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Home My WebLink About13-6136 Supreme Court- + Cour .'f Comm Pleas �. For Prothonotary Use Only: io_ er eet CU '^ f % Count � � �' Docket No: rr i L a 0 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or otherpapers as required by law or rules of court. S Commencement of Action: Complaint Writ of Summons Petition E Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff % Name: CALIBER HOME LOANS, INC. Lead Defendant I Name: MARGARET A. SCOTT T F/K/A VERICREST FINANCIAL, INC. I Are money damages requested? Yes No Dollar Amount Requested: within arbitration limits U (Check one) outside arbitration limits N Is this a Class Action Suit? Yes No Is this an MDJ Appeal? Yes No A Name of Plaintiff /Appellant % Attorney: Adam H. Davis, Esq., Id. No.203034, Phelan Hallinan, LLP Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an `% "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 REAL PROPERTY MISCELLANEOUS Toxic Tort - Implant 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 ❑ Mortgage Foreclosure: Commercial Quo Warranto PROFESSIONAL LIABILITY Partition Replevin Dental Quiet Title Other: Legal Other: Medical Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 T 3-NOTARY 2013 0C 1 21 AM 10.21 Cu-j �� t� SY�VA PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215 -563 -7000 CALIBER HOME LOANS, INC. F /K/A VERICREST FINANCIAL, INC. COURT OF COMMON PLEAS 13801 WIRELESS WAY OKLAHOMA CITY, OK 73134 CIVIL DIVISION Plaintiff TERM NO. )3'b MARGARET A. SCOTT 2012 CLARENDON STREET CUMBERLAND COUNTY CAMP HILL, PA 17011-3827 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE .� 0l < File #t: 813004 CI L ,c�q*1 oAg I . Plaintiff is CALIBER HOME LOANS, INC. F /K/A VERICREST FINANCIAL, INC. 13801 WIRELESS WAY OKLAHOMA CITY, OK 73134 2. The name(s) and last known address(es) of the Defendant(s) are: MARGARET A. SCOTT 2012 CLARENDON STREET CAMP HILL, PA 17011 -3827 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 08/07/2006 MARGARET A. SCOTT made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1962, Page 1841. By Assignment of Mortgage recorded 01/10/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201301055.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. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/0 1 /2009 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 File #: 813004 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 10/01/2013: Principal Balance $138,016.60 Interest $44,165.28 10/01/2009 through 10/01/2013 Late Charges $2,291.96 Inspections 15.00 Escrow Deficit $25,262.92 TOTAL $209,751.76 7. 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. 8. 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 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 813004 9. RAYMOND A. SCOTT was a co- record owner of the mortgaged premises as a tenant by the entirety. By virtue of RAYMOND A. SCOTT's death on or about 04/19/2006, his ownership interest was automatically vested in the surviving tenant by the entirety. 10. Plaintiff hereby releases RAYMOND A. SCOTT, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $209,751.76, 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 HALLINAN, LLP Y Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff File #: 813004 LEGAL DESCRIPTION That certain piece or parcel of land, and the buildings and improvements thereon, known as 2012 Clarendon Street located in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, and being more particularly described in a Deed recorded on May 29, 1973 at Book E, Volume 25 Page 102 of the Cumberland County Land Records. Raymond A. Scott and Margaret A. Scott having taking title as tenants by the entireties by deed dated May 21, 1973 and recorded May 29, 1973 in Book E Volume 25, Page 102. Raymond A. Scott and Margaret A. Scott were continuously married to each other. Raymond A. Scott left this life on April 19, 2006 in East Pennsboro, PA. Title now vest solely in Margaret A. Scott as survivor. Parcel ID # For title reference see Deed recorded May 29, 1973 in Book E, Volume 25, Page 102 PROPERTY ADDRESS: 2012 CLARENDON STREET, CAMP HILL, PA 17011 -3827 PARCEL #01 -21- 0271 -151 File #: 813004 r VERIFICATION hereby state that I am Default Service Officer of CALIBER HOME LOANS, INC., 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 k s /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. CALIBER HOME LOANS, INC. DATE: �� «f �3 M I �Ao Name. mevcd 6'kc ea01 Title: D' uv- �3 C'4k e owce( File #: 813004 Name: SCOTT File #: 813004 f FORM 1 IN THE COURT OF COMMON PLEAS CALIBER HOME LOANS, INC. F/K/A OF CUMBERLAND COUNTY, PENNSYLVANIA VERICREST FINANCIAL, INC. Plaintiff(s) vs. MARGARET A. SCOTT Defendants) S� ivii NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: C Date Adam H. Davis, Esq., Id. No.203034<C t Attorney for Plaintiff �' o ° `' 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: CUSTOMER/PRIMARY Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Ej en rases: (Please only include expenses you are currently paying) EXPENSE AMOUNT, EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /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 I 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 % 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 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 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 #: 813004 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor �i i l 3E r€ Caliber Home Loans, Inc. vs. Case Number Margaret A Scott 2013-6136 SHERIFF'S RETURN OF SERVICE 10/22/2013 08:35 PM - Deputy Ronald Hoover, 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: Margaret A Scott at 2012 Clarendon Street, Camp Hill Borough, Camp Hill PA 17011. RONALD HOOVER, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, October 23, 2013 RONW R ANDERSON, SHERIFF ;ou"t}8u'�6n.•nf'.ieoose!i.�..,,. PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 2!U11 FFB _ c Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 ° "�"`'� L%; p COt`rl�,�, 215-563-7000 x 1360 1 LNNS Y�.1�ANIA' CALIBER HOME LOANS, INC. F/K/A VERICREST Court of Common Pleas FINANCIAL, INC. 13801 WIRELESS WAY Civil Division OKLAHOMA CITY, OK 73134 No. 13-6136-CIVIL Plaintiff v. Cumberland County MARGARET A. SCOTT 2012 CLARENDON STREET CAMP HILL, PA 17011-3827 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc. (hereinafter "Plaintiff'), by its attorney, D. Troy Sellars, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On October 21, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon her mortgage due November 1, 2009, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit"A". 2. On October 22, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendant. A true and correct copy of the Sheriffs Return of Service is attached hereto, made part hereof and marked as Exhibit"B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the 813004 Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty(60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, G✓ l 3u PHELAN HAT .INAN, LLP ' .� Date: / y BY: D. Troy '3"ellars, Esquire Attorney for Plaintiff 813004 • Exhibit "A" FILED-OFFICE OF THE PROTHONOTARY • 2013 OCT 21 A$10: 21 CUPENNSYLVANIIA PHELAN HALLINAN,LLP Adam H.Davis,Esq.,Id.No.203034 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 CALIBER HOME LOANS,INC. F/K/A VERICREST FINANCIAL,INC. COURT OF COMMON PLEAS 13801 WIRELESS WAY OKLAHOMA CITY, OK 73134 CIVIL DIVISION Plaintiff TERM 6/.1/ v. NO. 13436 MARGARET A. SCOTT 2012 CLARENDON STREET CUMBERLAND COUNTY CAMP HILL,PA 17011-3827 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE ne Abu yam, TO?':'i = OP #O .M aim p��` �,CTU .1rrni. DV and File#: 813004 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 A F IORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIAHON CUMBERLAND COUNTY COURT! 01 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 1-11c! 81300) PHELAN HALLINAN,LLP Adam H.Davis,Esq.,Id,No.203034 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Adam.Davis@P mil I al linan,com 215-563-7000 CALIBER HOME LOANS, INC. F/K/A VERICREST FINANCIAL, INC. COURT OF COMMON PLEAS 13801 WIRELESS WAY OKLAHOMA CITY, OK 73134 CIVII.DIVISION Plaintiff TERM V. NO. MARGARET A. SCOTT 2012 CLARENDON STREET CUMBERLAND COUNTY CAMP HILL, PA 17011-3827 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORE,CLOSULT 1 ,4 l IT is CALIBER HOME LOANS, INC. F/K/A VER8CRBS[FINANCIAL, |�{, 13801 WIRELESS WAY OKLAHOMA CITY, OK73|}4 �. i'he name(s) and last known address(es) of the Defendant(s) arc: MARGARET&. SCOTT 2012 C[^lKEND0N8TREET CAMP HILL,PA 17011-3827 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafer(leSCfll)ed. (}nO8/07/7006 MARGARET /\. SCOTT made. executed and delnered a mortgage upon the premises hereinafter described hnMORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC \8YV()��I�[�B}� ADVANCED^ ` INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book \962, Page |84L By A i on{ n[Mmt&ugcrccoo]ud 01/|02Ol3 the mortgage was assigned 0uPLAINTIFF, which Assignment is recorde in Assignment of Mortgage Instrument No. 201301055.The mortgage and assignment(s), if any, are matter of public record and are incorporated hereixi by reference in accordance with Pu.K.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents 10 pleadings if those documents are o public record 4 ]l e pi cruises sLlh)ect to said rnirtgage is described as attached. The mortgage ��k�u�cisiudobhoouuaoroouUdypuymuni [ opdooipo| m'dioterxguponao`J mortgage due 11/01/2009 and each month thereafter are due and unpaid, and by tire terms o[said mortgage, upon failure o[Mortgagor m make such payments after u date xpccificd by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 10/01/2013: Principal Balance $138,016,60 Interest $44,165.28 10/01/2009 through 10/0 1/2013 Late Charges S'),79 I,i6 Inspections I Escrow Deficit $75,102,92 TOTAL $209,751,76 7 Plaintiff is Cott seeking a_judgment of personal liability(or an in personain judgmcnt) 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 hi Pennsylvania Law, 8, Notice of Intention to Foreclose as set forth in Act.6 of 1974, Notice of homeowner's Emergency Mortgage Assistance Pro'am 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 Defendani(s) on the date(s) set tbrth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. ' 9. RAYMOND A, SCOTT was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of RAYMOND A. SCO7T'o death onmz about 04/l4/2O06. his ownership interest was automatically vested in the surviving tenant by the 10. Plaintiff hereby releases RAYMOND A. SCOTT, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of' $209,751,76,together with interest, costs, fees, and charges collectible under the mortgage including hut not limited to attorney fees and costs, and for the foreclosure and sale of the ( mortgaged property, PfIEI=&0HAl]INAN, TIP By: __ 6�~-1-''-e.A1/.��. m�~��c��- Adam E[. Davis, Bam.. Id.No.203O34 Attorney for Plaintiff LEGAL DESCRIPTION That certain piece or parcel of land, and the buildings and improvements thereon,known as 2012 Clarendon Street located in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, and being more particularly described in a Deed recorded on May 29, 1973 at Book F, Volume 25 Page 102 of the Cumberland County Land Records. Raymond A. Scott and Margaret A, Scott having taking title as tenants by the entireties by deed dated May 21, 1973 and recorded May 29, 1973 in Book E Volume 25, Page 102. Raymond A. Scott and Margaret A. Scott were continuously married to each other. Raymond A. Scott left this life on April 19, 2006 in East Pennsboro, PA. Title now vest solely in Margaret A, Scott as survivor. Parcel ID For title reference see Deed recorded May 29, 1973 in Book F, Volume 25, Page 102 PROPERTY ADDRESS: 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827 PARCEL #01-21-0271-151 • FORM 1 IN"1'I Ih..:COUR'i OF COMMON PLEAS CALIBER 1101%,4b.LOANS,INC. F/K/A OF CUMBERLAND COUNTY,PENNSYLVANIA VERICRES"I pLNAN(..:IAL,INC, Plaintiff(s) vs. M ARGA.RL I'A. SCOTT Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECI.,OSURE 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 at conciliation conference, First,within twenty(20)days of your receipt of this notice,you must contact MidPenn l.cgal Services at(717)2e13-9,100 extension 2510 or(800) 322-528:1 extension 2510 and request appointment ot'it Ickal representative in no charge to vcau, Once you have been appaanntt'ii a legal representative,you must promptly wet with that legal representative wit(tin twenty Ef01 days of the appointment dine During,that autxtlugt,yc+u boast lryrt+c irlr the ruttish relai'i":rvtl,atr+t'wart all I c'giit'ti ttd hinant tat idetitlitti,'ti',ii{teat as loan rt"ai.lsolaria l stYtftflti#al can be prepared on wait bettall. It you and son ht! ) it:presentative€'o gih'ti I it math'tat win tit the hataste attached 1lerCto,the legal te°piesentiit i5'e will prepare and a Reeptte'it for t`,ua:0:3t iiii t Gi iIt ti'tacc wilt tlti'1 neat,wItwit trust be tiled with the Court within sixty(60)days of'the service upon you tt,f tlw 1itreelustiri'complaint, If yi it iii so and a conciliation conference is scheduled,you will have an opportunity to nit;ctt with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage ftucoliasait'suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for tt conciliation conference. It is not necessary for you to contact MidPcnn Legal Service for the appointment of a legal iv presentative„ ((towev ter.,vi at mica provide your lawyer with all requested Iiirutucadl nfirrmlltIiau'a'that a loan resolution pttopumtll rain lac prepared rue vow'behalf if you and your lawyer complete a financial worksheet lit thin format mulched hereto.your lawyer will repine mat file a Itcgtti'y:t tar Cintc'ilialton('toileti'm i'with lht'Court.ithtch 111010 0e 1001 uultln ynty(601 days et the'stir 41)44441 Viii it the Ititec'h score i.omlilaint. It you ski so and tt 4' e r. ssttciluIi0,you will have;au;ulna-tunny to meet with.i representative of you; lender iit ail;111c11gii II, Wt,rl,,■iii 1.0p,l tacrtt, wilt vmu bc'iiati-thw mtaittt).itt;t' foreclosure suit proceeds lotveo0 IF YOU WISH TO SAVE YOUR HOME, YOU MIST ACT QUICKLY AND',FAKE THE S'T'EPS REQUIRED BY TIIIS NOTICE. THIS PROGRAM IS FREE. Respectfully tuhnuttett (gate Adam H.Davis,Esq., 10. No 20.1034 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket 4 BORROWER REQI.JES'I FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to detentiine possible Options while working with your counseling agency. Please provide the following information to the best of your knowledge: CIISTOMER/PRIMARY APPLICANT Borrower iiame(s): Property Address: City: State: Zip: Is the property bar sale? Yes n No [I] listing date. _Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes[11 No E Mailing Address(if different): City: State: Phone Numbers: Home: Office: Other: Email: ti of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip' Phone Numbers: liomc: Office: Cell: Other: #of people in household: How long? FINANCIAL INFORMATION First Mortgage I,ender: Type of I:oar): Loan Number: Date You Closed Your Loan: Second Mortgage I ender: ri'ype of Loan: Loan Number: Foini rncluticdTaxc. & thwrdnc.e: DA•e. tI nwilL Rco;oJI for Delaint „„„ Is the loan in Bankruptcy? Yes E No El 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 Model: Year: Amount owed: Value: Automobile#2: Model: Amount owed: Value: 0!her transai it tat i tit(40111 li 714 op0;:, ilun.sycyclo): Model: Year: Amotiin owed: Value Monthly ittcomc Name of Employers: I Monthly Cross Monthly Net 2 fvlonthly Gross Monthly Net Monthly Gross _Monthly Not Additional Income Description (not wages) 1. monthly amount: 2 mo»lidy amount: Borrower Pay Days: Co-Borrower Pay Days- ItillataLEADenScS:,(Please only include expenses you are currently paying) FEXPENS AMOI N't." EXPENSE AMOUNT M or(gage Food ivk.,rag. Utilities Car PayilictitG) Condo/Neigh Fees Auto Insurance Med (not covered) I Auto IneViepaim II Other prop Nynicut I Install. Loan Pii)meta I Cable TV , Child StiopotiAlim. spending Morey Davit Old Cale/Tun. 1 1 Other Expenses Amount Available for Monthly Moitgage Payments Based on Income&Expenses: Have you been working with a flousing Counseling Afieney9 Yes Li Nofl If yes,please provide the Follow infOrmat ion Counr;eling Ageik.y: Counselor Phone(Office): Fax Ismail: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEM AP) assistance? Yes❑ No ❑ if yes,please indicate the status of the application: have you had any prior negotiations with your lender or lender loan servicing company to resolve your delinquency? Yes❑ No ❑ If yes,please indicate the status of those negotiations: Please provide the following information, 11 known, regarding your lender and lender% loan servicing company: Lender Contact (Name):_ Phone. Servicing Company(Name): Contact: Phone, I/We, , authorize the above named to usetrefer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. 1/We understand that Ewe am/are under no obligation to use time 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) VERIFICATION hereby state that I am Default Service Officer of CALIBER HOME LOANS, INC.,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 oh /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. CALMER HOME LOANS,INC, DATE: Of 15 Name, mevc.d..be,ccr- -& x. Title: Deck0A- vce Ocrcet- FileY: 813004 Name; SCOTT Exhibit "B" r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,I +v rt Caarin. Jody S Smith Chief Deputy Richard W Stewart Solicitor oats of ME Now Caliber Home Loans, Inc. Case Number vs. Margaret A Scott 2013-6138 SHERIFF'S RETURN OF SERVICE 10/22/2013 08:35 PM-Deputy Ronald Hoover,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 Margaret A Scott at 2012 Clarendon Street,Camp Hill Borough,Camp HI •A 17011. 401, RONALD HOOVER, I • SHERIFF COST:$44.95 SO ANSWERS, October 23,2013 RONhR ANDERSON,SHERIFF PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 CALIBER HOME LOANS, INC. F/K/A VERICREST Court of Common Pleas FINANCIAL, INC. 13801 WIRELESS WAY Civil Division OKLAHOMA CITY, OK 73134 No. 13-6136-CIVIL Plaintiff v. Cumberland County MARGARET A. SCOTT 2012 CLARENDON STREET CAMP HILL, PA 17011-3827 Defendant CERTIFICATION OF SERVICE I, D. Troy Sellars, Esquire, certify that I caused true and correct copies of Plaintiff's Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: MARGARET A. SCOTT 2012 CLARENDON STREET CAMP HILL, PA 17011-3827 Date: / 41/1`1 By: D. Troy Scars, Esquire Attorney for Plaintiff 813004 . V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CALIBER HOME LOANS, INC. F/K/A VERICREST Court of Common Pleas FINANCIAL, INC. 13801 WIRELESS WAY Civil Division OKLAHOMA CITY, OK 73134 No. 13-6136-CIVIL Plaintiff v. Cumberland Countyc,_- 0 MARGARET A. SCOTT zr"-, '; 2012 CLARENDON STREET w CAMP HILL, PA 17011-3827 r--a- -J r Defendant -- ; r_ Jr— ORDER AND NOW,this /0' day of 74441 , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY TH OURT: "et di1 J. cc : Margaret A. Scott D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff 813004 PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 MARGARET A. SCOTT 2012 CLARENDON STREET CAMP HILL, PA 17011-3827 CO?i£s (s a/1c/i 813004 r,r y PHELAN HALLINAN, LLP , , �, r Attorney for Plaintiff b I Adam H. Davis, Esq., Id. No2t'3113'4 ' ° • fir ' 1617 JFK Boulevard, Suite 14Q F. R L A D COURT' One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 CALIBER HOME LOANS, INC. F/K/A : CUMBERLAND COUNTY VERICREST FINANCIAL,INC. : COURT OF COMMON PLEAS vs. : CIVIL DIVISION MARGARET A. SCOTT : No. 13-6136-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MARGARET A. SCOTT, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $209,751.76 TOTAL $209,751.76 I hereby certify that(1) the Defendant's last known address is 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827, and (2) that notice has been given in accordance with Rule Pa.37V/if('R.C.P2337.1. Date �l�8 �✓ C"-^ Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: `1-\ PH#813004 PROTHONOTARY ask Lilo dti Tts 813004 ktrig.a 7/144 PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H. Davis,Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 CALIBER HOME LOANS, INC. F/K/A : CUMBERLAND COUNTY VERICREST FINANCIAL, INC. : COURT OF COMMON PLEAS vs. : CIVIL DIVISION MARGARET A. SCOTT : No. 13-6136-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) MARGARET A. SCOTT 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, as amended. (b) that defendant MARGARET A. SCOTT is over 18 years of age and resides at 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date kVS/1r Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 813004 • Department of Defense Manpower Data Center Results as of:Mar-05-201412:07:39 AM SCRA 3.0 Status Report 1V ,` P' t to S em ffi Civil Relief Act Last Name: SCOTT First Name: MARGARET Middle Name: A Active Duty Status As Of: Mar-05-2014 On Active Duty On Active Duty Status Date Active Duly Start Data Active Duty End Date Stac � tus Service Component' NA NA This response refle h tl'yMnduals`actf e•,duly status aeied'erethe- O tus Date • ;' •, Left Active Duty,Within 367 Days of Active Duty Status'.Date• Active Duty Start Date Active Duty End Date Status Seevice Component NA NA No NA This response reflects where the individual left actwe dulyfstatus within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was. Notified of a Future Call-Up to Active Duty:on Active Duty Status Date Order Notification Start Date Order Notification End.Date Status Service,Component; NA NA No NA This response reflects whether the individual or his/her unit has received eariynotifieatiop 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. Yhmitt Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 CALIBER HOME LOANS, INC. F/K/A COURT OF COMMON PLEAS VERICREST FINANCIAL, INC. CIVIL DIVISION ` Plaintiff• _ , v. NO. 13-6136-CIVIL MARGARET A.SCOTT Defendant(s) '• CUMBERLAND COUNTY TO: MARGARET A.SCOTT . 2012 CLARENDON STREET CAMP HILL,PA 17011-3827 DATE OF NOTICE: 7,,/ a 7//' " THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER ' IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU.DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. • Office of the Prothonotary CUMBERLAND COUNTY BAR ' . Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)2.39,31-66.. BY op) Emily M.Phelan,Esq., Id. No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#813004 (Rule of Civil Procedure No. 236) - Revised CALIBER HOME LOANS, INC. F/K/A : CUMBERLAND COUNTY VERICREST FINANCIAL,INC. : COURT OF COMMON PLEAS vs. • MARGARET A. SCOTT : CIVIL DIVISION : No. 13-6136-CIVIL Notice i given that a Judgment in the above captioned matter has been entered against you on ✓ 17) By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 813004 m PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CALIBER HOME LOANS,INC.F/K/A VERICREST FINANCIAL, INC. • COURT OF COMMON PLEAS Plaintiff • • CIVIL DIVISION v. NO.: 13-6136-CIVIL MARGARET A.SCOTT Defendant(s) • CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $209,751.76 Interest from 03/07/2014 to Date of Sale $3,103.20 ($34.48 per diem) TOTAL $212,854.96 r41444/‹. 6 - Phelan Hallinan LLP Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. =w ' PH#813004 (( / s �C - 10 " " sc, ti 4, pc/ at:at .as44 ic_44 13 R1SS 1 14\er.._ LEGAL DESCRIPTION ALL those two certain lots or tracts of land situate in the Borough of Camp Hill, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the point of intersection at the northern line of Clarendon Street and the line of adjoiner between Lot No. 100 and Lot No. 101 on the hereinafter mentioned Plan of Lots; thence in a northerly direction by said line of adjoiner 100 feet to a point; thence in an easterly direction on line parallel to Clarendon Street 60 feet to Lot No. 98; thence in a southerly direction by western line of Lot No. 98, 100 feet to the northerly line of Clarendon Street; thence in a • westerly direction by the northern line of Clarendon Street, 60 feet to the point and place of BEGINNING. BEING Lots Nos. 99 and 100 on the Plan of Camp Hill Estates as recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 90. HAVING thereon erected a two (2) story aluminum siding dwelling. TITLE TO SAID PREMISES IS VESTED IN Raymond A. Scott and Margaret A. Scott, his wife, by Deed from William F. Rothman and Susannah M. Rothman, his wife, dated 05/21/1973,recorded 05/29/1973 in Book 25-E, Page 102. Raymond A. Scott departed this life on or about 4/19/2006, at which time his ownership interest automatically vested in the surviving tenant by the entirety. PREMISES BEING: 2012 CLARENDON STREET,CAMP HILL,PA 17011-3827 PARCEL NO. 01-21-0271-151 PHELAN HALLINAN, LLP Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 V' 1617 JFK Boulevard, Suite 1400 ,,i't r% _ One Penn Center Plaza 'rr.te Philadelphia, PA 19103 1.:L, °13LR!. 1 COL;; i Adam.Davis @PhelanHallinan.com PENNSYLVANIA 215-563-7000 CALIBER HOME LOANS,INC. F/K/A VERICREST FINANCIAL, : COURT OF COMMON PLEAS INC. Plaintiff : CIVIL DIVISION v. : NO.: 13-6136-CIVIL MARGARET A. SCOTT Defendant(s) : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff *to • CALIBER HOME LOANS, INC. F/K/A VERICREST COURT OF COMMON PLEAS FINANCIAL, INC. • Plaintiff CIVIL DIVISION v. • NO.: 13-6136-CIVIL • MARGARET A. SCOTT Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CALIBER HOME LOANS,INC.F/K/A VERICREST FINANCIAL,INC.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 2012 CLARENDON STREET,CAMP HILL,PA 17011-3827. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) MARGARET A.SCOTT 2012 CLARENDON STREET CAMP HILL,PA 17011-3827 l 2. Name and address of Defendant(s)in the judgment: rn t�t Name Address(if address cannot be reasonably =` " ascertained,please so indicate) —C� MARGARET A.SCOTT 2012 CLARENDON STREET CAMP HILL,PA 17011-3827 B= I !! • 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may P P g Y P P Y Y be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 2012 CLARENDON STREET CAMP HILL,PA 17011-3827 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ( 7 l By: )/f //� Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 813004 • • CALIBER HOME LOANS,INC. F/K/A VERICREST : COURT OF COMMON PLEAS FINANCIAL, INC. : CIVIL DIVISION Plaintiff : : NO.: 13-6136-CIVIL vs. .W `[�C+� S MARGARET A. SCOTT F.l N CUMBERLAND- Defendant(s) : rcA NOTICE OF SHERIFF'S SALE OF REAL PROPERTY cn --� c_,=; TO: MARGARET A. SCOTT 2012 CLARENDON STREET. N' CAMP HILL,PA 17011-3827 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate) at 2012 CLARENDON STREET, CAMP HILL,PA 17011-3827 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$209,751.76 obtained by CALIBER HOME LOANS,INC.F/K/A VERICREST FINANCIAL,INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ti SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-6136-CIVIL CALIBER HOME LOANS, INC. F/K/A VERICREST FINANCIAL, INC. v. MARGARET A. SCOTT owner(s) of property situate in CAMP HILL BOROUGH, CUMBERLAND County, Pennsylvania, being 2012 CLARENDON STREET, CAMP HILL,PA 17011-3827 Parcel No. 01-21-0271-151 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $209,751.76 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL those two certain lots or tracts of land situate in the Borough of Camp Hill, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the point of intersection at the northern line of Clarendon Street and the line of adjoiner between Lot No. 100 and Lot No. 101 on the hereinafter mentioned Plan of Lots; thence in a northerly direction by said line of adjoiner 100 feet to a point; thence in an easterly direction on line parallel to Clarendon Street 60 feet to Lot No. 98; thence in a southerly direction by western line of Lot No. 98, 100 feet to the northerly line of Clarendon Street; thence in a westerly direction by the northern line of Clarendon Street, 60 feet to the point and place of BEGINNING. BEING Lots Nos. 99 and 100 on the Plan of Camp Hill Estates as recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 90. HAVING thereon erected a two (2) story aluminum siding dwelling. TITLE TO SAID PREMISES IS VESTED IN Raymond A. Scott and Margaret A. Scott, his wife,by Deed from William F. Rothman and Susannah M. Rothman, his wife, dated 05/21/1973, recorded 05/29/1973 in Book 25-E, Page 102. Raymond A. Scott departed this life on or about 4/19/2006, at which time his ownership interest automatically vested in the surviving tenant by the entirety. PREMISES BEING: 2012 CLARENDON STREET,CAMP HILL,PA 17011-3827 PARCEL NO.01-21-0271-151 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-6136 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due CALIBER HOME LOANS,INC. F/K/A VERICREST FINANCIAL,INC. Plaintiff(s) From MARGARET A. SCOTT (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: $209,751.76 L.L.: $.50 Interest FROM 3/7/2014 TO DATE OF SALE($34.48 PER DIEM)-$3,103.20 Atty's Comm: Due Prothy: $2.25 Atty Paid: $193.70 Other Costs: Plaintiff Paid: Date: 3/6/14 David D.Bu-1l, Prothonotary (Seal) e : // i� ' _ Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 • it t ,i r ril tx^dpi . PHELAN HALLINAN, LLP QCs e 10 A torney for Plaintiff John Michael Kolesnik, Esq., Id. No.308PMSERL AND D C o LI j 'i • l�� 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CALIBER HOME LOANS, INC. F/K/A CUMBERLAND COUNTY VERICREST FINANCIAL, INC. Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MARGARET A. SCOTT No.: 13 -6136 -CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached he • . •er'. it "A". Date: 5- hael Kolesnik, Esq., Id. No.308877 rney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 813004 • CALIBER HOME LOANS, INC. F/K/A VERICREST COURT OF COMMON PLEAS FINANCIAL, INC. Plaintiff CIVIL DIVISION v. NO.: 13 -6136 -CIVIL MARGARET A. SCOTT Defendant(s) CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2012 Clarendon Street, Camp Hill, PA 17011-3827. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MARGARET A. SCOTT 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827 2. Name and address of Defendant(s) in the judgment: Name MARGARET A. SCOTT Address (if address cannot be reasonably ascertained, please so indicate) 2012 CLARENDON STREET CAMP HILL, PA 17011-3827 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 813004 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE INTERNAL REVENUE SERVICE ADVISORY U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 2012 CLARENDON STREET CAMP HILL, PA 17011-3827 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorif s. Date: PH # 813004 By: Ph y . allinan, LLP n Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Phelan Hallinan, LLP Address 11111101 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza AZK/JSG - 06/048014 SALE Philadelphia, PA 19103 Name of Addressee, Street, and Post Office Address 1 CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 RE: MARGARET A. SCOTT (CUMBERLAND) PH # 813004/1026 PAGE 1 OF 1 45 DAY Line Article Number Total Numbs of Piero Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) Postage 80.48 80.48 The full deduction of value is required on all domestic and international registered mail. The ma for the reconstruction of nonnegotiable documents under Express Mail document reconstruction h piece subject to a limit of 5500,000 per occurrence. The maximum indemnity payable on Express The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance. Se R900 S913 and S921 for limitations o[coveage. Form 3877 Facsimile PH # 813004 Name and Phelan Hallinan, LLP Address 1111111 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 AZK/CET - 06/04/2014 SALE Line Article Number Name of Addressee, Street, and. Post Office.Address 1 TENANT/OCCUPANT 2012 CLARENDON STREET CAMP HILL, PA 17011-3827 2 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 rc Postage w $0.47 M s $0.47 tri M 3 Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 $0.47 4 5 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 $0.47 6 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 $0.41 &,,,,l N 3 7 7 U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 $0.47 • 'r• v V . NU} 1' °15e 1141 —Writ-'i'e nrj $3.29 Total Number of Pieces Listed by Sender Taal Number of Pieces Received at Pest Office Postmaster. Per (Name of Receiving Employee) Form 3877 Facsimile The full declaration of value is required on alt domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonrugaiable documents under Express Mail document reconstruction insurance is $30,000 per piece subject Kt Unit ofS500.000 per occurrence. The nuximum indemnity payable on Express Mail merchandise is $500. The nnximum indemnity payable is $25,000 for registered mail, sent with optional insurance. See Domestic Mail Manual 8900 5913 and 5921 for limitations of coverage. 0‘%10 20i CUNBERL A NO COLINT PEms A NIA PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CALIBER HOME LOANS, INC. F/K/A VERICREST FINANCIAL, INC. Plaintiff, : CIVIL DIVISION V. Attorney for Plaintiff MARGARET A. SCOTT : No.: 13 -6136 -CIVIL Defendant(s) CERTIFICATE OF FILING On this date, I filed with the Prothonotary of CUMBERLAND County a copy of the Notice of the Date of Continued Sheriff's Sale in the above -captioned matter. Date: PH # 813004 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 CALIBER HOME LOANS, INC. F/K/A VERICREST FINANCIAL, INC. Plaintiff V. MARGARET A. SCOTT Defendant 0 TH63, A i 2014 21 Ail 10: 32 CumsERL AND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -6136 -CIVIL MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above -captioned Defendant, MARGARET A. SCOTT, by certified mail and regular mail to MARGARET. A. SCOTT at 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827 and posting 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1 A Sheriffs Sale of the mortgaged property involved herein has been scheduled for August 6, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, MARGARET A. SCOTT, with the Notice of Sale at the mortgaged premises, 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The mortgage premises is vacant. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of May 8, 2014, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on May 13, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs May 13, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, MARGARET A. SCOTT, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to MARGARET A. SCOTT at 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827 and posting 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827 and by publication. Phelan Hallinan, LLP DATE: g2///10By: Adam H. Davis, Esquire Bar ID No: 203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 CALIBER HOME LOANS, INC. F/K/A VERICREST FINANCIAL, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. MARGARET A. SCOTT Defendant CIVIL DIVISION NO. 13 -6136 -CIVIL PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, MARGARET A. SCOTT, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to MARGARET A. SCOTT at 2012 CLARENDON STREET, CAMP HILL, PA 17011- 3827 and posting 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Hallinan, LLP DATE: j/Writ By:f�L Adam H. Davis, Esquire Bar ID No: 203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 CALIBER HOME LOANS, INC. F/K/A VERICREST FINANCIAL, INC. Plaintiff V. MARGARET A. SCOTT Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -6136 -CIVIL CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. MARGARET A. SCOTT 2012 CLARENDON STREET CAMP HILL, PA 17011-3827 Phelan Hallinan, LLP DATE: 6/W1F By: "Ic_Vt/11--k_ Adam H. Davis, Esquire Bar ID No: 203034 Attorney for Plaintiff EXHIBIT "A" 813004 AFFIDAVIT OF SERVICE (FHI.MC) PLAINTIFF CUMBERLAND COUNTY CALIBER HOME LOANS, INC. F/K/A VERICREST FINANCIAL, INC. PH It 813004 DEFENDANT MARGARET A. SCOTT SERVE MARGARET A. SCOT!' AT: 2012 CLARENDON STREET CAMP HILL, PA 17011-3827 SERVICE TEAM/ Ixh COURT NO.: 13 -6136 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED Served and made known to MARGARET A. SCOTT, Defendant on the day of 20 _, at , o'clock _.M., at , in the manner described below: _ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other a competent adult, hereby verify that I personally handed a true and correct copy of the Notice ofSheriffsSale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME:.... TITLE: NOT SERVED Oa the day of- 4 "' i 1_ 20A, at 8.30 o'clock 4. M., I, Ronald Moll , a competent adult hereby state that Defendant . ` , cause: Vacant _ Does Not Exist _Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I rnderstt .. that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn alsi:ficatic,'i ruthtiri`t:les. . BY: PRINTED NAME:.; Ronnld. !Anil ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 If Service Is Made: Wife: Husband: Divorced: Process Set Check,List As(3064- Spouses Names if Applicable Yes ( ) No No Service Made 1. Vacant: Yes ( ✓) No ( 2. Is there a name on the mailbox? Is it the defendants? NO Neighbor Contact:Yes ( ✓ ) Left Side: Right Side: No 4 For Sale Sign; Yes (V ) Realtor Name: Company Name: Phone Number: No 5. Car in Drive Way Yes Plate Number: { EXHI IT "B" 813004 AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 813004 Attorney Firm: Phelan, Hallinan, LLP Subject: Margaret A. Scott Current Address: 2012 Clarendon Street, Camp Hill, PA 17011 Property Address: 2012 Clarendon Street, Camp Hill, PA 17011 Mailing Address: 2012 Clarendon Street, Camp Hill, PA 17011 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Margaret A. Scott - xxx-xx-9858 B. EMPLOYMENT SEARCH Margaret A. Scott - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Margaret A. Scott reside(s) at: 2012 Clarendon Street, Camp Hill, PA 17011. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Margaret A. Scott reside(s) at: 2012 Clarendon Street, Camp Hill, PA 17011. On 04-30-14 our office made a telephone call to the subject's phone number (717) 737-6396 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 04-30-14 our office made a phone call in an attempt to contact Thomas N. Traub (717) 737-5321, 2029 Clarendon Street, Camp Hill, PA 17011: spoke with an unidentified male who confirmed that Margaret A. Scott reside(s) at: 2012 Clarendon Street, Camp Hill, PA 17011. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 04-30-14 we reviewed the National Address database and found the following information: Margaret A. Scott - 2012 Clarendon Street, Camp Hill, PA 17011. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 04-30-14 Vital Records and all public databases have no death record on file for Margaret A. Scott. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRT1 Margaret A. Scott -1943 * 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. The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C' SUSAN P. Moran, Legal Service Department May 13, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail susan.moran@phelanhallinan.com Assistant, Ext. 1253 MARGARET A. SCOTT 2012 CLARENDON STREET CAMP HILL, PA 17011-3827 Representing Lendeis in Pennsylvania RE: CALIBER HOME LOANS, INC. F/KJA VERICREST FINANCIAL, INC. v. MARGARET A. SCOTT Premises Address: 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827 CUMBERLAND County, No. 13 -6136 -CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by May 20, 2014_. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP 813004 Name and Phelan Hallinan, LLP Address Mk 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza SPL Philadel.hia, PA 19103 Name of Addressee, Street, and Post Office Address me Article Number 1 Margaret A. Scott 2012 CLARENDON STREET CAMP HILL, PA 17011-3827 Postage $0.48 RE: MARGARET A. SCOTT CUMBERLAND TEAM 4 PH # 813004/1021 Pa:e 1 of 1 The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is $25,000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900 5913 and S921 for limitations of coverage. 0.48 $0.96 Total Number of Pieces Listed by Sender Form 3877 Facsimile Total Number of Pieces Received at Post Office Postmaster, Per (Name Receiving Employee) 813004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CALIBER HOME LOANS, INC. F/K/A VERICREST FINANCIAL, INC. Plaintiff v. MARGARET A. SCOTT Defendant ORDER AND NOW, this z day of CIVIL DIVISION NO. 13 -6136 -CIVIL 2 -va tri T , 2014, after N C.7 consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant MARGARET A. SCOTT by: ,/ PH # 813004 REGULAR MAIL TO MARGARET A. SCOTT at 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO MARGARET A. SCOTT at 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827 Service by mail is complete upon the date of mailing POSTING 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). CCHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 eAtli 'Lek / PP ‘• ?0 JU 26 °H:16741 J 3'2 CUMBERLAND COIN T YANlA Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CALIBER HOME LOANS, INC. F/K/A VERICREST : Court of Common Pleas FINANCIAL,INC. • Plaintiff : Civil Division v. : CUMBERLAND County MARGARET A.SCOTT : No.13-6136-CIVIL Defendant(s) • PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled,Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. Date: (P lUt[(1 PHELAN HAL AN,LLP By: Courtenay R.Dunn,Esq.,Id.No.206779 Attorney for Plaintiff PH#813004 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CALIBER HOME LOANS, INC. F/K/A VERICREST : Court of Common Pleas FINANCIAL,INC. Plaintiff : Civil Division v. : CUMBERLAND County MARGARET A.SCOTT : No.13-6136-CIVIL Defendant(s) CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: MARGARET A. SCOTT 2012 CLARENDON STREET CAMP HILL,PA 17011-3827 Date: b 16i"�rri PHELAN HA INAN,LLP By: Courtenay R.Dunn,Esq., Id.No.206779 Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE PROTHONOTARY 201L1 AUG 12 AM 10: 15 CUMr'E�d�a5Y1�VA�1�,� � Caliber Home Loans, Inc. vs. Margaret A Scott Case Number 2013-6136 SHERIFF'S RETURN OF SERVICE 04/01/2014 07:54 PM - Deputy Brian Grzyboski, 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 2012 Clarendon Street, Camp Hill - Borough, Camp Hill, PA 17011, Cumberland County. 04/30/2014 11:44 AM - 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: Margaret A. Scott, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 2012 Clarendon Street, Camp Hill, PA 17011, defendant could not be located at address stated, mail is still delivered there, per neighbor defendant resides in Florida. 05/07/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/6/2014 07/22/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $2,933.42 SO ANSWERS, August 11, 2014 (c) CouritySuite Sheriff. Teleosott, Inc. RONNY R ANDERSON, SHERIFF .2 a-7, SZ) LLQ 9)5:</ 3e1 7 7 LA_ C_ 1 On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA, Known and numbered as, 2012 Clarendon Street, Camp Hill, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: 1 II ' A Real EstateLC-AL) Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-6136 Civil Term Caliber Home Loans, Inc. vs. Margaret A. Scott Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13 -6136 -CIVIL, CALIBER HOME LOANS, INC. f/k/a VERICREST FINANCIAL, INC. v. MARGARET A. SCOTT owner(s) of property situate in CAMP HILL BOROUGH, CUMBER- LAND County, Pennsylvania, being 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827. Parcel No. 01-21-0271-151. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $209,751.76. 102 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. Lisa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 2 da of Ma 2014 Notary 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 1ie atriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/13/14 2013-6136 Civil Term 04/20/14 Caliber Home Loans, Inc. 04/27/14 Vs Margaret A Scott Atty: Joseph Schalk By virtue of a Writ of Execution No. 13 -6136 -CIVIL CALIBER HOME LOANS, INC. F/K/A VERICREST FINANCIAL, INC. v. MARGARET A. SCOTT owner(s) of property situate in CAMP HILL BOROUGH, CUMBERLAND County, Pennsylvania, being 2012 CLARENDON STREET, CAMP HILL, PA 17011-3827 Parcel No. 01-21-0271-151 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $209,751.76 Sworn d subscribed before me thi day of May, 201 ; A.D. Public COMM:` .; t-11 OF PENNSYLVANIA My Commissioninission Expires Dec.12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES