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Home My WebLink About12-6077 MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 GMAC Mortgage, LLC 1100 Virginia Drive Fort Washington, PA 19034, Vs. Plaintiff, Clyde W. Sweeney 5215 Royal Drive Mechanicsburg, PA 17055, and Linda B. Sweeney 5215 Royal Drive Mechanicsburg, PA 17055, Defendants l"fir '~ ,~ It, Jr -~ ~, 1 ~~ ~` '£.. 1'~t ~'"~~~~~ Y~ ~ ~fA~~~ i 'r~ Attorney for Plaintiff File: 7.21869 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: ~~~77 ~~ll CIVIL ACTION MORTGAGE FORECLOSURE Q~~$~~3.~5~ A~ ~.~ 9~ss1 aai3ai 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON 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 ********,~r**~r~,ra~*,~~r+r~,t**~r,~~r,t,kti*****~~r~~,e**«**~r~r~x**,~**+~r*x,wx*,r**,t,k*,r*,r*~rr**,r,rr~r* NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt,. or any portion thereof, is disputed, our offices will provide you with verification of the debtor copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 GMAC Mortgage, LLC 1100 Virginia Drive Fort Washington, PA 19034, Plaintiff, Vs. Clyde W. Sweeney 5215 Royal Drive Mechanicsburg, PA 17055, and Linda B. Sweeney 5215 Royal Drive Mechanicsburg, PA 17055, Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, GMAC Mortgage, LLC (the "Plaintiff'), is registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 1100 Virginia Drive, Fort Washington, PA 19034. 2. Defendants, Clyde W. Sweeney and Linda B. Sweeney, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described by virtue of a Deed dated July 29, 1987, recorded August 4, 1987 in Deed Book 32, Page 707. The Deed is attached hereto as Exhibit "A" and made a part hereof. 3. Defendant Clyde W. Sweeney, upon information and belief, resides at 5215 Royal Drive, Mechanicsburg, PA 17055. Defendant Linda B. Sweeney, upon information and belief, resides at 5215 Royal Drive, Mechanicsburg, PA 17055. 4. On August 8, 2008, in consideration of a loan in the principal amount of $165,851.00, the Defendants executed and delivered to All State Home Mortgage, Inc., an Ohio Corporation, a note (the "Note") with interest thereon at 6.750 percent per annum, payable as to the principal and interest in equal monthly installments of $1,075.71 commencing October 1, 2008. The Note is attached hereto as Exhibit "B" and made a part hereof. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for All State Home Mortgage, Inc., an Ohio Corporation a mortgage (the "Mortgage") dated August 8, 2008, recorded on August 26, 2008 in the Department of Records in and for the County of Cumberland under Instrument 200828949. The Mortgage is attached hereto as Exhibit "C" and made a part hereof. 6. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded August 27, 2012 under Instrument 201226050. The recorded Assignment of Mortgage is attached hereto as Exhibit "D" and made a part hereof. 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 5215 Royal Drive, Mechanicsburg, PA 17055. A legal description of the Mortgaged Premises is attached hereto as Exhibit "E" and made a part hereof. 8. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due Februazy 1, 2012, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage and Note: Principal Balance ....................................$159,465.24 Accrued but Unpaid Interest from 1/1/12 to 9111/12 ..........................................$8,072.91 Escrow Advance ..........................................$1,898.18 Late Charges ...................................................$376.32 TOTAL as of 09/11/2012 ........................$169,812.65 Plus, the following amounts accrued after September 11, 2012: Interest at the Rate of 6.750 percent per annum ($29.90 per diem) 10. Plaintiff has fully complied with Section 403 of Act No. 6, 41 P.S. § 403, known as the Loan Interest Protection Law by mailing to the Defendants at 5215 Royal Drive, Mechanicsburg, PA 17055, as well as to the address of residence listed in paragraph 3 of this document on Apri13, 2012, the Notice pursuant to Act No. 6 and the applicable time periods have expired. The Act Notices are attached hereto as Exhibit "F" and made a part hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $169,812.65, plus the following amounts accruing after September 11, 2012, to the date of judgment: (a) interest of $29.90 per day, (b) plus interest at the legal rate allowed on judgments after the date of judgment, (c) additional attorney's fees (if any) hereafter incurred, (d) and costs of suit. MILSTEAD & ASSOCIATES, LLC Dater ~/ Peter Nocero Patrick J. W Attorney for VERIFICATION hereby states that he/she is AtitliQfiZCd ~~CCI' of GMAC Mortgage, LLC, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~ ~ a Name: titer Title: AU,~10l~ZCd O~CCr «.wa+.+s.rr~ .. •a GOA4MC7ty i .r: rJF FFlaFi.;Y:Wst:1le _,_ scr-qtr ---'~'=~.c -? j .- - 1~- F 'B7 ~l~ 4 ~ ~~t !~ ?9 . 9 - - d[dDB T$8 29th dug of July is tka yerk . - ~ • - of oar' Lord oae tkousnwd rei>te kaadsred eighty-seven (1987) . BEY'IYBBN JOHDt J. y-OJCFX and lQYBNA L. WQTCIX, his wife, of .. Kechanicsbnrq, Cumberland Cogntp, Pennsylvania • • C•mrrtor sy - 3 eead CLYDB W. SWSBNSY and LINDA B. SW~y, bis wife, of xecbanicsbuzg, Cumberland County, Pennsylvania i NITNIsSSXT$, tkat i» roaaid~ratiax n Graxtea s: f Sixty-Five Thousand Five Hundred and .. - NoJ100---°--- ~ ---(565,500.00)----------•._ _ iat hand Paid. tkc rrcript xkarroj is karrbg aok+roa+fadued. tke acrid prweto- g do k ~~ and ernrarr to thr aairf pmartrt ~bY 9>a~t s. their heirs znd assigns: f ALL .TEAT CBBTAII~ lot in Plan No. 3, Windsor Park, Lowe= Allen Townshig, Cumberland County, Pennsylvania, as shown on the enivey dated Jtme 13, ~ 1959, by D. P. Raffensperger, R.S., as follows: LOT 6, Block •B". B3GINHING at a point on the northern side of Royal D.r ve, sa po t being three hundred ninety-three cad ninety-two f hundreflths (393.92) feet in a westerly direction along Boyal Drive, from ' the northwest corner ot: the inte:rsecbion of Windsor Boalavard and Boyar { Drive. thence south forty-five (45) flegre@s fifty-two (52} minutes wsst,~- along the northern side o! Bayai Drive, a distance of seventy-five (7g} - feet to a point; thence north forty-four (44) degrees eight .(8) urinates. ' west. a distance of one hundred tan (110) feet bo a points thanes north - '~32 r~r,~ • r ~~ lorty~-five t45) degrees fifty-tvo t52) iainntes east; a distaace of ~-~y-five (75) feet to~a point= tkei~ nth forte-four f44) degracs eight t8) miantes etlst, a distance of oae hundred ten (110) .feet to a Points the place of [ING. HAVIEtG SRBCpgp thereon a dwelling house bean umbered as 5215 Royal Drive, Dfechanicsburq, Pennsylvania.~~ and n •~ the tame praises which Joseph Francis Coyne and Y T7eed dated January 18, 1973 and rewrded inn~theJoC~laad Coetntp ~car~ °l~Deed{so JOhn Jin ~a ~k ~8~• Volume 24, Page 200, 9raRted acid Wojcik and the Gragters herein, lfyrna L. Wojcik, hie wife, ~t~ilctions ynd rnd ~ S, to the covenants. co~sditicns and Associates, inc. Declaration of 9findsor Park. Inc. cad Ring , dated the I6th day of March, 1959. and recorded in . B~ooek lReoorder'a Office of Cumberlaafl flountl., Peansyivania, i.a !fist. of five (5~feetDia the 0~ the utilities easements of a set-back line are to be forthwith rew d d.of~Jg~p~~tY 1~' which said easements- easearent of Keystone P ~ N'ABLESS, to a certain page 192: IRIDER AND SQ Tg~ toe~~y• as recorded in 2lisC. g'oo$ 67, . strictions as filed with said plan. Gmb. Ca, ~t~ Scbeol t~ Cuwb. Ca. Pa. . 3~ ~ ~ rte. T,,..,..,., cwt. c. o~ ct ,yt g S :. ,. AND !7k said sreetars ierrbr eoveaaat sad aprss tlbt ttyglr - ..~~- ~oiR aom7aaE generally ~ P+oP~Y Lersb= asa~t~d. IN W/T1VF.SS WXNR60F, mid £snwtawe pave AerewREo ast their )wads aad srels tic dag aowl Ymr IFrst above ~urittss. ~ - .. Si~eb, liitdtb JR1~ ~Btlioec'd J - ~ . ~ ' • ~ !a 14t ~rer~nlte d i~'i~.rt~~ wogoik .~.~. Staer of Pennsplvania - ~ . u. Cexsty of Dauphin Ow tki'a. tJ~a 29th daJr of July ,19 87 , baforc mt, toe ~ ojFcir', yersasakp ai+yssred Soho J. and Kyrna L. Wojcik, his tai£e, dcae~os W me (or +atiyoctor+7ir prows) m bs tin person S wkase aawre 8 aye aabocrfbtd fp the +eilefa 6ulfvs,eat aadaebaaobrdpedlArd ~Y smaded saws for tAs p~e+pnasa tArreia ooalanmed. IN W772TSxS 1IHNRSVOF; j fees+watbo ss! xtv /vend sled o~ieisi seQ1. - " ^ ~ ~..,:5 h Qr;'~~:s y~, - ' ,..~i~ r~ ~s nJa:~ . ~ - ~EIaRICE WIE Ok7U111. JI0'Oie TWIG y .. !'Z~ ~'~ ~ ••- ~-~ - , YflE! tA1OOl[ lR OAIlIYa OO1O11Y •>,,,,~ : . Olt C WRES JOLT 2!, l!!O _ _ ~ faa~1G ~aak llaae~iwl d 11aaMt - ~ ,~ : j • i. .. . ~ . .• ~ - do ~ oe-hflr tlteai tAs p +wialsacc sad taaepi~c iaart o~os sdfras - i - of tke witlda x~ed ysaabs is 5215 Royal Drive, 14echaniooburg, PA 17055 - , 'j' - .. i~R~ iAS? .. . ~' 1% I ' - ~CY~.~ • ;.. i. F ;~-a~~~ r i3 F1T.N: 1007.61601.080003863 Loan Number: NOTE I --- - AUGiJS'1' 8, 2003 EUCL•lil Ot•l1~0 :t?I.S 170YAL I)ItTVE, ~9ECHAN.I:CSBURG, PEVNSYI+VAPJ.I.A 1."IUSa [I'rn~+ty AdJrral - 1. PARTIES ''Burrower" mean. each pcrw+n signing :u thr t-nd ++I' this \olc, and the prrstni s sucrecv+rs and assigns. "l.cnrlrr" tttt:am ALL, STATE HOME MORTGAGE, INC. , AN OH70 CO:21?ORA'I'lON and its wut•s+++rs anti :L<signs. 2. BORROWBt'S PROMISE TO PAY; INTEREST In return Ii+r a li+an reeci~•txl Irum Lender. lir-rrnttrr pra-niscs a+ pa~• thr principal swn u! OIJE HUNDREI? STXT'f-FIVE THOUSAND EIGNT HUNDRED I'T1~TY-ONE. AND OU/100 I)"-tt>trs (U.S. S 165, 851.00 t. plus interest. t++ the order of Lender. Intere.'st will be charicd un unpaid rritxipal. t~tNn tlx il:ur ul• Ji,htn•umcnt of the h+an proceeds ht• Lrndcr, at the rtte of SIX AND 7501000 percent 1 5.750 °:+) prr -•wr until the lidl umnunt ++f pt•ineipal has h~wro paid. 3. PROMISE TO PAY SECURED llurrt+t+er's pn+mise tt+ pay' is secured h}• a nturtgage, dtx-1 nl• trust ur similar xcurit~• instrumern th;+t is dated tltt• s;une date as this tvnte and rtllyd the "Sccurit~ Instrumrnt." 'I•he ticcurity Inatnnncnt pn+tCrts the Lcndrr li+tm locus ~t°hich micht rcwlt i1 fit+rrut~cr Jrt~ulte under this 1+ttc. 4. MANNER OF PAYMENT (A) Timc li++rrutu-r shall make a pa.~nnnt ut' princir:d and inti7•est t.+ 1,cntlcr on the 1st Joy ufeach month begimting un OC`T'OBE1? 1 , 2008 -\nt• principal and interest remaining ++n the l.st d;tv of 5G:r~T);N13f?R, 2038 .will be duron that date. which is called tht: "~faturih Date." (B) I'Iaee Pas•mm~t shall tx ntadc at 26250 EUC~TD AV~N>vE, EUCLID, OHIO 4 ~ 1.3?. . ur at such other place as l_enJrr nwy desir~tatc in tt•riling h}• notit c to Liornnecr. IC) Amount liaeh monthh• papmcnt a1 principal and inter~wt sill he in tht: am+tunt ul EJ. $. $ :I. , C'7 ~ . 71. 'I'bis am+~unt kill Ix part ul• a larger trxurihlt~ paymrnl rcyuir~til h. the 5~~curitr• Instrument. that sha11 tx apl+licd t++ prirn:il+al. interest and other items in the ortkr described in the 5~wurity Utstrumuu. tD) AIIonRe to tl-iS Dote fur 1'nyment Adjustments I t au :dletn4e prc+t-iding li-r lt:t}'ment adjustments is cxa;vted h~~ ttt,rn+t+'cr t+tgether t-•ith this \ntc. the ruvcttants ul• the ;tll+nt};e ,hall he incnrp++rat~Kl into and shall amend and +upplement the c+tt•rnants u1'this \utc as i1•thc all+atge tt•erc a part +H~ this \utc. MUL7'ISTATF -FHA FIXm RATE NOTE - DocM~ic ~'.=:a+rst~ eoo•s.r--~e: USI"H/1.NTF 05101108 Page t of 3 -yw-y,~~,~ ft: hrik :tppliiahlr Irl~.l Gnlticing Eynity :~liultge Gr:u)uateJ I'a~~ment AH,+nSe (] Uther ~slxeit}•I: • 5. BORROWER'S RIGHT TO PREPAY Horn+t~•rr hax the right lu pay t)te dchl evidenced M• this iVINC. in ~rholc or in part. ~+•itlxtut rhsrir or prnahy. ,m the lira day uS an, month. Lende.•r .hall aricpt pre{xrvnnnt nn utlter da~•s pnn•ideJ Ihat Burr,+urr pays interrsl un the rnutunt prepaid ti+r the remainder ,d• the mtnith to the extent required h. Lender and permitted h~~ regulations ol• the ~rirctar~. II' ii,>rnl,ter makes a partial pl•rpa}'ntent_ there sill h<: nu changes •sn the due date +•r ill the :unowtl ,+I the monihh~ pa• mrnt unle>s Lender agrees in Meriting to those changes. 6. BORROWER'S FAILURE TO PAY {:1) Late Chnry;e for (herduc 1'apmentx II' Lendw has turf rreci~•cJ the 1•ull monthl}• payment rcquirttil hr dte Scrurity Instrument. as drsrrihrtil in {'aragraph ~{t.:) etl'this Nutc, by the end of liftr.~:n calendar dais after the }wyment is Jur, Le.'nder ma~• ~•nlleit ;t late charge in the amount ul FOUR AND 000/1000 percent ( 4.000 °.•~o) I +I. the ,+verJur ,mount nl~ each payment. (li- 1)cfault li• l;.m•ut,rr Jrlaults by I';liling to p;n in lull anv tnunthh• p~ymcm. then I_endrr may. csrrpt :e: IimitrJ hr regulations e+!•the 6eeretan~ in the case c/f pad rnent del'aul[s. require irnmrdi:tte pa~•mrnt in full ,+I'the I+rinripal halanre remaining Jur :snJ all accrued interest. i_cndrr may cht~l+se not to rx~Yrise this uptam without ee•;living its rights in the e,rnt ol~any tiuhseyurut Jrluult. {n nt:lny circumstances. reculatium issued by the Sieretarc tail{ Limit Lender's rights to reyttire inun~titiate pa}•mrnt in 1•ull in the rascal p:t}•ment delieults. •I•his Notr d+xs n,+t :wthorire arielerutian ,when not permitteJ h~• Ilttl~ regulations. :\s useJ in this TJ,ue, "Setirrt:u)•" mram the Secreusry ul~ I~Il+using anJ I !rban Ur~•elopme:nt or iris ur her dt•5ignre. ((.') 1'aynlrnt of (~'osls stntl 1?xpenses I("Lendar7 has rcyuireJ immr,iiale p;n•mrnt in full as dcxritxJ above, LcnJer ma.'rcc(uirr Iii+rn+«cr to pay rusts and cxpensus includinE reau~nahle and eu>totnarv attorneys tees &tr utlilrring this Nute u+ the rx[rnl not pruhibitcJ h.• appiicahle ls..•. tiurh I•ccs and rt+sts shalt hear interest ti•r+m the date cIf Jishursrment ;u the same rate as lhr principal ,+I'this \ute. 7. WAIVBZS Rurrut,•er and any other persnn a'h,~ has obligatitms under this Ntac,caivr the rig+hLs ol•presennnrnt and MHicc Ill' dishunnr. "Presentment" means the right to require Lender to demand payment uf' amounts due. "\'ntiie ut• 1)itihotutr" ou:tns the right v. require I.cndcr to give notice ul other persons that am,wnts due ha~•e n,+t tRxn paid. 8. GIVING OF NOTICES llnlcss applir:tbic lay. requires a ditli:rent method. am' notice that mtut hr bi~~cn tel f~,~rro„er under this \ntr t+•ill Ix• given by drlicrring it I+r h}• mailing it by lust class mail to Li<trroecer at Ihr I'r,~erty Addri~i alq+ve ,+r :u a ditlcrc•nt address iC iiornl,crr has gie•en LenJcr a notice u1 fiun•+~tcrr's diticrettt address. :1m• Hauer thst must ht: liven to Lrndrr under this \,NC will he given hy,kliscring it or M• mailin;~ it by lira class mail a. i_cndcr :11 the aJdress stated in Paragraph 4t}i-,x at a Jitli:rent address ii• t;'trruser is gi,~ut n nnticr of that Jitlcrrnt :IJJrrss. 9. OBLIGATIONS OE PERSONS UNDER THIS NOTE tr•nx,re th:m ,mr person signs this Note. rich p<•rseut is lulls at-d perxmally obligated to keep all ofthe promise.•+ ma,ic in this Note:. incluJntg the prumice u. pa,~ the till amount ut~~lyd. Anv perutn t,•ho is a ~;uarante>r, surety ur enJorsrr I+i'this Nole is also ohliLatcd to Ju these things. Am' (xrsun ,vho takes over these ohligatiuns. including the ,+hligations o! a ~+.uarann+r. surety ur rniktrticr oC this N,HC, is ill.~d) UhllgatlYi LU keep all VI the promisi'1 Ittadl.' in MUI.T'ISTAIE-Ft U1 FIX EDriA7'ENOTE ~ paMay,OCr'r.-;~eou.s+v-riFz U5Fl•fA.NTE 05/01108 F'ag0 2 Of 3 www.docrosgic.cor» this I\'urc. I.rnJcr eta.' enti+rrr its rights under [leis N„tc agairut rash fxrsnn indi~•iduallp .,r :rgain~t all siinalorirs tvgrdrrr. :1m~ unr Ix:r:u,n signing this \'i,le ma~• Lx: r~•~uir~tii to P;t}~ all of [hr :rrtt+,unts ,Hied unJrr lhi5 Nntr, f31' il[;~It(i 1~h1_U1V. linrruwrr urr~~ts :utd agrees lu the terms and rv~rn:mts runtainrd in this Ivutr, G• • L ll w Sw>Jf~rrLY ~ tsrall /Hurn,.ccr LI1v A !3 S1r71s'EVEY -•-" __._ Itirall -Ilurrotscr -- ttiral) -L;,rrrn.~~rr 1 ~eail -13,unnccr PAY TO THE ORDER OF Gi tAC MO GAGE, LLC WITtIOUT ECOU SE D. CH10D0 ASSISTANT SECRETARY GMAC BANK -- (Srid) -Burn „crr -- ------ ltir:rll -lAtrnrircr PAY TO THE ORD~ OF -~• ~7'HOUT COURSE 6~ Ctl'i b• CIII()DO ~~ SIG~1,NG G!-~GM~ 1-10i2TGnGE, ~ C'C'F~ AC MO~GAGE CORPORq?!ON SEE ATTACHED ALLO~t'GE MULTISt•ATH • Fl-IA FIXt~ RATE NOTE _ USFIIq.NI'[ 05/01/08 ~~~ ~ - liage 3 of 3 p•c6:,;i.S~ aoo .....r,e-~ 9 www.rlocma~.tom ALLONGE Lunn ~uml~rr: Lean D:uc: AUGUST 8, 2C08 l;,~rrowrrl~l: CLYDE W SWEENEY, LINDA B SWEENY 1'rul~crly,\dclres~: 57.7.5 ROYAL DRIVE, MECHANICSBURG, PENNSYTVANl71 ].'105~~ 1'rinripal liplancc: S? 65, 851.00 1'Al' 'f0'fHE f)RD):R OF GMAC BANK tYilhuut Nwoursr ~,,,,,~~;~~~-~~m~: ALL STATE HOME MORTGAGE, INC., AcV O:IIO CORI=ONA'I'iCN ~__ Is.: ---!~-~4~- ~ ~:~~»~ 1 ____ ~[osing,-Manager Meenaks~i Gupta MULTISTATE NUfE ALLONGE 03108/07 ~.7~I-CL:KC :70.1 Y60.6/Y-1)67 www. Wanayic.can .~~ ~i~~~ ~ C~ ~: n m.,,.e !~ ~~~~~, This Instrument Pre~red By: AI~I~ STATR HOME MORTGAGR ?.6250 %UCLID AV~TiTE h;LTCl.,.ID OH 44132 (888?757-0007 ALL STATE HOME MORTGP_GE, INC 26250 EUCLID AVENUE EUCLID, OHIiG 44132 Loan Number: ~~~~~~~~~dl~~ SWEE[+IEY 3857519 FIRST AI~RIt~IN i15 i"bRTG~E ~1i1~8 idl~illl(N11811~~~11~~ [lniform Parcel Identifier Number: / 3 - ,Z Y- (~7 {~,? _ f~ J ~~ PA DIRECT SF'iTl.' SEFiYK;E$ Property Address: 3~ ~ (~~ BLVD. 5215 ROY11T, DRIVE SURE 30.4 MECAANICSBURG, PENNSYLVANIA 17055 PtiT$B11RGH, PA t523~i [Space Above This t.Ine For Recording Data] M(N: 1.002616010$0003863 MORTGAGE FHA ~~~. ~-~ TII1$ MOItTGACxE ("Security ]rtsztument") is givers on AUGIIST 8 , 2 008 The mortgagor is CLYDE W SWEENTsY AND LINDA B SWEENEY, HUSBAND AND WIFE {"Borrower" ). This Security lnstrumrnt is given to Mortgage Electronic Rtgistration Systems, Inc, ("HERS") (solely as nominee for Lender. as hereinafter defined, and Lender's successors and assigns), as mortgagee. HERS is organized and existing under the laws of Delaware, and has an address and telephone number of 3300 S. W. 34th Avenue, Suite 101. (7cala. FL 34474_ P.C3. Box 2026. Flint, Michigan 48501-2026, tel. {888) 674-tvIERS. AI,L STATE HOME MORTGAGE, INC. , AN OHIO CORPORATION ("!.coder"i is orgdr-ized anti existing under the laK^s of OHIO and hs an address of 26250 EUCLID AVENUE, EUCLID, OIIiO 44132 Scxra~.er oH~es Lender the principal surn of ONE HUNDRED SIXTY-FIVE THOUSAND EIGHT FI-~II~~RLD FIFTY-ONE AND 00/100 Dollars (U. S_ $ 1.65, 85]..00 -phis deli is evidens;ed 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 artd payable on SEI~'1'1;MI31;R 7. , 2 03 8 . ....._ FHA PENNSYLVANIA MOFZTGAGE - HERS -__._,-- ~- •- - pOCrMa~C iP1r~17CpaS 800-6494381 8/96 Page 1 of 10 W Mr W. dOCrl/i~C. COM17 This Security lnstrumcnt secures to Lendu: (a) the repayment of the debt evidenced by the Note, with interest, ant all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest advanctxl under paragraph 7 to protect the secwity of this Security Instrument; and (c) the performance of Borrower' s covenants and agreements undet• this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS the fallowing described property located in CUM$ERLAND County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A" which has the address of 5215 ROYAL DRIVE [street) NIECtii113ICSBURG ,Pennsylvania 17055 ("Property Address"j- IC'n'I [Lip Code} . T()(iE"fHER bVI-CH all the improvements now or hereafter erected on the property. and ail easements, appurtenances. and tirmres now or hereafter a part of the property. All replaarnents and additions shalt also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " Borrower unciersmnds and agrees that MFRS holds only legal title to the interests granted by Borrower in this Security ]nstrumerrt: but, if necessary Zd wmply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right to exercise arty or all of those interests, including, but not Limited to, the right to foreclose and eel l the Property: znd to take any action requited of Lender including, but not limited to, releasing or canceling this Security Instrument. BORRUW ER COVENANTS chat Borrower is lawf'uliy seised of the estate hereby conveyed and has the right to mortgage, grant and txmvey the Property and that the Property is unenctnnbered, except for encumbrances of record. Borrowe,• warrants and «•i1I defend generally the title Yo the Property against all claims and demands, subject to any encumbrances of rtxcxd. TIi[S SECI.~RITY INSTRUMENT combines uniform covenants for national use and non-unitvrm covenants with limited variations li}• jurisdiction to constitute a uniform security instrument ~vering real property. UNIFORM' COVENANTS. Borrower and Lrnder covenant and agree as foltows_ 1. Payment of Pr~cipal, lnter•es~t aad Late Ctisrge. Borrower shall pay when due the principal ot; and interest on. the debt e~ idenced 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 ti.iih the principa! and interest asset forth in the Nate and any late charges, a sum for {a) entice and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on Ute Prapcrty. and (c) premiums for insurance required under paragraph 4. in any year in which the Lender must pa}• a moRgagc insurance prunitun to the Secretary of Elousing and Urban Development (" Secretary"). or in any year in F}1A PENNSYLVAP1tA MORTGAGE-METtS - ------ 6/9S Page 2 of ~ 0 C 8[Iflfi~9-1362 www. dbcmat~"c, Corn +rhich such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i} 9 sum for the annual mortgage insurance prstnium to bt 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 s 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 Ftutds_" _ Lender may. at any time, collect and hold amounu 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. §20501 e_t sea. and implemetrting 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 "~ ur disbursements before the Borrower's payments are available in the account may not be based on amountti due fnr ,~ the mortgage insurance premium. --• if the amounts held by Lender for Escrow Items exceed the amounts permitted to beheld by RESPA_ Lender shall account to Borro~+~er tur the excess funds as required by RESPA, lfthe amounts of funds held by Lender at any time arc not su~cicnt to pay the Escrow [tents when due, Lender may notify the BorrOWer and require Borrower to make up the shortage as permitted by RESPA. --_ The F.scro++~ Funds are pledged as additional security for all sums secured by this Security Instrument. [f } Borrower tenders to Lender the full payment of all such sums, Borrower's aca0unt shall be credited with the balance remaining for alt installment items (s). (b), and (c) and any mortgage insurance premium installment that Lender has . not become oblieatcd to pay to the Secretary. and Lender shall promptly retirnd any excess funds to Borrower. _' Immcdiatel}' prior [o 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 j_ 3. Applicatioa of Paymeats. All payments under paragraphs f and 2 shall be applied by Lender as folbws: PIRST, to the mortgage insurance premium to be paid by Lender t0 the Secretary ar to the nronth[y charge by the Secretary instead of the monthly mortgage insurance pmnium; SL'CONI3, to any taxes, special assessments, leasehold payments or ground rents. and tire, flood and outer hazard insurance premiums, as required; Tl IIRTJ_ to interest due under the Note; FUURTH, to amortization of the principal of the Note; and FIF'fJl. to late charges due under the Note. ~- Ftre, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Propi~rty_ whether now ire existence or subsequently erected, against any hazards, casualties, and contingencies, including tire, --"~ for tivhich Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shalt also insure all improvements on the Property, whether now in existence or ~~+ subsequently erectexi against loss by tioods to the extent required by the Secretary- Aft insurance shalt be carried with "` rnmpani~ approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include -- loss payahlc 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 ~noernad is hereby authot•ucd and directed to make payment t'or such Ices directly to Lender, instead of to Borrower and to Lender joirtt!y. All or any part of the insurance prc>,:Ceds 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 t0 prepayment .. of principal, or (b) tie 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 _ FHA PENNSYLVANIA MORTGAGE - M92.S -.-.- .. .. _ _ 6/96 Page 3 of f 0 DacABagle ~ aoo-sa9_t3ca www.dtconr _-~~, --+.r wr ~# -•x. 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. "" to the event of foreclosure of this Security lrtstrumeni or outer transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Botmwer in and to insurarx:e policies in force shall pass to the purchaser. 5. Qccupaney, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; -- l.easeholds_ 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 Borrower's principal residence for at least one year after the date of occupancy. unless the Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating Circumstances exist which aze beyond Borrower's control. Borrower shall ratify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property err allow the Prapert} to deteriorate, reasonable ~a-ear and tear excxpted. 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 town evidenced b}• the Note, including, but not Eimited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a "~ -...~ Icaselwld_ Sorsower shall comply with the provisions of the lease. !f Borrower acquires fee title to the Property, the ""'~ leasehold and frc title shall not be merged unless Lender agrees to the merger in writing. ;,.,~ 6. Condemnation_ The proceeds Of any award or claim for damages, direct or consequential in connection r.,~. kith any condemnation err other taking of any part of the Property, or for conveyance in place ol'concfemnation. are "` hereby ascigntci and shall be paid to Lender to the extent of the fu[I 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, fast to any delinquent amounts applied in the order provided in paragraph 3, and then w prepayment of principal. Any application of the proceeds to the principal shall not e,<tend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Arty 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 tfiereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pa_r• all governmental or municipal charges, fines and impositions that are not includod in paragraph 2. Borrower shall pay these obligations an time directly to the entity which is owed the payment. [f failure to pay would adversely af7ect t.ender's interest in the Property, upon Lender's request $orsower shall promptly furnish to Lender receipt ev~tdencing these payments. !f Borsuwer fails U~ make these payments or the payments required by paragraph 2, or fails to perform any ether cavenanis and agretanents crontained in this Security Instrument, or there is a legal proceeding that may significantly affix;! Lendcx's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws err regulations), then Lender may do and pay whatever is necessary to protect the value of the Properly and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentianed in paragraph 2. Any amounts disbursed by Lender under this paragraph shell beotnne an additional debt of Borrower and be secured by this Securiy Instrument. These amour*s shall bear interest from the date oi' disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Barrawer shall prtunptly discharge any lien which has priority over this Security Instrument unless Borrawer~ (a} agrees in writing t<} the payment ofihe obligation secured by the lien in a manner acceptab€.e to Lender-, (b) contests --~ in goad faith the lien by. or defends a¢sinst enforcement of the lien in, legal proceedings which in the Lender's ~w,.` FHA PtTJNSYLVANIA MOttrGAGE-M~2S Doc~elagic~F eooatsa36~ 6196 !}age 4 of 10 www.docrnagic.com opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory tp Lender subordinating the lien to this Security instrument If Lender determines that any pare of the Property is subject to a lien which may attain priority over this Security Instrvmerrt, Lender may give Borrower a _„~;,, notice identifysng the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within -^~ 1{) days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretarv. ,,~, 9_ Grounds for Acceleration of Debt. --~ (a) Default. Lender may, eecept as limited by regulations issued by the Secretary in the case of payment , defaults, require inunediate payment in full of alt sums secured by this Security Instrument if: (i j Borrower defaults by failing to pay in ful! 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, tb perform any other abtigations ~.,. cantaine:d in this Security Instrument. - (b) Sate Withont Credit Approval. Lender shall, ifpermitted by applicable law (including section 34 L(d) of the Garn=St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Securit)r lnstrutttent iF '_ {'t) All or part of the Property, or a herreficial interest in a trust owning all ar part of the Aroperty, is said or otherwise transferred (other than by devise or dCSCent), and (ii) T'he Property is not oaxrpied by the purchaser or grantee as his or her principal residence_ or the purchaser or grantee does so occupy the Praperty, but his or her credit has rtai been approved in accordance with the requirements of the Secretary. (e) 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 courts. (d) Regnlatmas of HUb Secretary. ]n marry circumstances regulations issued by the Secretary will limit Lender's rights. in the ease of payment defaults, to require immediate payment in full and foreclose if nat _ paid. 'this Security lnstrument 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 k~ be eligible for insurance under the National Housing Act within 5 0 1JAYS ---~ li•om the date hereof, Lender may, at its option, require immediate payment in lull of all sums secured by this Security lnstrument A written statement of any authorized agent of the Secretary dated subsequent to #'~! 6 0 DAYS from the date hereof: declining to insure this Security Instrument and "" the Nate, shall be deemed conclusive proof of sveh ineligibility. Notwithstanding the foregoing, this option -- may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit. a mortgage insurancC premium to the Secretary. 10. Reiaslgteroent Borrower has a right to he reinstated if Lender has required immediate payment in lull because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies _ even after foreriosurc proceedings are instituted. To reinstate the Security Instrument, Borrower shall tinder in a -^ lump sum alt amounts required to bring Borrower' s secotint 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 b:~ Borrower, this Securit}° Instrument and the obligations that it secures shall remain in etlect as if Lender had not requires! immediate payment in full. However_ Lender is not required to permit reinstatement ii: (i) Lender has accepted reinstatement after the '" cximmene;ement of foreclosure proceedings within rive years immediately preeedin¢ the commencement of a current FHA PH~LNSYLlIANU- MORTGAGE- M13Z5 --~-- p~q{c ffi gpp•b,~y~735z 6/g6 r''age 5 of t0 ~.~_~ --..... --~.~.. ..r ~~ -...~ -.... ,... ~~ foreclosure proceeding (ii} reinstatemrnt will preclude forceiosure on different grounds in the future, or (iii} reinstatement will ad~•ersely affect the priority of the lien created by this Security Instrument ` l l_ Borrower 1Vot Released; >forbearance by Leader Not a Waiver. Ettcnsion of the time of payment or modification of amortization of the sums secured by this Security instrumrnE granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's suct:cssors in interest.. Lender shalt 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 lnstrttment by reason of any demand made by the original Borrower or Borrower's successors in interest Any forbearance by Lender in exercising uny right or remedy shelf not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; ,loint and Several Liability; Go-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). $orrower's wvenants and agreements shah be joint and several. Any Borrower whn eo-signs this Security Instrument but does not execute the Noie: {a) is co-signing this Security Enstrument 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 Saatrity Instrument; end (c) agrees that Lender and am ~"'+' other Borrower may agree to extend, modify, forbear or make any accommodations what regard to the terms of this ~* Security ]nstrument or the'~EOte without that Borrower's consent, ~+F 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 ntethod_ 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 saiven by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any rtoticx provided fi:r in this Security Instrument shall be deemed in have been given to Borrower ar Lender when given us provided in this paragraph. _ 14. Governing Law; Severabillty. This Security Instivment shalt 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 w or the Note conflicts with applicable law, suds conf}icL shall not at)act other provisions of this Security Instrument or the tote which can be given effect without the conflicting prevision. To this end the provisions of this Security Instrument and the Note are dedazed to be severable- - 15. Ronrower`s (:opy. Borrower shall be given one conformed copy of the Note and of this Security Instrument lei Hanrdous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Subslances on or in the Property. Borrower shalt not do, nor allow anyone else to do, anything affxting 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 Propctty of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shalt prampdy 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 arty Hazardous Substance or Environmental Law of which Borrower has actual knowlodge. If Borrower learns, or is notified by any governmental or regulatory authority. that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Harrower shall promptly take all necessary remedial actions in accordance with Cnvironmental Law. _ As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous --... subs4vtces by I'snvironmental Law and the following substances: gasoline, kerosene, other tlarnmable or toxic ""` petroleum producxs, to.~ic 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 t+~hcre the Property is located that relate to health, safety or environmental protection. FfiA PBdntSYLVANIA MORTGAGE - M67.S "- --- - ~ . ~ --- 6/96 Page 6 of 10 lC ~~'~~~ 800 619-7 367 kf~VYW_ fltfCfndylC.tORt IdON-UNIFOi~lli COV6HANTS. Borrower and Lender further covenant and agree as follows: -^~ t7. Assignment of Treats. 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 l3c~rrower of I3orrpwer' s breach of any covenant or agreement in the Security Instrumern, Borrower shall collect and . ~ ~- reccive 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) ail rents received by Borrower shall be held by Borrows- as ,~, trustee far benefit of ixnder 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 `~ due and unpaid to Lender or Lender s agent on Lender's written demand to the tenant. Borrosva 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 oorrtrol of or maintain the Property before or after giving notice ` of breach to Borrower. Hotivever, 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 renLS of the Property shall terminate when the debt secured by the Security Instrumc+rt is paid in full l8. Foreclosure Procedure. If Leader requires immediate paymrnt m full under para„raph 9, Leader may foreclose by judicial proceedings and/or invoke say other remedies permitted by applieabk law. Lender shall be entitled to co®ect all expenses incurred in pursuing the remedies provided or referred to in this paragraph )8, including, bnt not limited to, attoracys' tees and costs of title evidence to the exttat permitted by applicable law. If the Lender's interest in this Security tastrtimrnt is held 6y the Secretary, and the Secretary requires immediate payment is full under paragraph 9, the Secretary may invoke the noajudicial power of sale provided in the Single pamdy Mortgage Forxciosare Act of 1994 ("Act's {l2 l.S.C. 375) et seg.) by requesting a _.... foreclaspre commissioner designated under the Act to commence foreciosore and to sell the Property as provided """' is the Act Nothing in ffie preceding sentence shall dgsrivc the Secretary of any rights otherwise ava7able to ,cmt a Lendu under this paragraph l8 or applicable law. .N. i9. Rcla+se. Upon payment of a1i sums secured by this Security Instrument; this Security Instrument and the estate conveyed shall terminate and become void. Attu such occurrence, Lends shaA discharge and satisfy this ~ --~ Security Instrument_ Borrower shall pay any recordation tmsts. Lender may charge Borrower a fee for releasing this Security Instrvmettt, but only if the fee is paid io a third party for services rendered and the charging of tfie fee is permitted under applicable law. __ 20. Waivers. Borrower. to the extent permitted by applicable law, waives and release any error or defects in -- proceedings to entorcethis Security Instrument, and hereby waives the benefit of any present or future laws providing '" for stay of execution, ea-terssion of time, exemption from attachment, levy and sale, and homestead exemption_ 2!. Iteinstataarnt Period. Borrower's time to reinstate provided in paragraph 10 shall extend to otie hour prior to the commenc«nent of bidding at a sheriff s sale or other sale pursuant to this Security Instrument. - 2x. 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 [nstt•umeni shall be a purchase money mortgage. 23. interest Rate After Judgment Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage fpreclosure shall be the rate payable from rime to time under the Notc_ FH.4 PBdNSYLVANU4 MORTGAGE- MERS _..-------- _ . .._ ... . 6/9fi Page 7 of tb Doealagrei~,~.atea~ aoo-sus-~9sz www.docmagic.cam -_~.. ~,..~ ,... w~ :-_.. ?A. Riders to this Security Instrument If one ~ more riders are executed by Borrower and rewrded together with this Security Imtrument, the covenants of each sash rider shall be incorporated into and shall amend and supplement the rnvenants and agreements of this Security Instrument as if the rider(s) were a part of this Security lnstrumcxit. [Check appiicablc: box(es)~- f _ ] Condominium Rider ~ Graduated Payment Rider (~ Growing F.quiiy Rider [, J Planned Unit 17evelopment Rider [J Adjustable Rate Rider ~ Rehabilitation Loan Rider [j I~on-0wner Occupancy Rider ~ Other [Speci}y1 BY SIGNNG BELOW, Borrower accepts and egrets to the terms contained in pages 1 through 1() of this Security [nstrument and in any rideKs) executed by Borrower and recorded with it. `"l•' (Seal) CT-=YD~~SWE~IVEY -Borrotiver :. - {Seal} LI A B SidEENEY- - Borrower - (mil) -Borrower _. __- ...__ _._- (Seal) -Borrower Witness: Witness: ....... (Seat) -I3orra~vcr -- -- - (Seal j -Borrower .~ ~.~ ~., FhW PENNSYt.VAN1A M7RTGAGE-M@3S -- -- --._......-.__..... .... sass Page 8 of 10 [~ocAia~c ~~ eoo-6ss-rata www.docrnagie_eerre _ _.._ .. _.....-__ [Space Below This line For Acknow ledgmentJ $tatc nC pENi~TS'rLVANIA County of CUMBERLAPID On this the S~Z?day of AUGUST, 2008 ,before rne, t,(ata~c. .-~_--- _... __ -. the undersigned officer. personally appeared CLYDE W S'WfiENEY AirTD LINDA J3 SHTEENEY Mown to me (or satisfactorily prop en) to be the perm(s) whose namc(,s) is:'are subscribed to the within instrument and acknowledged that hdshe/they executed the same fot the purposes therein contained. In witness whereof I hereunto set my hand and official seals- NOTARIAL SEAf,. Et/dl1E L R48WSON Nofay Pt~bac PAtMYRl190ROtJGM, LEBANON COUMfY My Commktiors Expkes f~OV 2.2008 (Seal) _.~~'~ _ , S gnature ~t~ui h ~ L ~db~ nso'1- Printed Name Title of Officer My commission cxpires~ __ _ t f ~ z I C +~ . _ ... . FHA P9VNSYWANiA btORTIoAGE-M13i.S DDCAhyit e'if,QJPr:711;G 800~/A 79T! fi196 Page 9 of to www-docm~ic_com 5 Certittcate of Residence of Morts~eee The undersigned hereby certifies that: ('t) helshe is the Mortgagce or the duly authorized attorney or agent of the Mortxagee named in the within instrument; and (ii) iv(ortgagee` s precise residence is: 3300 S. rd. 34th Avenue, Suite 101, Qcala, FL 24474, P. O. Box 2026, Flint, Michigan 48501-2026 Witness my hand tins -~ day of r ~ ~~'/ ~ ~ • ~~ ~ - - Signature mtgagee or Mortgagee's Ihily Authorized AttoSnry or Agent Type or Print lv ie of Mortgagee or Mortgagee's Duly Authorized Auorney or Agent f FHA r"'l3VNSYLVANIA fJ{ORTGA6E-tygyS ---------__...__cU0fi ago.sa4.tss~ f3~96 Page 10 of 10 tvww.doanagrc.carrs .-~.... -.~.. ++ 6 `~ -._:~ -..... ~~ ~!j~!'i,~7/~ ALI. "THAT GERTAtN lot in Plan No. 3, V1~ndsor Pactc, t_owerAUen Township, Cumberland County, Pennsylvania, as shown on the survey dated June 13, 4959, h'y D.P_ Raffensperger, R.S., as folbws: Lot 6, Block "8", BEGINNING at a pointon the northern side of Royal Drive, said point be"n~g three 4undrEC! ninety-three and niniy-ivsro txdndtedttis (393.92) feetirr a west~'!y direction along Royai Drive from the narfl~wesf comer of the intersection of Windsor Boulevard and Royal Drive, thence south forty-fine (45)° frfly two (52} minutes Went, along the northern side of Royal Drive, a distance of seventy-five (75) ieetta a point; thence north forty-four (44)° eight (8) minutes west, a distance of ortt hundred ten (4 4 0) fee# to a point thence north fiorty-five (451° {52) frttytvvo minutes east, a distance ot`seventy-five (75) feetto a point; thence south forty-four (44)° eight (8) minus east a distance of one hundred tent (114) feet iJO a point, the place of beginning. BEING KNOW AS PARCEL NUMBER Z3 24-0793-130 ~~'H1:N Rk;CORllL•'ll,121:1'11tN "I'U: EQCII7YLOANSER6TCES, INC - 1140 SUPERIORAVENUE, SUTI~ 844 - CLEYFJAND, OhflO 44114 NATIONALRECORDING -TEAMS ROBERT P. 7.IEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 2{10828149 Recorded On SR,g/2008 At 10:25:07 AM * Total Pages - 12 * Instrument Type - l1~IORTGAGE Invoice Number - 27741 User ID - KW * Mortgagor - SWEENEY, CLYDE W * Mortgagee -MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer-FIRST AMERICAN * FEES STATE ARIT TAX $0.50 STAGE JCS/ACCESS TO $10.00 JITSTICE RECORDING FEES -- $25.50 RECCrRDER OF DEEDS AE`E'ORl)ASLE HOIISING $ZZ _ 50 CflD13TY ARCHIVES 1;'EE $2.00 ROD ARCHIVES FEE $3.00 mrYrat. flam $52 _50 Certification Page DO NOT DETACFI This page is now part of this legal document. X Certify this to be recorded in Cumberland County PA P RECOxnER O~u Ens * - lrtfermatiort denoted by an asteri4k may ehangs drriag the verification process and may not be retlceted on this page. niix~imo ---~ -". .~,., a~ r... osd .~.. ~~~~ Prepared By: Nick Glenn 2923 Country Drive St Paul, MM 55117 .~, When Recorded Return To: ~' indecomm Gtobal Services 2925 Country Drive St. Paul, MN 55117 - PiN:13 24-0793-13f! M1N:100061S01080003863 MFRS Phone: 888-679-63T7 UAssi~ygnment of Mortgage Dated: August 1ti, 2012 '~}') 1~'/!'~ For value received Mortgage Elsctrorr[c Registration Systems, hrc., as nominee for Aa State Horne IAortpage, inc.; an Otdo Corporation, its successors acrd assigrrs,1901 EVoorhees Sheet, $utbe C; AanM01s, {L 61634 or P.O. Box 2026, FIiM, lAt 48501 2026. the undersigned hereby grants, assigns and transfers to +C~iAC Mortgage, LLC, ii00 Virginia Drive, Fort Wsshinytan, PA 19034, al3 berMefraai interest under a cerigin Mortgage dsaed August 8, 2008 eooeCUDed try CLYDE W SUi1t3ENEY iJNDA B SWEENEY and recorded in Book 70f on Pages} XX as Document Number Z08e28949 on August 26, 2008 in fire alike of the Courrty Recorder of Cumberland County, Pennsylvania. , MORTGAGE AMOiJNT: ;165,851.00 MUh11CIPAL.ITY: L.owerAllen7ownship PROPERTY ADDi2ESS: 5215 ROYILL DRIVE, MECHANtCSBURG, PA 17055 Certificate of R~ldencs t, Sandy Kinnrxren , do hereby certify #frat the precise address of the within-named Assignee is 1100 Virg6ria Llsive, Fort Washington, PA 19034 . Dated: August 16, 2072 Sandy 14nnunen, Agent afi Assignee Page 1 Mortgage ElectrorrE~c RegiNration Systems, inC., as nominee for A~1 State Homy il+brigage, lnc:, an Ohio i successors and assigns ay. .~. -.._ 5andrs Jaan lQnnunen, Assistant Vice President <,,,, .... STATE OF Minnesota } I~~® ` _... COUNTY Ramsey j SS 'U02902303' On August 16, 2012 befiore rne. Lisa M Spurtieck ,Notary Public in and for said State personalty appeared Sandra Jeau- K(nnunen ,Assistant Vlp Pnsidsaet of Mortgage Electrnrtie Ragktration Systems. inc., persa~aily known to me to be the person whose name is subscribed to the withkr - v instrument and acknowledged m me that slhe executed the same in hislher authorized capectty, and that by hisTher signature on the ~strument the entity upon babel! of which the person acted, executed the instrument. WETNESS my harxi arsd ofTiciat seat. Lisa Spurt-vck, Notary P blic My Commission expires: January 37, 2013 LISA M_ SAURBEGi~ t Public M .rn-si.aora Page 2 --•..~. -.~. --•,.. ,.,,. -... ROBER3' P. ZYEGI.ER - T RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240370 Iastr~a~ent Nbtuber - 281226050 Reaordert On 8/27/20L2 At 11:36:59 AM * Iastrameut Tppe -ASSIGNMENT OF MORTGAGE Iavr-iee Namber -115936 User ID - MBL '` Mortgagor - S~VFI,NE1t, CLYDE W * Mom - GMAC MORTGAGE LLC * CnsMffier - INDECOMM US RECORDINGS INC * PSBS SZATS TiRIT T11% $0.50 sus JcslACCSSS ~o $2s.5o JiJ3TICE r~G Fsss - $~ . ao sK o~ DEe.as asp, ca~=Flcs~aoDr aaas $io.oo COMITY BRCHIV83 Ft;E $2.00 ~ DIVES I~ $3.00 TO?1,L ~'~ $51.00 I Certi#y the to be recorded in Cumberland County PA !° RF.CQRDER i * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of Ibis legal docamentw * - Iafernstioa denoted by sa gtsiidc mary cbaape dtria~ the veri5atioa proses sad asy oot be refbected oa tita pa~c. Ypll E>c~~s;.~~- E ALL THAT CERTAIN lot in Plan No. 3, Windsor Parts, LowerAilen Township, Cumberland County, Pennsylvania, as shown on the survey dated June 13, 195,9, by D.P_ Raffensperger, R.S_, as tolbws: Latfi, Block "B", t3EGlNNlNG at a pointon the northern side of Royal Drive, said point being three hundred ninety-three Arid ninty-two tr#tndre0ths (393.92) feet in a Nrss~'ly diredian along Royal Drive front the northwest comer of the intersection of Wrndsor t3oulevard and Royal Drive, thence south tarty-five (45)° fAty-iwo (52) minutes West. along the northern side atRoyai Drive, a distance of seventy-five (7fi) feetto a paint; 8tence north forty four (44j° sight (8) minutes west, a distance of one hundred ten (110} feetto a point #rence north forty-five (45)° (fit) frtty-two rninutss east, a distance ot'seventy-five [T5) feetto a point thence south forty-four (44)° eight (8) minus east a distance of one hundred ten (110} feet ho a paint, the place of beginr~ng. Sir11~tG KNOW AS PARCEL NUMBER 13 24-0793-130 GMAC Mortgage, LLC PO Box 780 3451 Hammond Avenue Waterloo , IA 50704-0780 ~~ ,. .. w .. mr r .~, ,' ACT 6 NOTICE Date: 04/03/12 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default: and the lender intends to foreclose Suecific information about the nature of the default is arovided in the attached Wages. HOMEOWNER'S NAME(S): CLYDE W SWEENEY ADDRESS: 5215 ROYAL DRIVE LOAN ACCT. NO.: MECHANICSBURG PA 17055 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it un to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 5215 ROYAL DRIVE MECHANICSBURG PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 02/01/12 through 04/01/12. See attached Exhibit for payment breakdown. Monthly Payments $ 4032.36 Late Charges $ 107.52 NSF $ 0,00 Inspections $ 0,00 Other (Default Expenses and Fees) $ p.00 Optional Insurance $ p_00 Suspense $ 0,00 TOTAL AMOUNT PAST DUE: $ 4139.88 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4139.88, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cash cashier's check or certified check made pavable and sent to• GMAC Mortgage, LLC ATTN: Payment Processing PO Box 780 3451 Hammond Avenue Waterloo , IA 50704-0780 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the morteage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose uaon your mort¢a¢ed procerty. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS ceriod you will not be reauired to ray attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time un to one hour before the Sheriff's Sale You may do so by paving the total amount then east due lus anv late or other chazees then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other reauirements under the mortea¢e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE. SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s 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 or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: ATTN: Address: Phone Number: Fax Number: Contact Person: GMAC Mortgage, LLC Loss Mitigation 2711 North Haskell Ave. Suite 900 Dallas, TX 75204 800-850-4622 866-709-4744 Collection Department EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, chazges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage aze satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTTI'UTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we aze attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5037 EXHIBIT 02/01/12 through 04/01/12 Mo. Pmt. Amt. $ 1344.12 GMAC Mortgage, LLC PO Box 780 3451 Hammond Avenue Waterloo , IA 50704-0780 ACT 6 NOTICE Date: 04/03/12 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee on vour home is in default and the lender intends to foreclose SpeciSc information about the nature of the default is provided in the attached sages HOMEOWNER'S NAME(S): LINDA B SWEENEY ADDRESS: 5215 ROYAL DRIVE MECHANICSBURG PA 17055 LOAN ACCT. NO.: ° "" NOTE: 1F YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THI5 NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. HOW TO CURE YOUR MORTGAGE DEFAULT (Brin¢ it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 5215 ROYAL DRIVE MECHANICSBURG PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 02/01/12 through 04/01/12. See attached Exhibit for payment breakdown. Monthly Payments $ 4032.36 Late Chazges $ 107.52 NSF $ 000 Inspections $ 0,00 Other (Default Expenses and Fees) $ p.00 Optional Insurance $ 0,00 Suspense $ p•00 TOTAL AMOUNT PAST DUE: $ 4139.88 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4139.88, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cash cashier's check or certified check made payable and sent to• GMAC Mortgage, LLC ATTN: Payment Processing PO Box 780 3451 Hammond Avenue Waterloo , IA 50704-0780 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riehts to accelerate the morteaee debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose uuon your morteased urouerty. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings aze started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS aeriod, you will not be required to pav attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and revent the sale at anv time up to one hour before the Sheriff s Sale. You may do so bypaving the total amount then past due plus anv late or other chazees then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and byverforming ~y other requirements under the morteaae. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the eazliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs 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 or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: ATTN: Address: Phone Number: Fax Number: GMAC Mortgage, LLC Loss Mitigation 2711 North Haskell Ave. Suite 900 Dallas, TX 75204 800-850-4622 866-709-4744 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sate, a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, chazges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage aze satisfied. YOU MAY ALSO 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. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5037 EXHIBIT 02/01/12 through 04/01/12 Mo. Pmt. Amt. $ 1344.12 i~.~~-~1~ ~I r_a~ T~~~ cL~T~fi~'~St~T,~+~..~. 1664 4~ ~ ~ S~P ~ ~ ~ i ~ : (~ ~ THE COURTS ~1;~~~RL~`~~dD G~UPiT .' FoxM 1 g g ,1~~~~ S YLd~~Pi 1 ~'~ GMAC Mort a e IN THE COURT OF COMMON PLEAS 1100 Virginia Drive CUMBERLAND COUNTY, Fort Washington, PA 19034, 'PENNSYLVANIA Plaintiff, V s. Clyde W. Sweeney 5215 Royal Drive Mechanicsburg, PA 17055, and Linda B. Sweeney 52 ~ 5 Royal Drive Mechanicsburg, PA 17055, Defendants l~-~7 ~ CIVIL NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM home. You have been served with a foreclosure complaint that could cause you to lose your If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-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 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 prepazed 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 PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 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 a`~~z Date Patrick J. Wesne~; squirt Milstead & Ass~~cia s, LLC 220 Lake Drive Eas Suite 301 Cherry Hill, NJ 80 2 856-482-1400 856-482-9190 (f) PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 THE COURTS 1665 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 rovlde the following information to the best of your knowledge: P_ Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of a~nle in Mailing Address: City: Phone Numbers: Email: # of people in Yes [~ No ^ Listing date: Yes ^ No ^ Home: Cell: Home: Cell: First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Frimary Reason for Default: State: Zip: Price: $ Realtor Phone: State: Zip: Office: Other: How long? State: Zip:. Office: Other: How long? Date You Closed Your Loan: Included Taxes & Insurance: Is the loan in Banlauptcy? Yes ^ No ^ 7.21869 PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 1666 THE COURTS 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: Z,e~.; Amount Owed: Value: Other transportation (automobiles boats motorcyclesZ Model: _ Year: Amount Owed: Value Monthly Income Name of Employees: 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 gMpUNT Mort a Food 2° Mort a Utilities Car Pa ent s Condo/Nei .Fees Auto Insurance Med. not covered Auto fueUre airs Other ro . a ent Install. Loan Pa ants Cable TV Child Su ortJAlim. S endin Mone Da /Child Caze/Tuit. Other E nses 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): 7.2 ] 869 2 PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 THE COURTS 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 delinquency? Yes^No^ If yes, please indicate the status of those negotiations: Please provide the following information, if lmow, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: 1667 Phone: Phone: fie' 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. UWe understand that Uwe am/are under no obligation 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 '~ Past 2 bank statements '~ Proof of any ezpected income for the last 45 days ~ Copy of a current utility bill '~ Letter explaining reason for delinquency and any supporting documentation (hardship letter) ~ Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy' Richard W Stewart Solicitor r G t.~ rf -, r ai l: a I" PRO L 4A r4`2 OCT 16 AM 9' C5 CUMBERLAND COUNTY PENNSYLVANIA GMAC Mortgage, LLC vs Case Number . Clyde W. Sweeney (et al.) 2012-6077 SHERIFF'S RETURN OF SERVICE 10/0212012 08:18 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2012 at 2018 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Clyde W. Sweeney, by making known unto Carlene Sweeney, Granddaughter and Power of Attorney for Clyde W. Sweeney at 5215 Royal Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. Deputies were advised, Clyde W. Sweeney is currently hospitalized and Carlene Sweeney is an adult resident at 5215 Royal Drive, Mechanicsburg, Pennsylvania 17055. RYAN BURGETT, DEP? 10/11/2012 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 B. Sweeney, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Linda B. Sweeney. Request for service at 5215 Royal Drive, Mechanicsburg, Pennsylvania 17055 the Defendant was not found. Deputies were advised, Linda B. Sweeney is thought to be currently residing in the Muncy, Pennsylvania area. SHERIFF COST: $59.00 October 11, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosofl, Inc. MILSTEAD&ASSOCIATES,LLC BY:Patrick J. Wesner,Esquire lD No.203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff GMAC Mortgage,LLC ! COURT OF COMMON PLEAS 1100 Virginia Drive i CUMBERLAND COUNTY Ft.Washington,PA 19034, i Plaintiff, i Vs. No.: 201.2-06077 -,, i 3 Clyde W.Sweeney rini 5215 Royal Drive 77 4 r Mechanicsburg,PA 17055, -e3> Cn C and i rr -fiec Linda B.Sweeney "_ C--) 540 Broadway Street,Apt 7 i 'eW Hughesville,PA 17737, Defendants PRAECIPE FOR JUDGMENT,INREM,FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Clyde W. Sweeney and Linda B. Sweeney,Defendants, for failure to file an Answer on Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises,and assess Plaintiff s damages as follows: As set forth in Complaint $169,812.65 Interest 9/12/12 through 05/13/13 7,265.70 Late Charges 0.00 TOTAL $177,078.35 I hereby certify that(1)the addresses of the Plaintiff and Defe ants e as sh n ab a and(2)that notice has been given in accordance with Rule 237.1.copy attached. Patrick J�W ire Attorney fo laintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: ��(o L/3 q ROTHONOTAR • 50 PD ATr1 No`k'ee Ma f led MILSTEAD&ASSOCIATES,LLC BY:Patrick J. Wesner,Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff Gur file number: 7.21869 GMAC Mortgage,LLC, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 2012-06077 Vs. Clyde W. Sweeney and Linda B. Sweeney, Defendants. TO: Clyde W. Sweeney Linda B. Sweeney 5215 Royal Drive, 540 Broadway Street,Apt 7, Mechanicsburg,PA 17055 Hughesville,PA 17737 DATE OF NOTICE: January 9,2413 THIS FIRM IS A.DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED To HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 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 eligible persons at axtduced fee or no fee. (00020971) Page I of 2 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD&ASSOCIATES,;LLC By--- - . " n , Esquire ID No. 203145 Attomey for Plantif {00020971} Page 2 of 2 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Clyde W. Sweeney Linda B. Sweeney GMAC Mortgage,LLC, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 2012-06077 Clyde W. Sweeney, and Linda B. Sweeney, Defendants NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania,you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE,PLEASE CALL: PATRICK J. WESNER,ESQ. #203145 MILSTEAD &ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. PpOT)qc)WT-AP—Y MILSTEAD& ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff File Number: 7.21869 GMAC Mortgage,LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. No.: 2012-06077 Clyde W. Sweeney Linda B. Sweeney CIVIL ACTION MORTGAGE FORECLOSURE Defendants CERTIFICATE OF SERVICE 1, Patrick J. Wesner, Esquire, do hereby certify that the Complaint in Mortgage Foreclosure was served upon Defendants, Clyde W. Sweeney on October 2, 2012 by the Cumberland County Sheriff and Linda B. Sweeney on December 18, 2012 by the Lycoming County Sheriff. A copy of the Service Returns are attached hereto and made a part hereof as Exhibit"N'. 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 18Pa.C.S. § 4904 relating to unsworn falsification't/o authorities. Patric esner, squi ie � Attorney for Plain iff • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy �y Richard W Stewart Solicitor orF+CtE OF THE ISHERIpr GMAC Mortgage, LLC vs. Case Number Clyde W. Sweeney(et al.) 2012-6077 SHERIFFS RETURN OF SERVICE 10/02/2012 08:18 PM-Ryan Burgett, Deputy Sheriff,who being duly sworn according to law, states that on October 2, 2012 at 2018 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant,to wit: Clyde W. Sweeney, by making known unto Carlene-Sweeney,Granddaughter and Power of Attorney for Clyde W. Sweeney at 5215 Royal Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. Deputies were advised,Clyde W. Sweeney is currently hospitalized and Carlene Sweeney is an adult resident at 5215 Royal.Drive, Mechanicsburg, Pennsylvania 17055. FY'AN BURGETT, DI - 10/11/2012 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 B. Sweeney, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Linda B.Sweeney. Request for service at 5215 Royal Drive, Mechanicsburg, Pennsylvania 17055 the Defendant was not found. —Deputies_were..advise.d,_.Linda_B__S.ween.ey is..thought_to-b,e_currently_residing.in_the-Muncy Pennsylvania area. SHERIFF COST: $59.00 SO ANSWERS, October 11, 2012 RONt1Y R ANDERSON, SHERIFF (C)crntnlyStfrfe Sheriff,Tafeo CA.I= CASE NO: 2012-06077 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Lycoming GMAC MORTGAGE LLC VS CLYDE W SWEENEY & LINDA B SWEE MATTHEW KULA Sheriff or Deputy Sheriff of Lycoming County, Pennsylvania, who being duly sworn according to law, says, the within COMPL MORTG FORECLOSE was served upon SWEENEY LINDA B the DEFENDANT at 0002:15 Hour, on the 18th day of December ., 2012 at 540 BROADWAY STREET APT 7 HUGHESVILLE, PA 17737 by handing to - PERSONALLY a true and attested copy of COMPL MORTG FORECLOSE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs.* So Answer Docketing 9. 00 Service 9. 00 Notary 2 , 50 R. Mark Lusk, Sheriff Surcharge - 00 By Mileage 17. 76 38 .26 12/19/2!012 DeputVj8heriff .Sworn and subscribed to before me this day of --2-- A.D. I-Q- )141 Notax LM PI -M. -4a n 7r li—1 61 Hwy CD'mn MILSTEAD &ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff File Number: 7.21869 GMAC Mortgage, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. No.: 2012-06077 Clyde W. Sweeney Linda B. Sweeney Defendants VERIFICATION OF NON-MILITARY SERVICE Patrick J. Wesner, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief,he has knowledge of the following facts, to wit: 1. that the defendants 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 of 2003, 50 USC App.§ 501, 2. Defendant, Clyde W. Sweeney, is over 18 years of age and resides at 5215 Royal Drive,Mechanicsburg, PA 17055, 3. Defendant, Linda B. Sweeney, is over 18 years of age and resides at 540 Broadway Street, Apt. 7, Hughesville, PA 17737. Pa 6 Esq it Department of Defense Manpower Data Center SCRA 3.0 �,`7,. st'aftis Repoft Pursuant to Sery cemnemben Civil Relief Act Last Name: SWEENEY First Name: LINDA Middle Name: Active Duty Status As Of: May-1 3-201-3 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 Days 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 Nolified of a s=uture CalWp to Active Duty on Active Duty Status Date - Order Notification Start Date Ordar 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/ter 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. Aaj ,* 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)man organization of the Department m Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source mdata on eligibility for military medical care and other eligibility systems. The mmstrongly supports the enforcement mthe Semicemembers,Civil Relief Act(muSC App.O501et seq.as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act m1ywu). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual/o currently on active duty"responses,and has experienced only a small error rate. m the event the individual referenced above,o,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 ur the acmA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the ^uefenmymx.mirunL-.xnpmwww.ucmnsonnxm/mmv/pimr0000Loe.xum. n you have evidence the person was on active duty for the active duty status date and you fail m obtain this additional Service verification,»unnwepmvn/onammeScnmmuvuom"vxouaoamatvov. o*e50oSc*pp.y521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(e)Whether the individual lenmmve 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 au reported in this certificate w defined m accordance with 1oueoO1o1(d)(1). Prior moo10 only some'x the active duty periods less than oo consecutive days m 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 uv Federal funds. All Active Guard Reserve(AeR)members must m,assigned against an authorized mobilization position inthe 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 xumm/vuu/^v(wo/Aoomm/snmmwuwno). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and,ncludes some categories of persons on active duty for purposes of the SCRA who would not be reported aoon Active Duty under this certificate. sonx»mteomms are for Title 10 and Title 1*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 an which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections m the ocnx may extend mpersons who have received orders m report for active duty orm»o inducted,but who have not actually begun active duty m actually reported for induction. The Last Date oo Active Duty entry io important because a number of protections ovmvaonx extend beyond the last dates m active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that ail 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 mn erroneous certificate mueprovided. Certificate |D: U2N16E8[]K008NA0 ' Department of Defense Manpower Data Center SCRA 3.0 4 Status Report Pursuant try dery cemembers+civil e iel Act Last Name: SWEENEY First Name: CLYDE Middle Name: Active Duty Status As Of: May�9 3-2013 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 Days 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 F 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 .NA No NA This response reflects whether the individual or hislher unit has received eady 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. 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 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:hftp://www.defenselink.mil/faq/pis/PC09SLDR.htmi. 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: Z2JEIEBDE007M10 a y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC, ' CIVIL ACTION Plaintiff, NO.: 2012-06077 Vs. PRAECIPE FOR WRIT OF EXECUTION Clyde W. Sweeney (Mortgage Foreclosure) and Linda B. Sweeney, Defendants. ` TO THE PROTHONOTARY OF CUMBERLAND COUNTY: < ` 1. Directed to the Sheriff of CUMBERLAND County; _ r 2. Against the Defendant(s) in the above-captioned matter; 3. and index this writ against the Defendant(s) as follows: Clyde W. Sweeney Linda B. Sweeney Real Property involved: 5215 Royal Drive Mechanicsburg, PA 17055 Amount Due $177,078.35 Interest from 1/16/13 to Date of Sale at $29.90 per diem (6%) TOTAL (Costs to be added) Respectively submitted, Milstead &Associates, LLC DATE: July 'L� , 2013 Patric esnerAsqu r Attorney for Plai tiff vU C�C 220 Lake Drive uite 301 X07 pC�rry Hill,NJ 08002 63 . 0C) J cg,. /S 0�7Q. so ALL THAT CERTAIN lot in Plan No. 3, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey dated June 13, 1959, by D.P. Raffensperger, R.S., as follows: Lot 6, Block "B", BEGINNING at a point on the northern side of Royal Drive, said point being three hundred ninety-three and ninty-two hundredths (393.92) feet in a westerly direction along Royal Drive from the northwest corner of the intersection of Windsor Boulevard and Royal Drive, thence south forty-five (45)° fifty-two (52) minutes West, along the northern side of Royal Drive, a distance of seventy-five (75) feet to a point; thence north forty-four (44)° eight (8) minutes west, a distance of one hundred ten (110) feet to a point; thence north forty-five (45)° (52) fifty-two minutes east, a distance of seventy-five (75) feet to a point; thence south forty-four (44)° eight (8) minutes east a distance of one hundred ten (I 10) feet to a point, the place of beginning. Title to said premises is vested in Clyde W. Sweeney and Linda B. Sweeney, his wife by deed from John J. Wojcik and Myrna L. Wojcik, his wife, dated 7/29/1987 and recorded 8/4/1987 in the Cumberland County Recorder of Deeds in Book 32, Page 707. Being known as 5215 Royal Drive, Mechanicsburg, PA 17055 Tax Parcel Number: 13-24-0793-130 MILSTEAD & ASSOCIATES, LLC M-E D-0 F ICE ., BY: Patrick J. Wesner, Esquire .) HE FeROTiiONO TAR,i ID No. 203145 013 JUL 25 AM H- ( 1 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 CUMBERLAND COUNTY (856) 482-1400 PENNSYLVANIA Attorney for Plaintiff File Number: 7.21869 GMAC Mortgage, LLC, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 2012-06077 Vs. Clyde W. Sweeney AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 and Linda B. Sweeney, Defendants. GMAC Mortgage, LLC, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 5215 Royal Drive, Mechanicsburg, PA 17055: 1. Name and address of Owners(s) or Reputed Owner(s): Clyde W. Sweeney Linda B. Sweeney 5215 Royal Drive 540 Broadway Street, Apt 7 Mechanicsburg, PA 17055 Hughesville, PA 17737 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: GMAC Mortgage, LLC (Plaintiff herein) 1100 Virginia Drive Ft. Washington, PA 19034 4. Name and Address of the last recorded holder of every mortgage of record: GMAC Mortgage, LLC (Plaintiff herein) 1100 Virginia Drive Ft. Washington, PA 19034 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant Department of Domestic Relations 5215 Royal Drive Cumberland County Courthouse Mechanicsburg, PA 17055 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Lower Allen Township Tax Borough P.O. Box 2675 2233 Gettysburg Road Harrisburg, PA 17105 Camp Hill, PA17011 EIT Tax Collector West Shore School District Cumberland County Tax Bureau 507 Fishing Creek Road 21 Waterford Drive, Suite 201 P.O. Box 803 Mechanicsburg, PA 17050 New Cumberland, PA 17070 LST Collector Cumberland County Tax Bureau 21 Waterford Drive, Suite 201 Mechanicsburg, PA 17050 I verify that the statements made in the 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. Par ner, Es uire Attorney for Plain ff Date: July�, 2013 t H'E --OF FICL MILSTEAD & ASSOCIATES, LLC "'m . t -r BY: Patrick J. Wesner, Esquire 2013 JUL 2 S AM 1. 12 ID No. 203145 220 Lake Drive East, Suite 301 CU11BERLAND COUNTY Cherry Hill,NJ 08002 PENNSYLVANIA (856) 482-1400 Attorney for Plaintiff File Number: 7.21869 GMAC Mortgage, LLC, i COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. No.: 2012-06077 Sweeney,Clyde W. S ' Y Y� � NOTICE OF SHERIFF'S SALE OF and REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Linda B. Sweeney, Defendants. TAKE NOTICE: Your house (real estate) at 5215 Royal Drive, Mechanicsburg, PA 17055, is scheduled to be sold at sheriff's sale on December 4, 2013 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $177,078.35 obtained by GMAC Mortgage, LLC. 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 cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 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 notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFFS 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 bid price by calling Milstead &Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market 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 Milstead and Associates at 856-482-1400. 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 house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after 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 distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-6077 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE,LLC Plaintiff(s) From CLYDE W. SWEENEY,LINDA B. SWEENEY (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: 177,078.35 L.L.: $.50 Interest FROM 1/16/13 TO DATE OF SALE AT$29.90 PER DIEM(6%) Atty's Comm: Due Prothy: $2.25 Atty Paid: $272.50 Other Costs: Plaintiff Paid: Date: 7/25/13 David D.Bue 1,Prothonota (Seal) Deputy REQUESTING PARTY: Name: PATRICK J.WESNER,ESQUIRE Address: MILSTEAD&ASSOCIATES,LLC 220 LAKE DRIVE EAST,SUITE 301 CHERRY HILL,NJ 08002 Attorney for:PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 'tt MILSTEAD& ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire na 13 .-7 p I: 147 ID No. 203145 +3 220 Lake Drive East, Suite 301 CIJM ERLAND COUNTY Cherry Hill, NJ 08002 PENNSYLVAr11A (856)482-1400 Attorney for Plaintiff File Number 7.21869 GMAC Mortgage, LLC, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 2012-06077 Clyde W. Sweeney, Praecipe to Vacate Judgment and Linda B. Sweeney, Defendant(s). TO THE PROTHONOTARY: Kindly vacate the Default Judgment filed on May 16, 2013 in the amount of$177,078.35. MILSTEAD &AS OCIA E , LLC •atrick J • -• :, :qui Attorney ID No. 22b 26;145 itt_i .69,5411- 41-1-41 f //sic? pit x9 71? MILSTEAD &ASSOCIATES, LLC ' R;'O T> ' u ;r�, BY: Patrick J. Wesner, Esquire Q - . ID No. 203145 7 fC 220 Lake Drive East, Suite 301 'Uti RLU C ,T,�. Cherry Hill,NJ 08002 PENNSYLVANIA (856) 482-1400 Attorney for Plaintiff File Number 7.21869 GMAC Mortgage,LLC, " COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 2012-06077 Clyde W. Sweeney, Praecipe Settle, Discontinue and End and Action Linda B. Sweeney, Defendant(s). TO THE PROTHONOTARY: Kindly settle, discontinue and end the above captioned Mortgage Foreclosure action without Prejudice. MILSTEAD & ASS C IATES, E i C C , Patrick J. Wesner, squir ' I Attorney ID No. 20314 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FIE)-OF F Sheriff Jody S Smith Chief Deputy 0#1,.(w 2:013 DEC 1 1 PM 3 32 Richard W Stewart Solicitor r;c OF r(� SHERIFF CUMBERLAND C O T Y PENNSYLVANIA GMAC Mortgage, LLC Case Number vs. Clyde W. Sweeney (et al.) 2012-6077 SHERIFF'S RETURN OF SERVICE 08/23/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Linda B. Sweeney, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Lycoming County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 09/27/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. 09/27/2013 05:33 PM -Deputy Jamie DiMartle, 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 5215 Royal Drive, Mechanicsburg, PA 17055, Cumberland County. 09/27/2013 05:33 PM - Deputy Jamie DiMartle, being duly sworn according to law, attempted service to the Defendant, to wit: Clyde W. Sweeney at 5215 Royal Drive, Lower Allen Township, Mechanicsburg, PA 17055. The Defendant was found to be deceased. 10/07/2013 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Lycoming County upon Linda B. Sweeney, personally, at 540 Broadway Street,Apt 7, Hughesville, PA 17737. So Answers: Matthew Kula, Deputy Sheriff. SHERIFF COST: $176.56 SO ANSWERS, December 09, 2013 RONR ANDERSON, SHERIFF 50 eh- 9yi99 oo 299333' (c)CountySuite Sheriff,Telecsoft,In . J ` MILSTEAD &ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856) 482-1400 Attorney for Plaintiff File Number: 7.21869 GMAC Mortgage, LLC, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 2012-06077 Vs. Clyde W. Sweeney AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 and Linda B. Sweeney, Defendants. GMAC Mortgage, LLC, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 5215 Royal Drive, Mechanicsburg, PA 17055: 1. Name and address of Owners(s) or Reputed Owner(s): Clyde W. Sweeney Linda B. Sweeney 5215 Royal Drive 540 Broadway Street, Apt 7 Mechanicsburg, PA 17055 Hughesville, PA 17737 — t _OM-t/lcj CC 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: GMAC Mortgage, LLC (Plaintiff herein) 1100 Virginia Drive Ft. Washington, PA 19034 4. Name and Address of the last recorded holder of every mortgage of record: GMAC Mortgage, LLC (Plaintiff herein) 1100 Virginia Drive Ft. Washington, PA 19034 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant Department of Domestic Relations 5215 Royal Drive Cumberland County Courthouse Mechanicsburg, PA 17055 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Lower Allen Township Tax Borough P.O. Box 2675 2233 Gettysburg Road Harrisburg, PA 17105 . Camp Hill, PA17011 • EIT Tax Collector West Shore School District Cumberland County Tax Bureau 507 Fishing Creek Road 21 Waterford Drive, Suite 201 P.O. Box 803 Mechanicsburg, PA 17050 New Cumberland, PA 17070 LST Collector Cumberland County Tax Bureau 21 Waterford Drive, Suite 201 Mechanicsburg, PA 17050 I verify that the statements made in the 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 unswom falsification to authorities. yhr) Pa r . esner, Escuire Attorney for Plaintiff Date: July , 2013 • MILSTEAD & ASSOCIATES, LLC BY: Patrick I. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 • (856) 482-1400 Attorney for Plaintiff File Number: 7.21869 GMAC Mortgage, LLC, " COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. No.: 2012-06077 Clyde W. Sweeney, NOTICE OF SHERIFF'S SALE OF and REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Linda B. Sweeney, Defendants. TAKE NOTICE: Your house (real estate) at 5215 Royal Drive, Mechanicsburg, PA 17055, is scheduled to be sold at sheriff's sale on December 4, 2013 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $177,078.35 obtained by GMAC Mortgage, LLC. 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 cancelled if you pay to Milstead& Associates LLC,Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 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 notice on following page on how to obtain an attorney). I i ,I t 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 bid price by calling Milstead &Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market 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 Milstead and Associates at 856-482-1400. 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 house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after 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 distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 7.21869 ALL THAT CERTAIN lot in Plan No. 3, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey dated June 13, 1959, by D.P. Raffensperger, R.S., as follows: Lot 6, Block"B", BEGINNING at a point on the northern side of Royal Drive, said point being three hundred ninety-three and ninty-two hundredths (393.92) feet in a westerly direction along Royal Drive from the northwest corner of the intersection of Windsor Boulevard and Royal Drive,thence south forty-five (45)° fifty-two (52) minutes West, along the northern side of Royal Drive, a distance of seventy-five (75) feet to a point; thence north forty-four (44)° eight (8) minutes west, a distance of one hundred ten (110) feet to a point; thence north forty-five (45)° (52) fifty-two minutes east, a distance of seventy-five (75) feet to a point;thence south forty-four (44)° eight (8)minutes east a distance of one hundred ten(110) feet to a point,the place of beginning. Title to said premises is vested in Clyde W. Sweeney and Linda B. Sweeney, his wife by deed from John J. Wojcik and Myrna L. Wojcik, his wife, dated 7/29/1987 and recorded 8/4/1987 in the Cumberland County Recorder of Deeds in Book 32, Page 707. Being known as 5215 Royal Drive, Mechanicsburg, PA 17055 Tax Parcel Number: 13-24-0793-130 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-6077 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE,LLC Plaintiff(s) From CLYDE W.SWEENEY,LINDA B. SWEENEY (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: 177,078.35 L.L.: $.50 Interest FROM 1/16/13 TO DATE OF SALE AT$29.90 PER DIEM(6%) Atty's Comm: Due Prothy: $2.25 Atty Paid: $272.50 Other Costs: Plaintiff Paid: Date: 7/25/13 -- • David D.Buell,Prothonot _. (Seal) / � -, !l_ Deputy REQUESTING PARTY: Name: PATRICK J.WESNER,ESQUIRE Address: MILSTEAD&ASSOCIATES,LLC 220 LAKE DRIVE EAST,SUITE 301 CHERRY HILL,NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. TRUE COPY FROM RECORDand In Testimony whereof, I here unto set myy.Q and the se..{a{l of said Co at arlisl 201.2-- This= day of prothonotary 1fA kt Y--la-ov On August 23, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 5215 Royal Drive, Mechanicsburg, as Exhibit "A" filed with this ~writ and by this Reference incorporated herein. G- `Date: August 23, 2013 rte, By: L `76 ` eal Estate Coordinator SHERIFF'S OFFICE OF CUMBERLAND COUNTY • Ronny RAnderson FILED-OFFICE • Sheriff {{' 77 t .. Jody S Smith Chief Deputy 2013 DEC 1 1 PH : Richard W Stewart • CUMBE-RL AND COUNTY Solicitor OFFICECFT E$!?ER1FF PENNSYLVANIA M&T Bank Case Number vs. Krishnan Sreedharane(et al.) 2013-2116 SHERIFF'S RETURN OF SERVICE 09/27/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. 09/27/2013 11:02 AM - 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 43 Stone Run Drive, Silver Spring, Mechanicsburg, PA 17050, Cumberland County. SHERIFF COST: $121.90 SO ANSWERS, December 09, 2013 RONR ANDERSON, SHERIFF • • 07.e3s-C • So L p4 4t 9 w 2 (c)CountySuite Sheriff,Teleosoft.Inc. m �C '335/ McCABE,WEYSBJ,�RG AND CONWAY,P.C. BY: TEYkRENCE 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 M&T Bank CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. NO: 13-2116 Krishnan Sreedharane and Radha Sreedharane 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:43 Stone Run Drive,Mechanicsburg,Pennsylvania 17050,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 Krishnan Sreedharane 11558 Spicewood Parkway Apartment 14 Austin,Texas 78750 Radha Sreedharane 11558 Spicewood Parkway Apartment 14 Austin,Texas 78750 2. Name and address of Defendants in the judgment: Name Address Krishnan Sreedharane 11558 Spicewood Parkway Apartment 14 Austin,Texas 78750 Radha Sreedharane 11558 Spicewood Parkway Apartment 14 Austin,Texas 78750 •j r" 1 da 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Digital Federal Credit Union 220 Donald Lynch Boulevard Marlborough,Massachusetts 01752 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 Walnut Point Phase III Owners' 25 Irongate Court Association Mechanicsburg,Pennsylvania 17050 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 43 Stone Run Drive Mechanicsburg,Pennsylvania 17050 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 { i r 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 do 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 do 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 do U.S.Dept of Justice,Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. BY: 4 (1...-A--C [ ] Terrence J.McCabe,Esq. [ arc S.W isberg,Esq. DAT [ ]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 LEGAL DESCRIPTION ALL THAT CERTAIN Lot in the property known,named and identified in the Declaration,referred to below,as "Walnut Point, a Planned Community,"located in Silver Spring Township,Cumberland County,Pennsylvania,which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act,68 Pa.C.S.A. §§ 5101 et seq.,as amended,by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania,the Declaration for Walnut Point, a Flexible Residential Planned Community("Declaration"),dated June 17, 1998,recorded June 18, 1998 in Miscellaneous Book 579,Page 882,as amended by First Amended Declaration for Walnut Point, a Flexible Residential Planned Community("First Amendment"),dated November 13, 2002,recorded November 14,2002,in Miscellaneous Book 691,Page 3769 and as amended by Second Amendment to Declaration for Walnut Point,a Flexible Residential Planned Community,dated April 21,2004,recorded April 22, 2004, in Miscellaneous Book 707,page 3044, and designated in such Declaration as Lot No. 39(Identifying Number), described in Section 2.2 of the Declaration,as amended and shown(and described)in Exhibit C-1 of the First Amendment. BEING Lot No.39,Final Subdivision Plan for Walnut Point Phase II,dated June 14,2002,last revised November 16, 2002,recorded in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania,in Plan Book 85,Page 1. UNDER AND SUBJECT to restrictions and covenants of record,including,but not limited to Declaration for Walnut Point,a Planned Community("Declaration"),dated June 17, 1998,recorded June 18, 1998,in Miscellaneous Book 579,Page 882,First Amendment to Declaration for Walnut Point,a Flexible Residential Planned Community,dated November 13,2002,recorded November 14,2002,in Miscellaneous Book 691,Page 3769,and Second Amendment to Declaration for Walnut Point, a Flexible Residential Planned Community,dated April 21,2004,recorded April 2004,in Miscellaneous Book 707,Page 3044,and under and subject to easements and rights-of-way of record. The above property is also described as: ALL that certain lot,tract or parcel of land located in Silver Springs Township,Cumberland County Pennsylvania, bounded and described as follows to wit: BEGINNING at a point on the southern right-of-way line of Stone Run Drive,said point being located South seventy- eight degrees,five minutes,zero seconds East(S 78 degrees 05'00"E),a distance of one hundred twenty-six and ninety-two hundredth feet(126.92)from the centerline projected of Spring View Court;thence from said point of BEGINNING,by the southern right-of-way line of Stone Run Drive South seventy-eight degrees,five minutes,zero seconds East(S 78 degrees 05'00"E),a distance of eighty-five feet(85.00')to a point;thence by Lot No.40 South eleven degrees,fifty-five minutes,zero seconds West(S 11 degrees 55'00"W),a distance of one hundred thirty-five feet(135.00)to a point;thence by Open Space No.3 ,North seventy-eight degrees,five minutes zero seconds West(N 78 degrees 05'00" W),a distance of eighty-five feet(85.00)to a point;thence by Lot No. 38 North eleven degrees, fifty-five minutes,zero seconds East(N 11 degrees 55'00" E),a distance of one hundred thirty-five feet(135.00)to a point,the place of BEGINNING. Said tract contains 11,475.00 square feet or 0.2634 acres. BEING KNOWN AS 43 Stone Run Drive,Mechanicsburg,PA 17050 Parcel No. 3 8-08-0565-089 BEING the same premises which WILLIAM H. GOODLING AND KELLY J.GOODLING,HUSBAND AND WIFE by deed dated February 23,2006 and recorded May 9,2006 in the office of the Recorder in and for Cumberland County in Deed Book 274,Page 2248,granted and conveyed to Sreedharane Krishnan and Radha Sreedharane,husband and wife, in fee. t, Y McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 • ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,.ESQUIRE-ID#307169 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 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 CIVIL ACTION LAW M&T Bank COURT OF COMMON PLEAS v. CUMBERLAND COUNTY • Krishnan Sreedharane and Radha Sreedharane Number 13-2116 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Krishnan Sreedharane Radha Sreedharane 11558 Spicewood Parkway 11558 Spicewood Parkway Apartment 14 Apartment 14 Austin,Texas 78750 Austin,Texas 78750 Your house(real estate)at 43 Stone Run Drive,Mechanicsburg,Pennsylvania 17050 is scheduled to be sold at Sheriffs Sale on December 4,2013 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013 to enforce the court judgment of$292,214.62 obtained by M&T Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to M&T Bank the back payments,late charges,costs,and reasonable attorney's fees due. To find out how much you must pay,you may call McCabe, Weisberg and Conway,P.C.,Esquire at(215)790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. Al You may need an atrney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened,you may call McCabe,Weisberg and Conway,P.C.at(215)790-1010. 4. If the amount due from the buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty(30)days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed schedule of distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the schedule of distribution. 7. You may also have other rights and defenses,or ways of getting your real estate back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 ,► LEGAL DESCRIPTION ALL THAT CERTAIN Lot in the property known,named and identified in the Declaration,referred to below, as "Walnut Point,a Planned Community,"located in Silver Spring Township,Cumberland County,Pennsylvania,which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act,68 Pa.C.S.A. §§ 5101 et seq., as amended,by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania,the Declaration for Walnut Point, a Flexible Residential Planned Community("Declaration"),dated June 17, 1998,recorded June 18, 1998 in Miscellaneous Book 579,Page 882,as amended by First Amended Declaration for Walnut Point, a Flexible Residential Planned Community("First Amendment"),dated November 13, 2002,recorded November 14,2002, in Miscellaneous Book 691,Page 3769 and as amended by Second Amendment to Declaration for Walnut Point,a Flexible Residential Planned Community,dated April 21,2004,recorded April 22, 2004, in Miscellaneous Book 707,page 3044,and designated in such Declaration as Lot No 39(Identifying Number),described in Section 2.2 of the Declaration,as amended and shown(and described)in Exhibit C-1 of the First Amendment. BEING Lot No. 39,Final Subdivision Plan for Walnut Point Phase II,dated June 14,2002,last revised November 16, 2002,recorded in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania,in Plan Book 85,Page 1. UNDER AND SUBJECT to restrictions and covenants of record,including,but not limited to Declaration for Walnut" Point,a Planned Community("Declaration"),dated June 17, 1998,recorded June 18, 1998,in Miscellaneous Book 579,Page 882,First Amendment to Declaration for Walnut Point,a Flexible Residential Planned Community,dated November 13,2002,recorded November 14,2002,in Miscellaneous Book 691,Page 3769, and Second Amendment to Declaration for Walnut Point, a Flexible Residential Planned Community,dated April 21,2004,recorded April 2004, in Miscellaneous Book 707,Page 3044, and under and subject to easements and rights-of-way of record. The above property is also described as: ALL that certain lot,tract or parcel of land located in Silver Springs Township,Cumberland County Pennsylvania, bounded and described as follows to wit: BEGINNING at a point on the southern right-of-way line of Stone Run Drive,said point being located South seventy- eight degrees,five minutes,zero seconds East(S 78 degrees 05'00"E),a distance of one hundred twenty-six and ninety-two hundredth feet(126.92)from the centerline projected of Spring View Court;thence from said point of BEGINNING,by the southern right-of-way line of Stone Run Drive South seventy-eight degrees,five minutes,zero seconds East(S 78 degrees 05'00"E),a distance of eighty-five feet(85.00')to a point;thence by Lot No.40 South eleven degrees, fifty-five minutes,zero seconds West(S 11 degrees 55'00" W),a distance of one hundred thirty-five feet(135.00)to a point;thence by Open Space No.3 ,North seventy-eight degrees,five minutes zero seconds West(N 78 degrees 05'00" W), a distance of eighty-five feet(85.00)to a point;thence by Lot No. 38 North eleven degrees, fifty-five minutes,zero seconds East(N 11 degrees 55'00"E), a distance of one hundred thirty-five feet(135.00)to a point,the place of BEGINNING. Said tract contains 11,475.00 square feet or 0.2634 acres. BEING KNOWN AS 43 Stone Run Drive,Mechanicsburg,PA 17050 Parcel No. 3 8-08-0565-089 BEING the same premises which WILLIAM H.GOODLING AND KELLY J. GOODLING,HUSBAND AND WIFE by deed dated February 23,2006 and recorded May 9,2006 in the office of the Recorder in and for Cumberland County in Deed Book 274,Page 2248,granted and conveyed to Sreedharane Krishnan and Radha Sreedharane,husband and wife, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-2116 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due M&T BANK Plaintiff(s) From KRISHNAN SREEDHARANE AND RADHA SREEDHARANE (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$292,214.62 Plaintiff Paid$ Interest FROM 06/25/13-$7,830.52 AT$48.04 Attorney's Comm. % Law Library$.50 Attorney Paid$214.05 Due Prothonotary$2.25 Other Costs$ Date: 07/18/13 w%J. I_ David 10. :uell, '-othonotary By: Deputy REQUESTING PARTY: Name : MARC S.WEISBERG,ESQ. Address: MCCABE,WEISBERG AND CONWAY, 123 S BRAOD STREET,SUITE 1400, PHILADELPHIA,PA 19109 Attorney for:PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 TRUE COPY FROM RECORD %Testimony whereof,1 here unto set my hand and the se of s!a�id at. .Male. This d_ -�/� ;07 fit 6, •thonotary On August 26, 2013 the Sheriff levied upon the defendant's interest in the real property situated.in Silver Spring Township, Cumberland County, PA, Known and numbered as, 43 Stone Run Drive, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 26, 2013 By: Real Estate Coor inator d- 8 17 Elul