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HomeMy WebLinkAbout13-2453 For Prothonotary Use Only: Supreme Court pf' Pe nnsylv fir Cour# f com r P lea s 1?ti �t Docket No. =Cum eir and County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required b � law or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking t C Lead Plaintiffs Name: Freedom Mortgage Corporation Lead Defendant's Name: Henderson R. Green T I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑ within arbitration limits 0 (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? []Yes ® No A Name of Plaintiff /Appellant's Attorney: McCabe Weisberg and Conway, P.C. ❑ Check here if you have no attorney (a Self- Represented (Pro Sel .Litigant) T Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment I ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Department of Transportation ❑ Premises Liability (does not include ❑ Statutory Appeal: Other S mass tort) E ❑ Slander /Libel/ Defamation ❑ Employment Dispute: ❑ Other: Discrimination C ❑ Employment Dispute: Other ❑ Zoning Board T 11 Other ? I 1 0 ❑ Other MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES B ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Disput ❑ Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order 1 PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto i ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: i ❑ Other Professional: Updated 1/1/20' tid�Y _3 �dp HE PRO 1 813 �U�BERC A� ! 1: J P EjVNS Y� A N1gAd T Y McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215 ) 790 -1010 Freedom Mortgage Corporation Cumberland County 907 Pleasant Valley Avenue Suite 3 Court of Common Pleas Mt. Lurel, NJ 08054 V. Number Henderson R. Green 3105 Old Gettysburg Road Camp Hill, PA 17011 COMPLAINT IN MORTGAGE FORECLOSURE s C,� l File # 68439 Page I o NOTICE AVISO You have been sued in court. If you wish to defend Le han demandado a usted en la cone. Si usted quiere against the claims set forth in the following pages, you defenderse de estas demandas ex- puestas en las paginas must take action within twenty (20) days after this siguientes, usted tiene veinte (20) dias de plazo at partir complaint and notice are served, by entering a written de la fecha de la demands y la notification. Hace falta appearance personally or by attorney and filing in asentar una comparencia escrita o en persona o con un writing with the court your defenses or objections to the abogado y entregar a la corte en forma escrita sus claims set forth against you. You are warned that if you defensas o sus objeciones a las demandas en contra de fail to do so the case may proceed without you and a su persona. Sea avisado que si usted no se defiende, la judgment may be entered against you by the court corte tomara medidas y puede continuar la demanda en without further notice for any money claimed in the contra suya sin previo aviso o notification. Ademas, ]a complaint or for any other claim or relief requested by corte puede decidir a favor del demandante y requiere the plaintiff. You may lose money or property or other que usted cumpla con todas las provisiones de esta rights important to you. demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT USTED LE DEBE TOMAR ESTE PAPEL A HAVE A LAWYER, GO TO OR TELEPHONE THE SU ABOGADO INMEDIATAMENTE. SI USTED NO OFFICE SET FORTH BELOW. THIS OFFICE CAN TIENE A UN ABOGADO, VA A O TELEFONEA LA PROVIDE YOU WITH INFORMATION ABOUT OFICINA EXPUSO ABAJO. ESTA OFICINA LO HIRING A LAWYER. PUEDE PROPORCIONAR CON INFORMATION IF YOU CANNOT AFFORD TO HIRE A ACERCA DE EMPLEAR A UN ABOGADO. LAWYER, THIS OFFICE MAY BE ABLE TO SI USTED NO PUEDE PROPORCIONAR PROVIDE YOU WITH INFORMATION ABOUT PARA EMPLEAR UN ABOGADO, ESTA OFICINA AGENCIES THAT MAY OFFER LEGAL SERVICES PUEDE SER CAPAZ DE PROPORCIONARLO CON TO ELIGIBLE PERSONS AT A REDUCED FEE OR INFORMACION ACERCA DE LAS AGENCIAS NO FEE. QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN Cumberland County Bar Association HONORARIO REDUCIDO NI NINGUN 32 South Bedford Street HONORARIO. Carlisle, PA 17013 (800) 990 -9108 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 File # 68439 Page 2 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Freedom Mortgage Corporation . 2. The Defendant is Henderson R. Green, who is the mortgagor and owner of the mortgage property hereinafter described, and his /her last -known address is 3105 Old Gettysburg Road, Camp Hill, PA 17011. 3. On September 24, 2009, Henderson R. Green, mortgagor, made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as Nominee for Freedom Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument Number 200934922 ( "the Mortgage "), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 4. On August 2, 2012, the Mortgage was assigned by Mortgage Electronic Registration Systems, Inc. as Nominee for Freedom Mortgage Corporation to Freedom Mortgage Corporation, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Instrument Number 201224710, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 5. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 307 Mount Allen Drive, Mechanicsburg, Pennsylvania 17055. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due July 1, 2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. File # 68439 Page 3 t 7. The following amounts are due on the mortgage: Principal Balance $ 129,464.09 Interest through May 17, 2013 $ 5,549.34 (Interest due and owing at a variable rate, currently $15.68 per diem) Late Charges $ 106.48 Attorney's Fee $ 1,650.00 Escrow Advance $ 1,142.21 Property Inspection Fees $ 160.00 GRAND TOTAL $ 138,072.12 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment againstthe Defendant in the sum of $138,879.62, together with interest due and owing at a variable rate, currently $15.68 per diem, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCAB , WEISBERG AND CONWAY, P.C. BY: [ ] Terrence J cCa e, Esquire [ ] Marc S. Weisberg, Esquire [ ] Edward D. Conway, Esquire { J Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Kevin T. McQuail, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire ( ] Joseph I. Foley, Esquire [ ] Celine P. DerKrikorian, Esquire Attorneys for Plaintiff File # 68439 Page 4 t' VERIFICATION The undersigned TIFFANY WONG - does hereby certify that he /she is Vice President of LoanCare and that LoanCare has been duly nominated and appointed by Freedom Mortgage Corporation, Plaintiff herein, as its mortgage servicing agent in regard to the mortgage loan which is the subject of this action. Freedom Mortgage Corporation lacks sufficient knowledge or information to make this verification but, in its capacity as mortgage servicing agent for Freedom Mortgage Corporation, LoanCare does have sufficient knowledge or information to do so in accordance with 1024(c)(1) Pa.R.C.P. I have personal knowledge of all matters stated in the foregoing Complaint and have been authorized to make this Verification on plaintiff's behalf and do hereby verify that the facts as set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Freedom Mortgage Corporation By: LoanCare, a Division of FNF Servicing, Inc., as attorney in fact under a limited power of attorney Dated: me: AN VUONG Title: T�e 0 ent Name: Freedom Mortgage Corporation v. Henderson R. Green File # 68439 Page 5 Exhibit A All that certain piece of parcel of land situate in Upper Allen Township, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: Beginning at a point in the center of a public road, known as Mt. Allen Drive, leading from U.S. Route 15 to Bowmansdale, said point being South 27 degrees, 45 minutes 00 seconds East, two hundred fifty -eight and twenty hundredths (258.20) feet and South 09 degrees 00 ' minutes 00 seconds East, ninety and zero hundredths (90.00) feet, from the southwestern corner of land of L.C' Shumbaugh, Jr.; thence along the center line of said public road, known as Mt. Allen Drive, South 09 degrees 00 minutes 00 seconds East, ninety and zero hundredths (90.00) feet to a point at the corner of Lot No. 5 in the Plan of Lots of Paul T. Shearer and I. S. Eberly known as Reservoir Hill; thence along said Lot No. 5, North 81 degrees 00 minutes 00 seconds East, one hundred forty -two and forty -seven hundredths (142.47) feet to a point; thence along Lot No. 33 in said Plan of Lots,'North 09 degrees 00 minutes 00 seconds West, ninety and zero hundredths (90.0) feet to a point; thence along Lot No. 3 in said Plan of Lots South 81 degrees 00 minutes 00 seconds cast, one hundred forty -two and forty-seven hundredths (142.47) feet to a point in the center line of the public road aforesaid, the place of beginning. BEING Lot No. 4 in the Plan of Lots of Paul T. Shearer and I.S. Eberly known as i "Reservoir Hill ", which plan is.of record in the Cumberland County recorder of Deeds Office in Plan Book No. 1 l at Page 8. ** For Informational Purposes Only ** The improvements thereon being known as 307 Mt. Allen Drive, Mechanicsburg, PA 17055 BEING the same property conveyed to Henderson R. Green from Robert E. Himes and Evalyn A. Himes, by Deed'dated October 26, 2004, and recorded on October 28, 2004, in Book 265, Page 4739, as Instrument No. 2004- 043757, among the Land Records of Cumberland County, Pennsylvania. Tax 1D#: 42 -28 -2423 -025 FORM I Freedom Mortgage Corporation IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBER-LAND COUNTY, PENNSYLVANIA C.) VS. 03 rn Henderson R. Green Civil rn:;a Defendant NOTICE OF RESIDENTIAL MORTGAGE FORECL(ft DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference.First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date. During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf, If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your tender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE.THIS PROGRAM IS FREE. Respectfully submitted: Date [Signature of Counsel for Plaintiff] 68439 Page 1 ^ J� FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOM ER/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes 0 No 0 Listing date: Price$ Realtor Name: Realtor Phone: Borrower Occupied? Yes 0 No 0 Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on household: How long? CO-BORROWER Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount$ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes 0 No 0 r If yes,provide names, location of court, case number&attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 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 Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance? Yes❑No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes❑No❑ If yes,please indicate the status of those negotiations: Please provide the following information, if known,regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We.understand that I/we am/are under no obiligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days f Copy of a current utility bill f Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement(if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY, Ronny R Anderson s� Sheriff xx tr di C-11)j1 , Jody S Smith '� �'' Chief Deputy cou Richard W Stewart " '" K� �' U .► \ Solicitor �- r Freedom Mortgage Corporation Case Number vs. Henderson R Green 2013-2453 SHERIFF'S RETURN OF SERVICE 05/09/2013 07:41 PM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Henderson R Green, personally, at 177 Joya Circlem, Harrisburg, PA 17112. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 05/10/2013 05:23 PM - Ronny R.Anderson, Sheriff, being duly sworn according to law, attempted service to the Defendant, to wit: Henderson R Green at 307 Mount Allen Drive, Upper Allen, Mechanicsburg, PA 17055. The address was found to be vacant. Deputies did advise that service was not made at the 3105 Old Gettysburg Road, Camp Hill address that was provided, that address is an attorney's office who no longer represents the defendant but did state that the defendant did previously file bankruptcy using that office and the case number for that bankruptcy filing is#1:12-bk-04340-RNO. 05/13/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Henderson R Green, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. SHERIFF COST: $75.25 SO ANSWERS, May 13, 2013 RON ^ R ANDERSON, SHERIFF (c)CountySuite Sherit(,Teleosoft,Inc. u Shelley Ruhl Jack Duignan Real Estale Deputy ?° Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania FREEDOM MORTGAGE CORPORATION VS County of Dauphin HENDERSON R. GREEN Sheriff s Return No. 2013-T-1484 OTHER COUNTY NO. 2013-2453 And now: MAY.9, 2013 at 7:41:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon HENDERSON R. GREEN by personally handing to HENDERSON R. GREEN 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 177 JOYA CIRCLE HARRISBURG PA 17112 Sworn and subscribed to So Answers, before me this 10TH day of May, 2013 leAl(— Sheriff of Da m CountP By .- COMMONWEALTH OF PENNSYLVANIA De ty Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $49.25 5/8/2013 My Commission Expires August 17,2014 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintir_ C:" MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 W 4C-') HEIDI R. SPIVAK,ESQUIRE-ID#74770 CD MARISA J.COHEN,ESQUIRE-ID#87830 y c n ; KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 T' i BRIAN T.LAMANNA,ESQUIRE-ID#310321 .G ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH 1.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Freedom Mortgage Corporation CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Henderson R.Green Number 13-2453 Defendant ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant,Henderson R.Green,in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure, and assess damages as follows: Principal $ 138,072.12 Interest from 05/18/13 to 06/11/13 $ 392.00 Total $ 138,464.12 McCABE,WEISBERG D CO BY: [ ]Terrence J. c abe [ ]Marc S. Weisberg,l:sq. [ J Edward D C sq. [ ]Margaret Gairo, Esq. [ ]Andrew L.M witz,Esq. [ ]Heidi R. Spivak, Esq. [ ]Marisa J.C en,Esq. [ ]Kevin T.McQuail, Esq. [ ] Christine L.Graham,Esq. �rian T. LaManna, E-sq. [ ]Ann E. Swartz,Esq. [ ]Joseph F. Riga, Esq. [ ]Joseph I.Foley,Esq. [ ]Celine P. DerKrikorian,Esq. Attorneys for Plaintiff AND NOW,this day of :�,2013,Judgment is entered in favor of Plaintiff, Freedom Mortgage Corporation,and against Defendant,Henderson R.Green,in rem only and not in personain,and damages are assessed in the amount of$138,464.12,plus interest an osts. B HE P ON RY: C4/ ## 013 14 Sg uF�-i,�P mn,lid McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 2.8009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH 1.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215)790-1010 Freedom Mortgage Corporation CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Number 13-2453 Henderson R.Green Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned,being duly sworn according to law,deposes and says that the Defendant,Henderson R.Green, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C.App. §501,et seq.;and that the Defendant,Henderson R. Green,is over eighteen(18)years of age,and resides as follows: Henderson R.Green 177 Joya Circle Harrisburg,Pennsylvania 17112 McCABE,WEISBERG CONW SWORN AND SUBSCRIBED BY: BEFORE ME THIS�i-L DAY [ ]Terrence J c sq. [ ]Marc S.Weisberg,Esq. [ ]Edward . onway,E . [ ]Margaret Gairo,Esq. OF ►l� 12013 [ ]Andrew L.Marko ' z,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ]Kevin T.McQuail,Esq. Christine L.Graham,Esq. [Brian T.LaManna,Esq, NOTARY LIC [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian,Esq. :110 am eta Attorneys for Plaintiff City ,i i't� a �, t`it,,l=,u? . ty Lmy conlrl:sslOn SE ikL .s:, to re�j McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Freedom Mortgage Corporation COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Number 13-2453 Henderson R.Green Defendant AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned, attorney for the Plaintiff in the within matter,being duly sworn according to law,hereby depose and say that the last-known mailing address of the Defendant is: Henderson R.Green 177 Joya Circle Harrisburg,Pennsylvania 17112 McCABE,WEISBERG C N . .. SWORN AND SUBSCRIBED BY: BEFORE ME THIS DAY [ ]Terrence J. Cab ]Marc S.Weisberg,Esq. [ ]Edward D. o y, q. [ ]Margaret Gairo,Esq. OF �vV�s! 2013 [ ]Andrew L.Marko ,t', sq. [ ]Heidi R. Spivak,E:sq. [ ]Marisa J.Cohe q. [,,]Xe��v!n T.McQuail,Esq. [ ]Christine L.Graham,Esq. ]Brian T. LaManna, Esq. NOTAR UB�W [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. Attorneys for Plaintiff COMMONWEALTH OF P�h!NSYLVAN!A NOTARIAL SEAL MAIA KUSHICK,!votary Public 01fy of Philade hip,Phila.County M Commission x fires May 10,2017 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Freedom Mortgage Corporation CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Number 13-2453 Henderson R.Green Defendant CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff,being duly sworn according to law,deposes and says that a letter was deposited in the United States Mail notifying the Defendant that judgment would be entered against within ten(10)days from the date of said letter in accordance with Rule 237.5 ofthe Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit"A". McCABE,WEISBERG A SWORN AND SUBSCRIBED BY: BEFORE ME THIS i44"-DAY T J M e, s ]Marc S.Weisberg, Esq. Terrence J. sq. ]Margaret Gairo, Esq, Edward D OF 2013 Andrew L.StrFl�owitz,161q. [ ]Heidi R. Spivak, 'Esq. Marisa J.Cohen,Esq, [ ] Ke rl T. McQuail, ["sq. Christine L.Graham,Esq. [,Wrijan T.LaManna, Esq. NOTARY -PUBZX Ann E. Swartz,Esq. Joseph F. Riga,Esq. f Joseph 1.Foley,Esq. Celine P. DerKrikorian,Esq. Attorneys for Plaintiff 1,®RNA P, ctv,0%?. . MY VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative,who is out of jurisdiction and not available to sign this verification at this time,are true and correct to the best of his/her knowledge,information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE,WEISBERG A "C. BY: [ )Terrenc . e,Esq. [ ]Marc S.Weisberg,I;sq. [ ]Edw Eway,Esq. [ ]Margaret Gairo, lsq. An ew .14owitz,Esq. [ ]Heidi R.Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ evm T.McQuail,Esq. [ ]Christine L.Graham,Esq. Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. [ )Joseph F.Riga,Esq. { ]Joseph I.Foley,Esq. [ ]Celine P. DerKrikorian,Esq. Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse,Carlisle,Pennsylvania 1701.3 Curt Long Prothonotary May 31, 2013 To: Henderson R. Green 177 Joya Circle Harrisburg,Pennsylvania 17112 Freedom Mortgage Corporation Cumberland County vs. Court of Common Pleas Henderson R. Green Number 1.3-2453 Civil NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE YOU ARE IN DEFAULT BECAUSE YOU HAVE 17AILED TO ENTER A USTED SE ENCUENTRA 1-1-N ESTADO DE RL'BELDIA POR NO HADER WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN PRES'ENTADO UNA COMPARECFNCIA ESCRITA, YA SEA WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE, PERSONALMENTE 0 POR ABOGADO Y POP,NO HABER RADICADO POR CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10) FSCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS DAYS FROM THE DATE"OF THIS NOTIC14 A JUDGMENT MAY BE ENTERED RECLAMOS FORMULADOS EN CONTRA SUYO. Al. NO TOMAR LA AGAINST YOU WIT14OUT A HEARING AND YOU MAYLOSE YOUR PROPERTY ACCION DEBIDA DENI'RO DE DIFZ(10)DIAS m LA FECHA DE ESTA OR OTHER IMPORTANT RIGHTS. NOTIFICACION, EL TRIBUNAL PODRA, SIN NF..CESIDAD DE YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE•,. IF YOU COMPARECER USTED EN CORTL"- U OIR PREUBA ALGUNA, D1C'rAR DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH SENTENCIA EN SU CONTRA Y USTLiD PODRIA PERDER BIENES U OTROS BrLOw. THIS OI FICF CAN PROVIDE YOU WITH INFORMATION ABOUT DERECHOS IMPORTANTrS. HIRING A LAWYER. USTED LE DEBE TOMAR FSTE PAPEI, A SU ABOGADO 11'YOUCANNOTAPFORDTO HIRE A LAWYER,THISOFFICEMAYBEABLE INMEDIATAMENTE. Sl USTED NO TIENE A UN ABOGADO, VA A O TOPROVIDEYOUIWITH INFORMATION ABOUTAGL'NCIF,S THAT MAY OFFER TELEFONEA LA OFICINA F\PUSO ABAJO.ESTA OFICINA LA PUEDE LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PROPORCIONAR CON 1NFORMACION ACERCA DE EMPLrAR A UN ABOGADO. Cumberland County Bar Association St USTED NO PUEDFPROPORCIONARPARA EMPLEARUN ABOGADO, 32 South Bedford Street ESTA OFICINA PUEDF SER C:APAZ Dr.. PROPORCIONARLO CON Carlisle,Pennsylvania 17013 INFORMAC10N ACERCA DE LAS AGENCIAS QUE PUEDrN OPRECERLOS (800)990-9108 SERVICIOS L.EGALF.S A PERSONAS ELEGIBLPS EN UN HONORARIO REDUCIDO NI NINGIIN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 MICA , EIS RR G,A� CO AY,P.C. BY: [ ]Te ,nce.J.McCabe,E wire [ ] Marc S. Weisberg,Esquire [ dward D.Conway,Esquire 1 ] Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire ]Marisa J.Cohen,Esquire [ ]Kevin T.McQuail, Esquire [ ]Christine L.Graham,Esquire [ ]Brian T.LaManna, Esquire ] Ann E.Swartz,Esquire [ ]Joseph F. Riga,Esquire Alioseph 1.Foley,Esquire Attorneys for Plaintiff dao Results as of:Jun-}1.2013 06:26:06 -Department of Defense Manpower Data Center SCRA 3.0 €. Staters Deport 5 P musrrt to SeMcemmbm Civil Rolief Act Last Name: GREEN First Name: HENDERSON Middle Name: Active Duty Status As Of: Jun-11-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component •N-N = r�.rte 1. NA NA fJ,'i"� 1."r-^.._" � .».:-rid' N NA This response reflecs e'in_]�id u « als'a-dNe duy satus lwsad-oZn i h dArWn1 ,Status Data Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Data Active Duty End Date Status t Service Component NA " �3NA 't NA This response reflects where tiffs individual left actve duty status within 367 Bays preceding the Active Duty Status Date The Member or Ha/Her Unit Was Notified of a Future Cali-Up to Active Duty on Active Duty Status Data Order Notification Start Data Order Notification End End Data Status, Service Component NA NA r7 C, , r�,.i"rte✓No£tiff'y! NA This response reflects whether ttie individual Zr itisiher unit has receWed eady notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center;"based on the Information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Carps,Air Farce,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. 1A 4 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 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.htmi. if you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: Y3R21772X08B200 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle,Pennsylvania 17013 Prothonotary To: Henderson R.Green 177 Joya Circle Harrisburg,Pennsylvania 17112 Freedom Mortgage Corporation COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Henderson R.Green No. 13-2453 Defendant NOTICE Pursuant to Rule 236,you are hereby notified that a JUDGMEN3heen e red in t a Bove proceedi as indicated below. Protho X Judgment by Default �13'+ Money Judgment Judgment in Replevin _ Judgment for Possession If you have any questions concerning this Judgment,please call McCabe Weisberg and Conway, P.C.at(215)790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION FILE NO.: 13-2453 Civil Term Freedom Mortgage Corporation V. AMOUNT DUE: $138,464.12 =2 xca C— Henderson R. Green INTEREST: from 06/12/13 --J $4,005.76 at$22.76 ATTY'S COMM.: CD COSTS: C:) C:-,M TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale,contract,or account based on a confession of judgment,but if it does,it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended;and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs upon the following described property of the defendant(s) 307 Mount Allen Drive,Mechanicsburg,Pennsylvania 17055 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs,as above, directing attachment against the above-named garnishee(s)for the following property(if real estate,supply six copies of the description;supply four copies of lengthy personalty list) and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s). —(Indicate)Index this writ against the gamishee(s)as a]is pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 7 Z- BY: 150 pc� Terrence J.McCabe,Esq. 1,]Narc S. Weisberg,Esq. Edward D.Conway,Esq. Margaret Gairo,Esq. Andrew L.Markowitz,Esq. Heidi R. Spivak,Esq, I J�Marisa J.Cohen,Esq. Kevin T.McQuail,Esq. x4 Christine L.Graham,Esq. Brian T.LaManna,Esq. ]Ann E. Swartz,Esq. Joseph F.Riga,Esq. ]Joseph 1,Foley,Esq. Celine P.DerKrikorian,Esq, Attorneys for Plaintiff C1 nnq 00 Firm:MCCABE,WEISBERG AND CONWAY Clio, Alt Address:123 S.Broad Street, Suite 1400 Philadelphia,PA 19109 Attorney for-Plaintiff Telephone: (215)790 1010 Supreme Court ID No. ��. ill r �'�-, �� �x �S vex/ LL- P w LEGAL DESCRIPTION ALL THAT CERTAIN piece of parcel of land situate in Upper Allen Township, County of Cumberland,and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point in the center of a public road,known as Mt.Allen Drive, leading from U.S.Route 15 to Bowmansdale,said point being South 27 degrees,45 minutes 00 seconds East,two hundred fifty-eight and twenty hundredths(258.20)and South 09 degrees 00 minutes 00 seconds East,ninety and zero hundredths(90.00)feet, from the southwestern corner of land of L.C. Shumbaugh,Jr.;thence along the center line of said public road,known as Mt. Allen Drive, South 09 degrees 00 minutes 00 seconds East,ninety and zero hundredths(90.00)feet to a point at the corner of Lot No. 5 in the Plan of Lots of Paul T. Shearer and I. S. Eberly known as Reservoir Hill;thence along said Lot No. 5,North 81 degrees 00 minutes 00 seconds East,one hundred forty-two and forty-seven hundredths(142.47) feet to a point;thence along Lot No. 33 in said Plan of Lots,North 09 degrees 00 minutes 00 seconds West,ninety and zero hundredths(90.00)feet to a point;thence along Lot No. 3 in said Plan of Lots South 81 degrees 00 minutes 00 seconds east,one hundred forty-two and forty-seven hundredths(142.47)feet to a point in the center line of the public road aforesaid,the place of BEGINNING. BEING Lot No.4 in the Plan of Lots of Paul T. Shearer and 1. S.Eberly known as Reservoir Hill,which plan is of record in the Cumberland County Recorder of Deeds Office in Plan Book No. 11,at Page 8. HAVING ERECTED THEREON a dwelling house being known and numbered as 307 Mt.Allen Drive, Mechanicsburg,Pennsylvania. 307 Mount Allen Drive,Mechanicsburg,Pennsylvania 17055. BEING the same premises which ROBERT E.HIMES AND EVALYN A.RIMES,HUSBAND AND WIFE by deed dated October 26,2004 and recorded October 28,2004 in the office of the Recorder in and for Cumberland County in Deed Book 265,Page 4739,granted and conveyed to Henderson R. Green,a single individual, in fee. TAX MAP PARCEL NUMBER:42-24-2423-025 r L i . McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 CD. ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F. RIGA,ESQUIRE-ID#57716 t JOSEPH I. FOLEY,ESQUIRE-ID#314675 =M CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 I'c-) _CD Freedom Mortgage Corporation CUMBERLAND COUNTY f COURT OF COMMON PLEAS . .r Plaintiff V. NO: 13-2453 Henderson R. Green Defendant AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 307 Mount Allen Drive,Mechanicsburg,Pennsylvania 17055, as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Henderson R. Green 177 Joya Circle Harrisburg,Pennsylvania 17112 2. Name and address of Defendant in the judgment: Name Address Henderson R. Green 177 Joya Circle Harrisburg,Pennsylvania 17112 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Wells Fargo Financial Bank. 3201 N.4th Ave Sioux Falls, South Dakota 57104 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 307 Mount Allen Drive Mechanicsburg,Pennsylvania 17055 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA-17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O.Box 320 Cumberland County Carlisle,PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street, Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S. Dept of Justice,Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States of America c/o U.S.Dept of Justice,Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 'l L BY: r [ ] Terrence J.McCabe,Esq. [ ] Marc S.Weisberg,Esq. DATE [ ]Edward D. Conway,Esq. ] Margaret Gairo,Esq. [ J Andrew L.Markowitz,Esq. [ ] Heidi R. Spivak,Esq. [ ],Marisa J.Cohen,Esq. [ ] Kevin T.McQuail,Esq. [vI Christine L.Graham,Esq. [ ] Brian T.LaManna,Esq. [ J Ann E.Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ] Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece of parcel of land situate in Upper Allen Township,County of Cumberland,and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point in the center of a public road,known as Mt.Allen Drive,leading from U.S.Route 15 to Bowmansdale,said point being South 27 degrees,45 minutes 00 seconds East,two hundred fifty-eight and twenty hundredths(258.20)and South 09 degrees 00 minutes 00 seconds East,ninety and zero hundredths(90.00)feet,from the southwestern corner of land of.L.C. Shumbaugh,Jr.;thence along.the.center line of said public road,known as Mt. Allen Drive,South 09 degrees 00 minutes 00 seconds East,ninety and zero hundredths(90.00)feet to a point at the corner of Lot No, 5 in the Plan of Lots of Paul T. Shearer and I. S.Eberly known as Reservoir Hill;thence along said Lot No. 5,North 81 degrees 00 minutes 00 seconds East,one hundred forty-two and forty-seven hundredths(142.47) feet to a point;thence along Lot No. 33 in said Plan of Lots,North 09 degrees 00 minutes 00 seconds West,ninety and zero hundredths(90.00)feet to a point;thence along Lot No. 3 in said Plan of Lots South 81 degrees 00 minutes 00 seconds east,one hundred forty-two and forty-seven hundredths(142.47)feet to a point in the center line of the public road aforesaid,the place of BEGINNING. BEING Lot No.4 in the Plan of Lots of Paul T.Shearer and 1. S.Eberly known as Reservoir Hill,which plan is of record in the Cumberland County Recorder of Deeds Office in Plan Book No. 11,at Page 8, HAVING ERECTED THEREON a dwelling house being known and numbered as 307 Mt.Allen Drive, Mechanicsburg,Pennsylvania. 307 Mount Allen Drive,Mechanicsburg,Pennsylvania 17055. BEING the same premises which ROBERT E.HIMES AND EVALYN A.HIMES,HUSBAND AND WIPE by deed dated October 26,2004 and recorded October 28,2004 in the office of the Recorder in and for Cumberland County in Deed Book 265,Page 4739,granted and conveyed to Henderson R. Green,a single individual,in fee. TAX MAP PARCEL NUMBER:42-24-2423-025 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 ' JOSEPH 1.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 ?? Philadelphia,Pennsylvania 19109 ice—, (215)790-1010 CIVIL ACTION LAW _ ; = Freedom Mortgage Corporation COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Henderson R. Green Number 13-2453 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Henderson R. Green 177 Joya Circle Harrisburg,Pennsylvania 17112 Your house(real estate)at 307 Mount Allen Drive,Mechanicsburg,Pennsylvania 17055 is scheduled to be sold at Sheriffs Sale on December 4,2013 at 10:00 a.m.in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013 to enforce the court judgment of$138,464.12 obtained by Freedom Mortgage Corporation against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Freedom Mortgage Corporation the back payments,late charges,costs,and reasonable attorney's fees due. To find out how much you must pay,you may call McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) J y YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate. compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened,you may call McCabe,Weisberg and Conway,P.C.at(215)790-1010. 4. If the amount due from the buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty(30)days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed schedule of distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the schedule of distribution. 7. You may also have other rights and defenses,or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-91.08 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece of parcel of land situate in Upper Allen Township,County of Cumberland,and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point in the center of a public road,known as Mt.Allen Drive,leading from U.S.Route 15 to Bowmansdale,said point being South 27 degrees,45 minutes 00 seconds East,two hundred fifty-eight and twenty hundredths(258.20)and South 09 degrees 00 minutes 00 seconds East,ninety and zero hundredths(90.00)feet, from the,southwestern corner of land of L.C.,Shumbaugh,Jr.;thence along.the center line of said public road,known as Mt. Allen Drive,South 09 degrees 00 minutes 00 seconds East,ninety and zero hundredths(90.00)feet to a point at the corner of Lot No. 5 in the Plan of Lots of Paul T. Shearer and I. S.Eberly known as Reservoir Hill;thence along said Lot No. 5,North 81 degrees 00 minutes 00 seconds East,one hundred forty-two and forty-seven hundredths(142.47) feet to a point;thence along Lot No. 33 in said Plan of Lots,North 09 degrees 00 minutes 00 seconds West,ninety and zero hundredths(90.00)feet to a point;thence along Lot No. 3 in said Plan of Lots South 81 degrees 00 minutes 00 seconds east, one hundred forty-two and forty-seven hundredths(142.47)feet to a point in the center line of the public road aforesaid,the place of BEGINNING. BEING Lot No.4 in the Plan of Lots of Paul T. Shearer and I. S.Eberly known as Reservoir Hill,which plan is of record in the Cumberland County Recorder of Deeds Office in Plan Book No. 11,at Page 8. HAVING ERECTED THEREON a dwelling house being known and numbered as 307 Mt.Allen Drive, Mechanicsburg,Pennsylvania. 307 Mount Allen Drive,Mechanicsburg,Pennsylvania 17055. BEING the same premises which ROBERT E.HUVIES AND EVALYN A. HIMES,HUSBAND AND WIFE by deed dated October 26,2004 and recorded October 28,2004 in the office of the Recorder in and for Cumberland County in Deed Book 265,Page 4739,granted and conveyed to Henderson R.Green, a single individual,in fee. TAX MAP PARCEL NUMBER: 42-24-2423-025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO, 13-2453 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FREEDOM MORTGAGE CORPORATION Plaintiff(s) From HENDERSON R.GREEN (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $138,464.12 L.L.: $.50 Interest FROM 6/12/2013-$4,005.76 AT$22.76 Atty's Comm: Due Prothy: $2.25 Atty Paid: $224.00 Other Costs: Plaintiff Paid: Date: 7/19/13 David D.Buell,Prot notary (Seal) Deputy REQUESTING PARTY: Name: CHRISTINE L. GRAHAM,ESQUIRE Address: MCCABE,WEISBERG AND CONWAY 123 S.BROAD STREET,SUITE 1.400 PHILADELPHIA,PA 1.9109 Attorney for:PLAINTIFF Telephone:215-790-1010 Supreme Court ID No.309480 } McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE,ESQUIRE- ID# 16496 Attornpys for_Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY, ESQUIRE -ID# 34687 !T;, MARGARET GAIRO,ESQUIRE-ID# 34419 9 ' — 1 ANDREW L. MARKOWITZ, ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 !'Ul',�BERLAND COUNT` MARISA J. COHEN,ESQUIRE-ID# 87830 RENNSYUvANIA KEVIN T. MCQUAIL, ESQUIRE-ID# 307169 CHRISTINE L. GRAHAM,ESQUIRE-ID# 309480 BRIAN T. LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F. RIGA, ESQUIRE-ID# 57716 JOSEPH 1. FOLEY,ESQUIRE- ID#314675 CELINE P. DERKRIKORIAN, ESQUIRE-ID# 313673 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Freedom Mortgage Corporation CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Number 13-2453 Henderson R. Green Defendant AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for the Plaintiff in the within matter,hereby certifies that on the 29th day of October,2013, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s)as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED McCABE,WEISBERG AND CONW�Y,P.C. BEFORE ME THIS DAY BY: (,J�/ [ ] Terrence J.McCabe,Esquire [ �]-IGIarc S. Weisb g,Esquire OF ,2013 [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ] Kevin T.McQuail,Esquire [ ] Christine L.Graham,Esquire [ ] Brian T.LaManna,Esquire NOTAR PUBLIC [ ]Ann E. Swartz,Esquire [ ] Joseph F. Riga,Esquire [ ]Joseph L Foley,Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff I McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO, ESQUIRE-ID# 34419 ANDREW L. MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID# 87830 KEVIN T. MCQUAIL, ESQUIRE-ID# 307169 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F. RIGA,ESQUIRE-ID# 57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN, ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790-1010 Freedom Mortgage Corporation CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. NO: 13-2453 Henderson R. Green Defendant AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 307 Mount Allen Drive,Mechanicsburg,Pennsylvania 17055,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property is attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Henderson R.Green 177 Joya Circle Harrisburg,Pennsylvania 17112 2. Name and address of Defendant in the judgment: Name Address Henderson R. Green 177 Joya Circle Harrisburg,Pennsylvania 17112 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein File#68439 Page 1 1 t 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Wells Fargo Financial Bank 3201 N.4th Ave Sioux Falls, South Dakota 57104 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 307 Mount Allen Drive Mechanicsburg,Pennsylvania 17055 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor,Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriff's Sales File#68439 Page 2 United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O.Box 320 Cumberland County Carlisle,PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue,Ste. 311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street,Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S. Dept.of Justice,Rm 4400 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 United States of America c/o U.S.Dept.of Justice,Rm 5111 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 10 /3-;�/l3 McCABE,WEISBERG AND CONWAY,P.C. DATE /� � `, / BY l a- C.c (/�,/ [ ]Terrence J.McCabe,Esquire [ arc-§. Weisberg,Esquire [ )Edward D. Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ ]Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph 1.Foley,Esquire [ ]Celine P.DerKrikorian,Esquire Attorneys for Plaintiff Re: Freedom Mortgage Corporation v.Henderson R.Green.et al. Cumberland County;Number: 13-2453 File#68439 Page 3 McCABE,WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F. RIGA,ESQUIRE-ID#57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Freedom Mortgage Corporation COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Henderson R.Green Number 13-2453 Defendant DATE: October 29,2013 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS:Henderson R. Green PROPERTY: 307 Mount Allen Drive,Mechanicsburg,Pennsylvania 17055 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $138,464.12 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on December 4,2013 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on,and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty(30)days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10)days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien,we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. � c. � 'ti cr ►p � A7 .�+C•a+ y /'� O •� �Nn'A 4/ UQ Op A d� 'daq CD m � M z W � < O to O O x.drd.d a";'dW d ',2 ;'d��J►-3d xd�`�CdC� "'d� ,".,p C� Yx;'dbddC� ° � 5z > °i Oos a OC:� r•o •°;�o �� �C�*Oe�D 9 H� �e�D w m �m d'0 CD C/1 eD v.• A y l 1�.i y Q d' Q :� �i VJ• Q 'y e�•r C'1 6� �OeDC^a coC"a co .gym Qa� ° o =N►s � o a•o 0 a.C � � ° CD l o o m m `a A C•n � d"t Q.Q� `N°o.••� ar-o e N s rQ' � eD � C' � � W*%M op ap n Oo 00 w Q 0-4 oo eD A -4 c A&.pr A =e y a'�Cr eO n D � .o rowa a oa ' `A � E.w; 0 � b y - "Y N O (CN N fD o eD 00 eD C/� 00 y y es o eo o Q a eo �, CD z$a f� eD CD to w o a °e d N A eD 00 eD O ON C w erD eD A7 A7 eD C C at _. CD C '� r�to; Z, s �.t r- `y '�b1S 311 f/ •jti �ti%w . O O N C ON (n O_ 0 � !1� o ` G) . .4I m p V 0 j z N CO to _< N O o o O � co m O rn 00 C th u � A 0 A ro A �,y H � O p, C ro � O A y C>C. ::C.jo, �iN►�iNQ.C" �N1�C n;bd bgsPo *3 �Ct �►�3in�n O V1�C. C p00 `�! fW11� "^sE r+ �`E a = ct m Za;a�a y WCD a Y3 a� a CD Z�'m to d n c eD G9 a r. ` w� C o ►:i S a �, o eD a aa"a•w o ., B A o a o ar m ado °o r�ovo Go000cD ] »�d� •o � m, tno o -t rn eD rn eD '7 ►t d C. d 7d y S-1 eD fo p p <O O <M�.y < ►A'�'H d A� w y fD �•M`� I�O fD CD C y �'y b C CD C C p O �' C C O p b ..'.O H,,,'A C �O J e•► rti C O O b r. C es O ay �.y Cy `"""� '>eDO.` eD .q = y "t O o Y �oC �s yYoCS' n°' =Q� n Y�y =DS �" � v00,�o ° :f9Y -fDi o��b� �+ W a ��°s 00 CD a p OC O A O O n �' C `D' .�I R 0 C� o " 0 ..N¢�tD D, >� CD A+ ft �. A O y r+y n fD Q N 'ti W C W C CW-1 Off► C A W fD p„ O �'9 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson s° 3- : "rC E. F. . i HE P St t:# TAE Sheriff � y to tit clunbrt,���c Jody S Smith r Chief Deputy ,., ,; t,1 JAN 21 AN ti 35 Richard W Stewart CUMBEaLAND COUNT Solicitor KE OF°f=E$ ER F PENNSYLVANIA Freedom Mortgage Corporation Case Number vs. 2013-2453 Henderson R Green SHERIFF'S RETURN OF SERVICE 08/26/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Henderson R. Green, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 09/30/2013 06:29 PM -Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 307 Mount Allen Drive, Southampton -Township, Mechanicsburg, PA 17055, Cumberland County. 10/01/2013 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Dauphin County upon Henderson R. Green, personally, at 177 Joya Circle, Harrisburg, PA 17112 on 9/20/13 at 0855 hrs. So Answers: W. Conway, Deputy Sheriff. 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Terrance McCabe, on behalf of Secretary of Veterans Affairs, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,075.65 SO ANSWERS, January 17, 2014 RONR ANDERSON, SHERIFF 1M AO Rol •de4 .a� p� ,�c,. ieA'A �d4elo9 i. Coun,ySuife Sheriff:Teleosoft.In::. On August 26, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 307 Mount Allen Drive, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 26, 2013 r.: t . By: Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-2453 Civil Term County Recorder of Deeds Office in Plan Book No.II,at Page 8. FREEDOM MORTGAGE HAVING ERECTED THEREON CORPORATION a dwelling house being known and vs. numbered as 307 Mt. Allen Drive, HENDERSON R. GREEN Mechanicsburg,Pennsylvania. 307 Mount Allen Drive, Mechan- Atty.:Terrance McCabe icsburg,Pennsylvania 17055. ALL THAT CERTAIN piece of BEING the same premises which parcel of land situate in Upper Allen ROBERT E. HIMES AND EVALYN Township, County of Cumberland, A.HIMES,HUSBAND AND WIFE by and State of Pennsylvania,bounded deed dated October 26, 2004 and and described as follows,to wit: recorded October 28, 2004 in the BEGINNING at a point in the office of the Recorder in and for Cum- center of a public road,known as Mt. berland County in Deed Book 265, Allen Drive,leading from U.S.Route Page 4739,granted and conveyed to 15 to Bowmansdale,said point being Henderson R. Green, a single indi- South 27 degrees, 45 minutes 00 vidual,in fee. seconds East,two hundred fifty-eight TAX MAP PARCEL NUMBER:42- and twenty hundredths (258.20) 24-2423-025. and South 09 degrees 00 minutes 00 seconds East, ninety and zero hundredths (90.00) feet, from the southwestern corner of land of L.C. Shumbaugh, Jr.; thence along the center line of said public road,known as Mt.Allen Drive,South 09 degrees 00 minutes 00 seconds East,ninety and zero hundredths(90.00)feet to a point at the corner of Lot No.5 in the Plan of Lots of Paul T. Shearer and I. S.Eberly known as Reservoir Hill; thence along said Lot No. 5, North 81 degrees 00 minutes 00 seconds East, one hundred forty-two and forty-seven hundredths(142.47)feet to a point;thence along Lot No.33 in said Plan of Lots, North 09 degrees 00 minutes 00 seconds West,ninety and zero hundredths (90.00) feet to a point; thence along Lot No. 3 in said Plan of Lots South 81 degrees 00 minutes 00 seconds east, one hundred forty-two and forty-seven hundredths (142.47) feet to a point in the center line of the public road aforesaid,the place of BEGINNING. BEING Lot No.4 in the Plan of Lots of Paul T.Shearer and I.S.Eb- erly known as Reservoir Hill,which plan is of record in the Cumberland 59 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation,and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, E 'tor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 / Notary NC,TARIAL SEAL DEBORAH A COLLINS Notary Public - CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co.2020 Technology Pkwy t atflOtXCWS Suite 300 Mechanicsburg, PA 17050 Now you know inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. w This ad ran on the date(s)shown below: e1 , 10/13/13 10/20/13 t R mint % c" �i, 10/27/13 M,: ; :;,j 'G7 ,G ALL THAT(=PAIN piece of parcel of ./"-- — land situate in UpperAffenlbwnship,County of Cumbed nod;and State of Pennsylvania, bounded and described as follows,to wit: BEGINNING at a point in the center of Sw• te and subscribed before,;.e ,is 11 day of November, 2013 A.D. a public road,known as ME Allen Drive, leading Route South 27 degees, 45 i �� � said point being South 2? degiees 45 �f , minutes 80seconds East,two hundred fifty- i eight and twenty hundredths(258.20) and j — — . "�ili South 09 degrees 00 minutes 00 seconds *•� •UbIiC East, ninety and zero hundredths (90.00) feet,from the southwestern corner.of land of LC.Shumbaugh,Jr;thence along the, center line of said blicroad,known as Mt. i COMMONWEALTH OF PENNSYLVANIA Allen Drive,South 09 degrees 00 minutes 00 seconds East,ninety and zero moths I" rris Seal (90.00)feettoapoinfat rufLotNo. Nally Lynn;afar�l,Notary Public 5 in plats of nts;af Fatty/✓Shearer and Washington .up,,Dauphin County L S.Eberly- thence My Commission Expires Dec 12,2016 along said Lot No. oath 81 degrees MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES minutes 00 seconds East,one hundred forty- two and forlyseven,htmdiedths(142.47)feet to a point;thence along Lot No.33 in said COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Veterans Affairs is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013,under and by virtue of a writ Execution issued on the 19th day of July, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 2453, at the suit of Freedom Mortgage Corporation against Henderson R. Green is duly recorded as Instrument Number 201401518. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 7/ day of A.D. 029/ p,y Recorder of Deeds Recorder Deeds,Cumberland County,Carlisle,PA My Commission Expires me First Moon„,s Ian.2018