HomeMy WebLinkAbout13-3592 Supreme Cou';of� Pennsylvania
COui,e ikomnmon Teas For Prothonotary Use Only:
Cii1 Cover Sheet Docket No:
C I
_
ube�laiid ` 3
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S xi Complaint Writ of Summons El Petition
E] Transfer from Another Jurisdiction 0 Declaration of Taking
E Lead Plaintiff's Name: Lead Defendant's Name:
C The Bank of New York Mellon et al. A. Clark Sheetz III
T Dollar Amount Requested: Elwithin arbitration limits
I Are money damages requested? x Yes f.-i No (check one) 'X' outside arbitration limits
O
N Is this a Class Action Suit? 0 Yes [9 No Is this an MDJAppeal? Yes 0 No
A Name of Plaintiff /Appellant's Attorney: Christina C. Viola
El Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant)
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
Q Intentional 0 Buyer Plaintiff Administrative Agencies
El Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment
0 Motor Vehicle Debt Collection: Other E] Board of Elections
E] Nuisance El Dept. of Transportation
M Premises Liability Statutory Appeal: Other
S rl Product Liability (does not include
mass tort) 0 Employment Dispute:
E Discrimination
®l Slander/Libel/ Defamation
C El Other: � Employment Dispute: Other Q Zoning Board
Other:
T
I 0 Other:
O MASS TORT
El Asbestos
N [3 Tobacco
E] Toxic Tort - DES
E] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
_i Toxic Waste Ejectment El Common Law /Statutory Arbitration
B E] Other: r1_ Eminent Domain/Condemnation i Declaratory Judgment
Ground Rent f=' Mandamus
Landlord/Tenant Dispute -1 Non - Domestic Relations
Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial Quo Warranto
Dental Q Partition Replevin
Q Legal Quiet Title rIJ Other:
Medical Other:
Other Professional:
Updated 1/1/2011
STEVEN K. EISENBERG ESQUIRE (75736)
KEVIN P. DISKIN ESQUIRE (86727) Gp16
LESLIE J. RASE, ESQUIRE (58365) 1 Tfi �I
CHRISTINA C. VIOLA ESQUIRE (308909) 1` J j j, ! '
- t� 2
STERN & EISENBERG, PC
THE PAVILION ,
261 OLD YORK ROAD, SUITE 410 �� t � s �/� I , OL/ T !
JENKINTOATN, PENNSYLVANIA 19046 Q NIA !
'TELEPHONE: (215) 572 -8111
FACSIMILE: ( 215) 572 -5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
The Bank of New York Mellon, as Trustee for
Structured Asset Securities Corporation,
Mortgage Pass- Through Certificates, Series
2003 -BC3, by its Servicer, Ocwen Loan 3 a
Civil Action Number:
Servicing, LLC
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
COMPLAINT IN
V. A. Clark Sheetz III MORTGAGE FORECLOSURE,
902 2nd Street
New Cumberland, PA 17070 -2011
Defendant(s)
CIVIL ACTION - MORTGAGE FORECLOSURE
This is an attempt to collect a debt and any information obtained will be used for that purpose.
NOTICE
You have bean sued in Court. If you wish to defend the claims set forth in the following pages, you
must take action within twenty (20) days after this Civil Action and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the Court your defense 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 Civil Action or
for any other claim or relief requested by the plaintiff. You may lose money or property of other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T -IE OFFICE SET FORTfi
D\�3.� Sp�l a
Gk- 4,51 RCo S
1 P fl:7 at
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVI
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 MA OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE
Ciunberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
800 - 990 -9108
717- 249 -3166
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
LESLIE J. RASE, ESQUIRE (58365)
CHRISTINA C. VIOLA, ESQUIRE (308909)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572 -8111
FACSIMILE: (215) 572 -5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
The Bank of New York Mellon, as Trustee for
Structured Asset Securities Corporation,
Mortgage Pass- Through Certificates, Series
2003 -BC3, by its Servicer, Ocwen Loan
Civil Action Number:
Servicing, LLC
1661 Worthington Road, Suite 100
West Palm Beach, FL, 33409
COMPLAINT IN
V.
A. Clark Sheetz III MORTGAGE FORECLOSURE
902 2nd Street
New Cumberland, PA 17070 -2011
Defendant(s)
CIVIL ACTION - MORTGAGE FORECLOSURE
This is an attempt to collect a debt and any information obtained will be used for that purpose.
NOTICE
NOTICE AVISO
You have been sued in court. If you wash to I Le han demandado a usted en la corte. Si
defend against the claims set forth in the usted quiere defenderse de estas demandas
following pages, you must take action within expuestas en las paginas siguientes, usted
twenty (20) days after this complaint and notice tiene veinte (20) dias de plazo al partir de la
are served, by entering a written appearance fecha de la demanda y la notificacion. 11acF
personally or by attorney and filing in. writing falta asentar una comparencia escrita o en
with the court your defenses or objections to the persona o con un abogado y entregar a la
claims set forth against you. You are warned that corte en forma escrita sus defensas o sus
if you fail to do so the case may proceed without objeciones a las demandas en contra de su
you and a judgment may be entered against you persona. Sea avisado que si usted no se
by the co without further notic for any money defien la corte tomara medidas y pued
claimed in the complaint or for any other claim or continuar la demanda en contra suya sin
relief requested b the plaintiff. You may lose ' previo aviso o notification. Ademas, la
q Y
money or property or other rights important to I torte puede decidir a favor del demandante y
you. requiere que usted cumpla con todas las
provisiones de esta demanda. Usted puede
YOU SHOULD TAKE THIS PAPER TO A perder dinero o sus propiedades u otros
LAWYER AT ONCE. IF YOU DO NOT HAVE derechos importantes para usted.
A LAWYER, OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET Lleva esta demanda a un abogado
FORTH BELOW TO FIND OUT WHERE YOU inmediatamente. Si no tiene abogado o si
CAN GET LEGAL HELP. THIS OFFICE CAN no tiene el dinero suficiente de pagar tal
PROVIDE YOU WITH INFORMATION servicio, vaya en persona o llame por
A BOUT HIRING A LAWYER. telefono a la oficina cuya direction se
encuentra escrita abajo para averiguar
IF YOU CANNOT AFFORD TO HIRE A donde se puede conseguir asistencia legal.
LAWYER. THIS OFFICE MAY BE ABLE TO
.PROVIDE YOU WITH INFORNL4TION
ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE
Lawyer Referral and Information Service
(Asociacion de Licenciados
Servicio de Referencia e Information Legal)
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
800 - 990 -9108
717- 249 -3166
NOTICE PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS
NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS
REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
You may dispute the validity of the debt or any portion thereof. If you do so in writing within
thirty (30) days of receipt of this letter, this firm will obtain and provide you with written
verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested
within thirty (30) days of receipt of this letter, this firm will send you the name and address of
the original creditor if different from above.
IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE ENCLOSED LETTERINOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED
A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE
NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO
COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE
MORTGAGE /LIEN AGAINST REAL PROPERTY.
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
LESLIE J. RASE, ESQUIRE (5 8365)
CHRISTINA C. VIOLA, ESQUIRE (308909)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572 -8111
FACSIMILE: (215) 572 -5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
The Bank of New York Mellon, as Trustee for
Structured Asset Securities Corporation,
Mortgage Pass - Through Certificates, Series
2003 -BC3, by its Servicer, Ocwen Loan
Civil Action Number:
Servicing, LLC
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
V. COMPLAINT IN
A. Clark Sheetz III MORTGAGE FORECLOSURE
902 2nd Street
New Cumberland, PA 17070 -2011
---------- - - - - -- Defendant(s) - --
COMPLAINT
CIVIL ACTION - MORTGAGE FORECLOSURE
1. Plaintiff is The Bank of New York Mellon, as Trustee for Structured Asset Securities
Corporation, Mortgage Pass - Through Certificates, Series 2003 -BC3, by its Servicer,
Ocwen Loan Servicing, LLC (hereinafter referred to as "The Bank of New York Mellon,
as Trustee, by its Servicer, Ocwen Loan. Servicing, LLC ") with offices located at 1661
Worthington Road, Suite 100, West Palm Beach, FL 33409.
2. Defendant is A. Clark Sheetz 111, an adult individual with a last -known address of 902 2nd
Street, New Cumberland, PA 17070 -2011.
3. On 12123/2002, A. Clark Sheetz III executed and delivered to Conseco Bank, Inc.., a
mortgage upon the property located at 902 2nd Street, New Cumberland, PA (the
"Property ") to secure the payment of the sum of $114,000.00. The said mortgage was
recorded on 01/02/2003 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania at BK #:1789 PG 4:4981 and is incorporated herein by reference as
though set forth at length herein. A copy of the mortgage and legal description of the
Property are attached hereto, made a part hereof, and marked as Exhibit "A."
4. An Assignment transferring the mortgage originally with Conseco Bank, Inc. (Originating
Lender) as follows:
a) Assignment from Conseco Bank, Inc. to Conseco Finance Consumer Discount
Company was recorded on 02/19/2003 at BK #: 694 PG #:2624 in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania.
b) Assignment from Green Tree Consumer Finance Department F/K/A Conseco
Finance Consumer Discount Company to The Bank of New York Mellon, as Trustee for
Structured Asset Securities Corporation, Mortgage Pass - Through Certificates, Series
2003 -BC3, was recorded on 10/09/2012 at Inst#: 201231070 in the Office of the Recorder
of Deeds of Cumberland County, Pennsylvania.
5. A. Clark Sheetz III is the real owner of the Property located at 902 2nd Street New
C iunberland. PA 17070.
6. In accordance with Pennsylvania law, the required pre - foreclosure notice (under Act
91 /Act 6 as may be applicable), was sent to the defendant and no response was made in
the appropriate period of time. A true and correct copy of the aforesaid notice is attached
hereto made a part hereof, and marked as Exhibit `B."
7. The said loan is in default as a result of the failure to pay the monthly installments of
$925.15 due on November 1, 2012 and on the same day of each month thereafter.
8. The following is due on the loan:
PRINCIPAL BALANCE ..... ............................... ...................$112.,883.19
INTEREST accrued thru 04/19/2013 of ......... ......................$1,923.32
(Interest after 04/19/2013 shall accrue at the per diem .rate of $9.62.)
LATE CHARGES accrued thru.04 /19 /2013 of .....................$51'2.56
(Late charges after 04/19/2013 shall accrue at the monthly rate of $64.07.)
ESCROW ADVANCES ... ............................... ......................$2,87
FEESBILLED .................. ............................... ......................$4,3
ATTORNEY'S FEE ......... ............................... ...................... $5,600.00
LESS SUSPENSE (If any) ............................. .......................($74.85)
TOTAL.................................. ...................... .......... ...................$
Attorney fees are allowed in conformity with the mortgage documents and Pennsylvania law,
and may be requested as part of any judgment .requested and collected in the event of a third party
purchaser at Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be
charged based on work actually performed.
'WHEREFORE, Plaintiff, The Bank of New York Mellon, as Trustee, by its Servicer,
Ocwen Loan Servicing, LLC requests this Court to enter judgment, TN REM, for foreclosure of the
mortgaged property, for the slue of $128,045.84 and all other amounts set forth above, less any
suspense as set forth above, together with record costs and any other amounts that accrue over the
course of the instant matter and to which Plaint' 1 i tled . ecaverS CIS N E �G, PC
BY:
❑ NEV"_ ERG, ESQUIRE
❑ iE K P. DISKIN, ESQUIRE
❑ JACQUELINE F. McNALLY, ESQUIRE
❑ LESLIE J. RASE, ESQUIRE
❑ LEN M. GARZA, ESQUIRE
�jCHRISTINA C. VIOLA, ESQUIRE
Date:
� ( Attorney for Plaintiff
_ � �c./����3
A.Clark Sheetz, III; 902 2 nd Street, New Cumberland, PA 17070
VERIFICA'T'ION
Contract Management
I, the undersigned,a(n) _ C _ of Ocwen Loan Servicing, LLC ("Ocwen" as servicer for The
Bank. of New York Mellon, as Trustee for Structured Asset Securities Corporation, Mortgage Pass -
Through Certificates, Series 2003 -BC3 ( "Plaintiff'), am authorized to make this verification on behalf of Ocwen
and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge,
information and belief. Except where otherwise stated and/or based upon public record, this verification is based upon a
review of business records regularly created, kept and maintained in the course of Ocwen's mortgage servicing business
conducted on Plaintiff s behalf.
In making this verification, I understand that it is a crime under 18 PA C.S. Section 4904 to make a written
statement to a public servant, or to invite a public servant's reliance upon a written statement or instrument, which I do not
believe to be true or which I know to be false.
Date:
`l
Name:
Title:
Contract Management The Bank of New York Mellon, as Trustee for Structurcd
Coordfnatorr_b Asset Securities Corporation, Mortgage Pass- 'I lrrough
,"ZIL Certificates, Series 2003 -BC3, by its Se.rvicer, Ocwen Loan
Servicing, LLC
nE - RT P. Z GtE +
! ECORDER OF REEDS
'IBEREANb OOUNTY -P,.
03A Z M103?
Commonwealth of Pennsylvania Space Above This Line For Recordng Data
GT -,s.39 -090 (1101) Return To: OPEN -END MORTGAGE # 0212ozoo42
Conseco Finance Loan # 6915383084
Attu: Mail Stop T -314 This Mortgage secures future advances
7360 South Xyrene Road
v bAk PARTIES. The date of this Mortgage (Security Instrument) is December 23 2002
and the parties, their addresses and tax identification numbers, if required, are as follows:
MORTGAGOR: A Clark Sheetz III
......If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their
signatures and acknowledgments.
LENDER: Conseco Bank, Inc.
Cottonwood Corporate Center
2825 E Cottonwood Prky 230
Salt Lake City, UT 84121
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is
acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this
Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following described
Property:
Parcel ID: 25 -25- 0008 -129
See Exhibit A for the Legal Description
EXHIBIT
PENNSYLVANIA - MORTGAGE (NOT FOR FNMA, FHLMC, FHA OR VA) GT -15- 39-090 (1101) fpeye f of 71
EXJ5& 0 1994 Banka. SyKwme, kro . St, Gaud. MN Fa GT14MTG AZPA 1/9/2001
Form ID #111184 BK t 7 8 9 PG 4 9 BI
The property is located in . .. Cumberland
X02 2nd St �co�mip)� .......- •--- .....: at . ...............................
New Cumberland . Pennsylvania 17074
(ZJP Code)
Together with all rights. easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and
riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and
replacements that may now, or at any time in the future, be part of the real estate described above (all referred
to as 'Property").
3. MAXIMUM OBLIGATION L�'�T e t ... . principal amount secured by this Security Instrument at any
one time shall not exceed $....... .'�. � . 0 ° - $�
... .... This limitation of amount does not
...............................
include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this
limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's
security and to perform any of the covenants contained in this Security Instrument.
4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows:
A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of
debt described below and all their extensions, renewals, modifications or substitutions. (Wizen
referencing the debts below it is suggested that you include items such as borrowers' names, note
amounts, interest rates, maturity dates, etc.)
Nate dated December 23, 2002, between Conseco Bank, Inc. and A Clark Sheetz III
for $114,000.00, maturing January 3, 2033.
II. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender
under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in
favor of Lender after this Security Instrument whether or not this Security Instrument is specifically
referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this
Security Instrument will secure all future advances and future obligations that are given to or incurred
by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and
other future obligations are secured by this Security Instrument even though all or part may not yet be
advanced. All future advances and other future obligations are secured as if made on the date of this
Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make
additional or future loans or advances in any amount. Any such commitment must be agreed to in a
separate writing.
C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law,
including, but not limited to, liabilities for overdrafts relating to any deposit account agreement
between Mortgagor and Lender.
D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise
protecting the Property and its value and any other sums advanced and expenses incurred by Lender
under the terms of this Security Instrument.
This Security Instrumient will not secure any other debt if Lender fails to give any required notice of the right
of rescission,
5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in
accordance with the terms of the Secured Debt and this Security Instrument.
OT-15-3"90 oso turolr rvsse 2 or»
�,'Y � O 1854 BarJcen Symom•, IM, S[. poop, MN Farm 13'TH- MTGU7PA 1/9/2001
BK 1789PG4982
6. WARRANTY OF TITLE- Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate
conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the
Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record.
7. PRIOR SECURITY INTERES With regard to any other mortgage, deed of trust, security agreement or
other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees:
A. To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Mortgagor receives from the holder.
C. Not to allow any modification or extension of, nor to request any future advances under any note or
agreement secured by the lien document without Lender's prior written consent.
S. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease
payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require
Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing
Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the
lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights,
claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve
the Property.
9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured
Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien,
encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law
(12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the
Secured Debt is paid in fall and this Security Instrument is reIeased.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in
good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any
waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds
and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without
Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or
easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings,
claims and actions against Mortgagor, and of any loss or damage to the Property.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the
purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection
specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely fur
Lender's benefit and Mortgagor will in no way rely on Lender's inspection.
11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in
this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor
appoints Lender as attorney -in -fact to sign Mortgagor's name or pay any amount necessary for perfo
Lender's right to perfoim for Mortgagor shall not create an obligation to perform, and Lender's failure to
perform will not preclude bender from exercising any of Lender's other rights under the law or this Security
Instrument. If any construction on the Property is discontinued or not carved on in a reasonable manner
Lender may take all steps necessary to protect Lender's security interest in the Property, including
completion of the construction.
12. LEASEHOLDS; CONDOh1INRJMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply
with the provisions of any lease if this Security Inchntment is on a leasehold. If the Property includes a unit in
a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the
covenants, by -laws, or regulations of the condominium or planned unit development.
c GT -irr39 -090 (11o7) j,"ge3of7J
a.�y -+ter Sr 0 14&1 Bmk�� Sys,ema �+a, St. tlaid, MN Farm GTH- MTOLA2PA 1/9!2007
BK 1 789 G4983
13. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment
when due. Mortgagor will be in default if a breach occurs under the terms of this Security Instrument or any
other document executed for the purpose of creating, securing or guaranteeing the Secured Debt. A good faith
belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the
Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute
an event of default.
14. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide
Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure
actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this
Security Instrument in a manner provided by law if Mortgagor is in default.
At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall
become immediately due andpyable, after giving notice if required by law, upon the occurrence of a default
or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the teams of
the Secured Debt, this Security Instrument and any related documents. All remedies are distinct, cumulative
and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not
expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt
after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver
of Lender's right to require complete cure of any existing default. By not exercissag any remedy on
Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues
or happens again.
15. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except
when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any
covenant in this Security Instrument. Mortgagor will also pay on demand amounts incurred by :Lender -for - - - - --
insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These
expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect
as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by
Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument.
This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This
Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of
such release.
16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1)
Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations,
ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety,
welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or
hazardous material, waste, pollutant or co ntaminant which has characteristics which render the substance
dangerous or potentially dangerous to the pth safetywe lfare or environment. The tern includes,
limitation any suous "toxic substances " "hazardous waste" or
dous substance" under any Environmenta '
MortgL ptsA. t as previously disclosed nd acknowledged in writing to Lender, no Hazardous Substance is or
e located, stored or. released on or in the Property. This restriction does not apply to small
ties of Hazardous Substances that are generally recognized to be appropriate for the normal use
and maintenance of the Property.
B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant
have been, are, and shall remain in full compliance with any applicable Environmental Law.
-t
OT 15- 39-090 (1/01) (page 4 of 7/
0 1894 Bankw. Sy.t —., Inc.. St. aoud, MN Form GMATaLAZPA 7/912001
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C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance
occurs on, under or about the Property or there is a violation of any Environmental Law concerning the.
Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any
Environmental Law.
D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there
is any pending or threatened investigation, claim, or proceeding relating to the release or threatened
release of any Hazardous Substance or the violation of any Environmental Law,
17. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by
private or public entities to purchase or take any or all of the Property through condemnation, eminent
domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the
above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for
damages connected with a condemnation or other taping of all or any part of the Property. Such proceeds
shall be considered payments and will be applied as provided in this Security Instrument. This assignment of
proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien
document.
18. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and
risks reasonably associated with the Property due to its type and location. This insurance shall be maintained
in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall
be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If
Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage
to protect Lender's rights in the Property according to the terms of this S&mrity Instrument.
All insurance policies and renewals shall be acceptable to Lender and sball include a standard "mortgage
clause." _ and, .. where applicable, "loss payee clause. Mortgagor shall immediately notify Lender of
cancellation or termination of the insurance. Lender shall have the right to -told the policies and renewals. If
Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal
proof
notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may
make of loss if not made immediately by Mortgagor.
Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the
Property or to the Secured Debt, whether or not then die, at Lender's option. Any application of proceeds to
pri pal shall not extend or postpone the due date of the scheduled payment nor change the amount of any
payment Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right
to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass
to Lender to the extent of the Secured Debt immediately before the acquisition.
19. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement,
Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow,
20. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon
request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to
sign, deliver, and file any additional documents or certifications that Lender may consider necessary to
perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's Iien
status on the Property.
21. JOINT AND INDWIDUAL LIAB11,ITY, CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND, All
duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but
does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property
to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured
GT 15- 39-090 0 f011 frAge 5 of 7)
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Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to
waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party
indebted under the obligation. These rights may include, but are not limited to, any anti- deficiency or
one -action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify
or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's
consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and
benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and
Lender.
22. APPLICABLE LAW; SEVERABU TY; INTERPRETATION. This Security Instrument is governed by
the laws of the jurisdiction in which lender is located, except to the extent otherwise required by the laws of
the jurisdiction where the Property is located. Any provision that appoints Lender as an agent is not subject to
the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code).
Lender, by t
exercising any of its rights under his Security Instrument, does so for its sole benefit. This
Security Instrument is complete and fully integrated. This Security Instrument may not be amended or
modified by oral agreement. Any section in this Security Instrument. attachments, or any agreement related to
the Secured Debt that conIIicts with applicable law will not be effective, unless that law expressly or
implieclly permits the variations by written agreement. If any section of this Security Instrument cannot be
enforced according to its terms, that section will be severed and will not affect the enforceability of the
remainder of this Security Insu mnent. Whenever used, the singular shall include the plural and the plural the
singular. The captions and headings of the sections of this Security Instrument are for convenience only and
are not to be used to interpret or define the terns of this Security Instrument. Time is of the essence in this
Security Instrument.
23. NOTICE. Unless,. otherwise. required b . law,.an. _notice shalt- -be
._.. � Y Y given by delivering it or by mailing�it by '
first class mail to the appropriate party's address on page I of this Security Instrument, or to any other
address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors.
24. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to
the Property.
25. OTHER TERMS. If checked, the following are applicable to this Security Instrument:
...... Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured
Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released.
...... Construction Loan. This Security Instrument secures an obligation incurred for the construction of an
improvement on the Property.
...... Fixture kfling. Mortgagor grants to lender a security interest in all goods that Mortgagor owns now
or in the future and that are or will become fixtures related to the Property. This Security Instrument
suffices as a financing statement and any carbon, photographic or other reproduction may be filed of
record for purposes of Article 9 of the Uniform Commercial Code.
...... Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to
acquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be
construed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the
laws of the Commonwealth of Pennsylvania.
......NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A
VARIABLE INTEREST RATE.
9-r- 15.39-090 (1/01) ppaga 6 of 71
1984 Rmk.. Syaom, tw-, St, Claud. MN Form M -MTGIA ZPA 1!412001 (4-
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...... Riders. The covenants and agreements of each of the riders checked below are incorporated into and
supplement and amend the terms of this Security Instrument. [Check all applicable items]
...... Condominium Rider ...... Planned Unit Development Rider ...... Other ... ...............................
uliL Additional Terms.
SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the teens and
covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a
copy of this Security Instrument on the date stated on page 1.
/2I.......
(s�1G�� 1c "S
.s > ............................ ..................... ps i ................. ............................ (D
ACKNOWI ED J�
COMMONWEALTH F COUNTY OF y/L,�l,(�y1f/ffl'A .J.�. ,
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�d✓1W' . da of �CL: a� 1f�1`I
uneivld�,�, On this, the,.... .. ... t iii
y before me
the undersigned officer, personally appeared
A. C-1 k:s neez . . ... . ...
.................... ............................... ......
known to me (or satisfactorily proven) to be the persons) whose names) is subscribed to the within
instrument, and acknowledged that he /she executed the same for the purposes therein contained.
1A witness whereof, I hereunto set my hand and official seal.
My c9mmssion expires: A i%wl<
........... ....`..
' JAMES J. GAi OSA NOTAR A UBLJC �(�(� L C�
MY of Lebanon, Lebanon Co. a ofo .. OT y'� J
MY Gommisslon Ex Iras Nov. 26, 2006
it is heieliy certified that the address of the Lender within named is: s '� , Inc.
Cottonwood Corporate Center, 2825 S Cottonwood Prky 230, Salt' City, "
Lake'C ... 84121 . .............
......... ............................... :- :: VT
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EXHIBIT A
Legal Description:
ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF NEW CUMBERLAND, COUNTY OF
CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN
DEED DATED 04/25/89, RECORDED 05/01/89, APPEARING AMONG THE LAND RECORDS OF THE
COUNTY AND STATE, SET FORTH ABOVE IN DEED BOOK 33 -X, PAGE 753.
Parcel ID: 25 -25 -0008 -129
t Certi ry t? is to be recorded
n Ct� ..? :,: ?.�-d. County PA
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STERN & EISENBERG, PC
410 THE PAVILION
261 OLD YORK ROAD
JENKINTOWN, PA 19046
(215) 572 -8111
Date: March 13, 2013
COMBINED NOTICE UNDER
ACT 6 and ACT 91
TAKE ACTION TO SAVE YOUR. HOME
FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able
to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF
THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency.
The. name, address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice. If you have any questions, you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call (717) 7804869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be
able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INIVIEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMA.DO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
EXHIBIT
HOMEOWNER'S NAME(S): A. Clark Sheetz III
PROPERTY ADDRESS: 902 2nd Street, New Cumberland, PA 17070.
MAILING ADDRESS: 902 2nd Street, New Cumberland, PA 17070 -2011
LOAN ACCT. NO.:�
ORIGINAL LENDER: Conseco Bank, Inc.
CURRENT LENDER/SERVICER: The Bank of New York Mellon, as Trustee for Structured
Asset Securities Corporation, Mortgage Pass- Through Certificates, Series 2003 -BC3, by its
Attorney -in -fact, Ocwen Loan Servicing, LLC
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY
BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY
CIRCUMSTANCES BEYOND YOUR CONTROL,
X IF YOU HAVE A REASONABLE PROSPECT OF BEING
ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
X IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS
ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from
the date of this Notice. During that time you must arrange and attend a "face -to- face" meeting
with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY
FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST B_ RING YOUR MORTGAGE
UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action
against you for thirty (30) days after the date of this meeting. The names, addresses and
telephone numbers of designated consumer credit counseling agencies for the county in which
the property is located are set forth at the end of this Notice It is only necessary to schedule one
face -to -face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies
have applications for the program and they will assist you in submitting a complete application
to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face -to -face meeting.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU
HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE
POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA
WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE
TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST
YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED
"TEMPORARY STAY OF FORECLOSURE ".
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE
TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER
FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS
EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE
FORECLOSURE WILL BE STOPPED.
AGENCYACTION -- Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you if
you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your
property located at: 902 2nd Street, New Cumberland, PA.
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
Monthly payments from November 1, 2012 through and including March 13, 2013 as follows:
Payments of $925.15 due on 11/01/2012 through and including 03/01/2013,
inthe amount of .................................. ............................... ....$4,625.75
Other charges (explain/itemize):
Latecharges: .......................................................................... $512.56
Feesbilled ......................... ............................... ......................$4,266.71
Other charges ( explain) . ............................... ..........................$0.00
Lesssuspense ................. ............................... .........................$74.85
TOTAL AMOUNT PAST DUE: .................................................... $9,330.17
B. Reserved for items other than amounts set forth in A. above.
HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY -THREE (33)
DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $9,330.17, PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments
must be made either by cash, cashier's check; certified check or money order made payable and
sent to:
Ocwen
P.O. Box 6440
Carol Stream, IL 60197 -6440
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the
mortgage debt This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged
P rope rty.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by
the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However,
if legal proceedings are started against you, you will have to pay all reasonable attorney's fees
actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to
the amount you owe the lender, which may also include other reasonable costs. If you cure the
default within the THIRTY (30) DAYS period, you will not be required to pay attorney's
fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun,
still have the right to cure the default and prevent the sale at any time up to one hour before the
Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other
charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriffs Sale as specified in writing by the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that
such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4)
to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale
will be sent to you before the sale. Of course, the amount needed to cure the default will increase
the longer you wait. You may find out at any time exactly what the required payment or action
will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: The Bank of New York Mellon, as Trustee, by its Attorney -in -fact,
Ocwen Loan Servicing, LLC
Address: P.O. Box 6440
Carol Stream, IL 60197 -6440
Phone Number: 800 - 310 -9229
407 - 737 -6300 (fax number)
Contact Person: Performing Collections Dept./Loss Mitigation Department
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all
the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale
and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO
PAY OFF THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES
IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE
MORTGAGE DOCUMENTS,
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
(See Attached Page)
Sincerely,
STERN & EISENBERG, PC
B
tern & Eisenberg, PC
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR MAIL
e
NOTICE PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS
NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS
REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL
BE USED FOR THAT PURPOSE.
You may dispute the validity of the debt or any portion thereof. If you do so in writing
within thirty.(30) days of receipt of this letter, this firm will obtain and provide you with
written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if
requested within thirty (30) days of receipt of this letter, this firm will send you the name
and address of the original creditor if different from above.
IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN
BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND
HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE
CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT
OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY.
r'T1� Comprehensive Housing
ENNSY,vAHl i+JtlItra,�, >:,..,ANCE yG_.tcy Cou nseling Agencies
Agencias de Consejo al Cliente para Vivienda
Cumberland County
"CCCS of Western PA -York
55 Claver Hill Poad
Dallanown PA 17313
888.511.222 71 M.511.2227
itntinscrr..soa.ara
Community Action Commission - Capital Region
1514 Derry St
Har6;burd PA 1 ?104
717232.9757
wwwcactoO'_' u ntv.om
Harrisburg Fair Housing Council
2101) N 6th St
Harrisburg PA 17110
?17238 5540
Housing & PedevelopmentAuthority- Cumberland Cnty
114 N HanaverSt STE 104
CarisI2 PA 'j7013
866.683.5907 f 717249.0789
,uw,aeehra.aam
Pathstone Corporation Pennsylvania
1625 Moith Seaivid St
Harrisburg PA 1 ?102
717.234:6616
waw r ___ra lie.* nZi jryathct�u7a �a firm
PennsylVania Interfaith Community Program Inc,
40 E High St
Gettysburg PA 1 ?325
M.334.1518
iavkcadamscha_on
NOTE: Marry or the agencies offer vrafthops at various location sites; tall to find a location nsar you.
Report last updated: 4/3012812 9:03:04 AIA Page 1 of 1
U.S. POSTAGE > >PITNEY BOWES
AMUMMMMWMMM
Name and STERN & EISENBERG a '' i r ! -
Address 261 Old York Road -The Pavilion -Ste 410 '►' e�'�
of Sender Jenkintown, PA 19046 w _ :4:f ZIP 19046 $ 002. 40
ti L 02 1w
Line Article AR 13 2013
Postage Fee
Number
1 * * ** A. Clark Sheetz III
902 2nd Street
New Cumberland, PA 17070
2 * * **
3 * * **
5 * * **
6 * * ** PHFA
PO BOX 8029
HARRISBURG PA 17105 -8029
7 * * **
g * * **
9 * * **
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10
U.S. Postal ServiceTM
CERTIFIED MAIL. RECEIPT
(Domestic Mail f I
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12
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14 * * * * Ln Postage
CertHlA Fee
ti �- I
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15 RE: Sheetz ACTNOTICE C3 Endorse enttRe� .__. Here
Total Number of Total Number of Pieces Postmast , Pe a eivi O O Restdeted Delivery Fee
(Endorsement Required)
Pieces Listed b Send Received at Post Office Em to a r ,q
C3 Total Postage & Fees $
a
t1J Sent To
r— . , slpt No:; , - A. Clark Sheetz III ....................
N or Po Box No. 902 2nd Street
cr ,ware, ziP+d
-
'New Cumberland, PA 17070 --- " " " - -'
PS Form 3800, August 2006 See Reverse for Instructi - ons"
C7 ,
c° _
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FORM 1 N`
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The Bank of New York Mellon, as Trustee et al. : IN THE COURT OF COMMON PLEAS OF . c - ) ._ ,=
CUMBERLAND COUNTY, PENNSYLVANIA c° `
Plaintiff(s)
VS.
A. Clark Sheetz III �' J
Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
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 the legal
representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal
representative with all requested financial information so that a loan resolution proposal can be 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.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS
Resp c Ily u Jed
t
1
06/18/2013 1
1
Date signatu of uns I t M i
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:
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?
C O BORRO
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in 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 Payments Amount: $ Included Taxes and 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:
Asset 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. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
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 paving)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2" 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 /Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income and 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:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTH
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
Borrower Signature Date
Please forward this document along with the following information to lender and
lender counsel:
V Proof on income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of a current utility bill
V Letter explaining reason for delinquency and any supporting documentation
V (hardship letter)
Listing agreement (if property is currently on the market)
V Copy of 2 years of federal income tax returns
V Copy of deed
FORM 3
The Bank of New York Mellon, as Trustee et al. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
A. Clark Sheetz III
Defendant(s) Civil
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as
follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion
Program: and has taken all of the steps required in that Notice to be eligible to participate in a
court- supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand that
statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to
authorities.
Signature of Defendant's Counsel /Appointed Date
Legal Representative
Signature of Defendant Date
Signature of Defendant Date
FORM 4
The Bank of New York Mellon, as Trustee et al. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
A. Clark Sheetz III
Defendant(s) Civil
CASE MANAGEMENT ORDER
AND NOW, this day of , 20 , the defendant /borrower in
the above - captioned residential mortgage foreclosure action having filed a Request for
Conciliation Conference verifying that the defendant /borrower has complied with the
Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby
ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court- supervised
conciliation Conference on at . M. in
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the
defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and /or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
Court of the defendant /borrower's failure to serve the completed Form 2 with the
time frame set forth herein or such other date as agreed upon by the parties in writing
or ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceedings shall be terminated.
3. The defendant /borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff /lender must
either attend the Conciliation Conference in person or be available by telephone
during the course of the Conciliation Conference. The representative of the
plaintiff /lender who participates in the Conciliation Conference must possess the
actual authority to reach a mutually acceptable resolution, and counsel for the
plaintiff /lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. If the duly authorized representative of
the plaintiff /lender is not available by telephone during the Conciliation Conference,
the court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff /lender at the rescheduled
Conciliation Conference
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT,
J.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson L E D-cr
"T Tfi('E' PRO THONlil TAfd v
Sheriff f�
Jody S Smith 13 JUL -9 AN 10- 13
Chief Deputy
Richard W Stewart CUMBERLAND GoUtj-r
Solicitor OFF CF THE$-RERIFF PENNSYLVANIA
The Bank of New York Mellon Case Number
vs.
A Clark Sheetz 2013-3592 I
SHERIFF'S RETURN OF SERVICE
06/25/2013 08:05 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally"handing a true copy to a person representing themselves to be the Defendant,to wit:A
Clark Sheetz at 902 Second Street, New Cumberland Borough, New Cumberland, PA 17070.
JAON KINSLER, DEPUTY
SHERIFF COST: $4711 SO ANSWERS,
June 26, 2013 RONIV R ANDERSON, SHERIFF
(c)CounlySuile Sheriff,Teleosoft.Inc.
STEVEN K.EISENBERG,ESQUIRE(75736) i ;'L L,-O i( 1 u i-
M.TROY FREEDMAN,ESQUIRE(85165) t' ; "I w � { .}.
LESLIE J.RASE,ESQUIRE(58365) r
CHRISTINA C.VIOLA,ESQUIRE(308909) !t:"i U a 1 tt 2 A i I0' .337 t}
ANDREW J.MARLEY(312314)
STERN&EISENBERG,PC C U M i E R L A N D COUNTY
1581 MAIN STREET,SUITE 200 PENNSYLVANIA
WARRINGTON,PENNSYLVANIA 18976
TELEPHONE:(215)572-8111
FACSIMILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
The Bank of New York Mellon, as Trustee for
Structured Asset Securities Corporation, Civil Action Number: 13-3592 Civil
Mortgage Pass- Through Certificates, Series
2003-130, by its Servicer, Ocwen Loan
Servicing, LLC
V. MORTGAGE FORECLOSURE
A. Clark Sheetz III
Defendant(s)
PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Enter judgment in favor.of Plaintiff and against Defendant(s), A. Clark Sheetz III , for failure of
said Defendant(s)to file a responsive pleading to the Complaint within twenty(20) days of
service thereof.
PRINCIPAL BALANCE...................................................................$112,883.19
INTEREST accrued thru 04/19/2013 of ...........................................$1,923.32
Interest after 04/19/2013 shall accrue at the per diem
rate of$9.62.)
LATE CHARGES accrued thru 04/19/2013 of.................................$512.56
Late charges after 04/19/2013 shall accrue at the monthly
rate of$64.07.)
ESCROW ADVANCES....................................................................$2,874.41
FEESBILLED...................................................................................$4,327.21
ATTORNEY'S FEE..........................................................................$5,600.00
OWA 'bib,
�Jah two
LESS SUSPENSE (If any).................................................................($74.85)
Sub-Total Through Date of Complaint........................................$128,045.84
ACCRUED INTEREST after 04/19/2013 shall accrue
at the per diem
rate of$9.62 to August 2, 2013..........................................................$1,010.10
ACCRUED LATE CHARGES Late charges
after 04/19/2013 accruing at the monthly rate
of$64.07 through August 2, 2013 .....................................................$256.28
TOTAL DUE THROUGH DATE OF REQUEST
FORJUDGMENT.............................................................................$129,312.22
STERN &EISENBERG, PC
,s
f..
BY:
TEVEN K. EISENBERG QUIRE
• M. TROY FREEDMAN AMQUIRE
• JACQUELINE F. Mc ALLY, ESQUIRE
❑ LESLIE J. RASE, ESQUIRE
❑ LEN M. GARZA, ESQUIRE
❑ RISTINA C. VIOLA, ESQUIRE
Er ANDREW J. MARLEY, ESQUIRE
Attorney for Plaintiff
STEVEN K.EISENBERG,ESQUIRE(75736)
M.TROY FREEDMAN,ESQUIRE(85165)
LESLIE J.RASE,ESQUIRE(58365)
CHRISTINA C.VIOLA,ESQUIRE(308909)
ANDREW J.MARLEY(312314)
STERN&EISENBERG,PC
1581 MAIN STREET,SUITE 200
WARRINGTON,PENNSYLVANIA 18976
TELEPHONE:(215)572-8111
FACSIMILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
The Bank of New York Mellon, as Trustee for
Structured Asset Securities Corporation,
Mortgage Pass- Through Certificates, Series Civil Action: 13-3592 Civil
2003-BC3, by its Servicer, Ocwen Loan
Servicing, LLC
V.
A. Clark Sheetz III MORTGAGE FORECLOSURE
Defendant(s)
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF MONTGOMERY
I, the undersigned, being duly sworn according to law, deposes and says, to the best of his
knowledge, information and belief, Defendants':
1. Last-known address is
902 2nd Street,New Cumberland, PA 17070-2011
2. Is over the age of twenty-one.
3. Is not now nor has been within the last six (6) months in the Armed Services of the
United States as defined in the Soldiers' Civil Relief Act of 1940, as amended.
STERN&EISENBERG, PC
BY:
• EN K. EISENB G, ESQUIRE
• M. TROY FREED , ESQUIRE
• JACQUELINE F. cNALLY, ESQUIRE
❑ LESLIE J. RASE, ESQUIRE
❑ LEN M. GARZA, ESQUIRE
M AiWRA6Wk10FPRNNIY6VARII ❑ RISTINA C. VIOLA, ESQUIRE
NOTARIAL SEAL 92 "ANDREW J. MARLEY, ESQUIRE
ANGELA HARRIGAN,Notary Public Attorney for Plaintiff
Warrington Twp.,Bucks Cnunty
M Commission Expires November 26,2016
Swo t hand subsc 'bed be�ore me
this Day of , 2013.
rilw9vAl
Nota Public
Department of Defense Manpower Data Center nesunsasor:Hug-uazuiwuo:zoria
SCRA 3.0
Statl Report
Fursuant to Sery cememben, Ci..vi .Relief Act
Last Name: SHEETZ III
First Name: A
Middle Name: CLARK
Active Duty Status As Of: Auq-02-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Dale Status Service Component
NA NA - - - No NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or.his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
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.
4
Pq
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
STEVEN K.EISENBERG,ESQUIRE(75736)
M.TROY FREEDMAN,ESQUIRE(85165)
LESLIE J.RASE,ESQUIRE(58365)
CHRISTINA C.VIOLA,ESQUIRE(308909)
ANDREW J.MARLEY(312314)
STERN&EISENBERG,PC
1581 MAIN STREET,SUITE 200
WARRINGTON,PENNSYLVANIA 18976
TELEPHONE:(215)572-8111
FACSIMILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
The Bank of New York Mellon, as Trustee for
Structured Asset Securities Corporation, Civil Action: 13-3592 Civil
Mortgage Pass- Through Certificates, Series
2003-BC3, by its Servicer,-Ocwen Loan
Servicing, LLC
V. MORTGAGE FORECLOSURE
A. Clark Sheetz III
Defendant(s)
CERTIFICATION UNDER RULE 237.1
1, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten-day
notice of intention to enter judgment by default was sent to Defendants in accordance with Pa.
R.C.P.No. 237.1., a true and correct copy of which is attached hereto.
STERN &EISENBERG, PC
BY:
• SfINEN K. EISENB R , ESQUIRE
• M. TROY FREEDM , ESQUIRE
❑ JACQUELINE F. McNALLY, ESQUIRE
❑ LESLIE J. RASE, ESQUIRE
❑ LEN M. GARZA, ESQUIRE
0 iRIST1NA C. VIOLA, ESQUIRE
gr ANDREW J. MARLEY, ESQUIRE
Attorney for Plaintiff
I
STERN&EISENBERG PC
1581 MAIN STREET,SUITE 200
WARRINGTON,PA 18976
TELEPHONE:(215)572-8111
FACSIMILE:(215)572-5025 `
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY
The Bank of New York Mellon,as Trustee for
Structured Asset Securities Corporation,Mortgage Docket#: 13-3592 Civil
Pass-Through Certificates,Series 2003-BC3, by its
Servicer,Ocwen Loan Servicing,LLC TEN DAY NOTICE
(Plaintiff)
V.
A. Clark Sheetz III
(Defendant(s))
NOTICE PURSUANT TO Pa.R.C.P. 237.1
TO:
A. Clark Sheetz III
902 2nd Street
New Cumberland, PA 17070-2011
Date of Notice: Thursday,July 18,2013
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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:
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION
ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle,PA 17013
800-990-9108
717-249-3166
STERN BERG,PC
Atto-ney for Plaintiff
:n\10 Day\Cumberland\Ocwen.Sheetz 7.13.docx
STEVEN K.EISENBERG,ESQUIRE(75736)
M.TROY FREEDMAN,ESQUIRE(85165)
LESLIE J.RASE,ESQUIRE(58365)
CHRISTINA C.VIOLA,ESQUIRE(308909)
ANDREW J.MARLEY(312314)
STERN&EISENBERG,PC
1581 MAIN STREET,SUITE 200
WARRINGTON,PENNSYLVANIA 18976
TELEPHONE:(215)572-8111
FACSIMILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
The Bank of New York Mellon, as Trustee for
Structured Asset Securities Corporation, Civil Action: 13-3592 Civil
Mortgage Pass- Through Certificates, Series
2003-BC3,by its Servicer, Ocwen Loan
Servicing, LLC
V. MORTGAGE FORECLOSURE
A. Clark Sheetz III
Defendant(s)
CERTIFICATE UNDER ACT 91 OF 1983
It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not
protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L.
1688, No. 621 because notice, as required, was sent to Defendants and no timely response was
made.
STERN& IS BERG, PC
BY:
• &TOVE K. E ENBERG, S DIRE
• M. TROY FREEDMAN, `UIRE
• JACQUELINE F. McNA Y, ESQUIRE
• LESLIE J. RASE, ESQUIRE
• LEN M. GARZA, ESQUIRE
❑/'HRISTINA C. VIOLA, ESQUIRE
1 ANDREW J. MARLEY, ESQUIRE
Attorney for Plaintiff
STEVEN K.EISENBERG,ESQUIRE(75736)
M.TROY FREEDMAN,ESQUIRE(85165)
LESLIE J.RASE,ESQUIRE(58365)
CHRISTINA C.VIOLA,ESQUIRE(308909)
ANDREW J.MARLEY(312314)
STERN&EISENBERG,PC
1581 MAIN STREET,SUITE 200
WARRINGTON,PENNSYLVANIA 18976
TELEPHONE:(215)572-8111
FACSIMILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
The Bank of New York Mellon, as Trustee for
Structured Asset Securities Corporation, Civil Action: 13-3592 Civil
Mortgage Pass-Through Certificates, Series
2003-BC3, by its Servicer, Ocwen Loan
Servicing, LLC
V. MORTGAGE FORECLOSURE
A. Clark Sheetz III
Defendant(s)
CERTIFICATION OF ADDRESS
It is hereby certified that the last known addresses of the parties are as follows:
The Bank of New York Mellon, as Trustee, by its
Servicer, Ocwen Loan Servicing, LLC
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
(Plaintiff)
A. Clark Sheetz III
902 2nd Street
New Cumberland, PA 17070-2011
(Defendant(s))
STERN 'ENB G,
BY:
[j EVEN K. EISENB , ESQUIRE
❑ TROY FREED ESQUIRE
• JACQUELINE F.XctALLY, ESQUIRE
• LESLIE J. RASE, ESQUIRE
• LEN M. GARZA, ESQUIRE
❑ C RISTINA C. VIOLA, ESQUIRE
ANDREW J. MARLEY, ESQUIRE
Attorney for Plaintiff
M C=
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV&%
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
>C-)
The Bank of New York Mellon,**W- ❑Confessed Judgment E5 c�
Plaintiff ❑Other
VS. File No. 13-3592
A. Clark Sherd III Amount Due $129,312.22
Defendant Interest 8/3/13 at the perdiern of$9.62 until judgment
f�"-id infuul=
Address: Atty's Comm
902 2nd Street Costs
New Cumberland,PA 17070
TO THE PROTHONOTARY OF THE 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.
Issue writ of 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)
902 2nd Street,New Cumberland,PA 17070
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)
.902 2nd Street,New Cumberland,PA 17070
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 garnishee(s)as a fis pendens iustr es of the
defendant(s)described in the attached exhibit.
Date August 9, 2013 Signature:
Print Name: Xndrew J. Marle
Address: 1581 Main St, 4'ke 200
Warrington, PA 18976
Attorney for: Plaintiff
215-572-8111
7:5 Telephone:
J 4' :S6 Supreme Court ID No: 312314
Of Pw d)
q
r
i _its
ALL THAT CERTAIN piece or parcel of land with the buildings and improvements thereon
erected situate in the borough of New Cumberland, County of Cumberland and State of
Pennsylvania, and more particularly described as follows, to wit:
BEGINNING at a point on the southerly line of Second Street, said point being at a distance of
50 feet measured in a westerly direction from Wayne Avenue; thence in a westerly direction
along Second Street, 50 feet to a point; thence in a southerly direction along a.line parallel with
Wayne Avenue, 140 feet to a point on the northerly line of James Alley, thence along James
Alley, in an easterly direction along a line parallel with Wayne Avenue, 140 feet to a point or
place of beginning.
BEING Lots Nos. 3 and 4, Block "J" as shown on Plan No. 5 Rosemont Addition to the Borough
of New Cumberland, said plan being recorded in the Cumberland County Recorder's
Office in Plan Book No.3, Page 64.
HAVING thereon erected a two-story brick dwelling house, known as no. 902 Second Street,
New Cumberland, Pennsylvania.
UNDER and subject nevertheless to easements, restrictions, reservations, conditions and rights
of way of record.
PROPERTY ADDRESS: 902 2nd Street,New Cumberland, Pennsylvania 17070.
PARCEL ID: 25-25-0008-129
BEING the same premises which Peter R. Hlushak and Genevieve M. Hlushak, his wife, by
Deed dated April 25, 1989 and recorded May 1, 1989 in the Office of the Recorder of Deeds in
and for Cumberland County in Deed Book x33 Page 753, granted and conveyed unto A. Clark
Sheetz, III
STEVEN K.EISENBERG,ESQUIRE(75736)(
M.TROY FREEDMAN,ESQUIRE --
85165
)
LESLIE J.RASE,ESQUIRE(58365) J t t! 'fit'(
CHRISTINA C.VIOLA,ESQUIRE(308909) Ig
ANDREW J.MARLEY(312314)
STERN&EISENBERG,PC "UNLIERL A tiD C0 UN T v
1581 MAIN STREET,SUITE 200
WARRINGTON,PENNSYLVANIA 18976 }�� VIf
TELEPHONE:(215)572-8111
FACSIMILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
The Bank of New York Mellon, as Trustee for
Structured Asset Securities Corporation, Civil Action: 13-3592 Civil
Mortgage Pass- Through Certificates, Series
2003-BC3, by its Servicer, Ocwen Loan
Servicing, LLC
V. MORTGAGE FORECLOSURE
A. Clark Sheetz III
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
I,the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe
for the Writ of Execution was filed, the following information concerning the real property
located at 902 2nd Street,New Cumberland, PA.
1. Name and address of Owner(s) or Reputed Owner(s):
A. Clark Sheetz III
902 2nd Street
New Cumberland, PA 17070-2011
2. Name and address of Defendant(s) in the judgment:
A. Clark Sheetz III
902 2nd Street
New Cumberland, PA 17070-2011
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
N/A
4. Name and address of the last recorded holder of every mortgage of record:
CitiFinancial, Inc
3401 Hartzdale Drive, Suite 126
Camp Hill PA 17011
5. Name and address of every other person who has any record lien on the property:
N/A
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:
PA Department of Revenue
Bureau of Compliance
Box 281230
Harrisburg, Pennsylvania 17128
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:
Domestic Relations Tax Claim Bureau
Cumberland County Cumberland County Courthouse
13 North Hanover Street One Courthouse Street
Carlisle, PA 17013 Carlisle, PA 17013
Tenant(s)/Occupant(s)
902 2nd Street
New Cumberland, PA, 17070.
1 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 unswom falsification to authorities.
Date: August 9, 2013
>E e, PS
BY:
Zl�es VEKK. EISENB , SQUIRE
❑ M. TROY FREED)OX, ESQUIRE
jism
ANIA ❑ JACQUELINE F.McNALLY, ESQUIRE
NOTARIAL SEAL ❑ LESLIE J. RASE, ESQUIRE
ANGELA HARRIGAN,Notary Public ❑ LEN M. GARZA, ESQUIRE
Warrington Twp..Sucks Cnunty
-MY Commission Expires November 26,201J6 El^STINA C. VIOLA, ESQUIRE
EVANDREW J. MARLEY,ESQUIRE
Attorney for Plaintiff
Sworn t(? and subss n'bed bpfore me
this_&kDay of 2013.
Notary J%blic
STEVEN K.EISENBERG,ESQUIRE(75736)
LESLIE J.RASEDESQUIRE(58 65)5165) , tl
CHRISTINA
J.MARL Y(312Q3114(308909) '
STERN&EISENBERG,PC ^j�r I
1581 MAIN STREET,SUITE 200 J r ��8E1-14,N,
WARRINGTON,PENNSYLVANIA 18976 L�I N S YL Vp U A
TELEPHONE:(215)572-8111
FACSIMILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
The Bank of New York Mellon, as Trustee for
Structured Asset Securities Corporation, Civil Action: 13-3592 Civil
Mortgage Pass- Through Certificates, Series
2003-BC3, by its Servicer, Ocwen Loan
Servicing, LLC
V. MORTGAGE FORECLOSURE
A. Clark Sheetz III
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: A. Clark Sheetz III
902 2nd Street
New Cumberland, PA 17070-2011
Your real estate at 902 2nd Street , New Cumberland, PA is scheduled to be sold at Sheriffs
Sale on Wednesday, December 4, 2013 at . , at Sheriffs Office, Cumberland County
Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of$129,312.22
obtained by The Bank of New York Mellon, as Trustee, by its Servicer, Ocwen Loan Servicing,
LLC 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 Stern& Eisenberg, PC the back payments, late
charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may
call Stern&Eisenberg PC,telephone (215) 572-8111.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the
sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling Stern&Eisenberg PC, telephone (215) 572-8111.
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 in the sale. To
find out if this has happened you may call Stern& Eisenberg PC, telephone (215) 572-81.11.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and
the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid for your house. A Schedule of
distribution of the money bid for your house will be filed by the Sheriff on a date specified by
the Sheriff no later than 30 days after the sale date. This Schedule will state who will be
receiving that money. The money will be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after the date of filing of said schedule. You should check with the Sheriffs Office by
calling (717) 240-6390 to determine the actual date of filing of said schedule.
7. You may also have other rights and defenses, or ways of getting your house back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
800-990-9108
717-249-3166
STEVEN K.EISENBERG,ESQUIRE(75736)
M.TROY FREEDMAN,ESQUIRE(85165)
LESLIE J.RASE,ESQUIRE(58365)
CHRISTINA C.VIOLA,ESQUIRE(308909)
ANDREW J.MARLEY(31231.4)
STERN&EISENBERG,PC
1581 MAIN STREET,SUITE 200
WARRINGTON,PENNSYLVANIA 18976
TELEPHONE:(215)572-8111
FACSIMILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
The Bank of New York Mellon,as Trustee for
Structured Asset Securities Corporation,Mortgage Civil Action: 13-3592 Civil
Pass-Through Certificates, Series 2003-BC3, by its
Servicer, Ocwen Loan Servicing,LLC
V.
A. Clark Sheetz III MORTGAGE FORECLOSURE
Defendant(s)
RE: PREMISES: 902 2nd Street,New Cumberland,PA
Dear Sir or Madam:
Please be advised that I represent the above creditor that has a judgment against the above Defendant. As
a result of a default,the above referenced premises,also described on the attached sheet,will be sold by
the Sheriff of Cumberland County on Wednesday,December 4,2013 at at Sheriffs Office,
Cumberland County Courthouse, Carlisle,PA 17013 (subject to change without further notice).
The sale is being conducted pursuant to the judgment in the amount of$129,312.22 together with interest,
costs(and such other allowed amounts)thereon entered in the above matter in favor of Plaintiff against
the above-named Defendant(s)who is/are also the real owner of said premises. I have discovered that
you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect
your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of
lien or the effect of the Sheriff=s Sale upon your lien,we urge you to CONTACT YOUR ATTORNEY,
as we are not permitted to give you legal advice.
A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30
days after the sale date and the distribution will be made in accordance with the schedule unless
exceptions are filed thereto within ten(10)days thereafter.
August 9,2013
STE 4SEMB G,
BY:
❑ MVEN K.EISENBER , QUIRE
❑ M. TROY FREED QUIRE
❑ JACQUELINE F.M ALLY,ESQUIRE
❑ LESLIE J.RASE,ESQUIRE
❑ LEN M. GARZA,ESQUIRE
❑ CJMSTINA C. VIOLA,ESQUIRE
ANDREW J.MARLEY,ESQUIRE
Attorney for Plaintiff
ALL THAT CERTAIN piece or parcel of land with the buildings and improvements thereon
erected situate in the borough of New Cumberland, County of Cumberland and State of
Pennsylvania, and more particularly described as follows, to wit:
BEGINNING at a point on the southerly line of Second Street, said point being at a distance of
50 feet measured in a westerly direction from Wayne Avenue; thence in a westerly direction
along Second Street, 50 feet to a point; thence in a southerly direction along aline parallel with
Wayne Avenue, 140 feet to a point on the northerly line of James Alley, thence along James
Alley, in an easterly direction along a line parallel with Wayne Avenue, 140 feet to a point or
place of beginning.
BEING Lots Nos. 3 and 4, Block "J" as shown on Plan No. 5 Rosemont Addition to the Borough
of New Cumberland, said plan being recorded in the Cumberland County Recorder's
Office in Plan Book No.3, Page 64.
HAVING thereon erected a two-story brick dwelling house, known as no. 902 Second Street,
New Cumberland, Pennsylvania.
UNDER and subject nevertheless to easements, restrictions, reservations, conditions and rights
of way of record.
PROPERTY ADDRESS: 902 2nd Street,New Cumberland, Pennsylvania 17070.
PARCEL ID: 25-25-0008-129
BEING the same premises which Peter R. Hlushak and Genevieve M. Hlushak, his wife, by
Deed dated April 25, 1989 and recorded May 1, 1989 in the Office of the Recorder of Deeds in
and for Cumberland County in Deed Book x33 Page 753, granted and conveyed unto A. Clark
Sheetz, III
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO, 13-3592 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON Plaintiff(s)
From A. CLARK SHEETZ III
(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
GARNISHEES)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: $129,312.22 L.L.: $.50
Interest 8/3/13 AT THE PER DIEM OF$9.62 UNTIL JUDGMENT IS PAID IN FULL
Atty's Comm: Due Prothy: $2.25
Atty Paid: $195.96 Other Costs:
Plaintiff Paid:
Date:August 12,2013
David D.Buell,Prothonot
(Seal) B,4L
Deputy
REQUESTING PARTY:
Name: ANDREW J.MARLEY,ESQUIRE
Address: STERN&EISENBERG,PC
1581 MAIN STREET,SUITE 200
WARRINGTON,PA 18976
Attorney for: PLAINTIFF
Telephone:215-572-8111
Supreme Court ID No.312314
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION-LAW
ANDREW J. MARLEY, ESQUIRE
STERN&EISENBERG, PC
1581 Main Street, Suite 200
The Shops at Valley Square -a
Warrington, PA 18976', ,
(215) 572-8111 a ` `-,'
A N
I.D. #312314 r-
<cJ
c)
F,
•
The Bank of New York Mellon, as Trustee for v „
Structured Asset Securities Corporation, Civil Action Number: 13-3592tivil
Mortgage Pass- Through Certificates, Series
2003-BC3, by its Servicer, Ocwen Loan
Servicing, LLC
v. MORTGAGE FORECLOSURE
A. Clark Sheetz III
Defendant(s)
CERTIFICATE OF SERVICE
I,Andrew J.Marley,ESQ.,attorney for the within Plaintiff,hereby certify that notice of
the Sheriffs Sale was mailed to the Defendants by certified mail return receipt requested and
regular mail on September 24, 2013.
I further certify that notice of the Sheriffs Sale was mailed to each lienholder by regular,
first-class,postage prepaid mail on September 24,2013,as evidenced by copy of certificates of
mailing attached.
STERN &E ___ :ERGr i
BY:
A► W J. MARLEY
Attorney for Plaintiff
9/26/13
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1:12 .6 9'160 E000 095E 21102_
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff Pit
Jody S Smith ' 4 r
Chief Deputy ' -
Richard W Stewart -�
Solicitor Q�PiCE OF-t�E$I-ER Fr 7 ,
C-7 P-0 4:
The Bank of New York Mellon
Case Number
vs.
A Clark Sheetz III 2013-3592
SHERIFF'S RETURN OF SERVICE
10/02/2013 01:16 PM - Deputy Brian Grzyboski, 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 902 Second Street, New Cumberland Borough, New
Cumberland, PA 17070, Cumberland County.
10/02/2013 01:16 PM -Deputy Brian Grzyboski, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be the Defendant, to wit: A
Clark Sheetz III at 902 Second Street, New Cumberland Borough, New Cumberland, PA 17070,
Cumberland County.
12/03/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $1,043.24 SO ANSWERS,
December 03, 2013 RON R ANDERSON, SHERIFF
sv 106
!c;rounySulte Sheriff Telecs-ft In .
On August 22, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
New Cumberland Borough, Cumberland County, PA,
Known and numbered as, 902 Second Street,
New Cumberland, as Exhibit "A" filed with this
writ and by this Reference incorporated herein.
Date: August 22, 2013
By:
Real Estate Coordinator
WRIT OF EXECUTION and/or ATTACHMENT
COMMQNWEA'LTH OF PENNSYLVANIA) NO. 13-3592 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON Plaintiff(s)
From A. CLARK SHEETZ III
(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:$129,312.22 L.L.: $.50
Interest 8/3/13 AT THE PER DIEM OF$9.62 UNTIL JUDGMENT IS PAID IN FULL
Atty's Comm: Due Prothy: $2.25
Atty Paid: $195.96 Other Costs:
Plaintiff Paid:
Date: August 12,2013
David D.Buell, Prothonota
(Seal)
Deputy
REQUESTING PARTY:
Name: ANDREW J.MARLEY, ESQUIRE
Address: STERN& EISENBERG,PC
1581 MAIN STREET,SUITE 200
WARRINGTON,PA 18976
Attorney for: PLAINTIFF
Telephone: 215-572-8111
Supreme Court ID No. 312314
TRUE COPY FR01%4 RECD^D
In Testimony whereof, I here unto set my hand
and the seal of said Court at Carlisle, Pa.
This Io? day of 20
Prothonotary
LXII 41 CUMBERLAND LAW JOURNAL 10/11/13
Writ No. 2013-3592 Civil Term of Deeds in and for Cumberland
County in Deed Book x33 Page 753,
THE BANK OF granted and conveyed unto A. Clark
NEW YORK MELLON Sheetz,III.
VS.
A. CLARK SHEETZ,III
Atty.: Steven Eisenberg
ALL THAT CERTAIN piece or par-
cel of land with the buildings and im-
provements thereon erected situate
in the borough of New Cumberland,
County of Cumberland and State of
Pennsylvania,and more particularly
described as follows,to wit:
BEGINNING at a point on the
southerly line of Second Street,said
point being at a distance of 50 feet
measured in a westerly direction from
Wayne Avenue;thence in a westerly
direction along Second Street, 50
feet to a point;thence in a southerly
direction along a line parallel with
Wayne Avenue, 140 feet to a point
on the northerly line of James Al-
ley,thence along James Alley,in an
easterly direction along a line paral-
lel with Wayne Avenue, 140 feet to a
point or place of beginning.
BEING Lots Nos. 3 and 4, Block
"J"as shown on Plan No.5 Rosemont
Addition to the Borough of New Cum-
berland,said plan being recorded in
the Cumberland County Recorder's
Office in Plan Book No.3,Page 64.
HAVING thereon erected a two-
story brick dwelling house,known as
no.902 Second Street,New Cumber-
land,Pennsylvania.
UNDER and subject nevertheless
to easements, restrictions, reserva-
tions, conditions and rights of way
of record.
PROPERTY ADDRESS: 902 2nd
Street, New Cumberland, Pennsyl-
vania 17070. PARCEL ID: 25-25-
0008-129.
BEING the same premises which
Peter R. 1-ilushak and Genevieve
M.Hlushak,his wife,by Deed dated
April 25, 1989 and recorded May 1,
1989 in the Office of the Recorder
108
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, ditor
SWORN TO AND SUBSCRIBED before me this
25 dav of October, 2013
C-2
Notary
7tiotary EAL
DLLINS
lic CARLISLE BBERLAND COUNTY My Com s Apr 28,2014
The Patriot-News Co.
2020 Technology Pkwy i4t atr1*otwXews
Suite 30b
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.
PUBLICATION COPY-. This ad ran on the date(s)shown below:
10/13/13
10/20/13
< 10/27/13
Sworn t and s bscribed 'N
efore me thi day of November, 2013 A.D.
ry ub
RFt�q[ •�,�pENf�dSYI bANFA
�e,)tary Public
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Y c0_TiSJf__°n Exores Dec.22,2016
MEM3FR.PENNSYLVANIA ASSOCIATION OF NOTARIES
20134M CW Thn?tta
THE ZMK OF NOW T'a1M(
w
Vs.
A CLARKSHEETZ Al
Arty: Steven ENedwE
ALL THAT CERTAIN piece or parcel of
land with the buildings and impr8vements
thereon erected situate in the borough of
New Cumberland, County of Cumberland
and State of peungivania, and more
particularly described as follows,to wit:
BEGINNING at-a point on the southerly
line of Second Street,said point being at a
distance of 50 feet measured in a westerly
direction from Wayne Avenue;thence in a
westerly dncbm along Second Street,50
feet to a VdKawhn a southerly direction
along a)ine parllel with WayneAvenue,
140 feet tea point on the northerly line of
James Alley,Once along a Aft-w�
easterly direwou*keg Wayne Awsme,140 feet to a,point or place
of beginning.
BEING Low Nos 3 and 4,Block"r as
shown on ran No.5 Rosemont Addition to
the Borough of New Cumberland,said plan
being recorded in the Cumberland County
Recorder's Office to Plan Book No3,Page
64.
HAVING thereon erected a two-story brick
dwelling house,-known as no.-902 Second
-Street,New Cumberland,Pennsylvania.
UNDER and „subject nevertheless to ,
easements, restrictions, reservations,
conditions and rights of way of record.
PROPERTY ADDRESS: 902 2nd Street,
New Cumberland, Pennsylvania 17070. 1
PARCEL ID:25-25M&129
BEING'the same.ptemises which Peter R.
Hlushak and GenevievelL Hlushak,his wife,
by Deed dated April 25,1989 and recorded
may 1,1989 in the Office of the Recorder
of Deeds in and for Cumberland County
in Deed Book x33 Page 753,granted and
conveyed unto A.Chit Shedz,M
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY
CIVIL ACTION -LAW
ANDREW J, MARLEY, ESQUIRE
STERN & EISENBERG PC rnco
rat r's-t �
1581 Main Street, Suite 200 c� , r
The Shops at Valley Square C)
Warrington, PA 18976 [ ,.o ~
(215) 572-8111 'x`'
I.D. #312314 -- -
The Bank of New York Mellon, as Trustee for
Structured Asset Securities Corporation,
Mortgage Pass- Through Certificates, Series
2003-BC3, by its Servicer, Ocwen Loan
Servicing, LLC Civil Action Number: 13-3592 CIVIL
v.
A. Clark Sheetz III
Defendant(s)
PRAECIPE TO VACATE JUDGMENT WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Subsequent to the entry of judgment, Plaintiff, WELLS FARGO BANK, as trustee, directs
the Prothonotary to vacate the judgment without prejudice to the continuing validity of the note and
mortgage and without prejudice to Plaintiff's right to institute a separate proceeding on the note or
mortgage against the Defendant as a result of any default.
STERN& EISENBERG, PC
BY-
DREW J, MAt_ " ', E'Q.
Attorney for P .intiff
12/4/2013
4'9,sb
14,Ty)
GI y
1--.-G2 9 Lid
ANDREW J, MARLEY, ESQUIRE I -1:: ' `.t0 -}{(�+,i(
STERN & EISENBERG PC 4l j DEC _ � }
1581 Main Street, Suite 200 +
The Shops at Valley Square "U��1SE �L U ` { .
Warrington, PA 18976 PENNSYLVI Nlt1
(215) 572-8111
I.D. #312314
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
The Bank of New York Mellon, as Trustee for
Structured Asset Securities Corporation,
Mortgage Pass- Through Certificates, Series
2003-BC3, by its Servicer, Ocwen Loan
Servicing, LLC Civil Action Number: 13-3592 CIVIL
v.
A. Clark Sheetz III
Defendant(s)
ORDER TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE
To the Prothonotary:
Kindly mark the above captioned matter as settled, discontinued and ended, without
prejudice, upon payment of your costs only.
STERN& EISENBERG, PC
BY.
• IREWJ, MA'
Attorney for P .
12/4/2013