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HomeMy WebLinkAbout07-2007GOLDBECK 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 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF - - WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. ROBERT R. AUSTIN Mortgagor and Real Owner 79 Clay Street Carlisle, PA 17013 Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL ACTION: M ORTGAGE "I"CI-0-R11pl: NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following 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. 7 ?tui l? RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PR,OCESO 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 ADEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WML 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. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. -- - - - -- -- . Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.&ov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 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 homeretentionngoldbecklaw 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 AMQ-1805. 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 Plaintiff is WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The names and addresses of the Defendant is ROBERT R. AUSTIN, 79 Clay Street, Carlisle, PA 17013, who is-the-mortgagor and real owner of the mortgaged premises-hereinafter-described. 3. On June 19, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1913, Page 2837. The mortgage has been assigned to: WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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 December 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 ....................... $99,754.90 ............................................................. Interest from 11/01/2006 through 04/30/2007 at 7.5500% .......................$3,786.52 Per Diem interest rate at $20.92 Reasonable Attorneys-Fee-at 5%-of-Principal-Balance----- as more fully explained in the next numbered paragraph ...................$4,987.75 Late Charges from 12/01/2006 to 04/30/2007 .............................................$212.89 Monthly late charge amount at $42.58 Costs of suit and Title Search ......................................................................$900.00 Escrow Advance .......................................................................................$1,301.00 Fees ..............................................................................................................$106.00 Recoverable Balance ......................................................................................$23.50 $111,072.56 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 Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has 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 Defendant 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 Defendant 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 Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $111,072.56, together with interest at the rate of $20.92, 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 Sheriff s Sale of the Property. By: , --? y LD ECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, 1 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 unworn falsification to authorities. Date:_ 0 y 11010 MORTGAGE CORPORATION E..x.hibitA r,. •r Exhibit A Legal Description - -ALL that certain tract of land situate-in west Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by John K. Bixler, III, R.P.S. dated August 28, 1989 and recorded in the Recorder of Deeds for Cumberland County in Plan Book 59, Page 72. BEGINNING at a P.K. Nail in Clay Road, T-443, at corner of Lot No. 4 as shown on plan; thence along Lot No. 4, North 18 degrees East 172.65 feet said line going through an iron pin set 27.12 feet from the P.K. Nail to an iron pin in lands of J. Dale Jardine; thence along lands of Jardine, South 72 degrees East 195.51 feet to an iron pin; thence along Lot No. 2, lands of Derek Jardine as shown on Plan, Suth 23 degrees 28 minutes 27 seconds West 175.22 feet said line going through an iron pin set 26.64 feet from a P.K. Nail to a P.K. Nail in Clay Road, T-443; thence along Clay Road, T-443, North 71 degrees 25 minutes 54 seconds West 178.80 feet to a P.K. Nail, the Place of BEGINNING. CONTAINING 0.746 ACRES AND DESIGNATED AS LOT NO. 3 AND 3-A. The above premises are being comprised of the following three parcels: 1) Thomas W. Lindsey and Janet F. Lindsey granted and conveyed to Thomas W. Lindsey and Janet F. Lindsey, his wife by their deed dated October 5, 1962 and recorded in --the Office____of_the__Recorder--of_Deeds__for- Cumberland County_ in Deed Book "Q", Volume 20, Page 1061. 2) Miriam G. Jardine, widow to Thomas W. Lindsey and Janet F. Lindsey, his wife by her deed dated July 11, 1967 and recorded in Deed Book K, Volume 22, Page 559. 3) J. Dale Jardine, et al to Thomas W. Lindsey and Janet F. Lindsey, his wife, by their deed dated October 20, 1989 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book "G" Volume 34, Page 440. Parcel #46-08-0585-013 1)11'1'913P628-56 I Certify this to be recort;zI '1_".e1and County PA ecorder of Deeds E..x.hibit B P.O. Box 11!00 Santa Ana, CA 92711-1tD0 7182 6389 3060 0965 5660 ROBERT R AUSTIN 79 CLAY STREET CARLISLE, PA 17013 ""C MORTGAGE SERVICES Febroary 02, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica Como los propietarios de casas pueden evitar perder sus hogares debido a demons de pagos. Para informacion en espailol flame a su prestamista. STATEMENTS OF POLICY Loan Number: 0121892327 Property Address: 79 CLAY STREET, CARLISLE PA, 17013 Original Lender: AMC Mortgage Services, Inc. Current Lender/Servicer: AMC Mortgage Services, Inc. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, IF YOU RAW PREVIOUSLY RZCEIVTD A DISCHARGE IN_HAWRUPTCY,_THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT B WW O"19-06 IIT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an dficial notice that them a on our home is in Man and the leader intends to foraxlose. Specific information about the nature of the default is provided in the attached ya es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) m be able to hels to save our home. This Notice explains how the program works. To see if HEM" can hd ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Nod" with ou when you meet with the Cou"eflat Atenc-y The name, address and phone number of Consumer Credit Counseling Angeles serving -your Conift are listed at the end of this Notice. If -you have u eshoa ma call the Pennsylvania Houadn Finance Agency toll free at 1-M-342-2397 (Persons with im9 j red hearlat can call (717) 780-18691 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 NOTIFICACION EN ADJUNTO ES DE SUMA U"ORTANCIA, PLIES AFECTA SU DERECHO A CONTINIIAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO Also doing business as Delaware AMC Mortgage Services, Inc., in the states of Texas, Rhode Island, and New Hampshire ARRIBA. PUEDES SEX ELEGIBLE PARA UN PB.ESTAMO POR EL PROGRAMA LI.AMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MARE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE; Z IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, z IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND : IF 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 foreclosure on your mortgage for thirty (30) days from the date of this Notice. Daring that time You must face-to-face meeting with one of the consumer credit counseling agencies listed at the end of tRump and attend a his Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 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 meet with one of the consumer credit counseling maw listed at the end of this notice. the lender may NOT take action against You for thirty (30) days after the date of tan meetma The names addresses and telephone numbers of designated consumer credit co for the county in which the nro?oerty is located are set forth at the end of the Notice. It is o nec umselmg aj face-to-face meeting. Advise your lender immediately of e9 to schedue one your intentions. APPLICATION-FOR-MORTGAG"SISTA M) - Your mawftd3s m a &efautf foiihe e u ftUfo-r*kla in this Notice (see 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, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed a Homeowner's Emergency Assistance Program Application with one of the designated consumer chit counseling genies listed at the end of this Notice. Only consumer credit counseling program and they will assist yon in submitting a coinplete applsrahon ation to o t the agencies have applications for the Your application MUST be filed or Pennsylvania Housing Finance Agency. 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 ENMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance 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 Pennsylvania Housing Finance Agency of its decision on your application. February 02, 2007 Loan Number: 0121892327 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankroptcy you can 10 apply for Emereenev Me iesso Ami.t.-- HOW TO CURE YOUR MORTGAGE DEFAULT ftNA it an to dal NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at: 79 CLAY STREET, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 12/01/06 thra 02/01107 Minimum Payments plus late charge or other fees: $2229.17 Minimum Amount to Cure Default: $2229.17 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use U not applicable): N/A HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 82229,17 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Raments_mnst be de ei her by . ?h' order made payable and sent to- AMC Mortgage Services P.O. Box 5926 Carol Stream, IL 60197-5926 Yon can core say, other default by taking the following action within THIRTY (30) DAYS of the date of this letter: t!o not use if not applicable) N/A 17 YOU DO NOT CURE THE DEFAULT-If yon do nqt cure the default of this Notice, ?e leader intends to _n.,c t ?THIRTY (39ZDAYS of the date ri=hts to a?..?..t. tti? .?.... outstanding balance of this debt will be considered due imm 8i This means that the entire mortgage ie monthly ?1y and you may lose the chance to pay the installments. If fell payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclese?nar yo=?'a-: Rfm IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you care the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to 850.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the leader even if they exceed 850.00. Any altorney' added to the amount s fees will be you owe the lender, which may also include other reasonable costs. If you care the defia_k TY (30) DAY period you will not b? r ep d to payAttankey ibm OTHER LENDER REMEDIES - The lender 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, von still hay - +h - risht L core the defnnh and arty nt he le at a_..o time no to one hour beforeh Ch riftPS ?ti You .nyydo so hyM the minimum amount then z?aR due phis any late cc other chAreae8 . then due .h itorne? S Ieea ?'+ Ca8t5 a offiect? With the fo_ recbs m sale and any other costs co aac ted with the S errff'a Sal as ??,. u in ,..,u.neby the lender and tyv T rformina aav other MdMments under the mortaaae Curing your defaalt 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 Socha Sheriffs Sale - of the mortgaged property could be held would be approximately (6) MONTHS from the date of this Notice, A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to - care the default will increase the longer you wart You may find out at any time exactly who the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: AMC Mortgage Services PO Box 11000 Santa Ana, CA 92711-1000 Phone Number 8006430-5262 Fax Number 714.347-5037 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or % may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding attomey's fees and costs are paid prior to or at the sale and that the other r payments, charges and egniremeWs of the mortgage are satisfied. YOU MAY ALSO HAVIC IUGHT: z TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY gp THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. s TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. z 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 THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) : TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, z TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. s TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGZNCI19S SERVING YOUR COUNTY ARE ATTACHED If you need additional assistance or counseling you may also find a Housing Counseling Agency in your area by calling Toll-fine (800) 569-4287 or TDD (800) 877-8339. AMC Mortgage Services Cc: AMC Mortgage Services Attn: Collections Department Loan Number: 0121892327 Mailed by 1st Class Mail and by Certified mail Homeowners' Emergency Assistance Program CUMBERLAND COUNTY 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 Captial 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 NorthFront_Stregt_ Harrisburg, PA 17110 - - - 1-800-342-2397 -Ti ,? t -1l FT ? -. -TJ - - V ? - N i (0-1) Campbell, Laura 07 :-6- 7 From: ra-jnetoperations@state.pa.us Sent: Wednesday, April 18, 2007 8:24 PM To: Campbell, Laura Subject: PFAD Document Confirmation No.20072077 against LEHMAN, ROBERT PFAD Document Confirmation No.20072077 against LEHMAN, ROBERT filed by LEHMAN, KETHA RECORD ACCEPTED BY CLEAN: 2007-04-18 20:23:33Z 9.= 1 GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attomey 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 No. 07-2007 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: 1. Plaintiff is the holder of a first mortgage upon the premises 79 Clay Street, Carlisle, PA, 17013, hereinafter, the "mortgaged premises". 2. Defendant, ROBERT R. AUSTIN, is the mortgagor and real owner of the mortgaged premises. 3. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), 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, Robert R. Austin, has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendant, Robert R. Austin, to request his concurrence. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 4. The last known address of Defendant, Robert R. Austin, is as set forth in Paragraph 2 of the Complaint. The Sheriff has been unable to effect service of the Complaint upon Defendant, Robert R. Austin, at his property address, 79 Clay Street, Carlisle, PA, 17013, after numerous attempts. The Defendant, Robert R. Austin, is currently in a VA Hospital, per Sheriff. 6. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Robert R. Austin. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant, Robert R. Austin, 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: AMC-1805 Attorney Firm: Goldbeck, McCafferty & McKeever File Name: Austin Subject Name: Robert R. Austin Property Address: Street: 79 Clay Street City: Carlisle State: PA Zip: 17013 Skip Results: Date of Birth: 08/04/1959 ProVest File Number: 199737 Last Known Dates: As of 05/24/2007 Street: 79 Clay Street Phone: 717-249-5131 City: Carlisle State: PA Zip: 17013 Death Records: As of 05/24/2007, the Social Security Administration has no death record on file for Robert R. Austin. Social Security Number search completed. Employment Search: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for Robert R. Austin as 79 Clay Street, Carlisle, PA 17013 Department of Motor Vehicle Records: The Pennsylvania Department of Motor Vehicles provided no change for Robert R. Austin from 79 Clay Street, Carlisle, PA 17013 Public Licenses (Pilot, Real Estate, etc): Search performed provided no information. Voter Registration Information : The County Voters Registration Office has no listing for Robert R. Austin. National Postal Address Search: Has no change for Robert R. Austin from 79 Clay Street, Carlisle, PA 17013 Comments: 717-249-5131: Number listed to Robert Austin at 79 Clay Street, Carlisle, PA 17013, there was no answer. 717-249-6887: Called possible neighbor, Nancy Eby, answering machine answered, no message left. 717-243-4116: Called possible neighbor, James Brant, answering machine answered, no message left. On 05/24/2007, 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. , -- subsc-dbed and sworn to before me, A#i" m f"t?it €ruret Nory f'tbl Date: 05/24/2007 AYA N ` K1M A'I TEI31i I Y Notary Pubf STATE OF 'TEXAS "' wr' commisawn r;Yp W t2-2009 SHERIFF'S RETURN - NOT FOUND r CASE NO: 2007-02007 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS AUSTIN ROBERT R 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 AUSTIN ROBERT R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT AUSTIN ROBERT R 79 CLAY ROAD CARLISLE, PA 17013 RECEIVED CALL FROM DEFENDANT. HE IS CURRENTLY IN V A HOSPITAL. Sheriff's Costs: So answex - Docketing 18.00'" Service 11.52 Not Found 5.00 R. Thomas Kline surcharge 10.00 Sheriff of Cumberland County .00 44.52 GOLDBECK MCCAFFERTY MCKEEVER 05/14/2007 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 VERIFICATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-2007 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 unworn falsification to authorities. 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 for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868" VS. ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 No. 07-2007 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, Robert R. Austin, which the Sheriff has been unable to personally serve upon Defendant, Robert R. Austin. 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, Robert R. Austin, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, David B. Fein, Esq. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY • 1 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 CERTIFICATE OF SERVICE No. 07-2007 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, Robert R. Austin, this 6t' day of June 2007, by first class mail, postage prepaid. 6) - r BY: David B. Fein, Esq IN THE COURT OF COMMON PLEAS Of Cumberland County C?:} ha 7. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02007 P ,COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS AUSTIN ROBERT R 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 AUSTIN ROBERT R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 79 CLAY ROAD , AUSTIN ROBERT R NOT FOUND , as to CARLISLE, PA 17013 RECEIVED CALL FROM DEFENDANT. HE IS CURRENTLY IN V A HOSPITAL. Sheriff's Costs: Docketing 18.00 Service 11.52 Not Found 5.00 Surcharge 10.00 .00 ? 44.52 So answers --- --?' R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 05/14/2007 Sworn and Subscribed to before me this day of A. D. 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE VS. ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 Defendant(s) Term No. 2007-2007 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" c=am `Tl "' 1T F"+ ? ? ? G+:P ? ?- J ? --°' '??ci q, w C '-- '^ ?.? 7l s N . ? C i _ SHERIFF'S RETURN - REGULAR CASE NO: 2007-02007 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS AUSTIN ROBERT R KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon AUSTIN ROBERT R the DEFENDANT , at 1909:00 HOURS, on the 26th day of July , 2007 at 79 CLAY ROAD CARLISLE, PA 17013 by handing to ROBERT AUSTIN 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: Docketing 18.00 Service 6.72 Affidavit .00 Surcharge 10.00 .00 7 34.72 Sworn and Subscibed to before me this day of , So Answers: - 1' R. Thomas Kline 07/27/2007 GOLDBECK MCCAFFERTY MCKEEVER By: 1 A. D. \ 1 In the Court of Common Pleas of Cumberland County WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. ROBERT R. AUSTIN (Mortgagor(s) and Record Owner(s)) 79 Clay Street Carlisle, PA 17013 Defendant(s) THE UNITED STATES OF AMERICA PRAECIPE FOR JUDGMENT No. 2007-2007 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 ROBERT R. AUSTIN and THE UNITED STATES OF AMERICA by default for want of an Answer. Assess damages as follows: $113,732.36 Debt Interest from 08/28/2007 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 HE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delive d to the p y ag ' t whom judgment is to be entered and to his attorney of record, if any, after the default occurred and a least ten ys or to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A. Go Jr. Attorney for ain I.D. #16132 7 fiq\ AND NOW fi ag 007 , Judgme t is entered in favor of WM SPECIALTY MORTGAGE L `, WITHOUT RECOURSE and against ROBERT R. UST and THE UNITED STATES OF AMERICA by default for want of an Answer and damages assessed in the sum of 113,7 .36 as per the above certification. Plothonotary AMQ-1805 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: August 16, 2007 TO: ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. ROBERT R. AUSTIN (Mortgagor(s) and Record Owner(s)) 79 Clay Street Carlisle, PA 17013 THE UNITED STATES OF AMERICA TO: ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 2007-2007 IMPORTANT NOTICK 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 Twine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Lhaty Avemie Carlisle, PA 17013 rflra"k 'j No GOLDBECK MCCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 ? A 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, ROBERT R. AUSTIN, is about unknown years of age, that Defendant's last known residence is 79 Clay Street, Carlisle, PA 17013, 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' C lief Action of Congress of 1940 and its Amendments. Date: 4 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. ROBERT R. AUSTIN (Mortgagor(s) and Record owner(s)) 79 Clay Street Carlisle, PA 17013 Defendant(s) THE UNITED STATES OF AMERICA IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 2007-2007 ORDER FOR JUDGMENT Please enter Judgment in favor of WM SPECIALTY MORTGAGE L WITH UT RECOURSE, and against ROBERT R. AUSTIN for failure to file an Answer in the above acti within (2 days (or sixty (60) days if defendant is the United States of America) from the date of service o the Comp int, in the sum of $113,732.36. Joseph A. G4 Attorney for I hereby certify that the above names are correct and that the pre se esid ce d ss of the judgment creditor is WM SPECIALTY MORTGAGE LLC, WITHOUT RECO E 5 C y ay West Suite 100 Orange, CA 92868 and that the name(s) and last known address(es) of th De s is/are ROBERT R. AUSTIN, 79 Clay Street Carlisle, PA 17013; GOLDBECK Mc FERTY & BY: Joseph A. G rdbe ck, J r. Attorney for Plai rt e , ? wr? r +; GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE Plaintiff v. ROBERT R. AUSTIN AND UNITED STATES OF AMERICA Defendants STIPULATION CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-2007 It is hereby stipulated and agreed by and between WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, plaintiff, and the defendant, United States of America, as follows: 1. That the premises referred to in the Plaintiffs Complaint is owned by the defendant(s), ROBERT R. AUSTIN. 2. The plaintiff filed an action in mortgage foreclosure to the above number and term, and named as defendant(s), ROBERT R. AUSTIN. 3. The parties hereby agree that the United States of America shall, and hereby is, named as a party in the above action, in accordance with 28 U.S.C. § 2410 et seg. 4. The United States of America hereby accepts service of the complaint and waives its right to file an answer or other responsive pleading thereto, and waives any objection it may have to the judgment entered against the defendant(s). IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 5. The United States of America has 1 tax lien(s) against the property which is/are j ?= e=" LO ¦ i subject to the action of mortgage foreclosure dated May 30, 2006, 2006-3078, totaling $9,921.23, both entered in the Prothonotary's office of Cumberland County Pennsylvania. 6. That the Federal Tax Liens described in Exhibit "A" to this Stipulation are junior in time to the Plaintiffs mortgage set forth in paragraph three (3) of plaintiffs Complaint. 7. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 8. That the defendant, United States of America, is not indebted to the plaintiff. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which was served on the defendant, United States of America. 10. That the judicial sale of said property shall discharge the Federal Tax Lien described in Exhibit "A". 11. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due the United States shall be sent to the Internal Revenue Service, PO Box 1267, Harrisburg, PA 17108-1267. The check shall be made payable to "United States Treasury" and shall include the name and social security number of the taxpayer. 12. That the defendant, United States of America, preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). 13. The parties to this Stipulation shall bear their own respective costs in this proceeding. Dated: May 25, 2007 4 X 00V **401040ar? By. Michael T. McKeever, Esquire Attorney for Plaintiff THOMAS A. MARINO United States Attorney Dated: BY: I'j&n,- OL %.X.- Melissa Swauger Assistant U.S. Attorney Attorney for United States of America 4 L' s .. A 1 ; t ftdy 13et1 Agency, Inc. 701 Market Street, Mellon Independence Center - Suite 5001, Philadelphia, PA 19106 (215) 625-3660 ? FAX: (215) 625-3689 Tuesday, April 17, 2007 FORECLOSURE REPORT Order #: LBA-27708 THIS SEARCH COVERS THE PERIOD TO: 04/04/2007 PREMISES: 79 Clay Street, Carlisle, PA,17013 PARCEL NUMBER(s): TAX ASSESSMENT(S): 46-08-0585-013 2007 $104,770.00 OWNER OF RECORD: Robert R Austin, married by deed from Robert R. Austin and Iranae R. Austin, husband and wife Dated: 6/17/05 and recorded: 7/6/05 in Book 1913 page 2837 FEDERAL LIENS: #2006-3078 5/30/06 $9,921.23 -vs- Robert R. Austin US Treasury Dept. Pittsburgh Office, Room 808, 1000 Liberty Avenue Pittsburgh, Pa. 15222 BANKRUPTCIES: None of record DELINQUENT Delinquent taxes and tax claims, if available, are shown hereafter. Possible additional tax delinquencies may exist, but TAXES: may not be readily available. Certifications need to be obtained to determine whether outstanding tax obligations exist Taxes are delinquent for 2006. 2006 Taxes $1,916.71 MUNICIPAL LIENS: None of record MORTGAGES: 2 of record $101,000.00 Robert R. Austin To: Ameriquest Mortgage Co. 1100 Town & Country Road, Ste 200, Orange, Ca. 92868 Dated: 6/19/05 and recorded: 7/6/05 in Book 1913 page 2837 $27,000.00 Robert R. Austin To: Pennsylvania Housing Finance Agency 211 N. Front Street, Harrisburg, Pa. 17105 Dated: 7/14/06 and recorded: 8/1/06 in Book 1960 page 2837 JUDGMENTS: None of record MECHANICS CLAIMS: None of record Other Claims/Liens: None of record SUPPORT LIENS: Overdue support payments become liens on all real property owned by an obligor on the date the payment was due. Certifications may need to be obtained to determine the priority of the lien relative to the lien being forclosed. Pa.R.C.P. 3129 Notice should be sent to the PA Department of Public Welfare and the Cumberland Domestic Relations Office. Contact this office if mailing addresses are requested. REMARKS: None Liberty Bell Agency, Inc. certifies these search results as based upon the examination of evidence recorded in the appropriate public records for those categories searched. Upon frill payment of the price of this report, liability hereunder, in an amount not exceeding $2000 dollars, is assumed by Liberty Bell Agency, Inc. solely in its capacity as an abstracter for its negligence, mistakes or omissions, and only for the time period searched. This report does riot constitute title insurance, nor is it a commitment to issue title insurance. This report shall NOT be used in a real estate or loan settlement or closing, as possible additional public records may need to be searched, and additional requirements may be added to this report. Page 1 of 2 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. ROBERT R. AUSTIN Mortgagor(s) and Record Owner(s) 79 Clay Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 2007-2007 THE UNITED STATES OF AMERICA CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of action, and I further certify that this property is subject to Act 91 of 1983 and the P the provisions of the Act. the Plaintiff in this complied with all Joseph A. Gi Attorney for ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 11/01/2006 through 08/27/2007 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Advance Fees Recoverable )balance $99,754.90 $6,276.00 $4,987.75 $383.21 $900.00 $1,301.00 $106.00 $23.50 $113,732.36 GOLDBECK] BY: Joseph A. Attorney for P. McKEEVER AND NOW, this 01i4k day of A , 2007 damages are assessed as above. P lo Prothy C'? -a on .4 . _ C E i Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. ROBERT R. AUSTIN (Mortgagors and Record Owner(s)) 79 Clay Street Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant(s) No. 2007-2007 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. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: ?K8 Deputy If you have any questions concerning the above, please contact: 8?a9 A007 Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 4 r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. ROBERT R. AUSTIN Mortgagor(s) and Record Owner(s) 79 Clay Street Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 2007-2007 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 08/28/2007 to Date of Sale at 7.5500% (Costs to be added) $113,732.36 GOLDBECK McC ERT McKEEVER BY: Joseph A. Goldb k, J . Attorney for Plaintiff '.. 0 ? x N a ? a a r ? {3] N d C7?'> N ? ?O O a?L WR'+ W H 3 d ? U p W ?W r fiA p U ?? a `o V ?rT O >U U O U N N ai 0 0 r. A+ a P+ O 6 4? ? Q v tJ a w A 44 • a ALL that certain tract of land situate in West Pennsboro Township, Cumberland, County, Pennsylvania, bounded and described in accordance with a plan prepared by John K. Bixler, III, R.P.S dated August 28, 1989 and recorded in the Recorded of Deeds for Cumberland County in Plan Book 59, Page 72. BEGINNING at a P.K. Nail in Clay Road, T-443, at corner of Lot No. 4 as shown on plan; thence along Lot No. 4, North 18 degrees East 172.65 feet said line going through an iron pin set 27.12 feet from the P.K. Nail to an iron pin in lands of J. Dale Jardine; thence along lands of Jardine, South 72 degrees East 195.51 feet to an iron pin; thence along Lot No. 2, lands of Derek Jardine as shown on Plan, Suth 23 degrees 28 minutes 27 seconds West 175.22 feet said line going through an iron pin set 26.64 feet from a P.K. Nail to a P.K. Nail in Clay Road, T-443; thence along Clay Road, T-443, North 71 degrees 25 minutes 54 seconds West 178.80 feet to a P.K. Nail, the Place of BIGINNING. CONTAINING 0.746 ACRES AND DESIGNATED AS LOT NO. 3 AND 3-A. TAX PARCEL NO: 46-08-0585-013 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. ROBERT R. AUSTIN (Mortgagor(s) and Record Owner(s)) 79 Clay Street Carlisle, PA 17013 Defendant(s) THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 No. 2007-2007 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 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: 79 Clay Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 THE UNITED STATES OF AMERICA Suite 220, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 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 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 US TREASURY DEPT. PITTSBIRGH OFFICE, ROOM 808, 1000 LIBERTY AVENUE PITTSBURGH, PA 15222 4. Name and address of the last recorded holder of every mortgage of record: PENNSYLVANIA HOUSING FINANCE AGENCY 211 N. FRONT STREET HARRISBURG, PA 17105 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 79 Clay Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to best o my personal knowledge or information and belief. I understand that false statements herein are made subj to the p alties o '18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: August 27, 2007 ?. GOLDBECKJ BY: Joseph A. Attorney for P ZTY & McKEEVER Jr., Esq. r-j t_ ? -r7 .. :ern -41 Jr 2007-2007 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. ROBERT R. AUSTIN Mortgagor(s) and Record Owner(s) 79 Clay Street Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant(s Term No. 2007-2007 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: AUSTIN, ROBERT R. ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 Your house at 79 Clay Street, Carlisle, PA 17013 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 $113,732.36 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 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 Jr A" 2007-2007 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. 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 f •Ir 2007-2007 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 800-211-6926 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(a,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 AMQ-1805. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. w r In 2007-2007 GOLDBECK MCCAMRTY & 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE VS. ROBERT R. AUSTIN Mortgagor(s) and Record Owner(s) 79 Clay Street Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant(s) Term No. 2007-2007 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: THE UNITED STATES OF AMERICA Kim Stevens Suite 220, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 Your house at 79 Clay Street, Carlisle, PA 17013 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 $113,732.36 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 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 ir s I., , 2007-2007 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. 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 2007-2007 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 800-211-6926 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(n,,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 AMQ-1805. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2007 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff (s) From ROBERT R. AUSTIN (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 $113,73236 L.L. $.50 Interest FROM 8/28/07 TO DATE OF SALE AT 7.5500% Atty's Comm % Due Prothy $2.00 Atty Paid $208.24 Plaintiff Paid Date: AUGUST 29, 2007 Other Costs (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQ. Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy 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 19106-1532 215-627-1322 AMQ-1805 CF: 04/ l 1 /2007 SD: 12/05/2007 $113,732.36 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. ROBERT R. AUSTIN Mortgagor(s) and Record Owner(s) 79 Clay Street Carlisle, PA 17013 Defendant(s) THE UNITED STATES OF AMERICA CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2 Term No. 2007-2007 Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ectfully submitted, 13 . oseph A. ldbec Jr. Attorney for Plaintiff ?L D K ? S h U- U 00 .. W OHO 1 ? ? k O aW 0¢$ 41 m U. 0 r NP ?Q3.tMn ° o M a ? o Q s ?? a s b r Q ? YY ' C o c? ? W Q J V PK M CfV LU ? np $ ZZQ aio U U E o Z ?W r ti °o z ?r m Z LL a? Ul T Fc 3S O CL ? ' o av p w? a i3 133 w L uj -a co i in LU,- Q >-O C<L a CO) E O ?P U Q hV?ti d ?x = ZZ Q Z? ro? FS s O? a U V 'ut _ F-} c??a to F- x m Q p cN Q. d QI 3.. k!} Co -1 m Xm LL? (jjd a 1313000 WZ OZ ?oo 1 Uj M. m a? ? w Zz >. m _ ? rg 00-0 m amxa x ?a a CL< m a fl m E i W Q a ?$YW W CD us E?F 0 F) ? 0 A !! ? d `- N C 6 a O e a 0 .31 a s N w O d n ti co eh d ti 8 0 a m ca 0 (D cc 0) r.?r C U c co .o U u? co Q Z CO Q W m t}NITEDSTATES AMPOSTAL SERME. Date Produced: 09/17/2007 GOLDBECK MCCAFFERTY & MCKEEVER The following is the delivery information for Certified item number 7111 4342 3630 0017 1565. Our records indicate that this item was delivered on 09/13/2007 at 12:26 p.m. in CARLISLE, PA, 17015. The scanned image of the recipient information is provided below. Signature of Recipient: VAn led w Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representitive. N Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. V ' w. Customer Reference Number: 434045316625576 1 k I A-71 in Date Produced: 09!17!2007 1 v y- GOLDBECK MCCAFFERTY & MCKEEVER The following is the delivery information for Certified item number 7111 4342 3630 0017 1558. Our records indicate that this item was delivered on 09/13/2007 at 12:52 p.m. in HARRISBURG, PA, 17101. The scanned image of the recipient information is provided below. n Signature of Recipient:-- qtT Wlgeda,l Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representitive. Sincerely, United States Postal Service The customer reference njimber shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 4340453 16625576 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. ROBERT R. AUSTIN Mortgagor(s) and Record Owner(s) 79 Clay Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Term No. 2007-2007 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 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: 79 Clay Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 THE UNITED STATES OF AMERICA Suite 220, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL, ACTION - LAW ACTION OF MORTGAGE FORECLOSURE US TREASURY DEPT. PITTSBIRGH OFFICE, ROOM 808, 1000 LIBERTY AVENUE PITTSBURGH, PA 15222 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 4. Name and address of the last recorded holder of every mortgage of record: PENNSYLVANIA HOUSING FINANCE AGENCY 211 N. FRONT STREET HARRISBURG, PA 17105 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 79 Clay Street Carlisle, PA 17013 (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: October 18, 2007 BECK cCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff <`:'? - N Mai t WM Specialty Mortgage LLC without recourse In the Court of Common Pleas of VS Cumberland County, Pennsylvania Robert R. Austin Writ No. 2007-2007 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 25, 2007 at 1500 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: Robert R. Austin, by making known unto Donna Yohn, adult in charge, at 79 Clay Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1029 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 Robert R. Austin located at 79 Clay Road, Carlisle, 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 defendant, to wit: Robert R. Austin by regular mail to his last known address of 79 Clay Road, Carlisle, PA 17013. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Joseph Goldbeck. Sheriff s Costs: Docketing 30.00 Poundage 1995.10 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 2.00 Mileage 13.44 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 262.16 Share of Bills 14.92 Postpone Sale 20.00 ? ? `??°y ^- $2738.12 ? ? So Ans%%?:??? R. Thomas Kline, Sheriff BY Real Estate Sergeant a.1-:'b 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. ROBERT R. AUSTIN (Mortgagor(s) and Record Owner(s)) 79 Clay. Street Carlisle, PA 17013 Defendant(s) THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 No. 2007-2007 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 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: 79 Clay Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 THE UNITED STATES OF AMERICA Suite 220, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 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 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 2007-2007 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. ROBERT R. AUSTIN Mortgagor(s) and Record Owner(s) 79 Clay Street Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant(s Term No. 2007-2007 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: AUSTIN, ROBERT R. ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 Your house at 79 Clay Street, Carlisle, PA 17013 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 $113,732.36 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 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 2007-2007 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. 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 2007-2007 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 800-211-6926 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@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 AMQ-1805. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. e ALL that certain tract of land situate in West Pennsboro Township, Cumberland, County, Pennsylvania, bounded and described in accordance with a plan prepared by John K. Bixler, III, R.P.S dated August 28, 1989 and recorded in the Recorded of Deeds for Cumberland County in Plan Book 59, Page 72. BEGINNING at a P.K. Nail in Clay Road, T-443, at corner of Lot No. 4 as shown on plan; thence along Lot No. 4, North 18 degrees East 172.65 feet said line going through an iron pin set 27.12 feet from the P.K. Nail to an iron pin in lands of J. Dale Jardine; thence along lands of Jardine, South 72 degrees East 195.51 feet to an iron pin; thence along Lot No. 2, lands of Derek Jardine as shown on Plan, Suth 23 degrees 28 minutes 27 seconds West 175.22 feet said line going through an iron pin set 26.64 feet from a P.K. Nail to a P.K. Nail in Clay Road, T-443; thence along Clay Road, T-443, North 71 degrees 25 minutes 54 seconds West 178.80 feet to a P.K. Nail, the Place of BIGINNING. CONTAINING 0.746 ACRES AND DESIGNATED AS LOT NO. 3 AND 3-A. TAX PARCEL NO: 46-08-0585-013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-2007 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff (s) From ROBERT R. AUSTIN (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 gamishee(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 $113,732.36 L.L. $.50 Interest FROM 8/28/07 TO DATE OF SALE AT 7.5500% Atty's Comm % Due Prothy $2.00 Atty Paid $208.24 Other Costs Plaintiff Paid Date: AUGUST 29, 2007 (Seal) La FULy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQ. Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 n Real Estate Sale # 59 On September 5, 2007 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 79 Clay Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 5, 2007 By: , J6 c(,q Real Estate Sergeant T he Patriot-News Co. or ' . P , 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4f Pat"n*0t'WXT(Ws 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. RNi IE9ftle !ai ft 80 Yl12LNl ff131-IIOr??twmislrnd , This ad ran on the date(s) shown below: Vlfitltout 10124/07 VS - 4 Robert R. Austht 10/31107 Atty. Joseph Csotdbeck 11107/07 DESCFUPTM ALL tW ceztam user of ]sod side rn west Peonsbom Towohip, CasberhrA County, Pennsylvania, bounder and described is accordance with a 00 p pared by `Jahn, IC Bute; ]A "S dated August 29,1%9 and Sworn to 4d ?scribed this 30 day of November, 2007 A.D. recorded in the Recorded of Deeds for CmtibalsadCoady m Pun Boot59, Page 72 REGOMM at a PJL Nail is Clay Road, T- 443, at corner of tot'No. 4 as Ann on pion; Notary Public thence along Lot No. 4, North 18 degrees East 172.65 fact said line 90" through an iron pin set 27.12fa dfionattlR .Nileuaeieepiain loads of L D de Jardira; trace along low Jardine, Sarlh 72 degim Bast 19551 feet to ironPn theaaI,ot y COMMONWEALTH OF PENNSYLVANIA Jardine as shown on Plan, Sath 23 d Notarial Seal owes 27 seconds West 175.22 feat said We James L. Clark. Notary Pulft -going bough an iron * sa 26.64 feet from a City Of Hamsburg, Dauphin County P.S. Nail to a P X Nail in Clay Road, T443; My Commission E)pres June 2, 2008 thence 2along 5,mClay ?Road, st N94 71 80 ea Member, Pennsylvania Association of Notaries 40 NsPlme We ? CONTAMG 0.746 ACRES AND DPSIGMM AS UV11 D. 3 AND 3,A. TAX PARCEL1 0.46494IM413 . 14 i 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. r REAL ESTATE SALE NO. 59 Writ No. 2007-2007 Civil WM Specialty Mortgage LLC, Without Recourse V& Robert R. Austin Atty.: Joseph Goldbeck DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland, County, Pennsylvania, bounded and described in accor- dance with a plan prepared by John K. Bixler, III, R.P.S. dated August 28, 1989 and recorded in the Recorded of Deeds for Cumberland County in Plan Book 59, Page 72. BEGINNING at a P.K. Nail in Clay Road, T-443, at corner of Lot No. 4 as shown on plan; thence along Lot No. 4, North 18 degrees East 172.65 feet said line going through an iron pin set 27.12 feet from the P.K. Nail to an CLi Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 9 day of November 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 -. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 2007-2007 Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: only. Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs z /114436 JOSEPH A. GOLDBECK, JR., ESQUIRE C"> ev 'aU ? -? r7l r. x T cn om p/` r, GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6312 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. ROBERT R. AUSTIN 79 Clay Street Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 2007-2007 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE ° C s a te, ua -.?