Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
14-2354
T ' � For Prothonotary Use Only: Supreme Co, Pennsylvania Cou Pleas, t i r Docket No. ?end County i.r a't -i The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other a ers as required by law or rules of court. `•:; Commencement of Action: i, ® Complaint 11 Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction 13 Declaration of Taking yC . Lead Plaintiffs Name: Bank of America, N.A. Lead Defendant's Name: Donald P. Harvey I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑ within arbitration limits (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's Attorney: McCabe, Weisberg & Conway, P.C. ❑ Check here if you have no attorney (a Self - Represented [Pro Sel Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS • Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Department of Transportation ❑ Premises Liability (does not include ❑ Statutory Appeal: Other S mass tort) E ❑ Slander/Libel/ Defamation ❑ Employment Dispute: ❑ other: Discrimination C ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other I O ❑ Other N MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS B ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: J ❑ Eminent Domain/Condemnation 13 Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order Quo Warranto PROFESSIONAL LIABILITY ❑Mortgage Foreclosure: Commercial ❑ Q ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1 /1/2011 r , e ! J McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE- ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790 -1010 Bank of America, N.A. Cumberland County 2727 Spring Creek Drive Court of Common Pleas • Spring, TX 77373 1 l "� 3S 1 V Number � P V. Donald P. Harvey 1100 Claremont Road Carlisle, PA 17015 and Patricia G. Harvey 1100 Claremont Road Carlisle, PA 17015 COMPLAINT IN MORTGAGE FORECLOSURE - 7*d67 1 File # 74314 Page 1 NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within ex- puestas en las paginas siguientes, usted twenty (20) days after this complaint and tiene veinte (20) dias de plazo al partir de la notice are served, by entering a written fecha de la demanda y, la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la corte or objections to the claims set forth against en forma escrita sus defensas o sus objeciones you. You are warned that if you fail to do so a las demandas en contra de su persona. Sea the case may proceed without you and a avisado que si usted no se defiende, la corte judgment may be entered against you by the tomara medidas y puede continuar la demanda court without further notice for any money en contra suya sin previo aviso o notificacion. claimed in the complaint or for any other Ademas, la corte puede decidir a favor del claim or relief requested by the plaintiff. You demandainte y requiere que usted cumpla con may lose money or property or other rights todas las provisioner de esta demanda. Usted important to you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU USTED LE DEBE TOMAR ESTE DO NOT HAVE A LAWYER, GO TO OR P A P E L A S U ABOGADO TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE. SI USTED NO BELOW. THIS OFFICE CAN PROVIDE' TIENE A UN ABOGADO, VA A O YOU WITH INFORMATION ABOUT TELEFONEA LA OFICINA EXPUSO HIRING A LAWYER. ABAJO. ESTA OFICINA LO PUEDE IF YOU CANNOT AFFORD TO PROPORCIONAR CON INFORMATION HIRE A LAWYER, THIS OFFICE MAY BE ACERCA DE EMPLEARA UN ABOGADO. ABLE TO PROVIDE YOU 'WITH S I UST-ED N O PUEDE INFORMATION ABOUT AGENCIES PROPORCIONAR PARA EMPLEAR UN THAT MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS AT A REDUCED FEE CAPAZ DE PROPORCIONARLO CON OR NO FEE. INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle, PA 17013 REDUCIDO NI NINGUN HONORARIO. (800) 990 -9108 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 File # 74314 . Page 2 This is a communication from a debt collector who is attempting to collect a debt, and any information obtained will be used for that purpose. Please Note: (1) unless, within thirty (30) days after your receipt of this notice, you dispute the validity of the debt, or any portion of the debt, we will assume that the debt is valid; (2) if you notify us in writing within thirty (30) days of your receipt of this notice that the debt, or a portion of the debt, is disputed, we will cease collection of the debt until we obtain verification of the debt or a copy of the judgment against you and mail to you a copy of the verification or judgment that we obtain; (3) upon your written request to us within thirty (30) days of your receipt of this notice for the name and address of the original creditor of your debt, we will cease collection of the debt until we mail to you the name and address of the original creditor, if different from the current creditor. Case Name: Bank of America, N.A. v. Donald P. Harvey and Patricia G. Harvey Cumberland County File # 74314 Page 3 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Bank of America, N.A. 2. The Defendant is Donald P. Harvey, who is a mortgagor and real owner of the mortgaged property hereinafter described, whose last -known address is 1100 Claremont Road, Carlisle, PA 17015. 3. The Defendant is Patricia G. Harvey, who is an owner of the mortgaged property hereinafter described, whose last -known address is 1100 Claremont Road, Carlisle, PA 17015. 4. On June 15, 2009, Donald P. Harvey, mortgagor, made, executed and delivered a mortgage upon the premises hereinafter described to World Alliance Financial Corp. which mortgage is recorded in the Office of the Recorder of Cumberland County as Instrument Number 200922014 (the "Mortgage "), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 5. On June 15, 2009, Defendant, Donald P. Harvey, also executed a promissory note secured by the aforementioned mortgage. Plaintiff, directly or through an agent, is in possession of the note and is the holder of the note with the right to enforce it; the note is either made payable to plaintiff or has been duly endorsed. 6. On April 9,20 10, the Mortgage was assigned by World Alliance Financial Corp. to Mortgage Electronic Registration Systems, Inc., as nominee for Bank of America, N.A., by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument Number 201010397, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 7. On June 29, 2013, the Mortgage was assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Bank of America, N.A. to Nationstar Mortgage LLC DB /A Champion Mortgage Company, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument Number 201322421, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. File # 74314 Page 4 8. On February 4, 2014, the Mortgage was assigned by Nationstar Mortgage LLC D /B /A Champion Mortgage Company to Bank of America, N.A., Plaintiff herein, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument Number 201403780, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 9. The premises subj ect to said mortgage is described in the legal description attached as Exhibit "A" and is known as 5224 Oxford Drive, Mechanicsburg, Pennsylvania 17055. 10. The mortgage is in default for the reason that the subject property has ceased to be the principal residence of the defendant. 11. The following amounts are due on the mortgage: Principal Balance $ 140,602.32 Interest through March 25, 2014 $ 10,182.29 plus per diem interest thereafter which may adjust in accordance with the terms of the note and mortgage Attorney's Fee $ 1,650.00 Mortgage Insurance Premiums (MIP) $ 888.52 Insurance $ 1,162.00 Property Preservation $ 380.00 GRAND TOTAL $ 154,865..13 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 12. Plaintiff complied with all notice requirements as prescribed by 41 P. S. §101, et seq. (Act 6), and 35 P.S. 1680.401c, et seq. (Act 91), as applicable. WHEREFORE, Plaintiff demands in rem Judgment against the Defendants in the sum of $154,865.13, together with interest per diem thereafter which may adjust in accordance with the terms of the File # 74314 Page 5 note and mortgage, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. cCabe, Esquire [ ] Marc S. Weisberg, Esquire [ ] Edward D. onway, Esquire []'"Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire [ ] Joseph I. Foley, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff File # 74314 Page 6 VERIFICATION The undersigned, does hereby certify that h Wis K of Reverse Mortgage Solutions and that Reverse Mortgage Solutions has been duly nominated and appointed by Bank of America, N.A. , plaintiff herein, as its mortgage servicing agent in regard to the mortgage loan which is the subject of this action (the "Mortgage "). Bank of America, N.A. lacks sufficient information to make this verification because Plaintiff is not the entity that maintains the business records for the Mortgage. Reverse Mortgage Solutions, in its capacity as mortgage servicing agent for Bank of America, N.A. , maintains the business records for the Mortgage, and therefore does have sufficient information to make this verification in accordance with Pa.R.C.P. 1024(c)(1). I am authorized to make this Verification on Plaintiff's behalf and do hereby verify that the facts as set forth in the foregoing Complaint are true and correct to the best of my information and belief. I have access to and have reviewed the business records of Reverse Mortgage Solutions for and relating to the Mortgage, and I make this Verification based on my review of those records, which are maintained by Reverse Mortgage Solutions in the course of its regularly conducted business activities and are made at or near the time of the event, by or from information transmitted by a person with knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: By Name: Title: Name: Bank of America, N.A. v. Donald P. Harvey and Patricia G. Harvey Loan Number ending with: 0361 File # 74314 Page 7 Exhibit A SCHEDULE A Description THE NO. M- 15860 -PACL Page 1 of 1 ALL that certain lot in Plan No. 5, Windsor Park, Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, as shown on the survey dated ,January 12, 1960, by D. P. Raffensperger, R. S., as follows: Lot 21, Block "B ". BEGINNING at a point where the division line between lots twenty -one (21) and twenty -two (22), Block "E ", intersects with the Southwesterly side of Oxford Drive; THENCE South thirteen (13) degrees twelve (12) minutes East, along the division line between lots twenty -one (21) and twenty-two (22), one hundred ten (I 10) feet to a point; THENCE South seventy -six (76) degrees forty -eight (48) minutes West, seventy -five (75) feet to a point; THENCE North thirteen (13) degrees twelve (12) minutes West, along the division line between lots twenty (20) and twenty -one (21), one hundred ten (110) feet to a point; THENCE North seventy -six (76) degrees forty -eight (48) minutes East, along the Southeasterly side of Oxford Drive, seventy -five (75) feet to a point, the place of BEGINNING. Being the same premises which Frank Puza and Barbara Puza, his wife by Deed dated September 21, 1961 and recorded September 29, 1961 in Cumberland County in Record Book 1, Volume 20 Page 231 conveyed unto Donald P. Harvey and Patricia G. Harvey, husband and wife, in fee. FORM 1 Bank of America, N.A. IN THE COURT OF COMMON PLE4iol - - Plaintiff CUMBERLAND COUNTY, PENNSY 1 2, rNIV_ vs. '� 4.r - 6 ' Donald P. Harvey and Patricia G. Harvey Civil Defendants 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 file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: M'. r - bv_'Z� Date [Si 'natur of Counsel for Plaintiff] 74314 Page 1 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRIAIARY Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? CO-BORROWER Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorc cles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. 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 "a Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 c 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 deliquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obiligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements V Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Sheriff RAnderson ii'` t' l ? '1' 0i Comber', Jody S Smi th ° `I`i ;site "" i� i f 20 Chief Deputy Richard W Stewart ' r,l� t� �QTY Solicitor PENNSYLVANIA Bank of America N.A. vs. Case Number Donald P. Harvey(et al.) 2014-2354 SHERIFF'S RETURN OF SERVICE 04/23/2014 09:31 AM- Deputy Jason Kinsler, 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: Donald P. Harvey at 1100 Claremont Road, Middlesex Township, Carlisle, PA 17015. JASON KI K, DEPUTY 04/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Patricia G. Harvey, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 5224 Oxford Drive, Lower Allen Township, Mechanicsburg, PA 17055. Residence is vacant. 04/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Patricia G. Harvey, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1100 Claremont Road, Middlesex Township, Carlisle, PA 17015. Defendant is not a resident of Claremont Nursing Home located at 1 100 Claremont Road, Carlisle, PA. SHERIFF COST: $72.08 SO ANSWERS, April 28, 2014 RONR ANDERSON, SHERIFF McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A. Plaintiff v. Donald P. Harvey and Patricia G. Harvey Defendants 7 Y� A IA y PCNNS Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 14-2354 MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Patricia G. Harvey, at his/her last -known address of 1100 Claremont Road, Carlisle, Pennsylvania 17015. The process server was not able to serve the Defendant because the defendant does not live at this address. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit "A". 2. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant's mortgaged property of 5224 Oxford Drive, Mechanicsburg, Pennsylvania 17055. The process server was not able to serve the Defendant because the property is vacant. True and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "C". 4. As a result of the investigation, a special Order of Court is required permitting service by regular and certified mail at the Defendant's last -known address and by posting a copy of the original process on the mortgaged premises. 5. No judge has ruled upon any other issue in this matter or in any related matter. 6. No attorney has entered an appearance in this matter on behalf of Defendant and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. 7. If service cannot be made on the Defendant, Patricia G. Harvey, the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale, upon the Defendant, Patricia G. Harvey, by regular mail; certified mail, return receipt requested, and by posting at the last -known address of Defendant and the mortgaged premises known in this herein action as 5224 Oxford Drive, Mechanicsburg, Pennsylvania 17055. McCABE, WEISBER ND CONW Y, P.C. BY: [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff [ arc S. Wei erg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A. Cumberland County Plaintiff Court of Common Pleas Attorneys for Plaintiff v. Number 14-2354 Donald P. Harvey and Patricia G. Harvey Defendants MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. McCABE, WEISBERG AND CONWAY,�� AP.C. BY: /`.� 1;' w./ ] Terrence J. McCabe, Esquire ] Edward D. Conway, Esquire ] Andrew L. Markowitz, Esquire ] Marisa J. Cohen, Esquire ] Brian T. LaManna, Esquire ] Joseph F. Riga, Esquire ] Celine P. DerKrikorian, Esquire ] Lena Kravets, Esquire Attorneys for Plaintiff [ arc . Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A. Cumberland County Plaintiff Court of Common Pleas Attorneys for Plaintiff v. Number 14-2354 Donald P. Harvey and Patricia G. Harvey Defendants CERTIFICATION OF SERVICE The undersigned attorney for the Plaintiff hereby certifies that he/she served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 22nd day of May, 2014, upon the following: Patricia G. Harvey 1100 Claremont Road Carlisle, Pennsylvania 17015 McCABE, WEIS/��D C BY: ,-� [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff P.C. [ ] Mc S. Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of this jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG ►I I CONWAY, P.C. BY: [ ] Terrence J. McCa15e, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff [✓j Marc S. Weisbefg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire Bank of America, N.A. v.Donald P. Harvey and Patricia G. Harvey Cumberland County; CCP; Number 14-2354 File Number: 74314 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY o��0 4- .;-,f AFFft. or T i(f OEFd Bank of America N.A. vs. Donald P. Harvey (et al.) Case Number 2014-2354 SHERIFF'S RETURN OF SERVICE 04/23/2014 09:31 AM - Deputy Jason Kinsler, 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: Donald P. Harvey at 1100 Claremont Road, Middlesex Township, Carlisle, PA 17015. $'4 JAS N KIN DEPUTY 04/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Patricia G. Harvey, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 5224 Oxford Drive, Lower Allen Township, Mechanicsburg,.PA 17055. Residence is vacant. 04/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Patricia G. Harvey, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 1100 Claremont Road, Middlesex Township, Carlisle, PA 17015. Defendant is not a resident of Claremont Nursing Home located at 1100 Claremont Road, Carlisle, PA. SHERIFF COST: $72.08 SO ANSWERS, April 28, 2014 RONNY R ANDERSON, SHERIFF f.c) C:OUrItySuito Shontl, ioleosoft Inc, rr. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Bank of America N.A. vs. Donald P. Harvey (et al.) Case Number 2014-2354 SHERIFF'S RETURN OF SERVICE 04/23/2014 09:31 AM - Deputy Jason Kinsler, 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: Donald P. Harvey at 1100 Claremont Road, Middlesex Township, Carlisle, PA 17015. JASON KINE , DEPUTY 04/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Patricia G. Harvey, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 5224 Oxford Drive, Lower Allen Township, Mechanicsburg, PA 17055. Residence is vacant. 04/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Patricia G. Harvey, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 1100 Claremont Road, Middlesex Township, Carlisle, PA 17015. Defendant is not a resident of Claremont Nursing Home located at 1100 Claremont Road, Carlisle, PA. SHERIFF COST: $72.08 SO ANSWERS, April 28, 2014 RONNY R ANDERSON, SHERIFF �U (c) Cour ySuilo Shontf, Toleosoll Inc. I, •a l;o• ti' AFFIDAVIFAT ITH OF GOOD 1111111 1 111 11 111 11111 11111 III I IIII INVESTIGATION *220502* File#:381-0100PA Subject: Patricia G. Harvey Last -known Address: 1100 Claremont Road , Carlisle, PA 17015 STATE OF NEW YORK COUNTY OF SUFFOLK ss.: Christina Cappiello, the undersigned, being duly sworn, deposes and says that I am over the age of eighteen and not a party to this action. I reside in the STATE OF NEW YORK. I conducted a good faith investigation into the whereabouts of the Patricia G. Harvey at the last-known/property address indicated below and the extent of the investigation and the results are as follows: Date DueDiligence Remarks 05/20/2014 PROPERTY ADDRESS: 5224 Oxford Drive, Mechanicsburg, PA 17055 05/20/2014 LAST -KNOWN ADDRESS: 1100 Claremont Road, Carlisle, PA 17015 05/20/2014 INTERNET SEARCH: Search results show the subject resides at the above stated property address. Results provide a telephone number of 717-766-9225 for the subject. Results also list the last -known address as a recent address for the subject. 05/20/2014 INQUIRY OF LOCAL TELEPHONE COMPANY: Directory Assistance: The subject has a telephone listing for the above stated property address. Search results found the number of 717-766-9225 associated with the subject. 05/20/2014 DEATH RECORDS: Social Security Death Index Search was unable to locate a death record for the subject. 05/20/2014 LOCAL TAX RECORD INQUIRY: Search was unable to confirm a mailing address for the above stated property address. I, Christina Cappiello, reviewed and signed this affidavit on 05/21/2014. The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge, information and belief. Sworn to and,�s ribedyfore me on ((yy �l , 2014 Notary Public, PATRICIA L. BRICKMEIER Notary Public. State of New York 01BR6000167 Qualified in Nassau County Commission Expires, December OIL 2017 Xf.T7 Christina Cappiello Attorney Outsourcing Support Services, Inc. Agency License #2004244 -DCA 1 Huntington Quadrangle, Suite 2SO4 Melville, NY 11747 (516) 284-5850 Firm Ref#: 381-0100PA jir C Person Search Results Search Terms Used - SSN: 179-30-xxxx; All Full Name Age/DOB Address Page 1 of 1 Records: 1 to 2 of 2 Dates Phone Information 1. PATRICIA G HARVEY Gender: Female 179-30-xxxx LexID: 1075647361 We Also Found: 5224 OXFORD DR Nov 1979 - Apr 2014 717.766.9225 - EDT MECHANICSBURG PA 17055.3510 ❑ Records ❑ Email Address 2. PATRICIA G HARVEY Gender: Female 179-30-xxxx LexID: 1075647361 1100 CLAREMONT RD CARLISLE PA 17015.8560 Your DPPA Permissible Use: Use in the Normal Course of Business Your GLBA Permissible Use: Authorized by Consumer Jan 2013- Feb 2014 Records: 1 to 2 of 2 https://secure.accurint.com/app/bps/main 5/20/2014 Free people search and contact details for Patricia G Harvey I WhitePages Page 1 of 1 WhitePages.com Adv Patr Har Hon Pric has !nen Wht abo Patricia G Harvey N,/ Send them flowers I i-Soo-Flowers.com Phone number 717-766-9225 Address 5224 Oxford DrMechanicsburg, PA 17055-3510 People Patricia may know A Burton Sandra E Wirth © 2014 WhitePages Inc. - Privacy Policy and Terms of Use http://www.whitepages.com/name/Patricia-G-Harvey/Mechanicsburg-PA/4k3dxpu 5/20/2014 Social Security Death Index (SSDI) Records - Social Security Death Index SSDI Records ... Page 1 of 2 Search All Collections Newspapers Recent Obituaries Newspaper Archives Historical Obituaries Birth Records Marriage Records Passenoer Lists Newspaper Articles Legal. Probate & Court photos & Illustrations r More Other Genealogy Records Social Security Death Index Historical Books Historical Documents African-American Newspapers Irish -American Newspapers Log In I Subscribq Home About Us ': Help I Learning Center j Store 1 IR GIFT MEMBERSHIPS Questions? Call 1-866-641-3297 Death Records in the Social Security Death Index (SSDI) In compliance with Section 203 ("Restriction on Access to the Death Master File") of the Budget Act of 2013, we are no longer able to display SSDI records for Individuals who have died within the previous 3 years. You can learn more here. Discover Your Family's Past in: Newspaper Archives (1690-20101 Historical Obituaries (1704-19991 All ofGenealoavBani4 Recent Obituaries (1977 -Today) Your search did not match any Items in Social Security Death Index. Suggestions • Check your spelling. • Try Inserting wildcards in place of any easily misread letters, like "Mo??oy" or "Mo*oy." The question mark wildcard will match any single character, and the asterisk will match up to five characters. Learn More • Try searching for other distinctive information about your ancestor using the "Include keywords" field. Try another search! Last Name f First Name Middle Initial (j) Need Help Searching Your Ancestors? Contact Us Now Toll Free 1-866-641-3297 Our family history consultants are here to help. 11am - 7pm EST http://www. genealogybank. com/gbnk/ssdi/?lname=&fname=&minit=&birthy_0=&birthy_... 5/20/2014 Social Security Death Index (SSDI) Records - Social Security Death Index SSDI Records ... Page 2 of 2 1 Date Information Born Between Died Between year: year t Last Known Residence City OR ZIP Code I"" _...._..._...,_. OR Non -U.S. Location County Social Security Number Details State SSN Issued Clear Form Any (y. State `.Aly..--_.........._................_._.._i,�l Social Security Numberr17 SSW Search Tilos ( Begin Search Stay connected. Follow us! in the news contact us 1 affiliates 1 privacy policy 1 terms of use I site map 1 blog http://www.genealogybank. com/gbnk/ssdi/?Iname=&fname=&minit=&birthy_0=&birthy_... 5/20/2014 Bank of America, N.A. Plaintiff v. Donald P. Harvey and Patricia G. Harvey Defendants i THE 1 RO`� HONOIA CfJi ,JUN -3 {i 10: 37 CUMBERLAND COUNTY PENNSYLVANIA Cumberland County Court of Common Pleas Number 14-2354 ORDER AND NOW, this 2. °i day of %Pim- , 2014, the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant, Patricia G. Harvey, by regular mail and by certified mail, return receipt requested, to her last -known address of 1100 Claremont Road, Carlisle, Pennsylvania 17015, and by posting the mortgaged premises of 5224 Oxford Drive, Mechanicsburg, Pennsylvania 17055. 84-4-,( P1. tOarsbeirr tppy �rr� ZG'14 J[ir1 16 Pt1 2: C,U! R PL, ND PENNS YL VA NIA McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A. Plaintiff v. Patricia G. Harvey and Donald P. Harvey Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 14-2354 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above -captioned matter. McCAJ3„E, WEISB BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esquire Attorneys for Plaintiff ] Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Jose I. Foley, Esq. [ ] J iter L. Wunder, Esquire [ Carol A. DiPrinzio, Esquire �}ell. �acita'( el,(tD17319 p.4-30-7332 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff , at� IL I- rrrnb�r ( ( ){� l�j�} �] . 0�4{S1h. �jttb r i (��. f t!SJ f 1 l:��V IA.5 Jody S Smith Ax Chief Deputy 4 'JUN 25 pM3:Richard W Stewart `. Solicitor vF,rICE OF THE SHERIFF CUMBERLAND COUNTY PENNSYLVANIA Bank of America N.A. Case Number vs. 2014-2354 Donald P. Harvey(et al.) SHERIFF'S RETURN OF SERVICE 06/18/2014 08:33 PM- Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant,to wit: Patricia G. Harvey, pursuant to Order of Court by"Posting"the premises located at 5224 Oxford Drive, Lower Allen Township, Mechanicsburg, PA 17055 with a true and correct copy according to law. DAWN KELL, DEPUTY SHERIFF COST: $45.30 SO ANSWERS, June 19, 2014 RbNNNY R ANDERSON, SHERIFF (c)countysulte Sheriff,Teleosoft,Inc. [? 7iONG TA if. 20 II Jilt 2.3 ZO COISQL k) PENNS }, I. VAf,�U�I7 r. r,A • McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A. Plaintiff v. Donald P. Harvey and Patricia G. Harvey Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 14-2354 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA . :SS. COUNTY OF PHILADELPHIA The undersigned attorney being duly sworn according to law, deposes and says that the following is true and correct to the best of his/her knowledge and belief: 1. That he/she is counsel for the above-named Plaintiff; 2. That on June 25, 2014, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Patricia G. Harvery by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his/her last -known address of 1100 Claremont Road, Carlisle, Pennsylvania 17015. A true and correct copy of the letter and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A". 3. That on June 18, 2014, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Patricia G. Harvery, by posting the same at the mortgaged premises of 5224 Oxford Drive, Mechanicsburg, Pennsylvania 17055. A true and correct copy of the Sheriffs Returns of Service indicating same is attached hereto, made a part hereof, and marked as Exhibit "B". SWORN AND SUBSCRIBED BEFORE ME THIS 7-/ DAY OF, 2014 -"poor' NOTARY 'UBLIC COMMONWEALTH OF PENNSYLVAMA NOTARIAL SEAL STEVEN TRAVASCIO, Notaryg County mbsi PhilaFi it Fsbt 19, 2018 McCABE, WEISBER D CONWAY, P.C. BY: [ ] Terrence J. McCabe, sq. [ ] �r S. Weisberg, Esq. [ ] Edward D. Conway, Esq. [ ] argaret Gairo, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Jennifer L. Wunder, Esquire [ ] Lena Kravets, Esquire [ of A. DiPrinzio, Esquire Attorneys for Plaintiff Bank of America, N.A. Plaintiff v. Donald P. Harvey and Patricia G. Harvey Defendants FILED -OFFICE OF THE PRO iHONO TAI" Zt i4 JUN —3 Ate 13: 37 CUMBERLAND COUNTY Cumberland County Court of Common Pleas Number 14-2354 ORDER AND NOW, this .Z'"dday of Ju.me, , 2014, the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant, Patricia G. Harvey, by regular mail and by certified mail, return receipt requested, to her last -known address of 1100 Claremont Road, Carlisle, Pennsylvania 17015, and by posting the mortgaged premises of 5224 Oxford Drive, Mechanicsburg, Pennsylvania 17055. BY THE COURT: / J. SUITE 210 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 FAX (914) 636-8901 SUITE 201 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 130 DELAWARE CORPORATE CENTER I ONE RIGHTER PARKWAY WILMINGTON, DE 19803 (302) 409-3520 FAX 855-425-1980 Patricia G. Harvey 1100 Claremont Road Carlisle, PA 17015 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 1400 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 June 25, 2014 Re: Bank of America, N.A. v.Donald P. Harvey and Patricia G. Harvey Cumberland County; Court of Common Pleas; Number: 14-2354 Dear Patricia G. Harvey, SUITE 800 312 MARSHALL AVENUE LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia SUITE 203 722 E. MARKET STREET LEESBURG, VA 20176 (571)449 9350 FAX: (855) 845-2585 SUITE 2S06 1 HUNTINGTON QUADRANGLE MELVILLE, NY 11747 (631) 812-4084 FAX: (855) 845-2584 Enclosed please find a true and correct copy of the Complaint in Mortgage Foreclosure, the original of which has been duly filed of record with the Court. /mceEnclosure SENT VIA CERTIFIED MAIL NUMBER 7014 0150 0001 0135 3445 0 Very truly yours, Maggie Cline, Paralegal For McCabe, Weisberg and Conway, P.C. This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor evintrrey*r,7 6. 04,9 OFFICE OF THE SkERIFF Bank of America N.A. vs. Donald P. Harvey (et al.) Case Number 2014-2354 SHERIFF'S RETURN OF SERVICE 06/18/2014 08:33 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Patricia G. Harvey, pursuant to Order of Court by "Posting" the premises located at 5224 Oxford Drive, Lower Allen Township, Mechanicsburg, PA 17055 with a true and correct copy according to law. _ `�►-�. "t . DAWN KELL, DEPUTY SHERIFF COST: $45.30 SO ANSWERS, June 19, 2014 RONR ANDERSON, SHERIFF Ex (c) CountySuito Shenff, Teleosoft Inc. • IVIcCABE, WEISBERG AND CONWAY, P.C. ' BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A. Plaintiff Donald P. Harvey v. Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-2354 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant, Donald P. Harvey, in the above - captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure, and assess damages as follows: Amount Due $ 154,865.13 Interest from 03/26/14 to 10/22/14 $ 5,969.19 Total $ 160,834.32 Date: \a\�L1 McCABE EISBERG & CONWAY, P.C. ] Terrence J. McCabe, Esq. [ ] Marc S. Weisberg, Esq. [ ] Edward D. Conway, Esq. [ ] Margaret Gairo, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ 1 Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff AND NOW, this21 1 day of c -I • , 2014, Judgment is entered in favor of Plaintiff, Bank of America, N.A. , and against Defendant, Donald P. Harvey, in rem only and not in personam, and damages are assessed in the amount of $160,834.32, plus interest and costs. JCS}. 110 .Sb C 30(21' A,lrt ce. tY c McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A. Plaintiff v. Donald P. Harvey Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-2354 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned, being duly sworn according to law, deposes and says that the Defendant, Donald P. Harvey, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C. App. §501, et seq.; and that the Defendant, Donald P. Harvey, is over eighteen (18) years of age, and resides as follows: Donald P. Harvey, 1100 Claremont Road Carlisle, PA 17015 COM SWORN AND SUBSCRIBED Date: \c,\-122_\ BEFORE ME THISZ� DAY McCABE, WEISBERG & CONWAY, P.C. OF CDc , 2014 NOTARY PUBLIC O ALT!. PP LESLIENOTARIAL SEAL 1VsrL� City of Philadelphia,Nl rE, NotaPublic My CommissioExee Phila.County2 8 ANCA BY: ifer] Terrence J. McCabe, Esq. [ ] Marc Weisberg, Esq. [ ] Edward D. Conway, Esq. [ ] Margaret Gairo, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff Department of Defense Manpower Data Center Status l q ort Pursuant to Sery cernem'bers Civil Relief Act Last Name: HARVEY First Name: DONALD Middle Name: Active Duty Status As Of: Oct -22-2014 Results as of : Oct -22-2014 06:46:10 AM SCRA 3.0 On Active Duly 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 " 1. 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 n. NA '�,. s ..No, NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Th d Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiersand Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information wit cause an erroneous certificate to be provided. Certificate ID: QEJ6JEBBIO4DS60 McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A. Plaintiff Donald P. Harvey v. Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 14-2354 AFFIDAVIT OF LAST -KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: The undersigned attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby deposes and says that the last -known mailing address of the Defendant is: Donald P. Harvey 1100 Claremont Road Carlisle, Pennsylvania 17015 SS. SWORN AND SUBSCRIBED Date: Q122_\ \"P BEFORE ME THIS -2-2_ DAY , 2014 OF NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LESLIE WHITE, Notary Public City of Philadelphia, Phila. County 18 M Commission Expires July , McCABE, WEISBERG & CONWAY, P. . BY: ]Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff ] Marc S. Weisberg, Esq. 1 Margaret Gairo, Esq. 1 Heidi R. Spivak, Esq. ] Christine L. Graham, Esq. ] Ann E. Swartz, Esq. ] Joseph I. Foley, Esq. ] Lena Kravets, Esq. McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A. Plaintiff Donald P. Harvey v. Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-2354 CERTIFICATION The undersigned hereby certifies that he/she is the attorney for Plaintiff, being duly sworn according to law, deposes and says that a letter was deposited in the United States Mail notifying the Defendant that judgment would be entered against him/her/them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS --Z-1 DAY OF r\ - - , 2014 _4,0j)fQ, L4 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LESLIE WHITE, apublic City of Philadelphia, Notary County , s Jul , 2018 M Commission Ex Date: \C\ -L-?. \11 McCABE, WEISBERCONWAY, P.C. BY: ye] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff [ ] Marc S: Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Aim E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Lena Kravets, Esq. VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG & CONWAY, P.C. BY: errence J. McCabe, Esq. [ ] Marc S. Weisberg, Esq. ] Edward D. Conway, Esq. [ ] Margaret Gairo, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff Bank of America, N.A. v. Donald P. Harvey Cumberland County; Number: 14-2354 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary July 21, 2014 To: Donald P. Harvey 1100 Claremont Road Carlisle, Pennsylvania 17015 Bank of America, N.A. vs. Donald P. Harvey Patricia G. Harvey Cumberland County Court of Common Pleas Number 14-2354 NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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 (10) 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 mce NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOOADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. Si USTED NO TIENE A UN ABOOADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO..ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QU E PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINOI)N HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 McC s WEISBERG .11.11 CONWAY, P.C. BY: [ ] Terrence J. McCabe,`squire. [ ] Edward D. Conway,' Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff S. Weisberg, Esquire garet Gairo, Esquire [ l Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ],Jetin " Wunder, Esquire [ arol A DiPrinzio, Esquire 74314 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Donald P. Harvey 1100 Claremont Road Carlisle, Pennsylvania 17015 Bank of America, N.A. Plaintiff Donald P. Harvey v. Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 14-2354 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has een ente int a ove proceed as indicated below. 030 Prothonotary X Judgment by Default j b I a' -(f 1,1 Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Bank of America, N.A. FILE NO.: 14-2354 Civil Term v. AMOUNT DUE: $160,834.32 Donald P. Harvey INTEREST: from 10/23/14 $3,516.52 at $26.44 ATTY'S COMM.: COSTS: Cn N) C./1 --n TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 5224 Oxford Drive, Mechanicsburg, Pennsylvania 17055 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) (4I(� 4)1.5010d_ �^f ' described in the attached exhibit. DATE: it /1(4 %71,08 qr . •3 ,o3. 7s' ri►-1lr 16 -sem 2. McCABE, WE BY: [ ] Terrence J. McCabe sq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [.p] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff ] Marc S.' eisberg, Esq. ] Margaret Gairo, Esq. ] Heidi R. Spivak, Esq. ] Christine L. Graham, Esq. ] Ann E. Swartz, Esq. ] Joseph I. Foley, Esq. ] Lena Kravets, Esq. Address:123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Ci Supreme Court ID No. 3.576 to 3/4f 003 Pe--- F Cr /ssu e1C THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net Bank of America, N.A. Vs. Donald P. Harvey WRIT OF EXECUTION NO 14-2354 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: $160,834.32 L.L.: $.50 Interest from 10/23/14 - $3,516.52 at $26.44 Atty's Comm: Due Prothy: $2.25 Atty Paid: $277.88 Other Costs: Plaintiff Paid: , Date: 11/26/14 (Seal) REQUESTING PARTY: Name: Joseph. F. Riga, Esq. Address: 123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: 215-790-1010 Supreme Court ID No. 57716 David D. Buell, Prot By: onota Deputy McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID .# 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE- ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A. Plaintiff V. Donald P. Harvey Defendants Attorneys for Plaintiff • CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 14-2354 AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 5224 Oxford Drive, Mechanicsburg, Pennsylvania 17055, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Donald P. Harvey 2. Name and address of Defendants in the judgment: Address 1100 Claremont Road Carlisle, Pennsylvania 17015 Name Address Donald P. Harvey 1100 Claremont Road Carlisle, Pennsylvania 17015 3. Name and last own address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue United States of America United States of America do Atty General of the United States United States of America c/o Atty General of the United States 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales c/o United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 M 8. Name and address of Attorney of record: Name None Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. iya DATE BY: [ ] Terrence J. cCabe sq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. ]Joseph F. Riga, Esq. Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff Bank of America, N.A. v. Donald P. Harvey Cumberland County; Number: 14-2354 ] Marc S. Weisberg, Esq. ] Margaret Gairo, Esq. ] Heidi R. Spivak, Esq. ] Christine L. Graham, Esq. ] Ann E. Swartz, Esq. ] Joseph I. Foley, Esq. ] Lena Kravets, Esq. LEGAL DESCRIPTION hrim and uslpu ALL that certain lot in Plan No. 5, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey sates January 12, 1960, by D. P. Haffensperger, n. S., as follows; Lot 4, itivcjt "P". BEGINNING at a point where the division line between Lots twenty-one (21) and twenty-two (22), block °Be, intersects with the southwester) side of Oxford Drive; thence south thirteen (13) degrees twelve (12) minutes east, along the division lire between lots twenty-one ((21 and twenty-two (22)rone hundred ten (110) feet to a point; thence south 'seventy-six (76) degrees forty- eight (48) minutes west, seventy-five (75) feet to a point; thence north thirteen (13) degrees twelve (12) minutes west, along the division line between lots twenty ,(20) and twenty-one (21), one hundred ten (110) feet to a point; thence north seventy-six (76) degrees forty-eight (48) minutes east, along the southeasterly side of Oxford Drive, seventy-five (75) feet to a points the place of beginning. UHLNti ANL SUNJECT, NINSfiTH8Lgbb, to the covenants, conditions and restrictions contained in the Leclaration of Windsor Park, lnc. and fling Associates lno., dated March, 1959, recorded in Disc. kook page . ALSO, the utilities easements of a set -back line of five (5) feet in the rear of the property line, which said easements are to be forthwith recorded. SUBJECT ti VERTNELBbb, to a certain easement of Keystone Pipe Line Company, recorded in misc. kook 67 page 192. UNDER AND SUBJECT to restrictions as filed with said Plan. Premises: 5224 Oxford Drive, Mechanicsburg, Pennsylvania 17055. BEING the same premises which Frank Puza and Barbara Puza, by deed dated September 21, 1961 and recorded September 29, 1961 in Deed Book 120, Page 231, granted and conveyed unto Donald P. Harvey and Patricia G. Harvey. On January 8, 1991 Patricia G. Harvey departed this life leaving title solely to Donald P. Harvey. TAX MAP PARCEL NUMBER: 13-24-0793-114 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Bank of America, N.A. v. Donald P. Harvey Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 14-2354 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Donald P. Harvey 1100 Claremont Road Carlisle, Pennsylvania 17015 Your house (real estate) at 5224 Oxford Drive, Mechanicsburg, Pennsylvania 17055 is scheduled to be sold at Sheriffs Sale on March 4, 2015 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $160,834.32 obtained by Bank of America, N.A. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Bank of America, N.A. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To fmd out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 J LEGAL DESCRIPTION heti and allow ALL that certain lot in plan No. 5, Windsor Park, Lower Allen Township, Cumberland C©i)nty, Pennsylvania, as shorn on the survey aateo January 12, 1960, by D. P. ttaffensperger, R. 6., as fol l ows t Lot )t, blocjr MR„. BEGINNING at a point where the division line between Lots twenty-one (21) and twenty-two (22), block "es, intersects with the southwester) side of Oxford Drive; thence-souththirteen (13) degrees twelve (12) minutes east, along the division line between lots twenty-one ((21 and twenty-two (22), one hundred ten (110) feet to a point; thence south 'seventy-six (76) degrees forty- eight (48) minutes west, seventy-five (75) feet to a point; thence north thirteen (13) degrees twelve t12) minutes west, along the division line between lots twenty.(20) and twenty-one (21), one • hundred ten (110) feet to a point; thence north seventy-six (76) degrees forty-eight (48) minutes east, along the southeasterly side of Oxford Drive, seventy -live (75) feet to a point, the place of beginning. , UNlrEei AND SUHJ£CT, NhV6e'sTRlLgbb, to the covenants, conditions and restrictions conteinea in the Declaration of ikindsor Park, lnc. and iriing Associates Inc., dated Larch, 1959, recorded in Misc. Book pn e . ALSO, the utilities easements of a set -back line of five (5) feet in the rear of the property line, which said easements are to be forthwith recorded. SUBJECT NEVERTHELESS, to a certain easement of Keystone Pipe Line Company, recorded in mise. Hook 67 page 192. UNDER AND SUBJECT to restrictions as filed with said Plan. Premises: 5224 Oxford Drive, Mechanicsburg, Pennsylvania 17055. BEING the same premises which Frank Puza and Barbara Puza, by deed dated September 21, 1961 and recorded September 29, 1961 in Deed Book 120, Page 231, granted and conveyed unto Donald P. Harvey and Patricia G. Harvey. On January 8, 1991 Patricia G. Harvey departed this life leaving title solely to Donald P. Harvey. TAX MAP PARCEL NUMBER: 13-24-0793-114