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HomeMy WebLinkAbout07-2317GOLDBECK 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff VS. CINDY L. RICHARDS Mortgagor and Real Owner 192 Texaco Road Mechanicsburg, PA 17050 Defendant Term GiVIL ACTON: PrG+RLCL_08U+RF 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. 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 b 7 - a31-7, (' - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ' 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-ABOrxADO ENSEGUIDA. SI USTED NO TIENE UN AI30GADO, 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 TWORMArlnAT ArVnn A A nr.LT/YT An -1 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. 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. u 4). Call the Plaintiff (your lend Retention options er) at and ask to speak to someone about Loss Mitigation or Home . 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(ajzoldbecklaw 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-1954. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, 51 E. Bethpage Road, Plainview, NY >>M11 2. The names and addresses of the Defendant is CINDY L. RICHARDS, 192 Texaco Road, Mechanicsburg, PA 17050, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On January 11, 2005 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 1894, Page 1241. The mortgage has been assigned to: U.S. BANK NATIONAL ASSOCIATION 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 October 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 .................................... ......$244,057.09 Interest from 09/01/2006 through 04/30/2007 at 8.6500% ..................... $13,994.85 Per Diem interest rate at $57.83 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in e next numbered pazagrap ................. Late Charges from 10/01/2006 to 04/30/2007 ...................................... ...$808.71 Monthly late charge amount at $115.53 Costs of suit and Title Search ...................................................................... $900.00 Fees .............................................................................. $27.00 .................................. Recoverable Balance ....................................................................................$340.55 $272,331.05 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 Sheriffs 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 nersonam" 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 coed and regular mail, as required by Act 160 of 1998e 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 Counseling Agency. or any appropriate WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $272,331.05, together with interest at the rate of $57.83, 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: G DBECK MCCAFFERTY & MCKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Joy Vanish, 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 ?P?ERGC PUBM NOJW Wake CO y 3, 00 E...X,hibit A L-- , - 04/04/2007 15:43 7626218 KORNERSTONER PAGE 04 ALL THAT MTAW lot of land situate in Silver Spring Township. Co®ty of Cumberland and th of bommftd t ibed-ae Mews. W-?- BEGl1MINo at a point in the centerline of Texaco Road at the Southheet Corner of Lot No. 4 on the 1>areinait r meftWked Plan of Lots. which point is 858.5 fed from the centerline of Rea" Road.; Race along Lot No. 4 on.the said flan of Lots, North 47 degrees 30 mwutes West, 291.07 feet to an hens pat at line of lands now or A=c,dy of Fllgltt Systems, loc.;..theax along said Us% North 47 degrees 39 mlaatce East, a diatand:e of 295.33 feet to an iron pin at line of lands now or 1b m fly of Muft H. FichAmnw, tthen cas along said lands now or formerly of Marlin H. Eichelberger, South 43 degrees 42 minutes Beat, 765.17 feat to the centerline of T= w Road (which point is 582.5 fut fteom the mtaime of Hcmpt Rte; tea ce along said ceziftlinc, South 42 degrees 30 minutes West, a distanme of 276.0 feet to a point, the place of beginning. BEING Lot No. 1 on the Final Awubdivision plan for John B. Krasner, dead March 18, 1982 and recorded in Plan. Reeord Book 42, Page 47, Cwbberland County records. HAVING thereon a=teed a dwelling house and garage imown and numbered as 192 Texaco Road, R MG THE SAME PREMISES WHICH Dalc E. Johnson and Dorotby M. Johnson, his wife, dad by Deed elated 2/17/1994 and recorded 2124/1995 in the County of Cumberland in Deed Book 118, Page 1099 conveyed taro Sbephm C. Canaan and Roxawe E. Cassel,,hia wifo, in fen. AND BUNG THE SAME PRBUBES sold to l?anufacttmtre and Tred= Trost Company, Trustee for Seca dtization Scrics,1997-3, Agrvewwt dated.61111997, By and Tbtouglt its Loan Savietir g Agent, Fairbanks Capital Coy madon on I 1 after due adve:dsemest according to lsw..undcr and by vh ua of a Foreclosure Judgment and Writ of won ffied 6/11/2003 out of the Court of Common Pleas of Cumberlaod Cosmty Duelft . 01531 at the suit of Manufacnsre:s and Traders Trust Company, Tkusme for Securiftsdon Series 11997.3, Agreemetat dated 611/1997. By and Through its Loan Servicing Agent, Fairbanks Capkd Gorposation.agahe Stephen C. Cased and ? oxauc E. Cassel. AND ALS& BEING.. THE SAME PREMLSES which the Sheriff of the County of Cumberland, Peonsylvania by Deed Pall•dated / i and recorded I I its 60e Ceaaty -of Cn rLmd in Record Book Fuge 4'Y- 1UGHUMMUM111 111111111111'' - Sec:uritixation? Series 1997-3', Agrcumeot darned 611/ 1'99?, By and Through its Loan Servicing Agent, Fairb Capital Cavor'ation, Tax Parcel #38-21-0295-026 i to be recorded ialid County PA Recorder of Deeds ARACOR SEARCH 4 ABSTRACT sERVICK I NC. ONE PENN CENTER 1617 JAK. 90 &ARC, BORE 305 ELPHU.PA 181W 261 ME145i. Exhibit (B HK)bIBQ SEWICZNG DF785 December 4, 2006 CINDY L RICHARDS 192 TEXACO ROAD MECHANICSBURG, PA 17050 HOMEOWNERS NAME(S): CINDY L RICHARDS PROPERTY ADDRESS: 192 TEXACO RD MECHANICSBURG, PA 17050 LOAN ACCOUNT NUMBER: 0323662353 CURRENT LENDER/SERVICER: HomEq Servicing ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort a e on our home is in default and the lender int nds t foreclose. S ecific 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 hell? o you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY TE 011-11111 TIC oil S--bQ E. Take this en you meet the counseling a gncY 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 m ?aued hearing can ca11717-780-1869 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 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 AC 7 • 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 MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSI TAN E- YO T 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 telephone numbers of designated consumer counseling a encies for the coon in which our property 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 Homeowner s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s 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. 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 PE I I 11UN 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: 192 TEXACO RD MECHANICSBURG, PA 17050 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: $5,776.62 c) Late Charges: $346.59 d) Recoverable Corporate Advances: $8.80 e) Other Charges and Advances: $0.00 0 Less funds in Suspense: ($0.00) g) Total amount past due as of (due date): $6,132.01 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 $$6,132.01 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 cashier s check, certified check or money order made payable to HomEa and sent to Regular Mail 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 intends to exercise its rigl?ts to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediate) and you ma lose the opportunity to a the mortgage in month) 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 vour mortgaged provertv. 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 nay 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 anv time W to one hour before the Sheriff s Sale You ma do sob a inthe total amount then past due lus an late char es 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 Sheriff s 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 r-lruFnuV AATV Turn„ .,.,, ,., U 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 T77T-TT 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 1 (800) 342-2397 r-1, 0 V, 7:9 c ? J ? c?31 ?o In the Court of Common Pleas of Cumberland County U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 °.Nla*1Fff - VS. CINDY L. RICHARDS (Mortgagor(s) and Record Owner(s)) 192 Texaco Road Mechanicsburg, PA 17050 Defendant(s) No. 07-2317 CIVIL TERM PRAECIPE FOR JUDGMENT 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 CINDY L. RICHARDS by default for want of an Answer. Assess damages as follows: Debt Interest from 06/02/07 to Date of Sale Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERT I certify that written notice of the intention to file this praecipe was mailed or deliver d to is to be entered and to his attorney of record, if any, after the default occurred and at least filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A. Goh Attorney fI.D. #1613;0 AND NOW 111 0 BANK NATIONAL ASSOCIATION AS TRUSTEE and against CINDY L. RICHAR and damages assessed in the sum of $274,412.67 as per the above certification. $274,412.67 ALLEGED TO (against whom judgment prior to the date of the Jr. Ent is entered in favor of U.S. default for want of an Answer Prothonotary MS-1954 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: May 17, 2007 TO: CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 In the Court of U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Common Pleas 51 E. Bethpage Road of Cumberland County Plainview, NY 11803 Plaintiff CIVIL ACTION - LAW VS. CINDY L. RICHARDS Action of (Mortgagor(s) and Record Owner(s)) Mortgage Foreclosure 192 Texaco Road Mechanicsburg, PA 17050 Term No. 07-2317 CIVIL TERM Defendant(s) TO: CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 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 20savfia- C.'a - eck-74 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, CINDY L. RICHARDS, is about unknown years of age, that Defendant's last known residence is 192 Texaco Road, Mechanicsburg, PA 17050, 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 Soldier: of Congress of 1940 and its A Date: 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff vs. CINDY L. RICHARDS (Mortgagor(s) and Record owner(s)) 192 Texaco Road Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 07-2317 CIVIL TERM ORDER FOR JUDGMENT Please enter Judgment in favor of U.S. BANK NATIONAL ASS CINDY L. RICHARDS for failure to file an Answer in the above action N defendant is the United States of America) from the date of service of the Joseph A. Gi Attorney for I hereby certify that the above names are correct and that the pi creditor is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 5 and that the name(s) and last known address(es) of the Defendant(s) is/ Road Mechanicsburg, PA 17050; GOLDBECK] BY: Joseph A. Attorney for P' TIO AS TRUSTEE, and against (20) pays (or sixty (60) days if )la' , in the sum of $274,412.67. n9p ess of the judgment ,e Ro Plainview, NY 11803 L. RACHARDS. 192 Texaco Jr. McKEEVER ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 09/01/2006 through 06/01/2007 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Fees Recoverable Balance $244,057.09 $15,845.41 $12,202.85 $1,039.77 $900.00 $27.00 $340.55 $274,412.67 BY: Joseph A. Goldb Attorney for Plaintiff & McKEEVER AND NOW, this S4k4ay of 1jUj 3F--,.2007 damages are assessed as above. Pro Prothy {•CL. C ?r y \' C? N Gl c? t t.T1 m f?-- .?? rn 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff vs. CINDY L. RICHARDS Mortgagor(s) and Record Owner(s) 192 Texaco Road Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-2317 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 06/02/07 to Date of Sale at 8.6500% $274,412.67 (Costs to be added) W Z ?O ? ? W y ?' E"' * V 0 U °) 0 no 0 ? d a p U no a i > N uU v A ? N N r, N 0 c? 4-P4 40 l.S? ? ? y . _ •. y Mr C.7 C.. Q c7x?_ I'. in I*r {?.. M Y? `jt • V ALL THAT CERTAIN lot of land situate in Silver Spring Township, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the centerline of Texaco Road at the Southeast corner of Lot No. 4 on the hereinafter mentioned Plan of Lots. Which point is 858.5 feet from the centerline of Hempt Road; thence along Lot No. 4 on the said Plan of Lots, North 47 degrees 30 minutes west, 291.07 feet to an iron pin at line of lands now or formerly of Flight Systems, Inc.; thence along said lands, North 47 degrees 39 minutes East, a distance of 295.53 feet to an iron pin at line of lands now or formerly of Marlin H. Eichelberger; thence along said lands now or formerly of Marlin H. Eichelberger, South 43 degrees 42 minutes East, 265.17 feet to the centerline of Texaco Road (which point is 582.5 feet from the centerline of Hempt Road); thence along said centerline, South 42 degrees 30 minutes West, a distance of 276.0 feet to a point, the place of beginning, BEING Lot No. 1 on the Final Resubdivision Plan for John B. Kremer, dated March 18, 1982 and recorded in Plan Record Book 42, Page 47, Cumberland County records. HAVING thereon erected dwelling house and garage known and numbered as 192 Texaco Road. Tax parcel no: 38-21-0295-026 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2317 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U. S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff (s) From CINDY L. RICHARDS (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 $274,412.67 L.L. $.50 Interest FROM 6/2107 TO DATE OF SALE AT 8.6500% Atty's Comm °ja Due Prothy $2.00 Atty Paid $156.60 Plaintiff Paid Date: JUNE 5, 2007 (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR. ESQUIRE 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 Other Costs Deputy 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW CINDY L. RICHARDS (Mortgagor(s) and Record Owner(s)) 192 Texaco Road Mechanicsburg, PA 17050 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 07-2317 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 U.S. BANK NATIONAL ASSOCIATION 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: 192 Texaco Road Mechanicsburg, PA 17050 1.Name and address of Owner(s) or Reputed Owner(s): CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 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 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 192 Texaco Road Mechanicsburg, PA 17050 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the be tmpeerrso nowledge or infor mation and belief. I understand that false statements herein are made subject to th . C.S. Section 4904 relating to unsworn falsification to authorities. DATED: June 1, 2007 GOLDBECK McCAFFARTX & McKEEVER BY: Joseph A. Goldbeck Jr., q. Attorney for Plaintiff t`T ?,?- C7 r C? «? rrl r - Cil ?. 07-2317 CIVIL TERM U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff vs. CINDY L. RICHARDS Mortgagor(s) and Record Owner(s) 192 Texaco Road Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-2317 CIVIL TERM 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 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 TO: RICHARDS, CINDY L. CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 Your house at 192 Texaco Road, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $274,412.67 obtained by U.S. BANK NATIONAL ASSOCIATION 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 U.S. BANK NATIONAL ASSOCIATION 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 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. r 07-2317 CIVIL TERM 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 Sheriff s 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 07-2317 CIVIL TERM 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 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 MS-1954. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. -? ? e ? c:-: rte ,r-- c7 r7 -Y, T3 ^ _T SHERIFF'S RETURN - REGULAR CASE NO: 2007- 2317 P COMMONWEALTH 0 PENNSYLVANIA: COUNTY OF CUMB RLAND U S BANK NATIO AL ASSOCIATION RICHARDS CINDYI L MICHAEL BARRIO , Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with'n COMPLAINT - MORT FORE was served upon RICHARDS CINDY L the DEFENDANT at 192 TEXACO at 1739:00 HOURS, on the 26th day of April , 2007 MECHANCISBURG,1PA 17050 JOSH THUMMA by handing to ADULT IN CHARGE a true and attlested 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 9.60 Affidavit .00 Surcharge 10.00 .00 ?`,2S f 6 ? 37.60 Sworn and Sub cibed to before me thi day of , So Answers: R. Thomas Kline 04/27/2007 GOLDBECK MCCAFFERTY MCKEEVER Deputy SWerif 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 MS-1954 CF: 04/20/2007 SD: 09/05/2007 $274,412.67 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff vs. CINDY L. RICHARDS Mortgagor(s) and Record Owner(s) 192 Texaco Road Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-2317 CIVIL TERM CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) 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 Fcompetemad (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. es t , BY: Jos h A. Go dbeck, Jr. Att me for Plaintiff . I? ?I y I?, m+ ,- m ? 00 o ON 0) ti l l r- A I to ? ? t o u . d? ?fPi? O O K' a" a Is's as ?s z w If Q i 0000 o m 8 ?c o LOL- F zu'i E ng w ???Q V m 8? ??°-d'?sg xa ? 8 us x a w OO000 o &E N $U? aMUM ai ?V?Y?MI b m V- moFW Ow co?a4 I? N jri Iv i ? ? C i 1 I F3 r i I I I od 0 .J i L $ o a O D m 9 N ggg a ? 2 S d, C U ? J : 13 E 1- ` j to b ?? U U.S. Bank National Association As Trustee VS Cindy L. Richards In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-2317 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2007 at 1609 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: Cindy L. Richards, by making known unto Josh Thumma, adult son of Cindy L. Richards, at 192 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2007 at 1215 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 Cindy L. Richards located at 192 Texaco Road, Mechanicsburg, 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: Cindy L. Richards, by regular mail to her last known address of 192 Texaco Road, Mechanicsburg, PA 17050. This letter was mailed under the date of July 3, 2007 and never returned to the Sheriffs Office. So Answers:: R. Thomas Kline. Sheriff BY Real Estate ergeant GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. CINDY L. RICHARDS Mortgagor(s) and Record Owner(s) 192 Texaco Road Mechanicsburg, PA 17050 ACTION OF MORTGAGE FORECLOSURE Term No. 07-2317 CIVIL TERM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 U.S. BANK NATIONAL ASSOCIATION 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: 192 Texaco Road Mechanicsburg, PA 17050 1.Name and address of Owner(s) or Reputed Owner(s): CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 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 192 Texaco Road Mechanicsburg, PA 17050 (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: August 9, 2007 GO DB CK WCAFFERT`f' & f BY Jos h A. Goldbeck, Jr., Esq. Attorne for Plaintiff C> ?? ? ?t -r 3 fi=x ' r ? e ?? ?.:." , ? G j .-?, ? ?? ,?? ?? i ..-?- -. T ?1 ? W . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which HomeEa is the grantee the same having been sold to said grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 5th day of June, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2317, at the suit of U S Bank N A Assoc Tr against Cindy L Richards is duly recorded as Instrument Number 200737175. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this Uc? day of J-tj-)Z?Z4 A.D. o-O of Deeds ROCOWW of C1e0040, LJifi( yfii]fl(y wooly, C/&(*, PA MY Comehs m Expires the Flret Moray of im 2010 U.S. Bank National Association As Trustee VS Cindy L. Richards In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-2317 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2007 at 1609 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: Cindy L. Richards, by making known unto Josh Thumma, adult son of Cindy L. Richards, at 192 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2007 at 1215 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 Cindy L. Richards located at 192 Texaco Road, Mechanicsburg, 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: Cindy L. Richards, by regular mail to her last known address of 192 Texaco Road, Mechanicsburg, PA 17050. This letter was mailed under the date of July 3, 2007 and never returned to the Sheriffs Office. 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 September 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 HomEq. It being the highest bid and best price received for the same, HomEq of 1100 Corporate Center Drive, Raleigh NC 27607 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $919.26. Sheriff s Costs: Docketing $30.00 Poundage 18.02 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 17.28 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 293.27 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $ 919.26 ? iD J"/O 7 ?,, So An ee r 0-," I?Q-? ? , .7?- At 0?1 R. Thomas Kline, Sheriff BY Real Estate Sergeant XdAk? c4L GOY/I &., /9%G 73 i ' 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff VS. CINDY L. RICHARDS (Mortgagor(s) and Record Owner(s)) 192 Texaco Road Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-2317 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 U.S. BANK NATIONAL ASSOCIATION 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: 192 Texaco Road Mechanicsburg, PA 17050 1.Name and address of Owner(s) or Reputed Owner(s): CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 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 4. Name and address of the last recorded holder of every mortgage of record: 16 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 192 Texaco Road Mechanicsburg, PA 17050 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the be of m perso knowledge or information and belief. I understand that false statements herein are made subject to th penal' s of 8 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: June 1. 2007 GOLDBECK McCA] BY: Joseph A. Goldb Attorney for Plaintiff & McKEEVER 4 07-2317 CIVIL TERM 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff VS. CINDY L. RICHARDS Mortgagor(s) and Record Owner(s) 192 Texaco Road Mechanicsburg, PA 17050 Defendant(s IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-2317 CIVIL TERM 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: RICHARDS, CINDY L CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 Your house at 192 Texaco Road, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $274,412.67 obtained by U.S. BANK NATIONAL ASSOCIATION 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 U.S. BANK NATIONAL ASSOCIATION 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 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. 07-2317 CIVIL TERM 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 07-2317 CIVIL TERM 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 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 homeretentionCa 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-1954. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN lot of land situate in Silver Spring Township, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the centerline of Texaco Road at the Southeast corner of Lot No. 4 on the hereinafter mentioned Plan of Lots. Which point is 858.5 feet from the centerline of Hempt Road; thence along Lot No. 4 on the said Plan of Lots, North 47 degrees 30 minutes west, 291.07 feet to an iron pin at line of lands now or formerly of Flight Systems, Inc.; thence along said lands, North 47 degrees 39 minutes East, a distance of 295.53 feet to an iron pin at line of lands now or formerly of Marlin H. Eichelberger; thence along said lands now or formerly of Marlin H. Eichelberger, South 43 degrees 42 minutes East, 265.17 feet to the centerline of Texaco Road (which point is 582.5 feet from the centerline of Hempt Road); thence along said centerline, South 42 degrees 30 minutes West, a distance of 276.0 feet to a point, the place of beginning, BEING Lot No. 1 on the Final Resubdivision Plan for John B. Kremer, dated March 18, 1982 and recorded in Plan Record Book 42, Page 47, Cumberland County records. HAVING thereon erected dwelling house and garage known and numbered as 192 Texaco Road. Tax parcel no: 38-21-0295-026 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-2317 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U. S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff (s) From CINDY L. RICHARDS (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 $274,412.67 L.L. $.50 Interest FROM 6/2/07 TO DATE OF SALE AT 8.6500% Atty's Comm % Due Prothy $2.00 Atty Paid $156.60 Other Costs Plaintiff Paid Date: JUNE 5, 2007 (Seal) Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR. ESQUIRE 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 WLA Real Estate Sale # 71 On June 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 192 Texaco Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 15, 2007 By: v? Real Estate Sergeant 0 :E u 9- NON COjl 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 in the 18th and 25th day(s) of July and the 1st day(s) of August 2007. 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 SALE #71 Sworn to and subscribed beforCfiWWM 5k ?Jctari?i ?':` 2010 F NO ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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: July 20, July 27, and August 3, 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 Marie SWORN TO AND SUBSCRIBED before me this __I _day of August, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My commission Expires Apr 2e, 2010 >NAL NWAIM Yti DO. 71 Writ No. 3007-2317 Civil U.S. Bank National Association as Trustee vs. Cindy L. Richards Atty.: Joseph A. Goldbeck, Jr. DESCRIPTION ALL THAT CERTAIN lot of land situate in Silver Spring Township, County of Cumberland and Common- wealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the cen- terline of Texaco Road at the South- east corner of Lot No. 4 on the here- inafter mentioned Plan of Lots. Which point is 858.5 feet from the centerline of Hempt Road; thence along Lot No. 4 on the said Plan of Lots, North 47 degrees 30 minutes west, 291.07 feet to an iron pin at line of lands now or formerly of Flight Systems, Inc.; thence along said lands, North 47 degrees 39 minutes East, a distance of 295.53 feet to an iron pin at line of lands now or formerly of Marlin H. Eichelberger; thence along said lands now or formerly of Marlin H. Eichel- berger, South 43 degrees 42 minutes East, 265.17 feet to the centftiine of Texaco Road (which point is 582.5 feet from the centerline of Hempt Road); thence along said center8ae, South 42 degrees 30 minutes West, a distance of 276.0 feet to a point, the place of beginning, BEING Lot No. 1 on the Final Re- subdivision Plan for John B. Kremer, dated March 18, 1982 and recorded in Plan Record Book 42, Page 47, Cumberland County records. HAVING thereon erected dwelling house and garage known and num- bered as 192 Texaco Road. Tax parcel no: 38-21-0295-026. ?S Assignment of Bid NO. 07-2317 CIVIL TERM - RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 I, Joseph A. Goldbeck, Jr., Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated September 05, 2007 to: HomEq 1100 Corporate Center Drive Raleigh NC 27607 Date: September 13, 2007 GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. GOLDBECK WCAFFERTY & McKEEVER A Professional Corporation By: Jay E. Kivitz Attorney I.D.#26769 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff VS. CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-2317 CIVIL TERM PETITION OF PLAINTIFF TO APPROVE CORRECTIVE SHERIFF'S DEED Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, by counsel, moves this Honorable Court to confirm the Sheriffs Sale and for other relief and assigns the following reasons therefore: 1. Plaintiffs Complaint in Mortgage Foreclosure was filed on April 20, 2007. 2. The real property foreclosed is located at 192 Texaco Road, Mechanicsburg, PA 17050 ("Property"). 3. On or about June 05, 2007, an in rem judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendant(s), CINDY L. RICHARDS, and a Writ of Execution issued. The property was identified as above. 4. The Sheriffs Sale of the Property was held on September 05, 2007 and Plaintiff was the successful bidder. There was no competitive bidding. 5. The Sheriffs Deed to Plaintiff was recorded on September 25, 2007. 6. The Property was advertised with the correct property address and parcel number. 7. The Defendants have not taken any action to invalidate the sale. 8. Plaintiff inadvertently set forth improper grantee. Correct Grantee should reflect U.S. Bank National Association as Trustee under the Securitization and Servicing Agreement dated as of July 1, 2005, Structured Asset Securities Corporation, Structured Asset Investment Loan Trust Mortgage Pass Through Certificates, Series 2005-HE1 . 9. For all the reasons discussed above the Plaintiff respectfully requests Sheriffs Sale should be confirmed and the Sheriff directed to issue a Corrective Deed. WHEREFORE, Plaintiff prays that the Court enter the attached proposed order allowing the Sheriff to prepare a Corrective Deed. Respectfully submitted, GOLDBECK McCAFFERTY McKEEVER By. Jay . Ki Esquire Attorney for Plaintiff It GOLDBECK McCAFFERTY & MCKEEVER A Professional Corporation By: Jay E. Kivitz Attorney I.D.#26769 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 Defendant(s) Docket No. 07-2317 CIVIL TERM MEMORANDUM OF LAW In the instant matter, the use of an incorrect grantee as an attachment to the Writ of Execution was entirely the result of an inadvertent error. No party objected to the use of the incorrect grantee, and the proceedings, including the street address, were correct in every other respect. Plaintiff respectfully suggests that no party will be prejudiced by the grant of the requested relief. In the first instance, there can be no confusion on the part of the Defendant, who is aware, by virtue of the mortgage documents, of the property pledged as security for the debt. Moreover, all parties with an interest in the property have been served with notice of the instant motion and may raise any objections thereto before this honorable Court. Pa.R.C.P. 126 provides this honorable Court with the power to "disregard an error or defect of procedure which does not affect the substantial rights of the parties." As the court stated in First Eastern Bank v. Campstead, 637 A.2d 1364 (Pa.Super. 1994): This approach does not countenance the wholesale derogation of our procedural rules, but does allow us to bend them just a little where the interests of justice demand. I would not surrender this flexibility in favor of a uniform policy of super-strict compliance with procedural rules, when such compliance would only be pointless and burdensome. Plaintiff notes that, in the instant matter, if the requested relief is denied, Plaintiff will suffer severe prejudice, in that it will have to either re-foreclose or file a quiet title action. Either result will be costly and protracted, a large burden in an uncontested foreclosure action where there was no competitive bidding at Sheriff's sale, the debt exceeds the value of the property and where Plaintiff's right to foreclose is clear and uncontested. The right of Plaintiff to foreclose all the encumbered property is clear and has already been adjudicated. Defendants did not contest the instant foreclosure action. The grant of the requested relief correcting an inadvertent error is well within the powers of this honorable Court, and, Plaintiff respectfully suggests, warranted under the circumstances. For these and the foregoing reasons, Plaintiff respectfully requests this honorable Court grant the requested relief. Respectfully submitted, GOLDBECK McCAFFERTY McKEEVER By: _ a-'? Jay Kivi , Esquire Attorney for Plaintiff VERIFICATION Jay E. Kivitz, Esquire, hereby states tha+ she is the attorney for Plaintiff herein, and that all of the facts set forth within the attached Petition to Approve corrective Sheriff's Deed are true and correct to the best of his knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties of 18 P.S. § 4904. GOL BE McCAFF RTY McKEEVER By: Jay E. Kivitz, Esquire Attorney for Plaintiff GOLDBECK WCAFFERTY & McKEEVER A Professional Corporation By: Jay E. Kivitz Attorney I.D.#26769 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 vs. CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 of Cumberland County No. 07-2317 CIVIL TERM CERTIFICATE OF NON-CONCURRENCE I, Kristen Fluehr, legal assistant to Jay E. Kivitz, Esquire, attorney for Plaintiff herein, certifies that I did serve true and correct copies of the Plaintiffs Petition to Approve corrective Sheriff's Deed and Memoradum of law in Support and all supporting papers by first class mail, postage pre-paid, on October 31, 2008, upon the parties below. Neither party has filed a response to Plaintiffs Petition. CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 Defendant(s) SHERIFF OF CUMBERLAND COUNTY R. Thomas Kline Sheriffs Office Courthouse Square Carlisle, PA 17013 ten Fluehr Post-Sale Paralegal Phone: 412-788-7190 Fax: 412-788-7192 Email: kfluehr@goldbecklaw.com IN THE COURT OF COMMON PLEAS Date: 1 day of December, 2008. GOLDBECK MCCAFFERTY & McKEEVER A Professional Corporation By: Jay E. Kivitz Attorney I.D.#26769 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 IN THE COURT OF COMMON PLEAS vs. CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 of Cumberland County No. 07-2317 CIVIL TERM CERTIFICATE OF SERVICE I, Kristen Fluehr, legal assistant to Jay E. Kivitz, Esquire, attorney for Plaintiff herein, certifies that I did serve true and correct copies of the Plaintiff's Petition to Approve corrective Sheriff's Deed and Memoradum of law in Support and all supporting papers by first class mail, postage pre-paid, on October 31, 2008, upon the following: CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 Defendant(s) SHERIFF OF CUMBERLAND COUNTY R. Thomas Kline Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 The parties have not responded to Plaintiff's otion as of today's date. s en Flue Post-Sale Paralegal Phone: 412-788-7190 Fax: 412-788-7192 Email: kfluehr@goldbecklaw.com Date: 1 day of December, 2008. r> '' c p ? ? ? -?-, ?, t ?; -?,: . ?? j ? ?-?-? ?`?? :?: GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Jay E. Kivitz Attorney I.D.#26769 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 vs. CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS of Cumberland County No. 07-2317 CIVIL TERM PLAINTIFF'S AMENDMENT TO ITS PETITION TO APPROVE CORRECTIVE SHERIFF'S DEED Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, by counsel, amends its Petition to Approve Corrective Sheriff's Deed to comply with Cumberland County Local Rules 208.3(a)(2) and 208.3(a)(9) and moves this Honorable Court to confirm the Sheriffs Sale and for other relief and assigns the following reasons therefore: 13. There is no previous or pending motion in the instant proceedings. 14. Defendant is not represented by counsel and Plaintiff did serve true and correct copies of its Petition to Approve Corrective Sheriff's Deed and Memorandum of law in Support and all supporting papers by first class mail, postage pre-paid, on October 31, 2008, upon Defendant Cindy L. Richards and the Sheriff of Cumberland County seeking concurrence and neither party has filed a response to Plaintiff's Petition. WHEREFORE, Plaintiff prays that the Court enter the attached proposed order allowing the Sheriff to prepare a Corrective Deed. Respectfully submitted, GOLDBECK McCAFFERTY McKEEVER By: ? ?? ?=- &?_ Jay E. vitz, squire Attorney for Plaintiff r,,t V :;? F ^.?:'. ?? `?^s ? ..: ?? ^T.. .,,,,_ .?. -w} `w DEC ssmar IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 51 E. Bethpage Road Plainview, NY 11803 Plaintiff' vs. CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 Defendant(s) ORDER AND NOW, this q" day of t1.t'-0 No. 07-2317 CIVIL TERM , 2008, it is hereby ORDERED and DECREED that the Sheriffs Sale of September 05, 2007 of the Property located at 192 Texaco Road Mechanicsburg, PA 17050, is hereby CONFIRMED. IT IS FURTHER ORDERED that the Sheriff of Cumberland County is directed to prepare and record, at Plaintiffs expense, a Corrective Deed containing the proper grantee, U.S. Bank National Association as Trustee under the Securitization and Servicing Agreement dated as of July 1, 2005, Structured Asset Securities Corporation, Structured Asset Investment Loan Trust Mortgage Pass Through Certificates, Series 2005-HE 1 . Distribution List: CINDY L. RICHARDS 192 Texaco Road Mechanicsburg, PA 17050 Defendant(s) SHERIFF OF CUMBERLAND COUNTY R. Thomas Kline Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 BY THE COURT: rs2vig "2D srv*-w-rz• -o Lvff?- -z.,09, • r 1%" d • i Alc1cp -601bfr VN'dAIASNN]d 0 c •c Nd 6- Nvr fiou kNiQN0-!Wd IHI dQ 33LHO-03 4 CORRECTED DEED. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which STRUCURED ASSET SECURITIES CORP TR is the grantee the same having been sold to said grantee on the 5TH day of SEPT A.D., 2007, under and by virtue of a writ Execution issued on the 5TH day of JUNE, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2317, at the suit of U S BANK N A TR against CINDY L RICHARDS is duly recorded as Instrument Number STRUCURED ASSET SECURITIES CORP TR. 9 o C) q o --? ? '10c) IN TESTIMONY WHEREOF, I have hereunto set my hand Ad- and seal of said office this 13 day of A.D. Recorder of Deeds he=", of 45, C? baftW County, U11k AA Expires #* FW Monday W JWX M0 Y cn l