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Home My WebLink About13-4470 Supreme Court of Pennsylvania u 57i_ , Court of Cbmmon,Pleas /* Civil Cover Sheet For Prothonotary Use Only: CUMBERLAND,^ V County 1 ` c ` 0 t, Docket No: T The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required b), law or rules of court. Commencement of Action: S ❑x Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: US BANK NATIONAL ASSOCIATION, Lead Defendant's Name: JEFFREY L. CAREY A/K/A JEFFREY C AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CAREY T CORPORATION MORTGAGE PASS - THROUGH I CERTIFICATES, SERIES 2005 -AR1 Are money damages requested? ❑Yes Z No Dollar Amount Requested: ❑within arbitration limits (Check one) Z outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff /Appellant's Attorney: Allison F. Wells. Esq., Id. No.309519. Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented I 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 ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not include S mass tort) ❑ Employment Dispute: E ❑ Slander /Libel/ Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other C ❑ Zoning Board T ❑ Other: I MASS TORT ❑Other: U ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B • Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY El Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Other: ❑ Other: ❑ Medical ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 FORM l 9 . t 1 gty Ili di�� iU[Aai f t G.. .1 .a 30 YLV'' I' A PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CIVIL DIVISION CORPORATION MORTGAGE PASS - THROUGH ` nr Z a CERTIFICATES, SERIES 2005 -AR1 NO.: / s C/O WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. JEFFREY L. CAREY A /K/A JEFFREY CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015 -9504 Defendants. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now comes US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 2005 -AR1, by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 062 -PA -V3 8 . 1. The Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 2005 -ARI, C/O WELLS FARGO BANK, N.A.,. 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendants, JEFFREY L. CAREY A /K/A JEFFREY CAREY and LEANN CAREY, are individuals whose last known address are 251 MCALLISTER .CHURCH ROAD, CARLISLE, PA 17015 -9504. 3. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 2005 -ARI, directly or through an agent, has possession of the Promissory Note, US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION -MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005 -ARI is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about June 18, 2005, JEFFREY CAREY and LEANN CAREY made, executed and delivered to ARGENT MORTGAGE COMPANY, LLC. a Mortgage in the original principal amount of $148,500.00 on the premises described in the legal description marked Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Book 1913, Page 978. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 062 -PA -V3 J 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded February 12, 2013, the mortgage was assigned to US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 2005 -AR1 which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201304795. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. JEFFREY L. CAREY A/K/A JEFFREY CAREY and LEANN CAREY are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due February 1, 2011. 8. As of 07/19/13 , the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 165,210.92 Interest 01 /O1 /11 to 07/19/13 $ 25,270.34 Late Charges $ 644.76 Property Inspections $ 60.00 Escrow Deficit $ 7,391.63 TOTAL $ 198,577.65 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 062 -PA -V3 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $ 198,577.65, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. �/� 1 `/ By Date: 1' n s, Es-q, Id. No.309519 ttorney for Plaintiff 062 -PA -V3 Exhibit "A" ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST PAY. THIS LOAN HAS A PREPAYMENT PENALTY PROVISION. June 18, 2005 White Plakis NY Iatal Icityl (Statol 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17013 [Property Address] 1. BORROWER'S PROMISE TO PAY In return fora loan that I have received, t promise to pay U.S. S 148,500.00 (this amount Is called "principal "), phis interest, to the order of the t. ender. The Lender is Argent Mortgage Company, LLC . 1 understand that the Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the fuil amount of principal has been paid. I will pay Interest at a yearly rate of 6.900 %. This interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this We Is the rate I will pay bath before and efler any default described In Seclion 7(8) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on August 1, 2005 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on July 1, 2035 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the maturity date. I will make my payments at: 505 City Parkway West, Suite 100, Orange, CA 82868 or at a different place if required by the Note Holder. (a) Amount of My Initial Monthly Payments Each of my Initial monthly payments will be in the amount of U.S. $ 978.03 . This amount may change. (C) Monthly Payment Changes Changes in my monthly. payment will reflect changes in the unpaid principal of my loan and in the interest rate that I I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in i accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may rhange on the first day of July, 2007 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date.' (B) The Index I Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" Is the average of interbank offered rates for six -month U.S. dollar- denominated deposits in the London market ( "LIBOR "), as published In The Wall Street Journal. The most recent Index figure available as of the date 45 days before the Change Date is called the "Current Index.' If at any point in time the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Charge Date, the Note Holder will calculate my new interest rare by adding six percentage point(s) I e.0oo `l4) to the Current Index, The Note Holder will then round the result of this addition to the nearest cne ghl of one percent (0.125 %). Subject to the limits stated in $action 4(D) below, this rounded amount will be my new interest rate until the next Change Date, The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal [hat I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be t he new amount of my monthly payment. InPoal�� ! M1- ,rA1ae� 01M3r 10'3 0511 052:15:14 PM i (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8,900 % or Mess than (1.400 Thereafter, my Interest rate will never be increased or decreased on any single Change Date by more than One percentage point(s) 1.000 %) from the rate of interest I have bean paying for the preceding six months. My interest rate will never be greater than 12.900 % or less than 6.900 (E) Effective Date of Changes My new Interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the no:rce. 5 PREPAYMENT PRIVILEGE I may repay all or any part of the principal balance of this Note in accordance with the terms of this Section. A "prepayment' Is any amount that I pay in excess of my regularly scheduled payments of principal and interest that the Lender will apply to reduce the outstanding principal balance on this Note in accordance with this Section. (A) Prepayment Made Two (2.00) year(s) After the Date of this Notts I will not have to pay a prepayment charge if I make a prepayment on the Two (2.00) year anniversary of the date this Note is executed, or at any time thereafter. (B) Prepayment Mads Within Two (2.00) year(s) of the Date of this Note If the original principal balance of my loan exceeds $50,000.00, 1 will pay Lender a prepayment charge if, in any twelve (12) month period before the Two (2.00) year anniversary of the date this Note Is executed, I prepay inure then 20% of the original principal balance of this Note. The prepayment charge will be six (6) months interest, at the rate then in effect on'this Note, on the amount in excess of 20% of the original principal balance that I prepay within such 12 month period. (C) Application of Funds I agree that when I indicate in writing that i am making a prepayment, the Lender shall apply funds it receives first to pay any prepayment charge and next in accordance with the order of application of payments set forth in Section 2 of the Security Instrument. (D) Monthly Payments If I make a prepayment of an amount less than the amount needed to Completely repay all amounts due under this Note and Security Instrument, my regularly scheduled payments of principal and interest will not change as a result. I 6. LOAN CHARGES If a law, which applies to'this loan and which sets maximum loan charges, is finally interpreted so that' 'he interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan: charge shall be reduced by the amour.t necessary to reduce the charge to the perrmitled limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces the principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payment if the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it Is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 6.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late pa ment. (B) Default 111 do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If 1 am in default, the Note bolder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay Immediately the full amount of principal which has not been paid and all the interest that I owe of•, that amount. The date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time when t am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses if the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. i ` 8. GIVING OF NOTICES ' Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first doss mall to the Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given notice of that different address. .42 201."A (qev. a+rm) 2&3 06!17!2(105 215: ?4 PM I 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, Including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Nole. The Note Holder may enforce its rights under this Note against each parson Individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10, WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor' means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11.. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition, to the protections given to the Note Haider under this Note, A Mortgage, Deed of Trust or Security Deed (the "Security Instrument ), dated the same as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. That the Security Instrument describes how and under what conditions I maybe required to make immediate payment In full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower Is sold or transferred and Borrower is not a natural person) without the Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the dale of this Security Instrument. Lender also shall not exercise this option If: (a) Borrower causes to be submitted to tender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonable determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition of tenders consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or r malted within which the Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to.the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Oral agreements, promises or commitments to tend money, extend credit, or forbear from enforcing repayment of a debt, including promises to extend, modify,'renew or waive such debt, are not enforceable. This written agreement contains all the terms the Bonower(s) and the Lender have agreed to. Any subsequent agreement between us regarding this Note or the instrument which secures this Note, must be in a signed writing to be legally enforceable. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. {Seal) _ (Seal) B FF CA EY BO LEANN CAREY l i (Seal) (Seat) Borrower Borrower PAY TO THE ORDER OF WITHOUT R ECOURS E ARGENT MORT ' COMPANY, L> BY. ••-' SAM MA1 U P ID 201.3P41�• 01MI 3 of 3 0011712005 215:14 Prot BY: Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the Improvements thereon erected, situate in the Township of West Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of the Public Road leading from the Carlisle - Newville Road to Greeson; thence along property now or formerly of Charles F. Nelson and wife, South 84 degrees 45 minutes East a distance of 53.5 feet to a post; thence by same, South 57 degrees30 minutes East a distance of 219.8 feet to a stake at three Locust Trees; thence along lands now or formerly of Lawrence Heberlig, South 42 degrees West a distance of 33 feet to a stake; thence by same, North 56 degrees 45 minutes West a distance of 141.66 feet to a stake; thence by same, North 79 degrees 15 minutes West a distance of 102.35 feet to a point in the center of the Public Road above described, thence by center of the above Public Road, North 5 degrees 30 minutes East a distance of 50.84 feet to a point, the place of BEGINNING. THE forgoing description is in accordance with a survey made by T. Elliot Middleton, a registered surveyor, March 27, 1947. PROPERTY ADDRESS: 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015- 9504 PARCEL # 46 -19 -1659 -023 Pilek 303697 ' J . VERIFICATION Daniel Edward, hereby states that e/ he is Vice President Loan Documentation Of WELLS FARGO BANK, N.A., mortgage servicing agent for plaintiff in this matter that �Yshe is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best o is her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Further, due to its mortgage servicing agency relationship with plaintiff, WELLS FARGO BANK, N.A. is in possession and 'control of all documents and records supporting the statements in the foregoing pleading and, therefore, the undersigned, rather than an officer or employee of plaintiff, is the appropriate individual to make this Verification pursuant to Pa.R.C.P. 1024(c). Na Daniel Edward Title: Vice President Loan Documentation Company: Wells Fargo Bank, NA. Date: 07/23/2013 085 -PA -V2 File # 303697 IN THE COURT OF COMMON PLEAS US BANK NATIONAL ASSOCIATION, AS OF CUMBERLAND COUNTY, PENNSYLVANIA TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 2005 -AR 1 Plaintiff(s) c- VS. JEFFREY L. CAREY A /K /A JEFFREY CAREY LEANN CAREY Defendant(s) �� — 77 .j— C--) — NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE,, DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and 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 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 arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Ilison F. r6rs, Esq., Id. A t No.309519 t"' Al`�C,.� Attorney for Plaintiff 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 counseling agency. 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): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & 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 42 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles)• Model: Year: Amount owed: ^ Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) ) Condo/Neigh. Fees Auto Insurance Med. (not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone 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: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the counseling 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: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) k Y NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 303697 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff `l TH Ep�0Ti 0 TA k � Jody SSmith 7O�� AUG i � �N |�` �Q Chief Deputy �".^ �v° . � n'/ ."' �~ Richard VVStewart C0MAEA} 8�D COUNTY xox000 *e� � � �� w */pp PENNSYLVANIA US Bank National Association, meTrustee vu. Case Number Jeffrey L Carey(et oi) | 2013'4470 SHERIFF'S RETURN OF SERVICE 08/08/2013 06:31 PK8-Deputy Jamie DiyNorUe, being duly sworn according holaw, served the requested Complaint in Mortgage Foreclosure byhanding o true copy too person representing themne|veobobeK8ichae| Corsica,Tenant, who accepted as"Adult Person in Charge"for Occupant at 251 McAllister Church Road, VVastPennoboro. Cadiu|o, FY\ 17015. 0809/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Leann Carey, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 251 McAllister Church Road, West Pennsboro, Carlisle, PA 17015. Deputies were advised by current tenants that the defendants reside somwwhere in Florida, but they were unable to provide an address for them. 08/09/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jeffrey L Caney, but was unable to locate the Defendant in his bailiwick, The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 251 McAllister Church Road, West Pennsboro, Carlisle, PA 17015. Deputies were advised by current tenants that the defendants reside somvmwherein Florida, but they were unable to provide an address for them. SHERIFF COST: $7156 SO ANSWERS, (3Z, x August 08. 2013 RONW RANDERS0N. SHERIFF w CountySulto ahe6nwleosoftmc �' llEn s,r 13 1 i i I• a. I Di N S Y L,', .I,1A PHELAN HALLINAN, LLP BY: D. TROY SELLARS, ESQUIRE Identification No. 210302 126 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff (215) 563-7000 x 1360 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES COURT OF COMMON PLEAS CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 CIVIL DIVISION C/O WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD TERM FORT MILL, SC 29715 Plaintiff, NO. 13-4470-CIVIL vs. CUMBERLAND COUNTY JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 Defendants. PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT AND NOW COMES Plaintiff, US Bank National Association, as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2005-AR1., by and through its attorneys, Phelan Hallinan, LLP, and hereby files its Motion for Leave to Amend Complaint pursuant to Pa.R.C.P. 1033: 1. On July 30, 2013, Plaintiff filed its Complaint in Mortgage Foreclosure against Defendants due to their failure to tender timely monthly mortgage payments due February 1, 2011 and each month thereafter. A true and correct copy of said Complaint is attached hereto, made part hereof and marked as Exhibit"A". 797459 2. Plaintiff has advanced funds on the defaulted loan since the filing of the original Complaint. 3. The amount set forth in Paragraph eight (8) of Plaintiffs Complaint is no longer accurate. The amount currenty due on the mortgage are as follows: Principal Balance $165,210.92 Interest $26,515.07 01/01/2011 through 09/04/2013 Late Charges $644.76 Property Inspections $60.00 Escrow Deficit $7,391.63 Corporate Advance Credit $(125.00) TOTAL $199,697.38 4. Plaintiff therefore seeks to file an Amended Complaint to reflect the amounts now due on the Mortgage. A true and correct copy of the proposed Amended Complaint is attached hereto, made part hereof, and marked Exhibit`B". 5. Defendants will in no way be prejudiced by the filing of the Amended Complaint as Defendants have not responded to the original Complaint and will now have an additional opportunity to do so, and further, no additional causes of actions are raised. 6. In accordance with Cumberland County Local Rules, Plaintiff sent a copy of its proposed Motion for Leave to Amend Complaint on November 8, 2013 and requested Defendants' concurrence. A true and correct copy of Plaintiffs November 8, 2013 letter is attached hereto, made part hereof and marked as Exhibit "C". 797459 • WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Plaintiff's Motion for Leave to Amend Complaint as outlined above. Respectfully submitted, PHELAN HALLINAN, LLP Date: ��/� By: ` 477) D. Troellars, Esquire Attorney for Plaintiff 797459 7 Exhibit "A" f car► Prri r► G r" r- r11 too ca CD 4 in -4. PHELAN HALLINAN,LLP ATTORNEY FOR PLAINTIFF Allison F. Wells,Esq.,Id. No,309519 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CIVIL DIVISION CORPORATION MORTGAGE PASS-THROUGH (j/ CERTIFICATES, SERIES 2005-ARI NO.: /q % o C/O WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. JEFFREY L.CAREY A/K/A JEFFREY CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE,PA 17015-9504 Defendants. CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSURE And now comes US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1,by its attorneys,Phelan Hallinan,LLP and files this Complaint in Mortgage Foreclosure as follows: Nosy Flie Cori we holm cern 111°_,4 Please Return - von ID be a_reihr 062-PA-V3 C ,r" NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20)days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so,the case may proceed without you,and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 Fite N: 303697 1. The Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR TIIE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-AR1, CIO WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD,FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendants, JEFFREY L. CAREY A/K/A JEFFREY CAREY and LEANN CAREY, are individuals whose last known address are 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504. 3. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1, directly or through an agent, has possession of the Promissory Note. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION• MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR 1 is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit"A",attached hereto and made a part hereof. 4. On or about June 18, 2005, JEFFREY CAREY and LEANN CAREY made, executed and delivered to ARGENT MORTGAGE COMPANY, LLC. a Mortgage in the original principal amount of $148,500.00 on the premises described in the legal description marked Exhibit "B",attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Book 1913, Page 978. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P, 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 062-PA-V3 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded February 12, 2013, the mortgage was assigned to US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-AR1 which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201304795. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. JEFFREY L. CAREY A/K/A JEFFREY CAREY and LEANN CAREY are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due February 1, 2011. $. As of 07/19/13 , the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 165,210.92 Interest 01/01/11 to 07/19/13 $ 25,270.34 Late Charges $ 644.76 Property Inspections $ 60.00 Escrow Deficit $ 7,391.63 TOTAL $ 198,577.65 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to,costs(including escrow advances)and Plaintiffs attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 062-PA-V3 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE,Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$ 198,577.65,with interest thereon plus additional costs(including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: Date: �� 1` s, lisq., Id.No.309519 torncy for Plaintiff 062-PA-V3 Exhibit "A" ADJUSTABLE RATE NOTE (LIBOR Index-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE i MUST PAY. THIS LOAN HAS A PREPAYMENT PENALTY PROVISION, June 18,2005 While Pla'vrs NY teats) (nlryl (Swro) 251 MCALLISTER CHURCH ROAD,CARLISLE,PA t7013 lemony mammal 1.BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S,S. 148,500.00 this amount Is called"principal"),plus interest,to the order of the Lender. The Lender is Agent Mortgage Company,LLC I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who Is entitled to receive paymenl3 under this Note Is called the"Note Holder." 2. INTEREST Interest WI be charged on unpaid principal until the Lull amount of principal has been paid. I will pay Interest at a yearly rate of 8.900 %. This interest rate I will pay may change In accordance with Seotlon 4 of this Note. The Interest rate required by this Section 2 and Sooner;4 Of title Note Is the rate I will pay both before and alley any default described In Section 7(13)of Oda Note. 3. PAYMENTS (A) Time and Place of Payments will pay prioelpal end interest by making payments every month. I wiii make my monthly payments on the first day of each Month beginning on Auguet 1, 2005 I will make these payments every month until I have paid all of the principal and Interest and any other charges deaerlbed uelow Ihut I may owe under this Note. My monthly payments will he applied to interest before principal. If,on July 1,2035 , I still owe mounts under this Note, I will pay those amounts In full on that date,which is called the maturity date. I will make my payments at: 505 City Parkway West,Suite 100, Orange,CA 92058 or at a different place If required by the Note Helder. (B)Amount of My!nittel Monthly Payments Each of my Initial monhly payments will be in rho amount of U.S.$078.03 , This amount may change. (C)Monthly Payment Changan Changes in my monthly.payment will reflect ohengee in the unpaid principal of my loan and In the Interest rote that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A)Change Oates The Interest rate I will pay may ntaenge on the Net day of July,2007 ;and on that day ovary sixth month thereafter. Each date on which my interest rate could change is celled a"Change Date.' (B)The index Beginning with the first Change Dale,my Interest rate will be based on en Index. The"Index"Is the average of interbank offered rotes for six-month U.S. dollar-denominated depoelte In the London market ("LIBOR"), es published in The Wall Street Journal, The most recent Index figure available as of the data 45 days before the Change Dote Is errllud tiro"CuVunt ledex." It ei any point in tine me Index is no longer available,th0 Note Holder will cheerio a new index that Is based upon coretexabtc Infonnollrxh TN)Nolo I folder will give me notice of this choice, (C)Calculation of Changes Before each Change Uate,the Note Holder will cslcuiatemy new interest rate by adding six pelcenloge point(e) 0.000 `yo)to the Currant Index. Thu Note Holder will than round the result of this addition to the nuttiest one-went of one percent(0.125%), Subject to the limits stated In Section 4(D)below,titer rounded amount will be my new interest rate until the next Change Dote. The Nole Holder MI then determine the amount or the monthly peyrnent that would be sufficient to repay the unpaid principal!hut I am expected to owe at the Change item In full on tare Maturity Dale at my new interest rate in substantially equal payments. The result of this celcelation wi by nuw amount of my monthly payment [Vtt(J1G�� • zm•rrepra..mon h 013 0!311 a5'.4i5;14 fit • * (0)Limits art Interest Rate Cheneas Thn interest rate I am rewrite to pay at Ilia first Mimeo Data will not be 11rcuIor than 0,900 % or less than 8,900 it,, Tl e ttehan,my Interest rate WIll novae be Increased or der eateed are any single Change Date by more man On■percunloge potions)1.000%)frein the mint nt interest I linen(Henn pitying for the preceding six months. My Interest rate will,ewer bee greater than 12.900%or less than 6.000%, (E)Effective Date of Change, My new Interest rate will became effective on each Change Date, 1 wit pay the amount of my new monthly payment hoglnning on the first monthly payment Bute after the Change Date until the amount of my monthly payrnanl changes ogatn• (F) Notice of Changes The Note Holder will deliver or mein to me a notice of any changes In my Interest rale and the amount of my monthly payment before the effective dale of any change. The notice will include information required by law to be given me and also the tile and telephone number of a person who will answer any question I may have regarding the notice. Si PREPAYMENT PRIVILEGE I may repay all or any purl of the prntcipal balance of this Note in accordanc a wilts the tonne of tills Soctk n. A "prepayment'is any amount that I nary Ira uxcaia of niy regularly scheduled payments of prtncipaf and Interest that the Lender will apply to reduce the meteorite le in incipui Lelence an this Note In accordance wilts ills Section. (A)Prepayment Made Two(2.00)yeer(s)Alter the Date of this Note 1 will not have to pay a prepayment charge if I make a prepayment on the Two(2,00)year anniversary of the date this Note Is executed,or at any time thereafter. (0)Prepayment Made Within Two(2.0D)year(s)of the Dam of this Note it the weenie priec:ipat balance or my loan exceeds 590,000.00,I will pay Lender a prepayment chorea if, In arty twelve(12)month period before the Two(2,00)year anniversary of the dale this Note le executed,I prepay more than 20%of the original principal balance of this Note. The prepayment charge will be six(0)emetic interest,at the tate then fit affect on title Nolt on the amount In excess of 20%of the original principal balance that I prepay within such 12 month period. (C)Application of Funds I agree that when 1 Indicate in writing that I em making a prepayment,the Lender shall apply funds it receives first to pay any prepayment charge end next ire accordance with the order of application of payments set forth in Section 2 of the Security Instrument. (D)Monthly Payments If I make a prepayment of sari amount less than the emount needed to completely repay all amounts due under this Note and Security Instrument, my regularly scheduled payments of principal and interest will not change as a result, 6. LOAN CHARGES if a law,which Hpplica to'this loan and which erns maximum foes charges,is finally trtlerpruted 9c Mal'the Interest or other loon charges enuected or to be collected M connection with this loan exceed the permitted limits,then:(l)any such loan charge shall be reduced by the arnuunl necessary to reduce the charge to the permitted Omit;and(di)any sums already coicctod from ma while' exceeded permitted limits will tee refunded to me. The Note Holder may choose to make This rotund by reducing 11ie principal I owe tinder this Note or by making a(erect payment to me, If a refund reduces the principal,the reduction wall be treated as a partial prepayment, 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charge,for Overdue Payment If the Note Holder hes not received the full amount of any monthly payment by the end of fifteen calendar days efler the date It Is due,I will pay a late charge to the Note Holder, The amount of the charge will be 6.000%of my overdue payment of principal and interest. I we pay this tote charge promptly but only once on each tele yyment. (0) Default If I do not pay the full amount of each monthly payment on the data it is due,I will be In default. (C) Notice of Default It I ant in default,the Note Holder may send me a whiten notice telling me that if f do not pay the overdue amount by a certain dale,the Note Holder may require me to pay Irnmedeitoiy the full amount of principal which hes not been paid and all the interest that I owe an that amount, The date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Holder Even If, et a lime when 1 ant In default,the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right to do so if I em in default at a later time. (E) Payment of Note Holder's Costs and Expenses if the Note Helder has required me to pay Immediately in full as described above,the Note Holder will have the right to be paid back by me for all of Its coats and expenses in enforcing lies Note to the extant not prohibited by applicable law. Those expenses include,for example,reasonable attorneys'fees, 8. GIVING OF NOTICES Unless applicable low requires a different method, any notice that meet be peen to me under this Note will be given by delivering tl or by In fling It by first class mail to mu at the Properly Address above or at a deferent address Iii give the Nola Heider it nuke of my different address. Any mace that moat Ix,Uivun to the Note Holder under this Nola will be given by metling it by first doss mall to the Nolo Holder at Inn add'ese Oiled in Sector 3(A)above or at a different address if 1 ant given notice of that different address. 4r Its (I .1"(Rev.61!47) 2 00 iK.,1772006 2:16:14 PM • I 9, OBLIGATIONS OF PERSONS UNDER THUS NOTE If more than one person signs this Note,each person Is fully and personally obligated to keep all of the promises made In this Note, lnciudinq the promise to pay the full amount owed. Any person who la a guarantor,surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations.Including the obligations of a guarantor,surety or endorser of this Note,is also obligated le keep all of the promises made In Ibis Note. The Note Holder may enforce Its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10, WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment"means the rigid tO require the Note Holder to demand payment of amounts due. 'Notice of Dishonor means the right to require the Note Holder to give notice to Ohm-persons that amounts duo have nut been paid. 11. UNIFORM SECURED NOTE This Nolo is u uniform instrument with limited variations in some jurisdir:tktna in addition,to the protections givers to the Note Holder under this Note,A Mortgage.Deed of Trust or Security Dead(the"Security Instrument'),dated the same as this Note. protects the Note Holder from possible lasses which might resell II I do not keep the promises that I make Imthis Note. That the Security instnurnont describes hod and under whet conditions i may be required to mike immediate payment In full of of amounts I owe under this Nolo Some of those conditions aro described as follows: Transfer of the Property or a Bertatictel interest In Borrower, deli or any port of the Property or any Internet in it t5.said or transferred(or If a beneficial interest In harrower Is sold or transferred and Borrower is not natural person)without tine Lender's prior Written oon6nni,Lender may,at he option,require enmedfate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender If exercise is prohibited by federal law as at the dale of this Security Instrument. Lender also shall not exorcise this option lf:(a) Borrower causes to be et/Writes-0 to lender kit required by Lender to eveluate the intended transferee as If a new loan were being made to the Transferee;end(b)Lender ronsonable determitnee thot Lender's security will not be impaired by the loan assumption and that the risk of a broach of any covenant or agreement in the 8eourity Instrument is acceptable to Lender. To the extent permitted by appl cubirr taw, Lender may charge a reasonoblet fee as a condition of Landau's consent to the ioan assumption. Lender may also require cue transferee to sign on assumption agreement that Ir, acceptable to lender and that obligates the transferee to keep tel the promisee end agreements made in the Note and in this Smelly Instrument, Borrower will continue to be obligated under the Note and the Security Instrument unless Lender releases Borrower in writing. tf Lender exercises the option to require immediutu payment In lull, Lender shall give Borrower notice of nccaleratiun. The notice shalt provide a period of not less than 30 days from the dale the melee is delivered or mated within which the Burrower must pay all sums secured by this Security Instrument, If Borrower farts to pay these sums prior to UM expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without flirther nation or demand on Borrower, Oral agreements,promises or commitments to lend money,extend credit,or forbear from enforcing repayment of a debt,including promisee to extend, modify,renew or waive such debt,are not enforceable, This written agreement contains all the terms the Borrower(e)and the Lander hove agreed W. Any subsequent agreement between us regarding this Note or the instrument which secures this Not.,must be In a signed Writing to be legally enforceable. WITNESS THE IiiAAND(S)AND SEAL(S)OF THE UNDERSIGNED. (Swv) ��. ;' (Soot) Ur^ w • ,f hot * LEANN CANEY (Seal) _ (Seat) Borrower Borrower • PAY TO THE ORDER OF WITIIOU'r RECOURSE ARGENT MORT 1e' COMPANY,I. C SAM A eiK ,'1(i:r aom e',i r.,,,mx+St 3 Or 3 0011 ir2005 2:15:14 PM i " • 7 c r.ia, LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the Improvements thereon erected, situate in the Township of West Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of the Public Road leading from the Carlisle- Newville Road to Greeson; thence along property now or formerly of Charles F.Nelson and wife,South 84 degrees 45 minutes East a distance of 53.5 feet to a post;thence by same, South 57 degrees30 minutes East a distance of 219.8 feet to a stake at three Locust Trees; thence along lands now or formerly of Lawrence Heberlig,South 42 degrees West a distance of 33 feet to a stake;thence by same,North 56 degrees 45 minutes West a distance of 141.66 feet to a stake; thence by same,North 79 degrees 15 minutes West a distance of 102,35 feet to a point in the center of the Public Road above described, thence by center of the above Public Road,North 5 degrees 30 minutes East a distance of 50.84 feet to a point, the place of BEGINNING. THE forgoing description is in accordance with a survey made by T.Elliot Middleton,a registered surveyor,March 27, 1947. PROPERTY ADDRESS: 251 MCALLISTER CHURCH ROAD,CARLISLE,PA 17015- 9504 PARCEL#46-19-1659-023 Filet): 303597 VERIFICATION Daniel Edward, hereby states that�che is Vice President Loan Documentation Of WELLS FARGO BANK,N.A.,mortgage servicing agent for plaintiff in this matter that &he is authorized to make this Verification,and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best o tiler information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Further,due to its mortgage servicing agency relationship with plaintiff, WELLS FARGO BANK, N.A. is in possession and control of all documents and records supporting the statements in the foregoing pleading and,therefore, the undersigned,rather than an officer or employee of plaintiff,is the appropriate individual to make this Verification pursuant to Pa.R.C.P. 1024(c). ..-C--- ) :Q - N �Daniel Edward Title: Vice President Loan Documentation Company: Wells Fargo Bank,NA. Date: 07/23/2013 085-PA-V2 File N 303697 Exhibit "B" Supreme Court of Pennsylvania Court mfCommon Pleas --- For I rothonolary (Ise Only: Ci vIII Cover Sheet _` CUMBERLAND County The infOrmation eolleetcd on this fOrm is laed solekliv court administration purposes. This form does not A upplement or replace the,filing and,Yervice of pleadings or other papers as required hy law or rides of court Commencement of Action: D Complaint O VV,i,nfSummons O Petition — _O Transfer frvm Another Jurisdiction O Declaration of Taking E Lead Plaintiffs Name: US RANK NATIONAL Lead Defèndanis Name: JEFFREY L. CARE c ASSOCIATION, AS TRUSTEE FOR THE JEFFREY CAREY T . STRUCTURED ASSET SECURFIIES CORPORATION MORTGAGE PASS-THROUGH CERTlP\C&TES I SERIES 2OO5.�K| 0 ` Are money domuAmregnr»ed? Yes Q0 No Do\\ur Amount Roqoo,md: El within urhioahon limits^~ (Check one) El outside arbitration limits Is this a Class Action Suit? [l Yes 80 No Is this an MDJ Appeal? [] Yes QQ No A — -----Nano----Plaintiff/Appellant's Attorney: D. Troy 8"Uuo. Eng, Id. No.2|o302 Phelan Balhnan. LLP -- ----- Li Cheek here if von have no aUornc (arc a Seif-Represenied [PrvSrl Litigant) _-____'_- Nature of the Case: Place an 'X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. |y you arc making more than one type n[claim, check the one that you consider most hnpo�unt. _ __ TORT(ch not include;Vass Tort) CONTRAC1[(dhx"/mx/^doJovgmrvo4 CIVIL APPEALS U Intentional O Buyer Plaintiff Administrative Agencies LJ Malicious Prosecution [] Debt Collection: Credit Card O Board o/Assessment LI Motor Vehicle El Debt Collection:Other D Board of Elections [] Nuisance O Dept. of Transportation O Premises Liability ! | [2 Statutory Appeal: Other El Product Liability(does no! include mass tort) O Employment Dispute: ~ ( US|ondur/Dbo}/Defamation Discrimination E O Other: O Employment Dispute:Other / LI Zoning Board 13 Other: �� ------- ----- � -�- - - ------- - | -__ 8 ---- --- - --- ---- | O Other: ------- ----- - � MASS TORT 0 El Asbestos -- - -�---- N Li Tobacco UloxicTod DES �--- -- -------- -- ---------� Toxic'fort Implant REAL PROPERTY MISCELLANEOUS O Toxic Waste | O Ejectment / [] Common Law/Statutory• L] Othor� OGminnotDomuin/Condmnonhvn Arbitration U Ground Rent El Declarator Judgment O Loodlo,dq'coan\ Dispute El Mandamus • Mortgage Foreclosure- Residential U Non-Domestic Kc/mions ---- Mortgage / ( Restraining �^R��FESSIK��&K. LIABILITY ' �~ Foreclosure: / O Dental U Partition O Quo YVw/mmo Lcg») / O Quiet Title . O Replevin UU/hcr OOther: LJ Medical / | [] Other Professional: --- -- � --- — Pu.R.C.P. 205.5 Updated 01/082 FORM I UN THE COURT UI' COMMON PLEAS UQ BANK NATIONAL, A980C|AllVM. AS OF CUMBERLANI)COUNTY. PENNSYLVANIA 'TRUSTEE FOR ]KE STRUCTURED ASSET SECURITIES CuKPOKAT|0NK4ORT(A0B PASS-THROUGH CERTIFICATES, SERIES 2005-AK1 ' Pkaimiffts) v«. 'JCP[KEyLCAR2Y A8K./A JEFFREY CABBY LEANNC/\KEY Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE K��V��N�� _ ' � �_ ��_ _'~^��~ ^'^��,~~ FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose you 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)2439400 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 pride 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 represertative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60)days ol'the service upon you of the foreclosure complaint. Ifyou do so and a conciliation conference is scheduled, you wi|&nvcax 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 hat a loan resolution proposal can he prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and tile uRequest for Conciliation Conference with the Court,which must be filed 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 arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISh 1'O SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED mY THIS NOTICE. THIS I'ROGRAM IS FREE. Respectfully submitted: Date D. Troy Sellars, Esq. N.No, 210302 Attorney hvPlaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Pleas Docket* � - BORROWER REQUEST FOR H/\RDS( )p ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your know\cJgc: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: Ci|y: _~ _ _ 3t�o: Zip: property for sale? Yes ( No Listing date: Price: Realtor Name: Realtor Phone: Borrower Occupied? Yes L] No I I Mailing Address (if di0eronn:___ City: State: Zip: Phone Numbers: Home: Office: ______.______ Cd|: [8bcc Email: # of people in household: Row long? _____ Mailing Address: City: __- State: Zip: ____ Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL NFU MATION First Mortgage Lender: Type of Loan: _ __~� Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary v|t Is the loan inBankruptcy? Yes n No ri if yes, provide names, location nF court, case number&, attorney: _______�_____� Assets Amount Owed: |{omc: Other Real Estate: Retirement Funds: Investments: � �__ Checking: Savings: Other: K4oddL Ycur_ ___ _ Amount owed: Value: Automobile#2: Model: Youc______ Amount owed; Valuc ___________ Other transportation ( hua[s,»otorcyo|cs1 Model: __ _��__ Year: Amount owed: Vu|ue______ _ _______ Monthly income Name of Employers: |. Monthly Gross Monthly Net Month)y Gross Monthly Net Monthly Gross Monthly 7<cx_�_____ Additional Income Description (not wages): |, monthly amount: __ �_� 2 mouth/ymnounL ___________ Borrower Pay Days: Co-Borrower Pay Days Monthly Epenscs: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortga_ge Food ri Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim, Spending Money Day/Child Carerlu it. , Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Nave you been v orking with a I lousing Counseling Agency? Yes r] No Fl |[yes, please provide tie hollowing information: Counseling Agency: Counselor: Phone \oo): Fax: Email: have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes NoJ If yes, please indicate the status of the application; Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency'? Yes No If yes, please indicate the status of those negotiations; Please provide the following information, if'known, regarding your lender and lender's loan servicing company: Lender's Contact (Name); Phone: Servicing Company(Name): Contact: Phone: l/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 Uwe am/are under no obligation to use the counseling 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: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX: 215-568-7616 Email: complaints4,)fedphe.com August 29, 2013 Representing Lenders in Pennsylvania Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR 1 vs. JEFFREY L. CAREY A/K/A JEFFREY CAREY ACTION IN MORTGAGE FORN(j.OSIIRE Dear Sir/Madam: Enclosed arc an original and NUMBER copies of a Civil Action in Mortgage Foreclosure relative to the above captioned matter for filing with your office. A check for filing has been attached in the amount of$103.75. The sheriffs office advised our office on 08/29/2013 that sheriff's costs total $COST,for this file. If there is a concern regarding the costs, please contact JOE TAYLOR at Pil&S; please do not return the Complaint to our office. Please tile the Complaint and return your receipt to us in the enclosed stamped, self- addressed envelope, together with a time-stamped copy of the first page of the Complaint. I would also appreciate your taking the additional copies of the Complaint, the check for service, and the enclosed service sheet(s)to the Office of the Sheriff for service on the defendant(s). Thank you for your cooperation. Very truly yours, Phelan Hallinan, LLP COMPLAINT DEPARTMENT i( 7974'59 • Phelan Hallinan, LIT 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX: 215-568-7616 Email: complaints@fedphe.com Representing Lenders in Pennsylvania August 29, 2013 WELUND ShRVICN, MILLAGE APPROVAL To: The Sheriff's Department of CUMBERLAND County Re: Attached Service Request We recognize that service of mortgage foreclosure complaints is a difficult task as many defendants attempt to evade service. Please note that we specifically authorize OV.ERI1TME, WI I/Kr:ND SERVICE AND Mil 1/AGE for service. The sheriffs office advised our office on 08/29/2013_ that sheriffs costs total $COST for this file. If there is a concern regarding the costs, please contact JOE TAYLOR at P1 1&S; please do not return the Complaint to our office. Further, wc specifically authorize a ten ($10) dollar fax fee for the transmission of the service return to our office at the service faxline of 215-568-7616. This applies to all cases whether service has been made or not. We would appreciate this fax transmission within 24 hours of the service return completion. Please call Francis S. Hallinan with any questions or requests you may have. Thank you for your efforts. Phelan liallinan, I IP COMPLAINT DEPARTMENT 7)-7.4f,"9 US BANK NAT)ONAL ASSOCIATION, /\8 : CIVIL DIVISION TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE : NO.: }]-4470'C/Y|i P&S3'TUR{)OGB CERTIFICATES, SERIES 20O5'AR1 C/O WELLS FAK(0BANK. N.A. 3476M/\TBV!GW BOULEVARD FORT MILL, SC 29715 Plaintiff. vs. .JEFFREY LC&REY A/K/A JEFFREY CAREY LEANNCA8CY 251K1C8LLASTCR CHURCH ROAD CARLISLE, PA 17015'9504 Defendants. NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may 'be entered against you by the Court vvithout further notice for any money claimed in the Complaint or for any other claim or relict'requested by the plaintiff. You may lose money or property or other rights important to YOU. • YOU SHOUI„,,,D TAKE TU|S PAPER TO YOUR LAWYER Al' ONCE. IF YOU DO NO F I IAVF A LAWYER, GO '10 OR TELEPI IOE TI IF OFFICE SET FORTH BELOW. lll[S OFFICE CAN PROVIDE YOU Y/|TH INFORMATION ABOUT U{0NGALAWYER. l[ YOU CANNOT AFFORD IO A LAWYER, TI IFS OFFiCE MAY BE ABLE. TO PROVIDE YOU WITH lNPOLlMN[|UN ABOUT AGENCIES TUAT MAY OFFER LEGAL SERVICES l'0 ELIGIBLE PERSONS /\I /\ REDUCED FEE O[lNOFEE. CUMBERLAND COUNTY ATTORNEY REFERRAL ('Uv1UER1,ANL)COUNTY BAR ASSOC1A1 ION CUMBERLAND COUNTY COOKT}0U5C 2 LIBERTY AVENUE, CARLISLE, PA }70{3 (717)249'3166 (800) 990-9108 in,x r�r��n PHELAN HALLINAN. LLP ATTORNEY FOR PLAINTIFF D. Troy Sellars, Esq., Id. No.210302 126 Locust St Harrisburg, PA 17101 Troy.Sellars@phelanhallinan.coin 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND C01.:NTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE. FOR'FE EL STRUCTURED ASSET CIVIL DIVISION SECURITIES CORPORATION MORTGAGE PASS- IROUGH CERTIFICATES, SERIES 2005-ARI NO.: 13-4470-MIL C/O WELLS FARGO BANK, N.A. 3476 STATEVIEW 1301jI.EVARD FORT MILL, SC 29715 Plaintiff, vs. JEFFREY L. CAREY AWA JEFFREY CAREY LEANN CAREY 251 MCALLISTER CI IURCII ROAD CARLISLE, PA 17015-9504 Defendants CIVIL ACTION — AMENDED COMPLAINT IN MORTGAGE FORECLOSURE And now cones IjS BANK NATIONAL ASSOCIATION, AS '1RUSTEE FOR TE-IE STRUGFURED ASSET SECLRIIIES CORPORATION MORI GAGE PASS-T1IROUGH 062-PA-V3 , •- - _, CER1IFI('A'1ES, SERIES 2005-AR I, by its attorneys, Phelan Hallinan, LLP and files this Amended Complaint in Mortgage Foreclosure as 161 lows: 1, 'the Plaintiff' is 1.TS BANK NAI IONAL ASSOCIATION, AS TRUSTEE FOR II 1E STRI lc-Fula:1) ASSET SECURITIES CORPORATION MORTGAGE; PASS- IROUGI I CERTIFICATES, SERIES 2005-AR], C/0 WELLS FARGO BANK, N.A., 3476 STATEVIEW BOU1,EVARD, FORT MILL, SC 29715 (hereinafter "plaintiff). 2. The Defendants, JEFFREY L. CAREY A/K/A JEFFREY CAREY and LE,ANN CAREY, are individuals whose last known address arc 251 MCALLISTER CHURCH ROAD, CARLISLE. PA 17015-9504. 3. US BANK NATIONAL ASSOCIATION, AS IR USTEE FOR TI IE STRUC'TURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-ARI, directly or through an agent, has possession of the Promissory Note. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR 'flIE STRUCTURED ASSET SECI:RITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR! is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed, A true and correct copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about June 18, 2005, JEFFREY 1,, CAREY and LEANN CAREY made, executed and delivered to ARGENT MORTGAGE COMPANY, LLC. a Mortgage in the original principal amount of 5148,500.00 on the premises described in the legal description marked Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Book 1913, Page 978. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. • 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded February 12, 2013, the mortgage was assigned to US BANK NATIONAL ASSOCIATION,AS TRUSTEE I-T.,)R THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- ThROUGH cERTHicATEs, SERIES 2005-AR1 which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201304795. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents arc of public record. 6. JEFFREY 1.. CAREY A/K/A JEFFREY CAREY and LEANN CAREY are record and real owners of the aforesaid mortgaged premises. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due February 1, 2011. As of 09/04/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $165,210.92 Interest $ 26, 515.07 01/01/20 1 I through 09/04/2013 Late Cho rges $ 644.76 Property Inspections 60.00 Escrow Deficit $ 7,391.63 Corporate Advance 'redit $ (125.00) TOT/ L 199,697.38 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. t'72-PA-V 3 9, Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not, seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$199,697.38, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: Date: D. Troy Sellars, Esq., Id. No.210302 Attorney for Plaintiff 062-PA- . 'VERIFICATION � �� Jnuuuio McLean, hereby states that he! is Vice President Loan Documentation of 40 'WELLS FARGO BANK, N.A., mortgage servicing agent for plaintiff in this matter that he 'he is 'authorized to make this Verification, and verify that the statements made in the foregoing Amended Civil Action in Mortgage Foreclosure are true and correct to the best nf his 8ny� information and belief. The undersigned understands that this statement is made subject to the penalties a 18 Pa, C.S. Sec, 4904 relating to unsworn falsification to authorities, Further, duc to its mortgage servicing agency relationship with plaintiff, WELLS FARO{) BANK, N.A. is in possession and control n[all documents and records supporting the statements in the foregoing pleading and, therefore, the undersigned, rather iboouunOicernr employee of plaintiff is the appropriate individual to make this \/edfiuo6oupursuant io Pa.K.C.P. |R24'u). ,'rl, jr ) t ') __ ~ N.,oe: ]usmioMcLean 'title: 'Vice President I'oan Documentation oy: \VcJb Fargo Bank,}{.& Dale, 09/05i2013 Fi|�� 7974�9 O85-��-V2 Exhibit "C" 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 x 1360 Fax (717) 234-1959 Email: troy.sellars @phelanhallinan.com D. Troy Sellars, Esquire Representing Lenders in Pennsylvania* November 8, 2013 Leann Carey 251 McAllister Church Road Carlisle, PA 17015-9504 RE: U.S. Bank National Association v. Jeffrey L. Carey alk/a Jeffrey Carey, et al. Cumberland County CCP, No. 13-4470-Civil Dear Mrs. Carey: Enclosed please find Plaintiffs Motion for Leave to Amend Complaint, Memorandum of Law, Rule Returnable, proposed Order, Certification of Service and all attached Exhibits relative to the above-referenced matter for your review. Pursuant to the Local Rules of Court in Cumberland County, we would like to know if you concur or intend to oppose the Motion. Please contact us by no later than November 15, 2013. If you do not respond, we will file the Motion on November 18, 2013, and indicate you did not concur. D. Troy Ullars, Esquire DTS/sec Enclosures *This firm is a debt collector attempting to collect a debt.Any information received will be used for that purpose.If you h previously received a discharge in bankruptcy and this debt was not reaffirmed,this correspondence is not and should not construed to be an attempt to collect a debt,but only enforcement of a lien against property. 797459 "rr rr r.rt 7 L r;•Ir cr° re 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 x 1360 Fax (717) 234-1959 Email: troy.sellars @phelanhallinan.com D. Troy Sellars, Esquire Representing Lenders in Pennsylvania* November 8, 2013 Jeffrey L. Carey a/k/a Jeffrey Carey 251 McAllister Church Road Carlisle, PA 17015-9504 RE: U.S. Bank National Association v. Jeffrey L. Carey a/k/a Jeffrey Carey, et al. Cumberland County CCP,No. 13-4470-Civil Dear Mr. Carey: Enclosed please find Plaintiffs Motion for Leave to Amend Complaint, Memorandum of Law, Rule Returnable, proposed Order, Certification of Service and all attached Exhibits relative to the above-referenced matter for your review. Pursuant to the Local Rules of Court in Cumberland County, we would like to know if you concur or intend to oppose the Motion. Please contact us by no later than November 15, 2013. If you do not respond, we will file the Motion on November 18, 2013, and indicate you did not concur. Very truly your D. Troy S�lars, squire DTS/sec Enclosures *This firm is a debt collector attempting to collect a debt.Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed,this correspondence is not and should not be construed to be an attempt to collect a debt,but only enforcement of a lien against property. 797459 ///E�� t' 2J'3NOV 19 PH 1: t7 CUMBERLAND COUN T PE NSYLVAD. IA. PHELAN HALLIN LA RS,ESQUIRE LLP TROY SE for Plaintiff By:D• 210302 Attorney Harrisburg,Identification t Street 126 Locust PA. 57101 COMMON PLEAS 5637000 x 1360 TRUSTEE 215 563- COURT OF NATIONAL ASSOCITSECURITIEs US BANK KNATICTUREU ASSET SS-THROUGH CIVIL DIVISION FORTIFIC MORTGAGE 005AR1 CORPORATION SERIES TERM CERTIFICATES BANK,N.A. CIVIL GO WELLS FARGO NO. 13'4`170_ B BOULEVARD 3476 STATE-VIEW SC 29115 CUMBERLAND COUNTY FORT MILL, plaintiff, vs. y CAREy JEFFREY L. CAREY AIWA JEFFREY LEANN CAREY URCK ROAD 251 MCALLPA170 5 9504 CARLISLE, Defendants. SERVICE CERTIFICATION OF f plaintiff s Motion for Leave hed AM-ell correct copies o proposed Order,and al that true and able, I hereby certify of Law,Rule Return Complaint, on thef following b regular mail sent on the date indicated below; were served on the following y Jeffrey L. Carey allda Jeffrey Carey Leann Carey Road 251 MCAlhste7015 9504 Carlisle,P .., BY: i' Esquire I B Troy S'#1 ars,E 9 �lC! pe for Plaintiff DATE: Attor Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES COURT OF COMMON PLEAS CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 CIVIL DIVISION CIO WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD TERM FORT MILL, SC 29715 Plaintiff, NO. 13-4470-CIVIL VS. CUMBERLAND COUNTY JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 Defendants, ORDER AND NOW,this Z/ day of AV 0'0 , 2013, upon consideration of Plaintiff's Motion for Leave to Amend Complaint and Defendants' response thereto,if any, it is hereby: ORDERED and DECREED that Plaintiff's Motion is granted; and ORDERED and DECREED that Plaintiff shall serve the Amended Complaint, attached hereto as Exhibit`B"to the Motion, on the Defendants. BY T OURT: • xz 1�4 J. 31 t LwL ! C_— `= J . r' s, . X.- y 797459 Hr PLANsy --Way LVAN1A PHELAN HAI ELNAN, LLP ATTORNEY FOR PLAINTIFF D. Troy Sellars, Esq., Id. No.210302 126 Locust St Harrisburg, PA 17101 Troy.Sellarsgphelanhallinan.corn 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS RUSTLE FOR'[HE STRUCTURED ASSF:f CIVIL DIVISION SECURITIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-AR! NO.: 13-4470-CIVIL C/O WELLS FARGO BANK, N.A. 3476 STATE VIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 Defendants, CIVIL ACTION -AMENDED COM II Al rsir IN MORTGAGE FORECLOSURE And now comes US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR WE STRUCTURE!) ASSET SECURITIES CORPORATION MORTGAGE PASS-TI IROUGI 062-PA-V3 CERTIFICATES, SERIES 2005-ARI, by its attorneys, Phelan Ha Milan, LLP and files this Amended Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-AR1, C/O WELLS FARGO BANK, N.A., 3476 STATE VIEW.BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendants, JEFFREY L. CAREY A/K.IA JEFFREY CAREY and LEANN CAREY, are individuals whose last known address are 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504. 3, US BANK. NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGII CERTIFICATES, SERIES 2005-AR1, directly or through an agent, has possession of the Promissory Note. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR 1 is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof 4. On or about June 18, 2005, JEFFREY L. CAREY and LEANN CAREY made, executed and delivered to ARGENT MORTGAGE COMPANY, LLC. a Mortgage in the original principal amount of $148,500.00 on the premises described in the legal description marked Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Book 1913, Page 978. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 062-PA.-\/3 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded February 12, 2013, the mortgage was assigned to US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- TT:IROUGH CERTIFICATES, SERIES 2005-AR1 which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201304795. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record, 6. JEFFREY L. CAREY A/K/A JEFFREY CAREY and LEANN CAREY are record and real owners of the aforesaid mortgaged premises. 7. :Defendants arc in default under the terms of the aforesaid Mortgage for, inter alia, .failure to pay the monthly installments of principal and interest due February 1, 2011. 8. As of 09/04/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $165,210.92 Interest $ 26,515.07 01/01/201 I through 09/04/2013 Late Charges $ 644.76 Property Inspections 60.00 Escrow Deficit $ 7,391.63 Corporate Advance Credit $ (125.00) TOTAL $199,697.38 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff including but not limited to, costs (including escrow advances) and Plaintiffs attorneys' fees and expenses. Plaintiff reserves the right to tile a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 062-P A-V3 9. Notice of Intention to Foreclose as set firth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This is an in rem action oniy against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. lfDe1eodnut(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the n/nountduc of$199,697.38' with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. �� By: °�^' Date: l). Troy SuUae<, Cxq, Id. No210302 Attorney for Plaintiff u62-PA-v3 VERIFICATION AMENDED Jasmin McLean, hereby states that he/ he is Vice President Loan Documentation of WELLS FARGO BANK, N.A., mortgage servicing agent for plaintiff in this matter that he/16)s authorized to make this Verification, and verify that the statements made in the foregoing Amended Civil Action in Mortgage Foreclosure are true and correct to the best of his i information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. Further, due to its mortgage servicing agency relationship with plaintiff, WELLS FARGO BANK,N.A. is in possession and control of all documents and records supporting the statements in the foregoing pleading and,therefore, the undersigned, rather than an officer or employee of plaintiff, is the appropriate individual to make this Verification pursuant to Pa.R.C.P. 1024(c). 4 Na,, ,, Jasmin McLean Title: Vice President Loan Documentation Company: Wells Fargo Bank,N.A. Date: 09/05/2013 085-PA-V2 File# 797459 Exhibit "A" • Alit Number: 0081676074-9604 ADJUSTABLE RATE NOTE (LIBOR Index-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. THIS LOAN HAS A PREPAYMENT PENALTY PROVISION. June 18,2005 White Plains NY (Date) 1state; 251 MCALLISTER CHURCH ROAD,CARLISLE, PA 17013 'Property Address) 1,BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S.$ 148,500.00 (this amount is called"principal"),plus interest,to the order of the Lender. The Lender is Argent Mortgage Company,LLC . I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 6.900 °/.. This interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B)of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month I will make my monthly payments on the first day of each month beginning on August 1, 2005 I will make these payments every month untii I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If,on July 1, 2035 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the maturity date, I will make my payments at: 505 City Parkway West,Suite 100, Orange,CA 92868 or at a different place if required by the Note Holder. (8)Amount of My Initial Monthly Payments Each of my Initial monthly payments will be in the amount of U.S.$978.03 This amount may change. (C)Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Fielder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of lies Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A)Change Dates The interest rate I will pay may change on the first day of July, 2007 , and on that day every sixth month thereafter. Each date on which ray interest rate could change Is called a"Change Date." (B)The Index Beginning with the first Change Date, my interest rate will be based on an Index. The"Index"is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before the Change Date is called the"Current Index." If at any point in time the Index is no longer available,the Note Holder will choose a new index that is based upon comparable information, The Note Holder will give me notice of this choice. (C)Calculation of Changes Before each Change Date,the Note Holder will calculate my new interest rate by adding six percentage point(s) 6.000 %)to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eight of one percent (0.125%). Subject to the limits slated in Section 4(D)below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe al the Change Date in full on the Maturity Dale at my new interest rate in suastantlally equal payments. The result of this calculation will be the new amount of my monthly payment 201.IPP (HMI 1 of 3 0E0 05 2:1514 PM i E • •oan Number: 0081676074-9604 (D)Limits on Interest Rate Changer. The interest rat urn required to pay at the first Change Date will not be greater than 8.900 % or less than 6.900't . llioreafter, my interest rate wit novel be increased or decreased on any single Change Dale by more :hen One pereenteue polnes)1.000%)from the rate of Interest I have been paying for the preceding six months. My intei est rate will never he greeter men 12.900%or less than 6.900%. (E)Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in ray interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding !he notice. 5, PREPAYMENT PRIVILEGE I may repay all or any part of the principal balance of this Note in accordance with the terms of this Section. A "prepayment is any amount that I pay in excess of my regularly scheduled payments of principal and interest that tno Lender will apply to reduce the outstanding principal balance on this No in accordance with this Section. (A)Prepayment Made Two(2.00)year(s)After the Date of this Note I will not have to pay a prepayment charge if I make a prepayment on the Two(2.00)year anniversary of the date this Note is executed,or at any time thereafter, (13)Prepayment Made Within Two(2,00)year(s)of the Dote of this Note it the original principal balance of my loan exceeds Se0,000.00. I will pay Lender a prepuyment charge if. in any twelve(12)month period before the Two(2.00)year anniversary of the date this Note is executed, I prepay more then 20%of the original principal balance of this Note. The prepayment charge will be six(6)months interest.at the rate then in effect on this Note, on the amount in excess of 20%of the original principal balance that I prepay within such 12 month period. (C)Application of Funds I agree that when I indicate in writing that I am making a prepayment,the Lender shall apply funds it receives first to pay any prepayment charge and next in accordance with the order of application of payments set forth in Section 2 of the Security Instrument. (D)Monthly Payments If I make a prepayment of an amount less than the amount needed to completely repay all amounts due under this Note and Security Instrument, my regularly scheduled payments of principal and interest will not change as a result. 6. LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest or other loan charges collected or to be collected 0 connection with this loan exceed the permitted limits, then:(i)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(ii)any sums already collected from me which exceeded permitted limits will be refundeo to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces the principal,the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charges for Overdue Payment If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days alter the dale it is due,I will pay a late charge to the Note Holder. The amount of the charge will be 6.000%of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. (c) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that ft co not pay the overdue amount by a certain date,the Note Holder may require me to pay Immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. The date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time when I am In default, the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right 10 do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example,reasonabie attorneys'fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering It or by mailing it by first class mail to me at the Properly Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address If I am given notice of that different address ? .. Obilli,-90`,a PM o i I i • 3 . . . • e en Number: 0081676074-9604 9, OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note Is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor,surety or endorser of this Note, Is also obligated to keep all of the promises made in This Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note 10, WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations In some jurisdictions. In addition,to the protections given to the Note Holder under this Note,A Morgago,Deed of Trust or Security Deed(the"Security Instrument"),dated the same as this Note, protects the Note Holder front possible losses which might result if I do not keep the promises that I make in this Note That the Security Instrument describes how and under what conditions I may be required to make Immediate payment in full of all amounts I owe under this Note, Some of those conditions are described as follows Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without the Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if:(a) Borrower causes to be submitted to lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee,and(b)Lender reasonable determines that Lender's security will not he impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition of Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower wit continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or 'nailed within which the Borrower must pay all sums secured by This Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Oral agreements, promises or commitments to lend money,extend credit,or forbear from enforcing repayment of a debt, including promises to extend, modify, renew or waive such debt, are not enforceable. This written agreement contains all the terms the Borrower(s) and the Lender have agreed to. Any subsequent agreement between us regarding this Note or the instrument which secures this Note, must be in a signed writing to be legally enforceable. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. r Bo r ow �! ,F �A�EY Bo fe $ LEANN CAREY (Seal (Seal) _..--- Borrower hi�t rUw r i PAY TO THE ORDER OF WITHOUT RECOURSE ARGENT MONT lyit,COMPANY,LLC SAM MA Olin • ' ID• ' f M -,i ct il`rc HA "SON c'T Ilk I i r f ., ,' �.. • • Exhibit `B" - ---_ '-__--_~---._--_ -- --~_ _ ' + LEGAL DESCRIPTION ALL ]-H/\T CERTAIN tract of land with the Improvements thereon erected, situate in the Township of West Permsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGiNNING at a point in the center of the Public Road leading from the Carlisle- Newville Road to Greeson; thence along property now or formerly of Charles F. Nelson and wife, South 84 degrees 45 minutes East a distance of 535 feet to a post; thence by same, South 57 degrccs30 minutes East u distance of2|9.8 feet to a stake at three Locust Trees; thence along lands now or formerly of Lawrence }]oh*dig' South 42 degrees West a distance of 33 feet to a stake; ihence by same, North 56 degrees 45 minutes West a distance of 141.66 feet to a stake; thence by same, North 79 degrees 15 minutes West a distance of 102.35 feet to a point in the center of the Public Road above described, thence by center of the above Public Road,'North 5 degrees 30 minutes Last a distance of 50.84 feet to a point, the place of BEGINNING. THE forgoing description is in accordance with a survey made by T. Elliot Middleton, a registered surveyor, March 27, 1947. PROPERTY ADDRESS: 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015- 9504 PARCEL #46-19-1659-023 File P: 7971.59 ' . FORM I IN TilE COURT OF COMMON PLEAS OS BANK N8DONALAS50CK\I\ON. &5 0F CUMBERLAND COUNTY,v£NNSYLV&NN1 TROsTEE FOR THE STRUCTURED ASSET SECURITiES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES co � —•••• °r'� 2005-AK1 � �c'~ mo �:c� Plaintiff(s) u, ~n 's. 37 :74 �c-- 72: c��' � JEFFREY L. --c� ^. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE � ``^ � �~�~~ ^�� ~�� ' � �' �� DIVERSION 'PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender, If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty (20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)2439400 extension 25l0n,(80O) 822'5288 extension 25lU and request appointment nfu legal representative at_nochmgntoyuu. Once you have been appointed a legal repr sentative,you must promptly meet with that legal representative within twenty (20)days of the appointment date. During that meeting,you must prwide 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 represeitative will prepare and a Request for Conciliation Confer ucuwNhd'cCoun, =hidhmoxtbr0odwithdbeCoonvithinniuy(6V)dnyao[dhu service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you °i|lhovcun 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 hat 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 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 arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date D. Troy Sellars, Boq, \d.2l0]O2 Attorney for Plaintiff - - - 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 counseling agency. Please provide the following information to the best of your knowledge: CU6TOMEQDg411WMM' aPPL1CANT Borrower name(s): _____ Property Address: City: -------------- __ State: _ Zip: Is the property for sale? Yes ri No | Listing date: ________yricc: $ Kuo(NrNnmc: R�u��orPhnno� Borrower Occupied? Yes No r --- -- ---- Mailing Address (if different): City: State: : � Phone Num bom; Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: _ Phone Numbers: Home: Office: Cell: Other: # of people in household: _-_ _ Flow long? - -- -- - ---- First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: __�_ Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes& Insurance: Dale o[|.xx{ Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes r1 No T 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#l: 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: l, Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 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 I Murtgagc Utilities Car Pavmcnt(s) I Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other .ro.. ayment Install. Loan Payment Cable TV Child Support/AIim_ Spending Money Day/Child Care/Tuit. I Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes [ I No I If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: . ..„. , Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes 11 No D If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes No If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company (Name): Contact: Phone: 1/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 1/we am/are under no obligation to use the counseling 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: 1. .Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) D8 BANK NATIONAL ASSOCIATION,/\S : CIVIL DIVISION TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE : N0.: |J'4470'ClVIL PASS 1 IIROU(il I (I Ri II I(Al FS SLRILS 2005'/\K1 C/O WELLS y&RG0 BANK, N.&. 3476 STATEVIEW BOULEVARD FORT MILL, SC297|5 Plaintiff, vs. JEFFREY L. CAREY A/K/A JEFFREY CAREY L[&NMCAK[Y 251 MCALLISTER CHURCH ROAD CARLISLE, P/\ |70|5-9504 Defendants. NOTICE You have been sued in Court. It'you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice arc served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set !hrth against you, You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 'MIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 PHELAN HALLINAN, LLP BY: D. TROY SELLARS, ESQUIRE ATTORNEY FOR PLAINTIFF Identification No.: 210302 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 1360 US BANK NATIONAL ASSOCIATION,AS COURT OF COMMON PLEAS TRUSTEE FOR THE STRUCTURED ASSET CUMBERLAND COUNTY,PENNA. SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES Civil Division 2005-AR1 C/O WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD No. 2013-4470-CIVIL FORT MILL, SC 29715, Plaintiff vs. ^: —.J.-a. .k; ... JEFFREY L. CAREY A/K/A JEFFREY CAREY - c. ' LEANN CAREY =c; 251 McALLISTER CHURCH ROAD _C", CARLISLE,PA 17015-9504, 5 r? Defendants • --r ' N CERTIFICATION OF SERVICE I hereby certify a true and correct time-stamped copy of Plaintiff's Amended Complaint filed January 30, 2014, was served via certified and regular mail on February 07, 2014, on the persons at the addresses listed below: JEFFREY L. CAREY JEFFREY L. CAREY A/K/A JEFFREY CAREY, PRO SE AND A/K/A JEFFREY CAREY, PRO SE AND LEANN CAREY, PRO SE LEANN CAREY, PRO SE 251 McALLISTER CHURCH ROAD 2421 SE WEST BLACKWELL DRIVE CARLISLE, !111 PA 17015-9504 PORT SSAIN L CIE, FL 34952-7366 DATE: Q D. Troy&ellars, Esquire Attorney for Plaintiff PHS#797459 • 4 r. P PI.,AI)\ I AFFIDAVIT OF SERVICE tJ1tilIII RI ANI)COtil�"I`i, ' `pJlO7, 'L i• STRUC URi)Asst l'ASSOCIATION,C SS ORPORA�i ON FOR THE PUU 41 797459 211 Pear ' � f1) MORTGAGE PASS-1HROIJ('..H CFR1'.H ICATI S,SERIES 2005- Y AII'I CU BERL IQ. r31 DEFENDANT SERVICE TEAM/do t I 1 111 V L.CAREY A/K/A JEFFREY CARIn' COURT:NO.:13,4470-CP IcNNS yL 0q Q1pi .Y SERVE JEFFREY L.CAREY A/K/A JEFFREY CAREY ATr. TYPE OF ACTION 2423 SE WEST BLACKWl LI;.DR XX Mnrt,gage Foreclosure I'OR`I'SAINT LUCIE.FL 34952-7366 XX"Civil Action SERVED (`/ Sc and made known to :JEFFREY L. CART Y A/K/A JEFFREY CAREY. Defendant on the d� dny of Fez0 0 at n ,211,a l' ,N,c•'clock .M:.at A;in the manner.Ies tit)ed below clendant personally served. k f•,114 11 D port s 'e#l'' „ Adult•family mein is•w I mt e t. r s c ety. i 12clatiouslti,p i. Lk r.1 ,Adult in charge of Defendant's residence who -et us-d to give name or relationship. Manager/Clerk of place of lodging in which Dcfendarrt.(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's conipany, Other: 4. 1.I)cccC tiou: Age [it iglu_ 4 eight R tae . Sex y Outer it iF • i i' l� A I, Iri ,a competent adult,being duly sworn according to depose at state that I 1 tsonally ril handed a true and c wreel copy of the foreclosure Complaint in the•tnanner ,.:.sel forth herein.i' sued in 'plioncd case on the date an at the a dm' h Ii -11q,,-1-i i I . 1 Swr)rn to'and subehribed 4 1. �1t� bef.. , his 1V !iv - BROOK BUT() li i of Ile .20 1 `; „-')►rY` Notary Public.State of Flbrlde x+111.. ,ttl„#�e�, . MY COMMISSION ttEEi4i081 �.-ter.. Notary: - , <„;'*' EXPIRES Fehr,,[ #tr IA: QIAn', I if, 0 / i On the day of .20,_ ,,at o'clock_.M..I, . npctei tit hereby state tlrtt. Defendant NOT FOONI)because: Vacant Does.Not Exist: Moved. Does esidc_CNnJ Vticant) _�.-._-.__. No Answer on at nt _Service Refused 2301 Orange Avenue Other: Fort Pierce,FL 34950 Sworn to and subscribed 772-460-6679 before me this day of .20L.. By: Notary: ATTORNEY PLAINTIFF Chrisov:ilante P.Flinkos,Esq.,Id.No.94620 Lawrence T.Phelan.Esq.. No.32227 Court cnny R.Dunn,Esq..Id,No,206779 Francis S.Hainan,Esq-k:Nn.62695 Mario J.13anyon,Esq.,Id.No.203993 Daniel G.Schmie. .Esq.,id:No,62205 John M.Kolesnik,Lisq..1d.No.308877 Michelc M.Bradford.Esq.,Id.No.69849 Matthew G.'1Jrishwood.Esq..Id,No.310592 Judith T.Romano,Esq.,Id.No,58745 Zachary.).Jones,Esq.,Id.No.31 0721 Janine R.Davey.Esq..Id.No.87077 Justin F.Koheski,Esq.,Id.No.200392 Lauren R.Tab as.Esq..Id.No.93337 Adam Davis.Esq.,Id.No,203034 Jay 13.Jones,'Esq.,Id.No.$6657 Joseph E.Defiarbcrie.Esq.,Id.No.31542I Andrew L.Spivack,'Esq.,W.No..84439 EMII..Y M.PHELAN,Esq.,Id.No.3.1.5250 One Penn Center at.Suburban Station 1617 Jahn F.Kennedy Blvd., Suite 1400. Nirritii irg Process Server Check List If Service Is Made : Spouses Names if= Applicable Wife : Husband : Divorced: Yes ( No No . .„ . Service N144 I . Vacant : Yes ( No 2 . Is there a name on the mailbox? Is ..Lt the defendants? 3 . Neighbor Contact : Yes ( No ( Left Side : Right Side :_ ... 4 . For Salle Sign : Yes No ( Realtor Name : Company Name : Phone Number: 5 . Car in Drive Way Yes ( No ( Plate Number : 11 3 f AFFIDAVIT OF SERVICE r , }j � ' IC:- , 1 PLAINTIFF _ CUMBERLAND COUNTY rtf Q ,1 Qi US BANK NATIONAL ASSOCIATION,ASTRUSTEE'FOR THE +!, U"4 i f STRUCTURED ASSET SECURITIES S CORPORATION PH 4l 797459 2°t`I FEB MORTGAGE AGE P ASS-THROUGH CERTIFICATES,SERIES 2005- 19 iiJ 10• 31 DEFENDANT SERVICE TEAM/clo LRL.A ND f.,, r,rRi CART CAREY A/K/A 'JEFFREY FREY CAR1W COURT NO.:13-4470-Cl 4iN S YtV,�M!q y SERVE LEANN CAREY AT: TYPE OF ACTION 2421,SE WEST BLACKWELL DR XX Mortgage Foreclosure PORT SAINT LUCIE.1'L 34952-7366 XX Civil Action SERVED S and made known t. LEAN CA.RF *fendnnt on the g day of � .201 as � ,o'clock_.M..a".11 hil _ 1� ,it th manner descn tot ciow: / .t, _Defendant personally served. ip/P 1 1 I Puri (t �IA I f,, ( wii _Adult family member with whom 13efendan(s)rest e(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or.relationship. _Manager/Clerk of place of lodging in which Defendan(s)reside(s), —Agent or person in charge of Defendant's office or usual place of business. an officer of said'Defendant's company. Other: • f1 Description: Age tIHeigl 7 Weight Race\ SexF Other 1,It l 1 rt +i ,a competent adult,being duly sworn according to la depose and state that.I personally banded a true a con-eet copy of the Fbreclosurc Complaint in-the manner as et forth lb, in,issued in the ptioned case on the date and at the address indicated abo Sworn to and sut s gibed tiro. befo t. his day BRO01"1" of 20 � Holey Public.Sta10 of Merida j v IT C U..;0 Notary: By _ MY COMMISSION MEE 141081 !I tltr x;+o EXPIRES FilibroRtit*f( 6 On the day_of .20_,nt_o'clock .M.,1, .a competent adult here∎y stale that. DefendarROT FOUND because: _,Vacant _Does Not Exist ,Moved —Does Not.Reside(Not Vacrant)._._,._ _ _...._.. No Answer on at , - at Service Refused 2301. Orange Avenue Other. Fort Pierce, FL 34950 Sworn to and subscribed 772-460-6679 before me this day of .20� 'By: Notary ATTORNEY FOR PLAINTIFF Chrisovaiantc P,F1iakos,Esq..Id.No.94620 Lawrence T.Phelan,Esq..Id.No.32227 Courtcnny R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan.Esq.,id.No.62695 Mario J.Hanyon.Esq.,Id.No.203993 Daniel G.Schmieg.Esq.,Id.No.62205 John M.Kolesnik,Esq..Id,No.308877 'Michele M.Bradford,Esq.,Id.No.69849 Matthew G.Brushwood,Esq.,Id.No.310592 Judith T.Romano,Esq.,Id.No.58745 Zachary J.Jones,Esq.,td.No.310721 Jenine R.Davey,Esq.,Id.No.87077 Justin F.Kobeski.E.sq.,td.No.200392 Lauren R.Tabas,Esq.,Id.No.93337 Adam Davis,Esq.,Id.No.2030 34 Jay II.Jones.l?sc..Id.No.86657 Joseph E.DeBancerie.Esq..Id.No.315421 Andrew L.Spivnek,Esq.,Id.'No.84439 EMILY M.l'HELAN,Esq..Id.No.315250 One:Penn Center at Suburban Station 1 617 John E.Kennedy Blvd., Suite 1400 t -1 AFFIDAVIT OF SERVICE . '' PLAINTIFF CUMBERLAND COUNTY US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION PH#797459 MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2005- G ARI I.-, -31 DEFENDANT SERVICE TEAM/do ' JEFFREY L.CAREY A/K/A JEFFREY CAREY COURT NO.:13-4470-CIVIL 5 , �"`-`• LEANN CAREY t; -r'i r'n "" SERVE JEFFREY L.CAREY A/K/A JEFFREY CAREY AT: TYPE OF ACTION F,t ;V p 2421 SE WEST BLACKWELL DR XX Mortgage Foreclosure PORT SAINT LUCIE,FL 34952-7366 XX Civil Action lip 73. cp-ri SERVED z 6- r._ e D Se and made known to JEFFREY L. CAREY A/K/A JEFFREY CAREY, Defendant on the D ay r 20 at 'clock r.M.,at 41 /A ' 01 a manner described below:.ri Aefendant personally served. i 1t V,:1.9t1 D1, �`6I &t i to C ei F 3q�( dult family membe w' m Ma. t r s •e ).Relationship i4d ��. r I . _Adult in charge of Defendant's residence who eIfus-d to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: rr e� �j \/� Descr'•lion: Age Height ' 7 / Weight, {� Race r 1P Sex r Other / / l I,147 IF IF A �l ,a competent adult,being duly sworn according to : ,depose an state that I s-rsonally handed a true and c•n-ect copy of the Foreclosure Complaint in the manner .'set forth herein,i ued i :ptioned case on the date an. at the a.dres i .•i .ted .. � AlSworn to and sus.• ibed ■ I �'_ ______ ;,'l.�i, befq9• is 1� ��a 45,y,, BROOK BUTO of 1 ,20 '1 Notary Public,State of Florida ,� ®_ Note_�., MY COMMISSION#EE 141081 ``�► ,1j r ''r EXPIRES Febr gy.kc Q1 )I, f� , �Fp) ) J if bu- `0 On the day of ,20_,at o'clock_.M.,I, ,a c• pete, • t h ereby state that Defendant NOT FOUND because: ff _Vacant _Does Not Exist _Moved _Does 'o 'eside(Not Vacant) _No Answer on at • at Service Refused 2301 Orange Avenue _ Other: Fort Pierce, FL 34950 Sworn to and subscribed 772460-6679 before me this day of_ ,20_. By Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Mario J.Hanyon,Esq.,Id.No.203993 Daniel G.Schmieg,Esq.,Id.No.62205 John M.Kolesnik,Esq.,Id.No.308877 Michele M.Bradford,Esq.,Id.No.69849 Matthew G.Brushwood,Esq.,Id.No.310592 Judith T.Romano,Esq.,Id.No.58745 Zachary J.Jones,Esq.,Id.No.310721 Jenine R.Davey,Esq.,Id.No.87077 Justin F.Kobeski,Esq.,Id.No.200392 Lauren R.Tabas,Esq.,Id.No.93337 Adam Davis,Esq.,Id.No.203034 Jay B.Jones,Esq.,Id.No.86657 Joseph E.DeBarberie,Esq.,Id.No.315421 Andrew L.Spivack,Esq.,Id.No.84439 EMILY M.PHELAN,Esq.,Id.No.315250 One Penn Center at Suburban Station 1617 John F.Kennedy Blvd., Suite 1400 AFFIDAVIT OF SERVICE ' ' PLAINTIFF CUMBERLAND COUNTY US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR THE u - �/y ^1 / MORTGAGE PASS-THROUGH CERTIFICATES,IC ERIES 2005- PH#797459 3/ `3t: l`R0 rHQ I,-, •- Y Z01 + I DEFENDANT SERVICE TEAM/do J 8 20 fi 10: JE FR Y L.CAREY A/K/A JEFFREY CAREY COURT NO.:13-4470-CIVIL CI town,lo /3 SERVE LEANN CAREY AT: TYPE OF ACTION ` Y�A IN , 2421 SE WEST BLACKWELL DR XX Mortgage Foreclosure 1� PORT SAINT LUCIE,FL 34952-7366 XX Civil Action • SERVED i 2 S and made known I. LE•p C• ' a►i fendant on the S. day of Feb ,20 1I4 at V •' � ,o'clock_.M.,a R,�Yi1I11r�1ITii� ,i the manner described elow: r��I� nn�� nn Y/Defendant personally served. rt7 1 V,' 1 li (St L-�1C1 1 f `�1 J S 1 i, 110 _Adult family member with whom Defendant(s resi.e(s). Relationship is . _Adult in charge of Defendant's residence who refused to give name or relationship.- Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: �7 h r Description:/Age id tHeigl[7 / Weight L `J Race Sex F Other I, 1/�/�[ l'i L 1 ,a competent adult,being duly sworn according to la depose and state that I personally handed a true a correct copy of the Foreclosure Complaint in the manner as .et forth '4. ein,issued in the .ptioned case on the date and at the address indicated abo - 1. Sworn to and sus ribed 1 1111.-1 li,gi,�r befo his day of 20 fir•. BROOD MBUTO �_ iii cnt N otary Pubilc,Statte of Fteride , r Notary: By .•� ._ MY COMMISSION 11EE141081 �� IJ1� u J a� W 6 EXPIRES RafS)E1� On the day of ,20_,at_ o'clock .M.,I, ,a competent adult here.),state that Defendant NOT FOUND because: _Vacant ^Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at 2301 Orange Avenue _Service Refused g Other: Fort Pierce, FL 34950 Sworn to and subscribed 772-460-6679 before me this day of ,20 . By: Notary: ATTORNEY FOR PLAINTIFF Chiiso'valante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Mario J.Hanyon,Esq.,Id.No.203993 Daniel G.Schmieg,Esq.,Id.No.62205 John M.Kolesnik,Esq.,Id.No.308877 Michele M.Bradford,Esq.,Id.No.69849 Matthew G.Brushwood,Esq.,Id.No.310592 Judith T.Romano,Esq.,Id.No.58745 Zachary J.Jones,Esq.,Id.No.310721 Jenine R.Davey,Esq.,Id.No.87077 Justin F.Kobeski,Esq.,Id.No.200392 Lauren R.Tabas,Esq.,Id.No.93337 Adam Davis,Esq.,Id.No.203034 Jay B.Jones,Esq.,Id.No.86657 Joseph E.DeBarberie,Esq.,Id.No.315421 Andrew L.Spivack,Esq.,Id.No.84439 EMILY M.PHELAN,Esq.,Id.No.315250 One Penn Center at Suburban Station 1617 John F.Kennedy Blvd., Suite 1400 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 E THE PRO MONOIr r Attorney for Plaintiff 2014 JUL -2 AN 10: 3 CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET : SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 vs. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 13 -4470 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) JEFFREY L. CAREY A/K/A JEFFREY CAREY and LEANN CAREY 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, as amended. (b) that defendant JEFFREY L. CAREY A/K/A JEFFREY CAREY is over 18 years of age and has last known addresses at 2421 SE WEST BLACKWELL DR, PORT SAINT LUCIE, FL 34952-7366 and 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504. (c) that defendant LEANN CAREY is over 18 years of age and has last known addresses at 2421 SE WEST BLACKWELL DR, PORT SAINT LUCIE, FL 34952-7366 and 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phan Hallinan, LLP Jonathan Lobb, Esq., Id. No.3121.74 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 797459 Department of Defense Manpower Data Center Status Report Pursuant to Servic Last Name: CAREY First Name: LEANN Middle Name: Active Duty Status As Of: Jul -01-2014 semi Results as of : Jul -01-2010 D3:32:02 AM Ci Relief Act SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NAS ._ .r r No 's. NA This response reflects the inCfividuals' salve 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 duly'stalus within 367 days preceding the Active Duty Status Date The Member or His(Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA ` NA +. _ .. No NA This response reflects whether the individual or his/her unit has received early notification to report tor 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. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of : Ju1-01-2014 03:32:01 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act. Last Name: CAREY First Name: JEFFREY Middle Name: L Active Duty Status As Of: Jul -01-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA " .`"4i r . No ; '. NA This response reflects the IndMduals' 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 _ i NA This response reflects where the individual left active duty status,within 367 days preceding the Active Duty Status Date The Member or HisMer Unit Was Notified of a Futu a Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA • NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Unifor ed 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. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of :Jul -01-2014 03:47:31 AM SCRA 3.0 Status Report Pursuant to Sery ce r ers Civil. Relief Act Last Name: CAREY First Name: JEFFREY Middle Name: Active Duty Status As Of: Jul -01-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA ., No NA This response reflects the individuals' active duty status based an 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 - ii , No . .l' 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 Noted of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA.. ..NO/ ._ NA This response reflects whether the individual or his/her unit has received early notification to report for active duly 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 duly status dale as to all branches of the UniformedServices (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 ,;LED..OFFICE OF THE PROTHONOTARY PHELAN HALLINAN, LLP 2014 JUL —3 AN Jonathan Lobb, Esq., Id. No.31217LUMB RLAdt7 COUNTY 1617 JFK Boulevard, Suite 1400PEffSYLVAtdlA One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 vs. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 13 -4470 -CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JEFFREY L. CAREY A/K/A JEFFREY CAREY and LEANN CAREY, Defendant(s) for failure to file an Answer to Plaintiff's Amended Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Amended Complaint $199,697.38 TOTAL $199,697.38 I hereby certify that (1) the Defendants' last known addresses are 2421 SE WEST BLACKWELL DR, PORT SAINT LUCIE, FL 34952-7366 and 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1 %1L\ PH # 797459 athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff HONOTARY 0,0, d\uL co t4„, oiL N11/4 -131-t) 797459 Z 3o8oaa 1\Joh2e Ma&dec( PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 US BANK NATIONAL ASSOCIATION, AS . TRUSTEE FOR THE STRUCTURED ASSET : SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 vs. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION • : No. 13 -4470 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) LEANN CAREY and JEFFREY L. CAREY A/K/A JEFFREY CAREY 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, as amended. (b) that defendant JEFFREY L. CAREY A/K/A JEFFREY CAREY is over 18 years of age and has last known addresses at 2421 SE WEST BLACKWELL DR, PORT SAINT LUCIE, FL 34952-7366 and 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504. (c) that defendant LEANN CAREY is over 18 years of age and has last known addresses at 2421 SE WEST BLACKWELL DR, PORT SAINT LUCIE, FL 34952-7366 and 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phela allinan, LLP Jonas an Lobb, Esq., Id. No.3.1.2174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 797459 Department of Defense Manpower Data Center Results as of : Jul -02-2014 07:56:03 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act. Last Name: CAREY First Name: JEFFREY Middle Name: L Active Duty Status As Of: Jul -02-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA'f' .. sir"".• r t "4. No - ti.F. NA This response reflects the indhilduals' actNe duty status base on the Active Duty Status Date Left Active Duty Within 367 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA y;. NA .''*'-t'. -r No t 't NA Thls response reflects the the Individual left edfve dui), status within 367 days preceding the Active Duty Status Date The Member or HisHer Unit Was Notified of a Future Cell -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA '.NA:-.`' NA This response reflects whether the individual or his/her unit has received earty notification to report for active duty r' 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 Seivices (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. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 1(1114'n141.11:. Department of Defense Manpower Data Center Results as of : Jul -02-2014 07:56:04 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: CAREY First Name: LEANN Middle Name: Active Duty Status As Of: Jul -02-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA tur ---,. No X NA This response reflects the Individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA '�a ,. t':, -- No . s s NA This response reflects where the Individual left active duty' status wIthin'367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA, �. _ .� ..No . _ .rr NA This response reflects whethe the individuei 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. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 ii.:3176.0 (Rule of Civil Procedure No. 236) - Revised US BANK NATIONAL ASSOCIATION, CUMBERLAND COUNTY AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION : COURT OF COMMON PLEAS MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 • : CIVIL DIVISION vs. : No. 13 -4470 -CIVIL JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Notice is given that a Judgment in the above captioned matter has been entered against you on 13 I . By. If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 797459 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005 -ARI Plaintiff v. JEFFREY L. CAREY A/KJA JEFFREY CAREY LEANN CAREY Defendant(s) TO: LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 DATE OF NOTICE: //-9/itt COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -4470 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NO'I'ICI: IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 AI3LI: TO PROVI.DE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 797459 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005 -ARI Plaintiff v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendant(s) TO: LEANN CAREY 2421 SE WEST BLACKWELL DR PORT SAINT LUCIE, FL 34952-7366 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -4470 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 797459 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Jo ,f :han Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendant(s) TO: JEFFREY L. CAREY A/K/A JEFFREY CAREY 251 MCALLISTER CIIURCH ROAD CARLISLE, PA 17015-9504 DATE OF NOTICE: ((7 /Pi COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -4470 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 797459 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Joni ` an Lob ,.Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005 -ARI Plaintiff v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CA.REY Defendant(s) TO: JEFFREY L. CAREY A/K/A JEFFREY CAREY 2421 SE WEST BLACKWELL DR PORT SAINT LUCIE, FL 34952-7366 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -4470 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 797459 By: ' Jon 1 ian Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 US Bank National Association, as Trustee for The Structured Asset Securities Corporation Mortgage Pass -Through Certificates, Series 2005 -ARI Plaintiff V. Jeffrey L. Carey a/k/a Jeffrey Carey Leann Carey Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due : COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 13 -4470 -CIVIL : CUMBERLAND COUNTY $199,697.38 Interest from 07/03/2014 to Date of Sale $5,055.82 ($32.83 per diem) TOTAL $204,753.20 Note: Please attach description of property. PH # 797459 PheId Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff .01 02 (0) ut )(42(4-1-1 rrl ,O/1J 61PC -k5f LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the Improvements thereon erected, situate in the Township of West Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of the Public Road leading from the Carlisle-Newville Road to Greeson; thence along property now or formerly of Charles F. Nelson and wife, South 84 degrees 45 minutes East a distance of 53.5 feet to a post; thence by same, South 57 degrees30 minutes East a distance of 219.8 feet to a stake at three Locust Trees; thence along lands now or formerly of Lawrence Heberlig, South 42 degrees West a distance of 33 feet to a stake; thence by same, North 56 degrees 45 minutes West a distance of 141.66 feet to a stake; thence by same, North 79 degrees 15 minutes West a distance of 102.35 feet to a point in the center of the Public Road above described, thence by center of the above Public Road, North 5 degrees 30 minutes East a distance of 50.84 feet to a point, the place of BEGINNING. THE forgoing description is in accordance with a survey made by T. Elliot Middleton, a registered surveyor, March 27, 1947. T11LE TO SAID PREMISES IS VESTED IN Jeffrey L. Carey and Leann Carey, by Deed from Jeffrey L. Carey, dated 06/18/2005, recorded 07/05/2005 in Book 269, Page 3514. PREMISES BEING: 251 McAllister Church Road, Carlisle, PA 17015-9504 PARCEL NO. 46-19-1659-023 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 +LED - i Ott.r--„UFffCc r” PROrfi�rd01�1;.<<�ttorneys for Plaintiff 2014 JUL AN l : 1, , 3 CUMBERLAND COflfdTY PENNSYLVANIA US Bank National Association, as Trustee for The Structured Asset Securities Corporation Mortgage Pass -Through Certificates, Series 2005-AR1 Plaintiff v. Jeffrey L. Carey a/k/a Jeffrey Carey Leann Carey Defendant(s) CERTIFICATION : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -4470 -CIVIL . Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: PIan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff US Bank National Association, as Trustee for The Structured Asset Securities Corporation Mortgage Pass - Through Certificates, Series 2005-AR1 Plaintiff V. Jeffrey L. Carey a/k/a Jeffrey Carey Leann Carey Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -4470 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 US Bank National Association, as Trustee for The Structured Asset Securities Corporation Mortgage Pass -Through Certificates, Series 2005-AR1, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 251 McAllister Church Road, Carlisle, PA 17015-9504. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Jeffrey L. Carey a/k/a Jeffrey Carey 2421 SE West Blackwell Dr Port Saint Lucie, FL 34952-7366 Leann Carey 2421 SE West Blackwell Dr Port Saint Lucie, FL 34952-7366 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Jeffrey L. Carey a/k/a Jeffrey Carey 2421 SE West Blackwell Dr Port Saint Lucie, FL 34952-7366 Leann Carey 2421 SE West Blackwell Dr Port Saint Lucie, FL 34952-7366 C— 'f 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 (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 797459 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) Redevelopment Authority of the County of 114 North Hanover Street Cumberland Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Address (if address cannot be reasonably ascertained, please indicate) 251 McAllister Church Road Carlisle, PA 17015-9504 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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.A. § 4904 relating to unsworn falsification to authorities. Date: PH # 797459 By: Phel it Hallinan, LLP Jon than Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 US Bank National Association, as Trustee for The Structured : COURT OF COMMON PLEAS Asset Securities Corporation Mortgage Pass -Through Certificates, Series 2005-AR1 : CIVIL DIVISION Plaintiff : NO.: 13 -4470 -CIVIL vs. : Cumberland County Jeffrey L. Carey a/k/a Jeffrey Carey Leann Carey Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeffrey L. Carey a/k/a Jeffrey Carey Leann Carey 2421 SE West Blackwell Dr Port Saint Lucie, FL 34952-7366 rn x r- .e.. r r rr r—x o --rte CD �' **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORM"l 0N'OBTACI3 D WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN-13 THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,`'BUf `tiNLY1 ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 251 McAllister Church Road, Carlisle, PA 17015-9504 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $199,697.38 obtained by US Bank National Association, as Trustee for The Structured Asset Securities Corporation Mortgage Pass -Through Certificates, Series 2005-AR1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY. BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13 -4470 -CIVIL US Bank National Association, as Trustee for The Structured Asset Securities Corporation Mortgage Pass -Through Certificates, Series 2005-AR1 v. Jeffrey L. Carey a/k/a Jeffrey Carey Leann Carey owner(s) of property situate in WEST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 251 McAllister Church Road, Carlisle, PA 17015-9504 Parcel No. 46-19-1659-023 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $199,697.38 Attorneys for Plaintiff Phelan Hallinan, LLP 1 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the Improvements thereon erected, situate in the Township of West Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of the Public Road leading from the Carlisle-Newville Road to Greeson; thence along property now or formerly of Charles F. Nelson and wife, South 84 degrees 45 minutes East a distance of 53.5 feet to a post; thence by same, South 57 degrees30 minutes East a distance of 219.8 feet to a stake at three Locust Trees; thence along lands now or formerly of Lawrence Heberlig, South 42 degrees West a distance of 33 feet to a stake; thence by same, North 56 degrees 45 minutes West a distance of 141.66 feet to a stake; thence by same, North 79 degrees 15 minutes West a distance of 102.35 feet to a point in the center of the Public Road above described, thence by center of the above Public Road, North 5 degrees 30 minutes East a distance of 50.84 feet to a point, the place of BEGINNING. THE forgoing description is in accordance with a survey made by T. Elliot Middleton, a registered surveyor, March 27, 1947. TITLE TO SAID PREMISES IS VESTED IN Jeffrey L. Carey and Leann Carey, by Deed from Jeffrey L. Carey, dated 06/18/2005, recorded 07/05/2005 in Book 269, Page 3514. PREMISES BEING: 251 McAllister Church Road, Carlisle, PA 17015-9504 PARCEL NO. 46-19-1659-023 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Vs. NO 13-4470 Civil Term CIVIL ACTION — LAW JEFFREY L. CAREY a/k/a JEFFREY CAREY LEANN CAREY WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $199,697.38 L.L.: $.50 Interest FROM 7/3/2014 TO DATE OF SALE ($32.83 PER DIEM) - $5,055.82 Atty's Comm: Atty Paid: $222.31 Plaintiff Paid: Date: 7/3/14 (Seal) REQUESTING PARTY: Name: JONATHAN LOBB, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312174 Due Prothy: Other Costs: )4ft\rIns David Buell, Prot . ...; By• Deputy Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division r-) CUMBERLAND Coun4 rri No.: 13 -4470 -CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 30, 2013. 2. Judgment was entered on July 3, 2014 in the amount of $199,697.38. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 797459 1 4. The Property is listed for Sheriffs Sale on December 3, 2014. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through August 1, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Appraisal/Brokers Price Opinion Escrow Deficit $165,210.92 $35,520.15 $644.76 $2,500.00 $1,309.81 $180.00 $1.25 $450.00 $11,347.61 TOTAL $217,164.50 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 23, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 797459 2 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiff s Motion for Leave to Amend Complaint dated November 21, 2013. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan, LLP By. onat ATT 3 M. Etkowicz, Esquire RNEY FOR PLAINTIFF 797459 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -4470 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JEFFREY L. CAREY A/K/A JEFFREY CAREY and LEANN CAREY executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 797459 1 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 797459 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 797459 3 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff's Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 797459 4 Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 797459 5 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 797459 6 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 797459 7 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan : linan, LLP Jonatha . E owicz, Esquire Attorne Plaintiff 8 797459 Exhibit "A" 797459 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 OF THE PRO PROTHONOTARY 2014 JUL -3 Au u: 36 Attorney for Plaintiff CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS . CUMBERLAND COUNTY TRUSTEE FOR THE STRUCTURED ASSET : SECURITIES CORPORATION : COURT OF COMMON PLEAS MORTGAGE PASS-THROUGH ` An • CERTIFICATES, SERIES 2005-AR1 vs. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY P Pled: RFT! orIkt : No. 13 -4470 -CIVIL is 1oR jEy w 1 PRAECIPE FOR IN RE11�'p,If� j QM A URE TO ANSWER AND ASSESSMENT GES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JEFFREY L. CAREY A/K/A' JEFFREY CAREY and LEANN CAREY, Defendant(s) for failure to file an Answer to Plaintiff's Amended Complaint within 20 days from service theredf,firr1y;q�ivd sale of the mortgaged premises, and assess Plaintiff's damages as follows: ,' . orc4F• TuriN As set forth in Amended Complaint $199,697.38 TOTAL $199,69738 I hereby certify that (1) the Defendants' last known addresses are 2421 SE WEST BLACKWELL DR, PORT SAINT LUCIE, FL 34952-7366 and 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 13_14 athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH # 797459 PROTHONOTARY 797459 Exhibit "B" 797459 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania July 17, 2014 JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 2421 SE WEST BLACKWELL DR PORT SAINT LUCIE, FL 34952-7366 RE: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 v. JEFFREY L. CAREY, A/K/A JEFFREY CAREY and LEANN CAREY Premises Address: 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015 CUMBERLAND County CCP, No. 13 -4470 -CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 7/22/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. , ., Id. No.208786 for Plaintiff 797459 Name and Address Of Sender Line 2 oi4 Article Number Total Number of Piece Listed by Sender Form 3877 Facsimile Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 JOH Name of Addressee, Street, and Post Office Address JEFFREY L. CAREY LEANN CAREY 2421 SE WEST BLACKWELL DR PORT SAINT LUCIE, FL 34952-7366 JEFFREY L. CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 Postage $0.47 RE: JEFFREY L. CAREY A/K/A JEFFREY CAREY (CUMBERLAND) PH # 797459/1200 Page 1 of Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) $0.47 $0.94 The full declaration of value is required on all domestic and international registered mail. The in& for the reconstruction of nonnegotiable documents under Express Mail document reconstruction piece The maximum indemnity payable is 525,000 for registered mail, sent with optional insuraricc subject to a limit of 5300,000 per occurrence. The maximum indemnity payable on Exa .'Sa R900 5913 and S921 for limitations of coverage. w 797459 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -4470 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 2421 SE WEST BLACKWELL DR PORT SAINT LUCIE, FL 34952-7366 DATE: 712)4,7/y By: JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 Phelan Hallinan, LLP Jon AT M. Etkowicz, Esquire EY FOR PLAINTIFF 797459 N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendants AND NOW, this 21 ` day of RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -4470 -CIVIL 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 797459 onathan M. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 —IFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 2421 SE WEST BLACKWELL DR PORT SAINT LUCIE, FL 34952-7366 'eps tr&itk a7/20//z/ JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 797459 797459 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND Cou m� rn No.: 13-4470-CIVIL.i rp C —4 --t s Xs* CD cx crt MOTION TO EXTEND THE RETURN DATE ON PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff respectfully requests that the Court enter an Order granting Plaintiff s Motion to Extend the Return date on Plaintiffs Motion to Reassess Damages filed on July 24, 2014 in the above captioned matter and in support thereof avers as follows: 1. Plaintiff filed its Motion to Reassess Damages with the Court on July 24, 2014. 2. Thereafter, the Court issued a Rule to Show Cause on July 29, 2014, returnable on August 18, 2014. A true and correct copy of the Rule to Show Cause is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff respectfully requests that the Court issue a new return date so Plaintiff can provide Defendants with appropriate notice and an opportunity to respond to the Motion to Reassess Damages. 797459 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the attached proposed Order and issue a new return date on the Plaintiff's Motion to Reassess Damages. DATE: By: Jona an Lobb, Esquire ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 797459 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -4470 -CIVIL BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO EXTEND THE RETURN DATE ON PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff respectfully requests that the Court enter an Order granting Plaintiff s Motion to Extend the Return Date on Plaintiffs Motion to Reassess Damages filed on July 24, 2014 in the above captioned matter and in support thereof avers as follows: Plaintiff filed its Motion to Reassess Damages with the Court on July 24, 2014. Thereafter, the Court issued a Rule to Show Cause on July 29, 2014 returnable on August 18, 2014. Plaintiff respectfully requests that the Court issue a new return date so that Plaintiff can provide defendants with appropriate notice and an opportunity to respond to the Motion to Reassess Damages. This Court has plenary powers to administer equity according to well-settled 797459 . principles of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A.779, 116 Pa. Super.101 (1935). Moreover, it is also well settled that the Courts will lean to a liberal exercise of the power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 112 A.2d 333, 380 Pa.504 (1955). Finally, exhaustion of legal remedies is a prerequisite to the Court's exercise of its equitable powers. See 23 U. Pitt.L.Rev 547 (1961). WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the attached proposed Order and issue a new return date on the Plaintiff's Motion to Reassess Damages. DATE: Wig kr By: Phelan Hallinan, LLP Jona an Lobb, Esquire ATTORNEY FOR PLAINTIFF 797459 Exhibit "A" N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendants AND NOW, this 21. day of RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -4470 -CIVIL 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 797459 onathan onatM. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP ]61 7 .JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 rEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 2421 SE WEST BLACKWELL DR PORT SAINT LUJCIE, FL 34952-7366 Ote2 fii&tect__ 67/2c0 JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 797459 797459 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -4470 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 2421 SE WEST BLACKWELL DR PORT SAINT LUCIE, FL 34952-7366 DATE: By: JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 Phelan Hallinan, LLP Jlathan Lobb, Esquire ATTORNEY FOR PLAINTIFF 797459 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE Civil Division PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 CUMBERLAND County Plaintiff No.: 13 -4470 -CIVIL V. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendants AND NOW, this Z day of ORDER , 2014, upon consideration of Plaintiffs Motion to Extend the Return Date on Plaintiff's Motion to Reassess Damages, Plaintiff's Motion to Extend the Return Date is hereby granted; and It is hereby ORDERED and DECREED that the return date provided in the Court's July 29, 2014 Order is hereby extended from August 18, 2014 to athimer /7 2,0 . Notice of the entry of this Order shall be provided to all parties by the Plaintiff. C6 'es ntlitE4t 44- J J . C 943/n1 BY THE COURT: 797459 PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff V. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendants '7711.17-T• " OF THE PR NO TA A': 20/4 SEP ZS I.V1 9: 7 CUI1RERLCOUNY PE/'NS r CUMBERLAND COUNTY COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -4470 -CIVIL MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above -captioned Defendants, JEFFREY L. CAREY, A/K/A JEFFREY CAREY and LEANN CAREY, by certified mail and regular mail at 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504 and posting 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for December 3, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendants, JEFFREY L. CAREY, A/KJA JEFFREY CAREY and LEANN CAREY, with the Notice of Sale at the mortgaged premises, 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The mortgaged premises is vacant. 4. Attempts to serve Defendants, JEFFREY L. CAREY, A/K/A JEFFREY CAREY and LEANN CAREY, with the Notice of Sale at 2421 SE WEST BLACK WELL DR, PORT SAINT LUCIE, FL 34952-7366, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". This address was found to be vacant. 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on SEPTEMBER 12, 2014 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs SEPTEMBER 12, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 7. Plaintiff submits that it has made a good faith effort to locate the Defendants, JEFFREY L. CAREY, A/K/A JEFFREY CAREY and LEANN CAREY, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to JEFFREY L. CAREY, A/K/A JEFFREY CAREY and LEANN CAREY at 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504 and posting 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504 and by publication. Phelan DATE: By: Jon. M. Etkowicz, Esquire Bar No: 208786 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendants CUMBERLAND COUNTY COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -4470 -CIVIL PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendants, JEFFREY L. CAREY, A/K/A JEFFREY CAREY and LEANN CAREY, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to JEFFREY L. CAREY, A/K/A JEFFREY CAREY and LEANN CAREY at 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504 and posting 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504 and by publication pursuant to PA.R.C.P. 3129.2. Phel Ilinan, LLP DATE: 9(2=1111 By: •Fh: M. Etkowicz, Esquire B tv, D No: 208786 A orney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY CUMBERLAND COUNTY COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -4470 -CIVIL Defendants CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. JEFFREY L. CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 ( Phelan DATE: q,jig By: dia 41 irlia—A Jona . Etkowic , Esquire Ng Bar II No: 208786 Attorney for Plaintiff LLP EXHIBIT "A" AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY US HANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION P11 # 797459 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005. AR1 DEFENDANT JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY SERVE JEFFREY L CAREY A/K/A JEFFREY CAREY AT: 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 SERVICE TEAM/ baa COURT NO.: 13 -4470 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to JEFFREY. L.-- CAREY - A/K/A JEFFREY CAREY, Defendant on the day of , 20_, at o'cicxik • M., at in the manner described below: Defendant personally served, _ Adult family member with whom Defendant(s) reside(s), Relationship is Adult in charge of Defendants residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s), Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company, Other: . Description: Age Height Weight Race Sex Other a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa, CS. Sec. 4904 relating to =worn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: NOT SERVED On the I4 day az! C‘tn; 2014, at o'clock M., I, .1°T.1;11d Mell,, a competent adult hereby state tbilfrifendant ITO il/Vacant _Does Not ExistMoved Does Not Reside (Not Vacant) No Answer on .nt Service Refused Other: ial tt(swterntnt is made subject to the penalties of 18 Pa. C.S. Sec, 4904 relating to unsworn fitiSifieattoi BY: PRINTED NAME: 'Rotliild Moll ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005- A RI DEFEND ANT JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY SERVE LEANN CAREY AT: 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 CUMBERLAND COUNTY P11 tt 797459 SERVICE TEAM/JX COURT NO.: 13 -4470 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to LEANN CAREY, Defendant on the day of , 20_, itt o'clock . M., in the manner dc.;.Seribeel below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business, nn officer of said Defendant's company. .„ Other: Description: Age Height Weight Race Sex Other, . a competent adult, hereby verify that I personally handed a true and correct copy of the Notice a Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the. address indicated above. I understand that this statement is made subject to the penalties of 18 Pa, C.S. See, 4904 relating to unsworn falsification to authorities. NAME: PRINTED NAME: , TITLE: NOT SERVED On the _j4av of.1.2014_, at ,I2o'clock M., _Roxialillon,,,„ a competent adult hereby state that I, efentfinnt N-0 5 '& :P cause: Vacant Does Not Exist Moved Does Not Reside (Not Vacant) No Answer on at Service Refused Other: nodersuip" thisi tc!nctI,s made subject to the penalties of 18 Pa, C.S. Sec. 4904- relating to unsworn falsification ti gics, BY: PRINTED NAME: kOml Id Mull AT:roRNyy,yoR PLAINTIFF Phelan Hallinan, LLP 1617 117K Boulevard, Suite 1400 One Penn Center Plnr.a Philadelphia, PA 19103 (215) 363-7000 PLAINTIFF AFFIDAVIT OF SERVICE US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CUMBERLAND COUNTY STRUCTURED ASSET SECURTTIFS CORPORATION MOR'I GAGE PASS-THROUGH CERTIFICATES, SERIES 2005- PH # 797459 ARI DEFENDANT JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY SERVE JEFFREY L. CAREY A/K/A JEFFREY CAREY AT: 2421 SE WEST BLACKWELL DR PORT SAINT LUCIE, FL 34952.7366 i and made 'kms to 111 . r 1r atr { M Yr k-�' i;Y� .ittfie manner ctc bed below: I1e, Nutt personally served. Pb( Adult family member with whom Defendant(s) rre ttic(4); t b te C I a 341 y - ,,, Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: SERVED AJi l (IJW CARE:Y, Delo tr . on the I day of SERVICE TEAM/ ixlt COURT NO.: 13 -4470 -CIVIL TYPE OE ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Shears Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 20_ Notary: On the.- + dayx ofkgit fir �1t11 F7 tae..; its avant Does Not Exist No Answer on at Service Refused Other: S'tvat-n. 1p ;rtrBl salt=da'lt. befnr tt Nutary: _ Moved 1 4) l a competent adult hereby Does Not Ile 14Tu (Not Vacant) at. Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 BROOKE ZAMBUTO Notary Public, State of Florida MY COMMISSION#EE1410e1 `" EXPIRES fabruat ; Z'1, 2016 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION PH # 797459 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005- AR1 DEFENDANT JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY SERVE LEANN CAREY AT: 2421 SE WEST BLACKWELL DR PORT SAINT I.UCIE, FL 34952-7366 SERVICE TEAM/ Ixh COURT NO.: 13.4470 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to LEANN CAREY, Defendant on the day of , 20 , at , o'clock _, M., at in the manner described below: Defendant personally served. Adult family member with whom Defendants) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company, Other: Description: Age Height Weight Race Sex Other a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of , 20� Notary: On the, ' sl,ly nt stale th4lji) c:tifl int i) ,O„ _.V Y;t)C111it _ No Answer on Service Refused Other: Sworn tto+.ant! s of'r : l'=; In J Notary: By: at Moved competent adult hereby Does Not Reside (Not Vacant) y: Phelan 1617 JFK aidulevarcl, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 i3ROOKE-#tti11E TO Notary Public, State of Florida MY COMMISSION NEE141081 IR Wu ,,24 .2018 EXHIBIT "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 797459 Attorney Firm: Phelan Hallinan, LLP Subject; Jeffrey L. Carey & Leann Carey Current Address: 2421 Southeast West Blackwell Drive, Port Saint Lucie, FL 34952 Property Address: 251 McAllister Church Road, Carlisle, PA 17015 Mailing Address: 2421 Southeast West Blackwell Drive, Port Saint Lucie, FL 34952 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Jeffrey L. Carey - xxx-xx-3796 Leann Carey - xxx-xx-1812 B. EMPLOYMENT SEARCH Jeffrey L. Carey & Leann Carey - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jeffrey L. Carey & Leann Carey reside(s) at: 2421 Southeast West Blackwell Drive, Port Saint Lucie, FL 34952. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Jeffrey L. Carey & Leann Carey. B. On 08-18-14 our office made a telephone call to a possible phone number of the subject(s) (717) 422-5078 and received the following information: fax tone. III. INQUIRY OF NEIGHBORS On 08-18-14 our office made a phone call in an attempt to contact Linda J. Cheskey (717) 243-5455, 256 McAllister Church Road, Carlisle, PA 17015: spoke with an unidentified male who confirmed that Jeffrey L. Carey & Leann Carey reside(s) at: 2421 Southeast West Blackwell Drive, Port Saint Lucie, FL 34952. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 08-18-14 we reviewed the National Address database and found the following information: Jeffrey L. Carey & Leann Carey - 2421 Southeast West Blackwell Drive, Port Saint Lucie, PL 34952. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 08-18-14 Vital Records and all public databases have no death record on file for Jeffrey L. Carey & Leann Carey. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Jeffrey L. Carey - not available Leann Carey - not available B. A.K.A. Jeffery Lynn Carey Leann Carol Carey; Leann Morrison; Leann C. Peterson; Leann C. Wickard * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S, $ec. 4904 relating to unsworn falsification to authorities. The above information is obtained front available public records and we are only liable for the cost of the affidavit, EXHIBIT "C, Name and Phelan Hallinan, LLP Address 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 Article Number 2 3 SPL Name of Addressee, Street, sad Post Office Address JEFFREY L. CAREY, A/K/A JEFFREY C 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 LEANN CAREY 251 MCALLISTER. CHURCH ROAD CARLISLE, PA 17015-9504 Y RE: JEFFREY L.. CAREY A/K/A JEFFREY CAREY (CUMBERLAND) TEAM 4 PH # 797459/1021 Psge 1 of 1 ****""CONCURRANCE LNM 60.47 51.41 Tam! Mosher of Picas Listed by Seeder TUI Na im:of Pieces Rad ed es MO Office Pomaeoa, PICT (Name of Pea:6in4 Employee) Form 3877 Facsimile 'Mt MI dedrslia of .xtae is man* as oh dcmmk at inkanefami Tesieinclmut. TAe ms Mr M eeeoa+buakar n of napdk d, , cta is adgEsgem Mall MammalntonmaeMe pica s.b}aa■Kroh of1!00.000p*ooemnoe. The initial" Wrathy payable aEY9rof The rnssonen k.deunb pgsble is MAO fLr rtesl*td ms0, sem whit opdat franca Sse c. a.ea ran maws R900 5913 and 5921 fee l"mBriaa d m arir. SUSAN P. Moran, Legal Service Department September 12, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail susan.moran@phelanhallinan.com Assistant, Ext. 1253 Representing Lenders in Pennsylvania LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 RE: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 v. JEFFREY L. CAREY and LEANN CAREY Premises Address: 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504 CUMBERLAND County, No. 13 -4470 -CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by SEPTEMBER 19, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP SUSAN P. Moran, Legal Service Department September 12, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail susan.moran@phelanhallinan.com Assistant, Ext. 1253 Representing Lenders in Pennsylvania JEFFREY L. CAREY, A/K/A JEFFREY CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 RE: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 v. JEFFREY L. CAREY and LEANN CAREY Premises Address: 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504 CUMBERLAND County, No. 13 -4470 -CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by SEPTEMBER 19, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP r T 1 q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COUNTY, PENNSYLVANIA 1 US BANK NATIONAL ASSOCIATION, AS : TRUSTEE FOR THE STRUCTURED ASSET CIVIL DIVISION SECURITIES CORPORATION MORTGAGE • . PASS-THROUGH CERTIFICATES, SERIES NO. 13-4470-CIVIL :-I). 2005-AR1p • Plaintiff • -.-,r� f,J JEFFREY L. CAREY =- A/K/A JEFFREY CAREY a LEANN CAREY Defendants ORDER AND NOW, this 7--A- day of psi , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants JEFFREY L. CAREY, A/K/A JEFFREY CAREY and LEANN CAREY by: VREGULAR MAIL at 251 MCALLISTER CHURCH ROAD, CARLISLE,PA 17015-9504 Service by mail is complete upon the date of mailing c—A -iv z 4 z I -rook 40' 1044 71 4.4.k.irtAi Ih•‘;`- e,,,,.. So..i....v 1....coc. g 1- 3 M 4 t2- ('// CERTIFIED MAIL at 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504 Service by mail is complete upon the date of mailing POSTING 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). Cory /r1.2.1,Lk_ R+4,J. kow BY T COURT: ' ION/Y �'/'''J J. PH# 797459 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff vs. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY ATTORNEY FOR PLAINTIFF c-) -0 3 m rn u)r- -< Court of Common za) 5 Civil Division --4 CUMBERLAND County No.: 13 -4470 -CIVIL E=I C.) c-) (o.) Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 2421 SE WEST BLACKWELL DR PORT SAINT LUCIE, FL 34952-7366 DATE: JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 Phelan Hallinan, LLP By: Jon/ Lobb, Esq., Id. No.312174 A o ey for Plaintiff 797459 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff vs. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND Comity No.: 13-4470-CIVIIE: (==\ MOTION TO MAKE RULE ABSOLUTE US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 24, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about September 23, 2014 directing the Defendants to show cause by October 17, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on October 8, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 797459 2 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 17, 2014. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: / 61 22 b ( By: Phelan Hallinan, LLP a'` Justin F obeski, : sq., Id. No.200392 Atto .: for for Plaintiff 3 797459 Exhibit "A" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE Civil Division PASS-THROUGH CERTIFICATES, SERIES 2005 -ARI CUMBERLAND County Plaintiff No.: 13 -4470 -CIVIL v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendants ORDER AND NOW, this Z 7.4day of , 2014, upon consideration of Plaintiff's Motion to Extend the Return Date on Plaintiff's Motion to Reassess Damages, Plaintiff's Motion to Extend the Return Date is hereby granted; and h is hereby ORDERED and DECREED that the retum date provided in the Court's July 29, 2014 Order is hereby extended from August 18, 2014 to 0411e- /7 24/1. Notice .of the entry of this Order shall be provided to all parties by the Plaintiff. BY THE COU7-9 RT: Ca 1'ES R4- J. L. C 94.34/4/ J. CC :01 WV £Z d3S'WIZ 797459 Exhibit "B" Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff V S. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY ATTORNEY FOR PLAINTIFF { '} N rn CD CD c) •y -4 Court of Corn non i itis `C A CUMBERLAND Coin cm w Civil Division No.: 13-44 G,aI?I1 ' !QM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 2421 SE WEST BLACKWELL DR PORT SAINT LUCIE, FL 34952-7366 DATE: By: JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 Phelan Hallinan, LLP Jo Lobb, Lobb, Esq., Id. No.312174 A ''orney for Plaintiff 797459 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 Plaintiff vs. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -4470 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 2421 SE WEST BLACKWELL DR PORT SAINT LUCIE, FL 34952-7366 DATE: j4ZZ //if By: Justin F. ,;'obeski, Esq., Id. No.200392 Atto for Plaintiff JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 Phelan Hal an, LLP 797459 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE Civil Division PASS-THROUGH CERTIFICATES, SERIES 2005-AR1 CUMBERLAND County Plaintiff vs. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendants No.: 13 -4470 -CIVIL C) 733 rn co -- r-ZXas > t') c? C? ria �r- ORDER AND NOW, this 49 day of 4tia - , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through August 1, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Appraisal/Brokers Price Opinion $165,210.92 $35,520.15 $644.76 $2,500.00 $1,309.81 $180.00 $1.25 $450.00 797459 �f Escrow Deficit TOTAL Plus interest at six percent per annum. $11,347.61 $217,164.50 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Co es /rZwic4 J.XoLesIu 797459 PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE COURT OF COMMON PLEAS PASS-THROUGH CERTIFICATES, SERIES 2005- AR1 CIVIL DIVISION Plaintiff, . No.: 13 -4470 -CIVIL v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing 817) and/or Certi " d Mail Return Receipt stamped by the U.S. Postal Service i attached hereto Exhibit " Date: (0730/IL? Paul Cre q., Id. No.318079 Attorney for . tiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 797459 US Bank National Association, as Trustee for The Structured Asset Securities Corporation Mortgage Pass - Through Certificates, Series 2005-Arl Plaintiff v. Jeffrey L. Carey a/k/a Jeffrey Carey Leann Carey Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -4470 -CIVIL CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 US Bank National Association, as Trustee for The Structured Asset Securities Corporation Mortgage Pass -Through Certificates, Series 2005 -Ad, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 251 Mcallister Church Road, Carlisle, PA 17015-9504. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Jeffrey L. Carey a/k/a Jeffrey Carey 2421 Se West Blackwell Dr, Port Saint Lucie, FL 34952-7366 Leann Carey 2421 Se West Blackwell Dr, Port Saint Lucie, FL 34952-7366 2. Name and address of Defendant(s) in the judgment: Name Jeffrey L. Carey a/k/a Jeffrey Carey Leann Carey Address (if address cannot be reasonably ascertained, please so indicate) 2421 Se West Blackwell Dr Port Saint Lucie, FL 34952-7366 2421 Se West Blackwell Dr Port Saint Lucie, FL 34952-7366 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 (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) PH # 797459 West Pennsboro Township C/O Hubert X Gilroy, Esq. West Pennsboro Township 10 E High st Carlisle, PA 17013-3015 2150 Newville rd Carlisle, PA 17015 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Redevelopment Authority of The County of Cumberland Address (if address cannot be reasonably ascertained, please indicate) 114 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 251 Mcallister Church Road Carlisle, PA 17015-9504 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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 statement erein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificati PH # 797459 Phelan . allina , LLP Paul Cress u an Esq., Id. No.318079 Attorney for ' aintiff PHELAN HA LINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suitt 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/CET - 12/03/2014 SALE I� ,„— Ir" 5r" Line Article Number Name of Addressee, Street, and Post Office Address Postage ,� °�3" { • S1 ,y� i . . r 0000 '' aE 2 r�� 00 y ' `! 41 •"4. +p 1 **** TENANT/OCCUPANT 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 $0:47 ? ° 2 **** Domestic Relations of Cumberland County 13 North Hanover•Street Carlisle, PA 17013 $0.47 • t.��rf. 3 **S* Commonwealth of Pennsylvania. Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47. r *till C' .s O /"-' 4 **•* Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 69..47 r+' \,, el ' 5 ***• U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg; PA 17108-1754 $0.41rf . 6 -**** Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 - $0.47 RE: JEFFREY L. CAREY A/K/A JEFFREY CAREY (CUMBERLAND) PH.# 79745911021 Page 1 of Writ Team t , $2.35 ...-._ �— -,1 �_____ Total Number of Pieces fisted by Sender Total Number of Pieces Received nt Pay Office t.• Pustn ennc, Per (Nome of Receiving Employee) The full declaration of value ie required MI all domestic and international registered mail. The maximum indemnity payable fm the reconstruction of nonnegmiahk dkcunems Mk" Express Moil document recomtruerion insurance in 550.010 per p to endrjea Ina Iliad of 5500.00(1 per occurrence. The maximum indemnity payable on Express Mail merchandise is S51$) The maximum indemnity payable is 025.000 for mestered mail. sent with optional insurance. See Domestic Mail Mnnusl 15900 5913 an/ 5921 for /imitations ofesivaage. Form 3877 Facsimile Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Line Article Number Name of Addressee, Street, and Post Office Address Postage_ 1 **** West Pennsboro Township 2150 Newvilk Rd Carlisle, PA 17015 ty $0.98 `,...'z' -1Qfee`- , �r� 2 **** West Pennsboro Township C/O Hubert X Gilroy, Esq. 1 IOEHIGH ST CARLISLE, PA 17013-3015 .48'" , tv, RE: JEFFREY L..CAREY A/K/A JEFFREY CAREY (CUMBERLAND) PH # 797459/1026 Page 1 of 1 45 Day ,,, $0.96'` 144 Tabl Number of Pieces Listed by Sender Total Number of Pieces Received a Post Office Postmaster, Per (Name of Receiving Employee) The full deduction of value is required on all domestic and international registered mail. The ma fee The reconstruction Of nonnegotiabk documents under Express Mail document reconstruction ins piece subject to a limit of S500,000 per oaurrena. The maximum indemnity payable on Express T The maximum indemnity payable is 525.000 for registered mal, sent with optional humaor:e. See R900 S913 sod 5921 for limitations of coverage, orm J I7 P"acs PH # 797459 w}; PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIFS 2005-AR1 Plaintiff vs. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -4470 -CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to JEFFREY L. CAREY A/K/A JEFFREY CAREY and LEANN CAREY on 10/13/2014 and 10/15/2014 in accordance with the Order of Court dated 10/2/2014. The property was posted on 11/1/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn DATE: Paul Cress Attoi an, Esq., Id. No.318079 r Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET CIVIL DIVISION SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES NO. 13 -4470 -CIVIL 2005-AR1 Plaintiff ...- - V. JEFFREY L. CAREY CA r— A/K/A JEFFREY CAREY -.< --- 1\3 cz, --- r- LEANN CAREY <c) >c-.= Defendants ORDER T- AND NOW, this 7-A- day of 0 4-10,....- , 2014, after consideration of Plaintiff s Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants JEFFREY L. CAREY, A/K/A JEFFREY CAREY and LEANN CAREY by: PH # 797459 REGULAR MAIL at 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504 Service by mail is complete upon the date of mailing 4,11 Z I lotrfrik cit.fr. *bk. y )44.k.... j.i •TCO.A• 1.A.DCA. CERTIFIED MAIL at 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9504 Service by mail is complete upon the date of mailing POSTING 251 MCALLIS1ER CHURCH ROAD, CARLISLE, PA 17015-9504 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). J. PHELANV HAELINAN, LLP, imikune Penn Center at Suburban, Suint 14 biladclpbia, PA 19193 Line ` Article Number Name of Adcires ree, Street and Past Offiac Address P�tagc effrey Lw Carey, • S Jeffrey Carey ► 21 SE' Vest Blackwell Dr +tyre Sfli nt Lucie, PL 34952-736 �.M 2 etfrey L, Carey a Jeffrey Carey," ► 1 McAllister Church Road, rig ' PA 17015-9504'' on Carey ► 21 SE West Blackwell Dr art Saint Lucie, EL34952-7366 Carey ► . McAiliater Church Road, tide, PA 17015-9504 10 ra. 11 12 13 14 is ;Jeffrey L,: Carey alk/a Jeffrey Leann Carey :7471 Carey ttmlteriand Total Numbca of Pieces Listed by Scndcr Total Number of Pieces Rcr ived at Post Office Postmaster, Par Q9amc of Receiving EmpIMrocl iurr rn rrctr n tuan.n�rttt�c AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION PH 4 797459 MORTGAGE PASS-THROUGH CERTIPICATE,S, SERIES 2005 - ARI DEFENDANT SERVICE TEAM/ snl JEFFREY L. CAREY A/K/A JEFFREY CAREY COURT NO.: 13 -4470 -CIVIL LEANN CAREY SERVE LEANN CAREY AT: 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 *PLEA T THE PROPERTY*** t by 11/3/2014•** TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 12/03/2014 SERVED Served and made known to LEANN CAREY, Defendant on the (? rday of NOV1.M6120 14, at g=-2.0 A -M., at 251 MCALLISTER CHURCH ROAD. CARLISLE. PA 17015-9504, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. XX Other ^ POSTED THE PROPERTY Description: Age Height Weight Race Sex Other o'clock I, Ronald moil competent adult, hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: I I t 1, NAME: PRINTED NAME: ROl1a1Ci �Moll TITLE: Process Server NOT SERVED On the day of 20 at o'clock M., I, , a competent adult hereby state that Defendant NOT FOUND because: Vacant Does Not Exist No Answer on a! _ Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Moved Docs Not Reside (Not Vacant) BY: ... ._ PRINTED NAME: AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION PH # 797459 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005- AR1 DEFENDANT SERVICE TEAM/ sol JEFFREY L. CAREY A/KJA JEFFREY CAREY COURT NO.: 13 -4470 -CIVIL LEANN CAREY SERVE JEFFREY L. CAREY A/K/A JEFFREY CAREY AT: 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 ****PLEASE POST THE PROPERTY*** ***please rush and post by 11/3/2014*** Served rid made known to Nota oil. 'el; 20 .� at ; 0, o'clock manner described below: Defendant personally served. Adult family member with whore Defendant(s) reside(s), Relationship is Adult in charge of Defendant's residence who refused to give name or relationship, Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company,. XX Other: POSTED THE PROPERTY I]e4cri tion; Age igttt Weight Race Sex Other w n t, hereby verify that I personally posted the property with a true and con•ect copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the caption case on the date and at the address indicated above. I understand that this statement is rr idrstthjet i to thef epriftie of 18,lrff S. Sec. 4904 relating totasvrn liilsification to authorities. SERVED Y L, CAREY A/K!/1 JEFVREYCAREY, Defendant on the I day of t 251 MCALLISTER CHURCH ROAD, CARLISLE. PA 17015-9504, in the TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE; 12/03/2014 DATE: NOT SERVED On the dayof , 20 , at o'clock_. M., I, a competent adult hereby state that Defendnt NOT FOUND because: Vacant _ Does Not Exist No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unswom falsification to authorities. Moved _ Does Not Reside (Not Vacant) BY: PRINTED NAME: 11 1 1 USPS CERTIFIED MAILTM 1 1 i 1 1 1 1 9214 8969 0096 4000 1659 06 DWB / 797459 LEANN CAREY 2421 SE WEST BLACKWELL DR PORT SAINT LUCIE, FL 34952-7366 --fold here (regular) -- fold here (6x9) --fold here (regular) 11 1 1 USPS CERTIFIED MAILTM 11 1 1 11 9214 8969 0096 4000 1659 13 DWB 1797459 LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 --fold here (regular) -- fold here (6x9) --fold here (regular) 11 1 1 USPS CERTIFIED MAILTM 111 1 111 1 9214 8969 0096 4000 1658 83 DWB 1797459 JEFFREY L. CAREY 2421 SE WEST BLACKWELL DR PORT SAINT LUCIE, FL 34952-7366 --fold here (regular) -- fold here (6x9) --fold here (regular) 11 1 1 USPS CERTIFIED MAILTM 1 1 1 1 9214 8969 0096 4000 1658 90 DWB / 797459 JEFFREY L. CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015-9504 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS.corn® - USPS TrackingTM English Customer Service USPS WNW USPS. Quick Tools USPS Tracking TM Ship a Package Send Mail Tracking Number: 9214896900964000165913 Updated Delivery Day: Saturday, October 18, 2014 Product & Tracking Information Postal Product: First -Class MaiP DATE & TIME October 29, 2014 , 10:40 am Features: Certified Mail" STATUS OF ITEM LOCATION Page 1 of 1 Register t Sign In Search USPS.com or Track Packages Subn Manage Your Mail Shop Departed USPS Facility LANCASTER, PA 17604 Your item departed our USPS facility in LANCASTER, PA 17604 on October 29, 2014 at 10:40 am. The item is currently in transit to the destination. 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