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Home My WebLink About13-6567 Snpr•eme , Courtsof Pennsylvania COUP Co :, `Pleas For Prothonotary Use Only: et CU'IYl$ Art ;Sf J County Docket No: The information collected on this form is used solely for court administration put poses. This form does not supplement or replace the filing and service ofpleadings or other papers as required by laiv or rules o court. S Commencement of Action: O Complaint ❑ Writ of Summons ❑ Petition E+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: BANK OF AMERICA, N.A. Lead Defendant's Name: MISHA J. SPERAW T I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) x❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb, Esq., Id. No.312174, Phelan Hallinan LLP ❑ Check here if you have no attorney (are 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 ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/ Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑Other: 0 ❑ Asbestos { N ❑ Tobacco 1 ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ' ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Pa.R. C.P. 205.5 Updated 01101/2011 FORM 1 r PEiYNS R N C PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215 -563 -7000 BANK OF AMERICA, N.A. 7105 CORPORATE DRIVE COURT OF COMMON PLEAS PLANO, TX 75024 CIVIL DIVISION Plaintiff V. TERM MISHA J. SPERAW NO. /J 33 EAST LOCUST STREET MECHANICSBURG, PA 17055 -3839 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 801809 COMA 5n C. -�L -E� 1 3Cosa � y 1. Plaintiff is BANK OF AMERICA, N.A. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: MISHA J. SPERAW 33 EAST LOCUST STREET MECHANICSBURG, PA 17055 -3839 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/30/2002 MISHA J. SPERAW made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL INCORPORATED, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1761, Page 2861. By Assignment of Mortgage recorded 08/12/2013 the mortgage was assigned to MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, which Assignment is recorded in Assignment of Mortgage Instrument No. 201326630. The PLAINTIFF is now the mortgagee and is in the process.of formalizing an assignment of same. 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 09/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 901909 6. The following amounts are due on the mortgage as of 10/10/2013: Principal Balance $84,846.50 Interest $13,840.47 08/01/2011 through 10/31/2013 Late Charges $0.00 Property Inspections $15.00 Escrow Deficit $4,998.46 TOTAL $103,700.43 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. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured. File #: 801809 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $103,700.43, 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 By: Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff File #: 801809 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ON the South by Locust Street, on the East by lot now or formerly of George Watson, on the north by Stouffer Alley and on the west by lot now or formerly of E.M. Slothour. CONTAINING in front on said Locust Street, twenty -five (25) feet, and in depth ninety -seven (97) feet, more or less. BEING located on the north side of East Locust Street, being a two story brick dwelling house known and numbered as 33 East Locust Street, Mechanicsurg, Pennsylvania. BEING the same premises which Lynn M. Fleisher, now by reason of marriage, Lynn Fleisher Estricher and Lary D. Estricher, her husband, by Deed dated December 23, 1999 and recorded December 30, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 214, page 81, granted and conveyed unto Marie D. Clark. PROPERTY ADDRESS: 33 EAST LOCUST STREET, MECHANICSBURG, PA 17055- 3839 PARCEL 917 -23- 0565 -024. File #: 801809 VERIFICATION �� /�� hereby states that h -`s is of BANK OF AMERICA, N.A., Plaintiff in this matter, that he6�s authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to /authorities. (� DATE: game: BANK OF AMERICA, N.A. File #: 801809 Name: SPERAW File #: 801809 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 #: 801809 t i y r IN THE COURT OF COMMON PLEAS BANK OF AMERICA, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. J ,� P � MISHA J. S ERA W Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 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: a:7 Date nathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Ca 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: USTOMER/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? C O-BORRO WER 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 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 Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILE D-CI FICE Sheriff r, t '( A Jody S Smith Chief Deputy - ZIP 13 NOV 20 AM I-: Richard W Stewart Solicitor OFIICG Uhif3ERLAt'dD COUNTY PENNSYLVANIA Bank of America, N.A. Case Number vs. Misha J Speraw 2013-6567 SHERIFF'S RETURN OF SERVICE 11/15/2013 04:10 PM - Deputy Shawn Harrison, being duly sworn according to law, served t requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortga reclosire by handing a true copy to a person representing themselves to be Zak Speraw, son.who ccep ed as"Adult Person in Charge"for Misha J Speraw at 33 East Locust Street, Mechanicsb rg o o gh, chanicsburg, PA 17055. AAW ON, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, November 18, 2013 RbNW R ANDERSON, SHERIFF (c)County&uke Sheriff,Teleoscft,!::c. PHELAN HALLINAN, LLP r '' '' I t .fit t'a _', D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff 126 Locust Street L,t! ` FD 19 /1.': ' 24 Harrisburg, PA 17101 CE1Pl !�r�! A��D C*i �, 215-563-7000 x 1360 PEN NS VANI1", BANK OF AMERICA, N.A. Court of Common Pleas 7105 CORPORATE DRIVE PLANO, TX 75024 Civil Division Plaintiff No. 13-6567-CIVIL v. Cumberland County MISHA J. SPERAW 33 EAST LOCUST STREET MECHANICSBURG, PA 17055-3839 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Bank of America, N.A. (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 November 7, 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 September 1, 2011, 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 November 15, 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 Sheriff's 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 Foreclosure action is stayed for sixty (60) days from the date of service. 801809 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, PHE AN HAL AN, LLP Date: a )17 1/y BY: .9 - D. Troy S Jrs, Esquire Attorney for Plaintiff 801809 Exhibit "A" if ifIE R01i N NI TART 10t3 MOV COUNTY -7 AN IQ; 38 CUMBERLAND PENNSYLVANIA PHELAN HALLINAN,LLP Jonathan Lobb,Esq.,Id.No.312174 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Jonathan.Lobb c( phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A. 7105 CORPORATE DRIVE COURT OF COMMON PLEAS PLANO,TX 75024 CIVIL DIVISION Plaintiff v. TERM • MISHA J. SPERAW NO. I -�5�0� enfil 33 EAST LOCUST STREET MECHANICSBURG,PA 17055-3839 CUMBERLAND COUNTY Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE COTA MtOiltel pie ,Rg ,m Wain WOW*01"1124 wig COrratt X118 �k� File#: 801809 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 1. Plaintiff is BANK OF AMERICA, N.A. 7105 CORPORATE DRIVE PLANO,TX 75024 2. The name(s)and last known address(es)of the Defendant(s) are: MISHA J.SPERAW 33 EAST LOCUST STREET M1CHA.NICSI3URG,PA 17055-3839 who is/are the mortgagor(s) and/or real owner(s)of the property hereinafter described. 3. On 05/30/2002 MISHA J. SPERAW made,executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL INCORPORATED, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1761,Page 2861. By Assignment of Mortgage recorded 08/12/2013 the mortgage was assigned to MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY,which Assignment is recorded in Assignment of Mortgage Instrument No.201326630. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. 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 09/01/2011 and each month thereafter are due and unpaid,and by the terms of said mortgage,upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. ;'iie u 801841 6. The following amounts are due on the mortgage as of 10/10/2013: Principal Balance $84,846.50 Interest $13,840.47 08/01/2011 through 10/31/2013 Late Charges $0.00 Property Inspections $15.00 Escrow Deficit $4,998.46 TOTAI. $103,700.43 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 seat 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. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHE 'EFORB,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of $103,700.43, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs,and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN,LLP By: /104.7. Joi is n Lobb,Esq., Id.No.312174 Attorney for Plaintiff 80109 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ON the South by Locust Street, on the East by lot now or formerly of George Watson,on the north by Stouffer Alley and on the west by lot now or formerly of E.M. Slothour. CONTAINING in front on said Locust Street,twenty-live(25)feet, and in depth ninety-seven (97) feet,more or less. BEING located on the north side of East Locust Street, being a two story brick dwelling house known and numbered as 33 East Locust Street,Mechanicsurg,Pennsylvania. BEING the same premises which Lynn M.Fleisher,now by reason of marriage,Lynn Fleisher Estricher and Lary D. Estricher,her husband,by Deed dated December 23, 1999 and recorded December 30, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,in Deed Book 214,page 81,granted and conveyed unto Marie D. Clark. PROPERTY ADDRESS: 33 EAST LOCUST STREET,MECHANICSBURG,PA 17055- 3839 PARCEL#17-23-0565-024. Fat:q: aar$oa VERIFICATION lyjyr ,,./d/Vti' ereby states that his ://v4-67/ of BANK OF AMERICA,N.A.,Plaintiff in this matter,that he/ )is authorized to make this Verification,and verily that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hisinformation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S. Sec.4904 relating to unswom falsification to authorities. DATE: / - fune: Title:/€V2,1.4/7-724.<-6('' BANK OF AMERICA,NA. File#: 801809 Name: SPERAW 1)1e it 80 1809 IN THE COURT OF COMMON PLEAS BANK OF AMERICA,N.A. OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) vs. MiSHA J.SPERAW Defendant(s) : Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home, If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)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 oldie appointment date.During that meeting,you must provide the legal representative with all requested financial inlhmtation 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 bcfbre 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: or Date /natttan Lobb,Esq.,Id.No,312174 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberlarid County Court of Common Pleas I)ockot// 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: Borrower name(s); Property Address: Zip: Is the property for sale? -JT o Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes D No Li Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: _ #of people in household: How long? Mailing Addr on: City: State; Zip: ____ Phone Numbers: Home: Office: Cell: Other: Email: of people in household: How long? First Mortgage Lender: Type of Loan Loan Number: Date You Closed Your Loan: Second Mortgage Lende ;_____ ___________�___�___ Type of Loan: Loun}Vumbs: Tcnal Mortgage Payments Amount: $ Included Taxes&{ouurmonc_____ Date of Last Payment; Primary Reason for Default: Is the loan in Bankruptcy? Yes fl No If yes,provide names, location of court,case number&attorney: ___-_-_ Assets Amount Owed: Home: Other Real Estate: Retirement Funds; : Checking: Savings: Other: Automobile#1:Model: — _ __ Year: Amount owed: Value: Automobile#2:Model: Yous______ Amount owed: Other ks, boats,motorcycleV Modek_ _ Amount owed: Value Monthly Income Name of Employers: Monthly Gross Monthly Net_ ______ 2. Monthly Gross Monthly Net ]. Monthly Gross Monthly Net Additional Income Description(not wages): mm8b|yumoun : 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) AMOUNT A OUNT --'- Mortgage 2a u =, " * Utilities Car P d Fees Auto Insurance covered) Auto fuel/repairs Other prop.payment Install. Loan _ ; Cable TV Child _ Spending Money Day/Child Amount Available for Monthly Mortgage Payments Based on Income&Expenses:-- Have you been working with mBuuoing Counseling Agency? Yes No lf yes,please provide 0e8oUmv�nginformation: --_ _--_—_—_--___--_—_—__--_---_- _-- Counseling Agency: Counselor: Phone (Office): ____ Fax: ~ .~.,—' Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP) assistance? Yes NoFl If yes,please indicate the stat s of the uyplioa|inoL____________.____________ Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes 0uF� If yes,please indicate the status of those negotiations: Please provide the following infonnation,if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name): _ Pbun*:___________ Servicing Company(Name):__ _______ Contact: _ pboox:___ ,authorize the above named uoom*6n�rddyiut000��!uuComylom�z��v1cor�n the odopurpose oywvunaUngmy financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named __ _-_-. Borrower Si utu/n 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) Exhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson PILED-OFFICE Sheriff O THE PROTHONOTARY coot t of rr o Jody S Smith Chief Deputy *Jo� 2013 NOV 20 AM I:(: t37 Richard W Stewart f ?* Solicitor THE CUMBERLAND COUNTY PENNSYLVANIA Bank of America, N.A, Case Number vs. Misha J Speraw 2013-6567 SHERIFF'S RETURN OF SERVICE 11/15/2013 04:10 PM-Deputy Shawn Harrison,being duly sworn according to law,served t requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortga• 'reclosure by handing a true copy to a person representing themselves to be Zak Speraw,s• o •coop ed as"Adult Person in Charge"for Misha J Speraw at 33 East Locust Street,Mechanicsb • c• • gh, :chanicsburg, PA 17055, A Wier'ON,DEPUTY SHERIFF COST: $39.30 SO ANSWERS, November 18, 2013 RONNY ANDERSON, SHERIFF (c;CoumySults Streit,Toieosoft..me PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 BANK OF AMERICA, N.A. Court of Common Pleas 7105 CORPORATE DRIVE PLANO, TX 75024 Civil Division Plaintiff No. 13-6567-CIVIL v. Cumberland County MISHA J. SPERAW 33 EAST LOCUST STREET MECHANICSBURG,PA 17055-3839 Defendant CERTIFICATION OF SERVICE I, D. Troy Sellars, Esquire, certify that I caused true and correct copies of Plaintiff's Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: MISHA J. SPERAW 33 EAST LOCUST STREET MECHANICSBURG, PA 17055-3839 Date: 31/I ?/ /`-/ By:D. Troy Wars, Esquire Attorney for Plaintiff 801809 . '1/4)\ r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA,N.A. Court of Common Pleas 7105 CORPORATE DRIVE PLANO, TX 75024 Civil Division Plaintiff No. 13-6567-CIVIL v. Cumberland County MISHA J. SPERAW 33 EAST LOCUST STREET MECHANICSBURG,PA 17055-3839 Defendant ORDER AND NOW,this Z 4i' day of Aire r.7 , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY TH OURT: .0!/ J. c rr,CO -,i z rn rrl rn- r~ -<1' � � '' r- —,Cl < a_°7 C c : isha J. Speraw D c7 7' 83.-� D. Troy Sellars, Esq., Id. No. 210302 y` c.9 cg:;: - Attorney for Plaintiff *n x> c .----801809 1 F$ f t� —: 4.2(fpcf . /7/1 PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 MISHA J. SPERAW 33 EAST LOCUST STREET MECHANICSBURG,PA 17055-3839 801809 PHELAN HALLINAN, LLP lu i t R - 8 • iti 18 Emily M. Phelan, Esq., Id. No.315� 0IB � Y 1617 JFK Boulevard, Suite 1400 hE 1 t� SY'D'1 COU One Penn Center Plaza Philadelphia, PA 19103 emily.phelan @phelanhallinan.com 215 -563 -7000 Attorney for Plaintiff BANK OF AMERICA, N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS MISHA J. SPERAW : CIVIL DIVISION : No. 13-6567-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 MISHA J. SPERAW, Defendant 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 $103,700.43 TOTAL $103,700.43 I hereby certify that (1) the Defendant's last known address is 33 EAST LOCUST STREET, MECHANICSBURG, PA 17055 -3839, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date ‘.1 1±-(P1 Emily M. Phelan, Esq., Id. No.315250 Attorne for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: "I PH # 801809 PROTHONOTARY 0,x,A skto OcLk- 8018 U 1Iab PHELAN HALLINAN, LLP Emily M. Phelan, Esq., Id. No.315250 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 emily.phelan@phelanhallinan.com 215 -563 -7000 BANK OF AMERICA, N.A. vs. MISHA J. SPERAW Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13-6567-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 MISHA J. SPERAW 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 MISHA J. SPERAW is over 18 years of age and resides at 33 EAST LOCUST STREET, MECHANICSBURG, PA 17055 -3839. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date OP/ Phelan Hallinan, LLP 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 215 -563 -7000 801809 Department of Defense Manpower Data Center Status Report Pursuant to Servicernem'bers Civil Relief Act. Results as of : Apr -07 -2014 01:36:23 AM SCRA 3.0 Last Name: SPERAW First Name: MISHA Middle Name: J Active Duty Status As Of: Apr -07 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No , NA This response reflects the individuals' active duty status based 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 r NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His /Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA ' a .. 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,`tiased on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed'Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 BANK OF AMERICA, N.A. COURT OF COMMON PLEAS v. MISHA J. SPERAW Plaintiff Defendant(s) TO: MISHA J. SPERAW 33 EAST LOCUST STREET MECHANICSBURG, PA 17055 -3839 DATE OF NOTICE: CIVIL DIVISION NO. 13- 6567 -CIVIL CUMBERLAND COUNTY THI.s ilS. A DEBT COLLECT )R 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 LGAL- SERVICES TO ELIGIBLE PERSONS 'AT. A REDUCED FEE OR NO FEE. . Office of the Prothonotary " ,Cumberland County Courthouse *1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 801809 CUMBERLAND COUNTY'BAR ASSOCIATION . CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: , Fa helan, Esq., Id. No.315250 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (Rule of Civil Procedure No. 236) - Revised BANK OF AMERICA, N.A. vs. MISHA J. SPERAW against you on : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13-6567-CIVIL Notice is given that a Judgment in the above captioned matter has been entered H. Bv: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Emily M. Phelan, Esq., Id. No.315250 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. ** 801809 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Bank of America, N.A. : COURT OF COMMON PLEAS Plaintiff V. Misha J. Speraw Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due CIVIL DIVISION NO.: 13 -6567 -CIVIL CUMBERLAND COUNTY $103,700.43 Interest from 04/09/2014 to Date of Sale $2,523.40 ($17.05 per diem) TOTAL $106,223.83 Note: Please attach description of property. PH # 801809 PhIan Hallinan, LLP J eph E. DeBarberie, Esq., Id. No.315421 Attorney for Plaintiff SbL co/ J (-obi ciCe6 WI(- cj LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ON the South by Locust Street, on the East by lot now or formerly of George Watson, on the north by Stouffer Alley and on the west by lot now or formerly of E.M. Stouffer. CONTAINING in front on said Locust Street, twenty-five (25) feet, and in depth ninety-seven (97) feet, more or less. BEING located on the north side of East Locust Street, being a two story brick dwelling house known a. TI1LE TO SAID PREMISES IS VESTED IN Misha J. Speraw, single individual, by Deed from Marie D. Clark, single individual, dated 05/30/2002, recorded 06/11/2002 in Book 252, Page 597. PREMISES BEING: 33 East Locust Street, Mechanicsburg, PA 17055-3839 PARCEL NO. 17-23-0565-024 PHELAN HALLINAN, LLP Joseph E. DeBarberie, Esq., Id. No.315421 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 joseph.debarberie@phelanhallinan.com 215-563-7000 Bank of America, N.A. Plaintiff v. Misha J. Speraw Defendant(s) 1 HE PRO T HONil TAf, HAY -5 AM 9: 54 CUMBERLAND COUNT`f PENNSYLVANIA CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -6567 -CIVIL . Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P an Hallinan, LLP J s ph E. DeBarberie, Esq., Id. No.315421 Attorney for Plaintiff Bank of America, N.A. Plaintiff v. Mis44a J. Speraw Defendant(s) 2214 i(a lr d5—, 9 .J CLPIBERI AND COUNT PEJ! S YLVAN1A COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -6567 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Bank of America, N.A., 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 33 East Locust Street, Mechanicsburg, PA 17055-3839. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Misha J. Speraw 33 East Locust Street, Mechanicsburg, PA 17055-3839 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Misha J. Speraw 33 East Locust Street Mechanicsburg, PA 17055-3839 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any Name Borough of Mechanicsburg CIO David J. Spotts, Esquire Borough of Mechanicsburg Borough of Mechanicsburg PH # 801809 record lien on the property: Address (if address cannot be reasonably ascertained, please indicate) 36 West Allen Street Mechanicsburg, PA 17055 36 West Allen Street Mechanicsburg, PA 17055 W Strawberry @ North Market Street Mechanicsburg, PA 17055 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. +at' 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 33 East Locust Street Mechanicsburg, PA 17055-3839 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 51 PH # 801809 By:t P n Hallinan, LLP Jos ph E. DeBarberie, Esq., Id. No.315421 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Bank of America, N.A.4, _ : COURT OF COMMON PLEAS C,f•:� `J tori '.�: Wit.; j . Plaintiff : CIVIL DIVISION PENNSYLVA,.IA Misha J. Speraw vs. : NO.: 13 -6567 -CIVIL Defendant(s) : Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Misha J. Speraw 33 East Locust Street Mechanicsburg, PA 17055-3839 **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 33 East Locust Street, Mechanicsburg, PA 17055-3839 is scheduled to be sold at the Sheriff's Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $103,700.43 obtained by Bank of America, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13 -6567 -CIVIL Bank of America, N.A. v. Misha J. Speraw owner(s) of property situate in the BOROUGH of MECHANICSBURG, CUMBERLAND County, Pennsylvania, being 33 East Locust Street, Mechanicsburg, PA 17055-3839 Parcel No. 17-23-0565-024. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $103,700.43 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ON the South by Locust Street, on the East by lot now or formerly of George Watson, on the north by Stouffer Alley and on the west by lot now or formerly of E.M. Stouffer. CONTAINING in front on said Locust Street, twenty-five (25) feet, and in depth ninety-seven (97) feet, more or less. BEING located on the north side of East Locust Street, being a two story brick dwelling house known a. TITLE TO SAID PREMISES IS VESTED IN Misha J. Speraw, single individual, by Deed from Marie D. Clark, single individual, dated 05/30/2002, recorded 06/11/2002 in Book 252, Page 597. PREMISES BEING: 33 East Locust Street, Mechanicsburg, PA 17055-3839 PARCEL NO. 17-23-0565-024 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net BANK OF AMERICA, N.A. Vs. MISHA J. SPERAW WRIT OF EXECUTION NO 13-6567 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $103,700.43 L.L.: $.50 Interest FROM 4/9/2014 TO DATE OF SALE ($17.05 PER DIEM) - $2,523.40 Atty's Comm: Atty Paid: $188.05 Plaintiff Paid: Date: 5/5/14 (Seal) REQUESTING PARTY: Name: JOSEPH E. DEBARBERIE, 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. 315421 Due Prothy: $2.25 Other Costs: David D. Buell, Protljonotary By: Deputy 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 FILED -OFFICE OF THE PROTHONOTARY Attorney for Plaintiff AM 30 Ofd P NNS LpCOUNTY AN A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. Plaintiff, v. MISHA J. SPERAW Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 13 -6567 -CIVIL 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 hereto Exhibit "A". Date: 74?vi‘v Adam H. Davis, Esq., Id. No.203034 Attorney 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 # 801809 Name and Address Of Sender .Phelan Hallinan, LLP 11111+ 1617 MK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/RMS - 09/03/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address Postage, oe °"-"' _aro f w ri ': • , ±i �3 ,��! {'= 4' 1 *••* TENANT/OCCUPANT 33 EAST LOCUST STREET MECHANICSBURG, PA 17055-3839 $0.47 2 Borough of Mechanicsburg W Strawberry ® North Market Street Mechanicsburg, PA 17055 $0,47.. r• ? 3 •*** Borough of Mechanicsburg 36 WEST ALLEN STREET MECHANICSBURG, PA 17055 $0.47 ,, y, 4 **** Borough of Mechanicsburg C/O David J. Sports, Esquire 36 WEST ALLEN STREET g MECHANICSBURG, PA 17055. 50.47 5 •*•• Domestic Relations of Cumberland County 13 North Hanover Street wo Carlisle, PA 17013 $0.47 6 •**• Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 7 **** Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 50.47 • 8 *•*• 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 . iJArIBFRLAl1iDP3i # 8tit8t/9Zi $3.76 Taal Number of Pieces Lined by Sender Tail Nantes of Pieces Rosined al Pose Moe Poco.aPer, Pe*(Name of Remains Employer) The fill declaration Onto; is repaired on all do,aenie and Inscrisiticeal repaerod nail. The outdraws Indemnity payable for the reconstruction of atone got able dogwatch' ander Express Mal document remmtrW ion imm.,,p is $10,000 per piece uejeet to. limit of $500,000 per occurrence. The motion= indeoniy payable an Ewwrem Mrd merchandise is 5500, The maximum indemnity payable is 525,000 for registered mel, sem will optional Inurance. See Dominic Mall Manual 0900 5915 and $921 for Palliation, of cosec. Form 3877 Facsimile U �'C�•�rd S �I VA, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A. Plaintiff CIVIL DIVISION V. No.: 13-6567-CIVIL MISHA J. SPERAW Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 09/03/2014 at 10:00 AM in the above-captioned matter has been continued until 12/03/2014 at 10:00 AM. Date: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH#801809 4 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A. Plaintiff CIVIL DIVISION V. No.: 13-6567-CIVIL MISHA J. SPERAW Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: MISHA J. SPERAW 33 EAST LOCUST STREET MECHANICSBURG,,PA 17055-3839 Date: /Z /�� GLy► Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH#801809 ID: I 0- ^ • YLVA WA PHELAN HALLINAN, LLP Kenya Bates, Esq., Id. No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 kenya.bates@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff BANK OF AMERICA, N.A. Plaintiff : CIVIL DIVISION v. : No.: 13 -6567 -CIVIL MISHA J. SPERAW Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 12/03/2014 at 10:00 AM in the above -captioned matter has been continued until 01/07/2015 at 10:00 AM. Date: PH # 801809 Kenya B tes, Esq., Id. No.203664 Attorney for Plaintiff PHELAN HALLINAN, LLP Kenya Bates, Esq., Id. No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 kenya.bates@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff BANK OF AMERICA, N.A. Plaintiff : CIVIL DIVISION v. : No.: 13 -6567 -CIVIL MISHA J. SPERAW Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: MISHA J. SPERAW 33 EAST LOCUST STREET MECHANICSBURG, PA 17055-3839 Date: Sr* PH # 801809 Kenya ates, Esq., Id. No.203664 Attorney for Plaintiff