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HomeMy WebLinkAbout14-5338 For Prothonotary Use Only: 5,upr.em e Go ur . of PennsyIvania .. _ �C o U rt- . lo,, n Plea s diilfl-c-V E A" - t PE Docket No. _Q-Uj Arland Con tyr The information collected on this form is used solely far court administration purposes. This form does not supplement or replace the film and set-vice of aleadin s or other papers as required by lath or rules of court. Commencement of Action: S ®Complaint ❑ Writ of Summons ❑ Petition E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name:LSF8 Master Participation Trust Lead Defendant's Name:Lynda K.Tomkinson T I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑within arbitration limits 0 (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? to Yes ® No A Name of Plaintiff/Appellant's Attorney: McCabe, Weisberg&Conway, P.C. O Check here if you have no attorney(a Self-Represented jPro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑Board of Assessment ❑ Motor vehicle ❑Debt Collection: Other ❑ Board of Elections ❑Nuisance ❑ Department of Transportation ❑ Prcmises Liability(does not include O Statutory Appeal: Other S mass tort) E ❑Slander/Libel/Defamation ❑Employment Dispute: ❑Other: Discrimination C ❑ Employment Dispute: Other ❑Zoning Board T ❑Other I O Cl Other N MASS TORT ❑Asbestos ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tori-Implant REAL PROPERTY MISCELLANEOUS B ❑`i` her Waste ❑Ejectment ❑Common Law/Statutory Arbitration ❑Otther. Judgment ❑ Eminent Domain/Condemnation ❑ Declaratory ❑Ground Rent ❑Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domcstic Relations 0 Mortgage Foreclosure:Residential Restraining Order Quo Warranto PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Q ❑Dental ❑ Partition ❑ Replevin ❑ Legal ❑Quiet Title ❑Other: ❑Medical ❑Other: ❑Other Professional: Updated 1/1/2011 ti 10 P ND McCABE,WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE, ESQUIRE -ID# 16496 MARC S.WEISBERG,ESQUIRE -ID# 17616 EDWARD D. CONWAY, ESQUIRE -ID# 34687 MARGARET GAIRO, ESQUIRE -ID#34419 ANDREW L. MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK, ESQUIRE -ID# 74770 MARISA J. COHEN, ESQUIRE-ID# 87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE -ID#310321 ANN E. SWARTZ,ESQUIRE -ID#201926 JOSEPH F.RIGA, ESQUIRE -ID# 57716 JOSEPH I.FOLEY,ESQUIRE -ID# 314675 CELINE P. DERKRIKORIAN, ESQUIRE-ID# 313673 JENNIFER L. WUNDER, ESQUIRE -ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 CAROL A. DiPRINZIO,ESQUIRE -ID#316094 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 LSF8 Master Participation Trust Cumberland County 13801 Wireless Way Court of Common Pleas , Oklahoma City, OK 73134-2500 S `3 clvi/ Number l�. V. Lynda K. Tomkinson 1683 Green Mill Road Finksburg, MD 21048 COMPLAINT IN MORTGAGE FORECLOSURE C's 11094b File#66720 Page l 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 ypuede 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 a 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 1NMEDIATAMENTE. 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 Carlisle, PA 17013 HONORARIO REDUCIDO (800) 990-9108 NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 File#66720 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: LSF8 Master Participation Trust v.Lynda K.Tomkinson Cumberland County File#66720 Page 3 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is LSF8 Master Participation Trust. 2. The Defendant is Lynda K.Tomkinson,who is a mortgagor and real owner of the mortgaged property hereinafter described,whose last-known address is 1683 Green Mill Road,Finksburg,MD 21048. 3. On September 20,2006, Lynda K.Tomkinson and Ricky D.Tomkinson,mortgagors,made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, inc., as nominee for Decision one Mortgage Company, LLC which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1967, Page 0399 (the "Mortgage"), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa.R. C. P. 4. On September 20, 2006, Lynda K. Tomkinson, also executed an Adjustable Rate 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. On January 16, 2012, the Mortgage was assigned by Mortgage Electronic Registration Systems,Inc.,as nominee for Decision One Mortgage Company,LLC to HSBC Mortgage Services,Inc.,by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument Number 201201473,such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa. R. C. P. 6. On January 24,2014,the Mortgage was assigned by HSBC Mortgage Services,Inc.to LSF8 Master Participation Trust, Plaintiff herein, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument Number 201402349, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa. R. C. P. 7. On August 16, 2013, Ricky D. Tomkinson departed this life leaving title vested solely in Lynda K. Tomkinson by operation of law. File#66720 Page 4 8. The premises subject to said mortgage is described in the legal description attached as Exhibit "A"and is known as 2010 Lennox Street,Camp Hill,Pennsylvania 17011. 9. The mortgage is in default because monthly payments of principal and interest upon said mortgage due August 1, 2011 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. 10. The following amounts are due on the mortgage: Principal Balance $ 148,687.36' Interest through June 18,2014 $ 49,001.69 (Interest due and owing at 7.9400%,currently$32.79 per diem) Attorney's Fee $ 1,650.00.. Escrow Advance $ 1,190.00 Insurance Balance $ 1,098.00 - Tax Balance $ 9,287 71 Property Inspections $ 181.50 Appraisals/BPO $ 425.00 Property Preservations $ 3040.00 GRAND TOTAL $ 214,561.26 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 11. Plaintiff complied with all notice requirements as prescribed by 41 P.S. §101, et seq. (Act 6),and 35 P.S. 1680.401c, et seq. (Act 91),as applicable. File#66720 Page 5 WHEREFORE,Plaintiff demands in rem Judgment against the Defendant in the sum of$214,561.26, together with interest due and owing at a variable rate, currently $32.79 per diem, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. MCCAB WEISBERG O AY,P.C. BY: [ ]Terrence J.McCabe, squire [ arc 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 [ ]Josep . ley,Esquire [ ] Celine P.DerKrikorian,Esquire [ ] Je fifer L. Wunder,Esquire [ ] Lena Kravets,Esquire [ Carol A. DiPrinzio, Esquire Attorneys for Plaintiff File#66720 Page 6 VERIFICATION The undersigned, Melinda Girardeau ,does hereby certify that.ke/she is Default Service Officer of Caliber Home Loans,Inc. and that Caliber Home Loans, Inc. has been duly nominated and appointed by LSF8 Master Participation Trust,plaintiff herein,as its mortgage servicing agent in regard to the mortgage loan which is the subject of this action(the"Mortgage"). LSF8 Master Participation Trust lacks sufficient information to make this verification because Plaintiff is not the entity that maintains the business records for the Mortgage. Caliber Home Loans,Inc.,in its capacity as mortgage servicing agent for LSF8 Master Participation Trust,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 Caliber Home Loans,Inc. for and relating to the Mortgage,and I make this Verification based on my review of those records,which are maintained by Caliber Home Loans, Inc. 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:Aua usfQa AO 14 B ,( 0 Name: Melinda Girardeau. Title: Default Service Officer LSF8 Master Participation Trust,by Caliber Home Loans, Inc., solely in its capacity as servicer Name: LSF8 Master Participation Trust v. Lynda K. Tomkinson Loan Number ending with: 7149 File#66720 Page 7 LEGAL DESCRIPTION EXHIBIT "A" ALL those certain lots of ground situate,lying and being in the Borough of Camp Hill,County of Cumberland,Commonwealth of Pennsyhqnia,more particularly bounded and described as follows,to wit: BEGINNING at a point,on the northern line of Lenox Street at the dividing line between Lots 175 and 176 on the hereinafter mentioned Plan of Lots;thence along the northern tine of Lenox Street in a westerly direction,a distance of 90 feet to a point at the corner of Lot No_ 172 on the hereinafter mentioned plan;thence along Lots Nos.172 and 148 in a northerly direction,a distance of 160 feet to a point on the southern line of Dighton Street(unopened);thence along the southern line of Dighton Street in an easterly direction,a distance of 90 feet to a point at the comer of Lot No.144 on said plan;thence along Lots Nos.144 and 176 in a southerlydirection,a distance of 160 feetto a point on the northern line of Lenox Street,the pointand place of BEGINNING. BEING Lots 145,146,147,173,174,and 175 on Plan of Lots knohn as Harrisburg Gardens dated May 14,1914 which plan is recorded in Cumberland County in Plan Book 1,page 86. (Parcel No.:01-20-1854-160 FORM I L.SF8 Master Participation Trust IN THE COURT OF COMMON PLEAS OF Plaintiff" CUMBERLAND COUN'T'Y, PENNSYLVANIA vs. C_ r . Cls t`t Lynda K. Tomkinson and Ricky D. Tomkinson Civil Defendants © A ca NOTICE OF RESIDENTIAL MORTGAGE FORECLO F DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First, within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty(20)days of the appointment date. During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitte � I Date [ ignature of Counsel for Plaintiff] 66720 Page I 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: CUSTOM ER/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑No ❑ Listing date: Price$ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑No❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people 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? INFORMATIONFINANCIAL 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 0 No❑ If yes,provide names,location of court, case number&attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 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"d 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(HEM AP)assistance? Yes❑No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender'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 1/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: f Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill f Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement(if property is currently on the market) 3 COURT OCNOSMOPA,EAS OF 1111111 I 11111 1111 1 1 11111 11111 1 11 CUMBERLAND COUNTY I1111 *260342* AFFIDAVIT OF SERVICE Case No: 14-5338 CIVIL Date Issued: 09/10/2014 Plaintiff(s): LSF8 MASTER PARTICIPATION TRUST Defendant(s): LYNDA K. TOMKINSON STATE OF MA Y �ND� COUNTY OF -j'1 UI ss.: Lori VanCamp, the undersigned, being duly sworn, deposes and says that I was at the time of service over the age of eighteen and not a party to this action. I reside in the STATE OF MARYLAND. On 09/20/2014 at 8:01 PM, I served the within NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM; COMPLAINT IN MORTGAGE FORECLOSURE on LYNDA K. TOMKINSON at 1683 GREEN MILL ROAD, FINKSBURG, MD 21048 in the manner indicated below: SUITABLE AGE: by delivering thereat a true copy of each to JEFF PATCHIN, SON-IN-LAW of LYNDA K. TOMKINSON, a person of suitable age and discretion. Said premises is LYNDA K. TOMKINSON's usual place of abode within the state. A description of the Recipient, or other person served on behalf of the Recipient is as follows: Sex Color of skin/race Color of hair Age Height Weight Male White Brown 30-39 5'8"-5'11" 125-149 lbs Other Features: I asked the person spoken to whether Defendant(s) was in the active military se ;v one who is in the military service of the United States or of the State of and received a negative reply. The source of my information and belief are the co information and belief I aver that the recipient is not in the military service of United States as that term is defined in either the State or in the Fedees. ce or financially dependent upon any in any capacity whatever v, ions above narrated. Upon State or of the or .• and subscribed Notary Public, — re me on X 20, �, Lo ' anCamp orney Outsourcing Support Services, Inc. Agency License #2004244 -DCA 1 Huntington Quadrangle, Suite 2SO4 Melville, NY 11747 (516) 284-5850 ClientRef#: 201-4560PA LawFirmRef#: 201-4560PA McCabe, Weisberg & Conway, P.C. CID #28 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 \`;�`IrANNB%' ss W ' iAR�� O Y M �ii/1/1©RE011 if I CO,\‘\\\c Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SHERIFF'SSolicitor ^���U����������� OFFICE v~°~~ OF CUMBERLAND COUNTY . ' r���- � �-�F(c; �./ �pgOrI-IDN—i../<\ 21114 OCT PM 2: tD CUMBERLAND COUNTY PENNSYLVANIA Ot CIF/ *m* �� � -,^ THE t'kERIFF LSFDMaster Participation Trust vs. Lynda Tomkinson Case Numbe 2014-5338 SHERIFF'S RETURN OF SERVICE 09/23/2014 Ronny R Anderson, Sheriff, being duly sworn accoring to law, states he made diligensearch and inquiry for the within named Defendant to wit: Lynda Tomkinson, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 2010 Lennox Street, Camp Hill Borough, Camp Hill, PA 17011. Residence is vacant and has been condemned and per the Camp Hill Postmaster he has moved and left no forwarding address. SHERIFF COST: $44.95 SO ANSWERS, September 23, 2014 RONNYRANDERSON, SHERIFF (c) t';ourdySui!,e Sheriff, Tolcoseft, inc. McCABE, WEISBERG AND CONWAY, P.C. ;;3Y: 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 LSF8 Master Participation Trust Plaintiff v. Lynda K.Tomkinson Defendant Attorneys for Plaintiff T •t CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5338 Civil ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant, Lynda K.Tomkinson, 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 06/19/14 to 11/06/14 Total Date: / 1/ CO/! " McC BY: ER [ ] Terrenc . McCabe, Esq. [ ] Edw d 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 $ 214,561.26 $ 4,623.39 $ 219,184.65 CON'' AY, P.C. arc S. Weisberg, Esq. [ ] Mar.aret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ]Ann E. Swartz, Esq. [t] Joseph 1. Foley, Esq. [ ] Lena Kravets, Esq. AND NOW, this JO day of NW. , 2Q14, Judgment is entered in favor of Plaintiff, LSF8 Master Participation Trust, and against Defendant, Lynda K.Tomkinson, in rem only and not in personam, and damages are assessed in the amount of $219,184.65, plus interest and costs. 'N BY THE PR au} eco S° e a`tt CLA P> SP') /1": IO, 24- 313 a p -a c McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID 4 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 LSF8 Master Participation Trust Plaintiff v. Lynda K.Tomkinson Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5338 Civil AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Lynda K.Tomkinson, 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, Lynda K.Tomkinson, is over eighteen (18) years of age, and resides as follows: Lynda K.Tomkinson, 1683 Green Mill Road Finksburg, MD 21048 SWORN AND SUBSCRIBED Date: HAW/ BEFORE . E THIS (n" - DAY McQA OF °I/6%W- NOT Y PUBLIC NO ARtAL SEAL STEVFN TRAVASCIO, Notary Plc City of Philadelphia, Phila. County M Commission Expires February 19, 2018 BY: [ ] Tee -nce J. McCabe, Esq. [ ] dward D. Conway, Esq. [ ] Andrew L. Markowitz, E [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff [ ] Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, '.Esq. [ ] Ann E. Swartz, Esq. [4 Joseph I. Foley, Esq. [ ] Lena Kravets, Esq. CO 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 1. 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 LSF8 Master Participation Trust Plaintiff v. Lynda K.Tomkinson Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 14-5338 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: Lynda K.Tomkinson 1683 Green Mill Road Finksburg, Maryland 21048 SWORN AND SUBSCRIBED BEFORE ME THIS Date: SS. //0 / DAY McC :: , WEIS : RG OF I ' , 2014 NOTA NOTARIAL SEAL STEVEN TRAVASCIO, Notary Public City of Philadelphia, Phila. County M Commission Expires Februa 19, 2018 BY: [ ] Terren, . 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 P.C. ] Marc S. Weisberg, Esq. 1 Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. {'] Joseph I. Foley, Esq. [ ] Lena Kravets, Esq. McCABE, WEISBERG AND CONWAY, P.C. 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 -1D # 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 - 1D # 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 LSF8 Master Participation Trust Plaintiff v. Lynda K.Tomkinson Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5338 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 E THIS (LD DAY 441._ STEVEN TRAVAiSC10, Naar,/ Public Gity of Philadelphia, Phila. County My Commission Expires February 19,20 McCAB BY: [ ] Terrenc 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 [ [ P.C. arc S. Weisberg, Esq. ] Margaret Gairo, Esq. Heidi R. Spivak, Esq. hristine L. Graham, Esq. ] Ann E. Swartz, Esq. [63 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. McC BY: RG & C [ ] Ten -enc . McCabe, Esq. [ ] Edwa D. Conway, Esq. [ I 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 LSF8 Master Participation Trust v. Lynda K.Tomkinson Cumberland County; Number: 14-5338 Civil C. eisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [i] Joseph 1. Foley, Esq. [ ] Lena Kravets, Esq. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary October 14, 2014 To: Lynda K. Tomkinson 1683 Green Mill Road Finksburg, Maryland 21048 LSF8 Master Participation Trust vs. Lynda K. Tomkinson Cumberland County Court of Common Pleas Number 14-5338 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. 1F 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 mjs MICA BY: 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 FOR 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 SENTENCIAEN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN 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 NINGON HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 JYCONWAP.C. [ ] Terrence cCabe, Esquire [ ] Edward b. 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 ._X ] Marc S. Weisberg, Esquire I J Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire ] Joseph I. Foley, Esquire [ ] Lena Kravets, Esquire 0720 Department of Defense Manpower Data Center Status Report Pursuant to Servicennerxab Civil Relief Act. Last Name: TOMKINSON First Name: LYNDA Middle Name: Active Duty Status As Of: Nov -06-2014 Results as of : Nov -06-2014 06:52:17 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 _ - No NA This response reflects the Individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No : NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received earty.notifica lion 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 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://mvw.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: JF01E085N084M50 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Lynda K.Tomkinson 1683 Green Mill Road Finksburg, Maryland 21048 LSF8 Master Participation Trust Plaintiff v. Lynda K.Tomkinson Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 14-5338 Civil NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT h as indicated below. X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession above proce Prothonotary 'IN 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 LSF8 Master Participation Trust FILE NO.: 14-5338 Civil Civil Term v. AMOUNT DUE: $219,184.65 Lynda K.Tomkinson TO THE PROTHONOTARY OF SAID COURT: INTEREST: from 11/07/14 $4,251.54 at $36.03 ATTY'S COMM.: CD CD F1 < COSTS: 1>c) The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 2010 Lennox Street, 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 the described in the attached exhibit. Zu ((q DATE: 1 McCAB EISBER '' Y, P.C. BY: [ ] Terrence J. ► cCabei' q. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [, ] Brian T. LaManna, Esq. [N] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff ishee(s) as a lis pendens against real estate of the defen ant(s) 4,i7 pc.1 It. titt '7s I(s•7' 16 .,sem -- �� 4,,zoS(`70 Pd 4•Z. Zs- bye. Co 4 . SOLt. ] 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. Address:123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. C-z9ss-/ 3/VOO ks ciec! 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 LSF8 Master Patricipation Trust Vs. Lynda K. Tomkinson WRIT OF EXECUTION NO 14-5338 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: $219,184.65 Interest from 11/07/14 - $4,251.54 at $36.03 Atty's Comm: Atty Paid: $205.70 Plaintiff Paid: Date: 11/26/14 (Seal) REQUESTING PARTY: Name: Joseph F. Riga, Esq. Address: 123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: 215-790-1010 Supreme Court ID No. 57716 L.L.: $.50 Due Prothy: $2.25 Other Costs: David D. Buell, Protho otary By: Deputy McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 LSF8 Master Participation Trust Plaintiff v. Lynda K.Tomkinson Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 14-5338 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 CD na N) .s- w • CD The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 2010 Lennox Street, 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 Owners or Reputed Owners Name Lynda K.Tomkinson 2. Name and address of Defendants in the judgment: Name Lynda K.Tomkinson Address 1683 Green Mill Road Finksburg, Maryland 21048 Address 1683 Green Mill Road Finksburg, Maryland 21048 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 Address 2010 Lennox Street 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 8' 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 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales c/o United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 . - . 8. Name and address of Attorney of record: Name Address None , . . I verify that the statements made in this Affidavit are true atid correct to the best of my personal knowledge or information and belief I-underStand thatfalse statementsherein are made subject to the penalties of18 Pa.C.S. Section 4904 relating tonnsvvorn falsificatidn to authorities. DATE (114 BY: [ ] Terrence [ 1 Marc S. Weisberg, Esq. [ Edward onway, Esq. 1 1 Margaret Gairo, Esq. [ j Andrew L. Markowitz, Esq. [ ] Heidi R. Spivak, Esq. ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. [,J Brian T. LiMarina,Esq. [] Ann E. Swartz, Esq., ] Joseph F. Riga, Esq. 1, ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikprian, Esq. [ ] Lena Kravets, Esq. [ Carol A. DiPiinzio, Es. Attorneys for Plaintiff LSF8 Master Participation Trust v. Lynda K.Tomkinson Cumberland County; Number: 14-5338 Civil 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 LSF8 Master Participation Trust v. Lynda K.Tomkinson Lynda K.Tomkinson 1683 Green Mill Road Finksburg, Maryland 21048 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 14-5338 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY -o r;) Jam.... ra c1� Your house (real estate) at 2010 Lennox Street, Camp Hill, Pennsylvania 17011 is scheduled to be sold at Sheriffs Sale on March 4, 2015 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $219,184.65 obtained by LSF8 Master Participation Trust 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 LSF8 Master Participation Trust the back payments, late charges, costs, and reasonable attorney's fees due. To fmd 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 those certain lots of ground situate, lying and being in Camp Hill, County of Cumberland, Commonwealth of Pennsylvan bounded and described as follows, to wit: Borough of more particularly BEGINNING at a point on the northern line of Lenox street at the dividing line between Lots 175 and 176 on the hereinafter mentioned Plan of Lots; thence along the northern line of Lenox Street in a westerly direction, a distance of 90 feet to a point at the corner of Lot No. 172 on the hereinafter mentioned plant thence along Lots Nos. 172 and 148 in a northerly direction, a distance of 160 feet to a point on the southern line of Dighton Street (unopened); thence along the southern line of Dighton Street in an easterly direction, a distance of 90 feet to a point at the corner of Lot No. 144 on said plan; thence along Lots Nos. 144 and 176 in a southerly direction, a distance of 160 feet to a point on the northern line of Lenox Street, the point and place of BEGINNING. BEING Lots 145, 146, 147, 173, 174, and 175 on Plan of Lots known as Harrisburg Gardens dated May 14, 1914 which plan is recorded in Cumberland County in Plan Book 1, page 86. Premises: 2010 Lennox Street, Camp Hill, Pennsylvania 17011. BEING the same premises which John E. Slike, Executor of the Estate of Harry P. Miller, by deed dated October 10, 1989 and recorded September 6, 1990 in Deed Book T34, Page 620, granted and conveyed unto Ricky D. Tomkinson and Lynda K.Tomkinson, husband and wife. The said Ricky D. Tomkinson died on August 16, 2013 thereby vesting title in his surviving spouse Lynda K.Tomkinson by operation of law. TAX MAP PARCEL NUMBER: 01-20-1854-160