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HomeMy WebLinkAbout12-7527~. 1 < <_ ~j~ '~'LIfi i,,- {,,,.t, )(.t. ,.~~~ { t f ~. Y 1 1 M I! S 4. ~ l J ~ ~~ 1 i t MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610)328-2887 Attorneys for Plaintiff ~- ,s 30774CFC-BI - I ~ N 1 i iJ ^+ lY ~ ~ ,~ ~.~ THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION PO Box 67013 Harrisburg. PA 17106-7013 Plaintiff v. BRIAN H. DEPEW AND WENDY J. DF,PEW 60 Miller Street, Apartment 3 Lemoyne, PA 17043 Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. ~ ~ 1 Sad l V ~ CIVIL ACTION -MORTGAGE FORECLOSURE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE; Le hen demandado a usted en la corte. Si usted quiere defenderse de ester demandas expuestas en las paginas siguientes, usted tiene veinte (20) dies de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a renter una compazencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte tome ra medidas y puede continuer la demanda en contra suya sin previo aviso 0 notificacion..Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importances Para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO . ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRA'PAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 ~,,~~-~ Io ~, 75~~ sy~a ~~ y ,~agy3s~ MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue., Suite 7 Secane, PA 19018 (610)328-2887 Attonleys for Plaintiff THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION PO Box 67013 Harrisburg, PA 17106-7013 Plaintiff v. BRIAN H. DEPEW AND WENDY J. DEPEW 60 Miller Street, Apartment 3 Lemoyne, PA 17043 Defendants t'7 r .~ ~:>> ,_,r , y r-.~ ~ -9 ~ 30774CFC-BI ~ ~`~ ~~~ ~ ? ~a 1} ,~ ~ ~-- ~ ~ ' r~%-"~ ~4~' ~w ~t _+ r`' ;~' COURT OF COMMON PLEAS C)F CUMBERLAND COUNTY ..~ say u r I NO. `~ CIVIL ACTION -MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is The Pennsylvania State Employees Credit Union, a corporation organized and existing under state law, with offices for the conduct of business at PO Box 67013, Harrisburg, PA 17106-7013. 2. Defendants, Brian H. Depew and Wendy J. Depew are the mortgagors and real owners of premises 257 Walton Street, Lemoyne, PA 17043, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Pennsylvania State Employes Credit a Union on June 29, 2005, which mortgage is recorded on July 1, 2005 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1913, Page 45, secured on premises 257 Walton Street, Lemoyne, PA 17043 a true and correct description of which is attached hereto as Exhibit I. 4. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 5. The afaresaid mortgage is in default in that monthly installments of principal and interest have not been made in conformity with the terms of the mortgage, from June 2010 and each month thereafter, up to and including the present time. 6. Under the teens of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $ 143,948.78 Interest from 5/1/2010 to 1/10/2013 at $22.68 per diem $ 22,276.09 Accrued late charges to 10/20/2012 $ 1,010.52 Accrued Escrow deficit to 10/20/2012 $ 6;899.93 Attorney's Fee $ 1.650.00 Collection Fees $ 230.00 Total $ 176,015.32 8. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not. been received and Act 91 as amended by Act 160 of 1998 assistance has not been granted, although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $176,015.32, plus per diem interest at $22.68 from January 1 1, 2013 to the date of judgment plus costs thereon. Respectfully Submitted, MARTHA E. VON ROSENSTiEL,, P.C. BY: Martha E. Von Rosensti squire Heather Riloff, Esquire Attorneys for Plaintiff EXHIBIT I DESCRIPTION ALL THAT' CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Walton. Street, said point being one hundred three and five tenths (103.5) feet east of a concrete monument at an angle point on the northern line of Walton Street, said concrete monument being also four hundred seventeen and eight tenths (417.8) feet, more or less, east of the northern corner of Rossmoyne and Walton Streets; thence in an easterly direction along the line of Walton Street fifty (50) feet to a point; thence in a northwardly direction by a line at right angles to Walton Street and along the line of lands now or late of George C. Heagy and Stuart Heagy, two hundred (200) feet to a point; thence in a westwardly direction along the property formerly of Addison C.. Martin fifty (50) feet to a point; thence in a southwardly direction along property now or late of George H. Tripp two hundred (200) feet to a point, the place of Beginning. BEING part of Lot No. 61 on the flan of Lots known as Plan of Lower Walton, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, page 204, and having thereon erected a dwelling known and numbered as No. 257 Walton Street, Lemoyne, Pennsylvania. BEING THE SAME PREMISES granted and conveyed unto Matthew S. Neff and Angela M. Neff, by Deed of Matthew S. Neff and Angela M. Neff formerly Angela M. Deller, dated Novernber 30, 1998 and recorded December 2, 1998 in Deed Book 190, Page 354 in the Cumberland County Recorder of Deeds Office. PARCEL IDENTIFICATION NO: 12-22-0822-241, CONTROL #: ]2001383 EXHIBIT II PSEC~k HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 {THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: " IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Natice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE {33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet wi#h ane of the consumer credit counseling agencies listed at the end ofi this notice, the lender may NOT take action against you for thirty {30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice {see following pages for specific information about the nature of your default}. You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do sa, you must fill aut, sign and file a completed Homeowner's Emergency Assistance Program App[icatian with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit caunseling agencies have applications for the program and they wilt assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To tempararily stop the lender from filing a foreclosure action. your application MUST be forwarded to PHFA and received within thirty (30} days of your face-to-face meeting with the counseling agency. YOU SHUULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. iF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WETHEN 30 DAYS OF THAT MEETING, THEN THE= LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A ".F,E~;!- il~~(~h PLACE, HhPt'PISBURi~, FA i7~! -, .,-299CJ 800.R37.T$38 »p58Cet.Cam -r~:-q;g--.___.. _ __ ---- - T CIS CFEDI' UlviO"2 !S FEDEft~LY I"JSURED f;YTNE Pd~TiO,ti'.Ai CREDIT !~~;iC~ ACtiA!N! TRAT!01~. c('.JGI CpFDRTUP~I y ~:~~Dc=?. FORECLOSURE AGAINST YOUR P P LAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE P, HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION {S EVENTUALLY,APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. 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. (lf you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.} HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date}. NATURE OF THE DEFAULT: The MORTGAGE debt held by the above lender on your property located at: 257 WALTON STREET, LEMOYNE, PA 17043 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: DUE FOR June 2010 thru October 2012 -Principal = $ 5 954.58 interest = $ 20.229.52, Escrow = ~ ~ 899.93 and Late Fees = $ 1,010.52 Other charges = TOTAL AMOUNT PA5T DUE _ $ 34,094.55: HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30} DAYS of the date of this notice BY PRYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH iS ~ 34 094 55 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30} DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Pennsylvania State Emt~lovees Credit Union ;PSECU) __ PO Box 67013 Harrisburo PA 1 71 06-701 3 ~~:ED! ~h~'~~ MACE, ~iARF,SSURG, ra ;~, .~<-299, 80t3.337e9338 »psecu,~om ~r-~ -- ?~($ %R~t(I Jhf~ti i5 =E'~tRA~i.Y INSURED $1' i HE vAT!3NAi CREG'ti UF110h fi~iv1iNIST?ATiGA7. ~4ul+L ~P?ORT~JiUfTY '_cNDrR. PSEC You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: Make a payment of the total Rast due amount of $ 34 094 55 to re-instate your loan. IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default wi#hin THIRTY {30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outs#anding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If #ull 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 upon your mortgaged property. 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 wil! have to pay all reasonable Attorneys' 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) DAY period, you will not be required to pay 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 nat 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 any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Saie as specified in writing by the lender and by performing any other requirements under the mortgage. 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 Sheriffs 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 wai#. You may find ou# at any time exactly what the required payment or action will be by contacting the lender'. HOW T O CONTACT THE LENDER: Name of Lender: Pennsylvania State Employees Credit Union {PSECU Address: P O Box 67013 Harrisburg. PA 17106-7013 Phone Number: 800-237-7328 X3120 Fax Number: 717-772-2273 Contact Person: Roxann Myers E-Mail Address: rmyers(a~psecu.corr~ ~k~C U~~~G~v PACE, H:~RRISBURG, FA l , ~ 0-29?° $OO.~S7.73Z8 >•p~ecu.com `Hi5 CRE~'T U~1C)P~ IS FEBt~AL+Y I[vSUREG BY THE itATI~P;At C~E~71T Ulv16P! AG#Jt(\lSTRAT:ON. EQi!fit ~PP(lR7E~~ITY;_EIr~ER. PSEC~k EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you cantinue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may or XX may not (CHECK ONE} sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided thafi all the outstanding payments, charges and at#orney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: Tfl 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 NAVE 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 THE FEDERAL BANKRUPTCY LAIN Sincerely ~} Roxann Myers _!, Account Advisor CR~DI? !~~°~ ~~? PIACt, HP:RR~EiJRG, ?A i : iu-2970 840.'137.71328 »psecu.com - -'HIS tREGi? i;NI~~~N S EE~ERAILY iPtSURE~ SY THE NA?iOfdAL ~REDi? J11i0fd ADMIIiiSTRA?ICh. i;~+~AL 0^pC;RT~tiiTY LENGEit. HEMAP Cons m i eling Agencies CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND County Advantage Credit Counseling Service/CCCS of Western PA 2004 Linglesto~m Road Harrisburg, PA 17102 888-511-2227 Community Action Carnmission of Capital Region l 514 Derry Street Harrisburg, PA 17144 71 i-232-9757 Housing Alliance of YorIJY Housing Resources 294 West I<'larket Street York, PA 17401. 717-855-2752 Maranatha 43 Philadelphia Avenue Waynesboro. PA 17268 717-762-3285 PA Interfaith Community Programs Inc 44 );High Street Gettysburg, PA 17325 717-3 34-1518 PEIFA ZI i itio[21"i Front Street 1-Iarrisburg, PA i?I i0 ? 17- ; 80-3940 $OD-342-2.397 1,!T UNfON °AC~ ~FRRIS6:;RG, rA r; iC-299G BQ~O.337.7338>~psecu.tom C_P= _ ~~` iIS CREDi? iNkilN IS FEDEP~ALLY INSURED BY THE NA7i0!JAL CREiii? t7NiDN AGf~+irdlSiRA?ION. EQUAi GPPCRTU~i?'' `c":UER. cr;rttiw-~;z~ , PSEC BRIAN H DEPEW V4TE?viDY J DEPEW 60 MILLER ST APT 3 LEMOYNE. PA 17~A3 - . .~; `; s AGT 91 N0T1CE 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. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP} may be able to help to save your home. This Notice explains haw the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-80©-342-2397. (Persons with impaired hearing can cal! {717) 780-18fi9}. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LR NOTIFICACiO'N EN ADJUNTO ES DE SUMA IMPORTANCIA; DUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. Si NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCClO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME ADDRESS LOAN ACCT. NO.: ORIGINAL LENDER_ CURRENT LENDERISERVICER BRIAN K DEPEW WENDY J DEPEW 257 WALTON ST LEMOYNE. PA 17043 L437fi5 PSECU PSECU -.~DET ~~ ~~~ ~i PLAC.C, ~~R~°;~SBJRG, ?~ ~. 71 ~ G~-2~9~ 800.~~7.?328 »psecu,com ~1R!S CREDIT;1NiDtti !S FE~ER~iLLY INSURE~i BV THE NATi~NAL CRE3i? uFiION kvfJ~iN?SFRA7i(~N E~LA~ G~FP~6T!,~NiTY iEN6_R. L. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER`S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"}, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, " IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice {plus three {3) days far mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty {30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). '>'ou have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with ane of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assis# you in submitting a complete application to the Pennsy{vania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30;! days of your face-ta-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU NAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING.. THEN TFIE LENDER WILL SE TEMPORARILY PREVENTED FROM STARTING A ~~~ ~~NION FtACc, N~.~RI<f3~RG, PA. 1'1'7-~99C0 8130.2~T.73'.t8 »pseCU.COm ._ TN'c CRED'? UNiJN ~S F=DERA! .Y lt~SURED BY' THE NAi4nNA~ C?iED! I !1tdiUt! ADh~iN15~RAT'~iV. E~ilAl OPPORTUNiT'i '_'_^!Di:R,. --uN~tC~Y-772e ~"t FORECLOSURE AGAINST YOUR P P LAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Hausing Finance Agency of its decision on your application. NOTE: IF YOU .ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE lS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (1f you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.} HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date}. NATURE OF THE DEFAULT: The MORTGAGE debt held by the above lender on your property located at: 257 WALTON STREET, LEMOYNE, PA 17043 iS SERIOUSLY iN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amo:ants are now past due: _DUE FOR June 2010 thru October 2012 -Principal = $ 5 954.58. Interest = $ 20 229.52, Escrow = $ 6 899.93 and Late Fees = ~ 1,010.52 Other charges = TOTAL AMOUNT PAST DUE = $ 34,094.55: 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 X34 094 55 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURWG THE THIRTY (30} DAY PERIOD. Payments must be made either by cash, cashier`s check, certified check or money order made payable and sent to: Pennsylvania State Employees Credit Union~PSECU~ PO Box 67013 Harrisburq+PA 17106-7013 CREf~iT '~"~,0~; Pif~CG, nARRI59Ui2G, p, ~ 71 ;°~~-2940 800.23T.T3~$ >~p~ecu.c©m --~-n-=--- -~.__ ____- - --- "HIS CREG!T UNIGN !S F£DER~L6Y ?'dSUREJ SY ~;iE NAPCNAi. CR~L~IT ~Nl~~d ADN1N!S*~;+TIO(~. E~UAC'JPPORT~JN!"i 1' I_[N(~£R. PSEC You can cure any other default by taking the following action within THIRTY (30} DAYS of the date of this letter: ` Make a payment of the total past clue amount of $ 34,094.55 to re-instate your loan, 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 mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lase 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 upon your mortgaged property. IF THE MORTGAGE 1S FORECLOSED UPON--The mortgaged property wilt 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 Attorneys' 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) DAY period, you will not be required to pay 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 martgage. 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 any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by per€orming any other requirements under the mortgage. 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 Sheriffs 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. HO\tV TO CONTACT THE LENDER: Name of Lender Pennsylvania State Employees Credt_Union_~PSECL? Address: P O Box 67013 Harrisburg, PA 1 71 06-701 3 Phone Number: 800-237-7328 X3120 Fax Number: 717-772-2273 Contact Person: Roxann Myers E-Mail Address: rmyers _psecu.com ::~~~!€ Ut~'Oi~ PUCE, F?AGR'.Sk;URG PH_ ?~, .G-2996 800.x3~.~3~8 »psecu.c~m T-E!S CREDIT U~#'tCIV =S EEDERALIY iNSLRED 6Y T`iE ~!A?IOtiAI CRfBiT UhJ10~i ADhJ~INiSTRATfGti. EQUAL GPPCRTI!~diTY L}:~dDEw, PSE( EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Safe will end your ownership of the mortgaged property and your right to occupy it. if you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may or XX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who wi11 assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are 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 INSTiTUTlON 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 THE FEDERAL BANKRUPTCY LAW. Sincerely Rox2nn Myers Account Advisor J ~~<~^~i i tJNI'~~N FLACE. N~„R3!SEI:=RG~, ?A ' ! ~ 1 G-299u' 800.'l3T.T$2$ »~52Cil.COCS`i ,45~~i=9. _~.~ -- iHlS CR£~!T Ut~~h i5 =ED=RALLY iNSURE~J BY THE PlATfOi~AL CREDiT UNiQf~ ~DR,iItdlS i RAt(flf~, i=uUAL CiPP~R?Oh'I i 1` '_i~N~~n, v HEMAP Cons m i eling Agencies CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUaMBERLAND County Advantage Credit Counseling Service/CCCS of Western PA 2000 Linglestown Road Harrisburg, PA t 7102 888-SI1-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717-232-9757 Housing Alliance of YorklY Housing Resources 290 West Market Street York. PA 17401 717-855-2752 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 PA Interfaith Community Programs Inc 40 E High atreet Gettysburg, P.A 17325 717-334-IS18 PHFA 2I 1 Norti-i Front Street Harrisburg, FA 171 ] 0 77 ?-780-3940 800-342-2397 1 ~~EOiT i!NI^FJ ~LALE, NFRRIS3'J~G, ?A 1 ?1 ~0-2940 800.23T's733$ »psecu.com ?NiS CR~D(i ii1v;CN E5 ~EDERAL~Y INSUR~U BY iH~ NATlOi~kl CRE~iIT Util4ti AGflR';N1STP,4?I%PI. E~~UAL "u•°PfiR; ElNiit LtilrilE~t. .yo1'I `~ VERIFICATION <, ,~„~.,i~'.-, - rK~S~~ hereby states that he/she is the M/ 01 `_ ~..~ , ~ .-- ~ „ ~~,t„_. __of The Pennsylvania State Employees Credit Union, plaintiff herein; that he/she is duly authorized to make this Verification on behalf of The Pennsylvania State Employees Credit Union and verifies that the statements made in the foregoing Complaint in The Pennsylvania State Employees Credit Union v. Brian H. Depew and Wendy J. Depew relating to the property located at 257 Walton Street, Lemoyne, PA 17043 are true and correct to the best of his/her information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. BY: Title: C,~, ~ ~-: ~~i" ~ ~ ..~ /V+ n r jr._, The Pennsylvania State Employees Credit Union Plaintiff Herein Dated• it~iz~r2. FORM 1 THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION PO Box 67013 Harrisburg, PA 17106-7013 Plaintiff vs. BRIAN H. DEPEW AND WENDY J. DEPEW 60 Miller Street, Apartment 3 Lemoyne, PA 17043 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. I a _15 a~ ~vi I ~ ~~ ~? :~ ~ ~~ c:s -.,,. ~ ~~' :;_ ,__ NOTICE OF RESIDENTlAt MORTGAGE FORECLOSURE ~~" spa __, DIVERSION PROGRAM -~= You have been served with a foreclosure complaint that could cause you to lose your home. ~~ ~. d -~ .~ -~. r~.? 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 COnClliatlon conference. >=first, within twenty (20j days of your receipt of this notice, you must contaci MidPenn Legal Services at (717j243-9400 extension 2510 or (800j 822-5288 extension 2510 and request appointment of a legal representative, at na charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. Quring that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative wiU prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60j days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled. you wilt have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal ran be prepared on your behalf. tf 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 (60j 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 W/SH TO SAVE YOUR HOME, YOU MUST ACT QU/CKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE, Respectfully submitted: December 13, 2012 Date Signature of Counsel f r P nti .~ ~~~ ~' u _~ , ,~ -,-, C'7 `-~ ~ ~~ ~ ~. ~, . '}a :..~; FCiRM 2 Cumberland County Resfdentla/ Mortgage Farecfosure Dfversfon Program Ffnancfal Worksheet Date _ Cumberland County Court of Common Pieas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, yaur lender must consider your circumstances to determine possible options while working with your _ -- Please provide the following information to the best of your knowledge: • i Borrower name (s}: - Praperty Address: City: -_ State: ~ Zip: _ ~_ Is the property far sale? Yes ^ No ~ Listing date: - Price: $ ~-_._.____ - Realtor Narne: -- Realtor Phane: __ __ _ Borrower Occupied: Yes ^ No Mailing Address (if different) _ __ __ _ _ __ City: - ----- -- State: ---- Zip: ~,--- -- -- Phane Numbers: Home: v_.-_ -_ Office: Cell; ----- --- Other. ----- ---- Email: # of people in household: • sr--,r -_~ --- How long? Mailing Address: _ _ -- City: State: __ Zip: _ _ Phane Numbers: Home: Office: _ __ ~ - Cell: __ - Other - ------- Email: # of people in household: How long? e First Mortgage Lender ___ -__ - - - -- -- Type of Loan: _ _- Loan Number: - Date You Closed Your Loan: _ _ Ser.and Mortgage Lender: _ Type of Loan: _ ' ----- Loan Number. _ Total Mortgage Payments Amount: $____ ~_ included Taxes and insurance: _____ _________ __ - Date of Last Payment: _ Primary Reason for Default: Is th•,e loan in Bankruptcy? Yes ~ No ~ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: $ _ Other Real Estate: $ __ Retirement Funds: $ ~ Investments: $ _ __ Checking: $ Savings: $ Other: $ _ _ Automobile #1: Model: Amount owed: Automobile #2: Model: Amount owed:: _ Other transportation (automobiles, boats, motarc Iles Year: Amount owed; Monthly Income Name of Employers 1. 2. _.-~--- - - 3. _ Additional Income Description (not wages}: 1. z. _ Borrower Pay Oays:. _ _ --- - Value $ - ---- $ -- - $ - - $ ~ _.~~ _ Year: Value: Yeae Value: y }: Model: ~~ L'alue: Monthly Gross _~ ,_ Monthly Net Monthly Gross _ Monthly Net Monthly Gross ________ Monthly Net Monthly Amount: Monthly Amount: _~ Ca-Borrower Pay Days: _ ___ _ Monthly Expenses: [Please only include expenses you are currently paving} ' EXPENSE __ _. - --- AMOUNT 'EXPENSE 'AMOUNT --- Mortgage - -- -- -- . Food - -- - - 2° Mortgage __ 'I Utilities - --- Car Payments} _ Auto Insurance ;Condo/Neigh Fees _.. i --- .._. ._ - _ _ - _ Med. (not covered) - - Auto fuel repairs Install. Loan Payment - - Child SupportJAlim. - -- - _ 'Other Prop. Payment Cable N Spending Money -- - - -- - - -- -, Day/Child CareJTuit. _ __ Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been work`ng with a Housing Counseling Agency? Yes ^ No If yes, please provide. the following information Counseling Agency: Counselor: ___ Phone (Office}: Email : Y--_------- Fax: 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? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name}: phone: 5e{vicing Company (Name Contact: Phone: I/we' --- ,authorize the above named to use/refer this information to my lender/servicer for the sale purpose of evaluating my financial situation for possible mortgage options. I/we understand that 1/we am/are under no obligation to use the services provided by the above named _ _ , Borrower Signature Borrower Signature Date Date Please forward this document along with the following information to lender and lender counsel: d Proof on income V Past 2 bank statements d Proof of any expected income for the last 45 days d Copy of a current utility bill Y Letter explaining reason for delinquency and any supporting documentation Y {hardship letter) listing agreement {if property is currently on the market) d Copy of 2 years of federal income tax returns d Copy of deed FORM 3 THE PENNSYLVANIA STATE EMPLOYEES IN THE COURT OF COMMON PLEAS OF CREDIT UNION CUMBERLAND COUNTY, PO Box 67013 PENNSYLVANIA Harrisburg, PA 17106-7013 Plaintiff vs. NO. BRIAN H. DEPEW AND WENDY J. DEPEW 60 Miller Street, Apartment 3 Lemoyne, PA 17043 Defendants REQUEST FOR CONC/t/AT/ON CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action, 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct.. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Signature of Defendant Date Date FORM 4 THE PENNSYLVANIA STATE EMPLOYEES IN 'THE COURT OF COMMON PLEAS OF CREDIT UNION CUMBERLAND COUNTY', PO Box 67013 PENNSYLVANIA Harrisburg, PA 17106-7013 Plaintiff vs. NO. BRIAN H. DEPEW AND WENDY J. DEPEW 60 Miller Street, Apartment 3 Lemoyne, PA 17043 Defendants CASE MANAGEMENT ORDER AND NOW, this day of , 20 ,the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements far the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one {21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice ko the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person ar be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/fender is not available by telephone during the Conciliation Conference, the court wilt schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shat[ be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE CQURT, 1. THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, 'THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. AFFIDAVIT OF SERVICE 30774-DW LAINTIFF- ViE PROTHOHOTAII`� P OF T The Pennsylvania State Employees Credit Union COURT OF COMMON PL%3 APR Is ?m 2'. 10 DEFENDANT Cumberland COUNTY Brian H.Depew and Wendy J.Depew COURT NO. 12-7527 Civil cUPEHHSYLVANIA LTY SERV E UPON: Brian H.Depew TYPE OFACTION 257 Walton Street Lemoyne,PA 17043 X_X WRIT OF EXECUTION and Notice of Sheriff's Sale SPECIAL INSTRUCTIONS:please serve defendant personally Sheriffs Sale Date:6151201 or adult in charge of premises �WENDY CANNOT ACCEPT SVC FOR BRIAN- SERVED Served and made known to Defendant, on the day of 200 at o'clock, M., at Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. —ManagerICIerk of place of lodging in which Adult family member with whom Defendant resides. Defendant resides, Relationship is —Agent or person in charge of Defendant's office Adult in charge of Defendant's realdence who or usual place of business, refused Other to give nametrelationship, (- Description: Age_ Height— Weight Race Sex Other a competent adult,being duly sworn according to law,depose and state that I personally handed to a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriff's Sale issued in the captioned case on the date and at the address indicated above. Swom to and subscribed before me this_day of 20_ Notary- y: NOT SFRVE--L) On the o'clock M.,Defendant NOT FOUND because: Moved Unknown No Answer Vacant Time of Attempt: I Result: Date of Attemot.- Sworn to and subscn ed before mt:. d of Notary-, By-, ATTORNEY Martha E,Von Rosenstiel,P.C. 649 South Avenue,Unit 6 Secane.PA 19018 IA413 Y"' 610-328-2887 K G cURTY ID#2295304 NOTARY PUBLIC STATE OF NEW JERSEY SCAN NCLE D My COMMISsion Expires March 7,2018 MAR 2 9 2013 IM rrl 307=CNt' S: AFFIDAVIT OF SERVICE 5E�o �;Q —0 M PLAINTIFF: The Pennsylvania State Employees Credit UnionC7 ..p O DEFENDANT COURT OF COMMON PLEAS C7 Brian H.Depew and Wendy J.Depew Cumberland COUNTY =fl iV O t z COURT NO. 12-7527 Civil D --cam SERVE UPON: TYPE OF ACTION O Wendy J.Depew XX WRIT OF EXECUTION 60 Miller Street,Apt.3 Lemoyne,PA 17043 SPECIAL INSTRUCTIONS: Sale Date:June 05,2013 **BRIAN CANNOT ACCEPT SVC FOR WENDY** SERVED Served and made known to Defendant, on the _ day of 120 at o'clock, . M., at Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Manager/Clerk of place of lodging in which Adult family member with whom Defendant resides. Defendant resides. Relationship is Agent or person in charge of Defendant's office Adult in charge of Defendant's residence who refused or usual place of business. to give name/relationship. Other Description: Age Height Weight Race Sex Other I, a competent adult, being duly sworn according to law,depose and state that I personally handed to a true and correct copy of the WRIT OF EXECUTION issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 20 Notary: By: > ( 2NOT SERVED On the / day of A�c'r`' 20 7,at L/ o'clock . M., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Date of Attempt: Time of Attempt: Result: Sworn to and subscribed before me this 7 p of AVE 2 2 101? Notary: By: ATTO NEY Martha E.Von Rosenstiel, P.C. 649 South Avenue, Unit 7 • Secane, PA 19018 • 610-328-2887 KIMBERLY G CURTY ID#2295304 NOTOY PUBLIC STATEZ-F NEW JERSEY My Commission Expires March 7, 2016 Process Server Check List If Service Is Made : Spouses Names if Applicable wife Husband: Divorced: Yes { } No { } No Service Made 1 . Vacant : Yes ( ) No {. } 2 . Is there a name on the mailbox? Is it the defendants? vJ 3 . Neighbor Contact : Yes { } No { ). Left Side : Right Side : 4 . For Sale Sian: Yes ( } No ( � } Realtor Name : Company Name : Phone Number: 5 . Car in Drive Way Yes { ) No Plate Number: C-) 974-DN AFFIDAVIT OF SERVICE PLAINTIFF: ZIP The Pennsylvania State Employees Credit Union -10 rr-; rpo COURT OF COMMON PLEAS - — DEFENDANT Cumberland COUNTY Brian H.Depew and Wendy J.Depew COURT NO. 12-7527 Civil 3'%t•7 CD SERVE UPON: C= Brian H.Depew 3>:z TYPEOFACTION ­4 V�l 60 Miller Street Apartment 3 Lemoyne,PA 17043 XX WRIT OF EXECUTION and Notice of Sheriffs Sale SPECIAL INSTRUCTIONS.please serve defendant personally or adult in charge of premises Sheriffs'Sale Date:6/5/2013 -WENDY CANNOT ACCEPT SVC FOR BRIAN— SERVED Served and made known to Defendant, on the day of 200 at o'clock, X­ at Commonwealth of Pennsylvania, in the manner described below, Defendant personally served. Manager/Clerk of place of lodging in which Adult family member with whom Defendant resides. Defendant resides. Relationship is Agent or person in charge of Defendant's office Adult in char _qe of Defendant's residence who or usual place of business, refused Other to give name/relationship. Description: Age_ Height—. Weight Race Sex Other 1, ,a competent adult,being duly sworn according to law,depose and state that 1 personally handed to a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriffs Sale issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ­20 Notary, By: NOT SERVED f e) "I. at - ol? On the day of 2 , O'clock W,Defendant NOT FOUND because:• Moved Unknown No Answer Vacant Time of Attempt: I Result: Date of Attempt: Sworn to and subscribed before me this 71, day Of 20" Notary: By: WellY ATTORNEY Martha E.Von Rosenstiel,P.C. :ts 649 South Avenue,Unit 6 Secane,PA 19018 KIMBERLY G C:URTY 610-328-2887 ID#2295304 IC NOTARY PUBLIC RS STATE OF NEW JERSEY My Commission Expires March 7,20]186' - - - - - - - - - - - - - - 30774-DN AFFIDAVIT OF SERVICE PLAINTIFF: =rn rn,33 2, 3 The Pennsylvania State Employees Credit Union I rn COURT OF COMMON PLEAS =r— DEFENDANT Cumberland COUNTY U) C:) ,):> tn COURT NO. 12-7527 Civil C:) Brian H.Depew and Wendy J.Depew =—n C3—ri 3,p!3 =— C;) SERVE UPON: WendyJ.Depew TYPEOFACTION D N 257 Walton Street 4 Lemoyne,PA 17043 XX WRIT OF EXECUTION and Notice of Sheriffs Sale SPECIAL INSTRUCTIONS:please serve defendant personally Sheriffs Sale Date:61512013 or adult in charge of premises —BRIAN CANNOT ACCEPT SERVICE FOR WENDY- SERVED Served and made known to Defendant, on the day of 200 at o'clock, M., at Commonwealth of Pennsylvania, in the manner described below: i—^ Defendant personally served. Manager/Clerk of place of lodging in which Adult family member with whom Defendant resides. Defendant resides. Relationship is Agent or person in charge of Defendants office Adult in charge of Defendant's residence who or usual place of business, refused Other to give name/relationship. Description: Age______. Height-___Weight Race Sex—Other I,--- ,a competent adult,being duly sworn according to law,depose and state that I personally handed to a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriff's Sale issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this_day of .20—, Notary: By: NOT SERVED 1r) 1 • On the jg?L-- dayof Wacrj�� '20 k�,at 3'50 o'clock M­Defendant NOT FOUND because: Moved Unknown No Answer Vacant Time of Attempt: Result: Date of Attempt: F Sworn to and subscribed before me thl day Of 201-3 Notary: By: ATTORNEY Martha E.Von Rosenstiel,P.C. 649 South Avenue,Unit 6 Secane,PA 19018 KIMBERLY G CURTY 610-328.2887 ID#2295304 NOTARY PUBLIC STATE OF NEW JERSEY My Co mriission Expires March 7,20181 #30774-CMS-MS MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff THE PENNSYLVANIA STATE COURT OF COMMON PLEAS EMPLOYEES CREDIT UNION CUMBERLAND COUNTY Mex; . z m Plaintiff � C VS. No: 12-7527 Civil _xc , z� C TC) BRIAN H. DEPEW AND WENDY J. DEPEW Defendants MOTION FOR SPECIAL SERVICE Movant, by its counsel, Heather Riloff, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale and all subsequent notices upon the above captioned Defendant, Brian H. Depew by regular mail and certified mail to the Defendant's last known address, 60 Miller Street, Apartment 3, Lemoyne, PA 17043 and by posting of the premises located at 257 Walton Street, Lemoyne, PA 17043 (hereinafter"Subject Premises") and in support thereof avers the following: 1. The Plaintiff filed its Complaint in Mortgage Foreclosure against Brian H. Depew and Wendy J. Depew on or about December 17, 2012, for the Defendants' failure to make monthly mortgage payments due June 01, 2010. 2. On or about February 25, 2013 judgment was entered against Brian H. Depew and Wendy J. Depew and in favor of The Pennsylvania State Employees Credit Union. 3. On or about February 25, 2013, a writ of execution was issued listing the Subject Premises for the June 5, 2013, Cumberland County Sheriff's Sale. 4. Plaintiff has been unable to serve the Notice of Sale upon Defendant, Brian H. Depew at Subject Premises and last known address, 60 Miller Street, Apartment 3, Lemoyne, PA 17043. The Process Server's Affidavit of Service is attached hereto made part hereof and marked as Exhibit A. 5. Pursuant to Pennsylvania Rules of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant, Brian H. Depew. 6. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefore is attached hereto made part hereof and marked as Exhibit B. 7. Plaintiff alleges that a judge has not ruled on any other motion in this action. 8. The concurrence of any opposing counsel of record was sought and the response of said counsel; provided, that this requirement shall not apply to preliminary objections, motions for judgment on pleadings, motions for summary judgment, petitions to open or strike judgments, and motions for post-trial relief. WHEREFORE, as Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale and all subsequent notices by certified and regular mail to the Defendant(s)' and by posting of the Subject Premises. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Ros ns el, Esquire Heather Riloff, Esq Attorneys for Plaintiff. Date: April 26, 2013 VERIFICATION HEATHER RILOFF, ESQUIRE, of full age, being duly sworn according to law deposes and says that she is the attorney for the Plaintiff in the foregoing action; that she is duly authorized to make this verification on behalf of the Plaintiff; that she is fully familiar with the facts in this matter; and that the statements made in the foregoing Motion for Special Service are true and correct to the best of her information and belief. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. MARTHA E. VON ROSENSTIEL, P.C. BY: r.- Martha E. Von Ros nst 1, Esquire Heather Riloff, Esq Attorneys for Plaintiff Dated: April 26, 2013 L0774-DN C*) AFFIDAVIT OF SERVICE � Q PLAINTIFF: rTt-- The Pennsylvania State Employees Credit Union y fz t M ..� r.. COURT OF COMMON I'LL. S �Z i DI F'E^ 'T Cumbcriand COUNTY C=; COURT NO. 12-7527 Civil --IrJ Brian H. Depew and Wendy J.Depew b C:+ -=Z G '17 .,,t.t Z� N SERVE UPON: Brian H.Depew TYPE OF ACTION _Z; N D 287 Walton Street XX WRIT OF EXECUTION and Notice of Sheriffs Sale .� Lemoyne, PA 17043 SPECIAL INSTRUCTIONS:please serve defendant personally Sheriffs Sale Date:61512013 or adult in charge of premises —WENDY CANNOT ACCEPT SVC FOR BRIAN" SERVED Served and made known to Defendant, on the day of 200 at o'clock, +f., at Commonwealth of Penns lvania, in the manner described below: Defendant personally served. _Manager/Clerk of place of lodging in which Adult family member with whom Defendant resides. Defendant resides. Relationship is _ — Agent or person in charge of Defendant's office Adult in charge of Defendant's residence who or usual place of business. refused Other j to qive nameirelationshi .....-------.._._................-- ---- Description: Age Height Weight Race Sex Other a competent adult, being duly swom according to law,depose and state that I personally handed to :_--------- __ a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriffs Sale Issued in the captioned case on the dale and at the address indicated above. Sworn to-^mo subscribed . Before me this_ day of 20_ Notary: By: - -- nA day of 20at o'clock_ .M-,Defendant?JO?FOUND because: Movud unknown -No Answer Vacant -- -- ----- ---� is Time of Attempt: 1 Result: l i , '.'are of Aki!emov , • -i- r ,;r,r•.'x:50...,a ------'--- __"_-". - :)-fore me this 1 �—_ d Notary: c By: _ A - — ATTORNEY Martha E.Von Rosenstiel,P.C. 649 South Avenue,Unit 6 Secane,PA 19018 610.328.2887 KIA48ERLY G CURTY ID#2295304 NOTARY PUBLIC SCANNED STATE OF NEW JERSEY My Comni(ssion Expires March 7, 2018 MAR 2 9 2013 3077 4-DN AFFIDAVIT OF SERVICE PLAINTIFF: The Pennsylvania State Employees Credit Union COURT OF COMMON PLEAS DEFENDANT Cumberland COUNTY A^CAdm)P Brian H. Depew and Wendy J.Depew COURT NO. 12-7527 Civil Y r= SERVE UPON: MCD 3:- Brian H. Depew TYPE OF ACTION =M -0 60 Miller Street,Apartment 3 = = 1-.1 Lemoyne,PA 17043 XX WRIT OF EXECUTION and Notice'.of Sheriffs Sgr— :O= -<> C:) r SPECIAL INSTRUCTIONS:please serve defendant personally Sheriffs Sale Date:6/512013 z= 1= or adult in charge of premises >C-3 6 ­NENDY CANNOT ACCEPT SVC FOR BRIAN** = r-3 > ­ ---il , SERVED ­4 > Served and made known to Defendant, on the day of 2 'Zit; o'clock, X., at Commonwealth of Pennsylvan described below. Defendant personally served. Manager/Clerk of place of lodging in which Adult family member with whom Defendant resides. Defendant resides. Relationship is —.1 —Agent or person in charge of Defendant's office Adult: in charge of Defendant's residence who or usual place of business. refused Other to give narneirelationship. Description: Age__,_..._.._ Height__ Weight----,,----. Race Sex­Other i. a competent adult,being duly sworn according to law.depose and state that I personally handed toM a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriffs Sale issued in the caplioned case on the date and at the address indicated above. Sworn to and subscribed before me this_day of 20 Notary: By: NOTSERVED q.- c,or. Or,the !z dayofrn6rc 201 S', I MI.,Defendant NOT POUND because: mc•ed 'inknovm No.Answer vzicafit Time of Attempt: i Result: Dale of n::erupt: Sn/orr,to and subscribed )efr�re mie "a ly f Notary*. By, Su t-tAc(Al Po ov-�, ATTORNEY Martha E.Von Rosenstiel,P.C. 649 South Avenue,Unit 6 - a - - - - - - - - Secane,PA 19058 TIAB�RLY G CURTY 610.328-2887 ID#2295304 NOTARY PUBLIC STATE OF NEW JERSEY My Commission Expires March 7,2018 - - - - —----- LARRY DEL VECCHIO PROCESS SERVER FOR MARTHA E.VON ROSENSTIEL,P.C. P.O.BOX 344 CHALFONT,PA 18914 (215)491-4469 (215)491-4473 FAX The Pennsylvania State Employees Credit Union COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. BRIAN H.DEPEW NO. 12-7527 CIVIL WENDY J.DEPEW LAST KNOWN ADDRESS: 257 Walton St.,Lemoyne,Pa 17043 FILE NUMBER:30774 AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT(S) I hereby certify that on April 11,2013,a good faith effort was made to discover the correct address of said defendant(s),by: 1. Inquiry of Postal authority; Postal authority states Brian's current address is 60 Miller St.,Apt.B3,Lemoyne,PA 17043; Wendy has no change of address from 503 S.3°d St.,Lemoyne,PA 17043 2. Examination of local telephone directories,411 assistance and Internet records; Wendy J.Depew,257 Walton St.,(717)564-8061,disconnected 3. Neighbor Contacts: Arthur Metzger,60 Miller St.,(717)737-1874,left messages with no response Zelda Bruce,60 Miller St.,(717)737-3619,left messages with no response R.Mitrovic,60 Miller St.,(717)761-3101,left messages with no response Mark Dorward,505 S.3rd St.,(717)770-1997,left messages with no response Sharon Pelly,504 S.3'd St.,(717)774-0224,no answer,several attempts 4. Tax Information: Tax office has mailing address same as property,257 Walton St. 5. Death Records: Social Security has no death records for defendant(s)name(s). 6. Voter Registration: Defendants are registered at property,257 Walton St. I certify that this information is true and correct to the best of my knowledge,information and belief. NOTARY PUBLIC: BY: Sworn to and described Larry Del Vecchio,Process Server before me this a j�� day of L �' 2013. COMMONWEALTH OF PENNSYLVANIA NOTARY SEAL DAWN M.LUCIOTTI Warrington Twp..Bucks County My Commission Expires March 20,2015 —,,,rHIBIT LARRY DEL VECCHIO PROCESS SERVER FOR MARTHA E.VON ROSENSTIEL, P.C. P.O.BOX 344 (215)4914469 CHALFONT, PA 18914 FAX(215)491-4473 April 11,2013 Postmaster Lemoyne,PA 17043 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address(if a boxholder)for the following: Name: Brian H. Depew Address: 257 Walton St. Lemoyne, PA 17043 The following information is provided in accordance with 39 CFR 265.6(d)(4)(ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6(d)(1)and(2)and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process(not required when requester is an attorney or a party acting Pro Se-except a corporation acting Pro Se must cite statute: Process Server for Martha E.Von Rosenstiel,P.C. (Rule 400.l.b) 3. The names of all known parties to this litigation: The Pennsylvania State Employees Credit Union v. Brian H. Depew& Wendy J. Depew 4. The court in which the case has been or will be heard: Cumberland County,PA,Court of Common Pleas 5. The docket or other identifying number if one has been assigned: 12-7527 civil 6. The capacity in which this individual is to be served: Defendants) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO$10,000.00 OR IMPRISONMENT OR(2)TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMRATION OF NOT MORE THAN 5 YEARS,OR BOTH(TITLE 18 U.S.C.SECTION 1001). I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION. P.O.Box 344 LARRY DEL VECCHIO Chalfont.PA. 18914 For Martha E.Von Rosenstiel,P.C. FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE � .\-L R4 a�j POST MARK Q/ 0 NEW ADD S OR BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS: 8_3 � 3 I s The MOS4- C,urrenf 0ddre5S wu\"Z':_ SP huiv,( a14Glogi, fh&-e, fi Ire. been w1ult-1plea #10 VAS I 11-62hx)&n 4& VJW to n Sf- + M i 1 St Otddj rS5¢S . LARRY DEL VECCHIO PROCESS SERVER FOR MARTHA E.VON ROSENSTIEL,P.C. P.O.BOX 344 (215)491-4469 CHALFONT,PA 18914 FAX(215)491-4473 April 11,2013 Postmaster Lemoyne,PA 17043 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address(if a boxholder)for the following: Name: Brian H. Depew Address: 60 Miller St., #3 Lemoyne,PA 17043 The following information is provided in accordance with 39 CFR 265.6(d)(4)(ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6(d)(1)and(2)and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process(not required when requester is an attorney or a party acting Pro Se-except a corporation acting Pro Se must cite statute: Process Server for Martha E.Von Rosenstiel,P.C. (Rule 400.Lb) 3. The names of all known parties to this litigation: The Pennsylvania State Employees Credit Union v. Brian H. Depew& Wendy J. Depew 4. The court in which the case has been or will be heard: Cumberland County,PA,Court of Common Pleas 5. The docket or other identifying number if one has been assigned: 12-7527 civil 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPPCTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO$10,000.00 OR INPRISONMENT OR(2)TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMRATION OF NOT MORE THAN 5 YEARS,OR BOTH(TITLE 18 U.S.C.SECTION 1001). 1 CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION. P.O.Box 344 LARRY DEL VECCHIO Chalfont,PA.18914 For Martha E.Von Rosenstiel,P.C. FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE �T POST MARK U 13 NEW ADDRESSOR BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS: #30774-CMS-MS MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff THE PENNSYLVANIA STATE COURT OF COMMON PLEAS EMPLOYEES CREDIT UNION CUMBERLAND COUNTY Plaintiff VS. No: 12-7527 Civil BRIAN H. DEPEW AND WENDY J. DEPEW Defendants BRIEF IN SUPPORT OF ITS MOTION FOR SPECIAL SERVICE Movant, by its counsel, Heather Riloff, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale and all subsequent notices upon the above captioned Defendant, Brian H. Depew by regular mail and certified mail to the Defendant's last known address, 60 Miller Street, Apartment 3, Lemoyne, PA 17043 and by posting of the premises located at 257 Walton Street, Lemoyne, PA 17043 (hereinafter"Subject Premises") and in support thereof avers the following: I. FACTS The Plaintiff filed its Complaint in Mort gage Foreclosure against Brian H. Depew and Wendy J. Depew on or about December 17, 2012, for the Defendants' failure to make monthly mortgage payments due June 01, 2010. On or about February 25, 2013 judgment was entered against Brian H. Depew and Wendy J. Depew and in favor of the The Pennsylvania State Employees Credit Union. On or about February 25, 2013, a writ of execution was issued listing the Subject Premises for the June 5, 2013, Cumberland County Sheriff's Sale. II. ARGUMENT Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. The Court in Romeo v. Looks, 369 Pa. Super 608 (1982) stated that "Before resort to substituted service may be had, however, a plaintiff must have demonstrated a good faith effort to locate the defendant through more direct means." An illustration of good faith effort to locate the Defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examination of local telephone directories, voter registration records, local tax records, and motor vehicle records. Kittanning Coal Co., Inc. v. International Mining Co.,Inc. 551 F. Supp. 834 (1982), Romeo v. Looks, 369 Pa. Super 608 (1987). As set forth in the Process Server's Affidavit of Service, marked Exhibit A, the Process Server has been unable to serve the Notice of Sale after several attempts. A good faith effort to discover the whereabouts of the defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation marked Exhibit B. The Plaintiff submits that it has made a good faith effort to locate and serve the Defendant(s) and has been unable to do so. WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale and all subsequent notices by certified and regular mail and by posting of the Subject Premises by the Sheriff. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Rose ti , Esquire Heather Riloff, Esqui Attorneys for Plaintiff Date: April 26, 2013 #30774-CMS-MS MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff THE PENNSYLVANIA STATE COURT OF COMMON PLEAS EMPLOYEES CREDIT UNION CUMBERLAND COUNTY Plaintiff VS. No: 12-7527 Civil BRIAN H. DEPEW AND WENDY J. DEPEW Defendants CERTIFICATE OF SERVICE Heather Riloff, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Motion for Special Service,brief in support thereof, attached exhibits, notice of presentation and proposed order in the above matter was made upon the following: Brian H. Depew 257 Walton Street, Lemoyne, PA 17043 60 Miller Street, Apartment 3, Lemoyne, PA 17043 and Wendy J. Depew 503 S. 3rd St., Lemoyne, PA 17043 by regular first class mail, postage prepaid, deposited with the United States Postal Service on 4/26/2013. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. MARTHA E. VON ROSENSTIEL, P.C. BY: 4�—) / // artha E. Von Rosen ie squire Heather Riloff, Esquir Attorneys for Plaintiff Dated: April 26, 2013 30774CNC-MS AFFIDAVIT OF SERVICE PLAINTIFF: The Pennsylvania State Employees Credit Union (7) DEFENDANT COURT OF COMMON PLEAS C cta T+ Brian H.Depew and Wendy J.Depew Cumberland COUNTY -OZ C...* --i COURT NO. 12-7527 Civil rn 2 s+* f=--n SERVE UPON: TYPE OF ACTION r-' Brian H.Depew XX WRIT OF EXECUTION <: �a' 503 S.3rd St. �--icf) Lemoyne,PA 17043 SPECIAL INSTRUCTIONS:"WENDY CAN NOT ACCEPT Sale Date:June 05,2013 W 1 1'l SERVICE FOR BRIAN"* ""] „rz• SERVED Served and made known to Defendant, on the __._ day of 20 o'clock, . M., at Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Manager/Clerk of place of lodging in which Adult family member with whom Defendant resides. Defendant resides. Relationship is Agent or person in charge of Defendant's office Adult in charge of Defendant's residence who refused or usual place of business. to give name/relationship. Other Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that 1 personally handed to a true and correct copy of the WRIT OF EXECUTION issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 20 Notary: By: 1 � NOT SERVED 1H�1 On the ` day of `' v`U , 20__L3_,at o'clock-i—. M., Defendant NOT FOUND because: IMoved Unknown No Answer Vacant Date of Attempt: Time of Attempt: Result: Sworn to and sub abed before me this d Of 2007 Notary: By: AT ORNEY Martha E.Von Rosenstiel, P.C. 649-South Avenue, Unit 7 • Secane, PA 19018 • 610-328-2887 KIMBERLY G CURTY ID #2295304 NOTARY PUBl.IC STATE OF NEW JERSEY I�Ay Commission Expires March 7, 2018 AFFIDAVIT OF SERVICE 30774CNC-MS PLAINTIFF: The Pennsylvania State Employees Credit Union DEFENDANT COURT OF COMMON PLEAS ' Brian H.Depew and Wendy J.Depew Cumberland COUNTY . COURT NO. 12-7527 Civil 1Yt �"� Ttit� SERVE UPON: TYPE OF ACTION Wendy J.Depew XX WRIT OF EXECUTION + «t Q? 503 S.3rd St. Lemoyne,PA 17043 -36 = C:) SPECIAL INSTRUCTIONS:_"*BRIAN CAN NOT ACCEPT Sale Date:June 05,2013 SERVICE FOR WENDY— SERVED / Served and made known to wrc Defendant, on the �day of � 20 at o'clock, . M., at et;U SS Jrzj Sk Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Manager/Clerk of place of lodging in which Adult family member with whom Defendant resides. Defendant resides. Relationship is Agent or person in charge of Defendant's office Adult in charge of Defendant's residence who refused or usual place of business. to give name/relationship. Other Description: Age '2Q Height' Weight y 5 Race VikOW Sex _Other I, a competent adult,being duly sworn according to law, depose and state that I personally handed to a true and correct copy of the WRIT OF EXECUTION issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of AN L 20 Notary: By: NOT SERVED On the day of 20 ,at o'clock . M., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Date of Attempt: Time of Attempt: Result: Sworn to and subscribed before me this day of 200_. Notary: By: ATTORNEY ha E.Von Rosenstiel, P.C. 9 MBE8LY60 IAT4�venu Unit 7 • Secane, PA 19018 . 610-328-2887 ID # 2295304 P1OTARY PUBLIC STATE OF NEW JERSEY k4 CornmiSSion Expires March 7, 2018 THE PENNSYLVANIA STATE IN THE COURT OF COMMON PLEAS OF EMPLOYEES CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V., CIVIL ACTION—LAW BRIAN H. DEPEW and WENDY J. DEPEW, Defendants NO. 12-7527 CIVIL TERM IN RE: MOTION FOR SPECIAL SERVICE ORDER OF COURT AND NOW, this 2nd day of May, 2013, upon consideration of Plaintiff's Motion for Special Service, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Christy ee L. Peck, J. Martha E. Von Rosenstiel, Esq. Heather Riloff, Esq. 649 South Avenue Suite 7 Secane, PA 19018 Attorneys for Plaintiff /Brian H. Depew /�., c 257 Walton Street Lemoyne, PA 17043 v and /60 Miller Street, apt. 3 Q ' Lemoyne, PA 17043 Defendant, pro SeL ,Wendy J. Depew 503 S. 3 rd Street Lemoyne, PA 17043 at MARTHA E. VON ROSENSTIEL, P.C. N a Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 C:) 649 South Avenue, Suite 7 =CD . Secane, PA 19018 T (610) 328-2887 Attorneys for Plaintiff THE PENNSYLVANIA STATE COURT OF COMMON PLEAS EMPLOYEES CREDIT UNION CUMBERLAND COUNTY Plaintiff vs. Case No: 12-7527 Civil BRIAN H. DEPEW AND WENDY J. DEPEW Defendants MOTION TO MAKE RULE ABSOLUTE 1. On or about April 26, 2013, a Petition for Alternate Service of Notice of Sale together with a Rule to Show Cause why said Petition should not be granted was filed by counsel for The Pennsylvania State Employees Credit Union, Heather Riloff, Esquire and served upon all parties. 2. Pursuant to said Petition, a Rule was entered on May 2, 2013, Returnable on May 22, 2013 by the Court of Common Please of Cumberland County. 3. Said Rule was served upon all counsel and unrepresented parties via first class mail by letter dated May 3, 2013. 4 To date, no party has filed a response or interposed any objection to the Petition. i WHEREFORE, The Pennsylvania State Employees Credit Union and its counsel, Heather Riloff, Esquire, respectfully request this Honorable Court to enter an Order making the Rule Absolute and granting leave to complete service of Notice of Sale and all subsequent notices by certified mail and regular, first class mail and by posting Subject Premises. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Rose s 'el, E quire Heather Riloff, Esquire Attorneys for Plaintiff VERIFICATION Heather Riloff, Esquire hereby states that she is the attorney for the Plaintiff, The Pennsylvania State Employees Credit Union, and verifies that the statements made in the foregoing pleading are true and correct to the best of her information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Rose Jel, -squire Heather Riloff, Esqui Attorneys for Plaintiff Dated: June 19, 2013 i" 30774- CSV MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff COURT OF COMMON PLEAS THE PENNSYLVANIA STATE CUMBERLAND COUNTY EMPLOYEES CREDIT UNION Plaintiff vs. BRIAN H. DEPEW AND WENDY J. Case No: 12-7527 Civil DEPEW Defendant(s) CERTIFICATION OF SERVICE Heather Riloff, Esquire, hereby certifies that she is the attorney for the plaintiff herein and that service of the Motion to Make Rule Absolute and Order Making Rule Absolute in the above matter was made on the Defendant(s) Brian H. Depew and Wendy J. Depew, by regular first class mail, postage prepaid on June 20, 2013 at 60 Miller Street, Apartment 3, Lemoyne, PA 17043 and 503 S. 3rd St., Lemoyne, PA 17043. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. V os stiel, Esquire Heather Rilo sq re Attorneys for Pla' iff DATED: June 19, 2013 Ilk°Mtn THE PENNSYLVANIA STATE ;, u�;'j 'a J EMPLOYEES CREDIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS v. OF THE NINTH JUDICIAL DISTRICT BRIAN H. DEPEW AND WENDY J. DEPEW, 47 75027 Defendants 2O42---22P Civil Term IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 8th day of July 2013, upon consideration of the Plaintiff's Motion to Make Rule Absolute, and it appearing that Defendants have failed to file a response to the Rule issued on 2 May 2013 directing Defendants to file such a response, Plaintiff's motion is GRANTED. Plaintiff is permitted to obtain service on Brian H. Depew by mailing a true and correct copy of the Notice of Sale and all subsequent notices by certified mail and regular, first class mail at the last known address of 60 Miller Street, Apartment 3, Lemoyne, PA 17043 and by posting on the premises of 257 Walton Street, Lemoyne, PA 17043. :Y THE COURT, Thor a A. Placey C.P.J. Distribution: % rtha E. Von Rosenstiel, Esq. rti eather Riloff, Esq. r.„ _ Brian H. Depew v `, 'r — , —Wendy J. Depew c C'` Copies 02, itc.cL. 7/8// co • 430774CAM-MS MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 c-, Attorneys for Plaintiff THE PENNSYLVANIA STATE COURT OF COMMON PLEAS EMPLOYEES CREDIT UNION CUMBERLAND COUNTY Plaintiffrcr r VS. �c: , BRIAN H. DEPEW AND WENDY J. NO: 12-7527 CIVIL DEPEW Defendant(s) SUPPLEMENTAL AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, hereby verifies that on July 16, 2013, mailings of true and correct copies of the Notice of Sheriff's Sale were served upon defendant: BRIAN H. DEPEW pursuant to Court Order dated July 8, 2013. Proofs of mailings are attached hereto as Exhibit I. I verify that the statements made in this affidavit are true and correct upon 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. Respectfully Submitted, MART E.VON ROSENSTIEL,P.C. artha E.Von Rosenstiel,Esquire Heather Riloff,Esquire Attorneys for Plaintiff Dated: July 16, 2013 THE PENNSYLVANIA STATE of EMPLOYEES CREDIT UNION, 2t Plaintiff IN THE COURT OF COMMON PLEAS V. OF THE NINTH JUDICIAL DISTRICT BRIAN H. DEPEW AND WENDY J. DEPEW, /01- 7-5,27 Defendants -20+2-4W Civil Term IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 81h day of July 2013, upon consideration of the Plaintiffs Motion to Make Rule Absolute, and it appearing that Defendants have failed to file a response to the Rule issued on 2 May 2013 directing Defendants to file such a response, Plaintiff's motion is GRANTED. Plaintiff is permitted to obtain service on Brian H. Depew by mailing a true and correct copy of the Notice of Sale and all subsequent notices by certified mail and regular, first class mail at the last known address of 60 Miller Street,Apartment 3, Lemoyne, PA 17043 and by posting on the premises of 257 Walton Street, Lemoyne, PA 17043. Y THE COURT, Tho InA A. Placey C.P.J. Distribution: ha E. Von Rosenstiel, Esq. -0Z CD eather Riloff, Esq. ern rn _,,--Brian H. Depew 67, _,-Wendy J. Depew 1/8 r./2 Postal CERTIFIED MAIL.-RECEIPT C3 i (Domestic Mail Only;Wo hisurance Coverage Provided) ..D �0,FFFes 'C�9 t rl -- 4 M W.4f; Jilt 0 Postage $ f S O Certified Fee 3.10 1 .}f/�y� a n Postmflt�al, e) O Return Receipt Fee C3 (Endorsement Requlred) $2.55 s�0 Hef�I J � C3 (Endorsement Required) 111.1)0 UHF, PA A9�, 111 Q' Total Postage&Fees $ b.11 07/16/2013'42— ti CZ- t„ Sepees ier-Sfireet,-�kpa -- -- - - ----------------- -------- - 00 August 2006 i U.S POSTAL SERVICE CERTIFICATE OF MAILING_.,-Po,rA ix fee here in stamps MAY BE I1SED FOR DOW5TIC AND T?MRNATIONAL MAIL,DOES NOT- 4Qr mctr:r postage and PROVIDE FOR MSURANCE—POSTMASTER "� � fi�•f -.-posl.mark: lnquire:of �, �' n %Postmaster-for-brnent Received From: 'i! i '--fces P9TWcV esesrra.S MARTHA VON R '} x��: 02 1P N 001,200 OSENSI:E'L P C M, ,•1• ; •• 0001738253' JUL 16 2013 649 SOUTH.AVENIJE� PMA1LED 1=R0M ZIP(',0D 1X3018 UNIT 7 SECANE, PA 19018 One pie of ordinary mail addressed to: Brian H. Depew -7-7--BU Miller Street, Apartm a \`` j emo ne PA 17043 9 F\ 1'S Form 3817, Mar.!989 �'• 1. i OF THE PROTHONOTAW� N13 AUG 29 ?" ?072 CNC-MS AFFIDAVIT OF SERVICE AA ry t y PLAINTIFF: CVMN.ERLKNU COUNT E The Pennsylvania State Employees Credit Union PENNSYLVANIA LVANIA DEFENDANT COURT OF COMMON PLEAS Brian H.Depew and Wendy J.Depew Cumberland COUNTY COURT NO. 12-7527 Civil SERVE UPON: TYPE OF ACTION Brian H.Depew XX NOTICE OF SALE 257 Walton Street Lemoyne,PA 17043 SPECIAL INSTRUCTIONS:POST PER COURT ORDER Sale Date:September 04,2013 SERVED Served and made known to %tLl+ 'H I I i Defendant, on the 4 day of 20 13, at S o'clock,1. M., at 2 WA-10114 S , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Manager/Clerk of place of lodging in which Adult family member with whom Defendant resides. Defendant resides. Relationship is Agent or person in charge of Defendant's office Adult in charge of Defendant's residence who refused or usual place f business. to qive name/relationship._ Other T Description: Age Height Weight Race Sex Other l' VkAie'&" ,a competent adult, being duly sworn according to law,depose and state that I personally handed to a true and correct copy of the NOTICE OF SALE issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KELLY[V INA,tI!C before me this 2 day of .��,, 20�, � NOTARY PUBLIC Not _ ,. ! � STATE OF NEW JERSEY rY By' r IONF ARESJULY31,2014 NOT SERVED On the day of 20_,at o'clock .M.,Defendant NOT FOUND because: Moved Unknown No Answer Vacant Date of Attempt: Time of Attempt: Result: Sworn to and subscribed before me this day of 20— Notary: By: ATTORNEY Martha E.Von Rosenstiel, P.C. 649 South Avenue, Unit 7•Secane,PA 19018•610-328-2887 „,SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff "ON tit at trWi n Jody S Smith —a-- �^ --4 Chief Deputy rn rn i” Richard W Stewart ter , r) Solicitor QFFICE OF THE SHERIFF � CYO C) L.3('17 . The Pennsylvania State Employees Credit Union Case !slumber vs. Brian Depew (et al.) 2012-7527 SHERIFF'S RETURN OF SERVICE 03/21/2013 02:40 PM -Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 257 Walton St., Lemoyne Boro., Lemoyne, PA 17043, Cumberland County. 06/04/2013 As directed by Martha E. Von Rosenstiel, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/7/2013 07/12/2013 As directed by Martha E. Von Rosenstiel, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/4/2013 09/05/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Martha Von Rosensteil, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,218.30 SO ANSWERS, October 03, 2013 RONR ANDERSON, SHERIFF 4/ dei tof 433 >s.- re)CountySuite Sheriff.Telecsoft,Irc.