HomeMy WebLinkAbout14-4919 For Prothonotary Use Only:
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CountyDocket No.
The information collected on this form is used solely for court administration purposes. .This form does not
supplement or replace thefiling and service ofplea±Ms or other papers as re ui►-ed by law or rules o court.
Commencement of Action:
S ®Complaint ❑ Writ of Summons ❑ Petition
E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiffs Name:Fifth Third Mortgage Company Lead Defendant's Name:Cynthia L.Yeiser
T
I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑within arbitration limits
Q (check one) ❑outside arbitration limits
N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No
A Name of Plaintiff/Appellant's Attorney:McCabe,Weisberg&Conway,P.C.
❑ Check here if you have no attorney(a Self-Represented (Pro Set 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
o 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
I3 ❑Toxic Waste REAL PROPERTY MISCELLANEOUS
❑Other:
❑Ejectment ❑Common Law/Statutory Arbitration
❑ Eminent Domain/Condemnation ❑Declaratory Judgment
❑Ground Rent ❑Mandamus
❑Landlord/Tenant Dispute ❑Non-Domestic Relations
®Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial 11 Quo Warranto
❑Dental ❑Partition ❑Replevin
❑Legal ❑Quiet Title ❑Other:
❑Medical ❑Other:
❑Other Professional:
Updated 1/12011
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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 1. 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
Fifth Third Mortgage Company Cumberland County
5001 Kingsley Drive, MD 1MOB-BW Court of Common Pleas
Cincinnati, OH 45227 t J
Number I "t _l
V.
Cynthia L. Yeiser
2148 Yale Avenue
Camp Hill, Pennsylvania 17011
COMPLAINT IN MORTGAGE FORECLOSURE
0� d
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,� 31 00 (v
File#74260
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 demandante y requiere que usted cumpla con
may lose money or property or other rights todas las provisiones de esta demanda. Usted
important to you. puede perder dinero o sus propiedades u otros
derechos importantes para usted.
YOU SHOULD TAKE THIS PAPER
TO YOUR LAWYER AT ONCE. IF YOU USTED LE DEBE TOMAR ESTE
DO NOT HAVE A LAWYER, GO TO OR PAPEL A SU ABOGADO
TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE.SI USTED NO TIENE
BELOW. THIS OFFICE CAN PROVIDE A UN ABOGADO, VA A O TELEFONEA
YOU WITH INFORMATION ABOUT LA OFICINA EXPUSO ABAJO. ESTA
HIRING A LAWYER. OFICINA LO PUEDE PROPORCIONAR
IF YOU CANNOT AFFORD TO CON INFORMATION ACERCA DE
HIRE A LAWYER,THIS OFFICE MAY BE EMPLEAR A UN ABOGADO.
ABLE TO PROVIDE YOU WITH SI USTED NO PUEDE
INFORMATION ABOUT AGENCIES THAT PROPORCIONAR PARA EMPLEAR UN
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, Pennsylvania 17013 REDUCIDO NI NINGUN HONORARIO.
(800) 990-9108
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
File#74260
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: Fifth Third Mortgage Company v. Cynthia L. Yeiser
Cumberland County
File#74260
Page 3
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is Fifth Third Mortgage Company.
2. The Defendant is Cynthia L. Yeiser, who is the mortgagor and owner of the
mortgaged property hereinafter described, whose last-known address is 2148 Yale Avenue, Camp
Hill, Pennsylvania 17011.
3. On August 29,2008, Cynthia L. Yeiser,mortgagor,made, executed and delivered a
mortgage upon the premises hereinafter described to Fifth Third Mortgage Company which mortgage
is recorded in the Office of the Recorder of Cumberland County as Instrument Number 200831363
("the Mortgage"), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g)
Pa. R. C. P.
4. On August 29,2008,Defendant,Cynthia L. Yeiser,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.
5. The premises subject to said mortgage is described in the legal description attached as
Exhibit"A"and is known as 2148 Yale Avenue, Camp Hill, Pennsylvania 17011.
6. The mortgage is in default because monthly payments of principal and interest upon
said mortgage due March 1,2014 and each month thereafter are due and unpaid,and by the terms of
said mortgage,upon default in such payments for a period of one month,the entire principal balance
and all interest due thereon are collectible forthwith.
File#74260
Page 4
7. The following amounts are due on the mortgage:
Principal Balance $ 160,668.24
Interest to August 8, 2014 $ 5,422.03
Pre-accelerated Late Charges $ 163.83
Attorney's Fee $ 1,800.00
Property Inspections $ 60.00
Positive Escrow Advance $ (1,281.91)
GRAND TOTAL $ 166,832.19
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 parry 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.
8. Plaintiff complied with all notice requirements as prescribed by 41 P.S. §101,et seq.
(Act 6), and 3 5 P.S. 1680.401 c, et seq. (Act 91), as applicable.
WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of
$166,832.19, together with interest at the rate of $28.61 per diem and other costs and charges
collectible under the mortgage and for the foreclosure and sale of the mortgaged property.
McCAn7"_1
RG& W ,P.C.
BY:
[ ] Terrenc . McCabe,Esquire [ ] Marc S. Weisberg,Esquire
[ ]Edward D. Conway,Esquire [ ] Margaret Gairo, Esquire
[ ]Andrew L.Markowitz,Esquire [ ] Heidi R. Spivak,Esquire
[ ] Marisa J. Cohen,Esquire [ ]Christine L.Graham,Esquire
[ ] Brian T. LaManna,Esquire [ ]Ann E. Swartz,Esquire
[ ] Joseph F. Riga,Esquire �] seph I.Foley,Esquire
[ ] Celine P.DerKrikorian,Esquire [ ]Jennifer L.Wunder,Esquire
[ ]Lena Kravets,Esquire [ ] Carol A.DiPrinzio,Esquire
Attorneys for Plaintiff
RE: Cynthia L. Yeiser and John R. Beinhaur/ Property Address: 2148 Yale Avenue, Camp Hill,
Pennsylvania 17011
FILE#: 74260
File#74260
Page 5
VERIFICATION
The undersigned, Suzanne Kadash-Blick, does hereby certify that she is an Officer of
Fifth Third Bank and that Fifth Third Bank has been duly nominated and appointed by Fifth
Third Mortgage Company, plaintiff herein, as its mortgage servicing agent in regard to the
mortgage loan which is the subject of this action(the "Mortgage"). Fifth Third Mortgage
Company lacks sufficient information to make this verification because Plaintiff is not the entity
that maintains the business records for the Mortgage. Fifth Third Bank, in its capacity as
mortgage servicing agent for Fifth Third Mortgage Company, 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 Fifth Third Bank for and
relating to the Mortgage, and I make this Verification based on my review of those records,
which are maintained by Fifth Third Bank 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: August 1, 2014 B
am : zanne Kad h-Blick
Title. O ficer
Name: Fifth Third Mortgage Company v. Cynthia L. Yeiser
Loan Number ending with: 5398
File#74260
Page 6
Exhibit "A"
ALL' THAT"CERTAIN tract or parcel of Iand situate in the Borough of Camp Hill, County of Cumberland,
Commonwealth of Pennsylvania,more particularly bounded and described as follows,to wit:
BEGINNING at a point on the Northerly line of Yale Avenue,495.8 feet measured Westwardly along said line
from the Northwest conger of 21st Street and Yale Avenue; THENCE North 03 degrees 51 minutes West along
line of lands now or formerly of Forrest Hemp4 et a1, 109.52 feet to a point;thence North 84 degrees West along
the Southerly line of property now or formerly of R.C.Hammond,61.20 feet to a point;thence South 06 degrees
West along line of lands now or formerly of Merle C. Guise and Harry Schriver, 49.65 feet to a point; thence
South 82 degrees 40 minutes East along fine of lands now or formerly of J.Forrest Hempt, et al,(being premises
No.2156 Yale Avenue)8.8 feet to a point;thence South 03 degrees 51 minutes East along the same,70.27 feet to
a point on the Northerly line of Yale Avenue;thence by said line of Yale Avenue North 86 degrees 09 minutes
East,60 feet to the place of beginning.
HAVING thereon erected a One story brick dwelling house known as 2148 Yale Avenue.
BEING Tax Parcel Number 01-21-0271-608.
i
I
i
FORM 1
Fifth Third Mortgage Company IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA.
vs. rilqjq
y y y
C.-
,LI Zai;} 1 1f°
Cynthia L,. Yeiser Iq
Civil -y '= ,
Defendant ,CD
CD .--
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSRE1 ='
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.
ZRe ctfully subm'
Date
[Si;,
Si ture of Counsel for Plaintiff]
74260
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:
Ct)STOINIER/PRIMAIIA'
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 0
If yes,provide names,location of court,case number&attorney:
Assets Amount Owed: Value
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile#1: Model: Year:
Amount owed: Value:
Automobile#2: Model: Year:
Amount owed: Value:
Other transportation(automobiles,boats motorcycles): Model
Year: Amount owed: Value:
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description(not wages):
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
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 I/we am/are under no obiligation
to use the services provided by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's counsel:
Vr Proof of income
Past 2 bank statements
Proof of any expected income for the last 45 days
Copy of a current utility bill
Letter explaining reason for delinquency and any supporting documentation(hardship letter)
V Listing agreement(if property is currently on the market)
3
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CK UMBERU ANp COUNTY
[t• �.
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;8/ll SEP 23 M/107/ 0
CAMA
PENNSYLVANIA
-' Ty
OF-FiC;Ei OF THE .6HERiFt:
Fifth Third Mortgage Company
vs.
Cynthia L. Yeiser
Case Number
2014-4919
SHERIFF'S RETURN OF SERVICE
09/17/2014 12:14 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diverion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit:
Cynthia L. Yeiser at 2148 Yale Avenue, Camp Hill Borough, Camp Hill, PA 17011.
GUTSHALL, DEPUTY
SHERIFF COST: $44.95 SO ANSWERS,
^~�|
September RO/vm,RANDERSON, SHERIFF
(c) County.Suio Sheriff, Teleosoft, Inc,
M':CAB,,, 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
Fifth Third Mortgage Company
Plaintiff
v.
Cynthia L. Yeiser.
Defendant
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 14-4919 Civil
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of Plaintiff and against Defendant, Cynthia L. Yeiser, 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
Interest from 08/09/14 to 11/03/14
Total
$ 166,832.19
$ 2,489.07
$ 169,321.26
Date: 11/3/2014 McCABE, WEISBERG & CONWAY, P.C.
AND NOW, this ib day of
BY:
[ ] Terrence J. McCabe, Esq. [ (]c S. Weisberg, Esq.
[ ] Edward D. Conway, Esq. [ argaret Gairo, Esq.
[ ] Andrew L. Markowitz, Esq. [ ] eidi 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
'1\.)0v . , 2014, Judgment is entered in favor of Plaintiff, Fifth Third
Mortgage Company, and against Defendant, Cynthia L. Yeiser, in rem only and not in personam, and damages are
assessed in the amount of $169,321.26, plus interest and costs.
BY TThi PRO
0.r d
i
Rfr9)3291
r_.J,•-— ham_'/_
McCA1 E, 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
Fifth Third Mortgage Company
Plaintiff
v.
Cynthia L. Yeiser
Defendant
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 14-4919 Civil
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF PHILADELPHIA:
The undersigned, being duly sworn according to law, deposes and says that the Defendant, Cynthia L. Yeiser,
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, Cynthia L. Yeiser, is over
eighteen (18) years of age, and resides as follows:
Cynthia L. Yeiser
2148 Yale Avenue
Camp Hill, PA 17011
SWORN AND SUBSCRIBED
BEFORE ME THIS L.) DAY
OF , 2014
NOTARY PUBLI
COMMONWEALTH OF PENNSYLVA IA
NOTARIAL SEAL
DEAN R. JACOBS, JR., Notary Public
City of Philadelphia, Phila. County
My Commission Expires June 27, 2017
SS.
Date: 11/3/2014
McCABE, W�EISBERG & CONWAY, P.C.
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 . Weisberg, Esq.
Margaret Gairo, Esq.
[ ] Heidi R. Spivak, Esq.
[ 1hristine L. Graham, Esq.
[ ] Ann E. Swartz, Esq.
[ ] Joseph I. Foley, Esq.
[ ] Lena Kravets, Esq.
Department of Defense Manpower Data Center
Status Report
Pursuant to Sery cernembers Civil Relief Acct.
Last Name: YEISER
First Name: CYNTHIA
Middle Name:
Active Duty Status As Of: Nov -03-2014
Results as of : Nov -03-2014 08:14:38 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA :. ! ,-" . _
— — _ ' NeN,
NA
This response reflects�the individuals' active duty status based on the Active Duaty Status Date
.,.
Left Active Duty Within 367 Das of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
0 NA ' _ - - _ .-
' « ,.," '_. -;'^No 4,-- t'. - 1
NA
This response reflects Where the individual left active dutyystatus within 367 days preceding the Active Duty Status Date
k. It,
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
't... NA ��, v
•- w '= No
NA
r
This response reflects whether the individual or hisTer 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
The 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/PCO9SLDR.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 (NOM Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: 9FX445A3E001N40
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
Fifth Third Mortgage Company
Plaintiff
v.
Cynthia L. Yeiser
Defendant
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 14-4919 Civil
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:
Cynthia L. Yeiser
2148 Yale Avenue
Camp Hill, Pennsylvania 17011
SWORN AND SUBSCRIBED
BEFORE ME THIS Sr-) DAY
OF
NOTARY PUBLIC
,2014
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DEAN R. JACOBS, JR., Notary Public
City of Philadelphia, Phila. County
My Commission Expires June 27, 2017
SS.
Date: 11/3/2014
McCABE, WEISBERG & CONWAY, P.C.
[ ] 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
[ ] 'arc ,Weisberg, Esq.
[ rgaret Gairo, Esq.
[ ] Heidi R. Spivak, Esq.
[hristine L. Graham, Esq.
[ ] Ann E. Swartz, Esq.
[ ] Joseph I. Foley, Esq.
[ ] Lena Kravets, Esq.
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
Fifth Third Mortgage Company
Plaintiff
Cynthia L. Yeiser
v.
Defendant
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 14-4919 Civil
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 DAY
OF 1,to ✓IP J
, 2014
NOTARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DEAN R. JACOBS, JR., Notary Public
City of Philadelphia, Phila. County
My Commission Expires June 27, 2017
Date: 11/3/2014
McCABE, WEISBERG & CONWAY, P.C.
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.
argaret Gairo, Esq.
1di R. Spivak, Esq.
Christine L. Graham, Esq.
] Ann 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:
[ ] 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
Fifth Third Mortgage Company v. Cynthia L. Yeiser
Cumberland County; Number: 14-4919 Civil
[ ] ar S. Weisberg, Esq.
[ ] ar_aret Gairo, Esq.
[ ] Heidi R. Spivak, Esq.
[/f Christine L. Graham, Esq.
[ ] Ann E. Swartz, Esq.
[ ] Joseph I. Foley, Esq.
[ ] Lena Kravets, Esq.
1
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, Pennsylvania 17013
Curt Long
Prothonotary
October 14, 2014
To: Cynthia L. Yeiser
2148 Yale Avenue
Camp Hill, Pennsylvania 17011
Fifth Third Mortgage Company
vs.
Cynthia L. Yeiser
Cumberland County
Court of Common Pleas
Number 14-4919 Civil
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
mjs
McC 1 , :' EISBER
AND C
B .
[ ] Terrence J.y,. Cabe, 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
[ ] Carol A. DiPrinzio, Esquire
Attorneys for Plaintiff
NOTIFICACION IMPORTANTE
USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER
PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA
PERSONALMENTE 0 POR ABOGADO 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 DMZ (10) DIAS DE LA FECHA DE ESTA
NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE
COMPARECER USTED EN CORTE U OIR PREUBA ALOUNA, DICTAR
SENTENCIA EN SU CONTRA Y USTED PODRIA PERDERBIENES U OTROS
DERECHOS IMPORTANTES.
USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO
INMEDIATAMENTE. SI LISTED NO TIENE A UN ABOGADO, 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 QUE PUEDEN OFRECER LOS
SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO
REDUCIDO NI NINOt1N HONORARIO.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
]
.C.
Marc S. Weisberg, Esquire
argar tGairo, Esquire
[ ] Heidi R. Spivak, Esquire -
[ ] Christine L. Graham, Esquire
[ ] Ann E. Swartz, Esquire
V ] Joseph I. Foley, Esquire
[ ] Lena Kravets, Esquire
74260
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Prothonotary
To: Cynthia L. Yeiser
2148 Yale Avenue
Camp Hill, Pennsylvania 17011
Fifth Third Mortgage Company
Cynthia L. Yeiser
Plaintiff
v.
Defendant
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 14-4919 Civil
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT haNbeen ed bove proceed
as indicated below.
Prothorota
X Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway,
P.C. at (215) 790-1010.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Fifth Third Mortgage Company
FILE NO.: 14-4919 Civil Civil Term
v. AMOUNT DUE: $169,321.26
Cynthia L. Yeiser
INTEREST: from 11/04/14
$3,367.43 at $27.83 r—K
ATTY'S COMM.:
Y
5
COSTS:
TO THE PROTHONOTARY OF SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or 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.
Z7
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)
2148 Yale Avenue, Camp Hill, Pennsylvania 17011
(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 t
described in the attached exhibit.
DATE: (/Ct I (Cf
BY:
[ ] Terrence J. McC
[ ] Edward D. Co ay, E
[ ] 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
garnishee(s) as a lis pendens against real estate of the defendant(s)
[ ] 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.
4.28.s-0 pc/ /9-
qfq- as
16 -
oS .7
go LL
Address:123 S. Broad Street, Suite 1400
Philadelphia, PA 19109
Attorney for: Plaintiff
Telephone: (215) 790 1010
Supreme Court ID No.
CO -.1 29- z
/2/3I1. 0o6
�� vel ,:1 alp(ssve�✓
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.
Cynthia L. Yeiser
WRIT OF EXECUTION
NO 14-4919 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: $169,321.26 L.L.: 5.50
Interest from 11/04/14 - $3,367.43 at $27.83
Atty's Comm: Due Prothy: $2.25
Atty Paid: $205.70 Other Costs:
Plaintiff Paid:
Date: 11/26/14
Davi.�� c� onotar
(Seal) By:
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
eputy
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
Fifth Third Mortgage Company
Cynthia L. Yeiser
Plaintiff
v.
Defendant
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO: 14-4919 Civil
AFFIDAVIT PURSUANT TO RULE 3129.1
r*.)
cr
aTZ
ry
r-
The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property
located at: 2148 Yale Avenue, Camp Hill, Pennsylvania 17011, 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
Cynthia L. Yeiser
2. Name and address of Defendant in the judgment:
Name
Cynthia L. Yeiser
Address
2148 Yale Avenue
Camp Hill, Pennsylvania 17011
Address
2148 Yale Avenue
Camp Hill, Pennsylvania 17011
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be
sold:
Name
Address
Plaintiff herein
4. Name and address of the last recorded holder of every mortgage of record:
Name
Address
Plaintiff herein
5. Name and address of every other person who has any record lien on the property:
Name
Address
None
6. Name and address of every other person who has any record interest in the property which may be affected by the sale:
Name
None
Address
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property
which may be affected by the sale:
Name
Tenants/Occupants
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
PA Department of Revenue
PA Department of Revenue
Bureau of Compliance
Lien Section
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
Address
2148 Yale Avenue
Camp Hill, Pennsylvania 17011
Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg, PA 17105
ATTN: Dan Richard
110 North 86 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
United States of America
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
Domestic Relations P.O. Box 320
Cumberland County Carlisle, PA 17013
Tax Claim Bureau 1 Courthouse Square
Carlise, PA 17013
Commonwealth of PA
Department of Revenue
United States of America
United States of America c/o
Atty General of the United States
United States of America c/o
Atty General of the United States
8. Name and address of Attorney of record:
Name
None
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
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.
0/14
DATE
BY:
[ ] Terrence .. 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
Fifth Third Mortgage Company v. Cynthia L. Yeiser
Cumberland County; Number: 14-4919 Civil
arc S. Weisberg, Esq.
] Margaret Gairo, Esq.
] Heidi R. Spivak, Esq.
1 Christine L. Graham, Esq.
] Ann E. Swartz, Esq.
] Joseph I. Foley, Esq.
] Lena Kravets, Esq.
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land situate in the Borough of
Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, more
particularly bounded and described as follows, to wit;
BEGINNING at a point on the Northerly line of Yale Avenue, 495.8
feet measured Westwardly along said line from the Northwest corner
of 218t Street and Yale Avenue; THENCE North 03 degrees 51 minutes
West along line of lands now or formerly of Forrest Hempt, et al,
109.52 feet to a point; thence North 84 degrees West along the
Southerly line of property now or formerly of R. C. Hammond, 61.20
feet to a point; thence South 06 degrees West along line of lands
now or formerly of Merle C. Guise and Harry Schriver, 49.65 feet to
a point; thence South 82 degrees 40 minutes East along line of
lands now or formerly of J.Forrest Hempt, et al, (being premises
No. 2156 Yale Avenue) 8.8 feet to a point; thence South 03 degrees
51 minutes East along the same, 70.27 feet to a point on the
Northerly line of Yale Avenue; thence by said line of Yale Avenue
North 86 degrees 09 minutes East, 60 feet to the place of
beginning.
HAVING thereon erected a One story brick dwelling house known as
2148 Yale Avenue.
BEING Tax Parcel Number 01-21-0271-608.
Premises: 2148 Yale Avenue, Camp Hill, Pennsylvania 17011.
BEING the same premises which
National Transfer Services, LLC, a Texas Limited Liability Company by deed dated August 19, 2008 and recorded
September 16, 2008 in Instrument Number 200831362, granted and conveyed unto Cynthia L. Yeiser.
TAX MAP PARCEL NUMBER: 01-21-0271-608
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
Fifth Third Mortgage Company
v.
Cynthia L. Yeiser
Cynthia L. Yeiser
2148 Yale Avenue
Camp Hill, Pennsylvania 17011
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 14-4919 Civil
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
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Your house (real estate) at 2148 Yale Avenue, Camp Hill, Pennsylvania 17011 is scheduled to be sold at Sheriff's
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 $169,321.26 obtained by Fifth
Third Mortgage Company 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 Fifth Third Mortgage Company 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 fmd out the price
bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to
the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this
has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the
sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives
a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of
the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule
will state who will be receiving that money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff
within ten (10) days after the posting of the schedule of distribution.
7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land situate in the Borough of
Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the Northerly line of Yale Avenue, 495.8
feet measured Westwardly along said line from the Northwest corner
of 216t Street and Yale Avenue; THENCE North 03 degrees 51 minutes
West along line of lands now or formerly of Forrest Hempt, et al,
109.52 feet to a point; thence North 84 degrees West along the
Southerly line of property now or formerly of R. C. Hammond, 61.20
feet to a point; thence South 06 degrees West along line of lands
now or formerly of Merle C. Guise and Harry Schriver, 49.65 feet to
a point; thence South 82 degrees 40 minutes East along line of
lands now or formerly of J.Forrest Hempt, et al, (being premises
No. 2156 Yale Avenue) 8.8 feet to a point; thence South 03 degrees
51 minutes East along the same, 70.27 feet to a point on the
Northerly line of Yale Avenue; thence by said line of Yale Avenue
North 86 degrees 09 minutes East, 60 feet to the place of
beginning.
HAVING thereon erected a One story brick dwelling house known as
2148 Yale Avenue.
BEING Tax Parcel Number 01-21-0271-608.
Premises: 2148 Yale Avenue, Camp Hill, Pennsylvania 17011.
BEING the same premises which
National Transfer Services, LLC, a Texas Limited Liability Company by deed dated August 19, 2008 and recorded
September 16, 2008 in Instrument Number 200831362, granted and conveyed unto Cynthia L. Yeiser.
TAX MAP PARCEL NUMBER: 01-21-0271-608