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HomeMy WebLinkAbout07-0668'GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF 0'1 - & I-P el (J ? C'-?PVA WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff VS. JEFFREY L. HURLEY CONNIE M. HURLEY Mortgagors and Real Owners 229 Southside Drive Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Defendants ACTION OF MORTGAGE FORECLOSURE Term No. NOTICE CIVIL ACTION: MOfRTQAC You have been sued in court. If you wish to defend against the clai1ffQJ8a8 ollowing pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 9400 or 1). Callan attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 2). 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 918-241-3351 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionCagoldbecklaw com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MS-1907. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WELLS FARGO BANK, NA AS TRUSTEE, 51 E. Bethpage Road, Plainview, NY 11803. 2. The names and addresses of the Defendants are JEFFREY L. HURLEY, 229 Southside Drive, Newville, PA 17241 and CONNIE M. HURLEY, 229 Southside Drive, Newville, PA 17241, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On June 24, 2004 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to ARGENT MORTGAGE COMPANY, LLC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1872, Page 2120. The mortgage has been assigned to: WELLS FARGO BANK, NA AS TRUSTEE by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for September 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$82,527.59 Interest from 08/01/2006 through 01/31/2007 at 8.3000% .................... $3,451.84 Per Diem interest rate at $18.76 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,126.38 Late Charges from 09/01/2006 to 01/31/2007 .............................................$190.19 Monthly late charge amount at $38.04 Costs of suit and Title Search ......................................................................$900.00 Fees ................................................................................................................$27.00 Monthly Escrow amount $162.98 $91,223.00 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $91,223.00, together with interest at the rate of $18.76, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: ? 1 G ,?Jaedltc ?? AGOLDBECK MCCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, John A. Dunnery, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: January 23, 2007 EDGE it MMAIM NOM roO My NMMb or, r O*W 27, 2010 If E.,xhibit A ' Conestoga Title Insurance Company Commitment Number: 200406000SAM- SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract of land situate In Penn Township Cumberland County, Pennsylvania known as Lot NO. 1 an the Plan of Lots of Thomas E. Meale as recorded in the Recorder of Deeds office in and for Cumberland County, Pennsylvania In Plan Book 23, page 112, and further known as 229 Southside Drive, more fully bounded and described as follows: BEGINNING at a spike in the center of Township Road 349 at a corner of Lot No. 2 on said Plan; Thence along land now or formerly of Thomas E. Meals, South 68 degrees 26 minutss West 100 feet to an iron pin; Thence along land now or (ornery of David Fetrow, North 7 degrees 8 minutes West 185 feet to a spike in Township Road 349 aforesaid; Thence in said Road, North 65 degrees 52 minutes East 100 feet to a spike in said Road; Thence along Lot No. 2 aforesaid, South 7 degrees 30 minutes East 189.32 feet to the place of BEGINNING. PARCEL # 31-13-0112-044C ALTA CarrftmsM sche" C i? M04080008AM.PFW2004080008AM/4) BK 1872PG2136 EXhi6it B HOMEQ 3 R 7 MING DF785 November 7, 2006 CONNIE M HURLEY 229 SOUTHSIDE DR NEWVILLE, PA 17241-9447 HOMEOWNERS NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER: CONNIE M HURLEY 229 SOUTHSIDE DR NEWVILLE, PA 17241 0322145897 HomEq Servicing ACT 91 NOTICE TAj11C-%`,'EE'ACTION TO SAVE YOUR HOME FROM FThis is an official notice that the morta e on our home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou when you meet with the counseling agency. The name, address and phone number of Consumer Credit Counseling Agencies serving-your county are listed at the end of this Notice. If You have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE HONZQ SERWCMG DF785 November 7, 2006 JEFFREY L HURLEY 229 SOUTHSIDE DR NEWVILLE, PA 17241-9447 HOMEOWNERS NAME(S): JEFFREY L HURLEY PROPERTY ADDRESS: 229 SOUTHSIDE DR NEWVILLE, PA 17241 LOAN ACCOUNT NUMBER: 0322145897 CURRENT LENDER/SERVICER: HomEq Servicing ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached Rages. The HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when ou meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies servingyouur county are listed at the end of this Notice. If you have any auestions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING' ST OCCUR WITHINTHE NEXT THIRTY (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names addresses and tele hone numbers of desi ated consumer counseling agencies for the coup in which our nronertv is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. Advise this lender/servicer immediately only your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender/servicer, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION Available funds for emergency mortgage assistance are very limited. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The Agency) has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 229 SOUTHSIDE DR NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $2,359.13 c) Late Charges: $38.04 d) Recoverable Corporate Advances: $13.50 e) Other Charges and Advances: $0.00 f) Less funds in Suspense: ($17.42) g) Total amount past due as of (due date): $2,393.25 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $$2,393.25 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiers check, certified check, or money order made payable to HomEp and sent to Regular Mail HomEq Servicing P. O. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) days of the date of this notice, the lender/servicer intend to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing also intends to instruct its attorneys to start a legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the servicer even if they are over $50.00. Any attorneys fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attornevs' fees OTHER LENDER/SERVICER REMEDIES The lender/servicer may also sue you personally for the unpaid principal balance and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paymg the total amount then past due plus any late charges other charges then due reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender/servicer and by performing any other requirements under the mortgage Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE It is estimated that the earliest date that such Sheriffs sale of the mortgaged property could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender/servicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Contact Name PA Housing Response Specialist Address 4837 Watt Avenue, North Highlands, CA 95660-5170 Attn: PA Housing Response Team Telephone Number: 1-800-795-5125 FAX Number (916) 339-6940 for use by local counseling agency to notify HomEq that the homeowner met with the agency. EFFECT OF SHERIFF'S SALE You should realize that a Sheriff s sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 YOU MAY ALSO HAVE THE RIGHT • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT; • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF; • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;) • TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER; AND/OR • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8/18/2005 at 10:05:07 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1 (888) 511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1 (800) 342-2397 f^ N - ` t_ ?, ? ?' r, ti_ -,? ---? .? _ ?? ?? _ ) ? CJ N • ; ? ? .. ?_ 4_ ?l - 4i`C7 ("J -i .,,,.J GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 vs. JEFFREY L. HURLEY and CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 No. 07-668 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, David B. Fein, Esq., in support of its Motion for Substituted Service, represents as follows: Plaintiff is the holder of a first mortgage upon the premises 229 Southside Drive, Newville, PA, 17241, hereinafter, the "mortgaged premises". 2. Defendants, JEFFREY L. HURLEY and CONNIE M. HURLEY, are the mortgagors and real owners of the mortgaged premises. 3. The last known address of Defendant, Connie M. Hurley, is as set forth in Paragraph 2 of the Complaint. 4. The Sheriff has been unable to effect service of the Complaint upon Defendant, Connie M. Hurley, at her property address, 229 Southside Drive, Newville, PA, 17241, after numerous attempts. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY The Sheriff was unable to locate the Defendant, Connie M. Hurley. There is no forwarding address on file, per Postmaster. 5. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Connie M. Hurley. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant, Connie M. Hurley, by posting the premises and certified and regular mail to the Defendant's last known address. BY: David B. Fein, Esq. Affidavit of Good Faith Investigation Client provided information: File Number: MS-1907 Attorney Firm: Goldbeck, McCafferty & McKeever File Name: Hurley Subject Name: Connie M. Hurley Property Address: Street: 229 Southside Drive City: Newville State: PA Zip: 17241 Skip Results: Date of Birth: None Found ProVest File Number: 188960 Last Known Dates: As of 03/24/2007 Street: 229 Southside Drive Phone: City: Newville State: PA Zip: 17241 Death Records: As of 03/24/2007, the Social Security Administration has no death record on file for Connie M. Hurley. Social Security Number search completed. Employment Search: Unable to verify current employer. Creditor information: Creditors indicated the last reported address for Connie M. Hurley as 229 Southside Drive, Newville, PA 17241 Department of Motor Vehicle Records: The Pennsylvania Department of Motor Vehicles provided no change for Connie M. Hurley from 229 Southside Drive, Newville, PA 17241 Public Licenses (Pilot, Real Estate, etc): Search performed provided no information. Voter Registration Information: The County Voters Registration Office has no listing for Connie M. Hurley. National Postal Address Search: Has no change for Connie M. Hurley from 229 Southside Drive, Newville, PA 17241 Comments: 717-258-0486: Spoke with former mother-in-law, Connie L. Hurley, does not know current address. 717-486-5008: Called possible neighbor, Deborah Fettrow, there was no answer. 717-486-8690: Called possible neighbor, Michelle Donovan, there was no answer. On 03/24/2007, I, Patti Garrett being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. bsc fibed and swcxn to before nee. x Aft` n Nam Patti ,off-ett Notory Public Date: 03/24/2007 ' ,4% ? KIM ATTEBERY .= Notary Pubtic STATE of TEXAS z*,ti., y{z C3f11t 11?3tion Exp ft-13.2009 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00668 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK VS HURLEY JEFFREY L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HURLEY CONNIE M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , HURLEY CONNIE M NOT FOUND , as to 229 SOUTHSIDE DRIVE NEWVILLE, PA 17241 DEFENDANTS ARE IN PROCESS OF DIVORCE. CONNIE'S ADDRESS IS UNKNOWN. NO FORWARDING ON FILE AT POST OFFICE. Sheriff's Costs: So answe Docketing 6.00 Service .00 f Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cumberland County .00 21.00 GOLDBECK MCCAFFERTY MCKEEVER 02/08/2007 Sworn and Subscribed to before me this day of , A.D. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. JEFFREY L. HURLEY and CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 VERIFICATION No. 07-668 I, David B. Fein, Esq., Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. A? -t BY: David B. Fein, Esq. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803" VS. JEFFREY L. HURLEY and CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 OF Cumberland COUNTY No. 07-668 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant, Connie M. Hurley, which the Sheriff has been unable to personally serve upon Defendant, Connie M. Hurley. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant, Connie M. Hurley, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, ij-t David B. Fein, Esq. IN THE COURT OF COMMON PLEAS GOLDBECK McCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 IN THE COURT OF COMMON PLEAS Of Cumberland County vs. JEFFREY L. HURLEY CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 CERTIFICATE OF SERVICE No. 07-668 David B. Fein, Esq., does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, Connie M. Hurley, this 4 h day of April 2007, by first class mail, postage prepaid. 11i? BY: David B. Fein, Esq. WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 IN THE COURT OF COMMON PLEAS Of Cumberland County vs. JEFFREY L. HURLEY CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 No. 07-668 CERTIFICATION PURSUANT TO CUMBERLAND COUNTY RULE NO. 208.3(a) PERTAINING TO PLAINTIFF'S MOTION FOR ALTERNATIVE SERVICE I, David Fein, Esquire, hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the Defendant, Connie M. Hurley, has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendant, Connie M. Hurley, to request his concurrence. Respectfully submitted, M il_. David Fein, Esquire Attorney I.D. #82628 Goldbeck, McCafferty & McKeever 701 Market Street, Suite 5000 Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff Date: April 4, 2007 r.., ( ?r ... _, ,,? k t -- APR o 9 2oo7a? WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 VS. JEFFREY L. HURLEY and CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 ORDER 07-668 AND NOW, this 13'' day of Aprl 2007, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Connie M. Hurley, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiff s Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, Connie M. Hurley, by posting a copy of the Complaint upon the premises 229 Southside Drive, Newville, PA, 17241, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 229 Southside Drive, Newville, PA, 17241, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Connie M. Hurley, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE CO7/y J. Di tribution list: ichael T. McKeever, Esquire, Suite 5000 - ellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 JEFFREY L. HURLEY, 229 Southside Drive Newville, PA 17241 , CONNIE M. HURLEY, 229 Southside Drive Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY A V ? oa/ V'INVAIASNN3d LZ .g WV CZ dd'V LOOZ AbViONO L acid 3Hi ?O 301±40-09114 GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. JEFFREY L. HURLEY CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-668 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint, in the above captioned matter. GOLDBECK, McCAFFERTY & McKEEVER By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff r _ s iii GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 VS. JEFFREY L. HURLEY and CONNIE M. HURLEY Mortgagor(s) 229 Southside Drive Newville, PA 17241 Defendant(s) CERTIFICATE OF SERVICE IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-668 JOSEPH A. GOLDBECK, JR. ESQUIRE hereby certifies that on he did serve upon Defendant CONNIE M. HURLEY a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated April 23, 2007. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. GOLDBECK McCAFFTMT'Y & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ESQUIRE N ? d ? r ? l r , co 4 4 .. { w ? ?,?„ ? dfI?Y yy ,... f ? co ' I !,? n C) P1 + WEL FA900 M. M andl O-MNo M. You as not has fftd aMor% docketatt b No. secursdonyour stom4w yow YOU NOT THE INFC IF YOU PROOF OF P State of Pennsylvania, Tammy Shoemaker Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, depose and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that he printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Mav 07, 2007 COPY OF NOTICE OF PUBLICATION Nam IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW OF ACT No. fl GEF RE , NA AS , 021"Va. t. HURLEY & Y. wnaa, Defendalft EY, MORTGAGOR AND REAL OWNER. DMNnANT_ 17241. tO COLLWT A "FRAM YOU a , wrwrawr r-mffw MNa to mrso 0 e on th! morWW Wil iaosilK 2tl SouNutide Drive, Nowv4e, PA 1724-1, wiN ba aiMd a to Shady of cwtwbmcft". awasim oourt. N you wish to 41016W &SNIM the oftims ar t forth In the must WIN action ON* twsrrty (20) days alter the Complaint 1, byenlerkry awrlttenappaarafroa peraoiaMy by th 11110 y Wrrt!our of to the slakes am tom "sawed OW N yaa 1161111 to do sO rta irpilacasd wghout l* bo wftW irou by the Court wRhad fyrthsr notice M CompMW' any claim ormrapW 44lueyattasd by I to _ _ r YOUR L 4*I* E. IF Y0U n0 A s trvkte i?tt CUMBERLAND COUNTY 1 32 Soko e'°ITa?qBirest$,Il(;lrA"r THIS OFFICE MAY BE ABLE TO AGENCIES THAT MAY OFFER T A REDUCED FEE OR 100 FEE. PA 17018 Jr., Alon" for PlalrRllf ?pldl wr, P.C. Cantor t1 "?""?"PA tolmlow Af iant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement a3lication o time, place and character of p are true. WATION of Cumberland to and subscribed before me this v of Mav, 2007. Notary Pu My Notarial Seal I ChMliro L. Wolfe, Notary Roe Carlisle Boro, CurnberbW County My Conwrrissim Exom Sept 1, 2008 COMMONWEALTH OF PENNSYLVANIA Member, Pennsylvania Association Of Notaries expires: -1'1 108 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approv d May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of t e Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Boroujgh of Carlisle in the County and State aforesaid, was established January 2, 1952, and design'ted by the local courts as the official legal periodical for the publication of all legal notices and has, since January 2, 1952, been regularly issued weekly in the said County, and that the rinted notice or publication attached hereto is exactly the same as was printed in the regular a itions and issues of the said Cumberland Law Journal on the following dates, viz May 11, 2007 Affiant further deposes that he is authori Law Journal, a legal periodical of general circul matter of the aforesaid notice or advertiseme statements as to time, place and character of publ ed to verify this statement by the Cumberland tion, and that he is not interested in the subject t, and that all allegations in the foregoing cation are true. SW 11 is arie Coyne, ditor TO AND S SCRIBED before me this day of May, 2007 Notary NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 III! CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 07-668 WELLS FARGO BANK, NA AS TRUSTEE, Plaintiff VS. JEFFREY L. HURLEY & CONNIE M. HURLEY, Mortgagors and Real Owners, Defendants NOTICE OF ACTION IN MORTGAGE FORECLOSURE TO: CONNIE M. HURLEY, MORT- GAGOR AND REAL OWNER, DEFENDANT, whose last known address is 229 Southside Drive, Newville, PA 17241. THIS FIRM IS A DEBT COLLEC- TOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY IFNORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. You are hereby notified that Plain- tiff, WELLS FARGO BANK, NA AS TRUSTEE, has filed a Mortgage Foreclosure Complaint endorsed with a notice to defend against you in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 07-668, wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 229 Southside Drive, Newville, PA 17241, whereupon your property will be sold by the Sheriff of Cumberland County. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following notice, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attor- ney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint or for any other claim or relief requested by the Plain- tiff. You may lose money or prop- erty or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFOR- MATION ABOUT HIRING A LAW- YER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE- GAL SERVICES TO ELIGIBLE PER- SONS AT A REDUCE FEE OR NO FEE. LEGAL SERVICES INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 CUMBERLAND COUNTY BAR ASSN. 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 -.., r,} - ?_ '?? _,, _ ? _ ___ ? --r- ?.., :,,- ? _. __,? -? - ?_ -; ,; ? ., ?- ,. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00668 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK VS HURLEY JEFFREY L ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HURLEY JEFFREY L the DEFENDANT , at 1822:00 HOURS, on the 6th day of February , 2007 at 229 SOUTHSIDE DRIVE NEWVILLE, PA 17241 by handing to JEFFREY HURLEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 10.56 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 38.56 02/08/2007 GOLDBECK MCCAFFERTY MCKEEVER a' ?- Sworn and Subscibed to By: °----- before me this day D uty her' f of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00668 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK VS HURLEY JEFFREY L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HURLEY CONNIE M but was unable to locate Her in his bailiwick. He therefore returns the t'nr,RTIT T TTTT mnom L nnv NOT FOUND , as to the within named DEFENDANT 229 SOUTHSIDE DRIVE HURLEY CONNIE M NEWVILLE, PA 17241 DEFENDANTS ARE IN PROCESS OF DIVORCE. CONNIE'S ADDRESS IS UNKNOWN. NO FORWARDING ON FILE AT POST OFFICE. Sheriff's Costs: So answe Docketing 6.00 Service .00 Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cumberland County .00 21.00 ? GOLDBECK MCCAFFERTY MCKEEVER i5ol 02/08/2007 X. 0 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00668 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK VS HURLEY JEFFREY L ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HURLEY CONNIE M the DEFENDANT , at 2006:00 HOURS, on the 7th day of May , 2007 at 229 SOUTHSIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 229 SOUTHSIDE DRIVE NEWVILLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 10.56 Posting 6.00 Surcharge 10.00 R. Thomas Kline 44.56 05/07/2007 5.11' GOLDBECK MCCAFFERTY MCKEEVER D Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. In the Court of Common Pleas of Cumberland County WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff vs. JEFFREY L. HURLEY CONNIE M. HURLEY (Mortgagor(s) and Record Owner(s)) 229 Southside Drive Newville, PA 17241 Defendant(s) PRAECIPE FOR JUDGMENT No. 07-668 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against JEFFREY L. HURLEY and CONNIE M. HURLEY by default for want of an Answer. Assess damages as follows: Debt $94,704.42 Interest from 06/1312007 to Date of Sale Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred an east ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Dldbeck, Jr. Plaintiff JUA-) I. #1 AND NOW -L )-06'7 , Judgment is entered in favor of WELLS FARGO BANK, NA AS TRUSTEE and against JEFFREY L. HURLEY and CONNIE M. HURLEY by ??ult for want of an Answer and damages assessed in the sum of $94,704.42 as per the above?ifcatipn. MS-1907 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: June 1, 2007 TO: CONNIE M. HURLEY 229 Southside Drive Nevwille, PA 17241 WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff VS. JEFFREY L. HURLEY CONNIE M. HURLEY (Mortgagor(s) and Record Owner(s)) 229 Southside Drive Newville, PA 17241 Defendant(s) TO: CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 07-668 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 MS-1907 THIS LAW FIRM IS A DEBT COLLECTOR ANN WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: June 1, 2007 TO: JEFFREY L. HURLEY 229 Southside Drive Newville, PA 17241 WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff VS. JEFFREY L. HURLEY CONNIE M. HURLEY (Mortgagor(s) and Record Owner(s)) 229 Southside Drive Newville, PA 17241 Defendant(s) TO: JEFFREY L. HURLEY 229 Southside Drive Newville, PA 17241 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 07-668 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 -?O xyh ?Ofrfheck GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JEFFREY L. HURLEY, is about unknown years of age, that Defendant's last known residence is 229 Southside Drive, Newville, PA 17241, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date : ?? VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, CONNIE M. HURLEY, is about unknown years of age, that Defendant's last known residence is 229 Southside Drive, Newville, PA 17241, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: 1? GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff VS. IN THE COURT OF COMMON PLEAS of Cumberland County JEFFREY L. HURLEY CONNIE M. HURLEY (Mortgagor(s) and Record owner(s)) 229 Southside Drive Newville, PA 17241 Defendant(s) CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 07-668 ORDER FOR JUDGMENT Please enter Judgment in favor of WELLS FARGO BANK, NA AS TRUSTEE, and against JEFFREY L. HURLEY and CONNIE M. HURLEY for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $94,704.42. )ldbeck, Jr. Plaintiff I hereby certify that the above names are correct and Mt the precise residence address of the judgment creditor is WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 and that the name(s) and last known address(es) of the Defendant(s) is/are JEFFREY L. HURLEY, 229 Southside Drive Newville, PA 17241 and CONNIE M. HURLEY, 229 Southside Drive Newville, PA 17241; MCCAFFERTY & McKEEVER B s . Goldbeck, Jr. Att ev r Plaintiff ASSESSMENIt 6F DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $82,527.59 Interest from 08/01/2006 through $5,928.16 06/12/2007 Attorney's Fee at 5.0000% of principal $4,126.38 balance Late Charges $380.39 Costs of Suit and Title Search $900.00 Escrow Balance Deficit $814.90 FEES $27.00 $94,704.42 K McCAFFERTY & McKEEVER A. Goldbeck, Jr. Plaintiff AND NOW, this I'7 ' day of JL-<-,A.)E_,_2007 damages are assessed as above. r ro rothy -tZl r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County JEFFREY L. HURLEY CONNIE M. HURLEY Mortgagor(s) and Record Owner(s) 229 Southside Drive Newville, PA 17241 Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-668 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 06/13/2007 to Date of Sale at 8.3000% $94,704.42 (Costs to be added) FFERTY & McKEEVER MCCA 1.ty J . Goldbeck, Jr. orn Plaintiff ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania known as Lot NO. 1 on the Plan of Lots of Thomas E. Meals as recorded in the Recorder of Deeds office in and for Cumberland County, Pennsylvania in Plan Book 23, page 112, and further known as 229 Southside Drive, more fully bounded and described as follows: BEGINNING at a spike in the center of Township Road 349 at a corner of Lot No. 2 on said Plan; Thence along land now or formerly of Thomas E. Meals, South 68 degrees 26 minutes West 100 feet to an iron pin; Thence along land now or formerly of David Fetrow, North 7 degrees 8 minutes West 185 feet to a spike in Township Road 349 aforesaid; Thence in said Road, North 65 degrees 52 minutes East 100 feet to a spike in said Road; Thence along Lot No.2 aforesaid, South 7 degrees 30 minutes East 189.32 feet to the place of BEGINNING. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 229 Southside Drive Newville, PA 17241 SOLD as the property of JEFFREY L. HURLEY and CONNIE M. HURLEY TAX PARCEL #31-13-0112-44C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-668 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA AS TRUSTEE, Plaintiff (s) From JEFFREY L. HURLEY AND CONNIE M. HURLEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $94,704.42 L.L. $.50 Interest FROM 6/13/07 TO DATE OF SALE AT 8.3000% Atty's Comm % Due Prothy $2.00 Atty Paid $210.12 Other Costs Plaintiff Paid Date: JUNE 14, 2007 i R. Long, Prothonotary (Seal) By: 9. Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 ... Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff vs. JEFFREY L. HURLEY CONNIE M. HURLEY (Mortgagor(s) and Record Owner(s)) 229 Southside Drive Newville, PA 17241 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-668 AFFIDAVIT PURSUANT TO RULE 3129 WELLS FARGO BANK, NA AS TRUSTEE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 229 Southside Drive Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): JEFFREY L. HURLEY 229 Southside Drive Newville, PA 17241 CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: JEFFREY L. HURLEY 229 Southside Drive Newville, PA 17241 CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 l PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 229 Southside Drive Newville, PA 17241 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: June 12, 2007 McCAFFERTY & McKEEVER k. Goldbeck, Jr., Esq. Plaintiff n' ? C> C ? ?n {... / 07-668 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff vs. JEFFREY L. HURLEY CONNIE M. HURLEY Mortgagor(s) and Record Owner(s) 229 Southside Drive Newville, PA 17241 Term No. 07-668 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WH.L BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HURLEY, JEFFREY L. JEFFREY L. HURLEY 229 Southside Drive Newville, PA 17241 Your house at 229 Southside Drive, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $94,704.42 obtained by WELLS FARGO BANK, NA AS TRUSTEE 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 cancelled if you pay to WELLS FARGO BANK, NA AS TRUSTEE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311 and IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 07-668 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 notice below 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 NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 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 house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1 07-668 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 918-241-3351 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentiona- oldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MS-1907. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. '' c:?? - ? -r-, :_. cam- o,??> ` ' r` . ..-? .?" r.1.7- j : _4:V,.._ f ? r -? ` - t '` ,.-? ? :; .?+', 07-668 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff vs. JEFFREY L. HURLEY CONNIE M. HURLEY Mortgagor(s) and Record Owner(s) 229 Southside Drive Newville, PA 17241 Defendant(s Term No. 07-668 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HURLEY, CONNIE M. CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 Your house at 229 Southside Drive, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $94,704.42 obtained by WELLS FARGO BANK, NA AS TRUSTEE 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 cancelled if you pay to WELLS FARGO BANK, NA AS TRUSTEE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 07-668 You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 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 house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 10 07-668 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 918-241-3351 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(abgoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MS-1907. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. O GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 MS-1907 CF: 02/02/2007 SD: 12/05/2007 $94,704.42 WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff VS. JEFFREY L. HURLEY CONNIE M. HURLEY Mortgagor(s) and Record Owner(s) 229 Southside Drive Newville, PA 17241 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-668 U 0 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) = co -TI Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service,-yin thy" Defendants of the Notice of Sheriff Sale was made by: `•' 11 Personal Service by the Sheriffs Office/oompwe-a(copy of return attached). C' ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ?') Premises was posted by Sheriffs Office/eernpetent tote (copy of return attached). Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). bQ Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. r=(, i) L,1 C" ?':" ( l r ' N?r?7 pectfully submitted, Joseph . Goldbeck, Jr. torney for Plaintiff l I I f LL. C44 1 '? a v $ NO Q??' -O O to • Z d. 06 Z H R w W?? 0. ? U g U DODO ? Z Irv N y a g o X as (? C 10 CL La m a _ o a 100 v ill cn Ma to x_ x CL O 1 3 W Q' ? oho d a 1 m . -E Iv D wQQ?? ?7z N Z loon a0CL dmxa 2 UT F- ; d l ' ! a 1 1 I ! ?? V FjM a ? I j ? I I I?? f I I ? ? y s a ? J1"'? o f ? I I j !N IM st iui ? ?? !tp I? lap ?F- I ld. O e A a v m N $ C ?g CL o U U.p M ? 0 rn a N 2 W z z U m D 2 J LL LL w 0CAtiaer Form 3877 Domestic USPS Firm Mailing Book Name and Address of Sender'- Permit Number Sequence Number JOSEPH A GOLDBECK JR 1157A MELLON INDEPENDENCE CENT 701 MARKET ST STE 5000 Ascent - MAC v7.20.7.20.I PHILADELPHIA, PA 19106 ------------ -------------------------------------------------- Piece ID Article i Delivery Address ---------- SS --------- Fee ---------------------- Postage Value --------------------------- Sender Charges Addressee Name ----------------------------------------------------- Type Insur./Register Due Total --------- CWD7480TW11-2 71114342363000134003 WALBURN, TERESA ---.------- C --------- 2.65 ---------------------- 0.41 --------------------------- 3.91 4653 Beaver Lake Road RRE 0.85 Hughesville, PA 17737 OPT0783WM9-21 71114342363000134010 MCGLADE, WILLIAM C 2.65 0.41 3.91 3456 Victor Avenue RRE 0.85 Brookhaven, PA 19015 OPT0783DM9-21 71114342363000134027 MCGLADE, DOROTHY C 2.65 0.41 3,91 3456 Victor Avenue RRE 0.85 Brookhaven, PA 19015 CWD6525MM9-21 71114342363000134034 MONTGOMERY, MARSHA C 2.65 0.41 3.91 361 HeAricks Road RRE 0.85 Butler, PA 16001-8433 CWD6525JM9-21 71114342363000134041` MONTGOMERY, JOHN C 2.65 0.41 3,91 361 Henricks Road RRE 0.85 Butler, PA 16001-8433 MS1907CH12-5 71114342363000134058 HURLEY, CONNIE M. C 2.65 0.41 3.91 229 Southside Drive RRE 0.85 Newville, PA 17241 ?? ?? ? M065 HURLEY, JEFFREY L. C 2.65 0.41 3.91 ? 229 Southside Drive RRE 0.85 Nevville, PA 17241 SB0198NE9-7 71114342363000134072 EPPIHIMER, NICHOLAS L. C 2.65 0.41 3.91 427 Confer Avenue RRE 0.85 Hamburg, PA 19526 -------------------------------------------------------------- Page Totals: 8 ---------- --------- 28.00 --------------------- 3.28 -------------------------- 31.28 Cumulative Totals: 32 112.00 13.12 125.12 Page 4 APR 08 2007 it/ WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. JEFFREY L. HURLEY and CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 07-668 ORDER AND NOW, this day of nPkI L 2007, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Connie M. Hurley, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, Connie M. Hurley, by posting a copy of the Complaint upon the premises 229 Southside Drive, Newville, PA, 17241, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 229 Southside Drive, Newville, PA, 17241, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Connie M. Hurley, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE OURT: f J. Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 JEFFREY L. HURLEY, 229 Southside Drive Newville, PA 17241 CONNIE M. HURLEY, 229 Southside Drive Newville, PA 1724i TRUE C"??Y ??'''?'? RECORD in Testimony ? set my hand and tjV- seal of : `S, Ie, Pa. Thi ....... .... day of.... Q .., 5 .. ' mthonotary Wells Fargo Bank, NA As Trustee (e- Iq mi)?e Court of Common Pleas of VS Cumberland County, Pennsylvania Jeffrey L. Hurley and Connie M. Hurley Writ No. 2007-668 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2007 at 1816 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeffrey L. Hurley, by making known unto Jeffrey Hurley personally at 229 Southside Drive, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on September 18, 2007 at 1055 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Connie M. Hurley, by posting the premises located at 229 Southside Drive, Newville, Cumberland County, Pennsylvania with a true and correct copy of the within Real Estate Writ, Notice of Sale and Description pursuant to order of court. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1308 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeffrey L. Hurley and Connie M. Hurley located at 229 Southside Drive, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Jeffrey L. Hurley and Connie M. Hurley by regular mail to their last known address of 229 Southside Drive, Newville, PA 17241. These letters were mailed under the date of October 16, 2007. The letter addressed to Jeffrey L. Hurley was never returned to the Sheriffs Office. The unopened letter addressed to Connie M. Hurley was returned to the Sheriffs Office on October 19, 2007 marked "Unable to Forward." So Answers: R. Thomas Kline, Sheriff BY Real Estate Sergeant • GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff VS. JEFFREY L. HURLEY CONNIE M. HURLEY Mortgagor(s) and Record Owner(s) 229 Southside Drive Newville, PA 17241 Defendant(s) AFFIDAVTf PURSUANT TO RULE 3129 Term No. 07-668 WELLS FARGO BANK, NA AS TRUSTEE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 229 Southside Drive Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): JEFFREY L. HURLEY 229 Southside Drive Newville, PA 17241 CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: JEFFREY L. HURLEY 229 Southside Drive Newville, PA 17241 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 229 Southside Drive Newville, PA 17241 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 6, 2007 DBECK M AFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank NA Tr is the grantee the same having been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution issued on the 14 day of June, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 668, at the suit of Wells Fargo Bank N A Tr against Jeffrey L Hurley & Connie M is duly recorded as Instrument Number 200746891. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this zz?:? day of 0-1- t , A.D. 02&V? Recorder of Deeds Recorder of Deeds, Cwr"wya € ougj, Cadj*, PA My Commission Expaea ft FM Monday of Jan. 2010 Wells Fargo Bank, NA As Trustee In the Court of Common Pleas of VS Cumberland County, Pennsylvania Jeffrey L. Hurley and Connie M. Hurley Writ No. 2007-668 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2007 at 1816 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeffrey L. Hurley, by making known unto Jeffrey Hurley personally at 229 Southside Drive, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on September 18, 2007 at 1055 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Connie M. Hurley, by posting the premises located at 229 Southside Drive, Newville, Cumberland County, Pennsylvania with a true and correct copy of the within Real Estate Writ, Notice of Sale and Description pursuant to order of court. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1308 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeffrey L. Hurley and Connie M. Hurley located at 229 Southside Drive, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Jeffrey L. Hurley and Connie M. Hurley by regular mail to their last known address of 229 Southside Drive, Newville, PA 17241. These letters were mailed under the date of October 16, 2007. The letter addressed to Jeffrey L. Hurley was never returned to the Sheriffs Office. The unopened letter addressed to Connie M. Hurley was returned to the Sheriffs Office on October 19, 2007 marked "Unable to Forward." R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, on behalf of Wells Fargo Bank, NA as Trustee. It being the highest bid and best price received for the same, Wells Fargo Bank, NA as Trustee, of 51 E. Bethpage Road, Plainview, NY 11803, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $920.69. Sheriff s Costs: Docketing $30.00 Poundage 18.05 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 34.56 Levy 15.00 Surcharge 30.00 Posting 6.00 Law Journal 355.00 Patriot News 262.16 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 41.50 $ 922.69 So Answers:? R. Thomas Kline, Sheriff B 6.. Real Estat Sergeant ,? /-1/,; //0 7 c ?, q7'v C,I ?O 3q ? ? Y Y • r l Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff VS. JEFFREY L. HURLEY CONNIE M. HURLEY (Mortgagor(s) and Record Owner(s)) 229 Southside Drive Newville, PA 17241 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-668 AFFIDAVIT PURSUANT TO RULE 3129 WELLS FARGO BANK, NA AS TRUSTEE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 229 Southside Drive Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): JEFFREY L. HURLEY 229 Southside Drive Newville, PA 17241 CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: JEFFREY L. HURLEY 229 Southside Drive Newville, PA 17241 CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 229 Southside Drive Newville, PA 17241 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: June 12, 2007 McCAFFERTY & McKEEVER k. Goldbeck, Jr., Esq. Plaintiff 07-668 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff VS. JEFFREY L. HURLEY CONNIE M. HURLEY Mortgagor(s) and Record Owner(s) 229 Southside Drive Newville, PA 17241 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-668 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HURLEY, JEFFREY L. JEFFREY L. HURLEY 229 Southside Drive Newville, PA 17241 Your house at 229 Southside Drive, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $94,704.42 obtained by WELLS FARGO BANK, NA AS TRUSTEE 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 cancelled if you pay to WELLS FARGO BANK, NA AS TRUSTEE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311 and IN THE COURT OF COMMON PLEAS 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 07-668 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 notice below 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 NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 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 house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-668 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 918-241-3351 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(d)goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MS-1907. Para information en espanol puede communicarse con Loretta al 215-825-6344. 07-668 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County VS. JEFFREY L. HURLEY CONNIE M. HURLEY Mortgagor(s) and Record Owner(s) 229 Southside Drive Newville, PA 17241 Term No. 07-668 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HURLEY, CONNIE A CONNIE M. HURLEY 229 Southside Drive Newville, PA 17241 Your house at 229 Southside Drive, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $94,704.42 obtained by WELLS FARGO BANK, NA AS TRUSTEE 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 cancelled if you pay to WELLS FARGO BANK, NA AS TRUSTEE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 07-668 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 notice below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 717-240-6390. 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 house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-668 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 918-241-3351 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionaaoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MS-1907. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania known as Lot NO. 1 on the Plan of Lots of Thomas E. Meals as recorded in the Recorder of Deeds office in and for Cumberland County, Pennsylvania in Plan Book 23, page 112, and further known as 229 Southside Drive, more fully bounded and described as follows: BEGINNING at a spike in the center of Township Road 349 at a corner of Lot No. 2 on said Plan; Thence along land now or formerly of Thomas E. Meals, South 68 degrees 26 minutes West 100 feet to an iron pin; Thence along land now or formerly of David Fetrow, North 7 degrees 8 minutes West 185 feet to a spike in Township Road 349 aforesaid; Thence in said Road, North 65 degrees 52 minutes East 100 feet to a spike in said Road; Thence along Lot No.2 aforesaid, South 7 degrees 30 minutes East 189.32 feet to the place of BEGINNING. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 229 Southside Drive Newville, PA 17241 SOLD as the property of JEFFREY L. HURLEY and CONNIE M. HURLEY TAX PARCEL #31-13-0112-44C • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-668 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA AS TRUSTEE, Plaintiff (s) From JEFFREY L. HURLEY AND CONNIE M. HURLEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $94,704.42 L.L. $.50 Interest FROM 6/13/07 TO DATE OF SALE AT 8.3000% Atty's Comm % Due Prothy $2.00 Atty Paid $210.12 Other Costs Plaintiff Paid Date: JUNE 14, 2007 (Seal) lieputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 ?? LA Real Estate Sale # 21 On August 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 229 Southside Drive, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 7, 2007 By: 1 Real Esta a Sergeant The Patriot-News Co. _K 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Ittio t-dews ?;hhe a Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 11ad•Ii1A? flwli W* to ! ea? VS JWN& L Hluday and C01mb W 3 _ 1. 1, NwIley ff K Af1.'Tt a (E AIN trait 4f Lad tiusit is FtsA, Tmod* Ctiesbdb4d n. Pas aywatitaowast 10 W.1dwai a IAN of Ib ma S lilr of ri+carded in tia C is Mw Boot ' r s1#e AMR pf I'' 1Y!rrilisiat?!s aitis+?+EtsElita? l sa. 10/31/07 11/07/07 '4............. Sworn to subscribed be r me this 30 day of November, 2007 A.D. otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seat James L Cl". Notary Public City Of Hanishn, Qauptin County My Commission Ewes June 2, 2008 Member, Pennsylvania Association of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 21 AA? 1 Writ No. 2007-668 Civil Wells Fargo Bank, NA as Trustee Lis Marie Coyne, Editor vs. Jeffrey L. Hurley and SWORI"rtO AND SUBSCRIBED before me this Connie M. Hurley 9 day of November. 2007 Atty.: Joseph Goldbeck DESCRIPTION ` ALL THAT CERTAIN tract of land situate in Penn Township, Cumber- land County, Pennsylvania known Notary as Lot NO. 1 on the Plan of Lots of Thomas E. Meals as recorded in the Recorder of Deeds office in and for Cumberland County, Pennsylvania NOTARIAL SEAL in Plan Book 23, page 112, and fur- DEBORAH A COLLINS ther known as 229 Southside Drive, Notary Public more fully bounded and described CARLISLE BORO, CUMBERLAND COUNTY as follows: MY Commission Expires Apt 28 2010 BEGINNING at a spike in the , center of Township Road 349 at a corner of Lot No. 2 on said Plan; Thence along land now or formerly Assignment of Bid NO. 07-668 -HURLEY 229 Southside Drive Newville, PA 17241 1, Joseph A. Goldbeck, Jr., Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated December 05, 2007 to: WELLS FARGO BANK, NA AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 GOLDBECK MCCAFFERTY & MCKEEVER Date: December 6, 2007 JOSEPH A. GOLDBECK, JR.