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HomeMy WebLinkAbout14-5240 For Prothonotary Use Only: S,uprem Co,urt pf pe nnsyIvan La. Bea Docket No. rland Coun.; The information collected on this form is used solely for.court administration purposes. This form does not supplement or replace thefiling and set-vice of leadin s or other papers as required by law or rules of court. T Commencement of Action: ®Complaint ❑ Writ of Summons ❑ Petition S ❑Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name:Bayview Loan Servicing,LLC,a Delaware Limited Lead Defendant's Name: Margaret K.Driver C Liability Company jI Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑within arbitration limits O (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: McCabe, Weisberg and Conway,P.C. I ❑ Check here if you have no attorney(a Self-Represented 1Pro Sed 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 I 1 ❑ 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 REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ®Ejectment ❑Common Law/Statutory Arbitration El Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment E ❑Ground Rent ❑Mandamus ❑Landlordfrenant Disput ❑Non-Domestic Relations ❑Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY g ❑Mortgage e Foreclosure:Commercial ❑Quo Warranto ❑Dental ❑Partition ❑Replevin ❑Legal ❑Quiet Title ❑Other: ❑Medical ❑Other: ❑Other Professional: Updated 1/1/2011 C— a McCABE,WEISBERG AND CONWAY,P.C. Attorneys-tnPlitif -� BY: TERRENCE J. McCABE, rT1 ESQUIRE-ID# 16496 rn F Q -a MARC S. WEISBERG,ESQUIRE-ID# 17616 =� EDWARD D. CONWAY,ESQUIRE -ID# 34687 _ �l C3J - 1C MARGARET GAIRO,ESQUIRE-ID# 34419 C-3 CHRISTINE L. GRAHAM,ESQUIRE-ID# 309480 _CD (r JOSEPH 1. FOLEY, ESQUIRE-ID#314675 v 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 Bayview Loan Servicing, LLC, a Delaware CUMBERLAND COUNTY Limited Liability Company COURT OF COMMON PLEAS V. Number: Margaret K.Driver and Occupants COMPLAINT IN EJECTMENT NOTICE AVISO You have been sued in court. If you wish to defend against the Le ban demandado a usted en la corte. Si usted quiere defenderse claims set forth in the following pages, you must take action de estas demandas ex-puestas en las paginas siguientes, usted within twenty (20) days after this complaint and notice are tiene veinte(20)dias de plazo al partir de la fecha de la demanda served, by entering a written appearance personally or by y la notificacion. Hace falta asentar una comparencia escrita o attorney and filing in writing with the court your defenses or en persona o con un abogado y entregar a la corte en fonna objections to the claims set forth against you. You are warned escrita sus defensas o sus objeciones a las demandas en contra de that if you fail to do so the case may proceed without you and a su persona. Sea avisado que si usted no se defiende, la corte judgment may be entered against you by the court without further tomara medidas y puede continuar la demanda en contra suya sin notice for any money claimed in the complaint or for any other previo aviso o notificacion. Ademas, la corte puede decidir a claim or relief requested by the plaintiff. You may lose money favor del demandante y requiere que usted cumpla con todas las or property or other rights important to you. provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LLEVE ESTA DEMANDA A UN ABOGADO LAWYER AT ONCE. IF YOU DO NOT HAVE A INMEDIATAMENTE. SI NO TIENE ABOGADO O LAWYER OR CANNOT AFFORD ONE,GO TO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR OR TELEPHONE THE OFFICE SET FORTH TAL SERVICO, VAYA EN PERSONA O LLAME BELOW TO FIND OUT WHERE YOU CAN GET POR TELEFONO A LA OFICINA CUYA HELP. DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Cumberland County Bar Association 32 South Bedford Street 32 South Bedford Street Carlisle,Pennsylvania 17013 Carlisle,Pennsylvania 17013 (800)990-9108 (800)990-9108 y #- 3Ions7 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 CHRISTINE L. GRAHAM,ESQUIRE-ID# 309480 JOSEPH I. FOLEY,ESQUIRE-ID#314675 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 Bayview Loan Servicing,LLC, a Delaware CUMBERLAND COUNTY Limited Liability Company COURT OF COMMON PLEAS 4425 Ponce de Leon Blvd. 5th Floor Coral Gables,Florida 33146 vs. Number: Margaret K. Driver and Occupants 833 Old Silver Spring Road Mechanicsburg, Pennsylvania 17055 COMPLAINT IN EJECTMENT 1. Plaintiff is the owner of the premises known as 833 Old Silver Spring Road, Mechanicsburg,Pennsylvania 17055, by virtue of a Sheriffs Deed executed and delivered to Plaintiff on the 14th day of March, 2014 and recorded in Cumberland County on the 6th day of May, 2014 as Instrument Number 201409318. The legal description of which is set forth in the Sheriffs Deed which is attached hereto as Exhibit "A." 2. Plaintiff acquired title by reason of a Sheriffs Sale conducted by the Sheriff of Cumberland County on March 12, 2014,by reason of Writ of Execution issued out of Cumberland County Court of Common Pleas,Number 5232 CV 2012 at the suit of MTG Finance,LLC vs Margaret K. Driver . 3. Defendants Margaret K.Driver and Occupants are in possession of the foregoing described premises without title, color of title, or benefit of a lease from Plaintiff. 4. Defendants are wrongfully and unlawfully in possession of the premises. 5. Defendants have no rights of possession to said premises. 6. By reason of the aforesaid Sheriff s sale,Plaintiff holds paramount title to the premises but Defendants continue to unlawfully and willfully retain possession and keep Plaintiff out of possession thereof and refuse to vacate and deliver up the said premises to Plaintiff. 7. No landlord tenant relationship exists between Plaintiff and Defendants, either written or oral, express or implied, and no such relationship was created as a result of the mortgage foreclosure. 8. Because there is no landlord tenant relationship-this is an action in ejectment,not eviction- there is no requirement to give Defendants a notice to quit or vacate the premises. Further,the commencement of an action in foreclosure culminating in a sheriffs sale, followed by the filing of a complaint in ejectment should have put Defendants on notice that Plaintiff intends to recover full interest,title, and possession of the premises. 9. Notwithstanding the aforesaid,Defendants have willfully remained in possession of Plaintiff's property and refuse, and still refuse to vacate the premises and continue to occupy the same. WHEREFORE,Plaintiff demands a judgment be entered in its favor for possession of the property. MCC ,7McCabe, ER. ONW Y,P.C. BY:Te ce Esquire [ ]Marc S. Weisberg,Esquire [ ]Edward D. Conway,Esquire [ ]Margaret Gairo,Esquire [ ] Christine L. Graham,Esquire [TJoseph I.Foley,Esquire VERIFICATION I, the undersigned, hereby verify that I am the attorney for the Plaintiff in this action, and that I am familiar with the matters set forth in the within action,that I am authorized to make this verification, and that the forgoing facts are true and correct to the best of my knowledge, information and belief, and further state that false statements herein are made subject to the penalties of 18 PA.C.S. § 4904 relating to unsworn falsifications to authorities. McCA ISB CONWAY,P.C. BY: [ ]T ence J.Mc e,Esquire [ ]Marc S. Weisberg,Esquire [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ] Christine L. Graham,Esquire p4 Joseph I.Foley,Esquire Bayview Loan Servicing,LLC,a Delaware Limited Liability Company v.Margaret K.Driver and Occupants 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. 0036KY Tax Parcel No 18-22-051.9-001.-U- P833 Know all Men by these Presents That.l, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of$ 1.00 (One Dollar)to me in hand paid, do hereby grant and convey Bayview Loan Servicing, LLC,a Delaware Limited Liability Company 2092-5232 Civil Term MTG Finance, LLC Vs Margaret K. Driver ALL THAT CERTAIN Unit in the property known,named and identified in the Declaration referenced to below as `Walnut Villas Condominium" located in the Borough of Mechanicsburg, County of Cumberland,Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act,68 PA.Cons. Stat.Ann. SS3101 et seq. (Purdon Supp. 1987),by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985, and recorded on August 14, 1985, in Miscellaneous Book Vol. 308,page 147, which Declaration of Condominium dated December 31, 1.985,and recorded on December 31. 1985, in the aforesaid office at Miscellaneous Book 313, page 133, and further amended by a second Amendment to Declaration of Condominium dated March 23, 1987 and recorded on March 27. 1987. in the aforesaid Office at Miscellaneous Book 331, page 933. and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded on June 12, 1987 in the aforesaid office at Miscellaneous Book 335, page 283, being and designated in such Declaration,as amended by such first:Amendment and. Second Amendment and Third Amendment as Unit No. 833 as more fully described ill such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the First Amendment and Second Amendment and Third Amendment and any further amendments thereto hereafter recorded in the aforesaid office. Being the same premises which Roy W. Driver and Alice M. Driver, husband and wife, by deed dated 5/12/1997 and recorded. 8/13/1997 in Cumberland County in deed book 162 and page 794, then granted and conveyed to Margaret K. Driver Parcel: 18 BEING KNOWN AS: 833 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055 PROPER'T'Y ID NO.: 18-22-0519-001-UP833 TITLE TO SAID PREMISES IS VESTED IN MARGARET K. DRIVER BY DEED FROM ROY W. DRIVER AND ALICE M. DRIVER, HUSBAND AND WIFE D TED,08 12/197 RECORDED 08/13/1997 IN DEED BOOK 162 PAGE 794 x I The same having been sold by me to the said grantee on the 12th day of March Anno Domini Two Thousand and.Fourteen (2014)after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 8 I of August Anno Domini 2013 out of the Court of Common Pleas of Cumberland County, Pennsylvania,as of Civil Term, Two Thousand and Twelve(2012) Number 5232 at the suit of MTG Finance, LLC—vs- Margaret K. Driver In Witness Whereof, I have hereunto affixed my signature this 14th day of March Anno Domini Two Thousand and Fourteen (2014) `Konny Anderson, ShOf eriff Commonwealth of Pennsylvania,ss. County of Cumberland Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 14th day of March Anno Domini Two Thousand and Fourteen (2014) .\' . Yom... ,t� �• / _ J Pr thonotary, ZNVZA t . PlaftWA OWAKWd Cowft ON*,FA MV COMM12ft EXP1M fae F1rd MMMq d JM.7018 I hereby certify that the residence And Post Office address of the Within Grantee is 4425 Ponce de Leon Blvd,5ch Floor Coral Gables,33146 Richard W. Stewart T Solicitor REV-183 EX(4-10) RECORDER'S USE ONLY REALTY TRANSFER TAX State Tax Paid pennsylvaniia _ 6EPANTMEN7 OF hEVENUE STATEMENT OF VALUE R Bweau of IsdlMnA Tares PO BOX 280603 L Harrisburg PA 17128-0603 See Reverse for Instructions Date Recorded r' Complete each section and file in duplicate with Recorder of Deeds when (1)the full value/consideration is not set forth 1n the deed, (2) the deed is without consideration or by gift, or (3) a tax exemption Is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on family relationship or public utility easement. If more space is needed,attach additional sheets. A. CORRESPONDENT—All in uiries may be directed to the fbHowin person: Name Telephone Number: UDREN LAW OFFICES,PC 856-669-5700 Street Address ity State ZIP Code I I I WOODCREST RD.,STE 200 HERBY HILI. J 8003 B. TRANSFER DATA Date of Acceptance of Document Grantor(s)/Lessor(s) [ayview tee(s)/Lessee(s) Loan Servicing,LLC,a Delaware Limited Liability Sheriff of Cmnberland Coun anStreet Address Address One Courthouse uare once deLeon Blvd.PFloor city State IP Code State ZIP Code Cazlisle A 17013-3387 Gables 1.. 314{ C. REAL ESTATE LOCATION Street Address ity,Township, Borough 833 Old Silver Spring Road Mechanicsburg County chool District ax Parcel Number Cumberland Mechanicsburg Area S.D. 8-22-0519-001-U-P833 D. VALUATION DATA 1.Actual Cash Consideration 2. Other Consideration 3.Total Consideration $5,000.00 0 -$5,000.00 4. County Assessed Value 5.Common Level Ratio Factor 5.Fair Market Value $ 111,400.00 X.97 B 108,058.00 E. EXEMPTION DATA—WAS TRANSACTION PART OF AN ASSIGNMENT OR RELOCATION? Z YEJ N 1a.Amount of Exemption Claimed lb. Percentage of Grantor's Interest In Real Estate lc. Percentage of Grantor's Interest Conveyed 100% 1000/0 11000/0 2.Check Appropriate Box Below for Exemption Claimed Will or intestate succession. ameecense e Number) ❑ Transfer to Industrial Development Agency. Of ❑ Transfer to a trust. (Attach complete copy of trust agreement Identifying all beneficiaries.) ❑ Transfer From a trust. Date of transfer Into the trust If trust was amended attach a copy of original and an-ended an—endedtrust. ❑ Transfer between principal and agent/straw party. (Attach complete copy of agency/straw party agreement.) ❑ Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or In lieu of condemnation. (If condemnation or In lieu of condemnation,attach copy of resolution.) lD Transfer from mortgagor to a holder of a mortgage in default. (Attach copy of Mortgage and note/Assignment.) ❑ Corrective or confirmatory deed. (Attach complete copy of the deed to be corrected or confirmed.) ❑ Statutory corporate consolidation, merger or division. (Attach copy of articles.) ® Other(Please explain exemption claimed, If other than listed above.) Transfer from.the Sheriff to the mortgagee as a result of an action in mortgage foreclosure. Under penalties o aw;I declare that Iawe examined t is statementtr Inc u—TTing accompanying information,-and to the best of my knowledge and.._bellef, It is}true, correct and complete FAILURE TO COMPL E THIS FOR PROPERLY OR ATTACH REQUESTED DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. r ' TAMMY SHEARER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE 'S CARLISLE, PA 17013 = 717-240-6370 Instrument Number-201409318 Recorded On 5/6/2014 At 12:05:06 PM *Total Pages-5 *Instrument Type-DEED-SHERIFF'S Invoice Number-160553 User ID -SW *Grantor-DRIVER,MARGARET K *Grantee-BAYVIEW LOAN SERVICING LLC *Customer- CUMBERLAND COUNTY SHERIFF *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $15.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $0.00 DISTRICT MECHANICSBURG BOROUGH $0.00 TOTAL PAID $68.00 I Certify this to be recorded in Cumberland County PA c "'es 0 a (S RECORDER OF DEEDS rrao -.Information denoted by an asterisk may change during the verification process and may not be reflected on this page. GOMKY 1111111111111111111111111 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 2014 SEP 23 All 111: 01 CUMBERLAND" PENNSLVALUUI/ ' r of Clutot,1 ()F,Fi a OF THL ..ERIFF Bayview Loan Servicing, LLC vs. Margaret K. Driver Case Number 2014-5240 SHERIFF'S RETURN OF SERVICE 09/19/2014 08:14 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint in Ejectment by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Margaret K. Driver at 833 Old Silver Spring Road, Mechanicsburg Borough, Mechanicsburg, PA 17055. . Vat DAWN KELL, DEPUTY 09/22/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Ejectment as "Not Served" at 833 Old Silver Spring Road, Mechanicsburg Borough, Mechanicsburg, PA 17055. There were no occupants other than the defendant. SHERIFF COST: $55.30 SO ANSWERS, September 22, 2014 RONNIY R ANDERSON, SHERIFF (c) CountySuito Sheriff, Teleosoft, Inc, 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 JOSEPH I. FOLEY, ESQUIRE - ID #314675 123 South Broad Street, Suite .1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bayview Loan Servicing, LLC, a Delaware Limited Liability Company v. Margaret K. Driver and Occupants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5240 Civil PRAECIPE TO THE PROTHONOTARY: Kindly enter judgment for possession against the Defendant Margaret K. Driver in the above -captioned matter for failure to answer Complaint in twenty days as required by Pennsylvania Rules of Civil Procedure. Premises: 833 Old Silver Spring Road, Mechanicsburg, Pennsylvania 17055 M BY: BERG & C WAY, P.0 [ ] Terre e J. McCabe, Esquire [ , arc S. Weisberg, Esquire [ ] Ed and D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Christine L. Graham, Esquire [, ] Joseph I. Foley, Esquire r -n, - CD A ...*4 CD 416,50 pi) A'ti-1 aa -714 030697/ i\ichce 1 -►-La led OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Curt Long Prothonotary Margaret K. Driver 833 Old Silver Spring Road Mechanicsburg, Pennsylvania 17055 Bayview Loan Servicing, LLC, a Delaware Limited Liability Company v. Margaret K. Driver and Occupants CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5240 Civil NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Judgment by Default Money Judgment Judgment in Replevin X Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg & Conway, P.C. at (215) 790-1010. Department of Defense Manpower Data Center Status Report Pursuant to Servieemembets Civil ReliefAct Last Name: DRIVER First Name: MARGARET Middle Name: Active Duty Status As Of: Oct -21-2014 Results as of: Oct -21-2014 08:45:37 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,(k -'4, ' ..- '.^...- hicN NA This response reflects the Individuals' active duty staluS based on'the Active Dutir Status Date \r; Left Active Duty Within 367 DaYs of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA I -7, -') NA %...7`4-7,--iii-s` '', -'1. •-, -4 "- N ---O7? V.:-.- 1 NA This response reflects where the indmdual left active dUty status within 367 -days preceding the Active Duty Status Date r7, !V p The Member or HisfHer Unit Was Notified of a Future Cail-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA ‘', NA A,..';':‘- - ' -2:t 1140"/ = 1 NA This response reflects whether theindPvidul or Figlifei unit has reCiihrt4Parly notrfMathMio Mrport for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, bpsed 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. iY)14 Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 44117144.0* 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 Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: 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 (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: IE07A38BWO3BU30 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 JOSEPH I. FOLEY, ESQUIRE - ID #314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bayview Loan Servicing, LLC, a Delaware Limited Liability Company v. Margaret K. Driver and Occupants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5240 Civil CERTIFICATION The undersigned attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail letters notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letters in accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit SWORN AND SUBSCRIBED BEFORE ME THIS ZZ DAY OF (96 , 2014 t 4 NOTARtP4BLIC COMMONWEALTH OF PENNSYI.VAN NOTARIAL SEAL kimbariy Lynn McCloskey, Notary Public City of Philadelphia, Phila. County Commission Expires September 7, 2016: McCA , ` EISBE ' G &CONWAY, PlC. BY: [ ] Terrenc = . McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Christine L. Graham, Esquire ] Marc S. Weisberg, Esquire argaret Gairo, Esquire Joseph I. Foley, Esquire OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary October 10, 2014 Margaret K. Driver 833 Old Silver Spring Road Mecha-nicsburg, Pennsylvania 17055 Bayview Loan Servicing, LLC, a Delaware Limited Liability Company v. Margaret K. Driver and Occupants CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5240 Civil NOTICE, RULE 237.5 NOTICE OF 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 Riowrs. 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 MAYBE 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 NOTIFICACION 1MPORTANTE 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 DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SF.NTENCI A EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS 1MPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO, ESTA OFICINA LO PUEDE PROPORCIONAR CON 1NFORMACION ACERCA DE EMPLEAR A UN ABOGADO, SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC ION ACERCA DE LAS AOENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINON HONORARIO, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 NWAY/ P• C. BY: [ 1 Tcr c9 J. McCabe, ] E Ward D. Conway, Esquire [ ] Christine L. Graham, Esquire arc S. Weisberg, Esquire [ ] Margaret Gairo, Esquire 1,14,,I04eph 1 Foley, 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 JOSEPH I. FOLEY, ESQUIRE - ID #314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bayview Loan Servicing, LLC, a Delaware Limited Liability Company v. Margaret K. Driver and Occupants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5240 Civil AFFIDAVIT OF LAST -KNOWN ADDRESS OF DEFENDANTs I, the undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby deposes and says that to the best of my information, knowledge and belief, the last -known address of the Defendants are as follows: Margaret K. Driver 833 Old Silver Spring Road, Mechanicsburg, Pennsylvania 17055 SWORN AND SUBSCRIBED BEFOREOcA4LQ-, ME THIS 22 DAY OF, 2014 CJMMO CALTI4 $w `._sw N NOTARIAL SEAL Kimberly Lynn McCloskey, Notary Public City of Philadelphia, Phila. County Commission Expires Se,tember 7, 2016 McC :E,WEISBE'G& BY: [ ] Terrenc McCabe, Esquire _-]-Marc S. Weisberg, Esquire [ ] Edw. d D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Christine L. Graham, Esquire [.:;Joseph I. Foley, Esquire • VERIFICATION The undersigned, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. Y, P.C. [ ] Terre J. McCabe, Esquire [ ] Marc S. Weisberg, Esquire [ ] Ed and D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Christine L. Graham, Esquire [Joseph I. Foley, 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 JOSEPH I. FOLEY, ESQUIRE - ID #314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bayview Loan Servicing, LLC, a Delaware Limited Liability Company v. Margaret K. Driver and Occupants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5240 Civil PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue Writ of Possession in the above -captioned matter. 833 Old Silver Spring Road, Mechanicsburg, Pennsylvania 17055 A140. b5 - Po ATT'/ a.asD Co e;t A1 alDLI 2e LOri4o-Q A esstoi\-. oecj BY: CD -71 [ ] Terrenc(- - cCabe, Esquire [ ]Sr ._Weisberg, Esquire [ ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Christine L. Graham, Esquire [, ] Joseph I. Foley, Esquire (A1)\S Tax Parcel No 18-22-0519-001.-U- PR33 Know all Men by these Presents That 1, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $ 1.00 (One Dollar) to me in hand paid, do hereby grant and convey Bayview Loan Servicing, LLC, a Delaware Limited Liability Company 2012-5232 Civil Term MTG Finance, LLC Vs Margaret K. Driver ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration referenced to below as `Walnut Villas Condominium" located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 PA,Cons. Stat.Ann. SS3101 et seq. (Purdon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985, and recorded on August 14, 1985, in Miscellaneous Book Vol. 308, page 147, which Declaration of Condominium dated December 31, 1985, and recorded on December 31. 1985, in the aforesaid office at Miscellaneous Book 313, page 133, and further amended by a second Amendment to Declaration of Condominium dated March 23, 1987 and recorded on March 27. 1987. in the aforesaid Office at Miscellaneous Book 331, page 933. and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded on June 12, 1987 in the aforesaid ogee at Miscellaneous Book 335, page 283, being and designated in such Declaration, as amended by such first Amendment and Second. Amendment and Third Amendment as Unit No. 833 as more fully described in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the First Amendment and Second Amendment and Third Amendment and any further amendments thereto hereafter recorded in the aforesaid office. Being the same premises which Roy W. Driver and Alice M. Driver, husband and wife, by deed dated 5/12/1997 and recorded 8/13/1997 in Cumberland County in deed book 162 and page 794, then granted and conveyed to Margaret K. Driver Parcel: 18 BEING KNOWN AS: 833 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055 PROPERTY IL) NO.: 18-22-0519-001-UP833 TITLE TO SAID PREMISES IS VESTED IN MARGARET K. DRIVER BY DEED FROM ROY W. DRIVER AND ALICE M. DRIVER, HUSBAND AND WIFE D TEE 08 2/1917 X A RECORDED 08/13/1997 IN DEED BOOK 162 PAGE 7941" j ' lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAYVIEW LOAN SERVICING, LLC, a Delaware Limited Liability Company VS. No. 14-5240 Civil Term MARGARET K. DRIVER Costs Attorney's $ 26.05 Plaintiff's $ Prothonotary $ 2.25 DUE CO COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) BAYVIEW LOAN SERVICING, LLC, a Delaware Limited Liability Company being: (Premises as follows): 833 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Date ,10/27/14 '(Seal) David D. Buell, Prothonotary, Common Pleas Court of Cumberland County, PA 2 of 2 No 14-5240 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAYVIEW LOAN SERVICING, LLC, a Delaware Limited Liability Company VS. MARGARET K. DRIVER WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 216.05 P1ff (s) $ Prothy $ 2.25 Sheriff $ Plaintiff (s) attorney name and address: JOSEPH I. FOLEY, ESQUIRE - ID #314675 McCABE, WEISBERG AND CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 1400 PHILADELPHIA, PA 19109 215-790-1010 By virtue of this writ, on the Attorney for Plaintiff (s) Where papers may be served day of , . I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of So Answers, Sheriff By Prothonotary Deputy Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND �~������ ����"�"��~�"^~�^�"��� COUNTY " F!Lc`'OFF|C� UF THE PROTHONO TAR 78|1W0V17 8M IT014 CUMBERLAND UNTy PENNSYLVANIA OPTIC:7: OF THE Bayview Loan Servicing, LLC vs. Margaret K. Driver Case Number 2014-5240 SHERIFF'S RETURN OF SERVICE 11/14/2014 08:16 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on November 14, 2014 at 2016 hours a true copy of the within writ of possession was attempted to be served upon the defendant, to wit: Margaret K. Driver, of 833 Old Silver Spring Road, Mechanicsburg, Cumberland County. Pennsylvania 17050. The property was found to be vacant. Therefore, the within Writ of Possession is being returned with no service as the defendant, Occupant was NOT FOUND. NOTE; Deputy spoke with a neighbor who stated that the defendant had moved out and the property was SHERIFF COST: $46.55 SO ANSWERS, November 17, 2014 RON R ANDERSON, SHERIFF (c) CournySuite Sheriff, Teieosoft, inc. McCABE,WEISBERG & CONWAY, P.C. Attorney 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 CHRISTINE L. GRAHAM,ESQUIRE-ID# 309480 JOSEPH I. FOLEY, ESQUIRE-ID#314675 123 South Broad Street, Suite 1400 rn cn Philadelphia,Pennsylvania 19109 (215) 790-1010 u'r N ' (1-) r. t Bayview Loan Servicing,LLC, a Delaware Cumberland County z c > Limited Liability Company Court of Common Pleas c— N c_. Plaintiff r1 vs. Margaret K.Driver and Occupants Number 14-5240 Civil Defendants MOTION TO ALLOW SERVICE ON THE DEFENDANT(S) BY POSTING PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1 Plaintiff attempted to serve a true and correct copy of the Writ of Possession upon the Defendants, Margaret K. Driver and Occupants, at the premises involved in the herein Ejectment Action known as 833 Old Silver Spring Road, Mechanicsburg, Pennsylvania 17055. However, Cumberland County Sheriff's Office advised that they were unable to complete service upon the defendants. Copies of Cumberland County Sheriff's Office Returns indicating the same are attached hereto and marked as Exhibit"A". 2 Plaintiff acquired title by reason of a Sheriffs Sale conducted by the Sheriff of Cumberland County on March 12, 2014, by reason of Writ of Execution issued out of the Cumberland County Court of Common Pleas,Number 2012-5232 at the suit of MTG Finance,LLC v. Margaret K. Driver. 3 Plaintiff conducted an investigation into White Pages/Directory Assistance and found that there was a current listing for the Defendant at the property. A copy of Affidavit of Good Faith Investigation is attached hereto made a part hereof and marked as Exhibit "B". 4 Plaintiff made an inquiry into 411 Online /Directory Assistance for the Ejectment premises and found that there was a current listing for the Defendant at the property. A copy of Affidavit of Good Faith Investigation is attached hereto made a part hereof and marked as Exhibit"B". 5 Plaintiff made an inquiry into Lexis.com and found that there was a current listing for the Defendant at the property. A copy of Affidavit of Good Faith Investigation is attached hereto made a part hereof and marked as Exhibit "B". 6 Further,Plaintiff had a real estate broker check the ejectment premises for occupancy. Plaintiff was advised that the property is still occupied. 7 If service cannot be made on the Defendants,the Plaintiff will be prejudiced. WHEREFORE,Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Complaint in Ejectment and all other subsequent pleadings upon the Defendants,Margaret K.Driver and Occupants by regular mail and certified mail and by posting by the Sheriff of Cumberland County at the premises involved in the herein Ejectment Action known as 833 Old Silver Spring Road, Mechanicsburg, Pennsylvania 17055. McCABE,WEISBERG& CONWAY,P.C. [ ]Terr nce J.McCabe,Esquire [ ]Mar .Weisberg,Esquire [ ]Edward D. Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Christine L. Graham,Esquire ]Joseph I.Foley,Esquire 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 CHRISTINE L. GRAHAM, ESQUIRE-ID#309480 JOSEPH I. FOLEY, ESQUIRE-ID#314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215)790-1010 Bayview Loan Servicing,LLC, a Delaware Cumberland County Limited Liability Company Court of Common Pleas Plaintiff vs. Margaret K. Driver and Occupants Number 14-5240 Civil Defendants MEMORANDUM OF LAW If a resident Defendants 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. McC , BERG NWA ,P.C. BY: [ ] Terren e J.McCabe,Esquire [ c .Weisberg,Esquire [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Christine L.Graham,Esquire (V]Joseph I.Foley,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 jurisdiction and not available to sign this verification at this time,and 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. McCAB , EISB G Y,P.C. BY: [ ] Terrence .McCabe,Esquire [ ]Marc S.Weisberg,Esquire [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Christine L.Graham,Esquire [']Joseph I.Foley,Esquire Bayview Loan Servicing, LLC, a Delaware Limited Liability Company vs. Margaret K. Driver and Occupants EXHIBIT "A" • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �[ €J Jody S Smith L tit �6rr{ a Chief Deputy .' Richard W Stewart Solicitor OFFICE OF THE SHERIFF. Bayview Loan Servicing, LLC vs. Case Number Margaret K. Driver 2014-5240 SHERIFF'S RETURN OF SERVICE 11/14/2014 08:16 PM-Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on November 14, 2014 at 2016 hours a true copy of the within writ of possession was attempted to be served upon the defendant, to wit: Margaret K. Driver, of 833 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. The property was found to be vacant. Therefore, the within Writ of Possession is being returned with no service as the defendant, Occupant was NOT FOUND. NOTE; Deputy spoke with a neighbor who stated that the defendant had moved out and the property was vacant. SHERIFF COST: $46.55 SO ANSWERS, November 17, 2014 RONNN ANDERSON, SHERIFF c)CouhfvSu:e Sheriff,'f'eleosoft,Uc. EXHIBIT `B " 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 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 JOSEPH I.FOLEY,ESQUIRE-ID#314675 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bayview Loan Servicing,LLC,a Delaware Cumberland County Limited Liability Company Court of Common Pleas Plaintiff vs. Margaret K. Driver and Occupants Number 14-5240 Civil Defendants AFFIDAVIT OF GOOD FAITH INVESTIGATION 1. I,the undersigned,being the attorney for the Plaintiff,do hereby swear and affirm that we conducted an investigation into the White Pages/Directory Assistance and found that there was a current listing for the Defendant, Margaret K. Driver, at the property involved in said action known as 833 Old Silver Spring Road, Mechanicsburg,Pennsylvania 17055. Copy of said documentation is attached. 2. Plaintiff made an inquiry into 411 Online /Directory Assistance for the Ejectment premises and found that there was a current listing for the Defendant at the property. Copy of said documentation is attached. 3. Plaintiff made an inquiry into Lexis.com and found that there was a current listing for the Defendant at the property. Copy of said documentation is attached.. 4. Further,Plaintiff had a real estate broker check the ejectment premises for occupancy. Plaintiff was advised that the property is still occupied. I have made a diligent inquiry and effort to identify and serve the Defendants and Occupant(s)at the property. However, I have been unable to serve them at the property and I am convinced that they cannot be served by personal service at the location of the said property and that a Court Order for special service is required. Mc ,WEISBER I & AY,P. BY: [ ] Terrenc- McCabe,Esquire [ ]Marc S. eisberg,Esquire [ ]Ed .rd D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Christine L.Graham,Esquire r\]/Joseph I.Foley,Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS 20th DAY OF NOYEMB > 014. 1 /i NO ARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KELLIE KELLER,Notary Public City of Philadelphia,Phila.County My Commission Expires February 7,2018 Free people search and contact details for Margaret K Driver I Whitepages Page 1 of 1 Advertisement:Try Equifax CompleteTM—Siqn up now to see your credit scores. Margaret K Driver Age: 60-64 end them flowers t-Boo- verso.corn Address 833 Old Silver Spring RdMechanicsburg,PA 17055-2844 Previous locations Mechanicsburg,PA ©2014 Whitepages Inc.Site Map Print this page http://www.whitepages.com/name/Margaret-K-Driver/Mechanicsburg-PA/5g9sn53 11/20/2014 Free People Search I 411.com Page 1 of 1 411.com JuAn Advertisement.Try Equifax CompleteTM—Sign up now to see your credit scores. Or search: • Last name only Margaret K Driver 833 Old Silver Spring Rd Mechanicsburg, PA 17055-2844 Age:60-64 C her voice. http://www.411.com/name/Margaret-K-Driver/Mechanicsburg-PA/5g9sn53 11/20/2014 Public Records - Search Results Page 1 of 2 View: Results List I Full 1 - 1 of 1 81m Find Search: Public Records > Locate a Person (Nationwide) 113 > Search Results Terms: ssn( ) state(ALL) radius(3O) ( Edit Search I New Search ) c Select for Delivery or View Checked ❑ Full Name Address Phone SSN No. View Source Click for Additional Searches Phone Search SSN Search Documents ❑ 1. DRIVER, MARGARET 833 OLD SILVER SPRING RD 717-691-0617 DRIVER, MARGARET K MECHANICSBURG, PA 17055- 1 `Phone may be (PA:1970- DRIVER, disconnected 1972) MARGARET KAY 2844 DRIVER, PEGGY CUtitFiFittAND COUNTY v LexID(sm): (Gender: Female) (09/1987-Current) 000683744074 (DOB: 10/1953) 833 OLD SILVER (Age: 61) SPRINGS, PA 15562 (DOB: 01/1953) SOMERSET COUNTY" (Age: 61) (08/1999-04/2006) 2 HEMLOCK CIR 717-691-0617 MECHANICSBURG, PA 17055- I Phone may be 4709 disconnected rtlMPF IANri COI(Ain (08/1978-01/2003) 833 DIDSILERSERING RD MECHANICSBURG, PA 17055 �:l IM F Ci ANI'i WTI,' (08/1997-08/1997) 9 9 71 717-691-0617 MECHANICSBURG, PA 17055 I "Phone may be i I It4FSF&Tf ANfi CLIC trent' disconnected (07/1989-07/1989) 6 17TH APT 71 717-691-0617 MECHANICSBURG, PA 17055 I Phone may be C IIMRFRCi Aim cot fFtTY disconnected (10/1987-10/1987) 6 17TH 71 691-0617 MECHANICSBURG, PA 17055 CUMBERIANn COt_it4f Key A High Risk Indicator. These symbols may prompt you to investigate further. 1 Moderate Risk Irtdiccator, These symbols may prompt you to investigate further. F General Information Indicator. These symbols inform you that additional information is provided. vi The most recent telephone listing as reported by the EDA source. Search: Public Records > Locate a Person (Nationwide) > Search Results Terms: ssn( ) state(ALL) radius(3O) ( Edit Search I New Search ) Date/Time: Thursday, November 20, 2014 11:22 AM Your DPPA Permissible Use: Liticiation https://r3.lexis.com/lexisprma/Results.aspx?setId=d8c7cff6-ee99-4455-b4eb-b04551b68a5c 11/20/2014 11/20/2014 From: bob@teamreo.com To: Nicole Ford Sent: 11/18/2014 3:03PM Subject: RE: Request for Occupancy Check re: 833 Old Silver Spring Road, Mechanicsburg, Pa 17055 The lady is between places and claims she is still there but disabled and need s help moving here items we need to keep going to lock out date From: Nicole Ford [mailto:NFord@mwc-law.com] Sent: Tuesday, November 18, 2014 3:02 PM To: Bob Hoobler Subject: Request for Occupancy Check re: 833 Old Silver Spring Road, Mechanicsburg, Pa 17055 Good Afternoon Robert, Please conduct an Occupancy Check for the above property. The Sheriff has stated that the above listed property is vacant. Please confirm if the utilities are still on, and if the property is still being occupied. If the premise is vacant, please confirm if there is any personal property left. If only personal property remains, please provide an estimated garage sale value. Kindly forward the results to me within three days. Thank you in advance for your assistance. Nicole Ford McCabe, Weisberg & Conway, P.C. Suite 1400 123 South Broad Street Philadelphia, PA 19109 NFord@mwc-law.com Main: (215) 790-1010 Direct: (215) 790-5745 Fax: (855) 428-1088 Serving PA, NJ, NY, VA, MD, DC and DE Page 1 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 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 JOSEPH I.FOLEY,ESQUIRE-ID#314675 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bayview Loan Servicing,LLC, a Delaware Cumberland County Limited Liability Company Court of Common Pleas Plaintiff vs. Margaret K. Driver and Occupants Number 14-5240 Civil Defendants CERTIFICATION OF SERVICE I,the undersigned,Attorney for the Plaintiff,hereby certify that I served a true and correct copy of the foregoing Petition to Allow Service on the Defendants by Posting Pursuant to Pa.R.C.P.430,by United States Mail, first class,postage prepaid, on the 20th day of November,2014 upon the following: Margaret K.Driver and Occupants 833 Old Silver Spring Road,Mechanicsburg,Pennsylvania 17055 MICA ,W BERG AY,P.C. BY: [ ]Terre e J.McCabe,Esquire [ ]Marc S.Weisberg,Esquire [ ]Edward D. Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Christine L.Graham,Esquire V^]Joseph I.Foley,Esquire i" :I_E.i.-t.)F FIC'L THE Pf'DTHONO AR , 2014 DEC - I All 9: 4 0 CUMBERLAND COUN t iI PENNSYLVANIA BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, Plaintiff v. MARGARET K. DRIVER and OCCUPANTS, Defendants &Otpi p of itumbtrI nb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2014-5240 CIVIL ACTION IN RE: MOTION TO ALLOW SERVICE ON THE DEFENDANTS BY POSTING PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 ORDER OF COURT AND NOW, this 26th day of November 2014, upon consideration of the Motion to Allow Service on the Defendants by Posting Pursuant to PA Rule of Civil Procedure 430, Plaintiff is granted leave to serve the Complaint in Ejectment and all other subsequent pleadings upon the Defendants by regular and certified mail, as well as by posting at the premises located at 833 Old Silver Spring Road, Mechanicsburg, PA 17055 Thomas A. Placey Dis 'ibution: a ---"Joseph I. Foley, Esq. Margaret K. Driver 0,,FY a/0y C.P.J. 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 JOSEPH I. FOLEY, ESQUIRE - ID #314675 123 South Broad Street, Suite 1400' Philadelphia, Pennsylvania 19109 (215) 790-1010 Bayview Loan Servicing, LLC, a Delaware Limited Liability Compamy v. Margaret K. Driver and Occupants CUMBERLAND COUNTY Attorneys for Plaintiff COURT OF COMMON PLEAS Number 14-5240 Civil PRAECIPE TO REISSUE WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly re -issue Writ of Possession in the above -captioned matter. Premises: 833 Old Silver Spring Road, Mechanicsburg, Pennsylvania 17055 McCABE, WEISBERG & CONWAY, P.C. [ ] Terrence J. McCabe, Esqu' [ 'Edward D. Conway, Esquire V] Christine L. Graham, Esquire [ ] Marc S. Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Joseph I. Foley, Esquire G4 -k Q 1‘.1spe1 ak+y Ct. 2 i2s:0oos� 2* 31(4ysa 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. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE P RO i H did Ti OFfiCE (F THE S'k,RIFF 21311i DEC 1 7 • PM Li: 05 CUMBERLAND COUNTY PENNSYLVANIA Bayview Loan Servicing, LLC vs. Margaret K. Driver Case Number 2014-5240 SHERIFF'S RETURN OF SERVICE 12/17/2014 07:50 PM - Deputy Jason Kinsler, being duly sworn according to law, posted one true and attested copy of the within Writ of Possession upon Real Estate located at 833 Old Silver Spring Road, Mechanicsburg Borough, Mechanicsburg, PA 17055 with Sheriffs notice indicating possession to be delivered to the plaintiff. POSTED PURSUANT TO COURT ORDER. ,62 J ON KINSLER, DEPUTY SHERIFF COST: $63.85 SO ANSWERS, December 17, 2014 (c) CountySuito Sheriff, Teleosoff, Inc. RONR ANDERSON, SHERIFF t, Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY (WE ICE QF TME $MERIFF 2Ul5Ail !6 PH 2:y! CUMBERLAND COUNTY PENNSYLVANIA Bayview Loan Servicing, LLC vs. Margaret K. Driver Case Number 2014-5240 SHERIFF'S RETURN OF SERVICE 11/14/2014 08:16 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on November 14, 2014 at 2016 hours a true copy of the within writ of possession was attempted to be served upon the defendant, to wit: Margaret K. Driver, of 833 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. The property was found to be vacant. Therefore, the within Writ of Possession is being returned with no service as the defendant, Occupant was NOT FOUND. NOTE; Deputy spoke with a neighbor who stated that the defendant had moved out and the property was vacant. 12/17/2014 07:50 PM - Deputy Jason Kinsler, being duly sworn according to law, posted one true and attested copy of the within Writ of Possession upon Real Estate located at 833 Old Silver Spring Road, Mechanicsburg Borough, Mechanicsburg, PA 17055 with Sheriffs notice indicating possession to be delivered to the plaintiff. POSTED PURSUANT TO COURT ORDER. 01/15/2015 By virtue of this writ, Sheriff Ronny R. Anderson caused the within named Plaintiff to have possession of the premises described as 833 Old Silver Spring Road, Mechanicsburg, PA 17055. SHERIFF COST: $107.95 SO ANSWERS, January 16, 2015 RONINY R ANDERSON, SHERIFF (c) CountySuite Sherif(, Teleosoft, Inc. z W9 Mi 3/- 4..2j 1of2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAYVIEW LOAN SERVICING, LLC, a Delaware Limited Liability Company VS. No. 14-5240 Civil Term MARGARET K. DRIVER Costs Attorney's $ 21(0.05 Plaintiff's $ Prothonotary $ 2.25 DUE CO COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) BAYVIEW LOAN SERVICING, LLC, a Delaware Limited Liability Company being:. (Premises as follows): 833 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Date 10/27/14 (Seal) —Dat,,e:GCb :DI4d/L- David D. Buell, Prothonotary, Common Pleas Court of Cumberland County, PA TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and the seal of said Court at Carlisle,, Paa This . da of 1 (cktx. 4. . Prothonotary 2 of 2 No 14-5240 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAYVIEW LOAN SERVICING, LLC, a Delaware Limited Liability Company VS. MARGARET K. DRIVER WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 216.05 Plff (s) $ Prothy $ 2.25 Sheriff $ Plaintiff (s) attorney name and address: JOSEPH I. FOLEY, ESQUIRE - ID #314675 McCABE, WEISBERG AND CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 1400 PHILADELPHIA, PA 19109 215-790-1010 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of , . I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of So Answers, Sheriff By Prothonotary Deputy loolt Tax Parcel No 18-22-0619-001-U- P833 Know all Men by these Presents That 1, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the stun of $ 1.00 (One Dollar) to me in hand paid, do hereby grant and convey Bayview Loan Servicing, LLC, a Delaware Limited Liability Company 2012-5232 Civil Term MTG Finance, LLC Vs Margaret K. Driver ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration referenced to below as `Walnut Villas Condominium" located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 PA,Cons. Stat.Ann. SS3101 et seq. (Purdon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985, and recorded on August 14, 1985, in Miscellaneous Book Vol. 308, page 147, which Declaration of Condominium dated December 31, 1985, and recorded on December 31. 1985, in the aforesaid office at Miscellaneous Book 313, page 133, and further amended by a second Amendment to Declaration of Condominium dated March 23, 1987 and recorded on March 27. 1987. in the aforesaid Office at Miscellaneous Book 331, page 933. and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded on June 12, 1987 in the aforesaid office at Miscellaneous Book 335, page 283, being and designated in such Declaration, as amended by such first Amendment and Second. Amendment and Third Amendment as Unit No. 833 as more fully described in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the First Amendment and Second Amendment and Third Amendment and any further amendments thereto hereafter recorded in the aforesaid office. Being the same premises which Roy W. Driver and Alice M. Driver, husband and wife, by deed dated 5/12/1997 and recorded 8/13/1997 in Cumberland County in deed book 162 and page 794, then granted and conveyed to Margaret K. Driver Parcel: 18 BEING KNOWN AS: 833 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055 PROPERTY ID NO.: 18-22-0519-001-UP833 TITLE TO SAID PREMISES IS VESTED IN MARGARET K. DRIVER BY DEED FROM ROY W. DRIVER AND ALICE M. DRIVER, HUSBAND AND WIFE D TED 08 I2/19 7 RECORDED 08/13/1997 TN DEED BOOK 162 PAGE 794 X it A