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HomeMy WebLinkAbout13-0208 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, NATIONAL ASSOCIATION, Plaintiff, vs. Edward E. Spahr; Wendy L. Spahr; Defendants. TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WRHIN TWENTY {20) DAYS FROM SERVICE HEREOF ORA DEFAULTJUDGMENT MAY BE ENTERED AGAINST YOU. r~3 c-~ CIVIL DIVISION ~ .,_, `"' ~- -II -„ r~- ~.,, ~ -~ :.~ -~ No.: 1 ~- a0 ~ Uri ~ ~ ,,,. a C ~~, vs r- - =~~ .~~ c3 TYPE OF PLEADING r-' ~ ~ Dn ~ a CIVIL ACTION -COMPLAINT i,;~ rv ~~+ IN MORTGAGE FORECLOSURE ~ ~ FILED ON BEHALF OF: Bank of America. National Association COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THATTHE ADDRESS OF THE PLAINTIFF IS: 3476 Stateview Blvd., Ft. Mill. SC 29715. AND THE DEFENDANT: 110 Mill Street Mount Holly Spfinas. PA 17065-1715 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN Is 110 Mill street. Mount Holhr $prlnRS PA 17065-1715 Municipality: South Middleton I Y` ATTORNEY FO P I FF ATTY FILE NO.: XFP 169193 ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 Ashleigh Levy Marin, Esquire Pa I.D. #306799 Ralph M. Salvia, Esquire Pa I.D. #202946 Jaime R. Ackerman, Esquire Pa I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908)233-1390 FAX office@zucker>zoldbere.com File No.: XFP-169193/cpad Qy~}~Ib3.~S~ Q~ C~~ ~i oG3 ~ #-aBSa(y(n ' ~ } 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association CIVIL DIVISION vs. Edward E. Spahr; Wendy L. Spahr; Plaintiff, NO.. Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association vs. Edward E. Spahr; Wendy L. Spahr; CIVIL DIVISION Plaintiff, NO.. Defendants. AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demands establecida en las siguientes paginas, debe tomar accibn dentro de los prbximos veinte (20) dias despubs de la notificacibn de esta Demands y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que si usted falls en tomar accion como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier sums de dinero reclamada en la demands 0 cua Iquier otra reclamacibn o remedio solicitado por el demandante, puede ser dictado en contra suva por la Corte. Usted puede perder dinero 0 propiedades u otros derechos importantes pars usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR LINO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association CIVIL DIVISION Plaintiff, vs. NO.. Edward E. Spahr; Wendy L. Spahr; Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Bank of America, National Association, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Bank of America, National Association, (hereinafter "plaintiff") c/o Wells Fargo Bank, NA, with its place of business located at 3476 Stateview Blvd., Ft. Mill, SC 29715. 2. The Defendant, Edward E. Spahr, is an individual whose last known address is 110 Mill Street, Mount Holly Springs, PA 17065-1715. 3. The Defendant, Wendy L. Spahr, is an individual whose last known address is 110 Mill Street, Mount Holly Springs, PA 17065-1715. 4. Bank of America, National Association, directly or through an agent, has possession of the Promissory Note. Bank of America, National Association is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit A, attached hereto and made a part hereof. 5. On or about November 20, 2003, Edward E. Spahr and Wendy L. Spahr, husband and wife made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for New Freedom Mortgage Corporation, A Corporation a Mortgage in the original principal amount of $103,234.00 on the premises described in the legal description marked Exhibit B, attached hereto and made a part hereof. Said mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on December 11, 2003, in Mortgage Book\Volurpe leas, Page 1032. The mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. Zucker, Goldberg & Ackerman, LLC XFP-169193 062-PA-V3 6. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded May 10, 2011, the mortgage was assigned to Bank of America, National Association which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County, Instrument #201113575. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(8), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 7. Edward E. Spahr and Wendy L. Spahr, husband and wife are record and real owners of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due March 1, 2012. 9. As of 01/02/2013 the amount due and owing Plaintiff by Defendant(s) is as follows: Principal $101,149.74 Interest through 01/02/2013 $ 4,766.09 Escrow Advance $ 3,367.75 Late Charges $ 95.33 Inspection Fees $ 90.00 Total $109,468.91 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mort~a~e document, as app((Gable, ha~ra peen sent to the Defendant(s). 11. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. Zucker, Goldberg & Ackerman, LLC XFP-169193 062-PA-V3 EXHIBIT A r. ,; " INV LOAN # ~ • , ,~ ~ E~Nt,~~T ~ NOTE FHA Case No. Muitistate __ November 20, 2003 [~•tel MIN: 110 MILL STREET.MOUNT HOLLY SPRINGS.PA 17065 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means NEW FREEDOM MORTGAGE CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a lost received from Lender, Borrower promises to pay the principal stun of One Hundred Three Thousand Two Hundred Thirty Four and no/100 Dollars (U.S. S 103, 234.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal. from the date of disbursaaart of the loan proceeds by Letder, at the rate of $i X pet~cent ( 6.0000 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is second by a mortgage, deed of tout or similar security ittstrumetu that is dated the same date as this Note and called the "Security Instrument. " The Security Instrwrrent protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNF1t OF PAYMENT (A} Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on January 1 2004 .Any principal and imerest remaining on the first day of December , 2033 ,will be due on that date, which is called the `Maturity Date." (B) Place Payment shall be made at 2363 SOUTH FOOTHILL DRIVE, SALT LAKE CITY. UT 84109 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Eadt monthly paytnwtt of principal and interest will be in the amount of U.S. S 618.94 .This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Itutrumem. (D} Allonge to this Note for paymatt adjustments If an allonge providing for payment adjustmans is executed by Borrower together with this Note, the covenants of the allonge shalt be incorporated into and shall amend std supplement the covenants of this Note as if the allonge wen a part of this Note. [Check applicable boz] ^Graduated Payment Allonge ^Growing Equity Allonge ^Other [specify] 5. BORROWER'S RIGIiT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in prat, without charge or penalty, on the first day of any montlt. Lender shall accept ptepaymem on other days provided that Borrower pays merest on the amount prepaid for the renlaitrder of the month to the eatatt regttind by Lender std ptumitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be rro changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. SPAHR,EW~e _ Flied irate Note - Itt/95 -ta ai,,~mro, P.a.' ul t P~ sowuoro nooks: ~ ~NZU.k: ~ F ~S ~,c$ I -•. ~ • 6. BORROWER'S FAILURE TO PAY (A) Late CbstRe for Overdue Payments If [.ender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, lender may collect a ]ate chuge in the amount of FOUL' pertxnt ( 4.0~~0 %} of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, extxpt as limited by regulations of the Secretary in the case of payment defaults, require imrrreditae payment in full of the principal balance remaining due and all aocrtxd interest. Leader may choose not to exercise this option without waiving its rights in the event of any subsequent defauh. In trtany circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the cax of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary' means the Secretary of Housing and Urban Development or his or her designs. (C) Paymart of Casts and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and arty other person who has obligations under this Note waive the rights of prirserttment and notice of dishonor. "Presentnrart" trteans the right to require Lender to demand payment of amounts due. "Notice of dishonor' means the right to r~oquire Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Arty notice that rrn>,st be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9.OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amotmt owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligatior~ of a guarantor, surety or endortKr of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required [o pay all of the amounts owed under this Note. BY SIGNING BELOW, Botro accepts and agrees to the te~~m~s a/n]d covenants contained in this Note. (Seal) ~ ~"~ ,t~ (Seal) EDWARD E. SMHR -Borrower WENDY L. 'AHR -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower SPAHR,~ _ l~® •1R p7101.01 hp~ 2 a s , ~' ~ ~ r ~`i ~ NOTE ENDORSEMENT: PAY TO THE ORDER OF WITHOUT RECOURSE y~LLS FARGO HOME i~ORTG.4GE itiC. NEW~M MO~~ PORATION TINA Di~Y, COLLATERAL- ISTANT ~M WITHOUT RECOURSE PAY TO THE ORDER OF WELLS FARGO HO'+tE t10RTGAGE,INC. ny sa,a Vice Prosi~N,nt, Loom Documentation EXHIBIT B 085-PA-V2 . • • ~ ~ •~ • ~ ; .~T . X H t X311 ALL THAT CERTAIN TRACT OF LAND SITUATE IN SOUTH MIDDLETON TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA. BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT. SAID POINT BEING LOCATED ON THE CENTER LINE OF MILL STREET, FIVE TENTH {.5) MILE NORTHEAST OF THE INTERSECTION OF MILL STREET AND L.R. 41: THENCE NORTH 37 DEGREES 54 MINUTES 40 SECONDS EAST. A DISTANCE OF 88.92 FEET TO A POINT: THENCE NORTH 43 DEGREES 34 MINUTES 40 SECONDS EAST, A DISTANCE i OF 100 FEET TO A POINT: THENCE SOUTH 43 DEGREES 29 MINUTES EAST. ALONG LANDS NOW OR FORMERLY OF E. CLINE, A DISTANCE OF 157.73 FEET TO A POINT: THENCE SOUTH 35 DEGREES 54 MINUTES 40 SECONDS WEST ALONG LANDS NOW OR FORMERLY OF D. BOERING. A DISTANCE OF 265.26 FEET TO A POINT; THENCE NORTH 51 DEGREES 24 MINUTES 46 SECONDS WEST. ALONG LANDS NOW OR FORMERLY OF MENGLE, A DISTANCE OF 195.17 FEET TO A POINT, THE PLACE OF BEGINNING. PROPERTY KNOWN AS: 110 MILL STREET. MOUNT HOLLY SPRINGS, PA 17065. TAX ID ~: 40-31-2187-057 Irr,-.. ~'i ;S.J'~ i- In Cu„ ~ ' " ~! i. .......i \~ V r.~~:::': - -- ~i~.:..~~a ~1848P6t©42 VERIFICATION Jasmin McLean, hereby states that he/ he is Vice President Loan Documentation of WELLS FARGO BANK, N.A., mortgage servicing agent for plaintiff in this matter that he he s 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/~r 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. Further, due to its mortgage servicing agency relationship with plaintiff, WELLS FARGO BANK, N.A. is in possession and control of all documents and records supporting the statements in the foregoing pleading and, therefore, the undersigned, rather than an officer or employee of plaintiff, is the appropriate individual to make this Verification pursuant to Pa.R.C.P. 1024(c). -~ ~ ~" Na smin McLean Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 01/03/2013 3 ,: File # 169193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association CIVIL DIVISION ~ _^ Plaintiff, NO.. I ~ ' ~ ~~ l~ -~ ~~ ~ ~- ~.:~ __ S v . ~ -.~ f~i ~ " ~ Oil Lr ....- ..~ 1 ~.:~ _.,..~ r Edward E. Spahr; Wendy L. Spahr; ' ~ =$ ~ ' Defendant(s). ~ - -c~ -~; . y. ~, ~"-C~ =~ N ~ ~ =~ csr~~ . v~-~, is . ~,,, ~ NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE ~ DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. tf 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 with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. Zucker, Goldberg & Ackerman, LLC XFP-169193 IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. TIDS PROGRAM IS FREE. ZUCKER, GOLDBERG & ACKERMAN, LLC 1 By: A Dated: ~ ~ t ~ ~ ~~ Scott A. Die Brick, Esquire; PA LD. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XFP-169193/cper 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XFP-169193 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete• your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ^ No ^ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ^ No ^ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? First Mortgage lender: Type of Loan: Loan Number: Date you closed your loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Zucker, Goldberg & Ackerman, LLC XFP-169193 Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. Monthly amount: 2. Monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Zucker, Goldberg & Ackerman, LLC XFP-169193 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 known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: ~ Proof of Income d Past 2 bank statements ~ Proof of any expected income for the last 45 days ~ Copy of current utility bill ~ Letter explaining reason for delinquency and any supporting documentation (hardship letter) ~ Listing agreement (if property is currently on the market) Zucker, Goldberg & Ackerman, LLC XFP-169193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association CIVIL DIVISION Plaintiff, vs. NO.. Edward E. Spahr; Wendy L. Spahr; Defendant(s). REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 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 acourt-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Signature of Defendant Date Date Zucker, Goldberg & Ackerman, LLC XFP-169193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, NATIONAL ASSOCIATION, CIVIL DIVISION r _� (-.J Plaintiff, NO.: 13-208 CIVIL r- .vs. TYPE OF PLEADING r"'`-- � Edward E. Spahr;Wendy L.Spahr; 1,C-) AFFIDAVIT OF SERVICE OF COMPL ' Defendants. PURSUANT TO Pa.R.C.P.,404 p FILED ON BEHALF OF: Bank of America, National Association Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG &ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D.#55650 Kimberly A. Bonner, Esquire- PA I.D.#89705 Joel A.Ackerman, Esquire- PA I.D.#202729 Ashleigh Levy Marin, Esquire-PA I.D.#306799 Ralph M.Salvia, Esquire- PA I.D.#202946 Jaime R.Ackerman, Esquire-PA I:b.#311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office @zuckergoldberg.com File No.: XFP- 169193/mti Zucker,Goldberg&Ackerman,LLC XFP-169193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association CIVIL DIVISION Plaintiff, NO.: 13-208 CIVIL VS. Edward E.Spahr; Wendy L.Spahr; Defendants. AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE ON DEFENDANT PURSUANT TO Pa.R.C.P 404 I, Scott A. Dietterick, Esquire, Kimberly A. Bonner, Esquire, Joel Ackerman, Esquire,Ashleigh Levy Marin, Esquire, Ralph M.Salvia, Esquire,Jaime R.Ackerman, Esquire, attorney for Plaintiff, Bank of America, National Association, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Complaint in Mortgage Foreclosure on Defendant pursuant to Pa.R.C.P.404 as follows: 1. Defendants, Edward E.Spahr and Wendy L.Spahr, husband and wife are the record owners of the real property. 2. On or about April 5, 2013,the counsel for Plaintiff served Defendants, Edward E.Spahr and Wendy L.Spahr, husband and wife,with true and correct copies of Plaintiffs Complaint in Mortgage Foreclosure,via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Pre-paid to 1307 Waterway,St SW Palm Bay, FL 32908-6232. A true and correct copy of said Certified Mail Receipts and Return Receipts is marked Exhibit"A", attached hereto and made a part hereof. Zucker,Goldberg&Ackerman, LLC XFP-169193 3. Plaintiffs counsel hereby certifies that Defendants, Edward E.Spahr and Wendy L. Spahr, husband and wife, were served with Plaintiff's Complaint in Mortgage Foreclosure in accordance with Rule of Civil Procedure 404, regarding service outside the Commonwealth. Respectfully Submitted: ZUCKER, GOLDBERG & RM N /�� By' r �3 Scot A. Dietterick,Esquire; Pa. I.D.#55650 Kimberly A. Bonner, Esquire; Pa. I.D.#89705 Joel A.Ackerman, Esquire; Pa I.D.#202729 Ashleigh Levy Marin, Esquire; Pa I.D.#306799 Ralph M.Salvia, Esquire; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D.#31103 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX office @zuckergoldberg.com Sworn to and subscribed before me this&—day of 2013. r'x-m otary P A Iic MY COMMISSION EXPIRES: Cheryl Debeneadto Notary Public My Comm.Expires Oct. 16,2016 State of New Jersey Zucker,Goldberg&Ackerman, LLC XFP-169193 EXHIBIT A Zucker,Goldberg&Ackerman, LLC XFP-169193 2. Article Number v I=s +� ,r COMPLETE to !�+ A. Rec+riivec!to Ayy B. Date of Delivery Y lease i�riiit tea nature ;+ 7196 9006 9296 6334 8309.. .- Agent Addressee 1 eliver"ly' ctaress d r;a►rt from beiowitem t 7 Yes ont 3+ r •M ertideliveryadb ress : No ' Service TyPe CERTIFIED MAIL �4. Restricted Delivery? (Extra 1. t- ArbCle Addrassed to: VVendy L. Spahr ' `7 fe Ind rmati ' ,1307 WATERWAY ST. SW;��`• � , PALM B AY FL 3290f232 r ISMTG i 4/1/2013 1 k 7196 91OD6 •92'96 13A 8309. 102 is � �`' � 3 �; ;' fir( ; • � � �� ,f.� s �} �,; � �. , Y , � 'i���� PS Form 38i i,January 2005 i 1 j �' •�.. �... Domestic Return Receipt 1''•i t UNITED STATE$ POSTAL SERVICE - First-Class Malt Postage&Fees Paid LISPS Permit No. G-!fl �r tti E111111 Its loll I1 11$61111w1111t111rr11111�� � t f Zucker$ Goldberg & Acker ►n, �. m PO Box 9076 Temecula, CA 92689.9076 �s 2. Article Number­.. COMPLETE i DELIVERY 0 to s+ Received by(Please Print Cjearly} r . Datte f Delivery C. signature . 1. . 7196 9Q06 9296 6334 8316 A ss # ' ►:« D. Is deiiv+ery address diff t from item t? lop ZZ J if YES.enterwdelivery address below: NO 3. Service Type CERTIFIED MAIL, 4. Restricted Dellvef}? 0Fxtre Fee) Yes 1. Article Addressed to: EdWB�� hr f f . � , " f r C1+�2.Inforlmation � 1 307 WATERWAY ST $1N �� •:��'� "'`��/ i �� {' ;f t U -P'Al.M BAY, Fi. 32908-60 '11'..ljj►.. Zt��� y 4/f/2013 f.YA Il.t,#d1� 4e ih 6316"102 E ! F",Form 3817;January 2005 Doirtestic Retum Receipt - " 1 i UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.Gw1 E3 .t . 11 fill 1116111 11 11111 1111111 11611 111tif it Zucker, Goldberg & Ackerman, LLC < L PO Box 9076 Temecula, GA 926$9.9079 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANJkk, rn,rj C: v r Bank of America, National Association, CIVIL DIVISION Plaintiff No.: 13-208 CIVIL VS. ISSUE NUMBER: Edward E. Spahr; Wendy L. Spahr; TYPE OF PLEADING: Defendant(s). PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT (MORTGAGE FORECLOSURE) Mortgaged Premises: 110 Mill Street, Mount Holly Springs, PA 17065-1715 FILED ON BEHALF OF: Bank of America, National Association Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG &ACKERMAN, LLC Scott A. Dietterick, Esquire- Pa I.D.# 55650 Kimberly A. Bonner, Esquire- Pa I.D. #89705 Joel A. Ackerman, Esquire- Pa I.D. #202729 Ashleigh L. Marin, Esquire-Pa I.D.#306799 Ralph M.Salvia, Esquire- Pa I.D. #202946 .Jaime R.Ackerman, Esquire- Pa I.D.#311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: XFP-169193 ,� aR L/ Praecipe for Entry of Judgrr nt Zucker,Goldberg&Ackerman, LLC XFP-169193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association CIVIL DIVISION Plaintiff, VS. NO.: 13-208 CIVIL Edward E. Spahr;Wendy L. Spahr; Defendants. PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT(MORTGAGE FORECLOSURE) TO: PROTHONOTARY Please enter judgment, in mortgage foreclosure (in rem only), in the above-captioned case in favor of Plaintiff and against Defendant(s), for failure to file a response to Plaintiff's Complaint within the appropriate time limits from service thereof, and assess Plaintiff's damages as set forth in Complaint: Amount as set forth in Complaint $109,468.91 plus interest on the judgment amount($109,468.91)from January 03, 2013, at the statutory rate and for foreclosure and sale of the mortgaged premises. I hereby certify that the defendant's last kn Awn ERWAY ST SW address is: FL 32908-6232 ZUCKERMAN, LLC Dated: BY; A.A A I.D.#202729 ❑ Ashleigh . larin, Esquire; PA I.D.#306799 Jaime R.A rman, Esquire; PA I.D.#311032 Attorneys for Plaintiff XFP-169193 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoIdberg.com .l; DAMAGES ARE HEREBY ASSESSED AS INDICATED Date Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association CIVIL DIVISION Plaintiff, VS. NO.: 13-208 CIVIL Edward E. Spahr; Wendy L.Spahr; Defendants. AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT STATE OF NEW JERSEY SS: COUNTY OF UNION I, the undersigned attorney for the plaintiff in the above action, being duly sworn according to law, do hereby depose and say that the statements made herein are true in and correct to the best of my knowledge, information, and that: 1) The Defendant is not in the military service of the United States of America to the best of my knowledge, information and belief as evidenced by the attached copies; 2) The Notice of Intent to take Default Jud VGL ai in accordance with Pa. R.C.P. 237.1 and that the time limits provided for that notice hat ,. ZUCKER, A K -LC Da ted: � �� BY: Joel A.A e man, Esquir , PA I.D.#202729 F-1 Ashleigh arin, Esquire; PA I.D.#306799 F-1 Jaime R.Ackerman, Esquire; PA I.D.#311032 Attorneys for Plaintiff XFP-169193 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908)233-8500; (908) 233-1390 FAX Email: Office @zuckergoldberg.com Sworn to and subscribed before me This 1j&-- dayof � 120i3 Cf Y` Notary Public IV My Commission Expires: Cheryl Debeneadto Notary Public My i,amr,1. E,!,,,) 9ct. 16, 2016 iD 4, 228 6 2 7 6 State of New Jersey Zucker,Goldberg&Ackerman, LLC XFP-169193 Department of Defense Manpower Data Center Results as of:Aug-14-201311:38:19 SCRA 3.0 w44# r. Stag Report Pursuant to Sery cernembers Civil Relief Act Last Name: SPAHR First Name: WENDY Middle Name: L Active Duty Status As Of: Aug-14-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA ,•" No"hy NA This response refiacts"the individuals•}active duty status based on the Active Duty Status Date Left Active Duty Within 387 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA ,';'+",NA ;+„ #t - fr No'* y'= fi,- NA This response reflects where the IndMdual left active duty status vAWA 367 days preceding the Active Duty Status Data 1' k' The Member or His/Her Unit Was Notified of a Future Cal{-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Servtca Component NA �.NAr, ti -'n! ' r'No :"- .' NA This response reflects whether the tndividuAr histher unit has recoived aaady nolificatiofi to report for active duty Upon searching the data banks of the Department of Defense Manpower,Data Centeri 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. � A- 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.mit"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.htmf. 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 USG 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: J4C3X072109FXC0 Department of Defense Manpower Data Center Results as of:Aug-14-2013 11:31:41 SCRA3.0 Statu Rapti Pursuant to Servicemen ben Civil Relief Act Last Name: SPAHR First Name: EDWARD Middle Name: .E Active Duty Status As Of: Aug-14-2013 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 14 duajVacllve 64 status based n the Active Duly 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 4A N NA This response reflects where the!ln6Adual left ache-duty status vAthin 367 days precedi'n'g the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status :E—Service Component NA No NA histh This response reflects whether the Individual or er—uni has received eoriy 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,NOAH,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. Alhv' A 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 m Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which m the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement m the servicemembers Civil Relief Act(muoc App.Oso1mseq.as amended)(SCnA)(formerly known as the Soldiers'and Sailors'Civil Relief Act vv1swV>. 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, m 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 m the oom\you are strongly encouraged m obtain further verification s,mppenson'sommvuy000tannngma person's Service via the ^oomnmeonx.mirunL:hup:m"ww.uemnse|ink.miNfan/nis/pC000Lonmm|. |f 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 againmyuu. See souSc App.Wne1(c). This response reflects the following information: (1)The Individual's Active Duty status on the Active Duty Status Date(2)Whether the individual|o«Activo 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 ao reported m this certificate m defined in accordance with 1oVSC§101(d)(1). Prior to 2V10 only some ov the active duty periods less than mV 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 ov 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(RPms). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service o,the National Oceanic and Atmospheric Administration(wo^A Commissioned oorps). 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 000n 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 o,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 m 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*"erroneous certificate muoprovided. Certificate |O: E4VV4UO52EO89850 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association CIVIL DIVISION Plaintiff, VS. NO.: 13-208 CIVIL Edward E. Spahr; Wendy L.Spahr; Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Edward E.Spahr 1307 WATERWAY ST SW PALM BAY FL 32908-6232 [ ] Plaintiff [V] Defendant [ ] Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on (�1u10t, 4 C^kls [ ] A copy of the Order or Decree is enclosed, or [V] The judgment is as follows: $109,468.91 plus S. 'Prothonotary Zucker,Goldberg&Ackerman, LLC XFP-169193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association CIVIL DIVISION Plaintiff, VS. NO.: 13-208 CIVIL Edward E. Spahr;Wendy L.Spahr; Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Wendy L.Spahr 1307 WATERWAY ST SW PALM BAY FL 32908-6232 [ ] Plaintiff [V] Defendant [ ] Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on [ ] A copy of the Order or Decree is enclosed, or [V] The judgment is as follows: $109,468.91 us costs. Prothonotary Zucker, Goldberg&Ackerman, LLC XFP-169193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association CIVIL DIVISION Plaintiff, vs. NO.: 13-208 CIVIL Wendy L. Spahr Edward E.Spahr Defendant. IMPORTANT NOTICE TO: Edward E.Spahr 1307 WATERWAY ST SW PALM BAY FL 32908-6232 DATE OF NOTICE: 6/25/2013 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth again 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 notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal Help. NOTICE TO DEFEND &LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone(800)990-9108 Phone(800)990-9108 (717)249-3166 (717)249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association CIVIL DIVISION Plaintiff, VS. NO.: 13-208 CIVIL Wendy L. Spahr Edward E.Spahr Defendant. AVISO IMPORTANTE TO: Edward E.Spahr 1307 WATERWAY ST SW PALM BAY FL 32908-6232 FECHA DEL AVISO:6/25/2013 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROX MOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS Hv2ORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO M EDIA.TAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND &LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone(800)990-9108 Phone(800)990-9108 (717)249-3166 (717)249-3166 ZUCKER,GOLDBERG &.ACKERMAN BY: Scott A. Q ietterick Scott A. Dietterick,Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P.O. Box 1024 Mountainside,NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 169193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association CIVIL DIVISION Plaintiff, vs. NO.: 13-208 CIVIL Wendy L.Spahr Edward E.Spahr Defendant. IMPORTANT NOTICE TO: Wendy L.Spahr 1307 WATERWAY ST SW PALM BAY FL 32908-6232 DATE OF NOTICE: 6/25/2013 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth again 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 notice to your lawyer at once. If you do not have a lawyer or cannot afford one,go to or telephone the following office to find out where you can get legal Help. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone(800)990-9108 Phone(800)990-9108 (717)249-3166 (717)249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Bank of America, National Association CIVIL DIVISION Plaintiff, VS. NO.: 13-208 CIVIL Wendy L.Spahr Edward E.Spahr Defendant. AVISO IMPORTANTE TO: Wendy L.Spahr 1307 WATERWAY ST SW PALM BAY FL 32908-6232 FECHA DEL AVISO:6/25/2013 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A NIENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES, USTED DEBE LLEVAR ESTE DOCUMENTO RgIV EDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAIVM LA OFICINA ABAJO INDICADA PARA QUE LE INFORNIEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND &LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone(800)990-9108 Phone(800)990-9108 (717)249-3166 (717)249-3166 ZUCKER,GOLDBERG &ACKERMAN BY: Soatt A. D ietterick Scott A. Dietteri ck,Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P.O. Box 1024 Mountainside,NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 169193 LEONARD B.ZUCKER ZUCKER, GOLDBERG & ACKERMAN, LLC FOUNDED IN 1923 I ACKERMAN EL ACK RMAN O ATTORNEYS AT LAW AS ZUCKER&GOLDBERG FRANCES GAMBARDELLA MAURICE J.ZUCKER(1918-1979) BRIAN C.NICHOLAS 4 200 SHEFFIELD STREET-SUITE 101 LOUIS D.GOLDBERG(1923-1967) SCOTT A.DIETTERICK Y P.O.BOX 1024 LEONARD H.GOLDBERG{1929-1979) KIMBERLY A.BONNER Y MOUNTAINSIDE,NJ 07092-0024 BENJAMIN WEISS(1949-1981) STEVEN D.KROL CHRISTOPHER G.FORD TELEPHONE:908-233-8500 DENISE CARLON A CHRSTINE E.POTTER FACSIMILE:908-233-1390 Pennsylvania Office: RYAN S.MALC E-MAIL:office @zuckergoldberg.com P.O.Box 6S0 STEPHANIE WOLCHOK Hershey,PA 17033 ASHLEIGH LEVY MARIN E DOUGLAS 1.McDONOUGH For payoff/reinstatement figures TIMOTHY J.ZIEGLER Please send your request to:zuckergoldberg.com/pr RALPH M.SALVIA Y " ALSO MEMBER OF NY,PA AND CA BAR ROBERT D.BAILEY :ALSO MEMBER OFNY, PAAND ME BAR JAIME R.ACKERMAN♦ REPLY TO NEW JERSEY ADDRESS 0 ALSO MEMBER OFNYAND ME BAR RACHEL G.PACKER t A ALSO MEMBER OF NY BAR KACIE W.BROWN M f ALSO MEMBER OF PA BAR ONIKA S.PUNDALIK TODD MARKS A ALSO MEMBER DC BAR TIMOTHY D.KUHLS Q MEMBER R OF F PA PA BAR ONLY PA XFP-165604 - August 14, 2013 Attn: PA Service Team Postmaster Darby, PA 19023 RE: Request for Change of Address or Boxholder Information Needed for Service of Process Please furnish the new address or the name and street address(if a boxholder)for the following: Aaron Jerman-20 Winthrop Road C_165604PD011X1_C The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for 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: ATTORNEYS FOR PLAINTIFF 2. Statute or regulation that empowers me to serve process: NOT APPLICABLE 3. The names of all known parties to the litigation:,et al. 4. The court in which the case has been or will be heard: IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA 5. The docket number is:F-1034-02 6. The capacity in which this individual is to be served(e.g.defendant or witness): DEFENDANT 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 PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO$10,000 OR IMPRISONMENT OR(2)TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION 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. Very truly yours, By: SroV A- DuVzi�e4 SCOTT A. DIETTERICK SAD/dsc FOR POST OFFICE USE ONLY No Change of Address Order on file. NAME AND STREET ADDRESS Not known at address given. Moved left no forwarding address. No such address. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO.: 13-208 CIVIL Vs. TYPE OF PLEADING Edward E.Spahr;Wendy L.Spahr; AFFIDAVIT OF SERVICE OF COMPLAINT Defendants. PURSUANT TO Pa.R.C.P.,404 FILED ON BEHALF OF: Bank of America National Association Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER,GOLDBERG&ACKERMAN,LLC Scott A.Dietterick,Esquire PA I.D.#55650 Kimberly A. Bonner, Esquire-PA I.D.#89705 Joel A.Ackerman, Esquire-PA I.D.#202729 Ashleigh Levy Marin, Esquire-PA I.D.#306799 Ralph M.Salvia, Esquire-PA I.D.#202946 Jaime R.Ackerman,Esquire-PA I.D.#311032 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908)233-8500 (908)233-1390 FAX office CcDzuckergo Idbere.com File No.:XFP-169193/mti Zucker,Goldberg&Ackerman,LLC XFP-169193 LEONARD B.ZUCKER ZUCKER, GOLDBERG & ACKERMAN, LLC MICHAEL *RMAN FOUNDED IN 1923 OEL ACK RMAN ATTORNEYS AT LAW AS ZUCKER&GOLDBERG FRANCES GAMBARDELLA MAURICEJ.ZUCKER(1918-1979 BRIAN C.NICHOLAS 0 200 SHEFFIELD STREET-SUITE 101 LOUIS D.60LDBERG 1923-1967 SCOTTA.DIETTERICKiF P.O.BOX 1024 LEONARD H.GOLDBERG 11929-1979 KIMBERLYA.BONNER Y MOUNTAINSIDE,NJ 07092-0024 BENJAMIN WEISS(1949-1981 STEVEN D.KROL CHRISTOPHER G.FORD DENISE GARCON d TELEPHONE:908-233-8500 CHRISTINE E.L POTTER E-MAIL:FACSIMILE:offie @zuckergoldberg.com RYAN S.MALL Permsylvanla Office: STEPHANIE WOLCHOK P.O.Box 650 ASHLEIGH LEVY MARINE Hershey,PA 17033 DOUGLAS J.McDONOUGH For payoffIreinstatement figures TIMOTHYJ.ZIEGLER Please send your request to:zuckergoldberg.com1pr RALPH M. LL Y ROBERT D. ' ALSO MEMBER OF NY,PA AND CA BAR .ME ♦ALSOMEMBEROFNY, PAANOMESAR JAIME R.ACK ERM ERMAN♦ REPLY TO NEW JERSEY ADDRESS 0 ALSO RACHEL G.PACKER t MEMBER OFNYAND ME BAR A ALSO MEMBER OF NYBAR KACI E W.BROWN £ ALSO MEMBER OF PA BAR TODD M O S.PUNDAUK t ALSO MEMBER OF NYAND DC BAR TIMOTHY D.KU HLS d T MARKS Y MEMBER OFPA BAR ONLY XFP-169193 July 10,2013 Office of the Prothonotary Cumberland County Courthouse Carlisle,PA 17013-3387 Re: Bank of America,National Association vs. Edward E.Spahr and Wendy L.Spahr,husband and wife Property Address: 110 Mill Street Mount Holly Springs,PA 17065-1715 Docket No.: 13-208 CIVIL Dear Sir/Madam: Enclosed please find the following: Affidavit of Service of Complaint Pursuant to Pa.R.C.P.,404 Please file the original and return the extra copy,time-stamped,to me in the enclosed self addressed stamped envelope provided. If you should have any questions,please feel free to call Michelle Timoteo of our office at 908-233-8500,ext.218. Very Truly Yo , ZUCKER,GOLDBER A ER BY: Scott A.Dlett ick,Esquire-PA I.D.#55650 ` Kimberly A onner,Esquire-PA I.D.#89705 Joel A.Ackerman,Esquire-PA I.D.#202729 Ashleigh Levy Marin,Esquire-PA I.D.#306799 Ralph M.Salvia,Esquire-PA I.D.#202946 Jaime R.Ackerman,Esquire-PA I.D.#311032--" Attorneys for Plaintiff 200 Sheffield Street,Suite 101 Mountainside,NJ 07092 E-mail: Office @zuckergoldberg.com (908)233-8500;(908)233-1390 FAX enclosures Zucker,Goldberg&Ackerman,LLC XFP-169193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association CIVIL DIVISION Plaintiff, ' VS. NO.:13-208 CIVIL Edward E.Spahr;Wendy L.Spahr; Defendants. AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE ON DEFENDANT PURSUANT TO Pa.R.C.P 404 I,Scott A. Dietterick, Esquire,Kimberly A. Bonner, Esquire, Joel Ackerman, Esquire,Ashleigh Levy Marin, Esquire,Ralph M.Salvia,Esquire,Jaime R.Ackerman, Esquire,attorney for Plaintiff, Bank of America, National Association, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Complaint in Mortgage Foreclosure on Defendant pursuant to Pa.R.C.P.404 as follows: 1. Defendants, Edward E.Spahr and Wendy L.Spahr,husband and wife are the record owners of the real property. 2. On or about April 5,2013,the counsel for Plaintiff served Defendants,Edward E.Spahr and Wendy L.Spahr, husband and wife,with true and correct copies of Plaintiff's Complaint in Mortgage Foreclosure,via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Pre-paid to 1307 Waterway,St SW Palm Bay, FL 32908-6232. A true and correct copy of said Certified Mail Receipts and Return Receipts is marked Exhibit"A",attached hereto and made a part hereof. Zucker,Goldberg&Ackerman,LLC i XFP-169193 i 3. Plaintiffs counsel hereby certifies that Defendants, Edward E.Spahr and Wendy L. Spahr,husband and wife,were served with Plaintiffs Complaint in Mortgage Foreclosure in accordance with Rule of Civil Procedure 404,regarding service outside the Commonwealth. Respectfully Submitted: ZUCKER,GOLDBERG & RM N By' ?j Scot A.Dietterick,Esquire; Pa. I.D.#55650 Kimberly A.Bonner, Esquire; Pa. I.D.#89705 Joel A.Ackerman, Esquire;Pa I.D.#202729 Ashleigh Levy Marin, Esquire; Pa I.D.#306799 Ralph M.Salvia, Esquire; PA I.D.#202946 Jaime R.Ackerman, Esquire;PA I.D.#31103 ' 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908)233-8500;(908)233-1390 FAX office @zuckergoIdberg.com Sworn to and subscribed before me this day of J" , 2013. tary P lic MY COMMISSION EXPIRES: Cheryl Debeneadto Notary Public my Comm.Expires Oct.16,2016 ID#2280276 State of New Jersey I Zucker,Goldberg&Ackerman,LLC XFP-169193 j i EXHIBIT A Zucker,Goldberg&Ackerman,LLC XFP-169193 a. ffi c m�� i 4� J C �4q E a �. ru . tr z co IL 3 r ... M . m �. - "" �' M W6 coLU �- L .,,w.�,..•CI tau ��`' co azr. rq ti� Q }�r CL M cc UO co �. . CL CO ui 6 m z �a tio�, na ...1 w C r.r..r�s 'V• -- 4� GO U) m � 40 w .. .w- h„ .. Q m N 0 IL N tL 1- V w 0 w z -�... -.i...t.,................. ��-... ♦.n..... -..,r-•rte. n.�........r..r .. - -.... ..... 7"TfFM1 n'�'.T..T��.�.^-��k..l.: �...L..�•...•-r.�iS]Y. �..r•�lrr..SS...•M2.TT.�6�xx�..-'.'eft....Wi:�i.. OWN q 03•Y VI� ,n o t in • F -A lu C A to � � + /yam s �_4 r •�1�• •� c . go it m ao m W C Ir 'a N L# `n.. ..�..� Ir lu CO a: a .. � Q g tr W CL N U � i v cp a aiS o J w r = vs c _ V � 0.10 .. ca — X r Q r w a z F!L ED -OFF IC,. OF THE PROTHONO-TAI6` 201411A Y 2 I 10: 54 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association, ;Plaintiff; :r vs. CIVIL DIVISION File No. 13-208 CIVIL Amount Due $109,468.91 —Interest from 01/04/2013 to date of sale $10,933.63 ; f. " Costs - '• - • Edward E. Spahr;Wendy' L: Spahr; ,-, n c „,; Defendants. p9; TO THE PROTHONOTARY:OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of account based on -a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 As a‘mended; and for real prOperqf PUrsuartto Act 6 of.1974 as amended. PRAECIPE FOR EXECUTION1—: .‘ r : Issue Writ of Execution in the above matter to the Sheriff df Cumberland'CountY,Ide debt, interest and costs upon the following described property of the defendant(s): See Exhibit "A" attached ' f" rt 2,e".` tfi, Att .1' -1- ".".*--. if) .-J • \L 00 \b3.5 11 \ Lc, so et t; ir Zucker. Goldberg & Ackerman, LLC XE? -169193 Zucker, Galdberg & Ackerman, LLC XFP-169193 PRAECIPE. FOR ATTACHMENT EXECUTION , •r' Issue Writ of Attachment to the Sheriff,of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named.garnishee(s) for the following property.(if.real estate, supply six copies of the description; supply four copies of lengthy personality list), and all other property of the defendant(s) in the possession, custody or control_of the.said garnishee(s). 11 (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described -in the attached exhibit. DATE: • 4111?74/11 A Signature: Print Name: Scott A. Dietterick, Esquire •Kimberly A. Bonner, Esquire 'Joel Ackerman, Esquire Ashleigh Levy Marin, Esquire Ralph M. Salvia, Esquire Jaime R. Ackerman, Esquire Jana Fridfinnsdottir, Esquire Brian Nicholas, Esquire Denise Carlon, Esquire Address: Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 Attorney for: Plaintiff Telephone: 908-233-8500 Supreme Court ID No.: 55650 89705 202567 201493 202946 Zucker, Goldberg & Ackerman, LLC XFP-169193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association, Plaintiff, vs. Edward E. Spahr; Wendy L. Spahr; Defendant(s). CIVIL DIVISION NO.: 13-208 CIVIL : Execution No.: AFFIDAVIT PURSUANT TO RULE 3129.1 CD re -4 G —r Bank of America, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 110 Mill Street, Mount Holly Springs, PA 17065-1715. 1. Name and Address of Owner(s) or Reputed Owner(s): EDWARD E. SPAHR AND WENDY L. SPAHR, HUSBAND AND WIFE 1307 Waterway St SW Palm Bay FL 32908-6232 2. Name and Address of Defendant(s) in the Judgment: EDWARD E. SPAHR 1307 Waterway St SW Palm Bay FL 32908-6232 WENDY L. SPAHR 1307 Waterway St SW Palm Bay FL 32908-6232 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: BANK OF AMERICA, NATIONAL ASSOCIATION Plaintiff 4. Name and Address of the last record holder of every mortgage of record: BANK OF AMERICA, NATIONAL ASSOCIATION Plaintiff Zucker, Goldberg & Ackennan, LLC XFP-169193 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR NEW FREEDOM MORTGAGE CORPORATION PO Box 2026 Flint, MI 48501-2026 AND 1901 E. Voorhees Street, Suite C Danville, II 61834 AND 3300 SW 34th Avenue, Suite 101 Ocala, FL 34474 AND 2363 South Foothill Drive Salt Lake City UT 84109 THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT 451 7th Street S.W., Washington, DC 20410 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 SOUTH MIDDLETON TWP 520 Park Drive Boiling Springs, PA 17007 AND C/0 BOB CAIRNS PO Box 40, Boiling Springs, PA 17007 SOUTH MIDDLETON SCHOOL DISTRICT 4 Forge Road Boiling Springs, PA 17007 AND C/0 BOB CAIRNS PO Box 40, Boiling Springs, PA 17007 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: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 Zucker, Goldberg & Ackerman, LLC XFP-169193 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 110 Mill Street Mount Holly Springs, PA 17065-1715 UNKNOWN SPOUSE 1307 Waterway St SW Palm Bay FL 32908-6232 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: 410,41a..0 ZUCKER, GOLDBERG & ACKERMAN, LLC BY.,Q,�,r Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner,. Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XFP-169193/sde 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XFP-169193 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN SOUTH MIDDLETON TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA. BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT. SAID POINT BEING LOCATED ON THE CENTER LINE OF MILL STREET. FIVE TENTH (.5) MILE NORTHEAST OF THE INTERSECTION OF MILL STREET AND L.R. 41; THENCE NORTH 37 DEGREES 54 MINUTES 40 SECONDS EAST. A DISTANCE OF 88.92 FEET TO A POINT; THENCE NORTH 43 DEGREES 34 MINUTES 40 SECONDS EAST. A DISTANCE OF 100 FEET TO A POINT; THENCE SOUTH 43 DEGREES 29 MINUTES EAST. ALONG LANDS NOW OR FORMERLY OF E. CLINE. A DISTANCE OF 157.73 FEET TO A POINT; THENCE SOUTH 35 DEGREES 54 MINUTES 40 SECONDS WEST ALONG LANDS NOW OR FORMERLY OF D. BOERING. A DISTANCE OF 265.26 FEET TO A POINT; THENCE NORTH 51. DEGREES 24 MINUTES 46 SECONDS WEST. ALONG LANDS NOW OR FORMERLY OF MENGLE. A DISTANCE OF 195.17 FEET TO A POINT. THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 110 Mill Street, Mount Holly Springs, PA, 17065-1715. BEING the same premises which Steven P. Swartz and Mischelel D. Swartz, husband and wife, by Deed dated December 13, 1999 and recorded January 31, 2000 in and for Cumberland County, Pennsylvania, in Deed Book Volume 215, Page 655, granted and conveyed unto Edward E. Spahr and Wendy L. Spahr, husband and wife. Tax Map No.: 40-31-2187-057. Zucker, Goldberg & Ackerman, LLC XFP-169193 74. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association Plaintiff, V5. Edward E. Spahr; Wendy L. Spahr; Defendants. CIVIL DIVISION NO.: 13-208 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Edward E. Spahr 110 Mill Street Mount HoIIy Springs, PA 17065-1715 AND 1307 Waterway St SW Palm Bay FL 32908-6232 TAKE NOTICE: crs • C1;.. 7,7 G c5_ - That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on September 3, 2014 at 10:OOam prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 110 Mill Street, Mount HoIIy Springs, PA, 17065-1715 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 13-208 CIVIL Zucker, Goldberg & Ackerman, LLC XFP-169193 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Edward E. Spahr and Wendy L. Spahr, husband and wife A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker, Goldberg & Ackerman, LLC XFP-169193 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. Dated: 4/g4vip_teA 4- ZUCKER, GOLDBERG & ACKERMAN, LLC BY: �4Ji��� .c�Q. A CQk Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XFP-169193/sde 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC XFP-169193 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN SOUTH MIDDLETON TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA. BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT. SAID POINT BEING LOCATED ON THE CENTER LINE OF MILL STREET. FIVE TENTH (.5) MILE NORTHEAST OF THE INTERSECTION OF MILL STREET AND L.R. 41; THENCE NORTH 37 DEGREES 54 MINUTES 40 SECONDS EAST. A DISTANCE OF 88.92 FEET TO A POINT; THENCE NORTH 43 DEGREES 34 MINUTES 40 SECONDS EAST. A DISTANCE OF 100 FEET TO A POINT; THENCE SOUTH 43 DEGREES 29 MINUTES EAST. ALONG LANDS NOW OR FORMERLY OF E. CLINE. A DISTANCE OF 157.73 FEET TO A POINT; THENCE SOUTH 35 DEGREES 54 MINUTES 40 SECONDS WEST ALONG LANDS NOW OR FORMERLY OF D. BOERING. A DISTANCE OF 265.26 FEET TO A POINT; THENCE NORTH 51 DEGREES 24 MINUTES 46 SECONDS WEST. ALONG LANDS NOW OR FORMERLY OF MENGLE. A DISTANCE OF 195.17 FEET TO A POINT. THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 110 Mill Street, Mount Holly Springs, PA, 17065-1715. BEING the same premises which Steven P. Swartz and Mischelel D. Swartz, husband and wife, by Deed dated December 13, 1999 and recorded January 31, 2000 in and for Cumberland County, Pennsylvania, in Deed Book Volume 215, Page 655, granted and conveyed unto Edward E. Spahr and Wendy L. Spahr, husband and wife. Tax Map No.: 40-31-2187-057. a Zucker, Goldberg & Ackerman, LLC XFP-169193 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net BANK OF AMERICA, NATIONAL ASSOCIATION Vs. NO 13-208 Civil Term CIVIL ACTION — LAW EDWARD E. SPAHR, WENDY L. SPAHR WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $109,468.91 L.L.: $.50 Interest FROM 1/04/2013 TO DATE OF SALE - $10,933.63 Atty's Comm: Atty Paid: $209.75 Plaintiff Paid: Date: 5/21/14 (Seal). Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name: DENISE CARLON, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 101 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 202946 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association, Plaintiff, vs. Edward E. Spahr; Wendy L. Spahr; Defendants. CIVIL DIVISION NO.: 13-208 CIVIL (-7 ra za) co 7;_ TYPE OF PLEADING Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST FILED ON BEHALF OF: Bank of America, National Association COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Joel A. Ackerman, Esquire- PA I.D. #202729 Ashleigh Levy Marin, Esquire -PA I.D. #306799 Ralph M. Salvia, Esquire- PA I.D. #202946 Jaime R. Ackerman, Esquire- PA I.D. #311032 Jana Fridfinnsdottir, Esquire- PA I.D. #315944 Brian Nicholas, Esquire- PA I.D. #317240 Denise Carlon, Esquire- PA I.D. #317226 Roger Fay, Esquire; PA I.D. #315987 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XFP- 169193/mag Zucker, Goldberg & Ackerman, LLC XFP-169193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association CIVIL DIVISION vs. Edward E. Spahr; Wendy L. Spahr; Plaintiff, Defendants. NO.: 13-208 CIVIL Pa.R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Margaret Agyepong, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, Bank of America, National Association, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendants, Edward E. Spahr and Wendy L. Spahr, husband and wife, are the record owners of the real property. 2. On or about June 20, 2014, defendants Edward E. Spahr and Wendy L. Spahr were served with Plaintiff's Notice of Sheriff's Sale of Real Property Pursuant to Pa. R.C.P. 3129, via certified mail, return receipt requested at the address of 1307 Waterway Street SW, Palm Bay FL 32908-6232. A true and correct copy of said Notice and proof of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about July 18, 2014, Plaintiff's counsel served all other parties in interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to rule 3129.1, via First Class U.S. Mail, Postage Pre -Paid, with a Certificate of Mailing. True and correct copies of said Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that the Defendants/Owners and all other Parties of Zucker, Goldberg & Ackerman, LLC XFP-169193 Interest were served with Plaintiffs Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P. 3129.2. t� Dated: August [�»,2O14 Sworn to and subscribed before me this /�� day of August, 2014 4~ 1 -`� . x` Notary MY COMMISSION EXPIRES: Cheryl Debeneadto Notary Public My Comm. Expires Oct. 16, 2016 ID # 2280276 State 0 New JerSey ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff MARGAR AGYEPONG ParaheKLeoa|Assistamt Zucker, Goldberg & Ackerman, LLC EXHIBIT A Zucker, Goldberg & Ackerman, LLC XFP-169193 Zucker. Goldberg & Ackerman, LLC PO Box 1219 Mountainside, NJ 07092-1219 1 11 11111 9314 7100 1170 0747 8385 11 20140620-102 IuuIIriIIIIr 11111IiII1Ii 1"111"111I'IIIIIIIIIIIIuIIIIIIIIIIIul Wendy L. Spahr 1307 Waterway St SW Palm Bay, FL 32908-6232 PANOSS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association Plaintiff, V5. Edward E. Spahr; Wendy L. Spahr; Defendants, CIVIL DIVISION NO.: 13-208 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA...RU.LE OF CIVIL PROCEDURE 3129 Wendy L. Spahr 110 Mill Street Mount Holly Springs, PA 17065-1715 AND 1307 Waterway St SW Palm Bay FL 32908-6232 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on September 3, 2014 at 10:O0am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "An). The LOCATION of your property to be sold Is: 110 Mill Street, Mount Holly Springs, PA, 17065-1715 The JUDGMENT under or pursuant to which your property Is being sold is docketed to: No. 13-208 CIVIL • 1. Zucker, Goldberg & Ackerman, LLC XFP-169193 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Edward E. Spahr and Wendy L. Spahr, husband and wife A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. 1THiS„ PAPER IS :AfJOTI.CE: OF THE. TIME AND' D PLACE ..OF TIDE SAL OF:YOUR • PROP.E.RTL,. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOLIfi LAWYER AT ONCE..: GO TO. OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker, Goldberg & Ackerman, LLC XFP-169193 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly Inadequate price or for other proper cause, This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned In the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition, If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. Dated: ZUCKER, GOLDBERG & ACKERMAN, LLC • Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA 1.0. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA 1.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA 1.D. #317226 Attorneys for Plaintiff XFP-169193/sde 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC XFP-169193 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN SOUTH MIDDLETON TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA. BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT. SAID POINT BEING LOCATED ON THE CENTER LINE OF MILL STREET. FIVE TENTH (.5) MILE NORTHEAST OF THE INTERSECTION OF MILL STREET AND L.R. 41; THENCE NORTH 37 DEGREES 54 MINUTES 40 SECONDS EAST. A DISTANCE OF 88.92 FEET TO A POINT; THENCE NORTH 43 DEGREES 34 MINUTES 40 SECONDS EAST. A DISTANCE OF 100 FEET TO A POINT; THENCE SOUTH 43 DEGREES 29 MINUTES EAST. ALONG LANDS NOW OR FORMERLY OF E, CLINE. A DISTANCE OF 157.73 FEET TO A POINT; THENCE SOUTH 35 DEGREES 54 MINUTES 40 SECONDS WEST ALONG LANDS NOW OR FORMERLY OF D. BOERING. A DISTANCE OF 265.26 FEET TO A POINT; THENCE NORTH 51 DEGREES 24 MINUTES 46 SECONDS WEST. ALONG LANDS NOW OR FORMERLY OF MENGLE. A DISTANCE OF 195.17 FEET TO A POINT. THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 110 Mill Street, Mount Holly Springs, PA, 17065-1715. BEING the same premises which Steven P. Swartz and Mischelel D. Swartz, husband and wife, by Deed dated December 13, 1999 and recorded January 31, 2000 in and for Cumberland County, Pennsylvania, in Deed Book Volume 215, Page 655, granted and conveyed unto Edward E. Spahr and Wendy L. Spahr, husband and wife. Tax Map No.: 40-31-2187-057. Zucker, Goldberg & Ackerman, LLC XFP-169193 2. Article Number i i 9314 7100 1170 0747 fl 3. Service Type CERTIFIED MAIL 1 1 1 8385 11 N 4. Restricted Delivery? (Extra Fee) Yes 7 1. Article Addressed to: a Wendy L. Spahr 0 1307 Waterway St SW p Palm Bay, FL 32908-6232 PS Form 3811, January 2005 COMPLETE THIS SECTION ON DELIVERY A. Received by (Please Print Clearly) B. Date of Delivery Xeliv04 D. is ery address diff rent fro item 1? If YES, enter delivery address below: Agent Addressee Yes No Reference Information 169193 PANOSS 6/20/2014 9314 7100 1170 0747 8385 11-102 Domestic Return Receipt UNITED STATES POSTAL SliRViCE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 , 111111111111111 I 111111111111111111111111111111111 Zucker, Goldberg & Ackerman, LLC PO Box 9076 Temecula, CA 92589-9076 Zucker, Goldberg & Ackerman, LLC PO Bok 1219 Mountainside, NJ 07092-1219 lLlf 1 All I 1 dl Ili S9314 7100 1170 0147 8385 28 20100620-102 1111111111111111111111111111111111111111111111111111111111 Edward E. Spahr 1307 Waterway St SW Palm Bay, FL 32908-6232 PANOSS Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association Plaintiff, vs. Edward E. Spahr; Wendy L. Spahr; Defendants. CIVIL DIVISION NO.: 13-208 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Edward E. Spahr 110 Mill Street Mount Holly Springs, PA 17065-1715 AND 1307 Waterway St SW Palm Bay FL 32908-6232 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on September 3, 2014 at 10:OOam prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major Improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold Is: 110 Mill Street, Mount Holly Springs, PA, 17065-1715 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 13-208 CIVIL Zucker, Goldberg & Ackerman, LLC XFP-169193 THE NAME(S) QF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Edward E. Spahr and Wendy L. Spahr, husband and wife A SCHEDULE OF DISTRIBUTION, being a fist of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE QF THE TIME AND PLACE OE...T...HE SALE. OF YOUR: PROPERTY, It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YQU,A SHOULD " TAKE THIS PAPER ..TOI. YOU.R.. LAWYER AT gNcE. , GO TO OR 'TELEPHONE THE, OFFICE SET FORTH. BELOW TO. FIND OUT WHERE .YOU CAN GET FREE kEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker, Goldberg & Ackerman, LLC XFP-1691.93 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. Thls petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. Dated: ri:Ja, j g-el GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA l.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XFP-169193/sde 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoidberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC XFP-169193 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN SOUTH IVIIDDLETON TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA. BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT. SAID POINT BEING LOCATED ON THE CENTER LINE OF MILL STREET. FIVE TENTH (.5) MILE NORTHEAST OF THE INTERSECTION OF MILL STREET AND L.R. 41; THENCE NORTH 37 DEGREES 54 MINUTES 40 SECONDS EAST. A DISTANCE OF 88.92 FEET TO A POINT; THENCE NORTH 43 DEGREES 34 MINUTES 40 SECONDS EAST, A DISTANCE OF 100 FEET TO A POINT; THENCE SOUTH 43 DEGREES 29 MINUTES EAST. ALONG LANDS NOW OR FORMERLY OF E, CLINE. A DISTANCE OF 157.73 FEET TO A POINT; THENCE SOUTH 35 DEGREES 54 MINUTES 40 SECONDS WEST ALONG LANDS NOW OR FORMERLY OF D. BOERING. A DISTANCE OF 265.26 FEET TO A POINT; THENCE NORTH 51 DEGREES 24 MINUTES 46 SECONDS WEST. ALONG LANDS NOW OR FORMERLY OF MENGLE. A DISTANCE OF 195.17 FEET TO A POINT. THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 110 Mill Street, Mount Holly Springs, PA, 17065-1715. BEING the same premises which Steven P. Swartz and Mischelel D. Swartz, husband and wife, by Deed dated December 13, 1999 and recorded January 31, 2000 in and for Cumberland County, Pennsylvania, in Deed Book Volume 215, Page 655, granted and conveyed unto Edward E. Spahr and Wendy L. Spahr, husband and wife. Tax Map No.: 40-31-2187-057. Zucker, Goldberg & Ackerman, ILC XFP-169193 €cie Number i i i i i i i i i 9314 7100 1170 0747 8385 28 0 3. Service Type CERTIFIED MAIL 0 4. Restricted Delivery? (Extra Fee) Yes 1. Article Addressed to: a co Edward E. Spahr SUMO 1307 Waterway St SW Palm Bay, FL 32908-6232 COMPLETE THIS SECTION ON DELIVERY A. Received by (Please Print Clearly) B. Date of Delivery C. Signature ALI 2€.54-"1/4-7 Agent Addressee D. is delivery address differ from item 1? if YES, enter delivery address below: Yes No Reference 1 nformation. 169193 PANOSS 6120120/4 9314 7100 1170 0747 8385 28-102 PS Form 3811, January 2005 Domestic Return Receipt 1 UNITED STATES POSTAL SERICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 11111 11111 III 11 II I III III Zucker, Goldberg & Ackerman, LLC PO Box 9076 Temecula, CA 92589-9076 EXHIBIT B Zucker, Goldberg & Ackerman, LLC XFP-169193 NTL Page 2 of 8 UIYITEDST/JTES POSTAL SERVICEa Certificate Of Mailing U.S. POSTAGE>i PITNEY DOW This Certificate of Malllnj provides evidence that mall has been presented to USPS• for mailing. This form may be used for domestk and International man. From' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, N1 07092 XFP-169193/nfe TEAM- C To UNKNOWN TENANT OR TENANTS 110 Mill Street Mount Holly Springs, PA 17065-1715 02 $ 001.20 0001307430 JUL 18 201 To pay fee, affix stamps or meter postage Mn. Postmark Here PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE� Certificate Of Mailing This Certificate of Mallin{ provides evtdence that mall has been presented to USPS• for mailing. This form may be used for clematis and International mall, Rim' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-169193/nfe TEAM- C MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR NEW FREEDOM MORTGAGE CORPORATION PO Box 2026 Flint, MI 48501-2026 County of P.Q.: CUMBERLAND P5 Form 3817, April 2007 PSN 7530-02-000-9065 Cl0Z 91 lnr0£'L910Z0 002.100 $ Z6oLo dIZ 111, SWAM ),3Ntld «3Od1SOd 'sn To pay fee, aff4 stamps or meter portae here. /• r_: Postrnark Her UL y NTL Page 3 of 8 UNITEDSTATES POSTAL SERVICE Certificate Of Mailing This Certificate °f Mailing provides evidence that mall has been presented to USPS• for mailing. This form may be used for domestic and International mall, k°mt Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-169193/nfe TEAM- C T°' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR NEW FREEDOM MORTGAGE CORPORATION 1901 E. Voorhees Street, Suite C Danville, II 61834 County of P.Q.: CUMBERLAND U.S. POSTAGE» PITNEY BOWES ZIP 070 9 0 02 try $ 001.20 000138.7430JUL 18 2014 To pay fee, effht stamps or meter postop here. PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES ap7POSTdL SERVICE* Certificate Of Mailing This Certificate of Melling provides evidence that mall has been presented to USPS• for mailing. This form may be used for domestic and International mall. prom: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-169193/nfe TEAM- C T MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR NEW FREEDOM MORTGAGE CORPORATION 3300 SW 34th Avenue, Suite 101 Ocala, FL 34474 County of P.Q.: CUMBERLAND aw.,e�eM•aee.... PS Form 3817, April 2007 PSN 7530-02-000-9065 17102 91 Tv 0E11/.90Mt Z6OLO dIZ oir 11111)samasAartud 4<39w1SOd •s•n To pay fee, affix stamps or meter postage here. Postmark Mir NTL Page 4 of 8 UNITED STATES POSTAL SERVICE, Certificate Of Mailing This Certificate of Melling provides evidence that mall has been presented to US and International mall. From: Scott A. Dietterick, Esquire Y c/o Zucker, Goldberg & Ackerman, C 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-169193/nfe TEAM- C ` MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR NEW FREEDOM MORTGAGE CORPORATION 2363 South Foothill Drive Salt Lake City UT 84109 County of P.Q.: CUMBERLAND P5 Form 3817, April 2007 PSN 7530-02-000-9065 aUN/TEDSTdTES POSTAL SERVICE Certificate Of Mailing Thls Certificate of Malting provides evidence that mall MI been presented to U5P5• for moiling. This form may be used for domestic and International mall. From' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, Ni 07092 XFP-169193/nfe TEAM- C T°' THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT 451 7th Street S.W., Washington, DC 20410 County of P.Q.: CUMBERLAND PS Form 383.7, April 2007 PSN 7530-02-000-9065 tin ©i 11?r 000.LBS1000 A14 Zia S3ig A.3fJ1ld 31SQd s -n ZIP 07092 $ ©O 02 1Yr 0001387430 JUL To pay fee, utflx stamps or meter poste', hara. Postmark Here 20° 014 To pay fee, affix stamps or meter postage here. NTL Page 5 of 8 UNITED STATES Eralli POSTAL SERVICE Certificate Of Mailing This Certifkete of Marling provides evidence that mail has been present, and international mall, From: Scott A. Dietterick, Esquire me g. Tma Tomr may c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-169193/nfe TEAM- C T°' UNKNOWN SPOUSE 1307 Waterway St SW Palm Bay FL 32908-6232 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 �,UNITED STATES POSTAL SERVICE Certificate Of Mailing Thls Certificate of Melling provides evidence that mall has been presented to USPS" for malRrg. This form may M used for domestic and International mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-169193/nfe TEAM- C To: SOUTH MIDDLETON SCHOOL DISTRICT C/O BOB CAIRNS PO Box 40, Boiling Springs, PA 17007 County of P.Q.. CUMBERLAND P5 Form 3817, April 2007 PSN 7530-02-000-9065 Hoz En inr OEbi9£IOon 14 Z0 0OZ'I.0044,00040dii To pay fu, affix stamps or tinter postap hare. Postmark Here ,tit,} NJ 0,, 001.200 UL 18 2014 rJlr.3.6 1104 To pay fee, affix stamps or meter postege here. Postmark Here NTL Page 6 of 8 UNITED STATES Ma POSTAL SERVICE Certificate Of Mailing rWI/ALT C»ntireTtslw s rialKMMurimmamow This Certificate of Meiling provides evidence that mail has been presented to USPS for and International mall. FM': Scott A. Dietterick, Esquire ailing. This form may be used for domestic c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-169193/nfe TEAM- C T°' SOUTH MIDDLETON SCHOOL DISTRICT 4 Forge Road Boiling Springs, PA 17007 County of P.O.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES MIS POSTAL SERVICE Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to U$PS, for malting. This form may be used for domestic and International mag. Pr°mt Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-169193/nfe TEAM- C T SOUTH MIDDLETON TWP C/O BOB CAIRNS PO Box 40, Boiling Springs, PA 17007 County of P.Q.; CUMBERLAND b40Z 8l -lnr pore 00Z1,00 L° P5 Form 3817, April 2007 PSN 7530-02-000-9065 Z1 °7092 $ 001.200 02 0001387430 JUL 18 2014 To pay fee, affix stamps or meter postage here. Postmark Here f.. ,JUL 18 2014 cLi To pay ice, ens stamps or meter postage here, NTL Page 7 of 8 UNITED STATES Mir POSTAL SERVICE Certificate Of Mailing U.S. POSTAGE» PITNEY BOWES This Certificate of Mailing provides evidence that mail has been presented to USPS* for mailing, This form may be used for domestic and international mall. ffem' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-169193/nfe TEAM- C T°' SOUTH MIDDLETON 1WP 520 Park Drive Boiling Springs, PA 17007 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS for mailing. This form may be used for domestic and International man. pr°n" Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-169193/nfe TEAM- C T°' CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 County of P.Q.; CUMBERLAND PS Form 3817, April 2007 PSN 7530.02-000-9065 I, I0Z S t 7(1r 00/2E1000 ZO 00Z.L'00 $ Zeno cil7 s7teaeA 1Ia 9V,ISOd 'ST) ZIP °7°92 $ 001.20° 02 119 0001387430 JUL 18 2014 To pay Ise, affix stamps or meter postage here. Postmark Here s .111L 18 21111iT To pay fee, affix stamps or meter postage here. NTL Page 8 of 8 UNITEDSTdTES Cita POSTAL SERVICE® Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS• for mailing. This form may be used for domestk and International mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-169193/nfe TEAM- C T°' PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 County of P.Q.: CUMBERLAND P5 Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES Erili POSTAL SERVICE® Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS' for mailing. This form may M used for domestic and International mall. From' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-169193/nfe TEAM- C To: UNKNOWN SPOUSE 110 Mill Street Mount Holly Springs, PA 17065-1715 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 4l OZ 81 inr o£ Pao °nno o 002.600 $ ZS0L0•d;Z 'tea. s3rnOta tRNIM<.<9b1 '511 • U.S. POSTAGE» PITNEY BOWES ZIP 07092 $ 001.200 02 IVY 0001387430JUL 18 2014 To pay fee, affix stamps or miter postage here. Postmark Here IttO To pay fee, affix stamps or meter postage here. NTL Page 8 of 8 UNITED STATES Erdili POSTAL SERVlCEW Certificate Of Mailing U S POSTAGE') PITNEY BOWES This Certificate of Malting provides evidence that mall has been presented to USPS for mailing. This form may be used for domestic and International mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-155554/nfe TEAM- C m: UNKNOWN SPOUSE 4604 North Clearview Drive Camp Hill, PA 17011 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 ZIP 02 00V7092 $ 001.200 0001387430 JUL 17 2014 To pay lee, affix stamps or meter postage hare. Postmark Here IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, N.A. CIVIL DIVISION Plaintiff, vs. Edward E. Spahr; Wendy L. Spahr; Defendants. NO.: 13-208 CIVIL Notice of the Date of Continued Sheriff Sale The Sheriff Sale scheduled for September 3, 2014 at 10:00 AM in the above captioned matter has been continued until November 5, 2014 at 10:00 AM. BY: Dated: September 2, 2014 ZUCKER, GOLDBERG & ACKERMAN, LLC Q Christina Covert, Legal Assistant File No.: XFP-169193 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association vs. Edward E. Spahr; Wendy L. Spahr; Plaintiff, Defendants. CIVIL DIVISION NO.: 13-208 CIVIL MOTION TO REFORM MORTGAGE TO ATTACH CORRECT LEGAL DESCRIPTION AND NOW, comes Bank of America, National Association ("Plaintiff"), by and through its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Motion to Reform Mortgage to Attach Correct Legal Description as follows: 1. Defendant(s) Edward E. Spahr and Wendy L. Spahr executed a Note, dated November 20, 2003, in favor of Plaintiff in the original principal amount of $103,234.00 ("Note"). 2. As security for the Note, Defendant(s) Edward E. Spahr and Wendy L. Spahr, husband and wife (hereinafter "Defendant(s)") executed a Mortgage dated of even date and even amount, securing said Note on real property and improvements thereon commonly known as 110 Mill Street, Mount Holly Springs, PA 17065-1715 ("Real Property"), with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on December 11, 2003, Book 1848 Page 1032 (hereinafter "Mortgage"). 3. At the time of the recordation of the Mortgage the incorrect legal description to the Real Property was attached, as inadvertently the recorded legal description is missing a portion of the metes and bounds recital. 4. If the erroneous legal description in the recorded Mortgage stands, Plaintiff will be unfairly prejudiced as it will have post -sheriff sale issues with the description to the Real Property. 5. There is no prejudice to any party by the reformation of the Mortgage since the legal description otherwise is correct, and is indexed to the proper street address. 6. Consequently, in the spirit of equity and justice, Plaintiff is entitled to its Mortgage being reformed to remove the current legal description of the Mortgage and attach the correct legal description, a true and correct copy of which is attached hereto as Exhibit "A" (hereinafter Legal Description). Zucker, Goldberg & Ackerman, LLC XFP-169193 WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Plaintiff's Motion to Reform Mortgage and enter an Order to replace the Legal Description of the Real Property, with said Order to be recorded by the Recorder of Deeds in and for Cumberland County, Pennsylvania, confirming that the Mortgage granted by Defendants in the amount of $103,234.00 dated November 20, 2003, and recorded in the Office of the Recorder of Deeds of Cumberland County on December 11, 2003, in Book 1848, Page 1032, shall be deemed to include the attached Legal Description rather than the legal description currently attached to the Mortgage. By: Dated: November 4, 2014 ZIOC R,GOLDB'G&A Scott A. ietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Roger Fay, Esquire; PA I.D. #315987 Attorneys for Plaintiff XFP-169193/KAB-PA 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XFP-169193 LEGAL DESCRIPTION ALL THAT CERTAIN trot .of land situate h South Mlddlston Townahlp, .CumbedandCourty, Perrnsylvaniaaballed! d'and decarlbed it follow IfNNINtli at a point, eatld paint b81i • tsd'ori :the center lir of M'fl Street. five tech (4) mite nartheacst of the inter Clots of Nlial $treet .snd L.R,. 41; ihenoe Natio 37 degree* 64 fnintdes 4Q"•seeonde t,;a O etone:a t:08 92 feet to a:ipbin thence NOM 43 dedneea 34' 1nutas 40 sdoand East, s diatettce ;of 100 feet Io" a point; therm,. North 49 degrees 2D" eilhOtas 24'aeoondat Eaati a distance 01190 feet to a polo ttiesr - Aouth 43 degree 29 m lnutes 06et, atom lin* neer arfr rly of E. Glhrtd.:u:dlaitfmce. 7!67,73: feel toss Pc411; Botait .36 dogmas 1: minutes 44 a tanrls;.W+ " cads now yr 10110y eft), oaring, a dletttoo of 266.2 bait) a Int; degraea 24 Oradea 4 Seconds West, alongland; noworfom %udy df Moils cit 185:17 f tto a pOkd,, tfiap1toe of REGIIIPiple. EXHIBIT "A" Zucker, Goldberg & Ackerman, LLC XFP-169193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association vs. Edward E. Spahr; Wendy L. Spahr; CIVIL DIVISION Plaintiff, NO.: 13-208 CIVIL Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of Plaintiff's Motion to Reform Mortgage to Correct Legal Description was served on the following this 4th of November, 2014, via First Class U.S. Mail, Postage Pre -Paid: Edward E. Spahr 1307 WATERWAY ST SW, PALM BAY FL 32908-6232 Wendy L. Spahr 1307 WATERWAY ST SW, PALM BAY FL 32908-6232 By: Dated: November 4, 2014 ZU R, GOLDS, RG & ACKERMAN, LLC Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Roger Fay, Esquire; PA I.D. #315987 Attorneys for Plaintiff XFP-169193/KAB-PA 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XFP-169193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association vs. Edward E. Spahr; Wendy L. Spahr; CIVIL DIVISION Plaintiff, NO.: 13-208 CIVIL Defendants. ORDER OF COURT AND NOW, this 10 day of A./001•44e , 20 f'f , upon consideration of Plaintiff's Motion to Reform Mortgage to Attach Correct Legal Description, it is hereby ORDERED, ADJUDGED AND DECREED that the Mortgage, granted by Defendants in the amount of $103,234.00 dated November 20, 2003, and recorded in the Office of the Recorder of Deeds of Cumberland County on December 11, 2003, Book 1848, Page 1032 ("Mortgage"), shall be reformed to attach the attached Legal Description. It is further ORDERED the Cumberland County Recorder of Deeds shall record/have recorded a certified copy of this Order, along with the Legal Description attached to Plaintiff's Motion as Exhibit "A", and shall have such copy indexed in/with the land records concerning the Mortgage, as evidencing the aforementioned reformation of the Mortgage. &jy ma, / 1214/ rn m _ cn r 37> c-3 � c -o Zucker, Goldberg & Ackerman, LLC XFP-169193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, N.A. vs. Edward E. Spahr; Wendy L. Spahr; Plaintiff, Defendants. CIVIL DIVISION NO.: 13-208 CIVIL Notice of the Date of Continued Sheriff Sale The Sheriff Sale scheduled for November 5, 2014 at 10:OOam in the above captioned matter has been continued until December 3, 2014 at 10:OOam. BY: Dated: November 4, 2014 ZUCKER, GOLDBERG & ACKERMAN, LLC Christina Covert, Legal Assistant File No.: XFP-169193 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com