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Home My WebLink About13-4814 ` For Prothonotary Use Only: y S.Uplr�emiwe C ur ,+��' P�enneyIuania. co Ill r �a Co r ra Pleas, - :.� , e il ry eet Cumbtand Docket No. Co n� OV The information collected on this form is used solely for cow•t administration putposes. T his form does not supplement or re dace the fi ling and set-vice ofpleadings or other papers as req uired b , 1mv or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons 13 Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Bank of America, N.A. Lead Defendant's Name: Hung Pham a/k/a Hung Q. Pham T I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑ within arbitration limits O (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: McCabe, Weisberg & Conway, P.C. ❑ Check here if you have no attorney (a Self- Represented Pro Sel .Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Department of Transportation ❑ Premises Liability (does not include ❑ Statutory Appeal: Other S mass tort) E ❑ Slander/Libel/ Defamation ❑ Employment Dispute: ❑ Other: Discrimination C ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other I O ❑ Other N MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant B ❑ Toxic Waste REAL PROPERTY MISCELLANEOUS � ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Disput ❑ Non - Domestic Relations N Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/12011 ER LA, N D C0UNT Y PENNSYLVANIA McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH 1. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 - 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790 -1010 Bank of America, N.A. Cumberland County 1800 Tapo Canyon Road Court of Common Pleas Mail Stop 03 ✓ , /� /� /U i' Simi Valleyy, , CA CA 93063 Number (� V. Hung Pham a/k/a Hung Q. Pham 732 Belle Vista Drive Enola, PA 17025 COMPLAINT IN MORTGAGE FORECLOSURE U yoy File # 74777 Page 1 NOTICE AVISO You have been sued in court. If you wish to Le ban demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within ex- puestas en las paginas siguientes, usted twenty (20) days after this complaint and tiene veinte (20) dias de plazo al partir de la notice are served, by entering a written fecha de la demanda y la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la corte or objections to the claims set forth against en forma escrita sus defensas o sus objeciones you. You are warned that if you fail to do so a las demandas en contra de su persona. Sea the case may proceed without you and a avisado que si usted no se defiende, la corte judgment may be entered against you by the tomara medidas y puede continuar la demanda court without further notice for any money en contra suya sin previo aviso o notificacion. claimed in the complaint or for any other Ademas, la corte puede decidir a favor del claim or relief requested by the plaintiff. You demandante y requiere que usted cumpla con may lose money or property or other rights todas las provisiones de esta demanda. Usted important to you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU USTED LE DEBE TOMAR ESTE DO NOT HAVE A LAWYER, GO TO OR PAPEL A SU ABOGADO TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE. SI USTED NO BELOW. THIS OFFICE CAN PROVIDE TIENE A UN ABOGADO, VA A O YOU WITH INFORMATION ABOUT TELEFONEA LA OFICINA EXPUSO HIRING A LAWYER. ABAJO. ESTA OFICINA LO PUEDE IF YOU CANNOT AFFORD TO PROPORCIONAR CON INFORMATION HIRE A LAWYER, THIS OFFICE MAY BE ACERCA DE EMPLEAR A UN ABOGADO. ABLE TO PROVIDE YOU WITH SI USTED NO PUEDE INFORMATION ABOUT AGENCIES PROPORCIONAR PARA EMPLEAR UN THAT MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS AT A REDUCED FEE CAPAZ DE PROPORCIONARLO CON OR NO FEE. INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle, PA 17013 REDUCIDO NI NINGUN HONORARIO. (800) 990 -9108 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 File # 74777 Page 2 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Bank of America, N.A., duly organized and doing business at the above - captioned address. 2. The Defendant is Hung Pham a/k/a Hung Q. Pham, who is the mortgagor and owner of the mortgaged property hereinafter described, whose last -known address is 732 Belle Vista Drive, Enola, PA 17025. 3. On September 22, 2006, Hung Pham &Wa Hung Q. Pham, mortgagor, made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for SLM Financial Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1967, Page 2541 (the "Mortgage "), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 4. On September 22, 2006, borrower also executed a promissory note secured by the aforementioned mortgage. Plaintiff, directly or through an agent, is in possession ofthe note and is the holder of the note with the right to enforce it; the note is either made payable to plaintiff or has been duly endorsed. 5. On June 15, 2012, the Mortgage was assigned by Mortgage Electronic Registration Systems, Inc. as nominee for SLM Financial Corporation to Bank of America, N.A., successor by merger to BAC Home Loans Servicing LP f/k/a Countrywide Home Loans Servicing LP, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument Number 201218180, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P.. 6. Subsequent thereto, Bank of America, N.A., successor by merger to BAC Home Loans Servicing LP f/k/a Countrywide Home Loans Servicing LP merged with and into Bank of America, N.A. and became known as Bank of America, N.A. 7. The premises subj ect to said mortgage is described in the legal description attached as Exhibit "A" and is known as 1080 Oakville Road, Newville, Pennsylvania 17241. File # 74777 Page 3 8. The mortgage is in default because monthly payments of principal and interest upon said mortgage due May 1, 2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 9. The following amounts are due on the mortgage as of September 6, 2013: Principal Balance $ 262,722.70 Interest from April 1, 2012 through September 6, 2013 $ 27,714.47 (Plus $53.0843 per diem thereafter) Late Charges $ 1,160.28 Escrow Advance $ 5,737.98 Property Inspection Fees $ 2,017.30 Property Preservation Fees $ 80.00 GRAND TOTAL $ 299,432.73 10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiffdemands in rem Judgment against the Defendant in the sum of $299,432.73, together with interest at the rate of $53.0843 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG & CONWAY. P.C. BY: [ ] Terrence J. McCabe, Esquire [ ]'Marc S. Weisberg, Esquire [ ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Kevin T. McQuail, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ Joseph F. Riga, Esquire [ ] Joseph I. Foley, Esquire [ Celine P. DerKrikorian, Esquire Attorneys for Plaintiff File # 74777 Page 4 VERIFICATION I,, J(wcAW hereby states that ie she is :Ass /skar f V u ofBank ofAmerica, NA, Plaintiff in this matter, that' ie 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 is er knowledge, 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. By: dex, do-. s s , r 3 Printed Name: Joh- JoSVI, J—cJ elk- Title: fjss is-A )— V,' c L Qres %uleYr �` Date: �A� S�`` f ZDt 3 Bank of America, N.A. v. Hung Pham a/k/a Hung Q. Pham File # 74777 Page 5 x• ^1 ! f EXHIBIT " A " LEGAL DESCRIPTION ALL that certain tract of land situate in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a white oak at the corner of land now or formerly of Orval W. Baer and lands formerly of Walter W. Fickes North 43 degrees 50 minutes 00 seconds 627.00 feet to a stake, passing across Township Road No. 386 and a stream; thence along lands now or formerly of Raymond M. Singer South 45 degrees 40 minutes 00 seconds East 200.00 feet to a stake (passing across the aforementioned stream); thence along lands now or formerly of George E. Miller South 43 degrees 55 minutes 00 seconds West 6060.68 feet to a stake (passing across Township Road No. 386) thence along lands now or formerly of Orval W. Baer North 51 degrees 30 minutes 00 seconds West 200.00 feet to a point, a white oak, the place of BEGINNING. CONTAINING 2.826 acres, more or less. BEING all of Lot No. 2 on Survey of Thomas A. Neff, R. S. dated August 19,1974. I ' f"y phis Lo l oe recor(led County PA 0 P ecorder of Deeds BEING the same premises which Stephen L. Wiser and Carol A. Wiser, husband and wife, by Deed dated April 8, 2004, and recorded April 14, 2006, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania. in Book 262, Page 2367, granted and conveyed unto Stephen L. Wiser. 119 BEING THE SAME PREMISES WHICH Stephen L. Wiser, by his Deed dated J , 2006, and about to be recorded in the Office of the Recorder of Dee s in and for Cumberland County, Pennsylvania, granted and conveyed unto Hung Pham, Mortgagor herein. BKI967PG2554 FORM 1 Bank of America, N.A. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. I M Co M =� Hung Pham a/k/a Hung Q. Pham 3 , Civil � �m r - 7 { ~t Defendant cn r ; ., . - t:> v .� CD NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE �rf DIVERSION PROGRAMS You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Res ectfully submi, ed: _ Date [Signature of Couilsel for Plaintiff] 74777 Page 1 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOM E R/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? CO Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on 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 Payment Amount $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 " Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HE") assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, ,authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am/are under no obiligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i Sheriff THE I ,.4,,vo 09 4:d(rt,.r a� t f: i I t �� ti'' Jody S Smith I �,�_ ry Chief Deputy ` 1 ' -{ 23 r t . J cl Richard W Stewart lL; u ,J Jis i Solicitor C4- ; , r a 1,,;f Y LIV � f l A Bank of America, N.A. Case Number vs. Hung Quang Pham 2013-4814 SHERIFF'S RETURN OF SERVICE 08/27/2013 07:29 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1080 Oakville Road, Newville, PA 17241. Residence is vacant. 09/06/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Hung Quang Pham, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Centre, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 09/11/2013 10:55 AM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Centre County upon Hung Quang Pham, personally, at SCI Benner, 301 Institution Drive, Bellefonte, PA 16823. Denny Nau, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.00 SO ANSWERS, September 20, 2013 RONN R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. r SHERIFF'S OFFICE MCCABE, WEISBERG &CON CENTRE COUNTY Rm 101 Court House, Bellefonte, Pennsylvania, 16823 (814) 355-6803 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS:You must file one PROCESS RECEIPT AND AFFIDAVIT OF RETURN instruction detach any copies.ch defendant.please type or print legibly.Do 1.Plaintiff(s) 2.Case Number Bank of America NA 2013-4814 3.Defendant(s) 4.Type of Writ or Complaint: Hung Pham a/k/a Hung Q Pham Complaint-Mortga 513211 SERVE 5.Name of Individual.Comoanv,Corporation, Etc.,to Serve or Description of Properly to be Levied,Attached or Sold. ...4 Hung Quang Pham AT 6.Address(Street or RFD,Apartment No.,City,Boro,Two.,State and Zip Code) SCI Benner,301 Institution Drive, Bellefonte,PA 16823 • 7.Indicate unusual service: E' Reg Mail 1 • Certified Mail r Deputize I- Post F. Other Now. "_ 20_ . I SHERIFF OF CENTRE COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law.This deputation being made at the request and risk of the plaintiff. ___--_-,___ 3`Yieriff of Centre County 8.SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION:N.B.WAIVER OF WATCHMAN--Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman,in custody of whomever is found in possession,after notifying person of levy or attachment,without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss,destruction or removal of any such property before sheriff's sale thereof. 9.Print/Type Name and Address of Attorney/Originator 10.Telephone Number 11.Date MCCABE,WEISBERG&CONWAY P.C. (215)790-1010 123 SOUTH BROAD ST.,SUITE 2080 12.Signature PHILADELPHIA,PA 19109 SPACE BELOW FOR USE OFPHER)FF ONLY- DO N T WRITE BELOW T IS LINE 13,l acknowledge receipt of the writ'I SIGNATURE of Authorized CCSD Deputy of Clerk and Title 14.Date Filed 15.Expiration/Hearing Date or complain as indicated above. TO BE COMPLETED BY SH RIFF 16.Served and made known to HUNG PHAM 11 September, on the-_.._ day of __.._ 2013 10:55 AM SCI Benner,301 Institution Drive, Bellefonte,PA 16823 20 .._.__...__.. ,at o'clock, m.,at --- ,County of Centre Commonwealth of Pennsylvania,in the manner described below: 1 ' Defendant(s)personally served. DEFENDANT r Adult family member with whom said Defendant(s)resides(s).Relationship is 1 Adult in charge of Defendant's residence. f Manager/Clerk of place of lodging in which Defendant(s)resides(s). 1' Agent or person in charge of Defendant's office or usual place of business. and officer of said Defendant company. Other On the______ day of ,20_ ,at _ _* o'clock.___....._., M. Defendant not found because: l- Moved (- Unknown 7 No Answer [ Vacant r Other Remarks: Advance Costs Docket Service Sur Charge Affidavit Mileage Postage Misc. Total Costs Costs Due or Refund 75.00 9.00 9.00 0.00 2.50 10.00 30.50 (44.50) 17.AFFIRMED an subscribed to before me this /l So Answer. 18.Signs re of 3,r Sher" 19.Date n�20.day of i/ _�i,." ._ .__20/3 `R-_, - // ;O t I ) 3 '�� 21.Sig ature of iff 22.Date 23.-__�iL/.l.i .� .wary ,ubiic - ---.._...- SHERIFF OF CENTRE COUNTY DEBRA C.IMMEL, Prothonotary Amount Pd. Page My Corr missiortgaitetila of Common PINS 24.I ACKNOWL °Ill ctic� $ ARETU N SIGNATURE 25. Date Received 1Qf>i OF A THO9@YJM� _ . = t"i:`5 ri xtdcy till.1.1v 3J,j ill .. _ McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 . °s +" EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 p ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 e'!' `sg --� ( ski ' U HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 ,ceAiDCOUNTY CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 S Y LVA N I A BRIAN T. LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F. RIGA,ESQUIRE-ID#57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN, ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215)790-1010 Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Hung Pham a/k/a Hung Q.Pham Number 13-4814 Defendant ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant,Hung Pham a/k/a Hung Q.Pham, in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure,and assess damages as follows: Amount Due $ 299,432.73 Interest from 09/07/13 to 11/05/13 $ 3,185.06 Total $ 302,617.79 McCABE,WEISBERG AND CONWAY,P.C. BY: [ ] Terrenc . McCabe,Esq. [ j'1vlarc $. Weisberg,Esq. 1`4 [ ]Edward D. Conway,Esq. [ ] Margaret Gairo, IEsq. � [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak, Esq. C .g ��n [ ]Marisa J. Cohen,Esq. [ ] Christine L. Graham, Esq. [ ] Brian T. LaManna,Esq. [ ]Ann E. Swartz, Esq. O+ [ ] Joseph F. Riga,Esq. [ ]Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian,Esq. Attorneys for Plaintiff AND NOW, this day of Mv. _, 2013, Judgment is entered in favor of Plaintiff, Bank of America,N.A.,and against Defendant,Hung Pham a/k/a Hung Q.Pham,in rem only and not in personam,and damages are assessed in the amount of$302,617.79,plus interest and costs. 1 BY THE PROT OTA a McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID# 87830 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T. LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH L FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Hung Pham a1Wa Hung Q.Pham Number 13-4814 Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned,being duly sworn according to law,deposes and says that the Defendant, Bung Pham a/k/a Hung Q. Pham, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C. App. §501,et seq.;and that the Defendant,Hung Pham a/k/a Hung Q.Pham, is over eighteen(18)years of age,and resides as follows: Hung Pham a/k/a Hung Q.Pham, SCI Benner,301 Institution Drive Bellefonte,PA 16823 McCABE,WEISBERG AND CONWAY, C. SWORN AND SUBSCRIBED 15 1 1A BY: BEFORE ME THIS DAY [ ] Terrence J. cCabe,Esq. [ arc S. W isberg, I?sq. Edward D. Conway,Esq. [ ]Margaret Gairo, l;sq. OF N\-)fie('j 1=Pr 2013 [ ]Andrew L.Markowitz,Esq. [ ] Heidi R. Spivak, Esq. Marisa J. Cohen,Esq. [ ] Christine L. Graham, Esq. �/V!(l�J�.✓ ��s.✓�a. [ ] Brian T.LaManna, Esq. [ ]Ann E. Swartz, Esq. NOTARY PUBLIC [ ] Joseph F.Riga,Esq. [ ]Joseph I. Foley, Esq. [ ] Celine P.DerKrikorian,Esq. eoMMO�AO N0—p ENNSYL.HAAftA Attorneys for Plaintiff NOTARIAL SEAL ANDREWS.HUMES,Not P* City of PhaJ �Ph�a•Coonty Commis fires September t ,"i McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T. LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P. DERKRIKORIAN, ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215)790-1010 Bank of America,N.A. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Number 13-4814 Hung Pham a/k/a Hung Q.Pham Defendant AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby deposes and says that the last-known mailing address of the Defendant is: Hung Pham a/k/a Hung Q.Pham SCI Benner,301 Institution Drive Bellefonte, Pennsylvania 16823 McCABE,WEISBERG AN CONWAY, .C. SWORN AND SUBSCRIBED ,qq � -1 h BY: BEFORE ME THIS �J DAY [ ]Terrence .McCabe,Esq. [ arc S. Weisberg, Esq. (P 1_ �, [ ]Edward D.Conway,Esq. [ ] Margaret Gairo, Esq. OF (�\(� 1'Y^ e ,2013 [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak, Esq. [ J Marisa J.Cohen,Esq. [ ] Christine L. Graham, Esq. Cj,LIU-J S r<�+^^ [ ]Brian T. LaManna,Esq. [ ]Ann E. Swartz, Esq. NOTARY PUBLIC [ ]Joseph F. Riga,Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. COM —W&EAL7WORPENNSnw►NLIAttorneys for Plaintiff NOTARIAL SEAL ANDREWS.HUMES,Notary Pu* CkY Of Ph&Welphia,Phila.County omission Expires Septemt�er 19,2017 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID# 87830 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T. LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH 1.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Number 13-4814 Hung Pham a/k/a Hung Q.Pham Defendant CERTIFICATION The undersigned hereby certifies that he/she is the attorney for Plaintiff,being duly sworn according to law, deposes and says that a letter was deposited in the United States Mail notifying the Defendant that judgment would be entered against him/her/them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as l;xhibit "A". McCABE,WEISBERG AND C NWAY,P.C. SWORN AND SUBSCRIBED '�/J�" BY: -- BEFORE ME THIS DAY [ ] Terrence J.McCabe,Esq. [vrMarc S. Weisberg, Esq. [ ] Edward D. Conway,Esq. [ ]Margaret Gairo, Esq. OF CIC.)Ye>y\Ie! 12013 [ ]Andrew L.Markowitz, Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J.Cohen,Esq. [ ]Christine L. Graham, Esq. Brian T.LaManna,Esq. [ ]Ann E. Swartz, I`.sq. NOTARY PUBLIC [ ]Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian,Esq. COMMONWEALTH C>R pEsorneys for Plaintiff NOTARIAL SEAL ANDREW S.HUMES,Notary Public City of phdadelphia,Phila.County Commission Expires Septemhoor 1A.7n, VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative,who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE,WEISBERG AND CONWAY,P.C. BY: [ ] Terrence J.McCabe,Esq. ' [ arc S. Weisberg, Ls [ ] Edward D. Conway,Esq. [ ]Margaret Gairo, 1;sq. [ ]Andrew L.Markowitz, Esq. [ ]Heidi R. Spivak, Esq. [ ]Marisa J. Cohen,Esq. [ ] Christine L. Graham, Esq. [ ] Brian T.LaManna,Esq. [ ]Ann E. Swartz, Esq. [ ] Joseph F.Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P.DerKrikorian, Esq. Attorneys for Plaintiff Bank of America,N.A.v.Hung Pham a/k/a Hung Q.Pham Cumberland County;Number: 13-4814 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle,Pennsylvania 17411; Curt Long Prothonotary October 4, 2013 To: Hung Pham a/k/a Hung Q. Pharr SCI Benner, 301 Institution Drive Bellefonte,Pennsylvania 16823 Bank of America,N.A. Cumberland County VS. Court of Coninton Pleas Hung Pharn a/k/a Hung Q. Pharr Number 13-.48 14 NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT" 13Y DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A LISTED SE ENCUENTRA EN ESTADCt DE REBELDIA POR NO HABER WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN PRESENTADO UNA COMPARF_CENCIA ESCRITA, YA SEA WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE PFRSONALMENTE O POR ABOGAD")Y 110R NO HABER RADICADO POR CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10) ESCRITO CON ESTE TRIBUNAL.SUS DEFENSAS U OBJECIONES A LOS DAYS FROM THE DATE OF TI#IS NOTICE,A JUDGMENT MAY BE ENTERED RECLAMOS FORMULADOS EN CON't RA suyo, AL NO TOMAR LA AGAINST YOUWITHOUTA HEARING ANDYOUMAYLOSE YOURPROPERTY ACCION DEBIDA DENTRO DE:DIF,Z 11{ 33 BIAS DE LA FECHA DE ESTA OR OTHER IMPORTANT RIGHTS. NOTIFICACION, EL TRIBUNAL NIDRA, SIN NECESIDAD DE YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU COMPARECER LISTED EN COR'I I. t0 PREUBA ALGUNA, DICTAR DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH SENTENCIAEN SU CONTRA Y!IS I t,,=;'?7i)ItI.A PF.RDER BIENES UOTROS BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT DERECHOS IMPORTANTES. HIRING A LAWYER. USTED LE DEBE TONIAR 1 S ?, PAPEL A SU ABOGADO IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAYBE ABLE INMEDIATAMENTE. SI USTED NO I-I:NE A UN ABOGADO, VA A O TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER TELEFONEA LA OFICINA EXPUSO :AufUO. ESTA OFICINA LO PUEDE LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, PROPORCIONAR CON INFORIOACR :N ACERCA DE EMPLEAR A UN ABOGADO, Cumberland County Bar Association SI USTED NO PUEDE PROPORCI O N AR PARA EMPLEAR UN ABOGADO, 32 South Bedford Street ESTA OFICINA PUEDE SER CAPA/ DE PROPORCIONARLO CON Carlisle,Pennsylvania 17013 INFORMACIONACERCADE LAS A G6NC'IASQUEPUEDENOFRECBRLOS (800)990.9108 SERVICIOS LEGALES A PERSONAS FLEGIBLES EN UN HONORARIO REDUCIDO NI NINGON HONORARF I. Cumberland County Bar Assoc iati0rt 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 McCABE, I BI 2G ANJ)4' TTWAY,P.C. [ ] 'I'errcnco4.McCabe, E. uire [ ]Marc S. Weisberg,Esquire [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz, 1=squii,e [ 1 Heidi R.Spivak,Esquire [ ] Marisa J.Cotten, Esquire [ ]Kevin T.McQuail,Esquire [ ]Christine 1,.Graham,Esquire [ ]Brian T.LaMantia, Esquire [ ] Ann E.Swartz, Esquire [ ]Joseph F.Riga,Esquire [IR]Joseph 1.Foley,Esquire [ ]Celine P.DerKrikorian, F?:quire Attorneys for Plaintiff dao Results as of:Nov-05-2013 07:54:12 Department of Defense Manpower Data Center SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: PHAM First Name: HUNG Middle Name: Q Active Duty Status As Of: Nov-05-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or Hia/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date OrderNotBication Start Date Order Notification End Date Status Service Component NA NA I No NA This response reflects whether the Individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Ohl 4A4-4�*_ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Rep6rting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA maybe invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: B5Z29D37YOE2820 • OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle,Pennsylvania 17013 Prothonotary To: Hung Pham a/k/a Hung Q. Pham SCI Benner,301 Institution Drive Bellefonte,Pennsylvania 16823 Bank of America,N.A. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Hung Pham a/k/a Hung Q.Pham No. 13-4814 Defendant NOTICE Pursuant to Rule 236,you are hereby notified that a JUDGMENT has be enter the proceeding as indicated below. a� Prothonota X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment,please call McCabe,Weisberg and Conway, P.C. at(215)790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION FILE NO.: 13-4814 Civil Term Bank of America,N.A. v. AMOUNT DUE: $302,617.79 Hung Pham a/k/a Hung Q.Pham INTEREST:from 11/06/13 w - $7,661.50 at$49.75 `"' s` ATTY'S COMM.: `. , COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale,contract,or ac ouriN - based on a confession of judgment,but if it does,it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended;and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County,for debt, interest and costs upon the following described property of the defendant(s) 1080 Oakville Road,Newville,Pennsylvania 17241 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County,for debt,interest and costs,as above, directing attachment against the above-named garnishee(s)for the following property(if real estate,supply six copies of the description;supply four copies of lengthy personalty list) and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s). (Indicate)Index this writ against the garnishee(s)as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: BY: [ ]Terrence J. cCabe,Esq. [ ]Marc S.Weisberg,Esq. [ ]Edward D. onway,Esq. [#11Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. /� „A t(2 ,SU [ ]Marisa J.Cohen,Esq. [ ]Kevin T.McQuail,Esq. W �F [ ]Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. \€) , _.1 S [ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. ` t_ S�LL t Attorneys for Plaintiff Firm: M:123 S.Broad SBERG AND CONWAY po ",S Address:123 S.Broad Street, Suite 1400 Philadelphia,PA 19109 Attorney for:Plaintiff Telephone:(215)790 1010 Supreme Court ID No._ )6(tRt,f' C Ps., WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4814 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA,N.A. Plaintiff(s) From HUNG PHAM A/K/A HUNG Q.PHAM (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $302,617.79 L.L.: $.50 Interest FROM 11/06/13-$7,661.50 AT$49.75 Atty's Comm: Due Prothy: $2.25 Atty Paid: $201.75 Other Costs: Plaintiff Paid: Date: 1/27/14 j David D. Bu-11,Prothonotary (Seal) t • // id. - _ �/_ Deputy REQUESTING PARTY: Name: MARGARET GAIRO,ESQUIRE Address: MCCABE,WEISBERG AND CONWAY 123 S. BROAD STREET,SUITE 1400 PHILADELPHIA,PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 LEGAL DESCRIPTION ALL that certain tract of land situate in North Newtown Township,Cumberland County, Pennsylvania,more particularly bounded and described as follows: BEGINNING at a white oak at the corner of land now or formerly of Orval W. Baer and lands formerly of Walter W.Fickes North 43 degrees 50 minutes 00 seconds 627.00 feet to a stake,passing across Township Road No. 386 and a stream;thence along lands now or formerly of Raymond M. Singer South 45 degrees 40 minutes 00 seconds East 200.00 feet to a stake(passing across the aforementioned stream);thence along lands now or formerly of George E. Miller South 43 degrees 55 minutes 00 seconds West 6060.68 feet to a stake(passing across Township Road No. 386)thence along lands now or formerly of Orval W. Baer North 51 degrees 30 minutes 00 seconds West 200.00 feet to a point, a white oak,the place of BEGINNING. CONTAINING 2.826 acres, more or less. BEING all of Lot No. 2 on Survey of Thomas A. Neff, R. S. dated August 19, 1974. 1080 Oakville Road,Newville,Pennsylvania 17241. BEING the same premises which STEPHEN L. WISER, SINGLE MAN by deed dated September 22, 2006 and recorded September 28, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 276,Page 4315, granted and conveyed to Hung Q. Pham, in fee. TAX MAP PARCEL NUMBER: 30-08-0597-015B McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 '_ MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 -� MARISA J.COHEN,ESQUIRE-ID#87830 (Pc ter= KEVIN T.McQUAIL,ESQUIRE-ID#307169 GG -�a (1) CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 Cl _fig BRIAN T.LaMANNA,ESQUIRE-ID#310321 z c2 I;"3 , ANN E.SWARTZ,ESQUIRE-ID#201926E JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. NO: 13-4814 Hung Pham a/k/a Hung Q.Pham Defendant AFFIDAVIT PURSUANT TO RULE 3129 The undersigned,attorney for Plaintiff in the above action,sets forth the following information concerning the real property located at: 1080 Oakville Road,Newville,Pennsylvania 17241,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property being attached hereto. I. Name and address of Owner or Reputed Owner Name Address Hung Pham a/k/a Hung Q.Pham SCI Brenner 301 Institution Drive Bellefonte,Pennsylvania 16823 2. Name and address of Defendant in the judgment: Name Address Hung Pham a/k/a Hung Q. Pham SCI Brenner 301 Institution Drive Bellefonte,Pennsylvania 16823 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff 1800 Tapo Canyon Road Mail Stop#SV-103 Simi Valley,California 93063 Cumberland County Adult Probation 1 Courthouse Square Carlisle,Pennsylvania 17013-3387 Case Credit Corporation P.O.Box 292 Racine, Wisconsin 5340-0292 Dauphin Deposit Bank&Trust 802 Walnut Bottom Road Company Shippensburg,Pennsylvania 17257 Wiser,Stephen L. 1080 Oakville Road Newville,PA 17241 4. Name and address of the last recorded holder of every mortgage of record: Name Address Bank of America,N.A. 1800 Tapo Canyon Road Mail Stop#SV-103 Simi Valley,California 93063 Mortgage Electronic Registration P.O.Box 2026 Systems Flint,Michigan 48501-2026 SLM Financial Corporation 6000 Commerce Parkway Suite A Mt.Laurel,New Jersey 08054 JPMorgan Chase Bank,National 700 Kansas Lane Association MC 8000 Monroe,Louisiana 71203 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 1080 Oakville Road Newville,Pennsylvania 17241 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 8th Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor,Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O.Box 320 Cumberland County Carlisle,PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue,Ste.311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street,Ste.220 Harrisburg,PA 17108-1754 United States of America do U.S.Dept of Justice,Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States of America c/o U.S.Dept of Justice,Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. BY: �j [ ] Terrence .McCabe,Esq. [ ] Marc S.Weisberg,Esq. D E [ ] Edward .Conway,Esq. ,[/fMargaret Gairo,Esq. [ ] Andrew L.Markowitz,Esq. [ ]Heidi R.Spivak,Esq. [ ] Marisa J.Cohen,Esq. [ ] Kevin T.McQuail,Esq. [ ] Christine L.Graham,Esq. [ ] Brian T.LaManna,Esq. [ ]Ann E.Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. Attorneys for Plaintiff 4 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET CAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 �i BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 cp JOSEPH I.FOLEY,ESQUIRE-ID#314675 = c CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 r • 123 South Broad Street,Suite 1400 w Philadelphia,Pennsylvania 19109 7_ (215)790-1010 CIVIL ACTION LAW Bank of America,N.A. COURT OF COMMON PLEAS v. CUMBERLAND COUNTY Hung Pham a/k/a Hung Q.Pham Number 13-4814 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Hung Pham a/k/a Hung Q.Pham SCI Brenner 301 Institution Drive Bellefonte,Pennsylvania 16823 Your house(real estate)at 1080 Oakville Road,Newville,Pennsylvania 17241 is scheduled to be sold at Sheriffs Sale on June 4,2013 at 10:00 a.m.in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013 to enforce the court judgment of$302,617.79 obtained by Bank of America,N.A.against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Bank of America,N.A.the back payments, late charges, costs,and reasonable attorney's fees due. To fmd out how much you must pay,you may call McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened,you may call McCabe,Weisberg and Conway,P.C.at(215)790-1010. 4. If the amount due from the buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty(30)days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed schedule of distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the schedule of distribution. 7. You may also have other rights and defenses,or ways of getting your real estate back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A. Plaintiff v. Hung Pham a/k/a Hung Q. Pham Defendant j t ;11 il! APR 114 MI 1! 3 0 CUMBERLAND COUNTY PENNSYLVANIT: CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 13 -4814 AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 9th day of April, 2014, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth m Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME THIS DAY ' , 2014 ; . rl /1/.L �;OT4RY PUB� ; - eff ENNSYL SEAL BARBARA J. B :vYER, Notary Public Comniission Philadelphia, Phila County 1 2018 McCABE, WEISBERG & CO BY: 7------;2"-L" 7� [)(] Terrence J. McCabe, Esquire /[ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff ?VAC./ P.C. ] Marc S. Weisberg, Esquire ] Margaret Gairo, Esquire ] Heidi R. Spivak, Esquire ] Christine L. Graham, Esquire ] Ann E. Swartz, Esquire ] Joseph I. Foley, Esquire ] Jennifer L. Wunder, Esquire ] Carol A. DiPrinzio, Esquire McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A. Plaintiff v. Hung Pham a/k/a Hung Q. Pham Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 13 -4814 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 1080 Oakville Road, Newville, Pennsylvania 17241, as of the date the Praecipe for the Writ of Execution Was filed. A copy of the description of said property is attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Hung Pham a/k/a Hung Q. Pham 1080 Oakville Road Newville, Pennsylvania 17241 Hung Pham a/k/a Hung Q. Pham SCI Brenner 301 Institution Drive Bellefonte, Pennsylvania 16823 2. Name and address of Defendant in the judgment: Name Address File #74777 Page 1 Hung Pham a/k/a Hung Q. Pharr SCI Brenner 301 Institution Drive Bellefonte, Pennsylvania 16823 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff Cumberland County Adult Probation 1 Courthouse Square Carlisle, Pennsylvania 17013 -3387 Case Credit Corporation P.O. Box 292 Racine, Wisconsin 5340 -0292 Dauphin Deposit Bank & Trust 802 Walnut Bottom Road Company Shippensburg, Pennsylvania 17257 Wiser, Stephen L. 1080 Oakville Road Newville, PA 17241 4. Name and address of the last recorded holder of every mortgage of record: Name Address Bank of America, N.A. 1800 Tapo Canyon Road Mail Stop #SV -103 Simi Valley, California 93063 Mortgage Electronic Registration P.O. Box 2026 Systems Flint, Michigan 48501 -2026 SLM Financial Corporation JPMorgan Chase Bank, National Association 6000 Commerce Parkway Suite A Mt. Laurel, New Jersey 08054 700 Kansas Lane MC 8000 Monroe, Louisiana 71203 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: File #74777 Page 2 Name Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants /Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue Address 1080 Oakville Road Newville, Pennsylvania 17241 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 -8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 -1230 PO BOX 280948 Harrisburg PA 17128 -0948 Clearance Support Department 281230 Harrisburg, PA 17128 -1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128 -0946 Attn: Sheriffs Sales File #74777 Page 3 United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108 -1754 U.S. Dept. of Justice, Rm 4400 950 Pennsylvania Avenue, NW Washington, DC 20530 U.S. Dept. of Justice, Rm 5111 950 Pennsylvania Avenue, NW Washington, DC 20530 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. U\ � fi DATE McCABE, BERG & CONWAYY P.C. BY: errence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff Re: Bank of America, N.A. v. Hung Pham a/k/a Hung Q. Pham. et al. Cumberland County; Number: 13 -4814 [ ] Marc S. Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire File #74777 Page 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A. Plaintiff v. Hung Pham a/k/a Hung Q. Pham Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 13 -4814 DATE: April 9, 2014 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Hung Pham a/k/a Hung Q. Pham PROPERTY: 1080 Oakville Road, Newville, Pennsylvania 17241 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $302,617.79 The above - captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on June 4, 2013 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. w Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St., Suite 2080 Philadelphia, PA 19109 ATTN: S. Gorman - 74777 Check type of mail or service: 0 Certified 0 Recorded Delivery (International) 0 COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation 0 Insured US POSTAGE; F T1t.!v HOWES „••. •,a •r ;, • i� 1 •. Line Article Number Postage 1 ; r • } • • " -.. _ 'il *�� =' ` % = =- ., �6. a �j 02 0001377494 1 r r:i • • APR •• 09 2014 C S 1 Bank of America, N.A. Plaintiff v. Hung Pham a /k/a Hung Q. Pham Defendant Cumberland County Adult Probation 1 Courthouse Square Carlisle, Pennsylvania 17013 -3387 r.�yC 71r° ID -P 2 Case Credit Corporation P.O. Box 292 Racine, Wisconsin 5340 -0292 ' - ` 3 Dauphin Deposit Bank & Trust Company 802 Walnut Bottom Road Shippensburg, Pennsylvania 17257 4 Wiser, Stephen L. 1080 Oakville Road Newville, PA 17241 5 Bank of America, N.A. 1800 Tapo Canyon Road Mail Stop #SV -103 Simi Valley, California 93063 6 Mortgage Electronic Registration Systems P.O. Box 2026 Flint, Michigan 48501 -2026 7 SLM Financial Corporation 6000 Commerce Parkway Suite A Mt. Laurel, New Jersey 08054 8 JPMorgan Chase Bank, National Association 700 Kansas Lane MC 8000 Monroe, Louisiana 71203 9 Tenants /Occupants 1080 Oakville Road Newville, Pennsylvania 17241 • 10 Tax Claim Bureau 1 Courthouse Square, Carlise, PA 17013 11 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 12 Commonwealth of Pennsylvania Inheritance Tax Office 110 North 8th Street Suite #204 Philadelphia, PA 19107 13 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 14 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 -8486 15 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 -1230 16 PA Department of Revenue Bureau of Compliance Lien Section PO BOX 280948 Harrisburg PA 17128 -0948 17 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support Department 281230 Harrisburg, PA 17128 -1230 ATTN: Sheriff's Sales 18 19 United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17013 20 Commonwealth of PA Department of Revenue Bureau of Compliance Department 280946 Harrisburg, PA 17128 -0946 Attn: Sheriff's Sales 21 United States of America c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 22 United States of America c/o United States Attorney for the 2010 -5387 District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108 -1754 23 United States of America c/o Atty General of the United States U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530 -0001 24 United States of America c/o Atty General of the United States U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530 -0001 Total Number of Pieces Listed by Sender 24 Total Number of Pieces Received at Post Office Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor •SHERIFF'S OFFICE OF CUMBERLAND COUNTY OF THE PROTHONO T%\R 2Uih,SEP 18 P; 2:02 CUMBERLAND COUNTY PENNSYLVANIAN OFFICE OFg SHERIFF Bank of America, N.A. vs. Hung Quang Pham a/k/a Hung Q. Pham Case Number 2013-4814 SHERIFF'S RETURN OF SERVICE 03/05/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Hung Quang Pham but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Centre County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 03/24/2014 02:50 PM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1080 Oakville Road, North Newton - Township, Newville, PA 17241, Cumberland County. 04/15/2014 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Centre County upon Hung Quang Pham a/k/a Hung Q. Pham, personally, at SCI Benner, 301 Institution Drive, Bellfonte, PA 16823 on 4/9/2014. So Answers: Denny Nau, Centre County Sheriff. 06/04/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of $1.00 to Attorney Terrance McCabe, on behalf of, Bank of America, N.A., being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $1,026.37 July 02, 2014 (c) County er ric. SO ANSWERS, RON�R ANDERSON, SHERIFF Dov iod a. a " F6 Lo. sz, , .. 4f, 971 7,3 3/f L?3 On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA, Known and numbered as 1080 Oakville Road, Newville, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-4814 Civil Term Bank of America, N.A. vs. Hung Quang Pham a/k/a Hung Q. Pham Atty.: Terrence McCabe ALL that certain tract of land situate in North Newtown Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at a white oak at the corner of land now or formerly of Orval W. Baer and lands formerly of Walter W. Fickes North 43 degrees 50 minutes 00 seconds 627.00 feet to a stake, passing across Township Road No. 386 and a stream; thence along lands now or formerly of Ray- mond M. Singer South 45 degrees 40 minutes 00 seconds East 200.00 feet to a stake (passing across the afore- mentioned stream); thence along lands now or formerly of George E. Miller South 43 degrees 55 minutes 00 seconds West 6060.68 feet to a stake (passing across Township Road No. 386) thence along lands now or formerly of Orval W. Baer North 51 degrees 30 minutes 00 seconds West 200.00 feet to a point, a white oak, the place of BEGINNING. CONTAINING 2.826 acres, more or less. BEING all of Lot NO.2 on Survey of Thomas A. Neff, R. S. dated August 19, 1974. 1080 Oakville Road, Newville, Pennsylvania 17241. BEING the same premises which STEPHEN L. WISER, SINGLE MAN by deed dated September 22, 2006 and recorded September 28, 2006 in the office of the Recorder in and for Cum- berland County in Deed Book 276, Page 4315, granted and conveyed to Hung Q. Pham, in fee. TAX MAP PARCEL NUMBER: 30- 08-0597-015B. 92 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: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Y1/1^"-• Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. 2020 Technology -Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the liatriot*News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its.principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2013-4814 Civil Term _Hardt of America, N.A. Vs Hung Wang Pham aIkla Hung Q. Phac Any; Terrance MCat E ), min es 00 seconds 621.00 feet to a Z stake, passing across Township Road along , No. 386 and a stream; thence lands now or formerly of Raymond M. i Singer South 45 degrees 40 minutes 00 seconds East 200.00 feet to a stake . (passing across the aforementioned of rds stream); thence along lands now or formerly of George E. MillerSouth 43 _EiffirercSCmimo.gcno Crr& West_ This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 a d subscribed before m th. 2 day of May, 2014 A.D. tary • ublic WEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER. PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bank of America is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 27th day of January, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 4814, at the suit of Bank of America N A against Hung aka Hung Q Pham is duly recorded as Instrument Number 201421191. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 1 8 4k) , A.D. a of Li day of L,(2.g r7, .De o Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018 Recorder of Deet s