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R Court of Common Pleas Civil Cover Sheet For Prothonotary Use Only: ' Docket No: Cumberland County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: EverBank Lead Defendant's Name: Carole A. Simmons C T Dollar Amount Requested: LJ within arbitration limits I Are money damages requested ?: ❑ Yes ® No (Check one) ® outside arbitration limits O N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: Christopher A. DeNardo, Esquire ❑ 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not ❑ Employment Dispute: include mass tort) Discrimination E ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other E] Zoning Board C ❑ Other: T ❑ Other: I ❑ Other: O MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS B ❑ Toxic Waste El Ejectment [:1 Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 = "' 3600 HORIZON DRIVE, SUITE 150 ` t KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 z S & D FILE NO. 13- 043455 �' < r: v EverBank COURT OF COMMON PLEAS = °_ ,:.? f_ PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY - VS. / NO: 1 - yO�a v�( Carole A. Simmons 36 Westwood Court Enola, PA 17025 DEFENDANT COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ,� �1d3. �jx✓Q� a� k-*1tjA169'? C Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 043455 EverBank COURT OF COMMON PLEAS =; PLAINTIFF CIVIL DIVISION - Tj - - � CUMBERLAND COUNTY FT NO: Carole A. Simmons a , 36 Westwood Court > ° Enola, PA 17025 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, EverBank, the address of which is, 301 West Bay Street, Jacksonville, Florida 32202, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage Mortgagee Mortgage Electronic Registration Systems, Inc., as Nominee for Taylor, Bean & Whitaker Mortgage Corp. Mort ag_gor(s) Carole A. Simmons (b) Date of Mortgage July 29, 2009 (c) Place and Date of Record of Mortgage Recorder of Deeds Cumberland County Document ID# 200926620 Date: July 30, 2009 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments Assignor: Mortgage Electronic Registration Systems, Inc., as Nominee for Taylor, Bean & Whitaker Mortgage Corp. Assignee: EverBank The assignment is in the process of being formalized. 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by operation of law. 3. The real property which is subject to the Mortgage is generally known as 36 Westwood Court, Enola, PA 17025 and is more specifically described as attached as part of Exhibit 4. Each Mortgagor named in Paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note "). A true and correct copy of the Note is attached and marked as Exhibit "B ". 5. The name and mailing address of the Defendant is: Carole A. Simmons, 36 Westwood Court, Enola, PA 17025. 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of September 1, 2012 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of July 17, 2013: Principal Balance Due $146,698.43 Interest Currently Due and Owing at 5.5% $7,749.75 From August 1, 2012 through July 17, 2013 Late Charges $592.95 Escrow Advances $743.90 Appraisal Fees $400.00 Property Inspection $120.00 TOTAL $156,305.03 9. Interest will continue to accrue each month that the debt remains unpaid, subject to further adjustment as set forth in the underlying Mortgage and Note, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 10. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 11. Notice of Intention to Foreclose with the information required pursuant to 41 P.S. § 403 commonly known as Act 6 and demand for payment was sent to each individual Defendant by Certified and Regular Mail. Copies of the Notice are attached as Exhibit "C ". 12. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. § 1707- 1715z -18). Accordingly, the Homeowners' Emergency Assistance Act of 1983, 35 P.S. § 1680.402c is not applicable. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: ? BY: rneys for PI ntiff S & D File No. 13- 043455 T• -022 P0010/0020 F- -029 I Prepared By: Taylor, e®an S Whitaker Mortgage Corp. 1417 North Magnolia Ave Ocala, FL 94475 Return To: JAMES, SMITH, DIETTERICK A CONNEL.LY 00OR7Z 134 SIPE AVENUE HUMMEL.STOWN , PA Ime Parcel No.. 09- 12.2992412 ISp*Cro Abow This Liao For ItmordSny Data] MORTGAGE FH "� MIN: 8 THIS MOR'T'GAGE ( "Secuuity Instnuoe110 is given on July 29, 2009 The mortgagor is Carole A. Sltttmons (" 13mrowef). This S=1`4Instrume is given to Mortgage 131ectronie Registration Systems, Inc. CMERS1. MFRS is a separate corporation that is acting solely as nominee for Lender and Lender's successors and assigns. MEIRS is the mortgagee under this Seenrity InstrumeaL MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of 3300 S.W. 34th Avenue, Suite 101, Ocala, FL 34474 or P.O. Box 2026, Flint, MI 4g5o1 -2026, tel. (888) 679 -MFRS. Taybr, Sean & Whitaker Mortgage Corp. ( - Lender") is organized and existing and underthe laws of FL has an address of 1417 North Magnolia Ave, OCala, FL 34475 Borrower owes Leader the principal sum of One Hundred Fifty► Three Thousand Two Hundred Ninety Six and noll00 Dollars (U.S. $153,296.00 ). 'Thus debt is evidenced by Borrower's mote dated the same date as this Security Instrument ("Nose'), which p rovi des for mont}tly payments, with the fuli debt, if not paid earlier, due and pays August 01, 2039 . This Security Instrwment secures to Loader (a) the repayment of the debt evidenced by the Note, with ]merest, and all renewals, extension and modifications of the Note; (b) the payment of all offer sutra, with imerest, advanced under paragraph 7 to protect the security of this Security Instrument; and (e} the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For 6196 PENMYL.VANIA IFRA MORTGAG9 A:�� I1d1Nmil�IIIIIN��li�lllll�ll�l�l���l�ufi�� 20 03`3 `a° Tz7r 9 S o h� b• �- 4 T -022 P0011/0020 F -029 this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in Cumberland County, Pennsylvania: See Attached Exhibit A. which has the address of 36 Wes Court Enola , Pennsylvania 17025 ( "Property Address"); (Ci (zip CO&I TOGETHER WITH all the improvements now or hereafter crrctcd on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All raplacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the intcrests granted by Borrower in this Scourity Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right to exercise any or all of those interests, including, but not limited to, the right to fortclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security InstmMew. BORROWER COVENANTS that Borrower is lawfully scised of the estate hereby conveyed and has the right to mortgage, grant and convcy the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defond generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest stud Late Charge. Borrower shall pay when due the principal Of and interest ON the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4, in any year in which tho Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ( "Secretary`s, or in any year in which such premium would have been rcquired if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the PENNSYLVANIA p11A moRTCAGE 096 ctir+ PcmmeywAN"Eas (POOH 2d REM 277512 (061��8) T -022 P0012/0020 F -029 Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Renal Estate Settlement Procedures Act of 1974, 12 U.S.0 § 2601 et seq. and implementing regulations, 24 CFX Part 3500, as they may be amended from time to time ( "RESPA"), except that the cushion or reserve permitted by Rl~SPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for 12scrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess ftmds as required by RESPA, if the amounts of funds held by Lender at any time are not sufficient to pay the Escrow items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument if Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for alt installments for items (a), (b), and (e). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: EIItST to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium, SECOND to any taxes, special assessments, leasehold payments or ground rents, and tire, flood and other hazard insurance premiums, as required; THIRD, to interest due under the Note; FOURT to amortization of the principal of the Note, and FIFTH, to late charges due under the Note. 4. Fire, Flood and Other Hazard insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shad also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payablo clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrowor. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument sball be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of tide to the property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. eENNSYLVANIA PRA MORTGAGE 6196 a.rooiao vEeaearLvAWU*rMs grew set N ITEM 277863I9614W T -022 P0013/0020 F -029 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Under determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Oorrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lendees Rights In the Property, Borrower shall pay all governmental or municipal charges, fines and impositions that am not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Under receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lander may do and pay whatever is necessary to protect the value Of the property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. aragraph steal l become: an additional debt of Borrower and Any amounts disbursed by Lender under this p be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Borro m Borrower shall promptly discharge any lien which has priority over this Security Instruent unless Borrower; (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien-, or (c) searres from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. perNNSYLVANIA FRA MORTGAGE b/96 ce��tooco' PENNBYWAM"t:KS (PWD* 4 d9) ITEM 27TSIA (06110% T -022 P0014/002O F -029 S. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if.' (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval Lender shall, if permitted by applicable law (including section 341(d) of the Gam -St Germain Depository Institutions Act of 1982,12 U.S.C.1701 j -3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if- (i) All or part of the property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subscquesnt events. (d) Regulations of HUD Secretary. in many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize: acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within eight months from the date hereof, bender may, at its option require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to eight months from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10, Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failura to pay an amount due under the Note or this Security Insrument. This right applies even after foreclosure proceedings are imlituted. To reinstate the Security Instrument. Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by ,Borrower, this Security Instrument and the obligations that it seance shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a Current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien orated by this Scetu'ity Instrument. 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or modification of amortization of the stars secured by this Security Instrument granted by Lender pgNNSYLVANL4 M MORTGAGE Asa amstomao t+ENNSVLVANIAdAERS (Bps 6 a aj rrEM tT15L5 (061106) T -022 P0015/0020 F -029 to any swcessor in interest of Borrower shall not operate to release the liability of the original Borrower or Borroweessuecessors in interest Lender shall not be required to commence proceedings against any successor in irttemd or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interes. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any tight or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co- Signers. The covenants and aVeartents of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under rite serves of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Leader and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Bonowees consent. 113. Notlees. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless Applicable law requires use of another method. The notice shall be dirWed to the Property Address or any outer address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of due jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions ofthis Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. borrower shall bo given one conformed copy of the Note and of this security InsC,mtrnt. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use. disposal, storage. or refuse of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that one generally =ognized to be appropriate to normal residential arcs and to maintenance of the Property. Borrower Shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Envirownental Law of which Borrower has actual knowledge. If Borrower leams, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with EnvbuumwtRl Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous; substances by pstvironmental Law and the following substances. gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, satiety or environmental protection. PBNNSYLVANU FHA MoirrGAGS b196 nQiA ltt7lla 1061100) (Peps cd N T -022 P0016/0020 F -029 NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows! 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Leader's agents m collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Leader or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, B orrower shal I collect and receive all rents and revenues ofthe Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. IfLender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Gender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall n ba required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedare, If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrurruentby judicial proceedings. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ( "Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act, Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph IS or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower' grime! oreiastateprovidedinparagraphlOshallextendtoo hoar prior to the commencrntent of bidding at a sheriff's sale or other sale pursuant to this Securi ty Instrumrn 22. Purchase Money Mortgage. if any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rata payable from time to time under the Note. PENNSYLVANIA FKA MORTGAGE 696 Gngooa� AE WYLVANIA -HERS (Pop 7of9; rr9m 27MLr (ao11091 i T -022 P0017/0020 F -029 U. Riders to this Security instrument. if one or more riders are executed by Borrower and recorded together with this Security Inatnunernt, the covenants of each su ch rider shall be incorporated into and shall amend and supplenhent the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check applicable box(es)). 0 Condominium Rider ❑ Graduated Payment Rider Growing Equity Rider ❑ Planned Unit Development Rider �] Adjustable Rate bider [] Rehabilitation Loan Rider ❑ Non -Owner OCcq=cy Rider ❑ Ot her [Specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in pages I through 9 of this Sw Instrument and m der( executed by Borrower and recorded with it. 4 (iA (Seal) (Seal) Carole A. Simmons - Borrower •Borrower (Seal) (Seal) .gorrow er •borrower (Seal) (Seal) .grower - Borrower h seaied and red in the presence of' / wi PENNSYLVANIA FIIA mokTGAGE V% rewsYLMANAMM Gno ml n• � �� t0611Yq (Pops 8 d 2) T -022 P0018/0020 F -029 State of County of On this, tha 2C44 1 day of �"�,�� �� , before me a notary public, the undersigned officer, personally appeared known to me (or satisfactorily proved) to be the person(s) whost; namc(s) Ware subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained_ IN WITNESS WEIEA90F, l hereunto act my hand and officiat COMMONWEALTH OF PENNSYLVANIA Nota7 Pr : . NOTARIAL SEAL MICHELLE ELLIOTT NOTARY PUBLIC . , .Y' ••.'s. , DERRY TOWNSHIP DAUPHIN COUNTY MY cOMMISSION EXPIRES JUNE 9 2411 .' '� `. � "�J' :YAas � = C i jtt yew CMTIFICATE OF MRSIMNCE do hereby certify that the correct address of the within named lender is 1417 North Magnolia Ave, Ocala, FL 34475 Witness my hand this d ay of Agent of Lender PENNSYLVANIA FNA MORTGAGE 6'/46 PENNanvw IA -MERa GNAM S nFJ� 2775LA (081108) D'em 9 V 9J T -022 P0019/0020 F -029 EXIMIT "A" —LEGAL DESCRIPTION MORTGAGE FROM CAROLE E. SIMMONS TO TAYLOR, BEAN & WHITAKER MORTGAGE CORP. DATED JULY 29, 2009 ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Westwood Court at the division line between Lots Nos. 40 and 41 on the hereinafter mentioned Plan of Lots; thence along said division line North 80 degrees 50 minutes 40 seconds East 120.00 feet to a point at the division line between Lots Nos. 41 and 45; thence along said division line South 09 degrees 09 minutes 20 seconds Past 24.01 feet to a point at the division line between Lots Nos. 41 and 42; thence along said division line South 80 degrees 50 minutes 40 seconds West 120.00 feet to a point on the eastern line of Westwood Court; thence along said line North 09 degrees 09 minutes 20 seconds West 24.00 feet to a point, the place of BEGINNING. CONTAINING 2,880.00 square feet. BEING Lot No. 41 as shown on a Final Subdivision Plan for Westwood Court, prepared by Paul E. Grof & Associates, Inc., and recorded on October 27, 1992 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 65, Page 40. HAVING THEREON ERECTED a townhouse known and numbered as 36 Westwood Court, Enola, Pennsylvania 17025. T -022 P0020/0020 F -029 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY X COURTHOUSE SQUARE = '~ a CARLISLE, PA 17013 717 - 240 - 6370 Instrument Number - 200926620 *'dotal pages -11 Recorded On 7/30/2609 At 1:38:14 FM B • Instrument Type - MORTGAGE Invoice Number - 49398 User ID - KW • Mortgagor SIMMONS, CAROLE A * Niurtga ,cc . MORTGAGE ELECTRONIC REGISTRATION SYS'T'EMS INC + Customer - ,TAMES SMITH DIETTERICK & CONNELLY *FEES STATE MUT TAX $0.50 Certification Page STATS JCS /ACCESS TO $10.00 JU STICE DO NOT DETACH RECORDING FES$ - $23.50 RLCopmER OF DEEDS This gage is n ow part pARCEL CLRTIFICATION $10.00 o f this legal document. FEES AFFO""LE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $60.50 I Certify this to be recorded in Cumberland County PA RECORDER O D DS + - Information denoted by an asterisk may change duriag the verification process and may not be reflected on this page- Illlllllll IIIII��I�(Illfl F r� NOTE FHA CASE NO. July 29, 2009 [Dace] 36 Westwood Court Enola, PA 17025 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assign's.. "Lender" means Taylor, Bean & Whitaker Mortgage Corp. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from bender, Borrower promises to pay the principal sum of One Hundred Fifty Three Thousand Two Hundred Ninety Six and no1100 Dollars (U.S. $153,296.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Five and One Half percent ( 5.5000 ° /a) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument-that is dated the same date as this Note and called the "Security Instrument." The Security - Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on September 01, 2009 . Any principal and interest remaining on the first day of August 2039 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at Taylor, Bean S Whitaker Mortgage Corp., 1417 North Magnolia Ave, Ocala, FL 34475 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. S 870.40 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. MULTISTATE FHA FIXED RATE NOTE 6!% ITE MUL TISTA T E 1 111111 !1111 IIIli IIIII Il111 Illll IIII[ IIII l 11111111[ 11111 IIIII IIIII IIII IIII T643220090408.100007 '0232053409503' (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box.) Growing Equity Allonge ❑ Graduated Payment Allonge ❑ Other [specify] 5. BORROW ER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent ( 4.0000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then bender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving.its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in fu�l1, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. MULTISTATE FHA F CED RATE NOTE "6 Ctieamom* MULTISTATE (Pepe 2 of 3) REM 6=L2 ( =09) Y SIGNING BELOW Borrower accepts and agrees to the terms and covenants contained in pages 1 through 3 of this Note. (Seal) (Seal) C8rOte C: $Immons - Borrower Borrower I i I -Borrower -(Sea -B ( wer (Seal) (Seal) - Borrowcr - Borrower VMWI recourn, pay to the order of EverBank By: Taylor, Bean .A Whitaker [Sign 0?lginal OnW MWIVAge CO.. 'L ' ,./ Ma Carter•Siuw E.Y.P. PAY TO THE ORDER OF WITHOUT RECOURSE 8Y: Eve-'�n SIGNED: ichael tarant Asst. Vice President MULTISTATE FHA FIXED RATE NOTE 6196 MULTISTATE GmatDome ITEM 64321.3 (02ZT09) {Page 3 d 3) Ev erho me MORTGAGE 301 W. Bay Street Jacksonville, FL 32202 Homeowner Solutions Group 7182 6389 3060 2230 5610 Carole Simmons 36 Westwood Ct Enola, PA 17025 -1510 III��I' llllllll�' ���1 '��III'I�III�I�1� 11/20/2012 Re: Mortgage Holder: EverBank Mortgage Servicer: Everhome Mortgage Property Address: 36 WESTWOOD CT ENOLA, PA 17025 Loan Number: Due Date: 09/01/2012 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor: The MORTGAGE held by EverBank (hereinafter we, us or ours) on your property located at 36 WESTWOOD CT, ENOLA, PA 17025 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1,136.26 for 09/01/2012 through the date of this notice. Late charges and other charges have also accrued to this date. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $3,680.92. Monthly Payments Totaling $3,408.78 Late Fees Totaling $272.14 Advances Totaling $0.00 Other Fees Totaling $0.00 Total Amount Past Due: $3,680.92 You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $3,680.92 plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made by either cash, cashier's check, certified check or money order and made payable to " Everhome Mortgage" and mailed or delivered as follows: MAILED TO: P.O. Box 530579, Atlanta, GA 30353 0579 DELIVERED TO: 301 W. Bay Street, Jacksonville, FL 32202 If you do not cure the default within THIRTY DAYS (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the M I 1 vi reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately six months. A notice of the 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 will be by calling us at the following number 800 - 669 -7724. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff s sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, Everhome Mortgage Homeowner Solutions Group 800 - 669 -7724 Helping Families Find Solutions 1 4 VERIFICATION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Property held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 2 0,1 3 NAME: Mn TITLE: Vice C F- 'I Aident COMPANY: S & D FILE NO: 13- 043455 Carole A. Simmons FORM I IN THE COURT OF COMMON PLEAS OF EverBank CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Carole A. Simmons eY 36 Westwood Court Enola, PA 17025 DEFENDANT 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 that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a.legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. - A Respectfully submitted: SHAPIRO & DeNARDO, LLC Date Att eys for Plaintif t 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: CUST .. 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 WER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? FIN ANCIAL •• • First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the Loan in Bankruptcy? Yes ❑ No ❑ i If yes, provide names, location of court, case number & attorney Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount Owed: Value: Automobile #2: Model: Year: Amount Owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount Owed: Value: Monthly Income: Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: Please only include expenses vou are currently a in EXPENSE AMOUNT EXPENSE AMOUNT Mortage Food 2 Id 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 Su ort/Alim. Spending Money Day /Child Care /Tuft. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: 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 ORIZATIO N I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating in financial situation for possible mortgage options. I /We understand that I /We am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) FORM 3 IN THE COURT OF COMMON PLEAS OF EverBank CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Carole A. Simmons 36 Westwood Court Enola, PA 17025�� DEFENDANT 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 false 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 S FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendantiborrower 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 within 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. t 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. Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V S. Defendants 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 that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 1.0 113 1 Date [Sign re of Counsel It r Plaintiff] 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: CUST 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-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? INFORMATI FINANCIAL First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the Loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney c Y Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount Owed: Value: Automobile #2: Model: Year: Amount Owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount Owed: Value: Monthly Income: Name of Employers: 1. 2. 3. Additional Income Description (not wages): I monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Ex enses: Please only include expenses von are currently a in EXPENSE AMOUNT EXPENSE AMOUNT Mortage 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 /Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: 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: •' • I /We, , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating in financial situation for possible mortgage options. I /We understand that I /We am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson z` t_1=r f T F tic Sheriff u, f 't i ��Vxp at clrrnbr Jody S Smith � 20 1 Chief Deputy t Richard W Stewart ''. r (,UMBEf), AN0 Co �j• y, Solicitor OFF< E0r THE$4ERIFF PENNSYLVANIA Ever Case Number vs.. Carole Simmons 1 2013-4032 SHERIFF'S RETURN OF SERVICE 08/01/2013 06:04 PM- Deputy Amanda Cobaugh, 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: Carole Simmons at 36 Westwood Court, East Pennsboro, Enola, PA 17025. .. Arn runr&LLo" AMANDA COBAUGH, DEPUTY 08/01/2013 06:04 PM - Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Carole Simmons , who accepted as"Adult Person in Charge"for Occupant at 36 Westwood Court, East Pennsboro, Enola, PA 17025. A DA COBA H, DEPUTY SHERIFF COST: $77.90 SO ANSWERS, August 02, 2013 RoNNNY R ANDERSON, SHERIFF ic;CountySuite Sheriff:Teleoson;,Inc. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. Nf1 JJ 4716 AI 10: 314 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 31140 9 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 'U ERLAN0 COUNTY AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 PENNSYLVANIA 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043455 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Carole A. Simmons DEFENDANT NO:13-4032 Civil PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $161,300.24 in favor of the Plaintiff and against the Defendant, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid $146,698.43 Interest accrued $9,413.18 Late Charges $729.84 Escrow Advances $3,005.04 Property Inspection $180.00 Attorney Fees &Costs of Foreclosure -, $1,273.75 TOTAL $161,300.24 BY: 414111■ �,Attorney for Plaintiff ;AND NOW,judgment is entered in favor of the f and a inst the Defen t and damages are assessed as above in the sum of$161,300.24. 1 sof P 414114" ro. rot, : :.. 13-043455 61(0,6Dpel 47 190/340.?_ ct6qsY kTuy," �YIr, SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE,ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 13-043455 EverBank COURT OF COMMON PLEAS 301 W. Bay Street CUMBERLAND COUNTY Jacksonville, FL 32202 PLAINTIFF 13-4032 Civil VS. Carole A. Simmons DEFENDANT(S) STATE OF: Pennsylvania COUNTY OF: Montgomery AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above captioned Defendants last known address is as set forth in the caption and they are not to the best of our knowledge, information or belief, in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. S• • PIRO &DeNARDO, LLC Date: t D\F-3 � BY: 1` Att. .r Plaintiff ' • •g,ESQ. Sworn to and subscribed ,: :Am#308367 TTr . w ,Q-,,oin before me this I S day of CJ O ,2013. Notary Public Department of Defense Manpower Data Center Results as of:Oct-15201305:36:48 SCRA 3.0 ' Status Report r; P uant to Servicernembers Civil Relief Act Last Name: SIMMONS First Name: CAROLE Middle Name: Active Duty Status As Of: Oct-15-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Data 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. h % ai Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility :..eporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: P5L9F011 NOAB050 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D.NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043455 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 13-4032 Civil Carole A. Simmons DEFENDANT CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, October 1, 2013 to the following Defendants: Carole A. Simmons, 36 Westwood Court, Enola, PA 17025 Sheenal 4 ', Legal sistant to Christopher A. DeNardo, Esquire for Shapiro & DeNardo, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043455 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 13-4032 Civil Carole A. Simmons DEFENDANT NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Carole A. Simmons DATE OF NOTICE: October 1, 2013 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth 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: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. i d"" NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez(10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Carole A. Simmons, 36 Westwood Court, Enola, PA 17025 SHAPIRO &DeNARDO, LLC Date: )61 11 L3 BY: Att r - s for • ain ff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043455 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Carole A. Simmons DEFENDANT NO:13-4032 Civil CERTIFICATE OF SERVICE I, Amy Glass, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Carole A. Simmons, 36 Westwood Court, Enola, PA 17025 Date Mailed: /04c43 SHAPIRO & DeNARDO, LLC Date: 16'1 CL3 BY: j-+� Arr eys for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043455 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Carole A. Simmons DEFENDANT NO:13-4032 Civil CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor(Plaintiff) is: EverBank 301 W. Bay Street Jacksonville, FL 32202 and that the last known address of the judgment debtor(Defendant) is: Carole A. Simmons 36 Westwood Court Enola, PA 17025 SHAPIRO & DeNARDO, LLC Date: 0-/c't3 BY: • ttorne;s for Plaintiff 13-043455 AMY GLASS,ESQ. PA BAR#308367 NJ BAR# 13862010 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 -b.Ru a, Prothonotary TO: Carole A. Simmons 36 Westwood Court Enola, PA 17025 • EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Carole A. Simmons DEFENDANT NO: 13-4032 Civil NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary [XX] Judgment by Default [ ] Judgment for Possession /01 1013 [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY AMY GLASS, ESQUIRE AT (610)278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment () Other EverBank File No. 13-(103a PLAINTIFF Amount Due $161,300.24 Interest October 2, 2013 to March ,2R1 4 is $3,767.43 `A' ° ` vs. Atty's Comm ' r Costs u)r- Carole A. Simmons yc) x DEFENDANT(S) c o _ TO THE PROTHONOTARY OF THE SAID COURT: c.� u .r- -- The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property(if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a li • q de : agate--1st -.1 estate of the defendant(s) described in the attached exhibit. Date: /O4.$'13 Signature: JA Print Name: A Glass s•uire Address: 3%00 Horiz• Drive, Suite 150 O 5o Ki , P r,ssia, PA 19406 Attorney for: Plaintiff of qr Supreme Court ID #PA Bar# 308367 103. )S (I it f .,ast--4-6- . 5n Lc cat_ NO, 21a7? �qsy ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Westwood Court at the division line between Lots Nos. 40 and 41 on the hereinafter mentioned Plan of Lots; thence along said division line North 80 degrees 50 minutes 40 seconds East 120.00 feet to a point at the division line between Lots Nos. 41 and 45; thence along said division line South 09 degrees 09 minutes 20 seconds East 24.00 feet to a point at the division line between Lots Nos. 41 and 42; thence along said division Line South 80 degrees 50 minutes 40 seconds West 120.00 feet to a point on the eastern line of Westwood Court; thence along said line North 09 degrees 09 minutes 20 seconds West 24.00 feet to a point, the place of BEGINNING. CONTAINING 2,880.00 square feet. BEING Lot No. 41 as shown on a Final Subdivision Plan for Westwood Court,prepared by Paul E. Grof Associates, Inc., and recorded on October 27, 1992 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 65, Page 40. HAVING THEREON ERECTED a townhouse known and numbered as 36 Westwood Court, Enola. Pennsylvania 17025. PARCEL No. 09-12-2992-112 BEING the same premises which Edwin L. Owen and Teresa S. Owen, husband and wife, by Deed dated July 29, 2009 and recorded July 30, 2009 in the Cumberland County Recorder of Deeds Office as Deed Instrument No. 200926619, granted and conveyed unto Carole Simmons, single person. SHAPIRO & DeNARDO, LLC ! 1G10 J}� BY: CHRISTOPHER A. DeNARDO, tun13i 1 , • d4' ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, CUMBERLAND COUNT y, ATTORNEY I.D. NO. 311403 PENNSYLVANIA KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043455 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Carole A. Simmons DEFENDANT NO: 13-4032 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 EverBank, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 36 Westwood Court, Enola, PA 17025. 1. Name and address of Owner(s)or Reputed Owner(s) Carole A. Simmons 36 Westwood Court Enola, PA 17025 2. Name and address of Defendant in the judgment: Carole A. Simmons 36 Westwood Court Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: EverBank 301 W. Bay Street Jacksonville, FL 32202 4. Name and address of the last recorded holder of every mortgage of record: EverBank 301 W. Bay Street Jacksonville, FL 32202 5. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 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: TENANT OR OCCUPANT 36 Westwood Court Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. S- APIA O : De RP ., LLC BY: JA\ IW __quire 13-043455 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 C") S & D FILE NO. 13-043455 EverBank COURT OF COMMON PLEAV, ' ` ''- PLAINTIFF CIVIL DIVISION z VS. CUMBERLAND COUNTY ' c' Carole A. Simmons DEFENDANT NO: 13-4032 Civil T'CD c3 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Carole A. Simmons 36 Westwood Court Enola, PA 17025 Your house(real estate) at: 36 Westwood Court,Enola, PA 17025 09-12-2992-112 is scheduled to be sold at Sheriffs Sale on March 5, 2014 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of$161,300.24 obtained by EverBank 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 cancelled if you pay back to EverBank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: (610)278-6800. 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 be able to stop the sale through other legal proceedings. 4. 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 of 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. 5. 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(610)278-6800. 6. 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. 7. 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 717-240-6390. 8. 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. 9. 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. 10. 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 no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the 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. 11. 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 13-043455 ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania,bounded and described as follows , to wit: BEGINNING at a point on the eastern line of Westwood Court at the division line between Lots Nos. 40 and 41 on the hereinafter mentioned Plan of Lots; thence along said division line North 80 degrees 50 minutes 40 seconds East 120.00 feet to a point at the division line between Lots Nos. 41 and 45; thence along said division line South 09 degrees 09 minutes 20 seconds East 24.00 feet to a point at the division line between Lots Nos. 41 and 42; thence along said division Line South 80 degrees 50 minutes 40 seconds West 120.00 feet to a point on the eastern line of Westwood Court; thence along said line North 09 degrees 09 minutes 20 seconds West 24.00 feet to a point, the place of BEGINNING. CONTAINING 2,880.00 square feet. BEING Lot No. 41 as shown on a Final Subdivision Plan for Westwood Court, prepared by Paul E. Grof Associates, Inc., and recorded on October 27, 1992 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 65, Page 40. HAVING THEREON ERECTED a townhouse known and numbered as 36 Westwood Court, Enola. Pennsylvania 17025. PARCEL No. 09-12-2992-112 BEING the same premises which Edwin L. Owen and Teresa S. Owen,husband and wife,by Deed dated July 29, 2009 and recorded July 30, 2009 in the Cumberland County Recorder of Deeds Office as Deed Instrument No. 200926619, granted and conveyed unto Carole Simmons, single person. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4032 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due EVERBANK Plaintiff(s) From CAROLE A. SIMMONS (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: $161,300.24 L.L.: $.50 Interest OCTOBER 2,2013 TO MARCH 5,2014 IS$3,767.43 Atty's Comm: Due Prothy: $2.25 Atty Paid: $226.65 Other Costs: Plaintiff Paid: Date: 10/16/13 �� t David D. I uell,Prothonotary (Seal) B : !'i ,„ , 'Zvi i Deputy REQUESTING PARTY: Name: AMY GLASS,ESQUIRE Address: SHAPIRO&DENARDO, LLC 3600 HORIZON DRIVE,SUITE 150 KING OF PRUSSIA,PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No.308367 a ,rt� ,''.. ..elf' SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, 200 FEB 12 � ATTORNEY LD. NO. 78447 r i 3: CAITLIN M. DONNELLY, ESQUIRE, CUMBERLAND C ATTORNEY I.D. NO. 311403 PE1*j'S yL VAtjjA- 'TY BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043455 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY • Carole A. Simmons DEFENDANT NO:13-4032 Civil CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, EverBank, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on January 22, 2014, the originals of which are attached and that each of said persons appears on Plaintiff s Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. SHAPIRO &DENARDO, LLC /� Date: By: -A Meghan-Williams Legal Assistant 13-043455 LL N d 0 `� O ] y m M N [LL a Q a 'U- 2ui u umd ui � � CN 0 LL uoi uuguoD .znlLu2is t. coo a u0i V uugi]OD Mani a CO O u NOO 50 > 7 � U � d 7 E T N 7 N Q v (D V U a` a d ° f4)_ rn c t _ m al ^�.Q zV Q N G y m U Em� � Y� mt) C O • x I-t.%?3 LL d acu � ua0 �- �i a ° v o •zg c CL n) E L O d c ,; x C y ac p c°i U 3 v a�i (D a a) a) d 0: � N CL T -2mE;� yyyrn 0i C o o m�U) U E U C= E � �3 E ° o f6 co o 2 Rio aovi 'xyo � E o ❑ U o E d o r p 2 a o G °� E 0- a. d a UC) us 0 2.1' 00000 ¢ E Z°• 3 o E E CJ U = u F- °W a W Ox a N � GJ _V ° ° �d P Z > a �� o E y 7 N o Z Cc N U)..7 °\-i r 3 N 7 � a LL �i a A c a^o °�' oa. q y M ° x � E o € EIS �� LL f0.t 'con 7 •2 N Z to V) rV. N M R M CO h 06 H J d SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 043455 EverBank PLAINTIFF VS. Carole A. Simmons DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 13 -4032 Civil MOTION FOR SERVICE PURSUANT TO COURT ORDER Plaintiff, by its counsel, Shapiro & DeNardo, LLC moves this Honorable Court for an Order pursuant to Pa. R.C.P. 3129.2(c)(1)(i)(C) and 430 permitting alternative service of the Notice of Sheriffs Sale upon Defendant, Carole A. Simmons, by sending a true and correct copy by simultaneous certified and regular mail; and by posting a true and correct copy on the mortgaged property that is the subject of the above - captioned mortgage foreclosure action; and in support thereof avers the following: 1. On July 15, 2013, Plaintiff filed its complaint in mortgage foreclosure against the above - captioned Defendants for the property located at 36 Westwood Court, Enola, PA 17025 (hereinafter "Property "). 2. Plaintiff obtained a default judgment against the Defendants on or around October 16, 2013. 3. Shortly thereafter, Plaintiff caused the Property to be listed for the March 12, 2014 Cumberland County Sheriff's sale. 4. Plaintiff forwarded the Notice of Sheriffs Sale, pursuant to Pa R.C.P. 3129.2(a) to effectuate personal service upon Defendant, Carole A. Simmons. 5. The attempts to serve Defendant, Carole A. Simmons, with the Notice of Sheriffs Sale in accordance with Pa R.C.P. 3129.2(c)(1)(i)(A) have been unsuccessful, as reflected on the Return of Service, attached hereto as Exhibit "A," and made a part hereof. 6. Plaintiff has postponed the Sheriffs sale of the Property because it has been unsuccessful in serving the Notice of Sale upon Defendant, Carole A. Simmons. 7. Pursuant to Pa. R.C.P. 430, Plaintiff has made good faith efforts to locate Defendant, Carole A. Simmons. An Affidavit of Good Faith Investigation, which sets forth the specific inquiries made and the results thereof, is attached hereto as Exhibit "B" and made a part hereof. 8. The Affidavit of Good Faith Investigation reflects that 36 Westwood Court, Enola, PA 17025 is a valid address for Defendant, Carole A. Simmons. See Ex. "B." 9. A Request for Change of Address or Boxholder, pursuant to 36 C.F.R. 265.6(d)(6)(i ), completed and certified by the Enola Pennsylvania Postmaster reflects the following: "Moved, left no forwarding address." A true and correct copy thereof is attached hereto as Exhibit "C" and made a part hereof. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order allowing Plaintiff to serve the Notice of Sale on Defendant, Carole A. Simmons, by (1) sending a true and correct copy thereof by simultaneous certified and regular mail to the last known address located at 36 Westwood Court, Enola, PA 17025; and (2) posting a true and correct copy thereof on the mortgaged property located at 36 Westwood Court, Enola, PA 17025 by the Sheriff or any competent adult. Date: n\ S&D: 13-043455 SHAPIRO & DeNARDO, LLC BY: r_ At for Plainti SBORNE, ESQUIRE Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY , OFFICE OF THE SnRIFF Ever Bank vs. Carole Simmons Case Number 2013-4032 SHERIFF'S RETURN OF SERVICE 01A09/2014 06:19 PM - Deput Jason Kinsler being duly sworn accor ing 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 36 Westwood Court, East Pennsboro - Township, Enola, PA 17025, Cumberland County. 01/09/2014 06:19 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Def ndant, to wit: Carole Simmons, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Oeochptinn, in the aboveddedaciion.aa^NcdFound^at3GVVestwuodCourt.Eno|a.PA17O%5.pnopertyiovacmnt. defendant did not leave a forwarding address with the post office. SHERIFF COST: $954.21 SO ANSWERS, February 05, 2014 RDNNYR ANDERSON, SHERIFF Cc) CoumySuite Sheriff. Tel=soft./� ti N` 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 546-7400 FAX: (215) 985-0169 Ever Bank -vs- Carole A. Simmons COMMONWEALTH OF PENNSYLVANIA: National Association of Philadelphia Association Professional Process Servers of Professional Process Servers COURT Court of Common Pleas of Pennsylvania COUNTY Cumberland County CASE NUMBER 13-4032 Civil AFFIDAVIT OF SERVICE B&R Control # CS110881 - 1 COUNTY OF PHILADELPHIA: Reference Number 13-043455 SERVICE INFORMATION On 26 day of February, 2014 we received the Notice of Sheriff Sale for service upon Carole A. Simmons at 2419 Monroe Terrace The Villages, FL 32162 *** Special Instructions *** Served Date Time Accepted By: In the manner described below. Personally served. Adult family member. Relationship is Adult in charge of residence who refused to give name and/or relationship. Manager/Clerk of place of residence lodging Agent or person in charge of office or usual place of business I Other Description of Person Age Not Served Date Other Height Weight Race Sex Not Served Information fl Moved I, I Unknown Time AITAC D The Process Server, being duly sworn, deposes and says that the facts set forth herein are true and correct to the best of their knowledge, information and belief. Process Server/Sheriff Sworn to and subscribed before me this day of Notary Public Law Firm Phone (610)278-6800 For For Plaintiff Bradley J Osborne, Esquire Shapiro and DeNardo LLC 3600 Horizon Drive Suite 150 King of Prussia, PA 19406 ServeBy Date 3/14/2014 Filed Date sale date 5/7/2014 ORIGINAL Civil *s, • Commonwealth of Pennsylvania RETURN OF NON-SERVICE County of Cumberland Common Pleas Court Case Number: 13-4032 CIVIL Court,Date: 5/7/2014 10:00 am Plaintiff: Ever Bank vs. Defendant: Carole A. Simmons For: B&R Services For Professionals Inc. 235 South 13th Street Philadelphia, PA 19107 Received by Investigative Process Service, Inc. on the 4th day of March, 2014 at 1:18 pm to be served on Carole A. Simmons, 2419 Monroe Terrace, The Villages, FL 32162. I, Timothy P Carithers, do hereby affirm that on the 8th day of March, 2014 at 2:07 pm, I: NON-SERVED the Notice of Sheriffs Sale Of Real Property for the reason that I failed to find Carole A. Simmons or any information to allow further search. Read the comments below for further details. Additional Information pertaining to this Service: 3/6/2014 12:16 pm Attempted Service at 2419 MONROE TERRACE, THE VILLAGES, FL 32162, no one home, sign on home reads: Nancy & Jim Kallmeyer. Server left card. 3/8/2014 2:07 pm Attempted service at 2419 MONROE TERRACE, THE VILLAGES, FL 32162, current resident Nancy Kallmeyer said Simmons lived here before they moved in 2 years ago. I certify that I am over the age of 18, have no interest in the above action, and have been properly certified as a process server by Administrative Order A-2008-21-B and am currently certified to serve process pursuant to the provisions of the order. Under penalty of perjury I declare that the facts contained herein are true to the best of my knowledge. Notary not required pursuant to F.S. 92.525. i .ro "rrri r 6-7-3 Investigative Process Service, Inc. P.O. Box 3551 Orlando, FL 32802-3551 (407) 426-7433 Our Job Serial Number: ILS-2014002575 Ref: CS110881-1 Copyright OD 1992-2011 Database Services, Inc. - Process Servers Toolbox V6.5n Confidential Investigative Services, Inc. ATTENTION: Meghan Williams Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 File #: 13- 043455 Plaintiff: EverBank County: Cumberland vs. Term #: 13 -4032 Civil Defendant: Carole A. Simmons Locate: Carole A. Simmons Address Given: 36 Westwood Court, Enola, PA AFFIDAVIT OF GOOD FAITH INVESTIGATION LAST KNOWN ADDRESS 1) 2419 Monroe Terrace, The Villages, FL 32162 2) 36 Westwood Court, Enola, PA 17025 SEARCH OF INVESTIGATIVE DATABASE SOURCES Investigative database sources report the most current address of the subject is 2419 Monroe Terrace, The Villages, FL 32162. INQUIRY OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION The Pennsylvania Department of Transportation — Division of Motor Vehicles reports driver's license number is issued to Carole Simmons of 36 Westwood Ct., Enola, PA 17025. The subject's license is current and not due to expire until August 28, 2017. INQUIRY OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES The Florida Department of Highway Safety and Motor Vehicles reports driver's license number S552- 101-59 -807-0 is issued to Carole Ann Simmons of 2419 Monroe Ter., The Villages, FL 32162. The subject's license is current and not due to expire until August 27, 2022. SEARCH OF SUMTER COUNTY FLORIDA PROPERTY RECORDS Search of Sumter County Florida property records uncovered information indicating James D. & Nancy H. Kallmeyer own 2419 Monroe Ter. in The Villages, Florida. Search of Sumter County Florida property records uncovered no information indicating the subject owns property. INQUIRY OF U.S. POST OFFICE (FOIA) Requests have been forwarded to the United States Post Offices. SEARCH OF LOCAL TELEPHONE DIRECTORIES & PHONE COMPANY OPERATOR CONTACT The telephone company operator reports no listings issued in the subject's name at 2419 Monroe Ter. in The Villages, FL or the surrounding area. The telephone company operator reports a non - published listing issued in the subject's name at 36 Westwood Ct. in Enola, PA or the surrounding area. CONTACTS 1) Mr. Kallmeyer of 2419 is the subject's father. He advised the subject moved out of his house two days ago; he was not sure of her new address. He advised is a good phone number to reach the subject if necessary. Ex11,10J- " LS•. Affidavit of Good Faith Investigation contd. (Simmons, C.) 2) Ms. Leitzel of 37 advised she is not familiar with the subject. Ms. Meyer of 49 advised she is not familiar with the subject. I CERTIFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT, TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. AFFIANT 235 South 13th Street S' •'�] & SUBSCRIBED BEFORE ME THIS Philadelphia, PA 19107 OF mr mt : /.�_! 014 (215) 546-7400 , (800) 503-7400 Fax (215) 985 -0169 -4' ° i': l�' DIANE COWAN, CLI .COMMONWEALTH OF iENNSYLVANIA NOTARIAL SEAL ERICA ROBERTSON, Notary Public City of Philadelphia Phila. County r CommIaelon Expire becember 10, 2014 CAROLE A SIMMONS,- CAROLE A SIMMONS CAROL A SIMMONS SSN: Issued: PENNSYLVANIA 1974 -1975 Date o B DOB: Age:IN FL Drivers License Detail: CAROLE ANN SIMMONS 2419 MONROE TER, THE VILLAGES, FL 32162 -4537 SUMTER COUNTY) DOB: Issued: 01/10/2014 First Issued: 01110/2014 Expiration: 0812712022 Race: White Gender. Female Height: 5'8" Address History (6) 2419 MONROE TER, THE VILLAGES, FL 32162 -4537 ( SUMTER COUNTY) Subdivision Name: VILLAGES SUMTER UN 1 Current Private Phone Current Private Phone at address MINIMMIET) - KALLMEYER, J D 36 WESTWOOD CT, ENOLA, PA 17025 -1510 (CUMBERLAND COUNTY) Subdivision Name: WESTWOOD COURT 131 STANFORD CT, MECHANICSBURG, PA 17050 -2367 (CUMBERLAND COUNTY) PENNSYLVANIA DEPAR1MENT OF TRANSPORTATION BUREAU OF 4RIVER LICENSING BASIC DRIVER INFORMATION FEB 10 2014 DRIVER: CAROLE SIMMONS 36 WESTWOOD CT ENOLA, PA 17025 DRIVER LICENSE (DL) LICENSE CLASS : C LICENSE ISSUE DATE: JUL 03 2013 LICENSE EXPIRES ; AUG 28 2017 MED RESTRICTIONS : 1 LEARNER PERMITS LICENSE STATUS : DRIVER LICENSE NO : 111111111 DATE OF BIRTH : 111=11.111111 SEX : FEMALE RECORD TYPE : REG LICENSE COMMERCIAL DRIVER LICENSE (CDL) CDL LICENSE CLASS : CDL LICENSE ISSUED : CDL LICENSE EXPIRES: CAL ENDORSEMENTS : NONE CDL RESTRICTIONS : NONE CDL LEARNER PERMITS: CDL LICENSE STATUS : SB ENDORSEMENT PROBATIONARY LICENSE (PL) PL LICENSE CLASS : PL LICENSE ORIG ISS : PL LICENSE ISSUED : PL LICENSE EXPIRES : PL LICENSE STATUS : OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS : OLL LICENSE ISSUED OLL LICENSE EXPIRES : OLL LICENSE STATUS : *** END OF RECORD *** Retrieve Tax Record) I Roperty Card 1 2/12/2014 Sumter County Property Appraiser Sumter County Property Appraiser updated: 2/5/2014 PARCEL ID: D36E102 « Ne over Parcel I Next Higher Parcel a: ( Vrrer & F ropt'_rty IMO Parcel List Generator Owner's Name Site Address kALLMEYER JAMES 0 & NANCY H 2419 MONROE TER Mail Address 2419 MONROE TER THE VILLAGES, FL 32162 US@ ©CSC, (code) SINGLE FAMILY (00100) __. �� �.. ....�,_...�.... Sec /Twp /Rng 36/18/23 Neighborhood 00002348 Year Built 2008 Tax District Villages (5011) Effective Area Description 2043 (SF) NOTE: This des lotion Is not transaction. Market Area to be used as ill Legal 01. Description for this parcel In any legal LOT 102 THE VILLAGES OF SUMTER UNIT NO 137 P8 S1 PGS 18.18A Land Value OR Book/Page $21,750,00 Market Value Sale Price $168,960.00 Assessed Value 2157/556 $168,960.00 Total Taxable Value $200.000.00 $118,960.00 Exemptions 01 = Homestead 02 - Additional Homestead $25,000 $25,000 2013 Certified Values CIS APriatl GIS Mep Result: i of 1 Show Similar Sale "s in 1/2 mbo radius Sale Date OR Book/Page OR Inst.Type Sale VII (Qual) Sale Price Parties 01/2010 2157/556 WD t (t)) $200.000.00 SCHNABEL RAYMOND P1 JOAN A 02/2009 2037/498 wD I (R) $195,400.00 VILLAGES # Bldg Item Bldg Use (code) Eft Year Built Area Breakdown (001) (DH658) 2008 1) OAS •1704SF 2)CP•180SF 3) GAR- 420 SF 4)OP•206F Note: All S.F. calculations are based on exterior building dimensions. s.. mti 'lrtaaitdwwn iiiC :°r_La3'eS Land Use Code 1108 Frontage Depth Land Units 6,892.00 SgFt Item Number Description (tilde) Units (dims) Eff. Year NONE Sumter County Property Appraiser • Roll Year: 2013 Result: 1 of I updated: 2/5/2014 DISCLAIMER Thlsinformation was derived from data HMtch was compiled by the Sumter County Property Appraiser Office solely for the governmental purpom of properly esessnonl. This irifennation should nor be relied upon by anyone ass determination of the cwnerrhip of property or market. value. No warranties, expermed or Implied, are provided for the accuracy of the data heroin, ll'suse, or it's intorprotatlon. Although It Is periodically updated. ihisInfonnation may not reflect the data currently on Zile In the Property Apprala:r'sollice. y: G,.;t yttlicnom httplN Mw suniterpa.c ornfg isl sn < <.4, 41. "•.... z. ,i;1 I r;lraS .r,rr:, r,<..I _,...i..r' ^,e u' t [pro&'•: r° „rai5r'i 1/1 James D Kallmeyer 2419 Monroe Ter The Villages, FL 32162 -4537 Home Mr. Kallmeyer advised that the subject is his daughter. He stated that she moved out of his house two days ago, but that is a good phone number to reach her if necessary. He did not know her new address, as she just moved. The telephone company operator reports no listings issued in the subject's name at 2419 Monroe Ter. in The Villages, FL. Carole A Simmons 36 Westwood Ct Eno la, PA 17025-1510 Selena H Leitzel 37 Westwood Ct Eno la, PA 17025-1510 Home Marylynn A Meyer 49 Westwood Ct Eno la PA 17025-1515 Home Heath Brudereck 30 Westwood Ct Eno la, PA 17025-1509 Home EMI= Ms. Leitzel is not familiar with the subject. Ms. Meyer advised she is not familiar with the subject. Answering machine 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 February 7, 2014 Postmaster ENOLA, PA 17025 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or name and street address (if a boxholder) for the following: NAME & ADDRESS: Carole A. Simmons ADDRESS: 36 Westwood Court Enola, PA 17025 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee or providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. ' Capacity of. Requester (e.g. process server, attorney, party representing himself): ATTORNEY. 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute(s): N/A The names of all known parties to this litigation: EverBank vs. Carole A. Simmons 4. The court in which the case has been or will be heard: The Court of Common Pleas of CUMBERLAND County 5. The docket or other identifying number if one has been issued: 13 -4032 Civil 6. The capacity in which this individual is to be served (e.g. defendant or witness): DEFENDANT WARNING THE SUBiviISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. §I001). I certify t the abpve info or prospective e and that the address information is needed and will be used solely for service of legal process in connection ADDRESS: Shapiro & DeNardo, LLC Signa 3600 Horizon Drive, Suite 150 Meghan Williams King of Prussia, PA 19406 Legal Assistant S &D File Number: 13- 043455 FOR POST OFFICE USE ONLY Good As Addressed/No change of address order on file. Not known at address given X Moved, left no forwarding address No such address NEW ADDRESS or BOXHOLDER'S POSTMARK NAME and STREET ADDRESS EverBank vs. Carole A. Simmons VERIFICATION Bradley J Osborne, hereby states that he is the Attorney for the Plaintiff in this action, that is authorized to make this Verification, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO COURT ORDER are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: c261-111 S &D: 13- 043455 BY: SHAPIRO & DeNARDO, LLC e s for Plainti ir J. OSBORNE, ESQUIRE SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 043455 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Carole A. Simmons DEFENDANT NO: 13 -4032 Civil MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the Plaintiff may move the Court for a special Order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note A Sheriffs Return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of a good faith effort to locate the Defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As reflected on the attached Return of Service, the attempts to serve Defendant, Carole A. Simmons, with the Notice of Sheriffs Sale at the current address, in accordance with Pa R.C.P. 3129.2(c)(1)(i)(A) have been unsuccessful. See Ex. "A." Good faith efforts to discover the whereabouts of Defendant, Carole A. Simmons, have been made, as evidenced by the numerous inquiries set forth in the attached Affidavit of Good Faith Investigation. See Ex. "B." The Affidavit of Good Faith Investigation reflects that 36 Westwood Court, Eno la, PA 17025 is a valid address. See Ex. "B." However, the Return of Service for that address states otherwise. As reflected in the Affidavit of Good Faith Investigation, inquiries have been made to the following persons and entities: 1. Defendant's creditors; 2. Directory Assistance; 3. Defendant's neighbors; 4. United States Postal Service; 5. Pennsylvania Department of Transportation, Driver and Vehicle Services; and 6. Pennsylvania State Vital Records Office. See Ex. "B." Inquiries have also been made to public record databases on the Internet, the County voter registration records, and the County tax assessment records. See Id. Despite all of the foregoing inquiries, Plaintiff has not been able to determine Defendant, Carole A. Simmons's present location. Based on the foregoing, it is more likely than not that Defendant, Carole A. Simmons is avoiding and/or evading personal service of the Notice of Sheriffs Sale. Plaintiff respectfully requests this Honorable Court enter an Order allowing Plaintiff to serve the Notice of Sale on Defendant, Carole A. Simmons, by (1) sending true and correct copies thereof by simultaneous certified and regular mail to the last known address located at 36 Westwood Court, Enola, PA 17025; and (2) posting a true and correct copy thereof on the mortgaged property located at 36 Westwood Court, Enola, PA 17025 by the Sheriff or any competent adult. Date: J-31-1(1 SHAPIRO & DeNARDO, LLC tAtto or Plaintiff . OSBORNE, ESQUIRE SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043455 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 13-4032 Civil Carole A. Simmons DEFENDANT CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Motion for Service Pursuant to Court Order, Verification, Memorandum of Law, and proposed Order on to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Carole A. Simmons, 36 Westwood Court, Eno la, PA 17025 Date: BY: SHAPIRO & DeNARDO, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 -0 a BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 = ri CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 !,_> 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 043455 =< EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. Carole A. Simmons DEFENDANT NO: 13 -4032 Civil ORDER AND NOW, this IC day of „■;/ , 2014, upon consideration of Plaintiffs Motion for Service Pursuant to Court Order, Affidavit of Good Faith Investigation and Memorandum of Law is support thereof, and any response thereto, it is hereby ORDERED AND DECREED that Plaintiff may serve the Notice of Sale on Defendant, Carole A. Simmons, by (1) sending true and correct copies thereof by simultaneous certified and regular mail to the last known address located at 36 Westwood Court, Enola, PA 17025; and (2) posting a true and correct copy thereof on the mortgaged property located at 36 Westwood Court, Enola, PA 17025 by the Sheriff or any competent adult. Service of the aforementioned mailings is effective upon the date of mailing and is to be effectuated by Plaintiffs attorney, who will file with the Prothonotary's Office a Certificate of Service as to such mailings BY THE COURT: ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY RmwmyR Anderson ^' F/' -- OFFICE' ' Sheriff 0:- ."+ TY�� PRO I HMO -ARv Jody ~ Smith ~^ ChiefDmpu� 2014 APR 1 6 RI 9: 9 Richard W Stewart Solicitor OFFICE OF THE SHERIFF CUMERLAND COUNTY PENNSYLVANIA EverBank Carole Simmons vs. Case Number 2013-4032 SHERIFF'S RETURN OF SERVICE 0108C2014 06:19 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Wr , Notice and Description, and Sale Handbill in the above titled action, upon the property located at 36 Westwood Court, East Pennsboro - Township, Enola, PA 17025, Cumberland County. 0108/2014 06:19 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Carole Simmons, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 36 Westwood Court, Enola, PA 17025, property is vacant, defendant did not leave a forwarding address with the post office. 02/28/2014 As directed by Christopher Denardo, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/7/2014 04/07/2014 Ronny R Anderson, She,iff, being duly sworn according to |ow, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $3,481.22 SO ANSWERS, April 15, 2014 RON R ANDERSON, SHERIFF wcmritymi:iff Sheriff; releosoft,Inc, On November 20, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 36 Westwood Court, Enola, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: November 20, 2013 By: kajo, Real Estate Coordinator Hay Lino Mil .,siNfoa 0? r330i,'fl3 ddi JJHS 341 JO 33IAJO LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-4032 Civil Term Ever Bank vs. Carole Simmons Atty.: Christopher DeNardo ALL THAT CERTAIN tract or par- cel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point on the eastern line of Westwood Court at the division line between Lots Nos. 40 and 41 on the hereinafter men- tioned Plan of Lots; thence along said division line North 80 degrees 50 minutes 40 seconds East 120.00 feet to a point at the division line between Lots Nos. 41 and 45; thence along said division line South 09 degrees 09 minutes 20 seconds East 24.00 feet to a point at the division line between Lots Nos. 41 and 42; thence along said division on the eastern line of Westwood Court; thence along said line North 09 degrees 09 minutes 20 seconds West 24.00 feet to a point, the place of BEGINNING. CONTAINING 2,880.00 square feet. BEING Lot No. 41 as shown on a Final Subdivision Plan for Westwood Court, prepared by Paul E. Grof Asso- ciates, Inc., and recorded on October 27, 1992 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 65, Page 40. HAVING THEREON ERECTED a townhouse known and numbered as 36 Westwood Court, Enola. Pennsyl- vania 17025. PARCEL No. 09-12-2992-112. BEING the same premises which Edwin L. Owen and Teresa S. Owen, husband and wife, by Deed dated July 29, 2009 and recorded July 30, 2009 in the Cumberland County Recorder of Deeds Office as Deed Instrument No. 2Q0926619, granted and conveyed unto Carole Simmons, single person. 71 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: January 24, January 31, and February 7, 2014 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. Lisa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 7 day of February, 2014 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2020 Technology Pkwy " Suite 300 Mechanicsburg, PA 17050 Inquiries - 717- 255 -8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriot News Now you know 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. M :atnnn cT rr.,r,..nn 0'y3 -4032 Civil Ter EverBank Vs Carole Simmons Atty: Christopher Denardo ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Tbwnship, Cumberland County, Pennsylvania, bounded and described o as follows, to wit: BEGINNING at a point on the 1 eastern line of Westwood Court at the division line between Lots Nos. 40 and 41 on the hereinafter mentioned Plan , of Lots; thence along said division I line North 80 degrees 50 minutes 40 seconds East 120.00 feet to a point at the division line between Lots Nos. 41 and 45; thence along said division line South 09 degrees 09 minutel 20 seconds East 24.00 feet to a point at the division line between Lots Nos. 41 and 42; thence alnno cai,i tlhricinn r in eolith R0 This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Sworn to a d subscribed before hi 18 day of February, 2014 A.D. ub is COMMON PE SYLVAN Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dzuphln County M Commis$lOn Clxpires Dec. 12 2016 EMBER, PENNSYLVANIA A5SdC1A1I N OF NOTARIES -n -5- rn SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 -<> CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403rd BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169', CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 Y" KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043455 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. Carole A. Simmons DEFENDANT NO: 13-4032 Civil 54-050 JV(NG � � PRAECIPE TO"SETTLE, DISCONTINUE AND END 71. G) rt -4C) TO THE PROTHONOTARY: Kindly mark the above -captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. Date:taA1.`A BY: SHAPIRO & DeNARDO, LLC Attorneys for Plaintiff CHRISTOPHER A. DeNARDO, ESQUIRB 4Q,50 po lgba. f 333 tt 50443(1 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043455 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 13-4032 Civil Carole A. Simmons DEFENDANT CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End on .1 - Z2.-1 (( to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Carole A. Simmons 36 Westwood Court Enola, PA 17025 Date: 1 ZZ' ( (-{ BY: SHAPIRO & DeNARDO, LLC Attorneys for Plaintiff CHRISTOPHER A. DeNARDO, ESQUIRE