Loading...
HomeMy WebLinkAbout13-4140 0 For Prothonotary Use Only: S upreme Co Via. Pennsylvania �a. .�n l Pleas t. Docket No. and Coun 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: S ® Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: JPMorgan Chase Bank, National Association Lead Defendant's Name: Sherry L. Smith T I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑ within arbitration limits O (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: McCabe, Weisberg and Conway, P.C. ❑ Check here if you have no attorney (a Self - Represented [Pro Sel Litigant) 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 ❑ Department of Transportation ❑ Premises Liability (does not include ❑ Statutory Appeal: Other $ mass sort) E ❑ Slander/Libel/ Defamation ❑ Employment Dispute: ❑ Other: Discrimination C ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other I O ❑ Other N MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant B ❑ Toxic Waste REAL PROPERTY MISCELLANEOUS ❑ Other: ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Disput ❑ 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 1/12011 r � tG_ E zG 13 JUL i 7 AM 1 � CUMBERLAND COT' PENNSYLVANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790 -1010 JPMorgan Chase Bank, National Association Cumberland County 10790 Rancho Bernardo Road Court of Common Pleas Floor 2 San Diego, CA 92127 Number V. 7 Sherry L. Smith 400 Boyer Street Summerdale, PA 17093 and Donald B. Wagner II 400 Boyer Street Summerdale, PA 17093 COMPLAINT IN MORTGAGE FORECLOSURE 1 °3- 7S File # 56291 Page 1 NOTICE AVISO You have been sued in court. If you wish to defend Le han demandado a usted en la corte. Si usted quiere against the claims set forth in the following pages, you defenderse de estas demandas ex- puestas en ]as paginas must take action within twenty (20) days after this siguientes, usted tiene veinte (20) dias de plazo al partir complaint and notice are served, by entering a written de la fecha de la demanda y la notificacion. Hace falta appearance personally or by attorney and filing in asentar una comparencia escrita o en persona o con un writing with the court your defenses or objections to the abogado y entregar a la corte en forma escrita sus claims set forth against you. You are warned that ifyou defensas o sus objeciones a las demandas en contra de fail to do so the case may proceed without you and a su persona. Sea avisado que si usted no se defiende, la judgment may be entered against you by the court corte tomara medidas y puede continuar la demanda en without further notice for any money claimed in the contra suya sin previo aviso o notificacion. Ademas, la complaint or for any other claim or relief requested by corte puede decidir a favor del demandante y requiere the plaintiff. You may lose money or property or other que usted cumpla con todas las provisioner de esta rights important to you. demanda. Usted puede perder dinero o sus propiedades YOU SHOULD TAKE THIS PAPER TO u otros derechos importantes para usted. YOUR LAWYER AT ONCE. IF YOU DO NOT USTED LE DEBE TOMAR ESTE PAPEL A HAVE A LAWYER, GO TO OR TELEPHONE THE SU ABOGADO INMEDIATAMENTE. SI USTED NO OFFICE SET FORTH BELOW. THIS OFFICE CAN TIENE A UN ABOGADO, VA A O TELEFONEA LA PROVIDE YOU WITH INFORMATION ABOUT OFICINA EXPUSO ABAJO. ESTA OFICINA LO HIRING A LAWYER. PUEDE PROPORCIONAR CON INFORMATION IF YOU CANNOT AFFORD TO HIRE A ACERCA DE EMPLEAR A UN ABOGADO. LAWYER, THIS OFFICE MAY BE ABLE TO SI USTED NO PUEDE PROPORCIONAR PROVIDE YOU WITH INFORMATION ABOUT PARA EMPLEAR UN ABOGADO, ESTA OFICINA AGENCIES THAT MAY OFFER LEGAL SERVICES PUEDE SER CAPAZ DE PROPORCIONARLO CON TO ELIGIBLE PERSONS AT A REDUCED FEE OR INFORMACION ACERCA DE LAS AGENCIAS NO FEE. QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN Cumberland County Bar Association HONORARIO REDUCIDO NI NINGUN 32 South Bedford Street HONORARIO. Carlisle, PA 17013 (800) 990 -9108 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 File # 56291 Page 2 a a COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is JPMorgan Chase Bank, National Association, duly organized and doing business at the above - captioned address. 2. The Defendant is Sherry L. Smith, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his /her last -known address is 400 Boyer Street, Summerdale, PA 17093. 3. The Defendant is Donald B. Wagner II, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last -known address is 400 Boyer Street, Summerdale, PA 17093. 4. On June 29, 2005, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to JPMorgan Chase Bank, National Association which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1914, Page 4252, such Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 5. On June 29, 2005, Defendants also executed a promissory note secured by the aforementioned mortgage. Plaintiff, directly or through an agent, is in possession ofthe note and is the holder of the note with the right to enforce it; the note is either made payable to plaintiff or has been duly endorsed. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 400 Boyer Street, Summerdale, Pennsylvania 17093. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November 1, 2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. File # 56291 Page 3 1 + 8. The following amounts are due on the mortgage as of April 23, 2013: Principal Balance $ 117,233.21 Interest from October 1, 2011 through March 31, 2013 $ 7693.38 (Plus $14.05 per diem thereafter) ' Late Charges $ 32.84 Attorney's Fee $ 1,650.00 Property Preservation $ 84.00 Property Inspections $ 196.00 Escrow Advance $ 4,704.55 GRAND TOTAL $ 131,593.98 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $131,593.98, together with interest at the rate of $14.05 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, SBERG AN C WAY,P.C. BY: [ J TERRENCE J. cCABE, SQUIRE [ ] MARC S. WEISBERG, ESQUIRE [ DWARD D. CONWAY, ESQU [ J HEIDI R. SPIVAK, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE [ ] JOSEPH F. RIGA, ESQUIRE [ ] JOSEPH 1. FOLEY, ESQUIRE Attorneys for Plaintiff File # 56291 Page 4 VERIFICATION hereby states that he/ h Vice President of JPMorgan Chase Bank, N.A. the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsifications to authorities. Vice Preside t Date: :q �3 (i3 JPMorgan Chase Bank, N.A. the Plaintiff Borrower: Sherry L. Smith and Donald B. Wagner lI Property Address: 400 Boyer Street, Summerdale, Pennsylvania 17093 County: Cumberland Last Four of Loan Number: 6718 File # 56291 Page 5 FORM 1 JPMorgan Chase Bank, National Association IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, :PENNSYL�VAAA MW C.-.. Sherry L. Smith and Donald B. Wagner II f 3 ' 1Il O Civil c� Defendants c _r: NOTICE OF RESIDENTIAL MORTGAGE FORECLOS 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. R e fully 3 Date [Signature of Counsel for P inti 56291 Page ] FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOM ER/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): State: Zip: City: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? Mailing Address (if different): State: Zip: City: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? FINANCIAL INF First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles boats, motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 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 Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am/are under no obiligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: f Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill f Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY F:{ 1` ` Ronny RAnderson � ` '!...0 C., i .tiFr Sheriff I it � i1Ela lr}�it`Y �twov 01 Jody S Smith 2 0113 A U G .. 111 Chief Deputy i1 Richard W Stewart :, Solicitor 0MCE OPTHE WERIFF PENt4S'E`LVAf 1'A JPMorgan Chase Bank, N.A. Case Number vs. 2013-4140 Sherry L Smith (et al.) SHERIFF'S RETURN OF SERVICE 07/22/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sherry L Smith, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 400 Boyer Street, East Pennsboro, Summerdale, PA 17093. Residence is vacant, and to this date the Postmaster has not been able to provide a forwarding address. 07/22/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Donald B Wagner, II, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 400 Boyer Street, East Pennsboro, Summerdale, PA 17093. Residence is vacant, and to this date the Postmaster has not been able to provide a forwarding address. SHERIFF COST: $72.08 SO ANSWERS, 2 August 01, 2013 RbNN9 R ANDERSON, SHERIFF {C}CounlySuile Sherrte,releosoft,Inc. Tf"E PRO VNQTA}i f: 2013 SfP -9 P/1 h 41 CUMBERLANQ PENNSYLVANIA ST Y McCABE,WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID #34419 ANDREW L. MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID #74770 MARISA J. COHEN,ESQUIRE-ID#87830 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F. RIGA,ESQUIRE-ID#57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 JPMorgan Chase Bank,National Association Cumberland County Plaintiff Court of Common Pleas V. Number 13-4140 Sherry L. Smith and Donald B. Wagner II Defendants PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. MCCABE,WEISBERG ND CON, \WAY,P.C. BY: [ ] Terrence J.McCabe,Esq. [ ]Marc S. Weisberg,Esq. [ ]Edward D. Conway,Esq. [ ] Margaret Gairo,Esq. [ ] Andrew L. Markowitz,Esq. [ ] Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ]Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. [ ] Ann E. Swartz,Esq. Ct � , Weline oseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. 0i 11 P.DerKrikorian,Esq. CLA /�����Attorne s for Plaintiff P * agsLl� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ; j Sheriff f ` ��vor ,.tetra.bert ;• Jody S Smith r Chief Deputy �i ;qi Richard W Stewart � f") %} (� {s, . Solicitor Of“: ",A, PENNSYLVANIA JPMorgan Chase Bank, N.A. Case Number vs. Sherry L Smith (et al.) 2013-4140 SHERIFF'S RETURN OF SERVICE 09/10/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Donald B Wagner, II, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 09/14/2013 12:15 PM-Deputy Shawn Harrison, being duly sworn according to law, served t': requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in I∎ortga.- oreclosure by "personally" handing a true copy to a person representing themselve • •- h I-fendant, to wit: Sherry L Smith at 198 Ashford Drive, East Pennsboro, Enola, PA 17025. Arid 1 S F1' •RISO.,, D PUTY 09/16/2013 03:57 PM-The requested Notice of Residential Mortgage Foreclosure Diversion •rogram and Complaint in Mortgage Foreclosure served by the Sheriff of Lancaster County upon Donald B Wagner, II, personally, at the Lancaster County Sheriffs Office, 50 N Duke Street, PO Box 83480, Lancaster, PA 17608. Mark Reese, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.00 SO ANSWERS, September 20, 2013 RONR ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. SHERIFF'S OFFICE OF LANCASTER COUNTY Mark S. Reese ;;�R„ Brad Harris Sheriff ." Solicitor Marc Lancaster Charles Hamilton Chief Deputy Lieutenant JP MORGAN CHASE BANK, NA Case Number vs. 2013-4140 DONALD B WAGNER, II SHERIFF'S RETURN OF SERVICE . 09/16/2013 03:57 PM - I, LIEUTENANT JAMES MONTANEZ, SERVED THE COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY"PERSONALLY" HANDING A COPY TO DONALD B WAGNER, II AT THE LANCASTER COUNTY SHERIFF'S OFFICE, 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PA 17608. JAMES ONTANEZ, LIEUTENANT SHERIFF COST: $41.02 SO ANSWERS, • September 17, 2013 MARK S. REESE, SHERIFF COSTS DATE CATEGORY MEMO CHK# DEBIT CREDIT 09/11/2013 Advance Fee Advance Fee 197445 $0.00 • $150.00 09/11/2013 Receiving,Docketing&Return $9.00 $0.00 09/11/2013 Service $9.00 $0.00 09/11/2013 Affidavit $2.50 $0.00 09/11/2013 Deputy Time $10.00 $0.00 09/11/2013 Copies $6.00 • $0.00 09/13/2013 Service Mileage $4.52 $0.00 09/17/2013 Refund $108.98 $0.00 $150.00 $150.00 BALANCE: $0.00 intiff Attorney:MCCABE WEISBERG&CONWAY, P.C., 123 SOUTH BROAD STREET,SUITE 1400, PHILADELPHIA, PA 19 tC,ountySaitoSh e:.,,�� arc McCABE.WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 f' }-i�it ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 �'' +' 1� , 7[j , ( JH is' �; HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 2313 OCT 28 E ; CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 �'C��1l [ � � COUNTY ANN E.SWARTZ,ESQUIRE-ID#201926 PENNSYLVANIA U O U JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMorgan Chase Bank,National Association CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. Number 13-4140 Civil Sherry L. Smith and Donald B. Wagner II Defendants ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants,Sherry L.Smith and Donald B. Wagner II,in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure,and assess damages as follows: Amount due $ 131,593.98 Interest from 04/01/13 to 10/24/13 $ 2,908.35 Total $ 134,502.33 McCABE,WEISBERG AND ONWAY,P.C. BY: 7)11fri [ ]Terrence J.McCabe,Esq. [ Marc S.W isberg,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ]Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. c� Attorneys for Plaintiff AND NOW,this�nCa day of OC't ,2013,Judgment is entered in favor of Plaintiff,JPMorgan Chase Bank,National Association,and against Defendants,Sherry L.Smith and Donald B.Wagner II,in rem only and not in personam,and damages are assessed in the amount of$134,502.33,plus interest and c ts. B THE • .4T • ICs' ARY: 1 I ,0.fc .. -" 04 u.itiStYPd Q aor.2%.cif •o*i ce t \4 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMorgan Chase Bank,National Association CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. Sherry L. Smith and Donald B. Wagner II Number 13-4140 Civil Defendants AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned,being duly sworn according to law,deposes and says that the Defendants, Sherry L. Smith and Donald B.Wagner II, are not in the Military or Naval Service of the United States or its Allies,or otherwise within the provisions of the Servicemembers Civil Relief Act,50 U.S.C.App. §501,et seq.;and that the Defendants, Sherry L. Smith and Donald B. Wagner II,are over eighteen(18)years of age,and reside as follows: Sherry L. Smith 198 ASHFORD DR. Enola,PA 17025-2301 Donald B.Wagner II 172 KNOLLWOOD RD. Millersville,PA 17551-9563 McCABE,W ERG AND CONWAY,P.C. SWORN AND SUBSCRIBED BY: BEFORE ME THIS :is 4-`'1-DAY [ ]Terrence J.McCabe,Esq. [ arc S. Weisb rg,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. OF (k-vote r ,2013 [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J. Cohen,Esq. [ ]Christine L.Graham,Esq. �� da�a5 " [ ]Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. NOTARY PUBLIC [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian,Esq. COMMONWEALTH OF PENNSYLVANIA • Attorneys for Plaintiff NOTARIAL SEAL DEAN R.JACOBS,JR.,Notary Public City of Philadelphia,Phila.County , My Commission Expires June 27,2017 • Results as of:Oct-24-2013 08:16:03 Department of Defense Manpower Data Center SCRA3.0 K�r Status Report { ' Pursuant to Servicetnentbers Civil Relief Act Last Name: SMITH First Name: SHERRY Middle Name: L. Active Duty Status As Of: Oct-24-2013 On Active Duty On Active Duty Status Data Active Duty End Data Status I Service Component Active Duty Start Date { 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 Data Active Duty Start Date Active Duty End Data Status Service Component NA NA NA No This response reflects where the individual left active duty status Within 367 days preceding the Active Duty Status Date The Member or HlsiHer Unit Was Notified of a Future Call-Up tOActive Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date I Status Service Component NA NA NQ NA This response reflects whether the Individual or hislher 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. I% )& .� Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.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: 25NC22D360B1 N40 • Results as of:Oct-24-2013 08:17:54 Department of Defense Manpower Data Center SCRA 3.0 s .. Status Report Pursuant to Servicetnembers Civil Relief Act Last Name: WAGNER II First Name: DONALD Middle Name: B. Active Duty Status As Of: Oct-24-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component) No NA NA = NA `,.. - a,.. This response reflects the individuals'active duty status based on the Active Duty:Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Dare 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. 41/04atk 41416617f4all:4:,).1w Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.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: P5Y5L253S0B2800 • McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMorgan Chase Bank,National Association CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. Number 13-4140 Civil Sherry L. Smith and Donald B. Wagner II Defendants AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby deposes and says that the last-known mailing addresses of the Defendants are: Sherry L. Smith 198 ASHFORD DR. Enola,Pennsylvania 17025-2301 Donald B.Wagner II 172 KNOLLWOOD RD. Millersville,Pennsylvania 17551-9563 McCABE,WEISBERG AND CONWAY,P.C. SWORN AND SUBSCRIBED �' n ,( BY: a (/ j C- " BEFORE ME THIS Zl�w DAY [ ]Terrence J. cCabe,Esq. [ arc S. Weisb rg,Esq. [ ] Edward D.Conway,Esq. [ ] Margaret Gairo,Esq. OF 0 c,4 ,2013 [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ] Marisa J.Cohen,Esq. [ ] Christine L. Graham,Esq. t ``"" [ ] Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. NOTARY PUBLIC 0V [ ] Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. COMMONWEALTH OF PENNSYLVANIA [ ] Celine P.DerKrikorian,Esq. NOTARIAL SEAL Attorneys for Plaintiff DEAN R.JACOBS,JR.,Notary Public City of Philadelphia,Phila.County My Commission Expires June 27,2017 1VIcCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMorgan Chase Bank,National Association CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. Number 13-4140 Civil Sherry L. Smith and Donald B.Wagner II Defendants CERTIFICATION The undersigned hereby certifies that he/she is the attorney for Plaintiff,being duly sworn according to law, deposes and says that a letter was deposited in the United States Mail notifying the Defendants that judgment would be entered against him/her/them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit"A". McCABE,W SBERG AND CO WAY,P.C. SWORN AND SUBSCRIBED BY: BEFORE ME THIS rt`t DAY [ ] Terrence J. cCabe,Esq. [ arc S.Weisbe ,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. OF ,2013 [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ]Christine L.Graham,Esq. -"^ 6e t b) [ ]Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. NOTARY PUBLIC [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian,Esq. COMMONWEALTH OF PENNSYLVANIA Attorneys for Plaintiff NOTARIAL SEAL DEAN R.JACOBS,JR.,Notary Public City of Philadelphia,Phila.County My Commission Expires June 27,2017 VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff's representative,who is out of jurisdiction and not available to sign this verification at this time,are true and correct to the best of his/her knowledge,information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE,W BERG AND CONWAY,P.0 BY: d [ ]Terrence J.McCabe,Esq. [ arc S. Weisberg,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R.Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ]Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. Attorneys for Plaintiff JPMorgan Chase Bank,National Association v.Sherry L.Smith and Donald B.Wagner II Cumberland County;Number: 13-4140 Civil • OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse,Carlisle,Pennsylvania 17013 Curt Long Prothonotary October 8, 2013 To: Sherry L. Smith 198 ASHFORD DR. Enola, Pennsylvania 17025-2301 JPMorgan Chase Bank,National Association Cumberland County vs. Court of Common Pleas Sherry L. Smith and Donald B. Wagner II Number 13-4140 Civil NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN PRESENTADO LINA COMPARECENCIA ESCRITA, YA SEA WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE PERSON ALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO FOR CLAIMS SET FOR DI AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10) ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY ACCION DEBIDA DENTRO DE DIET.(10)DIAS DE LA FECHA DE ESTA OR OTHER IMPORTANT RIGHTS. NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE You SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH SENTENCIAENSU CONTRA YUSTEDPODRIAPERDERB IENESUOTROS BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT DERECHOS IMPORTANTES. HIRING A LAWYER. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OEFICE MAY BE ABLE INMEDIATAMENTE. SI US'rED NO TIENE A UN ABOGADO, VA A 0 TO PROVIDE YOU WITH INFORMA NON ABOUT AGENCIES THAT MAY OFFER TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. Cumberland County Bar Association SI LISTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, 32 South Bedford Street ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON Carlisle,Pennsylvania 17013 INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS (800)990-9108 SERVICIOS LEGALES A PERSONAS EL.EGIBLES EN UN HONORARIO REDUCIDO NI NINGt1N HONORARIO. Cumberland County Bar Association 32 South Be.ford Street Car s's j$T..‘ r■nia 17013 y I /OM) * '-9108 McCA13E. EIS.BFRG AN q AV,P.C. BY: - , [ ]Terrence J. Mc .•t',Rpm [ ]lutarc S.Weisberg,Esquire [ ]Edward D.C. way,Esquire [ I Margaret Gairo,Esquire [ ]Andrew L. Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ ]Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [A-Joseph F.Riga,Esquire [ ]Joseph J.Foley,Esquire [ ]Celine P.DerKrikorian,Esquire Attorneys for Plaintiff ,A ii Exi�l8i I. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle,Pennsylvania 17013 Curt Long Prothonotary October 8, 2013 To: Donald B. Wagner II 172 KNOLLWOOD RD. Millersville,Pennsylvania 17551-9563 JPMorgan Chase Bank,National Association Cumberland County vs. Court of Common Pleas Sherry L. Smith and Donald B. Wagner II Number 13-4140 Civil NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10) ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED RECLAMOS FORMUL.ADOS EN CONTRA SUYO. AL NO TOMAR LA AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOU R PROPERTY ACCION DEBIDA DENTRO DE DIEZ(10)DIAS DE LA FECHA DE ESTA OR OTHER IMPORTANT RIGHTS. NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE You SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA,DICTAR DO NOT IIAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH SENTENCIAEN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT DERECHOS IMPORTANTES. HIRING A LAWYER. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO,VA A 0 TO PROVIDE YOUWITIIINFORMATIONABOUTAGENCIESTHATMAYOFFER TELEFONEA LA OFICINA EXPUSO ABAJO.ESTA OFICINA LO pump; LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. Cumberland County Bar Association SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, 32 South Bedford Street ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON Carlisle,Pennsylvania 17013 INFORMACJON ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS (800)990-9108 SERVICIOS LEGATES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South-Buhr rci Street tfrtistc,Pet vania 17013 Y(800)-990 McCABE,WEISBERG Al9l� IQNW Y, BY: [ ]Terrence J, McCaVe, + <e [ j arc S.Weisberg,Esquire ]Edward D.Conway,Esquire [ ]'Margaret Gairo,Esquire [ ] Andrew L.Markowitz,Esquire [ ]Heidi R.Spivak,Esquire [ ]Marisa.1.Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ ] Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [(A-Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire [ ; Celine P.DerKrikorian,Esquire Attorneys for Plaintiff r, » ter, OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle,Pennsylvania 17013 Prothonotary To: Sherry L. Smith 198 ASHFORD DR. Enola,Pennsylvania 17025-2301 JPMorgan Chase Bank,National Association CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. Number 13-4140 Civil Sherry L. Smith and Donald B. Wagner II Defendants NOTICE Pursuant to Rule 236,you are hereby notified that a JUDGMENT has be entere in the above proceeding as indicated below. Ax ,� Prothonot fie fj Veto"' X Judgment by Default S l� 1a(a _ Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment,please call McCabe, Weisberg and Conway, P.C. at(215)790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle,Pennsylvania 17013 Prothonotary To: Donald B.Wagner II 172 KNOLLWOOD RD. Millersville,Pennsylvania 17551-9563 JPMorgan Chase Bank,National Association CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. Number 13-4140 Civil Sherry L. Smith and Donald B.Wagner II Defendants NOTICE Pursuant to Rule 236,you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Prothonot X Judgment by Default Money Judgment /D i.)C 1 i s Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment,please call McCabe, Weisberg and Conway, P.C.at(215)790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION FILE NO.: 13-4140 Civil Term C JPMorgan Chase Bank,National Association Via = V. AMOUNT DUE: $134,502.33 Sherry L. Smith and Donald B. Wagner II INTEREST: from 10/25/13 ' ''s ' $3,073.29 at$22.11 S' ., ATTY'S COMM.: © COSTS: p �� TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale,contract,or account based on a confession of judgment,but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended;and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs upon the following described property of the defendant(s) 400 Boyer Street, Summerdale,Pennsylvania 17093 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs,as above, directing attachment against the above-named garnishee(s)for the following property(if real estate, supply six copies of the description;supply four copies of lengthy personalty list) and all other property of the defendant(s)in the possession,custody or control of the said gamishee(s). (Indicate)Index this writ against the garnishee(s)as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 1 Z 3 BY: [ ]Terrence J.McCabe,Esq. [ arc S.Weisberg,Esq. [ ]Edward D. Conway,Esq. ]Margaret Gairo,Esq. [Andrew L.Markowitz,Esq. ] Heidi R. Spivak,Esq. Marisa J. Cohen,Esq. [ ]Kevin T.McQuail,Esq. U [ ] Christine L. Graham,Esq. [. ]Brian T.LaManna,Esq. �CA Ann E. Swartz,Esq. ]Joseph F.Riga,Esq. �02�O�O (� [ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. 53 Attorneys for Plaintiff log-75" <' Firm:MCCABE,WEISBERG AND CONWAY t 17 S (t Address:123 S. Broad Street, Suite 1400 e, Philadelphia,PA 19109 lX Attorney for:Plaintiff T5C Telephone: (215)790 1010 8 J a Sup me Court D No. �r , SoGL. LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land with the buildings and improvements thereon erected,situate in East Pennsboro Township,Cumberland County,Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point at the northwesterly corner of 4th and Boyer Streets;thence along the northerly line of Boyer Street,North 61 degrees 30 minutes West, 100 feet to a point;thence North 28 degrees 30 minutes East, 150 feet to a point on the southerly line of a 12 foot wide public alley;thence along same, South 61 degrees 30 minutes East, 100 feet to a point on the westerly line of 4th Street aforesaid;thence along same, South 28 degrees 30 minutes West, 150 feet to a point,the place of BEGINNING. HAVING ERECTED THEREON a dwelling house known and numbered as 400 Boyer Street(formerly 410 Boyer Street), Summerdale,Pennsylvania. UNDER and SUBJECT to the same rights,privileges,agreements,rights of way,easements,conditions, exceptions,restrictions and reservations as they exist by virtue prior recorded instruments,plans,deeds of conveyance,or visible on the ground. BEING the same premises which DONALD B. WAGNAR II, SINGLE MAN AND SHERRY L. SMITH, SINGLE WOMAN by deed dated August 9,2010 and recorded August 23,2010 in the office of the Recorder in and for Cumberland County in Deed Instrument#201023236,granted and conveyed to Sherry L. Smith,single woman. TAX MAP PARCEL NUMBER: 09-11-3005-045 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4140 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Plaintiff(s) From SHERRY L. SMITH AND DONALD B.WAGNER,II (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 gamishee(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: $134,502.33 L.L.: $.50 Interest FROM 10/25/1.3-$3,073.29 AT$22.11 Atty's Comm: Due Prothy: $2.25 Atty Paid: $285.58 Other Costs: Plaintiff Paid: Date: 11/20/13 • ...� David DABell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ANDREW L.MARKOWITZ,ESQUIRE Address: MCCABE,WEISBERG AND CONWAY 123 S. BROAD STREET,SUITE 1400 PHILADELPHIA,PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 28009 r z All McCABE,McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 �'-5 0,-57 HEIDI R.SPIVAK,ESQUIRE-ID#74770 �c'r MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 JPMorgan Chase Bank,National Association CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. NO: 13-4140 Civil Sherry L. Smith and Donald B.Wagner II Defendants AFFIDAVIT PURSUANT TO RULE 3129 The undersigned,attorney for Plaintiff in the above action,sets forth the following information concerning the real property located at: 400 Boyer Street, Summerdale,Pennsylvania 17093, as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Sherry L. Smith 198 Ashford Drive Enola,Pennsylvania 17025-2301 Donald B.Wagner II 172 Knollwood Road Millersville,Pennsylvania 17551-9563 2. Name and address of Defendants in the judgment: Name Address Sherry L. Smith 198 Ashford Drive Enola,Pennsylvania 17025-2301 Donald B.Wagner II 172 Knollwood Road Millersville,Pennsylvania 17551-9563 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address Township of East Pennsboro Room 101 98 South Enola Drive Enola,Pennsylvania 901-9392 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 400 Boyer Street Summerdale,Pennsylvania 17093 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department 4280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O.Box 320 Cumberland County Carlisle,PA 17013 United States of America c/o United States Attorney for the 13-4140Civil District of PA Harrisburg Federal Building&Courthouse 228 Walnut Street, Ste.220 Harrisburg,PA 17108-1754 and U.S.Post Office and Courthouse 700 Grant Street, Suite 400 Pittsburgh,PA 15219 United States of America c/o U.S.Dept of Justice,Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States of America c/o U.S.Dept of Justice,Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. BY: [ ] Terrence J. c e,Esq. ] Marc S.Weisberg,Esq. DATE [ ] Edward D.Conway,Esq. [ ] Margaret Gairo,Esq. Y--_]-Andrew L.Markowitz,Esq. [ ] Heidi R.Spivak,Esq. [ ] Marisa J.Cohen,Esq. [ ] Kevin T. McQuail,Esq. ] Christine L.Graham,Es [ ] Brian T.LaManna,Esq. [ ] Ann E.Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ] Joseph 1.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land with the buildings and improvements thereon erected,situate in East Pennsboro Township,Cumberland County,Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point at the northwesterly corner of 4th and Boyer Streets;thence along the northerly line of Boyer Street,North 61 degrees 30 minutes West, 100 feet to a point;thence North 28 degrees 30 minutes East, 150 feet to a point on the southerly line of a 12 foot wide public alley;thence along same, South 61 degrees 30 minutes East, 100 feet to a point on the westerly line of 4th Street aforesaid;thence along same, South 28 degrees 30 minutes West, 150 feet to a point,the place of BEGINNING. HAVING ERECTED THEREON a dwelling house known and numbered as 400 Boyer Street(formerly 410 Boyer Street), Summerdale,Pennsylvania. UNDER and SUBJECT to the same rights,privileges,agreements,rights of way,easements, conditions, exceptions,restrictions and reservations as they exist by virtue prior recorded instruments,plans,deeds of conveyance,or visible on the ground. BEING the same premises which DONALD B. WAGNAR II, SINGLE MAN AND SHERRY L. SMITH,SINGLE WOMAN by deed dated August 9,2010 and recorded August 23,2010 in the office of the Recorder in and for Cumberland County in Deed Instrument#201023236,granted and conveyed to Sherry L. Smith,single woman. TAX MAP PARCEL NUMBER: 09-11-3005-045 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#1761.6 EDWARD D.CONWAY,ESQUIRE -ID#34687 < MARGARET GAIRO,ESQUIRE-ID# 344197 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 C KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#31.0321 ` ANN E.SWARTZ,ESQUIRE-ID#201926 G JOSEPH F.RIGA,ESQUIRE-ID#57716 ' JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 CIVIL ACTION LAW JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Sherry L. Smith and Donald B. Wagner II Number 13-4140 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Sherry L. Smith Donald B. Wagner II 198 Ashford Drive 172 Knollwood Road Enola,Pennsylvania 17025-2301 Millersville,Pennsylvania 17551-9563 Your house(real estate)at 400 Boyer Street,Summerdale,Pennsylvania 17093 is scheduled to be sold at Sheriffs Sale on March 12,2014 at 10:00 a.m.in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013 to enforce the court judgment of$134,502.33 obtained by JPMorgan Chase Bank,National Association against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to JPMorgan Chase Bank,National Association the back payments,late charges,costs, and reasonable attorney's fees due. To find out how much you must pay,you may call McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may fmd out the price bid by calling McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened,you may call McCabe,Weisberg and Conway,P.C. at(215)790-1010. 4. If the amount due from the buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty(30)days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed schedule of distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the schedule of distribution. 7. You may also have other rights and defenses,or ways of getting your real estate back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land with the buildings and improvements thereon erected,situate in East Pennsboro Township,Cumberland County,Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point at the northwesterly corner of 4th and Boyer Streets;thence along the northerly line of Boyer Street,North 61 degrees 30 minutes West, 100 feet to a point;thence North 28 degrees 30 minutes East, 150 feet to a point on the southerly line of a 12 foot wide public alley;thence along same, South 61 degrees 30 minutes East, 100 feet to a point on the westerly line of 4th Street aforesaid;thence along same, South 28 degrees 30 minutes West, 150 feet to a point,the place of BEGINNING. HAVING ERECTED THEREON a dwelling house known and numbered as 400 Boyer Street(formerly 410 Boyer Street), Summerdale,Pennsylvania. UNDER and SUBJECT to the same rights,privileges,agreements,rights of way,easements,conditions, exceptions,restrictions and reservations as they exist by virtue prior recorded instruments,plans,deeds of conveyance,or visible on the ground. BEING the same premises which DONALD B.WAGNAR II, SINGLE MAN AND SHERRY L. SMITH, SINGLE WOMAN by deed dated August 9,2010 and recorded August 23,2010 in the office of the Recorder in and for Cumberland County in Deed Instrument#201023236,granted and conveyed to Sherry L. Smith,single woman. TAX MAP PARCEL NUMBER: 09-11-3005-045 McCABE,WEISBERG AND CONWAY,P.C. • BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L. MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 ', MARISA J. COHEN,ESQUIRE-ID# 87830 f` _ CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 rt, �`��' Sri BRIAN T.LAMANNA,ESQUIRE-ID#310321 tg► r) ANN E. SWARTZ,ESQUIRE-ID#201926 c3,6 cP r d JOSEPH F.RIGA,ESQUIRE-ID#57716 t'U Z r� JOSEPH I. FOLEY,ESQUIRE-ID#314675 v c) CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 yo -- JENNIFER L. WUNDER,ESQUIRE-ID#315954 rte ; LENA KRAVETS, ESQUIRE-ID#316421 4. 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 JPMorgan Chase Bank,National Association CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. Number 13-4140 Civil Sherry L. Smith and Donald B. Wagner II Defendant AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within matter,hereby certifies that on the 6th day of February,2014, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s)as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED McCABE,W ISBERG&CONWAY,P.C. BEFORE ME THIS 1 DAY By: "�� [ ]Terrence J. cCabe,Esquire [ c S.Weisberg,Esquire OF l Vf° Q1 ,2014 [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ] Christine L.Graham,Esquire 1 i "Lill [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire yr r, T 4 �, Y P BLIC [ ]Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire TH OF PENNSYI,VANI NOTARIAL SEAT. [ ]Celine P.DerKrikorian,Esquire [ ]Jennifer L.Wunder,Esquire HOPI:i1`WI/ATi(OJ?S!<I,Motel/Public [ ]Lena Kravets,Esquire City of Phileacipltb,Phila.County Commission E.x+fires.Irnusy 2,2018 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID# 87830 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T. LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID# 57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L. WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID# 316421 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 JPMorgan Chase Bank,National Association CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. NO: 13-4140 Civil Sherry L. Smith and Donald B.Wagner II Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 400 Boyer Street,Summerdale,Pennsylvania 17093,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property is attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Sherry L. Smith 198 Ashford Drive Enola,Pennsylvania 17025-2301 Donald B.Wagner II 172 Knollwood Road Millersville,Pennsylvania 17551-9563 2. Name and address of Defendants in the judgment: Name Address Sherry L. Smith 198 Ashford Drive Enola,Pennsylvania 17025-2301 Donald B.Wagner II 172 Knollwood Road Millersville,Pennsylvania 17551-9563 File#56291 Page 1 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address Township of East Pennsboro Room 101 98 South Enola Drive Enola,Pennsylvania 901-9392 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. . Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 400 Boyer Street Summerdale,Pennsylvania 17093 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor,Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 File#56291 Page 2 • PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O.Box 320 Cumberland County Carlisle,PA 17013 Tax Claim Bureau 1 Courthouse Square Carlise,PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street, Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept.of Justice,Rm 4400 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 United States of America do U.S.Dept.of Justice,Rm 5111 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 8. Name and address of Attorney of record: Name Address None File#56291 Page 3 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L. WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY v. Sherry L. Smith and Donald B.Wagner II Number 13-4140 Civil Defendants DATE:February 5,2014 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Sherry L. Smith and Donald B.Wagner II PROPERTY:400 Boyer Street,Summerdale,Pennsylvania 17093 IMPROVEMENTS:Residential Dwelling JUDGMENT AMOUNT: $134,502.33 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on March 12,2014 at 10:00 a.m.in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013.Our records indicate that you may hold a mortgage or judgments and liens on,and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty(30)days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10)days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien,we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. R M F HSWad yGcnAA = -1, p.0 O. p,,d b�y Lb ft c.4 N b0�y F.. Li O f+ ,o N Is.� �C O I it iv wi ,ii, "d v, S i. d °� 5 tab Di 0. O W e m y. oc � 0 o o F2 �u-nnP ZcoC ^ o 9o% m0Se <`'d��Tx _ A O Hr"=j g O w-o tj S O K SD M n O p A p„4LY "b�'O eC " M Cs'i.. ro O A 3a SID CsJ E so . En �l �w O O 0 o 0 �.e. -0 A A cC g k3 Q ‘p .`7 B w o � `< O - w n R °'b to C07 < A7 I C pJ b' �. n A'+ p N 0 W t 1 co . PtyD TIT/.k-tr k a - ° I 6�0r LZ i` pA 14\�j' • - , ' ��,,,, • - � , c i .:774.y A.' J w Z CO gc;2..;r:',9)R., '0 LItM mot 1 V .a a rn CO iIIiI , , , | A »-fi n ifi � g.rec ® ¢�#f47 m� e2 § k\ƒE® K9=Gr? 7.'17&& 2 � & & V¢2 & n» 0.11022 ^ 0 A ∎ -. 0� c� k2 R \M2Qi ®\ IQ t.0/,7/ \3Q �ƒ/ \ /� o n .., 2- �� B - ���%// o ^ co \ 0 IQ wA @ƒ0§ E2* 2 ■4 f rpa » & E 2 & g CD g ■ A W N *A O 0 00 �1 xNx g W4,� n-y nbnty box y� �xnpo n xbraob x;vt000 o Z=ate': �o oe =00 S •O0 =2.= y; � ; S 'I 0 " ■� --s 0-°i 0. d eo e e R � t . Ai n p °R O C b C O V A "°° bi� ,...Gy z`�� R• .. t ' RN vC � DR CknOA d° �W� ? n da ° A � '1 N », C � O C " N" rn y bC � n H � Xi Cn� c4co coE e0 C 000 n� r 00n..A °Q n 'g A C A co`� C "l A O 0 w A O" d w,. c. M H+e M+ p "C li ms ' J a C Rto ° 2A >.Ww+ s ViO + oo C/� C S Y "� A `0, by 7 A s W a y - d.—V] A ^ M M F y 00 A M. A " " 0 N ° ° 0 . d 00 e° C "I 0 co 0= et) r i a <= e fil FT © . C -. y N A O A 0 co 00 �'b A Re C coA OQ - , °s s.< 00 eeD p co n eo eo C Al A Rn0, a QQ N eD `T N 00 CJ 0 — eo co) N 'L7 eo W to eo R e.► 0 M • • cr te rn=' A • ro01 e eo ac• rz a vet Oy.01 n ro kN DD Ade "C S y rAd eat Q=Q• 'C Cn pq 'fl eD Oat t'� .O► Oet r,.4 4, C= 4-goo C1 COO • ! A3 ��A 3 C� • 0077= .•• o07w0 �• t. � 3Ad • vi n - Aar :v�o ov�o ►'`m ow CD • • • y y ♦ l McC,ABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COI-IEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790-1010 JPMorgan Chase Bank, National Association Plaintiff v. Sherry L. Smith and Donald B. Wagner II Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 13-4140Civil AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 27th day of February, 2014, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME THIS DAY 6tir OF , 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KIMBERLY HARRIS, Notary Public City of Philadelphia, Phila. County My Commission Expires May 15, 2017 McCABE, WEISBERG & C NWAY, P.C. BY: [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire [—I-Marc . Weisberg, Esquire [ ] Mar aret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE; - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE.- ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 • Philadelphia, Pennsylvania 19109 (215) 790-1010 JPMorgan Chase Bank, National Association Plaintiff v. Sherry L. Smith and Donald B. Wagner II Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 13- 4140Civil AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 400 Boyer Street, Summerdale, Pennsylvania 17093, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Sherry L. Smith 198 Ashford Drive Enola, Pennsylvania 17025 -2301 Donald B. Wagner II 172 Knollwood Road Millersville, Pennsylvania 17551 -9563 2. Name and address of Defendants in the judgment: Name Address Sherry L. Smith 400 Boyer Street Summerdale, Pennsylvania 17093 Donald B. Wagner II 400 Boyer Street Summerdale, Pennsylvania 17093 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address File #56291 Page 1 Plaintiff herein Ann L. Martin 41 East Orange Street Gibbel, Kraybill & Hess, LLP Lancaster, PA 17602 J. Dwight Yoder 41 East Organge Street Gibbel, Kraybill & Hess Lancaster, PA 17602 Vivian B. Narehood 41 E. Orange St. Gibbel, Kraybill & Hess Lancaster, PA 17602 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address Township of East Pennsboro 98 South Enola Drive, Room 101 Enola, Pennsylvania 901 -9392 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants /Occupants 400 Boyer Street Summerdale, Pennsylvania 17093 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 -8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 -1230 File #56291 Page 2 PA Department of Revenue Bureau of Compliance,; Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States 8. Name and address of Attorney of record: Name None PO BOX 280948 Harrisburg PA 17128 -0948 Clearance Support Department 281230 Harrisburg, PA 17128 -1230 ATTN: Sheriff s Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128 -0946 Attn: Sheriffs Sales c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108 -1754 U.S. Dept. of Justice, Rm 4400 950 Pennsylvania Avenue, NW Washington, DC 20530 U.S. Dept. of Justice, Rm 5111 950 Pennsylvania Avenue, NW Washington, DC 20530 Address File #56291 Page 3 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. DATE McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ . ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Re: JPMorgan Chase Bank, National Association v. Sherry L. Smith. et al. Cumberland County; Number: 13- 4140Civil [ 'Marc Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire File #56291 Page 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE 7 ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE- ID #314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 " Philadelphia, Pennsylvania 19109 215 790-1010 Attorneys for Plaintiff JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY v. Sherry L. Smith and Donald B. WagnerJI Defendants DATE: February 27, 2014 Number 13-4140Civil TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Sherry L. Smith and Donald B. Wagner II PROPERTY: 400 Boyer Street, Summerdale, Pennsylvania 17093 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $134,502.33 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on May 7, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule.. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE, Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St., Suite 2080 Philadelphia, PA 19109 ATTN:K. Keller- Check type of mail or service: Certified 0 Recorded Delivery (International) 0 COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation 0 Insured Line Article Number Postage U.S. POSTAGE >» PITNEY BOWES ZIP 19109 $ 003 600 02 11^/ "J J 00013.77494 FEB. 27. 2014 JPMorgan Chase Bank, National Association Plaintiff v. Sherry L. Smith and Donald B. Wagner II Defendants Ann L. Martin Gibbel, Kraybill & Hess, LLP 41 East Orange Street Lancaster, PA 17602 J. Dwight Yoder Gibbel, Kraybill & Hess 41 East Organge Street Lancaster, PA 17602 m r -o D c>� c 191,n •A' 91 Vivian B. Narehood Gibbel, Kraybill & Hess 41 E. Orange St. Lancaster, PA 17602 _ Tota112 NumbersoflPiec Listed by Senderi 3 Total Number of Pieces eceived at Post Office S,HERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ;' ED - l- 0 W OTt',ri °k Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor L J l ii ...11.1N 12 Ail 9: 3.i C{UMRFRLAND COUNTY PENNSYLVANIA JPMorgan Chase Bank, N.A. vs. Sherry L Smith (et al.) Case Number 2013-4140 SHERIFF'S RETURN OF SERVICE 11/25/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Donald B. Wagner, II , but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Lancaster County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 01/09/2014 10:55 AM - Deputy Jamie DiMartle, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 400 Boyer Street, East Pennsboro - Township, Summerdale, PA 17093, Cumberland County. 01/10/2014 11:18 AM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Alex Smith, Def Son 22yrs old, who accepted as "Adult Person in Charge" for Sherry L Smith at 198 Ashford Drive, East Pennsboro, Enola, PA 17025, Cumberland County. 01/16/2014 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Labcaster County upon Donald B. Wagner, II, personally, at 172 Knollwood Road, Millersville, PA 17551 at 1405 hrs. So Answers: Mark Reese, Sheriff of Lancaster County. 03/11/2014 As directed by Terrance Mccabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/7/2014 05/07/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on May 07, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Terrance McCabe on behalf of Federal Home Loan Mortgage Corp, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,102.00 SO ANSWERS, May 23, 2014 c) C ountvSu:te Sheriff. Teleosoft, Inc. RONNY R ANDERSON, SHERIFF On November 25, 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, 400 Boyer Street, Summerdale, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: November 25, 2013 By: Cci Real Estate Coordinator DWI 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-4140 Civil Term TAX MAP PARCEL NUMBER: 09- 11-3005-045. JPMorgan Chase Bank, N.A. vs. Sherry L. Smith Donald B. Wagner, II Atty.: Terrance McCabe ALL THAT CERTAIN parcel of land with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows, to wit: • BEGINNING at a point at the northwesterly comer of 4th and Boyer Streets; thenee along the northerly line of Boyer Street, North 61 degrees 30 minutes West, 100 feet to a point; thence North 28 degrees 30 minutes East, 150 feet to a point on the south- erly line of a 12 foot wide public alley; thence along same, South 61 degrees 30 minutes East, 100 feet to a point • on the westerly line of 4th Street aforesaid; thence along same, South 28 degrees 30 minutes West, 150 feet to a point, the place of BEGINNING. HAVING ERECTED THEREON a dwelling house known and numbered as 400 Boyer Street (formerly 410 Boyer Street), Summerdale, Penn- sylvania. • UNDER and SLJBJECT to the same rights, privileges, agreements, rights of way, easements, conditions, exceptions, restrictions and reserva- tions as they exist by virtue prior re- corded instruments, plans, deeds of conveyance, or visible on the ground. BEING the same premises which 1 DONALD B. WAGNER II, SINGLE MAN AND SHERRY L. SMITH, SIN- GLE WOMAN by deed dated August 9, 20 10 and recorded August 23, 2010 in the office of the Recorder in and for Cumberland County in Deed Instrument #201023236, granted and conveyed to Sherry L. Smith, single woman. 72 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, E itor 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 20, 2014 The Patriot -News Co. :x=-2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the atriotXews 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. 2013-4140 Civil Term OPMorgan Chase Bank Vs Vs Sherry L Smith Donald B Wagner, II Atty: Terrance Mccabe ALL THAT CERTAIN parcel of land with the buildings and improvements c thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the northwesterly comer of 4th and Boyer Streets; thence along the northerly line of Boyer Street, North 61 degrees 30 minutes West, 100 feet to a point; thence North 28 degrees 30 minutes East, 150 feet to a point on the southerly line of a 12 foot wide public alley; thence along same, South 61 degrees 30 minutes East, 100 feet to a point on the westzAyi-r,cv?4th Street aforesaid; thence along same, South , 2R &areas 10 minutes This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Swo subscribed before m his1$ day of February, 2014 A.D. Public COMMONWEALTH OF PENNSYLVANIA Notarial Sal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12 2016 MEMBER, PENN9YLvAh Fk„!X IAT10'j DP NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 7th day of May A.D., 2014, under and by virtue of a writ Execution issued on the 20th day of November, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 4140, at the suit of JPMorgan Chase Bank N A against Sherry L Smith & Donald B Wagner II is duly recorded as Instrument Number 201412349. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , A.D. .:20/? 71_ e day of er My Commi ecorder of Deeds ds, Cumberland County, Carlisle, PA ion Expires the First Monday of Jan. 2018