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HomeMy WebLinkAbout13-4685 Supreme Court- of.. Pennsylvania Court�o Commo. ,Pleas t j z �y , IN Nv � , For Prothonotary Use Only: Civtl Slieet fir KI-11 C-7 t f CUMB County Docket No: 4 The information collected on this form is used solely for court administration purposes. This form does not supplement or rep lace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S ❑x Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: SOVEREIGN BANK, N.A. ' Lead Defendant's Name: TINA L. AVARA, Individually and in C her capacity as T Heir of CARL J. AVARA, DECEASED I Dollar Amount Requested: ❑ within arbitration limits Q Are money damages requested? ❑ Yes Z No (Check one) ❑D outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an NMJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: Allison F. Zuckerman, Esq., Id. No.309519, Phelan Halligan, LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment • Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections • Nuisance ❑ Dept. of Transportation • Premises Liability ❑ Statutory Appeal: Other • Product Liability (does not S include mass tort) ❑ Employment Dispute: • Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: U ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration $ ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: I'4D C T `L dNS YLVANIA PHELAN HALLINAN, LLP Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 SOVEREIGN BANK, N.A. 824 NORTH MARKET STREET COURT OF COMMON PLEAS SUITE 100 WILMINGTON, DE 19801 CIVIL DIVISION Plaintiff TERM V. NO. 13- b < TINA L. AVARA, Individually and in her capacity as Heir of CARL J. AVARA, Deceased CUMBERLAND COUNTY 6316 STEPHENS CROSSING, A/K/A 6316 STEPHENS XING MECHANICSBURG, PA 17050 -2338 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CARL J. AVARA, DECEASED 6316 STEPHENS CROSSING, A/K/A 6316 STEPHENS XING MECHANICSBURG, PA 17050 -2338 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Z'p ov File #: 301074 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 #: 301074 1. Plaintiff is SOVEREIGN BANK, N.A. 824 NORTH MARKET STREET SUITE 100 WILMINGTON, DE 19801 2. The name(s) and last known address(es) of the Defendant(s) are: TINA L. AVARA, Individually and in her capacity as Heir of CARL J. AVARA, Deceased 6316 STEPHENS CROSSING, A/K/A 6316 STEPHENS XING MECHANICSBURG, PA 17050 -2338 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CARL J. AVARA, DECEASED 6316 STEPHENS CROSSING, A/K/A 6316 STEPHENS XING MECHANICSBURG, PA 17050 -2338 who is /are the real owner(s) of the property hereinafter described. 3. On 08/27/1987 CARL J. AVARA and KAY F. AVARA A/K/A KAY J. AVARA made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 878, Page 1061.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. Sovereign Bank, s /b /m to Waypoint Bank, f/k/a Harris Savings Bank, f/k/a Harris Savings Association, is now known as Sovereign Bank, N.A. 5. The premises subject to said mortgage is described as attached. File #: 301074 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage as of 05/20/2013: Principal Balance $39,888.71 Interest $1,462.40 11/01/2011 through 05/20/2013 Late Charges $554.40 Property Inspections $165.60 .Escrow Deficit $8,665.03 TOTAL $50,736.14 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with File #: 301074 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. Notices of Intention to Foreclose are included and designated as Exhibit "A ". 11. KAY F. AVARA A/K/A KAY J. AVARA was a co- record owner of the mortgaged premises as a tenant by the entirety. By virtue of KAY F. AVARA A/K/A KAY J. AVARA's death on or about 03/13/1993, her ownership interest was automatically vested in the surviving tenant by the entirety. 12. Subsequently, title to said premises is vested in Tina L. Avara, by Deed from Tina L. Avara, executrix of the Estate of Carl J. Avara, dated 04/19/2011, recorded 06/09/2011 in Instrument #201116391. 13. Mortgagor CARL J. AVARA died on 12/28/2007, and upon information and belief, his surviving heirs are TINA L. AVARA, LEIGH ANN FOX, and ALESSIA LOUISE AVARA. 14. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY, DAUPHIN COUNTY and WORCHESTER COUNTY, BERLIN MD and was informed that no estate has been raised on behalf of the decedent mortgagor. 15. By executed waivers, LEIGH ANN FOX and ALESSIA LOUISE AVARA waived their right to be named as a defendant in the foreclosure action. Said waivers are attached as Exhibit" B ". File #: 301074 16. Plaintiff hereby releases CARL J. AVARA and KAY F. AVARA A/K/A KAY J. AVARA, from liability for the debt secured by the mortgage. 17. Plaintiff does not hold the named Defendant, TINA L. AVARA, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant in the aforesaid real estate only, and the Defendant has been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 301074 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $50,736.14, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHEL qBy: Al ' o Id. No.309519 orn File #: 301074 LEGAL DESCRIPTION All THAT CERTAIN lot of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more parti cularly d'escrib'ed as follows BEGINNING at a point on the eastern line of Stephenle Crossing, whi.c'h Point is the line dividing Lots No, 78 and 79, an the hereinafter mentioned Flan of Lots; along the said line south $5 degrees 47 minutes east, One hundred Twenty -Five (1.25) feet to a paint; thence south 01 degrees 28 Minutes 50 Seconds east, Sixty- 'Eigftt and Ninety- -Nine One - Hundredths 68 paint on the line dividing � 99 f eet to a Lots NO,. 79 a nd 80; thence along, the sa id line south ?9 degrees 38 minutes 45 secon west, One H'u'ndred Twenty Ore'and Thirty -One One- Hundred't'hs {121.31 feet to a point on tfae eastern line Of Stephen's Crossing; thence a long Stephen's Crossing north. 10 degrees 21 inlnutes 15 seconds wrest, forty - Two and Twrenty - Two One - Hundredths (42: feet to a point; thence continuing along the same In .a northerly direction On a curve to the right having a radius of 230 an arc distance of Fifty - Eight and Forty -Nine One-Hundredths (5 ,49) feet to a point, the place of Beginning. BEING Lot No. '79, Plan 4,, of The Village of Westover, which Plan is recorded in the Cumberland County Recorder Offi in Flan Book 23, Page 22.• the same p'n which Daniel Marvin -and Katherine ruin .Marvin, his wife, by deeel dated June 20, 1974 and .recorded in the Cumberland CountV Pecordo.r Office in Deed book R -25, llace 90, g'ranr_pc and convoyed unto C .7. Avara and Kay J. Avara, who is atbo kno=wn as Kay F. Avara, his wife, portvagory hr-rein. H11V,jNG t hereon erected a 'dwei Ldnq house known and numbered as 6316 .sr :Phens Crossing. 11NDa11t AND S1,S.IRCI`, NFV1oW_"N LF5S, 'to rest r ict tonc, cor :ditiorr:s kr,j of prior record nnr'LA ininrl to maid preniser,. TI1F MORTGAGORS represent and warrait that rwither of the part iea, hereto lies hecetolores instituted divorce paroccedings against. the other one it iu rurc,her that. tht. lien, operation and effect of t 2ir mortgage .s;.culd not be c-hangccl in arty manner as a result, of or part of any propae='t'y eLtlempnt. or equita.ole dtatrii+uLLOr by td;e' court in anti divorce procerdings now or hereafter insLit, -ated by either of thc mortgagors, hereto against thr other. PROPERTY ADDRESS: 6316 STEPHENS CROSSING, A/K/A 6316 STEPHENS XING, MECHANICSBURG, PA 17050 -2338 PARCEL #10 -18- 1323 -019 File #: 301074 �IIBIT ".2v t i j � R v. �L�ooRJ gate: 02/05/13 ALESSIA LOOI;SE AVARA 6316 STEPHENS CROSSING MIECHANICSBURG, PA 17055 ACT 91 NOTICE TAB ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is stn your 'honi. is in de'rault. and tlaelender otenAs to. fort closke. S 01 ill abouI tbrc n -tut c o the dufaruh r-,lart yided in fhu •,t;t;ached ),11 +, 'i 11L HOMEOWNER'S F EKCIENG'Y MOR T` C`rAGT: 11SSt, E PROGRAM (HEMAP) tat;i lie ;dale to -110 lu.vave volir lasagne:. This I'IotiCC ex.alxtitrs licai� tlt4 �ekt:rratua works .a see i1 Ill l'.casg lg>s.lta. vota irta 1 f1 'P VT1'.0 AA C ON;Sl.lP C3tpl.?f'f QQIT'NSE J NO AGENCY 1U1'1'lti l ± I ?l!l'S C;II `l'! (1: [)A f'I. C .l 'I'1fi ; Nc)TlC "E. Take= this Notice avi.i.lr vrat+ when you meet with the Counseling Agency ncy '„ I�lrr_ Ititlklt �.,,,liplclt:, e::s;lttcl t gl �t�rlt. �lt�al�l5c�r rs1 C:t�i?�trnat~r�Z,' + ctat C' cgtE± tt ;l�t��i,}��!7ras.��,�. �ittt�i f'� . rc.l4 tit ii ta'� r Iltt lcil e !l het tt9► afagcsriAL11N Y taujiartY .- ,111 li lilt. , Pea; sviv;a5ti; Hole -s ites l�in 1 +gee Arcgac�� ftrll fame +rl �! �� �_�� T�_.( ��itlt ilsa �t t'sa��:tl #tcau�tttlt 4 {aka :<xt(t_ 17 7�„ #ti?•• 1!s(„�. This Notice contains i.mportrttat legal information. If you have any y+.test.iuns, representatives at the Consumer Credit C:or.+riseling Agency maybe able to help explain it. You tnay also want to contact an attorney in your area.. The local bar association may be able to help Y011 find a lawyer. LA aNC }TIFICAC16N EN .AD)UN". O t S DE :SUNIA IMPOIiTANCIA, PUFiS AFECTA STJ DFT.U..0 HO A COMANIiAR V1VII:ND0 EN SU CASA. SI NO C:;OMPRENDE EU, CONTE MDO U13. I STA NC)TIE OBTENGA UNA TRADUCC16N INMEDIATAASI~NTE .LLANIVIN O ESI'A AGENC1A (PENNSYLVANIA HOUSING FINANCE AGPNC`q SIN CAK(;GS AL NkPME.R0 Ivl..ET% AR.RJBA. PUT.DE SPR ELECrIE3Li PARA CTN PR1 S`I'AM0 POR ET, ]yT2OGRAIMA LLIANIADO "HOMEOWNER'S EN4'1 RGENCY I4'0R, ASSISTANCE PROGRAM" 1:L. CUAL S A.LVAR Si; CASA DE I_A PERDTDA DEL IYERECHO A REDIN TR SU 1.1IPOTECA, PA Ac 91 Ui v7 M12 140MEOWNPR'S NANINSY CARL J AVARA—.- TINA AVARA KAY F AVARA ALESSIA LQUISFil AVARA - AKA KAY I AVARA PROPERTY ADDRESS: MEC14ANICS 17055 LOAN ACCT. NO,: ORIGINAL LENDER: THE HARRIS SjkV*fNGS ASSO CURRENTLENDER/SERVICER: Sovereign _ N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM Y01.1 Mi AY 13,E,'H1 IGT'81X'r011 FTXANCTAI: ASSI STANC R, Q S& Tt, YOUR F10M R F ROM, FORECI AND. H E L V Y OU Iv1A KR'. IC U T ME M 0 R GM I >A Y kld.-HT—S IF YOU CON41"lly WITH PROVISIONS OFTI-IF. l40N,4f.-.OWNFR'S EMF.RG'F.-..NCY MORTGAGE ASSISTANCf.' ACT OF 1983 (THr-."ACT't),YOtllvlAYf, FOR EMERGENCYMORT(iAGE ASSISTANCE: • IF YOUR DUFAMT HAS BEEN CAUSED BY CIR.CUMSTANCE"S BEYOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOLIR MORT PAYMENTS, AND • IF YOU Ivi EFT OTI IER )7f,,l GIB) LITY REQUIREMENTS ESTABLISHED BY TRE PENNSYLVANIA HOIJS fNG FINANCE AGENCY. - r,Fm'PQRARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of forecloStirc on your mortgage f thirty (30) dolts from the date of ibis Notice (plus three (3) days for mailing;). During that time you must arrange and attend a 'Ta"40440V Mee With one o f th consumer credit counseling agencies listed nt the end of this Notice, 2:14M MEKI"I.NG MWO QC '11MM-THIM, 331 DAB'S QF 1 17IU3 DATI:. Or- TIlls YK-WAl DANIMkAML ' - AC;f-. LW 'N) ll'itt PART 'i ijnllv *ro 01111, Yotfll_hjlj g0NjS N ER (:Rf C,0LJN'311LINQ AGENCJJ! ,-- If You Aleof will) one of the C011%unicr credit couinsclio tgoneics- lisle -d at 111C end of 0114 nbiice, 111v Icridor may Nal InIx action •jgainsi, y*U for thirty (3 days after the (trite of , this lnee(ing L, Lj� ic o i i I y n e,= ytosc I i c d i il (; c n 0 faw - t o Inco incating, Afivisc y6lir lotidcr.1mmodillelilof A N Your moilgage U is hi ftffiult for the reasons set forth later in this R. A Notice (Sac following pagcs' for specific information about the immure of Yolit default). YOU have the right to apply for -financial assistance from the Homeowner's EnICT8WICY Wrtga ,go Ausisiance Program. To do so, you iraist fzll Out, Siv and My a eompleled',H(WeOwnces P-jilaygatcy Maislunc,-, Program Application with ono of the designated consumer credit counsul't agencies listed at the ond oft W8 Notice. 01 consumer credit counseling agencies have applications fi)r t1je prograin nod they will 'Issim you in Submitting a compictc application to the Peni1sylvanii F101"SiV8 F Agency`. J�o temporarily slop On; lender from fling a.1hroclosiale AC6011, Your 11PplicUtiOn NIIIS'I"bc fonvardcd to PITFA xid receive(! Withill thift•GVQ) f3aysofya�iir incoling with the counseling agency. YOU SBOULD 1-11,13 A HEMAP APPI,ICA:TION AS � .goo _AL_pgU1hLr,. 11 You HAvr- A MEHI WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE ANTI) F ILE AN APPLI C.Kl'l()N WI'llf PHFA WIITHN 30 DAYS OF TI 1viEEITING, '1 '.1146 LENDER WILL BE. TEMPORARILY PRE VENTED FROM STARTING A FORECLOSURE AGAINST YOUR pRt)PETIY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAYOF FORECLOSURE " . YOU * I j Al 11 jr, f-. 1111"NT-WI-) A (WN, At 1 1 , - [t�r.VE-N'17 THE LENDER f STARTING A ACTION, BIJIT Tj- y0ti 14 X1'[1.1, NOT i j ,kpj , j,lC, , kJ*'ON IS -EVFNTUtjjy Aj At' ANYT11,41 J`AI3,F01 A FORECLQSVW' W11"t, BE" 8 PAi):*, VI Ur vi 08,1? AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pcunsylvatnia Housing Finance Agency has sixty (60) days to make a deeision after it receives your application. During that time, no foreclosure; proceedings will be pursued against you if you have met the time requiNments set forth above. You will be norified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN 13ANKRUPTCY, Tli E FOLLO'4WING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BF CONSIDERED AS AN ATTEMPT.' TO COLLECT THE DEBT. (Ityqu heve'taled binkr 'ott car'I still ippl }" Assis(911w): 1i0 ) iL(JR.L L(OtJR MOR'l "C —iA(3 : DEFAULT (11rhig it LID to date NATURE Or THE DEF AULT - The IVORTGAGE debt held by the above lender on your property locaWd at: -. -- _.._ _ ... _ _ ._........_......_� _ IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTBLY MORTGAGE PAYMENTS for the: following months and the following amounts arc now bast due: $867.73 due 12/]/2011, $867.73 due 1/1/2012 $867.73 d 2/'1 due 3/1!2012 clue 41 due 511/2012, $867.73 d ue 6/1 /2 11 1 2, $867.73 due 7 /1/2012, $861.73 due 811/2012, _......_ _ ..... _.... ._ ....._... ...... _.._ _ .. $867.73 due 9/1/2012, $869,64 doe '10/112 $869.64 due I t / 112012. $869.64 due 1211/2012, $869.64 due 1/1/2013, and $869.64 d ue 2/1/2013 Other charges: Lnt, CharBgc _ '6.131.90 -_ .. � .... _...... _. .......... _ .. . . _.....__......._.... TOTAL AMOUNT PAST "DUE: .$13, I•l OW 'T'O CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice 13Y PAYING THE TOTAL, AMOUNT PAST, DUE T O THE LENDER. WINCH IS $13,456.50, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIIICH BECOME DUE DURTNO T'HL '11HRTY (30) DAY PERIOD. t?ayELcnt i Wrest Lic Inusi . cal }cr 1)v �48511ji 1'A cluck _t ctii�ec! , �]f { I ()C 111 C11)Cy L)I r 117- Ii� 1l IC Ll1C sent; SovcreigLk Bank N A )'O 13ax 1 264 , It�adin,I'A 19612 IF YOU DO NOT C URE THE DEFAULT -- If you do not cure the del'ault within T1 EIRTY (30) DAYS of the date of this Notice. Chu laitrlur inl.etirlt In NX( rclve it-, Cellar:; Ina acei urotk ltac rooms *_ap dekI, '111i rnersns that the entire outstanding Ualauce of This debt will be considered due immediately and you may tosc the chance to pay the montage in monthly itlstallmonis. If full payment of the total tutttluntpastdoe w not made withit1 f't311tTY (30) DAYS, Ulu louder also intents - :o inst'ntct it, attorneys to start legal action to iizroclost 1i��fl a clztr tn'rsrttzr rretl rrr3lser 1l° TE113'7v1 {3RT'ts1tC.s11 JS FOR.1Tl:C, ?l — - -'ilie 111artgageCi property will 17u sold 11y the S11eri£1'ta payoff the rnortgnge debt. If the lender refers your case to its atrumeys, but you cure the delinquency bcfun: the londor begins ICR-1 proceedings against you, yon will still be requilvd to pay the reasonable attorney's fives that wore actually incurred, up to $50.00. Ho4vcver, it Icg1d proceGdiul s :are started again 1 you, you will luavc to pay 311 reasonable attOnWN,'s fees aeL11411y incurred by da4 I;,nder even if they exceed $50.00. Any attorney's fees lvilt be added to the aniount you Owe thy: londc:'. which play alsr) include other rea,orutlslc costs. [1'you ctu•xtthc dc;fnlrlt �vitliill tlsrt;,)'1 °j,l ;':.(�tl };1)111` t;er.:ind, you ;will eat be rceluirc;,ti to p��r at.torncv's fees MA-1 91 1 V0 08.12 QTHE R LEl VER, REMEDIES -- ne lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. ItI JL4T 1` CI 1tI's F4Vt l FIFA ` T PRIOR 'O S . FRIFF'-, SALE -- If you have not cutud the default within the THIR'T'Y (30) DAY period and foreclosure. proceedings have begun, I u still have the right to , cu the default turd a1LC the sale at — nn i +lrto nu Dour 1efikr bo. licntl S 5it�a.�Y��it_t }z ik <is? so.t� }_.paving tti�.tot tl.,ntt�ntt!Sl_411elt !? t t 4.3 j.r r Lalt.Y jW 2t d��4r Ll t'ki s 1 1191t_Clltg. , r e l�Qyt ai. rat ' 1 �ti c1tl�_Sok1s c�c!t��4a._Li0 lt)c fi�r�c li t!! 3it��,.a1!1Si. tiny oLhcr_C(S9t5 with the Shcr itl.'s_ Sa1e ns steci�cd in writim- by the lender n!ui_l�y, ;�rti�t�nir �tiir_c�lher NclI;i tr,r8en1s under Olre m q=4&c. Curing your default iu the manner set forth in this notice will restore your mortgage to the samc position as ifyoti lead never dofaulted. VA.RI I 'T PQSSITII l SHi °12TH +'S SAIX DAVIT; -- It is estimated that the earliest date that such a Sheriffs Sale oP the mortgaged property could be held would be approximately six (6) months from the date ortbis Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the solo. Of course, the amount needed to curb the dofitult will increase the longer you wait. You may find out at any time exactly what the rquitcd payment or action will be by contacting the lender, HOW TO .CQNTf,ACT ME LENDER: Name of Lender:;;ovorrsi 'r .Bank:ItilA.. Address: 601 PENN STREET_ MA_ ILCODE 10 - 6438 -W O7 READING PA 19601 PhoncNttmber: t -R88- 656 -3101 Fax 1.4umb r, 1- 888 -836 -8850 'nnt Persnu: TT RFSA DE7FSU I^ -Mail Address: bli2 MAGE*J)I FALII,TQSO /J5'ltFIGNHANK,COlt4 EFI OF SHERIFF'S SALl5 -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be sutrted by the tender at any tirne. A STMP'I"ION OF MORTGAGE -- You may sell or transfer )Four home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments charges and attorney's fees and costs are paid prior to or at the sale and that tic other mquircmcats of the mortgage are sais£ed. YOIJNAY ,rAl. 80 II Ava n. .RIGII:1. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE, MOWFGAGE DE MT Oat 'I{) 13ORIkOW >?FIONI ?.Y FROM AN 011 LENDINU INSTITU'). ION TC PAY OFF THIS DLiBT: • TO FIAVE THIS DI FAULT' C URED BY A:NY THIRD PARTY ACTING ON YOUR 1361IALF. 'l'O HAVE, THE MORTGA613 RTWS'T - fO T1•MI✓ SAME POSITION AS IF NO DEFAULT HAD.00CtJRRED, 1l' YOI) CtITcE II-IE DEFAIJI.,T, (140'41 -VER YOti DO NOI' I-IAVE'1'HIS RICIil' TO C'.tIRC YOUR DI FAtJL "I" NNIOI E THAN TJ4RE 'I'fMI-',S IN ANY CAL- 17NDAR YEAR..) • 3 A SSERT T411. NONEXIS- 11INCE OF A DEFAULT IN ANY FORL-CLOSURE PROC: I]WING OR ANY 07 - FI61Z LAWSUIT INSTITUTED UNDER THE MOIZI'CrAGI: DOCumEN'l - S, • TO ASSERT ANY 0113ER DEFENSE YOU BVIJEVE YOU NI:AY IIAVP- TO SUCK ACTION 13Y 71 -11 l..i NDf:R. • 2 1X_1 SEEK PRO'1"I3(. U"tiDI;R "flfE FEDI RAL BANMRUPTCY LAW. PA A0 9) 1;T v1 1 1S. I? HEMAP Consumer Credit Counseling Agencies CUMBERLAND County P.epan last updated: 08109/2012 01:18 PM Community Action Commission of Capital Region CCC5 of western PA 1514 Derry Street 2.000 lingiestown Road Harrisburg, PA 17104 Harrisburg, PA 17102 717 -232. 9757 888 -511 -2227 Maranatha PA interfaith Community Programs Inc 43 Philadelphia Avenue 40 E High Street Waynesboro, PA 17268 Gettysburg, PA 17325 717- 762 -3285 717 - 334 -1518 PHFA 211 North Front Street Harrisburg, PA 17110 717- 780 -3940 80D- 342 -2397 i p,l CO I wa aluaKelirg Avaroic. Gorn!:ur nri,i Cc:u aY v L (Rev. W2 08) Date: 02/0i/13 TINA AVARA 6316 STE?HENS XING MECHANICSBURG, PA 17050 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on our hom is it) defialllc arid the lender -intends .,to,, foreclose. Specific information about the nature of the default is provided in the attached Pages. `The _H i I V NFU� EMER( ENCY MORTGAOF, ASSISTANCE P110GRAM (HEMAP)., SIN_ may be able to help,J save X0111 home. This Notice "pin iii s how the 2rggrarri work To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF TI IF. DATE OF THIS NOTICE, Toke this Notice with yoo when You 111M With the Cotinseling AI'Micy. , me name. minItier of Covisumer Credit Comiscling Aucticies servitiv your Comity are listed at the ctid cif tljis Notice, Iryoulinvemi y m5tions. r ot Inav call the Pertilsylvallin Ito iallIg -- --qj FinmLog Aslgji y Igi I j,ftegat.1-8Q0-142-2397. (Persons jyit iliil)Uij It rip g(,Bri call (717) 78Ql869) This Notice contains important legal information. If you have any questions, r epresentatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTI FICAC16N FN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. St NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY), SIN CARGOS AL NUTVIERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POREL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. PAN't 91 11) N'l 08. 1 HOMEOWNER'S NAME(S): CARL J AVARA TINA AVARA KAY F AVARA ALESSIA LOUISE AVARA AKA KAY J AVARA PROPERTY ADDRESS: 6316 STEPI [ENS CROSSING MECHANICSBURG. PA I705S LOAN ACCT. NO.: ORIGINAL LENDER: THE HARRIS SAVINGS ASSO CURRENT LENDER /SERVTCER. Sovereign Bank, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE, AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEiNG ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your nnotgage. for thirty (30) da from the date of this Notice (plus three (3) days for mailing). During that tine you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TI-IrS mumNiG MIST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS 1�1 I`ICE. IT' YOU n QT A 1, - O F F NJ " IO Art? I' C O 3 m Ug MtJRTGAG-- UP LQ) PATE, TI-I PART OF THIS NOTiCC _CA I,F1) "IHOW TQ CURE YOUR MORTCAGF DEFAULT" EXPLAINS HOW TO BRINQ YOUR MORTGAGE UP TO DATL CONSUMER CREDIT COI JNSELINQ AGENCIES •• If you ntect tyith one of the consumer credit counseling agencies listed at the i11d of this notice, the lender may NOT take action against you for thirty (30) dai after the dale; of this n neetlrtSs. - 'te 9y1e�" �I t�dre sSe.s ltd tl:l� t1�iy C1 I}ji,ft 11UC1 ConSUnter Cttdit Cl?tnts(!linri �5 "Cltet'y!: for file ustte i13 �w bleb tile 1wonclIv Y Iac,at d rim, $gt forth nt the gull of this Notice It is only nccwsary to schedule one face =to- face tineetiing. Advise your leader immediale1v of % intentions. 6EEL ICATI ON FOR MORTGAGE ASS S CF, --Your mortgage is in default for the reasons set forth later in this Notice (sw following parks for specific infomation about the nature; of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Motgage Assistance Program. To do so you roust fill out, sign and file a completed Homeowner's Emergency Assistance. Program Application \tidy one of the designated consumer credit counseling agencies listed at the, end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Penns0vmnia Housing Finance Agency. To temporarily stop the lender from tiling a foreclosum action, your application MUST be fmvarded to PHFA and received within thirty ( 30) days of your face - to - face meeting with tine counseling agency. YOU SHOULD FILE A HEMAP APPLICAHON AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DA'Z'E OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WiTHIN 30 DAYS OF THAT MEETING. THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY. AS E\PLAiNED ABOVE. IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU H VC THE TO C'1LE A HEty LAP APPLI '1' EV N BEYOND THESE 'i ME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION. BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANYTIME BEFORE A SHERIFF'S SALE. THE FORECLOSURE WILL BE STOPPED. Pa A LI 91 Ur e1 (18.12 AGENCY ACTION -- Available funds for ennergency mortgage assistance are vcr) limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements sct forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision oil your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. tlfvou have filed bankru ten you call still a t >1w for Enter enev Mori a ge Assist a ace.) HOW TO CURE YOUR MORTGAGE, DEFAULT (Bring it unto date) NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender oil your property located at: 1S SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the follotwing months and the following amounts are now past due: $867.73 due 12/112111, $867.73 due 111/2012, $867.73 due 2/1/2012. $807.73 due 3/1/2012, $867.73 due 4/1/2012.5867.73 due ;/1/2012, 5867.73 due 6/12012.5867,73 due 7/1/2012, 5867.73 due 8/t/2012, $867.73 due 9/1/2012.$869.64 due 10/1/2012,$869.64 due 11/1/2012,$869.64 duo 12/l/2012,$869.64 due 1/1/2013, and $869.64 due 211/2013 Other charges: _Late Chime. s - $,431 TOTAL AMOUNT PAST DUE: $13.4565 HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER. WHICH 1S $13,456.50, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES, WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. P t+�utt mast s le e�tl ec br cap e t hie ° cl o ° ca `41ed chuck o no is • or cs t ade, navablenr sent to Sovereign Bank, N.A. PO Box 12649 Reading PA 19612 Y 911 DO NOT C1JR13 T171C DE F T -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, div, lender i nt�uid� tc� e�crrc" c ita.ri + nts a celerat , ti In orteatto debt. This means that the entire outstanding balance of this debt ivill be considered duc immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past duc is not made within THIRTY (30) DAYS, the tender also intends to instruct its attomcys to start legal action to foreclose upon Your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys. but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the nmsonable attorney's fees that tt'ere :actually incurred, 111r to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually htcurred by the lender evcin if the) cxcecd $30.00. Any attorney's fees will be added to th�'omount )ou otwo the lender, which may also include other reasonable costs. wnr cn c+ t ac i u`' i h . • It1 ` ;fl 1� AY ac i 1 t tt° if not be required to nav attornew's fees I'.1A0 Ur V1 ON, 12 OTHER LENDER REMEDIES --The lender may also sue you personalty for the unpaid principal balance and all other sums duc under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and l fel t , .. 2t any tilztct u to one hour before the You ingy dogg by' p,10na dio loot ni iomit, then Vast duc. plus am• late or other charges lben duc, reasonable attomey's fees and costs connected %vith the foreclosure sale and iniv other costs eomtected with the SligriIT's Site , Ia soccified ill waiting by the londcr and by laarfotinin F Aloy,otheg requirements under the moilyec Curing your default in the mummer set forth in this notice will restore % mortgage to the same position as ifyou had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE, DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course. the amount needed to cure the default will increase the longer you N\•ait. You may find out at any time exactly what the required payment or action will be by contacting the lender. IJOW TO CONTACT THE LENDER: Name of Lender; SQvcrcjgn Bank, N.A. Address' 601 RENN STRE MAILCODE 10 6438 -WO7 READING, PA 19601 Phon un ber: 1- 888 -06 -13101 Fax Number• I -999-X36 -8830 Contact Person: TERESA D— FF._IFSUS E -Mail Address: MORT (YAGEDEFAULTirSOVEREIGNBANK.(:OM EFFECT QF SHERIFF'S .SALE -- You should realize that a Sheriff's Sale will end )-our ownership of the mortgaged property and your tight to occupy it. If you continue to live in the property aver the Sheriff's Sale, a lawsuit to remove you and ) furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attoniey's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO TI IE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTI IER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. I'.a.Ao 91 In ca 4£:.12 �. HEMAP Consumer Credit Counseling Ag CUM,6ERL'ANDtounty. Report last updated: 08/ 13 01:18 DM Community Action Commission of Capital Region CCCS of Western PA 1514 Derry Street 2000 tinglestown Road Harrisburg, PA 17104 Harrisburg, PA 17102 c_ 717. 232.9757 888.511 -2227 x Maranatha PA Interfalth Community Programs Inc 43 Philadelphia Avenue 40 E High Street Waynesboro, PA 1,7268 Gettysburg, PA 17325 717.762 -3285 717 -334 -1518 a PHFA 211 North Front Street Harrisburg, PA 17110 t 717 -780 -3940 800- 342.2397 { s k y; r 7 . (!�Cnu sir C'ovu�.•liny ,l�uei: ,„ „e... ...., >.......<., .. . - Cumb•r15nd Ciunl�' EXH I BIT "B" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, ALESSIA LOUISE AVARA, Heir of CARL J. AVARA, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 6316 STEPHENS CROSSING, A /K/A 6316 STEPHENS XING, MECHANICSBURG, PA 17050 -2338, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1 ] 41 et seq., which may be instituted by SOVEREIGN BANK, SB/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK, F/KJA HARRIS SAVINGS ASSOCIATION, involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriffs sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise ' payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff s sale of the mortgage premises. r : 3 � � }y/ /1)j „ Dater - Ws' VARA, Heir of CARL J. AVARA, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, LEIGH ANN FOX, Heir of CARL J. AVARA, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 6316 STEPHENS CROSSING, A/K/A 6316 STEPHENS XING, MECHANICSBURG, PA 17050 -2338, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by SOVEREIGN BANK, S/B/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK, F/K/A HARRIS SAVINGS ASSOCIATION, involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff s sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. f ti Date: 3S3 c / LEIGI . N Heir ofd R= J. AVARA, Deceased .�. VERIFICATION I, Heather Solley, hereby state that I am Foreclosure Administrator of SOVEREIGN BANK, N.A., Plaintiff in this matter, that he /she 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 of his/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. DATE: Nat Heather Sol leY/ Title: Foreclosure Administrator SOVEREIGN BANK, N.A. File #: 301074 Name: TINA AVARA File #: 301074 ALR.C.P. 205.5 Updated 01/01 /2011 FORM 1 IN THE COURT OF COMMON PLEAS . SOVEREIGN BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA, f Plaintiff(s) z k Z5 r TINA L. AVARA, Individually and inher capacity as Heir of CARL J. AVARA, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, Y n AND ALL PERSONS, FIRMS, OR = G �4 ASSOCIATIONS CLAIMING RIGHT, TITLE OR D t INTEREST FROM OR UNDER CARL J. AVARA, ✓ / J> - QS —< DECEASED 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 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 mustbe 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 nrt 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 conplete 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 soand 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: -� 1 / z Date Allisdl;ZZuel erman, Esq., Id. No.309519 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 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? WK419 till • 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 ❑ �f yes, provide names, location of court, case number & attorney: • Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation automobiles, boats, motorc c�les_): 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 2 Id Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other p rop. p ayment 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: AUTHORIZATION 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) 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 #: 301074 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson . ff J f h E RROTHION011"AR�'l Sheri Jody S Smith �,�A��kEu�n a�4 arar�Pacrr� ?013 AUG 23 I �2. r- Chief Deputy �+� � ZJ Richard W Stewart �� �r�.i��:,f=rM.���fr.w CUMBERLAND CUMBERLAND COUNTY Solicitor PENNSYLVANIA Sovereign Bank N.A. Case Number vs. Tina L.Avara 2013-4685 SHERIFF'S RETURN OF SERVICE 08/15/2013 08:36 PM - Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Tina L. Avara at 6316 Stephens Crossing, Hamden Township, Mechanicsburg, PA 17050. AMANDA COBAUGH, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, August 20, 2013 RON _ R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Iro, OF Tf�pR� U�FI�L. rHONO TA R`r` 2313 SEp -5 AN 10: 01 CUMBERL Atil) PE"S YLVA NIA T Y Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 ` Attorney for Plaintiff SOVEREIGN BANK, SB/M TO WAYPOINT COURT OF COMMON PLEAS BANK, F/K/A HARRIS SAVINGS BANK, F/K/A CIVIL DIVISION HARRIS SAVINGS ASSOCIATION IS NOW KNOWN AS SOVEREIGN BANK,N.A. NO. 13-4685-CIVIL vs. CUMBERLAND COUNTY TINA L. AVARA, Individually and in capacity as Heir of CARL J. AVARA, Deceased ET AL. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, SOVEREIGN BANK, SB/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK, F/K/A HARRIS SAVINGS ASSOCIATION IS NOW KNOWN AS SOVEREIGN BANK, N.A., respectfully requests that this Honorable Court enter an ORDER granting Plaintiff's Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. On. August 27, 1987, CARL J. AVARA and KAY F. AVARA made, executed, and delivered a mortgage upon the premises at 6316 STEPHENS CROSSING, A/K/A 6316 STEPHENS XING, MECHANICSBURG, PA 17050-2338. 794836 2. The loan is in default as payments due December 1, 2011 and each month thereafter are due and unpaid. 3. Mortgagor CARL J. AVARA died on December 28, 2007. Attached hereto marked as Exhibit"A" is a copy of the Lexis Nexis Search verifying the date of death. 4. Plaintiffs representative contacted the Register of Wills of CUMBERLAND County as well as WORCESTER County in MD, and was informed that no estate has been raised on behalf of the decedent mortgagor. 5. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate the heirs of CARL J. AVARA. Plaintiffs investigation was unable to confirm heirs. Attached hereto, marked as Exhibit `B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 6. Plaintiff obtained a copy of the Obituary regarding CARL J. AVARA, published in The Patriot-News on December 31, 2007. The Obituary advised that CARL J. AVARA is survived by his wife, TINA L. MORELLI AVARA, and his two daughters, LIGH ANN FOX and ALESSIA LOUISE AVARA. Attached hereto, marked as Exhibit "C" is a copy of the Obituary. 7. By letter dated February 26, 2013, Plaintiff contacted LEIGH ANN FOX, ALESSIA LOUISE AVARA and TINA L. AVARA to inform them of the foreclosure action. Plaintiff attached with its letter a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested information regarding the heirs of CARL J. AVARA. Attached hereto, marked as Exhibit "D" is a true and correct copy of Plaintiffs letter. 794836 8. By executed waiver(s), LEIGH ANN FOX and ALESSIA LOUISE AVARA waived their right to be named as a defendant in the foreclosure action. Said waiver(s) are attached as Exhibit "E ". 9. On August 9, 2013, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "F" is a true and correct copy of the Complaint in Mortgage Foreclosure. 10. Plaintiff named as a defendant, the unknown heirs, successors, assigns, and all persons, firms or associations claiming right, title or interest from or under the decedent record owner in order to ensure that all possible parties with an interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property is conveyed by any future sheriffs auction. See Exhibit "F". 11. Because there may be parties with an interest in the mortgaged premises that are unknown,Plaintiff must effectuate service through Special Order of Court. 12. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that choose: "No Judge has previously entered a ruling in this case. 13. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on August 26, 2013, and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's August 26, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.32(9), is attached hereto, made part hereof, and marked as Exhibit "G". 794836 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 difecting service of the Complaint, and all future pleadings, by regular mail, by posting of the mortgaged premises, and by publication. Respectfully submitted, PHELAN 14ALLINA P Date: By: 1 F. Zuck n, Esq., Id. No.309519 orne o ai tiff 794836 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 21.5-563-7000 Attorney for Plaintiff SOVEREIGN BANK, S/B/M TO WAYPOINT COURT OF COMMON PLEAS BANK, F/K/A HARRIS SAVINGS BANK, F/K/A CIVIL DIVISION HARRIS SAVINGS ASSOCIATION IS NOW : KNOWN AS SOVEREIGN BANK,N.A. NO. 13-4685-CIVIL vs. CUMBERLAND COUNTY TINA L. AVARA, Individually and in capacity as Heir of CARL J. AVARA, Deceased ET AL. MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber. Inc. v. Major, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal 794836 denied, 525 Pa. 582, 575 A.2d 113 (1990). Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the investigation that has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. Attached hereto, marked as Exhibit"B" is a copy of the Affidavit of Good Faith Investigation. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer v. Diehl, 130 Pa.Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriff's sale. Title companies customarily require foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. Finally, Plaintiff is seeking only to enforce an in rem judgment through the foreclosure of the mortgaged premises and is not pursuing a deficiency judgment in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the requested relief. PHELAN HA —0 U. By: Allison Date: Ail isojT+--fuckerman,Es.A., Id.No.309519 Attorney for Plaintiff 794836 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff SOVEREIGN BANK, S/B/M TO WAYPOINT COURT OF COMMON PLEAS BANK, F/K/A HARRIS SAVINGS BANK, F/K/A CIVIL DIVISION HARRIS SAVINGS ASSOCIATION IS NOW KNOWN AS SOVEREIGN BANK,N.A. NO. 13-4685-CIVIL VS. CUMBERLAND COUNTY TINA L. AVARA, Individually and in capacity as Heir of CARL J. AVARA, Deceased ET AL. CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for Special Service was served by regular mail on Defendant(s) on the date listed below: TINA L. AVARA 6316 STEPHENS CROSSING, A/K/A 6316 STEPHENS XING MECHANICSBURG, PA 17050-2338 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CARL J. AVARA, DECEASED 6316 STEPHENS CROSSING, A/K/A 6316 STEPHENS XING MECHANICSBURG, PA 17050-2338 PHELAN HALLINAN, L Dated: By; A ison . Zucke an, Esq., Id.No.309519 Abpifey for Plaintiff 794836 Exhibit. "A" Page 1 1 OF 1 RECORD(S) Death Record This data is for informational purposes only. This data is for informational purposes only. Decedent Information Name: AVARA, CARL J Address: PA CUMBERLAND COUNTY LexlD(sm): 93622787 Decedent Personal Information SSN: Age: 66 Date Of Death: 12/28/2007 Verified Date of Birth: 01/1941 Key High Risk Indicator. These symbols may prompt you to investigate further rlModerate Risk Indicator. These symbols may prompt you to investigate further FA General Information Indicator. These symbols inform you that additional information-is provided. The most recent telephone listing as reported by the EDA source Important:The Public Records and commercially available data sources used on reports have errors.Data is sometimes entered poorly,processed incorrectly and is generally not free from defect.This system should not be relied upon as definitively accurate.Before relying on any data this system supplies,it should be independently verified.For Secretary of State documents,the following data is for information purposes only and is not an official record.Certified copies may be obtained from that individual state's Department of State. Your DPPA Permissible Use is: Debt Recovery/Fraud Your GLBA Permissible Use is: Fraud Prevention or Detection Copyright® 2013 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Exhibit "B" AFFIDAVIT OF GOOD FAITI-I INVESTIGATION File Number: 301074 Attorney Firm: Phelan,Hallinan&Schmieg,LLP Subject: Carl J.Avara Property Address: 6316 Stephens Crossing A/K/A 6316 Stephens Xing,Mechanicsburg, PA 17050 Possible Mailing Address: 6316 Stephens Xing,Camp Hill,PA 17011 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be.true and correct Carl J.Avara-xxx-xx-i B. EMPLOYMENT SEARCI i Carl J.Avara-A review of the credit reporting;agencies provided no ernployrnent information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Carl J.Avara reside(s)at:6316 Stephens Xing,Mechanicsburg,PA 17050. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE..SEARCH Our office searched directory assistance databases,which had.no Listing for Carl J.Avara, B. On 10-04-12 our office searched directory assistance databases,which had no phone Number for Carl J:. Avara.Our office was unable to locate any heir for Carl J.Avara. Ill.OBITUARY SEARCH A. Attempted to find obituary via http://oa.newsbank.corn. B Found obituary published December 31,2007 in the Patriot-News,The(Harrisburg,PA).See attached. IV.INQUIRY OF HEIRS AND NEIGHBORS On 1.0-04-1.2 our office was unable to locate ariy information for I.,eigh Ann Fox,relative of Carl J.Avara. On 10-04-12 our office was unable to locate any information for Alessia Louise Avara,relative of Carl J. Avara. On 10-04-1.2 our office was unable to locate any information for Nala,relative of Carl J.Avara. On 10-04-12 our office was unable to locate any information for Joey,relative of Carl J.Avara. On 10-04-12 our office attempted to contact Kay F.Avara,potential relative of Carl J.Avara at:6316 Stephens Xing,Mechanicsburg,PA 17050,but was unable to get any phone number for.liirn. On 10-04-12 our office attempted to contact Leigh A,Avara,potential relative of Carl J. Avara at:5027 Northeast Everett Street,Portland,OR 97213,but was unable.to get any phone number for her. On 10-04-1.2 our office made several phone calls in are attempt to contact Tina L.Avara,relative of Carl J. Avara at(717)766-4275,6316 Stephens Xing,Mechanicsburg,PA 17050:answering.n-tachi.ne. On 10-04-12 our office made a phone call in an attempt to contact Roscarol E.ICennedy,potential relative of Carl J.Avara at(717)770-1333,811 Carol Circle,New Cumberland,PA 1.7070:Our office spoke with an unidentified male who could not confirm any heir information for Carl 1.Avara. On 10-04-12 our office made several phone calls in an attempt to contact Louise C.Morelli,potential relative of Carl J. Avara at(717)533-2035,2.15 West Chocolate.Avenue,Apartment 3E,Hershey,PA 17033:answering machine. On 1.0-04-12 our office made several phone calls in an attempt to contact Cocetta J.Avara,potential. relative of Carl J.Avara at(410)641-6661,12 Mallard Drive West,Berlin,MD 21811:no answer. On 10-04-12 our office made several phone calls in an attempt to contact Laurel E.Wood,neighbor of the subject at(71.7)458-8712,6315 Stephens Xing,Mechanicsburg,PA 17050:answering machine. On 10-04-12 our office made several phone calls in an attempt to contact Joseph J.Tamanini Jr.,neighbor of the subject at(71.7)766-7049,6317 Stephens Xing,Mechanicsburg,PA 17050:answering machine. On 10-04-12 our office made several phone calls in an attempt to contact Diane M.Zeiger,neighbor of the subject at(717)796-1461,6314 Stephens Xing,Mechanicsburg,PA 17050:answering machine. Using our white pages database our office was unable to locate any neighbors for 6316 Stephens Xing, Camp Hill,PA 17011.Our office was unable to locate any heir for Carl J.Avara. V.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10-04-12 we reviewed the National Address database and found the following information:Carl J. Avara-6316 Stephens Xing,Camp Hill,PA 17011. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:6316 Stephens Xing,Camp Hill, PA 17011. VI.OTHER INQUIRIES A. DEATH RECORDS As of 10-04-12 Vital Records and all public databases have a death record on file for Carl J.Avara. VII.ADDITIONAI.INFORMATION OF SUBJECT A. YEAR OF BIRTH Carl J.Avara-1941 B„ DATE O.F DEATH Carl J.Avara-12-28-2007 C. A.K.A. Carl Joseph Avara *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.Sec. 4904 relating to unsworn falsification to authorities. /4—i t6 above information is obtained frown available public records and we are ordy liable for the cost of the affidavit. Exhibit "C" ObitsArchivexom Patriot-News, The (Harrisburg,PA) -December 31, 2007 Deceased Name: Carl Joseph Avara Carl Joseph Avara. age 66, of Hampden Township, passed away quietly Friday, December 28, 2007 at his home after a brave battle with cancer. Born January 12, 1941. in Baltii-nore, MD he was a son of the late Simon.and Angelina Diggerstein Avara. He attended the University of Maryland and was a graduate of the University of Baltimore. He refired as area sales .manager for the Mid-Atlantic Region of Exxon-Mobil, was the owner and operator of Capital Petroleum; Kids Toys and Applesauce Daycare, Harrisburg and C.J. Shade Inc., Ocean City, MD. Carl was a former substitute teacher for Cumberland Valley and Camp Hill School Districts. He was a member of St. Katharine Drexel Catholic Church, Mechanicsburg; Bowley's Marina, Chevy Chase, MD; the SPCA and was a supporter of St. Jude Children's Hospital.. He was a former catcher for the Orioles Minor League Team and a former umpire for the Cumberland Valley Girl's Softball League. He was a U.S. Army veteran of the Vietnam War. Surviving are his wife, Tina L.Morelli Avara, two daughters,Leigh Ann Fox of Portland, OR, and Alessia Louise Avara, at home, and several nieces and nephews. In addition to his parents, fie was preceded in death by his first wife, Kay Franklin Avara and a brother Salvator6 Avara, He is also survived by Nala and Joey. Mass of Christian Burial will be celebrated at 10: 30 AM Thursday in St. Katharine Drexel Catholic Church, it Peter Drive,Mechanicsburg. There will be a visitation from 6 to 8 PM Wednesday at Malpezzi Funeral Home, 8 Market Plaza Way, Mechanicsburg, where recitation of the Rosary will be at 7: 30 PM. Memorial contributions may be made to the Humane Society of Harrisburg, 7790 Grayson Road, Harrisburg, PA 17111. www.humanesocietyhbg.org To sign the online guest book visit malpezzi funeralhome.com Patriot-News,The (Harrisburg,PA) Date: December 31, 2007 Edition: .FINAL Page: B04 Record Number 2327527 Copyright, 2007,The Patriot-News Co. All Rights Reserved. Used with permission, Exhibit "D" SIM ,5 PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)320-0007,Ext. 1241 Fax:215-563-3352 February 26,2013 LEIGH ANN FOX,Heir of CARL J.AVARA,Deceased 5027 NE EVERETT ST PORTLAND,OR 97213-3030 ALESSIA LOUISE AVARA,Heir of CARL J.AVARA,Deceased 6316 STEPHENS CROSSING,A/K/A 6316 STEPHENS XING NMCHANICSBURG,PA 17050-2338 RE: CARL J.AVARA and KAY F.AVARA; 6316 STEPHENS CROSSING,A/K/A 6316 STEPHENS XING,MECHANICSBURG,PA 17050-2338; SOVEREIGN BANK,N.A; PHS#301074 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan, LLP represent SOVEREIGN I BANK, SB/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK,F/K/A HARRIS SAVINGS ASSOCIATION,the holder of the mortgage against the above-referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed of CARL J. AVARA's unfortunate death. We are sorry for your loss. As a possible heir of CARL J. AVARA, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such,Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. It is our understanding that ALESSIA LOUISE AVARA may be a minor.In the event ALESSIA LOUISE AVARA is a minor,it will be necessary for her parent or legal guardian to execute the waiver on her behalf. I have enclosed an extra waiver to account for this scenario. * This.firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However,if the Waiver is not timely returned and it is believed that you are an heir of the decedent,then our office may have no choice but to name you as.a defendant in the action in order to divest any ownership interest you may have in the property. Our Office also requests that you please provide us with any additional heir information for CARL J. AVARA,Deceased. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. We would encourage you to contact your own attorney in regard to this matter. If you would like to request a payoff or reinstatement figure, please call(215) 563- 7000, and ask for the Foreclosure Resolution Department. If you have any other questions regarding this letter,please contact a representative of our firm's Decedent Department at j (215)320-0007,Ext. 1241 s Sincerely,. Allison; ".Zoe'. Esq., Id.No.309519 Mtom , or..:lain F S y f r i t i *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. i } WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION 1,LEIGH ANN FOX,Heir of CARL J.AVARA,Deceased,hereby acknowledge that I may have an ownership interest in the property located at 6316 STEPHENS CROSSING,A/K/A j 6316 STEPHENS XING, MECHANICSBURG, PA 17050-2338,in accordance with Section 301(b)of the Pennsylvania Probate,Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by E Pa.R.C.P, 1141 et seq.,which may be instituted by SOVEREIGN BANK, S/13/N4 TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK,F/K/A HARRIS SAVINGS ASSOCIATION,involving said property,which property was owned by the decedent at the time of his death. I hereby� consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriffs sale of the mortgage premises. I Date: LEIGH ANN FOX,Heir of CARL J. AVARA,Deceased i I t WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, ALESSIA LOUISE AVARA,Heir of CARL J.AVARA,Deceased,hereby acknowledge that I may have an ownership interest in the property located at 6316 STEPHENS CROSSING,A/K/A 6316 STEPHENS XING,MECHANICSBURG,PA 17050-2338, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as p rovided by Pa.R.C.P. 1141 et seq., which maybe instituted by SOVEREIGN BANK, S/B/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK, F/K/A HARRIS SAVINGS ASSOCIATION, involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: ALESSIA LOUISE AVARA,Heir of CARL J. AVARA, Deceased i WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, ALESSIA LOUISE AVARA, Heir of CARL J. AVARA,Deceased,hereby : acknowledge that I may have an ownership interest in the property located at 6316 STEPHENS CROSSING,A/K/A 6316 STEPHENS XING,MECHANICSBURG,PA 17050-2338, in accordance with Section 301(6) of the Pennsylvania Probate,Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq.,which may be instituted by 4 SOVEREIGN BANK, S/B/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK, F/K/A HARRIS SAVINGS ASSOCIATION, involving said property,which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, ; including but not limited to the Sheriff s.sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. s a; I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriffs i sale of the mortgage premises. ; i Date; B y E (print name} ._.:- (sign name) Parent and/or Legal Guardian ALESSIA LOUISE AVARA, Heir of CARL J. AVARA, Deceased t; s F 4 Exhibit `4E" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION 1, ALESSIA LOUISE AVARA,Heir of CARL J. AVARA,Deceased,hereby acknowledge that I may have an ownership interest in the property located at 6316 STEPHENS CROSSING,A/K/A 6316 STEPHENS XING, MECHANICSBURG,PA 17050-2338, in accordance with Section 3)0 1(b)of the Pennsylvania Probate,Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq.,which may be instituted by SOVEREIGN BANK, S/B/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK, F/K/A HARRIS SAVINGS ASSOCIATION,involving said property,which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff s sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriffs sale of the mortgage premises. r Date: A0 ALESSIA L IS WVARA,Heir of CARL J. AVARA,Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION 1,LEIGH ANN FOX,Heir of CARL J.AVARA,Deceased,hereby acknowledge that I may have an ownership interest in the property located at 6316 STEPHENS CROSSING,A/k/A 6316 STEPHENS XING,MECHANICSBURG,PA 17050-2338,in accordance with Section 301(b)of the Pennsylvania Probate,Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as adefendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq.,v,,hich may be instituted by SOVEREIGN BANK, S/B/M TO WAYPOINT BANK,F/K/A HARRIS SAVINGS BANK,F/K/A HARRIS SAVINGS ASSOCIATION,involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: LEIGH FOX Heir of C', J. AVARA,Deceased Exhibit "F" c 2d o n: PHELAN HALLINAN,LLP Allison F.Zuckerman,Esq.,Id.N0.309519 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 215-563-7000 SOVEREIGN BANK,N.A. 824 NORTH MARKET STREET COURT OF COMMON PLEAS SUITE 100 WILMINGTON,DE 19801 CIVIL DIVISION Plaintiff TERM NO. 13-q(/ f% TINA L.AVARA,Individually and in her capacity as Heir of CARL J.AVARA,Deceased CUMBERLAND COUNTY 6316 STEPHENS CROSSING,AAUA 6316 STEPHENS XING MECHANICSBURG,PA 17050-2338 UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CARL J.AVARA,DECEASED 63168 ivy -X E NS XING MECHANICSBURG,PA 17050-2338 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE We hereby�..... File#: 30I074 ow"mpy of ft Supreme Court-of Pennsylvania Couf vdColtfil I Pleas For Prothonotary Use Only: it1Get C>CJIYIBE County Docket No: Q � f. The information collected on this form is used solely far court administration purposes. This form does not su lement or replace the .li i "and service ofp leadiri s or other papers as re ;y ed b i law or rules qf.court. 1 Commencement of Action: S 0 Complaint ❑ Writ of Summons ❑Petition ❑Transfer from Another Jurisdiction ❑Declaration of Taking Lead Plaintiff's Name: SOVEREIGN BANK,N.A.. Lead Defendant's Name: TINA L."ARA,Individually and in C her capacity as T Heir of CARL J.AVARA,DECEASED I ' Q Are money damages requested? ❑Yes 0 No Dollar Amount Requested: 0 within arbitration limits N Check one) 9 outside arbitration limits Is this a Class Action Suit? ❑Yes 9 No Is this an MDJAppeal? ❑Yes Q No A Name of Plaintiff/Appellant's Attorney: Allison F.Zuckerman,Esq.Id.No 309519,Phelan Hallinan LLP ❑Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your µ PRIMARF CASE.If you are making more than one type of claim,check the one that yop 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 S include mass tort) ❑Employment Dispute: ❑Slander/Libel/Defamation Discrimination E ❑Other: ❑Employment Dispute:Other ❑Zoning Board C ❑Other: T I MASS TORT ❑Other: Q ❑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 ❑Mortgage Foreclosure:Commercial ❑Quo Warranto ❑Dental ❑Partition ❑Replevin ❑Legal ❑Quiet Title ❑Other: ❑Medical ❑ Other: ❑Other Professional: P&R.CP.205.5 Updated 0110112011 FORM I IN THE COURT OF COMMON PLEAS SOVEREIGN BANK,N.A. OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. TINA L.AVARA,Individually and inher capacity as Heir of CARL J.AVARA,Deceased UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CARL J.AVARA, DECEASED 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 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 mustbe 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 cut 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 soand 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 Esq.,Id.No.309519 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 Borrower names): Property Address: City: State: Zip: Is the property for sale? Yes Fl No Q Listing date: Price: $, Realtor Name: Realtor Phone: Borrower Occupied? Yes;❑ No (� Mailing Address(if different): N City: State: tin: Phone Numbers: Home.-, Office: . Cell: Other: Email: #of people in household: How long? t 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 Owcd.: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1:Model: Year: t Amount owed: Value: . Automobile#2:Model: Year: Amount owed: Value: Other transportation(automobiles boats motorcycled Model: Year: Amount owed: Value ` Monthly Income Name of Employers: 1. Wnthly Gross Monthly Net 2. Monthly Gross Monthly Net 3., Monthly Gross Monthly Net Additional Income Description(not wages): 1• _M oaithly amount: ' 2., monthly amount: Borrower Pay Days: Co-Borrower Pay Days: 3 Monthly Expenses: (Please only include expenses you are currently paying) ? EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food { 2° Mort Me Utilities Car Payment(s) Condo/Nei h.Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop.pymeni Install. Loan Payment Cable TV Child Su ort/Alim. -..Spending Mone Da /Child Care/Tuit. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): . Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP) assistance? Yes❑ No❑ t 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? F 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:: E Servicing Company(Name): Contact:. . Phone: I/We, ,authorize the above named Jo 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) 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 i the Court your defenses or objections to the claims set forth against you. You are warned that if ' 5 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 k 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 w CUMBERLAND COUNTY BAR ASSOCIATION o CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File 4: 301074 i PHELAN HALLINAN,LLP Allison F.Zuckerman,Esq.,Id.No.309519 161.7 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF i Philadelphia,PA 19103 215-563-7000 SOVEREIGN BANK,N.A. 824 NORTH MARKET STREET COURT OF COMMON PLEAS SUITE 100 ; WILMINGTON,DE 19801 CIVICDIVISION ` Plaintiff TERM V. NO. r TINA L.AVARA,Individually and in her capacity as Heir of CARL J.AVARA,Deceased CUMBERLAND COUNTY 6316 STEPHENS CROSSING,A/K/A 6316 STEPHENS XING MECHANICSBURG,PA 17050-2338 UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CARL J.AVARA,DECEASED 6316 STEPHENS CROSSING,A/K/A 6316 STEPHENS XING MECHANICSBURG,PA 17050-2338 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE File 4: 301074 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 t 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. t YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO z NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1 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#: 301074 1. Plaintiff is SOVEREIGN BANK,N.A. 824 NORTH MARKET STREET SUITE 100 WILMINGTON,DE 19801 2. The name(s) and last known address(es)of the Defendant(s)are: TINA L.AVARA, Individually and in her capacity as Heir of CARL J.AVARA,Deceased 6316 STEPHENS CROSSING,A/K/A 6316 STEPHENS XING MECHANICSBURG,PA 17050-2338 i UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CARL J.AVARA,DECEASED 6316 STEPHENS CROSSING,A/K/A 6316 STEPHENS XING MECHANICSBURG,PA 17050-2338 who is/are the real owner(s) of the property hereinafter described. 3 On 08/27/1987 CARL J. AVARA and KAY F. AVARA A/K/A KAY J. AVARA made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF,which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County,in Book 878,Page 1061.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4, Sovereign Bank, s/b/m to Waypoint Bank,f/k/a Harris Savings Bank, f/k/a Harris Savings Association, is now known as Sovereign Bank,N.A. 5: The premises subject to said mortgage is described as attached. File#: 301074 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified ' S C by written notice sent to Mortgagor,the entire principal balance and all interest due s thereon are collectible forthwith. 7, The following amounts are due on the mortgage as of 05/20/2013: Principal Balance $39,888.71 Interest $1,462.40 11/01/2011 through 05/20/2013 Late Charges $554.40 Property Inspections $165.60 z Escrow Deficit $8,665.03 TOTAL $50,736.14 i 8;. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s) in the Action;however,Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of 2 Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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)on-the date(s)set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s)has/have failed to meet with File#: 301074 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. Notices of Intention to Foreclose are included and designated as Exhibit"A 11. KAY F.AVARA A/K/A KAY J. AVARA was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of KAY F. AVARA A/K/A KAY J. AVARA's death on or about 03/13/1993,her ownership interest was automatically vested in the surviving tenant by the entirety. 12, Subsequently,title to said premises is vested in Tina L. Avara,by Deed from Tina L. Avara,executrix of the Estate of Carl J. Avara, dated 04/19/2011,recorded 06/09/2011 in Instrument#201116391. I 13. Mortgagor CARL J. AVARA died on 12/28/2007, and upon information and belief,his surviving heirs are TINA L.AVARA,LEIGH ANN FOX, and ALESSIA LOUISE AVARA. 14., Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY, DAUPHIN COUNTY and WORCHESTER COUNTY,BERLIN MD and was informed that no estate has been raised on behalf of the decedent mortgagor. 15. By executed waivers, LEIGH ANN FOX and ALESSIA LOUISE AVARA waived their right to be named as a defendant in the foreclosure action. Said waivers are attached as Exhibit" B ". File#: 301074 16. Plaintiff hereby releases CARL J. AVARA and KAY F. AVARA A/K/A KAY J. AVARA, from liability for the debt secured by the mortgage. 17. Plaintiff does not hold the named Defendant, TINA L. AVARA,personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant in the aforesaid real estate only, and the Defendant has been named in accordance with the requirements of Pa.R.C.P. 1144(a)(2)and 20 Pa.C.S.A. § 301(b). File#: 301074 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s)in the sum of { $50,736.14,together with interest,costs,fees,and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN I-I'A'.1 > ;LP By:_ _ "stl.,Id.No.309519 F ti orr e. for Mi. File 4: 301074 LEGAL DESCRIPTION Ail THAT CERTAIN lot of land situate In the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly described as follows; BEGINNING at, a p.ctnt can. the eastern line of ,Steohenta Crossing, which point is the line diViding L6ts No. 78 and 79,. on the here*Inafter mentioned Plan of Lots; 'thence along the said Une south 85 egrees 47 minutes east, One Hundred TweAty-Five (125) 'feet to a point, thenoe 8100th 04 degrees .28 lrwinutes % aeconds eaaty Sixty-Eight and Ninety- .Nine One-gundredths (68.»gq) feet to a point on, the line dividing., Lots No. 79 and 80; thence alo6g the said line south Vg degrtes 38 minutes 45 seconds west, 04e Hundred Twehty-fine and Thirty=One One- Hundredths (I21.31)Peet to a paint on the eastern; l..i,ne of Stephen's Crossing; thence along Stephents, Crossing north lO degrees 21 ininutes l5 peconds nest, forty-Two and 'Twenty-Trio One-Hundredths (42.22) feet to a point,*, thence-- continuing along the same in a northerly di.rect"i:on can ,a Curve to the right` having .a radius Of 2 01,. an are distance df Fifty»Eight and Forty-�N,ine Ohe-Hundredths (58,49) feet to a poi t� the pl:a ce. oi Begiz7rll:ng, BEING Lot No. 79, Plan 4, of The Village of Westover, which Plan is recorded in the Cumberland County Recorder's Office in Plan 'Book 23, Page 22.• BEING the same prcmi4es whitti Daniel Marvin .and Katherine Ann Marvin, his wire, by deed elated June 20, 1974 and recorded in the Cumberland CosLnty Recordor's Office in Deed Hook R-25, Page 90, granr_Pd and conveyed unto Cart .7. Avara and Kay J. Avara, who is aLbo known as Kay r. Avara, his wife, mortgagors herein. NAV[NG thereon erected &`dwelling 'rouse known and numbered as 6316 Stnpl ens Crossing. UNDER AND S:X3ECT, NF'VEW.HELESS, to restrict.nuns, cor:dition,4 o%d ensumenrs of pries record pertAining to timid prenisez- Tits MOR'T'GAGORS represent and warrant that neither of the parr ter, hereto,)ran hart+tollore instituted divorce proceedings again4t the other and it ii; further agreod that On: lien, operation and effect of this mortgage S::ou d not 6e changed in any manner an a result of or part of any property ae.tttement or cquitab'le distri:wtior by the court. in any divorce proceedings now or hereafter instituted by either of the mortgagoro hereto against the other_ PROPERTY ADDRESS: 6316 STEPHENS CROSSING,A/K/A 6316 STEPHENS XING, MECHANICSBURG,PA 17450-2338 PARCEL#10-18-1323-019 Pile f#: 301474 v. . v.. •yi�v{•v. !:Y'. 6 • .j.�... .. .MV �. ..v�:'`i ., c s e--. .. .. V i I�t f 1' f. l � z i 4 L�Y.112c)ORl ALE.SSiALOO Sk,AVARA (5316 STEPHENS CROSONG Y1i7CIuvNICSI3uR(),PA MY ACT 91 NOTICE TAI'.E ACTION TO SAVE YOUR HOME, FROM FORECLOSURE `i liis i antsi vs✓fs ['r�s�fi itin i ".rrti if . �; tt mou��r ho�n� 'itan 6r11li'1_Ara6ih ;iIdir?Iia.lctlakt-6, iltr4ul(� c. Jc a:iie ilrfds,ltali + .t111t�it1 Elie ,rt itA rrd'.(lit(luAl tll'.is o ovid"41 ill i13� tti t,ar�:a1 rra �i:�;: 9`11clit i��it�i}1�iiii Ct'S. yt 'lt iT GY1•�t7lt'i'Crt�Cr JSi514'.l-AL nt:ly be ahlc iii AN, LTi 1i v(+t Illill'4 m)v'1'llc tl t -tarti+11 %Vi1t'1t • , 1 t�_scc if llllhjAj) all lrw to !<tri�Itixsi.l�+Flr 4'l h l'I'lal t'` f1.1 GR Tal 't::A 1�41'l�i i".. Air)EN Y XV1 11 1l rN :t� DAYS 01',7111' 15 T 9 0 (l l l:i.ld"Cl"d'IC'��ati;t.fliis.�l:tt(iut�cyitli .ti"—' 1-ATctl:vou Twopt wilt tlic G(lansclirr ; 4u 1cy: l"liC_It111111_',,il(�(IIV ,jitiil (1'Ii311C.i1.II11lhI;,'-i j l,('IvSt111.l I'_Lt. l�_fltltitil_�,It}(; ,1a:cnclrti. ;c.C�����l;y_tail"t.'utiilt� ill+. Il�lf if 11I (ht,4(I{I (+1 Itll4 Nr,rhts, I i;Xr,ir lit k"i,iu1y_(119Lltli�llti,,y«I•a ia,+ 1�+{I_Ilu" i'i+�l��}"I<<,.I�r.r_t Ir+litillu I Ms Nct10i Cant,du 11ttpartunt legal infot'111060n, If YOU have any C1+1cMUM 7('lareie111iiiims at the C:)nsvrner tier!t C:o"seling Agency maybe able to help explain it You may u.lsu Rant to c(m act au arrorney in your Urea. The,local bnr association may be able to help yon find:a lawyer. LA NC)' IFICACION UN AD)UNTO .I:S`IAE SUNfA INAPORTA\+C:IA, PUBS, AFTCTA ST.{ l;l{Rt.t'1 0 A i UtN'i'INTIJAR VIVIRM30 1 N SU LASA. SI NO {:`"0.M:1).9VN7lDE M. C1:N` x\MO 1:)1:? I STA bX)TI IC;ACI:Usv (a13'!'}:NOA UNA TRAUUCCl0N1 INNWWA7A°(+IE3 72. 3 LAMNUO ESTA AC;i:NMA UWNNSYI,VAN1A T1OTBUIG FI'NANC'E' AC;1!XC%r) :S.Ii` CAI�00S Al.. ititA11.Aw Ivt.i NC:1.G'NADO AIt.1 OA. PUT!DfI SEIt I:1,[:Uil31...T T•ARA '(J.N P}J STAMC) 11OR 1'T, PROGKAN'IA LLXMADO ".1•iOMBOWN-VIVS I:iiY17:iIt(ii i\C bi'()it'1'GAGi: MSSTSTANCE hROGRAM" ' I_ (:UAl. ptri,?,IMF.. SAL VAR ,rill CASA DE i„APURMAbrLT7 MEC11G ARI;T UAIR S1_F1111'()'1'T?C PAX,91 iii.1 OR 12 jfOMBOWNER'S NAN113(S) CARL I AVA kA TINA AVARA KAY FAVARA ALESSIA I,OWSEAVARA AKA KAY I AVAl;LA PROPERTY ADDRI2,SY b1J6 S,7,THENS CTtQWNG PA 17655 LOANAWCT NC).: ORTOINAL LENDYM: THE HARRIS SAYNGS ASS HOMEOWNER'S ENERGENCY MORTG.NGE ASSISTANCE PROGRAM tig 0 f1l XaT0111FIV�A�-. 1 L ASSISTAWT }}7-j X'V!�0 t)'(O-.,A IM IF YOU COMPLY WITITTBE PROVISIONS OF THE 1401VINOWNFIVS E;vlF,R(3FiNCV MORTGAGE ASSISTANCF7 ACT OF 1983 Mll­-."AC r` ),YOU MAY BE I-I'LIGIBIX rORISMERGENCYMORTGAGE ASSISTANCE: IFYOURR Df-,FAEILI*IiASlIrL,17NC.AIISL7DRY CIRCtiMSI'AVCI-ISBFYONJ)Yot]R CONTROL. WYOU 11AVE AR ASONABLE PROSPECT OF BEANCI ABUT TO PAY YOUR MO)VIGAGE, PAYNILNTS,AND TI;Y'0LfMCF.ToTIlFR r�T,,IGIBILI'I'-Y"RL--C)UIREMENT'SES'rAriLlSfiL7DI3YTtiE!PENINSYLVANIAHOUSINC, PIN&N- CLI ACTINCY, rox 'S1 J. 'y� Atrulpap 6ys 1�ryotvz Ing Atliaftoin lhc-dat�ohbiq i�;W this No6co.11.4, j4`lr"'fNd WiRl"o, 71,311.9 AOAJ�Ma M-0 (XVID'C, RMLQ4X4 lag ViN -of kiofi "lli—I i IfF v otpi moli rc AGN LAW -.1.10W ri 61 F,1 b .1, Mlui CIVX }f yt#:*fr#CCs t t'ti"i one of(110 consumcr crcdii counichug, for thirly(3b)days,.Olut the(In(c of uIf f,ill c in*1;: MA I. I olmop -1. or tlIceffil In QVIV Irw linc'tul S It tnc O Sllm 0*1 lit I -.mgtam Applj INtud id tlrc wd or-thl.* (y (.1 wr and (hoy. will �:oo I it"M wil�ijfg afqAAp 4, P,6wi 'I I fN-11fe Plo ICA mvja jfjv. t)j*41g,1,Tv1.h3aIaw1'jl;Aioil, yptyr appljofol A r u J.11IFA, ow alty VIDU ll VOW HAVE.A M#JffiAer 01"I}. 4, TffZ r0yJN'M­Nd Miozyormin�3-1) of POST&I AU t)Atg still 'f1:1.1 ,J;-Hf_y r Vr. )tll *1 ILL 1)E"i 1%,v, jwtv,Y.T tmmto NATA N1174,NVITFqN OF #RWA STARTING _P*,�A5,,V,:AIN P D AB 0 VP�,W I M.1 M, 61N A 4Ir D. I I I­ 11-11.11.-it.� .I I I I : , I ­ `TF -,5 WFORA N, yQ41JR T T�14, . A4,115� ,;n L A(31;NCY AC'I•ION --Available funds for cmergenew mortgage assistance,arc very limited.'Mry will be disbursed by the Agency under the eligibility criteria established by the Act. 'Me Pconsylvatnin housing Finance Agency has sixty(60) days to make a dccisiou aRor it nxcivcs your opplicatiou. During that time, no flyreclosure proc"dings will be pursuer) against you if you have met the timt: rcyuinsments set forth above. You will be notified dirccily by the Pennsylvania Housing Finance Agency of its decision oil your uppliunliun. NOTE: IF YOU ARE CURRENTLY}1RO'I°F.C1TD BY THE FILING Or A PETITION iN BANKRUPTCY,'rli L t7OLLOW ING PART Oil THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SITOULt),401*AE CONSIDERED AS AN ATTEM111: I'O COLLECT 110 DEBT. ltuvc'iticd hankr1tjl14} !Gttn atl11;1, 1 for lxirtOr pg MoriD :AStilslanl; { MORTGAGE DE AULT (H'ingit Lit) to date). ; NATM13 OF"I'1aF._ R itM_ 11it At�iORTCi4 GE dcbt:held by tho above lender an your property located sat: !S SERIOUSLY IN DL•'TAUI.,T because: A. YOU HAVE NOT MAIL MONTBLY MORTGAGE PAYMENTS For the following months and the following ` amotmis arc,now pact due: $867,73 duo 12/1/2011,S1,07,73 due 1/112012,$867,73 due 2/1/201-2,$867.73 due 3/1!2012,$867.73 due 4/1/2012.U67.73 due 5!Ir2017,a&67,7:;.duC f,/!/2p.32;$867.73 due 711,2012.586733 duo 8/1/2012, &67.73 due 911/?O12,069.64 date,1011/7.012;$869,64 dw I I/i/i&*I).5869.64 due 12i1/20I2,S869.64 due 1/1%2013,And$869.64 duo 2/1/2013 OtberchaTcv Lire Chargcs-333; 90� TO'I-AL AMOUNT PAS'!'DUE: $13,456_5 R-1W 10— QUAL. TIIE I):FALi:E T--You may cure the default widtin THIRTY(30)DAYS ofthe date of this notice ; RY PAYING 7'I1H 01'A:T_A-M0 UN7I!AST DUI;-ro Ti-in 1.12NMIR,M TCH IS$13,456.50,PLUS ANY MORTGAGE PAYMU-.NTS AND LA'IT MARGES WHICH HCOMF DUE DURiNG 'THE 'HIIRI'Y (10) DAY Pi?RIOD. 1'i�ytycnt i it2ilst,be�t t c,c}tlZcr I i;}sh,C7iSlatCt'V il1CL_IS>_{crtifLl li!sck�r me .y_oy<1ci n:<a(ti.n tyii,Jc and �Qa_Cm,�;rt I3gnk.N.A. PO Box 12649 Rcadi ng�PA 1_i?6l Z. • Ir,b u 120 no-'r O AC THE QTWA, T--if you do.nail cairt>tlio deJhulr lvi*I TI1)fVr..1((:1111 I)AYS u;tlu;dale of lh) Nt;iica, r- ttl lo dc i a III into _ ' il$ means that the enrin rattstandhig balaucc of ihis debt will ba considered due:immcdiatuly and you:znay lose.ihp eharrec to pay the miattuagc in morahIv iust,llmculs. If full payment of the toutl tunowir il.mt dvo as not.mrtde willun T!1I t'1":>r(10)DAYS,ilia )eudcr Lo aISO intends. iusitaxt its atton neys to start legal action to 1,4(colgs-4 utir3it air iml-ttAligd l pass t tv, iI J`I)I;t+It9ttFftAfrl._I S.}{11t1.1.`LQ)y~FI.?.olli ,-- fli,inortgrs cki-pmpclt}�vvilT'!)i gold byt?tcShcriEitopnyOff flic arlo)tgngc rivlat. t1'tla.,(ctarlCr rof�i .}lour Otis to its at rirney:,bin}'silt GasrC tnc dclangttnnc}•bt fire tae leader begins legal piot;,adiitl(.t ikgAi ttl yov,yotl will still bt;mcivimtt'ro pay the rsasonnble rattcstu y"r.ft«shat wcm actually i,teijIlM.rya to its.00. fdn++,ci c ii`1t'gM prtat:C-idings orc.Star#.ct1 su„a:inst;you,vlu trill Stone to pvy till rcaa0tW6lc 4itont4;i� eC�t ctna;ly ini:uned by rho lender ewc:a if they exceed$50.00, Any atiomoy's fces.vill he.added lot.11W uniLlunl}zatt owe tiiu!,ndc:. which nta> aais0 inchariu other rca.<onai;it:cu<ts. 1)`ynt3 ctuya tbr.tlr.P It cvitlt'tt y-tltb'CI1.I )`a i li)1;_\i'rrcrintl.vetta will taot be rcuuircd to oav attortcv's ibes. i'A het91 Iv Yi Wl1 Q'fli}?R LENDER 1tEMISDIES --'I'hc lender may also sue you personally for the unpaid principal balance and all ether sums due under the mortgage. )!-I�i ICI's"JI.I?_j}PV61T i>1?,.([}It *R),g1-IT?1tjLF'S SALT? --If you have not cuted the default within die FHllt't-Y (30) DAY period and Foreclosure proceedings have begun, yo still have the ri rt to can he def. ulr l :uiJ. pixyuri.II c ti:Ele,it:mv-it tag tO Mq hour lr ura br�,Sllcri) 5{ilk YuE�_n 3s�Ilti�o I;d:vyklz illy 1o1;.tl lhl.2lt!s111t�11U ht &hle— ?p,ti3�:!59rt t n r v' f >.,tea^yc,}ls colI11�1ti Li�i1L'_ri71 i)�tLti�if��;lll(j r dlil, Lllhet,_.engts goilil=tetl,lvtil1 .ltt; lltt'fY'::,Si1d-iF:;lJII,cEliu�tn�+Yii ti;,,lJ�• tlic- onti�r and h�,1lt�rfoltinin �Cty_gJllur regly!'ernems under Olt mortg ac. Curing your dcfaolt iu IJ a tnt:iltscr, sot forth in this nolice will restore your mortgage to the same position as if you lend never dofaulted. 1 Al2l.11s`l+`I'J?',. l3i.P: si`trltflrltrS f,AIX tMj* --it is estimated that the earliest date that such a Sheri/Cs Salo of tlic mortl si�z tl:property colild be held w6old.btsnlillrc ximately six(6)months from the date of this Notice.A notice of the actual date of•the Sheriffs Sale will.be se-ot to you bofom the solo. Of course,tho cunount needed to curt:tic dr&ult will increase the longer you wait. You may find out at any time exactly what the reyaimd payment or action will be by contacting the lender. HOW TO CON'FAC:T THE LENMR; Narita of MA., Mld rek_ t Ll g Ei�l l S T`REET. MAILCODE 10-64:18.VOI READINC3- PA I950`I i'.11ori i*!74)1i 7C,"'1-RR{•{i.5ti 4tJill I'Et7<Nuittlsor; l-RSA-x�la-8&Sp nt ctI t P_cr c�it,• x�t. A ' FS. 115 ta1 � .4:Aso=t►r l2rraitll,r 5!2VF3R lryN ANX.CO K FF71{ l t33`<fiT�.IiTCii�l':S SAI:15--You slrotdd n;alizx;that a ShcrifFs Sale will end your ownership of the mortgaged ` Ill party intl:ypur:iglltto ocGUpy it, If you continua to live in the property alter the Sheriff's Sale,ft lawsuit to remove ''you:tad your frarnisliiill;sWid otherbs:longings could be sta ted by tho lcndorat any time. AS:SIJivl1?'_t( jN ter MO.Et'1`CiilGi .,- You may sell or transfer your home to a buyer or transferee who will assume the rata pyi$e.'A)t;provided that.all the outstanding payrncrits,charges and attomey's fees said costs are paid prior to or at the Sw atldtlalt tllc mortF f1 are satisfied. YUt•1.N4,1Y AL.S'O 1IiMli 'I'I.11i A1611'1: 4. '.l't) SI-".LL THE 1'P.OPER'n" TO Uii"1'MN ,-l0 ,1'Y I'() PAY 0F1 'fl-IF MOttT(i O DEBT OP 1" l;Oltit.C)ty MONUY FROMI r\lVC)'1T IJU,ENMIN6 I'Nti J U'U'l iUTN TO PAY OFF T74IS IM-.1,'I', • I'()JTAVI 1'111S 0EF.UU1,(-l)ltl:t) 13Y ANY T1,111t.0 VAR—CY ACTING ON YOUR 131311ALP. TO.NAYI?'1't3ls fi1C)RT(iACi1"s RESTORE.D TO Tl:ll 5;1iti41.:PUSi i rO.N AS IF NO DEFAULT HAD OCCURRII;P, i1'Y011 CURE 17IE DEFAULT. (HOW11VER,YOT)DO l O''HAVE THIS RIGHT TO CURE YOUR I)FTAULT . NM0RI.'i TIlAN1 TNItF::4'f IME';1 Je'N ANY r'AI,FNDAR Y1 AV,) • 1'(} AS3rR:t 'illJs NONI;XIS'i.'.CiNCI, OF ,c DL''I A'U1 T IN ANY I''t)Itli(:1.(1Sl1itC PitC?(;1?l;lltN<i t}l; ANY OTI 113-1Z LAWS UI'1:1N STTI TT ED UNDER IN 113 h10 1t 'GAG 1.JJC)C:kJ,11I3tvT:i, a 'IO AS.SE'RT ANY 0,1113M, DF,11'l:is:Sfi YVU BEILIFIVE, YOU MAY 1 lAVr TO S1.10A AUJ iON 13Y THE t.,tNI?J�It, TO SJ-,FK J1R0T.l 1-'('Ti'-0N t ".1i11:R Ti-J.EYC171.RAT,BANKRUPTCY LAW, HEMAP Consumer Credit Counseling Agencies CUMBERLAND County A4004 list tuxlW*081012012 Mm PM Community AdlonCommissloa of capital P*gloo CCCSo(WetWe PA 1514 Harry Stmet 7000 l.inglostown Road Harrisburg,PA 17104 Harrisburg,PA 17102 717-792 9757 US-511-2227 hyartartstha PA Interfaith Community Pra;tame inc 43 Philadelphia Avenue 40 E High Street Waynesboro,PA 17768 GettVsburg,PA 17325 717 7SY-3285 717334-1518 PHFA 211 North Front street Harrisburg,PA 17114 717-760-3940 9W-342-2397 a f. J'ILgrnt}f'.,cx rrtFir"�,:a;rsst a:in?,;isx=.l;,av-'y � z f ev � ?trnR t TINA SAMARA r, MECHANICS EN GtN r TAr o�rE ACTI0 , To A n(JR ROME '� ' rae tir Fop ; '�✓1�-t�, M Ali O s mcif !111() 10 nror t rnr A The,-10I abort alsorrt a nrr n rr frr�r r tfre ryt u,e a is fit defirirFt , tr a 1►eQllVf.aP, - " ftlre default is 'rrrd the Ta sec ' trhlela lrt=1'r TCGEUCY rr 'rafricrt itr..' tear er�jilltelirls rfllF�rjAP 1crsau MDt ' CIAt; IAf;E c e aril iri fiiS7,A'ort Mr f iris e ArC►:P . f N S3'aA,Y --�.,.- !? duce" fiai rs lroc. ROr%RAAfi i When r rltr-OA A {3t`�t ».,1�'tfre ,r.o�--... ..-trM fI t air rncel E Ql'TT-iFr N SUMER — r„Hill rr'orlrs ?t'rrarr + tivitfr the T►C E1 IT CO . ttf res ►t' !'otrirsr fill = ntie this I ffstcd it the . llrn to rru errs otfcc , i%irr rc a rr i n .t rFs Gel.apC+ With rail clt.►tI f%=e tics ►. ; list►rice This t-$OR-1 � rr+ r 'tear" "t - `Mitt .attnsclitr Notice conta `"" "~— •ci X 11.1 s !e '[11r ° rarr r elicit S SGI V`!! the Consanrer Cl ins irnlrortarit le ►ers r s wr`tlr ir►j r i ec► ,coif t Corrt;rct edit Counseiin ,gal tnfaranatiort. Ff /rcirrflr y t-1'.'nns,tr r�t?�t Catrrtr nrr nttor,rey in b Agerrc 11 t r►fi"t LA NO Your area. Tfre y may be able au have arty rluestiotrs c ► Rt},t;y+ - . TI F/CgCi ' local Gat oil ekuFain it. you eserrtatives nt A CONT,IV ON F.tv ADJ associatiolt nra AG TtF3CACIgN O V/Ent) UNTC7 F,S DF SWL Y Ge able t P Wray also a hcl want to " ENCi ETE EN SU 1A lflr,p You E:rtd a lativ MEN . A (t'ENNSYL NGA UNA TRAD S! NO OMP�1CIq PUSS qFg yet. LLAAMDOf ADO AEOW - pUE N�USING F,CGIpN lJW PR1 NDE EL t,o CTA SUDEREC n DE SAL HUitq£p urNE QE SER t=L NANCE 1 ATAA jC ?ENII) HO SIN VAR SU CA SA DE LASRDIQCY,BLE l�gRA PRESTAIbl RGOAtV1 DE ESTA N 1.4't'J1 ilrtr0y.r2 A DELOpE GAGE IS Q 1'OIt g � 'UA'ERO RL -1-►O A S TAFVCg p PROCRgiti,A REDtMIR SUHip,TLC EL COAL A. r . i 1 i 1110 HUMCOW�� w W s NCR SN ,, t Atv} tSt. �r CAR1 t AVARA�t KAY F AY pROPERTYAD A141 1 A RA TINA ilVgR t i " x t)RESS;' ` �'JAVI{Ry A!ESSIq f3}�STCplIul i' LOVISIF; i A-pENC ACTI!gN--Available fmidc for cmaigcacy mortgage assistance are very limited.They will be disbursed by i file Agency under the eligibility Criteria established by the Act. Tlic Pennsylvania Housing Fivaiice Agency has sixty(60) d,%vs to make a decision after it receives your applicntion. During that tine,no forcelosuro proceedings will be pursued against yon ifyotl hive met ilia time mquircnteiiis sot Nib nbovu. You will be notified directly by the Pcnusylvmtin Housing 17-lunnce Agency of Its decision oil;our application. t NOTE: IF YOU ARE CURRENTLY PROTECTED BYTHE FILING OF A PETITION IN BANKRUPTCY.THE r FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (Jfvou Ii;i%v liled bonlcnl tct you C i1t still i1 t 11'for Giltcr 4'ncr hlorri;u eAssl�tnllce,) HOW TO CURE YOUR MORTGAGE. DEFAULT (Brinf; it u )to date). NA'I'UR E OP''rij E QUFAIJi.T--The MORTGAGE debl held by the above lender on your property located at: i-416 SIEPI-tFNS rRQS5lbj('I NJEC ANIt"S(1I1RCf QA 1205, IS SERIOUSLY IN DEFAULT beeanSe: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following mouths and the followwing amounts are noiw past duct $867.73 due 12/1/2011,I&W.73 due_I 11/2012.$867.73 duo 2/1/2012.$867.73 due 3/1/2012,$867,73 duc_ 4/1/2012.5867,73 duc 91/2012.$867.73 due 6/l/2(112.$867,73 due 7/j/2012.967,73 due 8/1/1012, $867,73 due 9/1/2012.$869.64 duc 10/l/2012.$369.64 due 11/112012.$869.64 due IVI/2012,$869.64 due 1/112013,and$869.64 due 2/112013 ( Other charges: LaN Cline es-$43 .90 TOTAL AMOUNT PAST DUE; $13.436.5 HOtV TO CIaRr TI-IF 1}i rAUI,T--You jimy cure the dcrault within T141RTY.(30)DAYS of the data of this notice BY PAYING THE TOTAL AMOUNT PAST DUE.TO THE LENDER.WI3ICH IS$13,456.50,PLUS AVIV MORTGAGE PAYMENTS AND LATE CHARGES WHICH RECONIC.DUE DURING; T1iE THIRTY (30) DAY PEIdIOD. Pnwiiwr rs nmm he 11)(0v t;lllterbv c,2,h c"isliiuds chuck cettificd ell cl;o nionut nrciet'sttrtdu,2}'n 1 1' sell t to: Sovereign Bank.N.A. PO Dos 12649 Reading,PA 19612 ii`YtyU f) I<t?j CURB"#'I Ili l}I?i A(11::1'--if you do not cure the defmrt within TfIIRTY(30)DAYS of the date of lids IQotico, rlru'lendu fttendc to c� cire"itq r'+ t! ac lernt . t sa ttiorfrnv deb , This means that the entire outstanding balance of this debt will be cousidertid due immediately and you may lose the chance to pay tite ruortgage iri monthly installments. If full pa}7iicilt of the total autount past duo is not made within THIRTY(310)DAYS,ilia tender also intends to insbuct its attonicys to start legal nctioli to rorectoso uitoli your tnortgaUcd property. )F THE MORTGA013 IS FORECI.OSF N•-Tile mortgaged property will bv'sold by the Slictiffto pay off the ruortgage debt. If lice lender ref4m your ease tv its nitorneys.but you cure the il6riqucncy before the lender begins legal proceedings against you,you will still be required to pay'the masonnble attomuf s fees.that were ncturiily.iucum d,1117 to $50.00. However,if legal proceedings am slatted ogahmt you,you,%All have to pay all rcasoitablo atto;moy's fees actually incurred by the lender ewer,if they onecd$311,010.. Any attoniey's fees will be added to tiro rimomit you otwc the londcr, tviiich may also include other rensonnblecosts. I Cvmi.Sli ro Ilia darnii It w t ! 30 DAY lict Ins[. wn t will pot be requited to L)av attorileves fet*s. PAAi'n fir vi 6x.12 ` OTFif R'LFNDER REMEDIF4 lielcodormay 1lsosuc �oulretson�ll� Mrthe,rutpndlmncrl>all>1t�ncerotdIllotheL sums due under the mortgage Al t2 t" 1 `D FAULT P TO` r �SI4CRI F`C ALE-- If)Ott have not cuLd'Ihe doftult wthin Ilfe . TIIIRTY,(30) DAY pcnod:nttd forectasttre proct,t.ditige Im e;begnu you still have j he,riuitt to,ctirc-111'e defaI "a"'id t "lttVt et,liliu atilt_at.an�' !llTS-1>lLi�.S n.a' it a t ;t =• 't. n Ii�((�1���,IC4�1141.ILtsv`a�,�)ninrauitt thun'tinat fl.� to"ti s'�i► fat °a t �"c( *es_ le r dnc:�io�aon�(slo�t ai ic�•'s fc s' titl`r`o'is eunnectcda'i i'tliu�f' '•ciRei� snto`°iid -' btWT cost s'Co 11000d,�v t I I"tfi �:5 to fI a'.;Ic n'v ._t c39 �d� i�rit tie b tine`Dint• n ht•. Le i tg uirements'under the moitrtare. Cnring=your-defafilt in iltc. manner set forth in this notice mill,restore,vour �!J t mortgage t o t he same position as ifvou had never defaulted. EARLiIEST POSSIBLE SI-fCR1 r!'S SACr-,DATE--1t is csthmted that the cadiust date that such a'Sheriffs Sale of the mortgaged'pmpurly.could be ltuld would bo approsimnteIy'si (6)months from the date of this Notice.A notice of the actual datc of t(te Slicrit S Salc will b"'sent tn,l au b�forc'tltc sale.,Of course,the amount needed to curc the default lvill,incitase the longer}•ou wait.:"You may find outat'any diitc a�actl} what the required payment or action will be by contacting the Icndor, IIOW TO CONTACTTHE LENDER: N+Ime Ott cndor 's - rcinn R1uk N A Addrrst,��itld 'E N� I?T 41AILCODE 10.6438 X1'07 READING.PA,19601 a' Phone Ntiather 1.881{fiaCi.Rlt11 Fns Numueti 1•RU-936-R$50) C'nntaet I'r.rsnn•- t»R ,5., .1 C I• �a i' E=Mail Adlifess-MOILrEfiAGEDEFAUU rPSL)VL IGNBA��K !0 r. Eprrm Or-sl4pRIFF'S SAi 13--You should realize that a Sheriffs Sale Neill end yotir ownership of the mortgaged , l propcily'tuid your tight,to occupy it.'If you continue to live in the property after the Shcrifi's Sale,a latsuit to remove you and four futmshiiigs Ind other belongings could be started by the lender at any«tune �SS�liyI TION OF N40RTGAdr-- You"niAf sell or,lraanafer,�our Itonie to a buyer or tamsfaee who will<assunic the + mortaige dch providcd that IiI lilt outstanding payments,charges and al(orncy's fees and costs are paid prior to or at the ; (� sale and"tti ntilie'other.ivgglnmeuts'ofthctttort lgciresatisfcd.: fa YOU MAY ALSO WAVE THE RIGHT: TO SELL THE PROPER'T'Y TO OBTAIN-MONEY,TO`PAY.OFF THE MORTGAGE DEBTOR TO BORROW is • MONEY PROM ANOTHER LENDING INSTITUTION 1'0 PAY OFF THIS DEBT. {' • TO HAVE TI•IIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO T « • _ [[E SAME POSITION AS 1F NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER;YOUI,DO NOT HAVE THIS RIGH I'1'O CURE YOU DEFAULfi MORE.THAN THREE;TIivIGS IN ANY CAL)rNDAR YEAR)+ • TO ASSERTJHE.NONEXISTENCE:OF.lk DEFAULT�FN"ANY,FORECLOSURE PROCEEDING OR ANY " OTi IER LAWSUIT INSTITUTED trNprR xm MORTGAGE DOCUMENTS " ai • TO ASSERT-ANY OTHER DEFENSE-.V60,, BELIEVE"YOU MAY" HAVE 1'0 SUCH ACTION";BY THE LENDER ." .' TO SEEK PROTECTION UNDER THE FEDERAL_BANKRUPTCY LAW t �P.>,ki91N(tlpt«12 e� � e v S € F r 2 Y R"L g a wa- , t S HEAP C°nsuna CU'W84cRLAIVD C:>tiGssiuD�rtcU:flB/(fgJ2UtZ4t18Pt UMV ComtnunttYAttian ttrmm 252`1 Ogrr,Street xslan o/ Nantsbur Ca tsital Reglan 717.232..97S7 8,PA 1710, CCCS4 tNesternPrj 20,01tngtestow n ttoad trtaranatba Harrrabur 43 P/titadet e88. $Ph 171OZ Dhlagp 321.2227 tVayneshorn, unufl PA 17 7277bt32gS 218 4OC fUC,Sf,eotrn,hvhkyprograttistnc PHPA GettVsburs , 27325 PA P 221 Moth Pr 777.334.252 Harrtsbur ont.,trcet 8 717 $ A 17110 i803940800�392239i r t t PdC'�otnz!}t;umq'torll,irx7m7;. �'tFUth.•rf;�d�.ntnH1. r ! s i EXHIBIT "B" s 4 { WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I,ALESSIA LOUISE AVARA,Heir of CARL 1.AVARA,Deceased,hereby i acknowledge that I may have an ownership interest in the property located at 6316 STEPHENS CROSSING,A/K/A 6316 STEPHENS XING,M.ECHANICSBURG,PA 17050-2338,in , accordance with Section 301(b)of the Pennsylvania Probate,Estates and Fiduciaries Code[20 Pa C,SA. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq.,which may be instituted by SOVEREIGN BANK,S/B/M TO WAYPOINT BANK,F/K/A HARRIS SAVINGS BANK, F/K/A HARRIS SAVINGS ASSOCIATION,involving said property,which property was owned by the decedent at the time of his death. s t I hereby consent to the foreclosure action,without any further notice of said action, including but not limited to the Sheriffs sale,and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. i x I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. D ate ; > .. ALESSIA l..() Is lEVARA,Heir i of CARL J.AVARA,Deceased ' WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION c i I,LEIGH ANN FOX,Heir of CARL J.AVARA,Deceased,hereby acknowledge that I may have an ownership interest in the property located at 6316 STEPHENS CROSSING,A/K/A 6316 STEPHENS XING,MECHANICSBURG,PA 17050-2338,in accordance with Section 301(b)of the Pennsylvania Probate,Estates aiid Fidudlarios Code[2.0 Pa CKS A section 30t;(b)]. I do hereby waive my right to tae named action as provtdcd.;by Pa.R.C.P. 1141 et seq.,which mqy be nstit4tcd by:80VEREICI`T BANK,S/k3!!Vl I O WAYPOINT BANK,F/K/A HARRIS SAVINGS'BAi`IK;TIKK/A ITARRIS SAVINGS ASSOCIATION,involving said property,which property was owned by the decedent at The time of his death. I hereby consent to the foreclosure action,without any further notice of said action, = s including but not limited to the Sheriff s sale,and understand that any interest I may have in the mortgaged premises will he divested upon completion of the foreclosure action. ! I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise ' payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff s sale of the mortgage premises. ► r a � Date: LE10) l hyrax,Heir of'C;:`ate.J.AVARA,Deceased VERIFICATION I,Heather Solley,hereby state that I am Foreclosure Administrator of SOVEREIGN BANK,N.A.,Plaintiff in this matter,that he/she is authorized to make this Verification, and s verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/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. t i i DATE: 02 �l3 r N116: Heather Soll,e/ ; Title: Foreclosure Administrator i SOVEREIGN BANK,N.A. File#: 301074 s Name: TINA AVARA File#: 301074 Exhibit "G" o O o Name and PHELAN HALLINAN&SCHMIEG d. N co Address ONE PENN CENTER PLAZA,SUITE 1400 z C of Sender PHILADELPHIA,PA 19103-1814 ^ 1 MJG—CONCURRENCE S_j �1 a_Uj Line Article Name of Addressee,Street,and Post Office Address Postage Number F4- ti Mo o TINA L. AVARA 6316 STEPHENS CROSSING,A/K/A 6316 STEPHENS XING C6 allo : No O MECHANICSBURG, PA 17050-2338 2 **** UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS, } OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CARL J. AVARA, DECEASED 6316 STEPHENS CROSSING, A/K/A 6316 STEPHENS XING MECHANICSBURG, PA 17050-2338 4 1_- 5 6 7 8 9 10 11 12 13 - RE: A VARA, CARL PHS# 794836 1/o 16 Total Number of Total Number of Pieces Postmaster,Per(Name of Receiving Pieces Listed by Sender Received at Post Office Employee) 2 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 August Z4;2013 TINA L. AVARA 6316 STEPHENS CROSSING, A/K/A 6316 STEPHENS XING MECHANICSBURG, PA 17050-2338 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CARL J. AVARA, DECEASED 6316 STEPHENS CROSSING, A/K/A 6316 STEPHENS XING MECHANICSBURG, PA 17050-2338 RE: SOVEREIGN BANK,SB/M TO WAYPOI(NT BANK,F/K/A HARRIS SAVINGS BANK,F/K/A HARRIS SAVINGS ASSOCIATION IS NOW KNOWN AS SOVEREIGN BANK,N.A.vs.TINA L. AVARA,Individually and in capacity as Heir of CARL J.AVARA,Deceased ET AL. Civil Docket No. 13-4685-CIVIL Dear Defendant: Enclosed please find a copy of my proposed Motion for Special Service of the Complaint and all future pleadings and Order. In accordance with CUMBERLAND County Local Rule 208.3(9) I am seeking your concurrence with the requested relief. Please respond to me within one week,by September 03, 2013. Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. Sincerely, MICHELLE GRAGO Legal Assistant PH #794836/MJG OF THE PROTHONOTARY ARY 2013 SEP 10 Psi 2: 23 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA SOVEREIGN BANK, S/B/M TO WAYPOINT COURT OF COMMON PLEAS BANK, F/K/A HARRIS SAVINGS BANK, F/K/A CIVIL DIVISION HARRIS SAVINGS ASSOCIATION IS NOW KNOWN AS SOVEREIGN BANK,N.A. NO. 13-4685-CIVIL vs. CUMBERLAND COUNTY TINA L. AVARA, Individually and in capacity as Heir of CARL J. AVARA, Deceased ET AL. ORDER AND NOW, this day of S'r�"` , 2013, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C), on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CARL J. AVARA, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by First Class mail at the mortgaged premises located at 6316 STEPHENS CROSSING, A/K/A 6316 STEPHENS XING, MECHANICSBURG, PA 17050-2338, and by posting of the mortgaged PH # 794836/MJG r , R f. premises at 6316 STEPHENS ,CROSSING, A/KJA 6316 STEPHENS XING, MECHANICSBURG, PA 17050-2338 by the Sheriff or by a non-party competent adult. Service by mail is complete upon the date of mailing. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE CO RT: J. `T. 04CV/3 PH # 794836NJG tat Michael J. Pykosh, Esquire 1O r m ID#58851 20 Dethlefs-Pykosh Law Group, LLC3�E/" 2132 Market Street t 7 P Camp Hill, Pennsylvania 17011 `Ut�jBE '` Fax—(717) (717) 9446 pEMS Y�gOtOrUN r Y mpykosh(o�dpinlaw.com VA Attorney for Defendants SOVEREIGN BANK, N.A. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 13-4685 TINA L. AVARA, individually and in her . Capacity as Heir of CARL J. AVARA, . Deceased UNKNOWN HEIRS, SUCCESSORS, • ASSIGNS, AND ALL PERSONS, FIRMS, : OR ASSOCIATIONS CLAIMING RIGHT, . TITLE OR INTEREST FROM OR UNDER : CARL J. AVARA, Deceased : CIVIL ACTION Defendants : IN MORTGAGE FORECLOSURE REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendants are the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendants live in the subject real property, which is Defendant's primary residence; 3. Defendants have been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. q-i&- /3 Michael J. Pykosh, E it' Date Defe t ' unsel Legal Re esentative ? // e../ 01 .3 ina L. vary Date Defendant Michael J.Pykosh,Esquire ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mpykoshAdolglaw.com Attorney for Defendants SOVEREIGN BANK, N.A. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 13-4685 TINA L. AVARA, individually and in her . Capacity as Heir of CARL J. AVARA, . Deceased • • UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, : OR ASSOCIATIONS CLAIMING RIGHT, . TITLE OR INTEREST FROM OR UNDER : CARL J. AVARA, Deceased : CIVIL ACTION Defendants : IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICES I hereby certify that a copy of the foregoing DEFENDANTS' REQUEST FOR CONCILIATION CONFERENCE, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Sovereign Bank, N.A. c/o Allison F. Zuckerman, Esquire Phelan Hallinan, LLC 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Respectfully Subm. ed, Date: 9 i /3 _ By: J Michael J. Pykosh, Esquire ID# 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendants c. r SOVEREIGN BANK,N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION NO. 13-4685 CIVIL ,. TINA L. AVARA, individually and c in her capacity as heir of CARL J. -azr, AVARA, deceased; UNKNOWN =M r" ` _ HEIRS, SUCCESSORS, ASSIGNS cn� tv 'c AND ALL PERSONS, FIRMS, OR ° �? ASSOCIATIONS CLAIMING ', '_'• RIGHT, TITLE OR INTEREST e= W _-> FROM OR UNDER CARL J. AVARA, Deceased,. Defendants CASE MANAGEMENT ORDER AND NOW,this d0_0 day of September, 2013, the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. - The parties and their counsel are directed to participate in a court-supervised conciliation Conference on 724t64_ /V/y DO 43, at 9_m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference,the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court,the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendantiborrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; f P entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, Kevi A. Hess, P.J. Allison F. Zuckerman, Esquire Phelan Hallinan, LLC 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 For the Plaintiff Michael Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 For the Defendants :rlm s Hsu PROTHONoy, t PHELAN HALLINAN,LLP John Michael Kolesnik,Esq.,Id.No.308877 UI,SEP 30 AU 9: 33 1617 JFK Boulevard, Suite 1400 � , � � One Penn Center Plaza AND Cathay Philadelphia,PA 19103 PENNS ANIA John.Kolesnik @phelanhallinan.com 215-563-7000 SOVEREIGN BANK, S/B/M TO WAYPOINT : COURT OF COMMON PLEAS BANK, F/KIA HARRIS SAVINGS BANK, : F/K/A HARRIS SAVINGS ASSOCIATION IS : CIVIL DIVISION NOW KNOWN AS SOVEREIGN BANK, N.A. : Plaintiff : CUMBERLAND COUNTY vs. • TINA L. AVARA : No. 13-4685-CIVIL UNKNOWN HEIRS, SUCCESSORS, : ASSIGNS, AND ALL PERSONS, FIRMS, OR : ASSOCIATIONS CLAIMING RIGHT, TITLE : OR INTEREST FROM OR UNDER CARL J. AVARA, DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. P .111+ HALLINAN, LLP By: ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Date: 7/2-Z7/3 /mjg, Svc Dept. File#794836 Otyva a C #1332 gyk,r9cicticz. Phelan Hallinan, LLP f r)_ Jonathan Lobb,Esq., Id. No.312174 ATTORNEYS 14 � OA Jonathan.Lobb@phelanhallinan.com 1617 JFK Boulevard, Suite 1400 2813 OCT I I AM 9: 05 One Penn Center Plaza Philadelphia,PA 19103 CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA SOVEREIGN BANK,S/B/M TO WAYPOINT BANK, • F/K/A HARRIS SAVINGS BANK, F/K/A HARRIS • SAVINGS ASSOCIATION IS NOW KNOWN AS • SOVEREIGN BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. • • • TINA L.AVARA CUMBERLAND COUNTY UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND • No. 13-4685-CIVIL ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CARL J. AVARA,DECEASED Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CARL J. AVARA, DECEASED at 6316 STEPHENS CROSSING, A/K/A 6316 STEPHENS XING, MECHANICSBURG, PA 17050-2338 on October 8, 2013, in accordance with the Order of Court dated September 10, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan, LLP DA l'E: 7/0/13 By: Jon,fan Lobb,Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP PH#794836 AFFIDAVIT OF SERVICE— CUMBERLAND SDK PLEASE POST BY: 10/30/2013 PLAINTIFF COUNTY: CUMBERLAND SOVEREIGN BANK, S/B/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK, F/K/A HARRIS COURT NO. 13-4685-CIVIL SAVINGS ASSOCIATION IS NOW KNOWN AS SOVEREIGN BANK,N.A. DEFENDANT UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, TYPE OF ACTION AND ALL PERSONS,FIRMS, OR ASSOCIATIONS XX Mortgage Foreclosure CLAIMING RIGHT, TITLE OR INTEREST FROM Eviction OR UNDER CARL J. AVARA,DECEASED XX Civil Action Complaint on Promissory Note SERVE AT: 6316 STEPHENS CROSSING,A/K/A 6316 y STEPHENS XING,MECHANICSBURG,PA 17050- 2338 rri ***PLEASE POST THE PROPERTY*** �t3> ***IN ACCORDANCE WITH THE***** c.° 3:1' a ***ATTACHED COURT ORDER****** Served c._ Posted and made known UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CARL J.AVARA,DECEASED,Defendant on the 10 day of 4-?t2- 20(3 at 72=-5-0 o'clock, M.,at 6316 STEPHENS CROSSING,AIKIA 6316 S thPHENS XING,MECHANICSBURG,PA 17050-2338,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/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 office of said defendant company. Other: 2.X1 (rze tr Description: Ages,,,p,�,Height Weight Race Sex Other I, �J�"°V ,a competent adult,being duly sworn according to law,depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above.I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: (0/d ( (3 NAME: ,04-Y6 Nom_ ( ` PRINTED NAME: 1 N TITLES S NOT SERVED On the_day of ,20_,at o'clock_.M.,Defendant NOT FOUND because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at , at Service Refused PH#794836 SOVEREIGN BANK,N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION : NO. 13-4685 CIVIL TINA L. AVARA, individually and c in her capacity as heir of CARL J. : 2 `'., -- AVARA, deceased; UNKNOWN : z= -°c - ;r- HEIRS, SUCCESSORS, ASSIGNS : tnn — oc AND ALL PERSONS, FIRMS, OR : r-= y :::: ASSOCIATIONS CLAIMING : �° me c._,-.: RIGHT, TITLE OR INTEREST • ° (:' FROM OR UNDER CARL J. • _.., AVARA, Deceased, ' Defendants .• ORDER AND NOW, this /3 ' day of November, 2013, at the request of counsel for the parties, the conciliation conference set for November 14, 2013, is continued to Friday, January 3, 2014, at 2:00 p.m. in Chambers of the undersigned. BY THE COURT, cli-- Kevin A '''ess, P. J. Joseph P. Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff /ichael Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 :rim 0.0 1 E.S l Sr-G� /1/I 13)13 r TPF,EILPERDO-TOHFOI:11COETA • 221A9/ 19 1111: 23 CUMBERLAND COUNT'' PENNSYLVANIA Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 SOVEREIGN BANK,NA Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County TINA L. AVARA, Individually and in . capacity as Heir of CARL J. AVARA, No. 13-4685-CIVIL Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CARL J. AVARA, DECEASED Defendant(s) PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 "TO THE PROTHONOTARY: Kindly substitute SANTANDER BANK,N.A., FORMERLY KNOWN AS SOVEREIGN BANK,N.A. as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: By amendment of its Articles of Association, Sovereign Bank,N.A. changed its name to Santander Bank,N.A. Kindly amend the information on the docket accordingly. Date: //kg/13- By: �� Jong an Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH# 794836 OVA- cl'* cos 3(a&roa`( 2 g Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 SOVEREIGN BANK,NA Court of Common Pleas Plaintiff Civil Division v. . CUMBERLAND County TINA L. AVARA, Individually and in . capacity as Heir of CARL J. AVARA, No. 13-4685-CIVIL Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CARL J. AVARA, DECEASED Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of SANTANDER BANK,N.A., FORMERLY KNOWN AS SOVEREIGN BANK,N.A.. Date: / /8),r; PHELAN HALLINAN, LLP By: Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH# 794836 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 SOVEREIGN BANK,NA Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County TINA L. AVARA, Individually and in . capacity as Heir of CARL J. AVARA, No. 13-4685-CIVIL Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CARL J. AVARA, DECEASED Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe for Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: TINA L. AVARA, Individually and in capacity as Heir of CARL J. AVARA, Deceased 6316 STEPHENS CROSSING, A/K/A 6316 STEPHENS XING MECHANICSBURG,PA 17050-2338 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CARL J. AVARA, DECEASED 6316 STEPHENS CROSSING, A/KIA 6316 STEPHENS X1NG MECHANICSBURG,PA 17050-2338 Date: / r / gj ,i-) PHELAN HALLIN1 , LLP ALF, Jo i* an Lobb, Esq.,Id. No.312174 Attorney for Plaintiff w, 1 " NOV 27 pp • • Phelan Hallinan,LLP I: ! 4 ATTORNEYS FOR FI Jonathan Lobb,Esq.,Id. No.312174yD G 1617 JFK Boulevard, Suite 1400 PENS YLVANIA t One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 SANTANDER BANK,N.A.,FORMERLY KNOWN • AS SOVEREIGN BANK,N.A. • • Plaintiff • COURT OF COMMON PLEAS • vs. CIVIL DIVISION • TINA L. AVARA, Individually and in her capacity as • CUMBERLAND COUNTY Heir of CARL J. AVARA,Deceased • UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND No. 13-4685-CIVIL ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CARL J. AVARA,DECEASED Defendant(s) AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made known to the defendant,UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CARL J.AVARA, DECEASED,in accordance with the Court Order dated September 10,2013 as indicated below: PH#794836NRU • . By publication as provided by Pa.R.C.P.Rule 430(b)(l)in Cumberland Law Journal on October 18,2013 and The Sentinel on October 10,2013.Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Phelan Hallinan,LLP DATE: � ' 12& elan Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PH#794836 NRU Phelan Hallinan, LLP Jonathan Lobb, Es Id. No.312174 ATTORNEYS FOR PLAINTIFFS Esq., •c3 r7 1617 JFK Boulevard, Suite 1400 ' One Penn Center Plaza Philadelphia, PA 19103 " s;w 215-563-7000 SANTANDER BANK,N.A., FORMERLY KNOWN AS SOVEREIGN BANK,N.A. Plaintiff COURT OF COMMON PLEAS VS. CIVIL DIVISION TINA L. AVARA, Individually and in her capacity as CUMBERLAND COUNTY Heir of CARL J. AVARA, Deceased UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND No. 13-4685-CIVIL ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CARL J. AVARA, DECEASED Defendant(s) AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made known to the defendant,UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CARL J. AVARA, DECEASED, in accordance with the Court Order dated September 10,2013 as indicated below: PH# 794836 NRU By publication as provided by Pa. R.C.P. Rule 430(b)(1)in Cumberland Law Journal on October 18,2013 and The Sentinel on October 10,2013.Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Phelan Hallman,LLP DATE: Iq oxf J!r" Phel allinan,LLP Jonathan Lobb,Esq.,1d.No.312174 Attorney for Plaintiff PH 4 794836 NRU PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 18, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. - L- a=----::: isa Marie Coyne, Ilditor SWORN TO AND SUBSCRIBED before me this 18 day of October, 2013 I i e6- Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH.CUMBERLAND COUNTY My Commission Expires Apr 28,2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN You are hereby notified to plead MORTGAGE FORECLOSURE to the above referenced Complaint on or before 20 days from the date of In the Court of Common Pleas of this publication or a Judgment will Cumberland County,Pennsylvania be entered against you. Civil Action—Law NOTICE No. 13-4685-CIVIL If you wish to defend, you must SOVEREIGN BANK s/b/m TO enter a written appearance person- WAYPOINT BANK f/k/a HARRIS ally or by attorney and file your de- SAVINGS BANK f/k/a HARRIS fenses or objections in writing with SAVINGS ASSOCIATION IS NOW the court.You are warned that if you KNOWN AS SOVERIGN BANK,N.A. fail to do so the case may proceed Plaintiff without you and a judgment may be VS. entered against you without further TINA L.AVARA,UNKNOWN notice for the relief requested by the HEIRS,SUCCESSORS,ASSIGNS plaintiff. You may lose money or AND ALL PERSONS,FIRMS OR property or other rights important ASSOCIATIONS CLAIMING RIGHT, to you. TITLE OR INTEREST FROM OR YOU SHOULD TAKE THIS NO- UNDER CARL J.AVARA,DECEASED TICE TO YOUR LAWYER AT ONCE. Defendants IF YOU DO NOT HAVE A LAWYER, GO TO ORTELEPHONE THE OFFICE NOTICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- To UNKNOWN HEIRS, SUCCES- TION ABOUT HIRING A LAWYER. SORS, ASSIGNS AND ALL PER- IF YOU CANNOT AFFORD TO SONS,FIRMS OR ASSOCIATIONS HIRE A LAWYER,THIS OFFICE MAY CLAIMING RIGHT,TITLE OR IN- BE ABLE TO PROVIDE YOU WITH TEREST FROM OR UNDER CARL INFORMATION ABOUT AGENCIES J.AVARA,DECEASED THAT MAY OFFER LEGAL SERVICES You are hereby notified that on TO ELIGIBLE PERSONS AT A RE- August 9, 2013, Plaintiff, SOVER- DUCED FEE OR NO FEE. EIGN BANK s/b/m TO WAYPOINT CUMBERLAND COUNTY BANK f/k/a HARRIS SAVINGS BANK ATTORNEY REFERRAL f/k/a HARRIS SAVINGS ASSOCIA- CUMBERLAND COUNTY TION IS NOW KNOWN AS SOVER- BAR ASSOCIATION EIGN BANK, N.A., filed a Mortgage Cumberland County Courthouse Foreclosure Complaint endorsed with 32 South Bedford Street a Notice to Defend,against you in the Carlisle,PA 17013 Court of Common Pleas of CUMBER- (717)249-3166 LAND County, Pennsylvania, dock- (800)990-9108 eted to No. 13-4685-CIVIL.Wherein Oct. 18 Plaintiff seeks to foreclose on the mortgage secured on your property located at 6316 STEPHENS CROSS- ING a/k/a 6316 STEPHENS XING, MECHANICSBURG,PA 17050-2338 whereupon your property would be sold by the Sheriff of CUMBERLAND County. 14 I PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Director of Sales of The Sentinel, of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL,a newspaper of general circulatiol in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printec and published in the regular editions and issues of THE SENTINEL on the following day(s): October 10 2013 COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN,MMTOAGEPOF&CL08URE IN THE COURT OF COMMON PLEAS Olt rOWMiERLANLI COUNTY,PENNSYLVANIA CIVIL ActtoN-LAw Affiant further deposes that he/she is not SOVEREIGN BANK,S/B/M TO WAYPOINT t BANK,F/K/A HARRIS SAVINGS BANK,F/K/A COURT OF COMMON PLEAS, Interested in the subject matter Of the KNOWN AS SOVEREIGN BIANIK,N A NOW CIVIL DIVISION aforesaid notice or advertisement, and that Plaintiff CUMBERLAND COUNTY all allegations In the foregoing statement a; No.13-4685-CIVIL to time, place and character of publication TINA L.AVARA UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, true. AND ALL PERSONS,FIRMS,OR 1 ASSOCIATIONS CLAIMING RIGHT,TITLE OR 7 INTEREST FROM OR UNDER CARL J. AVARA,DECEASED Defendants NOTICE To UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CARL J.AVARA,DECEASED Sworn t0 and Subscribed before me this You are hereby notified that on August 9,2013,Plaintiff,SOVEREIGN BANK S/BIM TO WAYPOINT BANK,F/WA HARRIS SAVINGS BANK,F/K/A HARRIS SAVINGS ASSOCIATION ISNb,W KNOWN AS SOVEREIGN BANK, N.A.,filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend,against you in the Court of Common Pleas of CUMBERLAND County Pennsylvania,docketed to No.13-4685-CIVIL.Wherein Plaintiff seeks to foreclose jJ�j f ClC on tt6 rridrtage sectired oh your propertyloeated iit-S B STEO"E" 04E17t8 XING, MECHANIC_SSBURG,PA 17050 2338 whereupon your Property would be sold by the Sheriff of CUMBER ND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. ✓ NOTICE `I, Not ry Public If you wish to defend,you mustenter a written appearance personally or by attorney and file your defenses or objections in writing with the court.You are warned that if you fail to do so the case may proireedwlthoutyou and ajudgment may be entered against you without further notice for the relief requested by the plaintiff.You May lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE.IF Y©U 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. expires: My COmm1SSlOn eX IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH P INFORMATION ABOU,TAGENCIES THAT MAY OFFER LEGAL IaERVICES TO,ELIGIBLE PERSONS AT A REDUCED FEE.OR NO FEE.' CUMBERLAND COUNTY ATTORNEY REFERRAL, CUMBERLAND COUNTY BARASSOCAATION COMMONWEALTH CUMBERLAND COUNTY COURTHOUSE OF PENNSYLVANIA 2 LIBERTY AVENUE CARLISLE,PA 17013 Notarial Seal 717-249-3166 Bethany M.HOltry,Notary Public 800-990-9108 Carlisle Boro,Cumberland County MY Commission Expires Sept.26,2015 A MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES `°�M `f 3. '-zr'_• -, -. a.-'= y ,-: r -.-^c.-.--..t-:+-.._. '.v -.. ^,—xi,a?--'�A .. __. _ -.—nF� ^�ea�, .e. ^.wvz>.w.+.,.aVNaz SOVEREIGN BANK, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION : NO. 13-4685 CIVIL TINA L. AVARA, individually and : in her capacity as heir of CARL J. . AVARA, deceased; UNKNOWN • `, F r C-.— HEIRS, SUCCESSORS, ASSIGNS : AND ALL PERSONS, FIRMS, OR : -� � ASSOCIATIONS CLAIMING 17...‘E,„. RIGHT, TITLE OR INTEREST • �r c` FROM OR UNDER CARL J. • a=Y' AVARA, Deceased, • Defendants • ORDER AND NOW, this f day of January, 2014, at the request of counsel for the parties, the conciliation conference set for January 3, 2014, is continued to Friday, February 14, 2014, at 3:00 p.m. in Chambers of the undersigned. BY THE COURT, Kevi' • . Hess, '. J. �D. Troy Sellars, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff Michael Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 :rim Ces Ci7q/pf A SOVEREIGN BANK,N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA vs. • CIVIL ACTION : NO. 13-4685 CIVIL TINA L. AVARA, individually and : in her capacity as heir of CARL J. : AVARA, deceased; UNKNOWN : HEIRS, SUCCESSORS,ASSIGNS : AND ALL PERSONS, FIRMS, OR : ASSOCIATIONS CLAIMING : RIGHT, TITLE OR INTEREST : FROM OR UNDER CARL J. AVARA, Deceased, Defendants ORDER AND NOW,this 2.0' day of February, 2014, at the request of counsel for the parties,the conciliation conference set for February 14, 2014, is continued to Friday, April 4, 2014, at 3:15 p.m. in Chambers of the undersigned. BY THE COURT, Kevin . Hess, P. J. ✓ D. Troy Sellars, Esquire 126 Locust Street Harrisburg, PA 17101 For he Plaintiff r-, L Michael Pykosh, Esquire 0a - =�' _,, rn 2132 Market Street 2..-.°1 rn i. Camp Hill, PA 17011 (Ar"' IN) 7,:' rte-= ° -1,6 :rim /�' /1 //_/y/J/� ///+++ y"C c, = r9'1 1...2a2ropil _, SOVEREIGN BANK, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION NO. 13-4685 CIVIL TINA L. AVARA, individually and : in her capacity as heir of CARL J. : AVARA, deceased; UNKNOWN : HEIRS, SUCCESSORS, ASSIGNS : AND ALL PERSONS, FIRMS, OR : ASSOCIATIONS CLAIMING : RIGHT, TITLE OR INTEREST FROM OR UNDER CARL J. AVARA, Deceased, Defendants ORDER AND NOW, this 2 "1 day of April, 2014, at the request of counsel for the parties, the conciliation conference set for April 4, 2014, is continued to Friday, May 23, 2014, at 2:30 p.m. in Chambers of the undersigned. ,X). Troy Sellars, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff 47chael Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 :rim BY THE COURT, SOVEREIGN BANK, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION : NO. 13-4685 CIVIL TINA L. AVARA, individually and : in her capacity as heir of CARL J. : AVARA, deceased; UNKNOWN : HEIRS, SUCCESSORS, ASSIGNS : AND ALL PERSONS, FIRMS, OR : ASSOCIATIONS CLAIMING : RIGHT, TITLE OR INTEREST FROM OR UNDER CARL J. AVARA, Deceased, Defendants ORDER AND NOW, this 2 day of May, 2014, following communication from counsel, this matter is removed from the Cumberland County Mortgage Foreclosure Diversion Program and the stay entered in this matter is lifted, effective June 23, 2014. BY THE COURT, ZTroy Sellars, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff ael Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 :rlm rtyl -17