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Home My WebLink About07-3322GOLDBECK 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 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagors and Real Owners 618 West Louther Street Carlisle, PA 17013 Defendants Terns CIVIL ACT16TR: (MORTGAGE FO LECI-08URF. 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. Ott - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 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 Seth 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 53014FC. 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 1. Plaintiff is WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The names and addresses of the Defendants are STEVEN A. GRIFFITH, 618 West Louther Street, Carlisle, PA 17013 and TRACY L. GRIFFITH, 618 West Louther Street, Carlisle, PA 17013, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On August 21, 2004 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 1880, Page 2278. 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 January 01, 2007 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 ..................................................................................$123,090.18 Interest from 12/01/2006 through 05/31/2007 at 11.2500% .....................$7,001.53 Per Diem interest rate at $38.47 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$6,154.51 Late Charges from 01/01/2007 to 05/31/2007 .............................................$575.94 Monthly late charge amount at $75.93 Costs of suit and Title Search ......................................................................$900.00 Fees ..............................................................................................................$106.00 Recoverable Balance ......................................................................................$25.50 Suspense ...................................................................................................$1,035.83 Escrow ...........................................................................................................$64.47 Monthly Escrow amount $442.66 $136,753.36 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 personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $136,753.36, together with interest at the rate of $38.47, 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: LD ECK McCAFFERTY & Mc VER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I Tamara Price, 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: AMC Mortgage Services Inc. Tamara Price, Vice President #0088985569 - STEVEN A. GRIFFITH and TRACY L. GRIFFITH E.ri,hibitA Conestoga Title Insurance Company . Commitment Number: 2004080049' SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL the following two tracts or parcels of land situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania more particularly bounded and described as follows: TRACT ONE: On the North by West Louther Street; on the East by property formerly of Mabel Grace Wheatfield, on the South by an alley; on the West by property formerly of John Lindemer; Containing twenty-five (25) feet six (6( inches, more or less, in depth to said alley on the South. TRACT TWO: On the North by West Louther Street; on the West by land late of Ida P. Apgar, on the South by a 12 foot alley; and on the West by lands formerly of John Lindner; Containing twenty-five (25) feet in front of said West Louther Street, and extending at an even width in depth one hundred twenty (120) feet tot he aforementioned alley. Parcel #50-20-1796-226 FOR INFORMATIONAL PURPOSES ONLY: Cumberland County has this property assessed as 618 West Louther Street 1 Certify this to be recorded In Cumberland County PA ALTA Commitment Schedule C Recorder of Deeds (2004080049.PFD12004080049/33) BKE880PG2254 Eys, hibit (B !P.O. Box 11000 MORTGAGE SERVICES SantaAaa, CA 92711-1000 #BWNKZZS STEVEN A GRIFFTTH p I MM TRACY L GRIFFITII 618 WEST LOUTHER STREET CARLISLE, PA 17013-2214 March 02, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica comp los propietarios de casas pueden evitar perder sus hogares debido a demoras de pagos. Para infon nacion en espafiol flame a so prestamista. STATEMENTS OF POLICY Loan Number: 0088985569 Property Address: 618 WEST LOUTHER 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 HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on Tour home is is defank end the leader intends to toreelese. Specific information aboot the nature of the adult is Provided is the attached mates. The HOMEOWNER'S 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 belt Toa mast MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice wkb Tom whenvan meet with the Coanselint Ateney. This Notice contains important leaf intormatioa. If you have any gaestiors, represeataNTes at the Corsamer Credit Comaseliaf Agency may be able to help explain it. You may also want to eoatact an attorney in your area. The local bar association may be able to help yon find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUZS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SII 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 ,roaaMCM-a Also doing business as Delaware AMC Mortgage Services, Inc., in the states of Texas, Rhode Island, and New Hampshire ARRIBA. PUZDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RZDIMIR SII HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL. ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOII COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: I 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. During that time you most arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MViCl VAV? AVVaV aru.v NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. -..._...?.?,......w.n outwear rnta A(S7!19Vi m - if von meet with one of the consumer credit coumlin the county in which the oropM is located are set forth at the cad of this Noti ce. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of year 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, gigs and fik a completed Homeownez'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 complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. 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. March 02, 2007 Loan Number: 0088985569 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. (H you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brit[ it so to date). NATURE OF THE DEFAULT -The MORTGAGE debt by the above leader on your property located at: 618 WEST LOUTHER 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: 01101107 thru 03/01/07 Minimum Payments plus late charge or other fees: $3727.60 Maimam Ameuat to Care Default: 53727.60 B. YOU HAVE FAMED TO TAKE THE FOLLOWING ACTION (Do not use it not applicable): N/A HOW TO CURE THE DEFAULT --You may care the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH 15 $3727.60 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PPaymenis must be made either by_cash , cwhier'a check certified check or money order made payable and seal to: AMC Mortgage Services P.O. Box 5926 Carol Stream, IL 60197-5926 You can care any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) N/A IF YOU DO NOT CURE THE DEFAULT-If you do not care the default within THIRTY (30) DAYS of the date of ibis Notice, the leader intends to exercise its rights to seederate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If fall payment of the total amount pest due is not made within THIRTY (30) DAYS, the lender also intends to inslract its attorneys to start legal action to foreclose aM y nr mortgaged pnwd• IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt V the lender refers your can 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 $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you care the defauk within the THIRTY (38) DAY period. you will not be mquimd to pay fees. 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 cared the default within the THIRTY (30) DAY period and foreclosure proceedings have began, you st0_t have the right to care the defnnlt and prevent the sale at mW time a to one hour before the Sheriffs Ss_1s You mays pitying he immom i rut then part due.-plus an late or other charges Then dot remnable anomWs fees and costs connected with the forecloss_rs sale and any her costs o0 oeeted with the Sheriffs as specified in vaWng by the leader and by by performft any other requirements ender the mortam Caring your defadt is 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 a 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 coarse, the amount needed to care 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. HOW TO CONTACT THE LENDER: AMC Mortgage Services PO Box 11900 Santa Aaa, CA 92711-1000 Phone Number SH 430-5262 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 Sheriff a 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 _ mayor R may sot (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and ousts are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 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. z TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. : TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, lF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) z TO ASSERT THE NONEXISTENCE 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 : TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES 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 free (8011) 5694287 or TDD (800) 877-8339. AMC Mortgage Services Cc: AMC Mortgage Services Attn: Collections Department Loan Number: 0088985569 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 North Front Street Harrisburg, PA 17110 1-800-342-2397 AP?IPCFIVM Iv . V r? L1"1 ) t?3 Ta C9 +.i fl Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 TAT mrrr d-r%TTnT nL' r?rrArnwT Di Ti A C "TX4U Ai A Nil d-nTTNTV PTi NNCVi V ANTA WM Specialty Mortgage Plaintiff V. Steven Griffith Tracy Griffith Defendant CIVIL ACTION FORECLOSURE NO: 07-3322 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the above named defendant(s) in the above matter. Date: 7(> le) 7 Attorney for Defendant(s), Michael E Stosic, Esq Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 (215) 215-913-5300 C7 ;!.rn - CD Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 IN T14Y C'niTRT nv C nmmnN Pi.RAQ riTMRFRi AND irniTNTV P1VN1%TQV1 VAN7A WM Specialty Mortgage Plaintiff V. Steven Griffith Tracy Griffith Defendant CIVIL ACTION FORECLOSURE NO: 07-3322 Detendants, through counsel, hereby submit the following Preliminary Objections and Memorandum of Law in support thereof 1. PRELIMINARY OBJECTION PURSUANT TO 1028(a) (2) IN THE NATURE OF A MOTION TO STRIKE PLAINTIFFS COMPLAINT FOR FAILURE TO CONFORM TO A LAW OR RULE OF COURT Pursuant to 1147(l)) objection is made to the Complaint pursuant to a failure to conform to a court rule. Pa.R.C.P., 1147(1) sates that "The plaintiff shall set forth in the complaint the parties to and the date of the mortgage, and of any assignments, and a statement of the place of record of the mortgage and assignments." 2. By averment of the Plaintiff, the mortgage assignment has not been recorded as such there is no place of record and/or proof of ownership as the assignment is not attached. WHEREFORE, Defendant respectfully requests that this Honorable Court sustain Defendants Preliminary Objections and dismiss the complaint until such time the Plaintiff shall become the owner of said mortgage and thus have standing to said bring said complaint. -T- -n J U! II. PRELIMINARY OBJECTION PURSUANT TO 1028(a) (5) AS PLAINTIFF HAS A LACK OF CAPACITY TO SUE 3. Plaintiff has not presented evidence that it is the owner of the mortgage rather it has just avers that it has applied for the assignment of the same. 4. Plaintiff offers no proof of title to the mortgage and thus has no right under the mortgage and thus has not standing to bring this suit. 5. If Plaintiff is holder by assignment at a minimum the assignment should be attached as an Exhibit. WHEREFORE, Defendant respectfully requests that this Honorable Court sustain Defendants Preliminary Objections and dismiss the complaint until such time the Plaintiff shall become the owner of said mortgage and thus have standing to said bring said complaint. Respectfully, Michael E Stosic, Esq. Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 IN TI4F. COURT nF COMMnN PINAR CITMRFULAND MITNTV PFNNCV1 VANIA WM Specialty Mortgage Plaintiff V. Steven Griffith Tracy Griffith Defendant CIVIL ACTION FORECLOSURE NO: 07-3322 MEMORANDUM OF LAW IN SUPPORT OF PRELIMINARY OBJECTIONS Facts Plaintiff alleges Defendant has defaulted on said mortgage. Plaintiff filed a complaint in foreclosure of said property. Plaintiff filed said complaint prior to being the rightful owner of the mortgage on the property. Plaintiff now file the Preliminary Objections and Memorandum of law in support thereof. Legal Standard "One of the most stalwart propositions of the law is that, in order to maintain an action, a party must have standing;." Lal v. Ameriauest Mortg. Co., 2004 PA Super 302 quoting Jefferson Bank v. Newton Assocs., 454 Pa. Super, 654, 686 A.2d 834, 838 (Pa. Super. 1996) DOES PLAINTIFF HAVE CAPACITY TO SUE WHEN PLAINTIFF IS NOT THE OWNER OF THE MORTGAGE? Legal Argument. "One of the most stalwart propositions of the law is that, in order to maintain an action, a party must have standing." Lal v. Ameriquest Mortg. Co.. 2004 PA Super 302 quoting Jefferson Bank v. Newton Assocs., 454 Pa. Super. 654, 686 A.2d 834, 838 (Pa. Super. 1996) In the case at hand, the Plaintiff just avers that the mortgage is in the process of being assigned and/or recorded. The Plaintiff has shown no proof of ownership. The Assignment is not recorded so it cannot be incorporated by reference and the assignment is not attached as an Exhibit. As such, the Plaintiff has no standing to sue until such time Plaintiff can prove proper ownership of the mortgage. This honorable court cannot take for granted that the mortgage assignment is proper and/or legal and/or allowed and/or valid and/or even in existence. This court must require some minimum burden to prove standing. It is a fact that there is no document on record or attached as an Exhibit showing ownership by the Plaintiff. Plaintiff must be the proper owner to have standing. If you allow this claim to stand then you are creating a situation where anybody could walk into court to sue with no burden of proof. Wherefore, Defendant respectfully requests that this Honorable Court sustain Defendants Preliminary Objections and dismiss the complaint until such time the Plaintiff shall become the owner of said mortgage and thus have standing to said bring said complaint. Respectfully, Michael E Stosic, Esq. VERIFICATION I, Michael E Stosic, Esq. do verify that the statements made in said motion are true and correct. The reason for the substitute verification is that Defendants and counsel are hours away and time is of the essence to file said motion. Defendant will send a substitute verification. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsifications. ?IIBI? A E?- FROM Uor :=ot :DU ( i J. L.? YJprJrJUCJYJC7CJYJ ("ON>JUL 2 2007 10: 17/ST. 10: 75/No. 70134SO288 P 6 rrc;li H-"t:,E ub/ 12 GOL.DBEUK McCAFFERTY & MCUEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701. MARXF.T S'T'REET P11IL.N.DELFRIA,, PA 19106 (215) 627-1322 WWW-C.OLABECKLAWCObt ATTORNEY FOR PLASNTWF 'AM SPECUII TY MORTGAGE LLC, RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagors and Real Owners 618 West Louther Street Carlisle, PA 1.7013 Plaintiff Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Terra cIvlL ACT16Ri: MORTGAC4, FOR CLOatio* NOTICE You have been sued in court. if you wish to defend against the claims set forth in the following pages, you inust take action within twenty (20) days after the Complaint and notice are served, by eMerin.g 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 INC1 ' '14 8 Irvine Row ;y h?. Carlisle, PA. 17013 .4 the W1 .h1 Y.{ 11i, 717-243-9400 :4Lttl.F...• . p"Z?/1T,tcj CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVUS O r. E- HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEF'ENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DF SER SERV.IDO CON ESTA DEMAND,A Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE LISTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA. LAS QUEJAS EN ESTA DEMANDA. 1 HERESY CtpffIF' TH.A7'THdS ltd. THE ORIGINAL FILE :? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY FROM u0i :p! LUU/ 17. Z.i 6606ne0000 <MON>OUL 2 2007 10:17/ST.10:16/No.701S40520S P B rrAli PAGE 07/12 RECUERDE: SI UST,$D NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERMA QUE USTED CUMPLA CON TQDA,S LA,5 PROVISION r,S DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED pvfir,A pszzazR DINERO, PROPIEDAD U OTROS DER.ECHOS I VI-FORTANT.ES. USTED DEBE LLEVAR 9STE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELIvFONO 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 PROVEERt INFORMACION ACER.CA 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 1M FIRM IS ADEBT COLLECTOR AND WE AM A,TTEN =LQ TO COLLECT DEBT OWED TO OtJR CLIENT ANXJNE_QItMATION OBTAIlVED FROM YOU WILL BE USED FOR ME P-URFOSE OF COLLECTING IN DEBT, Resoumes available for Homeowners in Fox-eclos, 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 DUD'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 / Horne Retention Package. Cal.! our toll free number at 1.-866-413-2311 or via email at botineretentionQzoldbecklaw.com. Call Seth 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 fi..tm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or. Fax: 215-825-641 S. Please reference our Attorney File Number of 53014FC. 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. FROM u0/ :01 L0rJ f 10: ?O eJ rJGhhCh?ba tMON?JVL 2 2007 10. -T. 10: 15/NO. T6PAGEE2 A8/12 7 F+ Fill COMPLAINT IN MORTGAGE FOUCLOSURFx 1. Plaintiff is WM SPECIALTY MORTGAGE LLC, WITHOUT RECOLIR '?st, Suite 100 Orange, CA 92868. 1 ??l lwE?1( Gll: "'?? COIa OF A TRUE AND 6WREcT 2. The names and addresses of the Defendants are STEVEN A. 00*"`L est lAUther Street, Carlisle, PA 17013 and TRACY L. GRIFFITH, 618 West Loutber Street, Carlisle, PA 17013, who are the mortgagors and real owners of, the mortgaged premises hereinafter described. 3. On August 21, 2004 mortgagors made, executed and delivered a rnortgage 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 1880, Page 2278. 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 I01.9(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 m Exhibit "A" ('Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January 01, 2007 and each month thereafter and by the terms the Mortgage, upon default in such paymentq 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, oA th.e Mortgage: Principal Balance ................................................................................$123,090.18 Interest from 12/01/2000 through 05/31/2007 at 11.2500% .. ...................$7,001.53 Per Diem interest rate at $38.47 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$6,154.51 Late Charges from 01/01 /2007 to 05/31/2007 ....................... ......................$575.94 Monthly late charge amount at $75.93 Costs of suit and Title Search. ................................................ ......................$900.00 Fees ...................................................................................... .....................$106.00 Recoverable Balance ............................................................ ........................$25.50 Suspense ..................................................................... ........ ..................$1.,03 5.83 Escrow ......................................................................................................... 46447 Monthly Escrow amount $442.66 $136,753.36 7. If the Mortgage is reinstated prior to a Sheri.fPs Sale, the Attorney's Fees set forth above may be less than the amount dernanded based on work actually performed. The Attorney's Pees requested are in confornvty with the Mortgage and. Pennsylvania law, Plaintiff is entitled to collect Attorney's fees of up to 5% of the retraining 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., FROM 13b/ 2b/ ZULl l l?): 1-1 bbbbbbbbbb C MON)JVL 2 2007 10: 18 /ST. 10: 1VZH--75134 15208 s HFAll 8. Plaintiff is not seeping a judgment of personal liability (Oran "in person am" judgment) against the Defendants in this Action but reserves its right to bring a separate.Acti.on to establish that right, if such right exists. If Defendants have received a discharge of their personal liability i,(t a b%r& Mpjq proceeding, this Action o-f Mortgage Foreclosure is, in no way, an attempt to liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell Mae Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in. the true and correct copy of such. notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $136,753,36, together with interest at the rate of $38.47, 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: KAODLD CK MCCAFFERTX & Mc , VER BY: JOSEPH A. GOL.ARECK, JR., ESQUIRE ATTORNEY POR PLAINTII:F C) ti? '7 ? v -? t .; ail F..? G:.> --1 _ `T;)?? i f.> _..? ?+ _? SHERIFF'S RETURN - REGULAR CASE NO: 2007-03322 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS GRIFFITH STEVEN A ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRIFFITH STEVEN A the DEFENDANT , at 1215:00 HOURS, on the 12th day of June 2007 at 618 WEST LOUTHER STREET CARLISLE, PA 17013 by handing to DONNA RICKRODE, MOTHER IN LAW ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 ??18,a 1 32.80 Sworn and Subscibed to before me this day of , So Anoswwers : R. Thomas Kline 06/12/2007 GOLDBECK MCC;97 By: Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR t r . `, CASE NO: 2007-03322 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS GRIFFITH STEVEN A ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRIFFITH TRACY L the DEFENDANT , at 1215:00 HOURS, on the 12th day of June 2007 at 618 WEST LOUTHER STREET CARLISLE, PA 17013 by handing to DONNA RICKRODE, MOTHER ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 n .00 (,11410? V 16.00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 06/12/2007 GOLDBECK MCCAFFE Y CKEEVER By: /Iffej:5uty Sheriff 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 IN THE COURT OF COMMON PLEAS WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Vs. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagors and Real Owners 618 West Louther Street Carlisle, PA 17013 Plaintiff OF Cumberland COUNTY CIVIL ACTION - LAW AMENDED ACTION OF MORTGAGE FORECLOSURE Term No. 07-3322 Defendant(s) THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 POPER 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 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 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEIAS 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 OBIECCION CONTRA LAS QUEIAS EN ESTA DEMANDA. RECUERDE: SI LISTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE LISTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE LISTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AMENDED COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The names and addresses of the Defendants are STEVEN A. GRIFFITH, 618 West Louther Street, Carlisle, PA 17013 and TRACY L. GRIFFITH, 618 West Louther Street, Carlisle, PA 17013, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On August 21, 2004 mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1880, Page 2278. The aforementioned mortgage was assigned to: WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE by Assignment of Mortgage dated January 23, 2006 and recorded with the Cumberland County Recorder of Deeds on February 1, 2006 at Book No. 7245, PageNo.2572. A true and correct copy of the Assignment of Mortgage is attached hereto as Exhibit C. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due January 01, 2007, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 12/01/2006 through 5/31/2007 at 11.2500% Per Diem interest rate at $38.47 Attorney's Fee at 5% of Principal Balance Late Charges from 01/01/2007 to 5/31/2007 Monthly late charge amount at $75.93 Costs of suit and Title Search Fees Recoverable Balance Suspense Escrow $123,090.18 $7,001.53 $6,154.51 $575.94 $900.00 $106.00 $25.50 -$1,035.83 -$64.47 $136,753.36 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclousre is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the dates set forth in the true and correct copy of such notices attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $136,753.36, together with interest at the rate of $38.47, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By. - LDB K McCAF RTY & McKEEVER BY. JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF EXHIBIT 66 A " . C9mmitment Number. 2004080049' Conestoga Title Insurance Company SCHEDULE C PROPERTY DESCRIPTION The land refern3d to In this Commitment is described as follows: ALL the following two tracts or parcels of land situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania more particularly bounded and described as follows: TRACT ONE: On the North by West Louther Street; on the East by property formerly of Mabel Grace Wheatfieid, on the South by an alley; on the West by property formerly of John Lindemer Containing twenty-five (25) feet sbc (6( Inches, more or less, in depth to said alley on the South. TRACT TWO: On the North by West Louther Street; on the West by land late of Ida P. Apgar, on the South by a 12 foot alley; and on the West by lands formerly of John Lindner, Containing twenty-flue (25) feet in front of said West Louther Street, and extending at an even width In depth one hundred twenty (120) feet tot he aforementioned alley. Parcel #50-20-1796-226 FOR INFORMATIONAL PURPOSES ONLY: Cumberland County has this property assessed as 618 West Louthw Street 1 Certify this to be recorded in Cumberland County PA p Recorder of Deeds ALTA CoraUbroW (20040Wmq.PFW00A08pp WW) Schedule C 89 1-880P622.94 EXHIBIT `6 1 MORTGAGE SERVICES Santa Ann, CA 92711-1000 #BWIdS77S Marc! 02, 2007 STEVEN A GBIFFITH . ,,.. TRACY L GRIFFTrH 618 WEST LOMIER, STREET CARLISLE, PA 17013-2214 InIIIIuI111111381 1111111111111.1111011111111111111111111111 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este &c memo eVlica comp bs pmpienrloa de casas poeden evitar perder sus hogarm debido a denwas de pagos. Para informacidn on espafM Hame a so prestamista. STATZMENTIS OF POLICY Lou No mber: 0088995569 Property Address: 618 WEST LOUTHBR STREET, CARLISLE PA, 17013 Orlglul Leader: AMC Moat" Sw kM Inc. Cw t I.a&V&rvker: AMC Mo tgags Services. Inc. THIS FIRM 18 A DEBT COLLECTOR ATTEM PTING TO COLLECT A DZBT. THIS NOTICZ I8 SENT TO YOU IN AN ATTZMPT TO COLLECT TUB INDZBTZBNESS REFERRED TO HZREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BZ USED FOR THAT PURPOSE. IF YOU HAVZ PREVIOUSLY RZCZMD A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE 13 NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITZMPT TO COLLECT A DEBT, BUT ONLY ZNFORCZMENT OF A LIEN AGAINST PROPERTY. This is an efileia] notice tbd the swriaaea N ewr bogie is b ddtalL mail tie leader b ash to Spoeft foreelese. bfornwast :beat tie Satan of the defaB is provided k of atbew am& The HONZOWNER'S MORTGAGZ ASSISTANCE PROGRAM OECK I may be able to beb to save .ear beam Title Nod" Weld" bow so amrm works. This Notice eeatabs hWwtat kO iadlermalisa. N you base say qudleas, repraseatdves at the Caunsaw Credit Cwasdiag Apacy may be able to b* cVlak IL Yea may d" w=t to coedit u Wmmcy b your arcs The local bar assciadea say be abbe to b4 you Sad a lowyees LA NOTMCACION EN ADJUNTO ZS DE SUMA WORTANCIA, PUzS AFZCTA SU DZRZCHO A CONTINUAR VIVIZNDO ZN SU CASA. St NO COMPRENDE EL CONTZNmO DR E3TA NOTIFICACION OBTZNGA UNA TRADUCCION INDMITANnuM LLAMAZM BSTA AGENCIA (PENNSYLVANIA HOUSING FINANCZ AGENCY) SIN CARGOS AL NUMZRO MENCIONADO .rxpe" » Also doing business as Delaware AMC Mortgage Semk4m, here., is the states of Texas, Rhode LLmd, aadNew Hampshire. ARRIBA. PUZDZS SBA ZLZGIBLZ PARA UN PRESTAMO POD ZL PROGRAM& LLAMADO "HOMZOWNER'S ZMZRGZNCY MORTGAGZ ASSISTANCE PROGRAM" ZL CUAL PUEDZ SALVAR SU CASA DZ LA PERIIIIDA DZL DZRZCHO A RZXIM[R SII HiPOTZCA. HOMEOWNER'S n0RGZNCY MORTGAGZ ASSISTANCE PROGRAM YOU MAY BE ELIGDLE FOR FINANCIAL ASMTANCE WHICH CAN SAVE YOUR HOME MM FORZCLOSM AND HELP YOU MAN Z FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THZ PAOVISIONB OF THZ HOMZOWNZR'8 ZMZRGZNCY MORTGAGZ ASSISTANCZ ACT OF 1953 MU "ACT% YOU MAY BE ELIGIBLE FOR ZMZRGZNCY MORTGAGE ASSISTANCE: s IF YOUR DZFAULT HAS BZZN CAUSZD BY CIRCQMSTANCZS BZYOND YOUR CONTROL, s U YOU HAVE A REASONABLE PROSPZCT OF BENG ABLE TO PAY YOUR MORTGAGZ PAYMENTS, AND : IF YOU MZET OTHEA ZLIGIBILITY RZQUIRZMZNTS ZSTABLIMD BY THZ PZNNSYLVANIA HOUMG FINANCZ AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you an eatiW to a temporary stay of faedouae on you moaWp for dd4y (30) days hoax the date of this Notice. Dating &d time you mot arrange and dlad a 606$e410e with one of the comumer credit coon ding agencies laded d the end of this Nadine. THIS MORTOAGE UP TO DATE. *@ gmft Iu . It is only aeammy to uchedob one bee-whoa meet. Advise year leader of yoor bleedosa. APPLICATION FOR MORTGAGZ ASSISTANCE - Your moapp is is a default for the reason act fosth h to In this Notice (see billowing pages for specific ishentatiaa about the edam of your ddsdt) If yes have tried and are,nbb to mmlve this probba with the kader you have the right b spply for financial assiduce Prom the Ibaeowaets E mgpmq Modpge AmiaWoe hogam. To do so, you must M out sign and file a compbted Homoowaets Emagaacy Assistance Program, Application with one of the daipded aamma credit cowmaling apacies Nsled at the end of this Nclioe. Only consuma as& connecting agencies haven applications for the boation MUST be Shed or podmadred willaa *hty (3 of Pennsylvania ?6 Bossing Finance Agency Y w . YOU MUST FII.Z YOUR APPLICATION PROMPTLY. IF YOU FAH. TO DO SO OR N YOU DO NOT FOLLOW THZ OTHER 7DO PZRIODS SBT FORTH IN TEM LETTER, FORECLOSURE MAY PROCZZD AGAINBT YOUR HOMZ VAMZDIATZLY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DZ=W AGENCY ACTIOlf - Ar"lle lads for mageacy mcOpp amida" am ray Umilod. They will be dim mmd by tie Agency valor the ebtU ty cdtaia atsbHAW by the Act The Pantylvaaia Housing Finance Agency has silty (60) days b mate a decision aft it naives your application Daring 8d tiae, no Loreclomrs proceedings will be posed against you if you have met the time ro pkcn ads set forth above. Yon will be notified d rectly by doe Peanaykanin Housing I+mace Agency of its decision on yov appHcdio@ . V"*Awe+ March 02, 2007 Loan Number. 0088985569 NOTE: 17 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 Nei ba¦ wa tey you e:an still apply for Es cy Mwl" Assistaree.) HOW CURE YOUR MORTGAGE DEFAULT (Baas it an to date). NATURE OF TAB DEFAULT The MORTGAGE debt by the above hinder on year poeperty located at 618 WEST LOUTITffiR MVJMT, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT barrio: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMMS for the Srilowiag naatbs and the following amounts are new peat doe: 01/01/07 thn 03/01/07 Minimum Payments pin late charge or other feu: $3727.60 Mhdnmra Amoost to Caro bdnK: !3727.60 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not on ;trot aoofleabkk NIA HOW TO CURE THE DEFAULT You may core the delitolt within THIRTY (30) DAYS ad the date of" notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER. WBICB 19 13727•" PLUS ANY MORTGAGE PAYMENTS AMID LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD Pevments most be made either bX cash r tit" 'a cbedc, certified or meter order eade_ o" and said b: AMC Mortgage Services P.O. Ban 5926 Carol Stream, IL 60197-5926 You can care any other deftsk by taking the following action vritbia THIRTY (30) DAYS of the deco of this letter: (DO tat ate and and; able.) N/A IF YOU DO NOT CURE THE DEFAULT-If you do ad wra the ddalt wbhis THMTY (30) DAYS ofthe dds of this Notim tba leader (ateiL b eserc6e ih dttLts b aerdesrate floe ssasi*atea Lei! 7aio mesas that the eseire owtstandiog bolanoe of this debt will be considered doe immediately and yea may loss the chance to pay the woogoas is moodily installments. If fall ptymew of the total amount put doe is not made w(tlab THIRTY (30) DAYS, So leader also intends b bated its atbrneys to slant legal adios to prove ?• IF THE MORTGAGE 18 FORECLOSED UPON - The mortgagod pwpoo will be odd by the SheriNfo pq off the mortgage debt. if the lender refers year can to its dUear wj% but Im case the delinquency bdere lbs lender begins legal p meedings against yea, you will mull be negoired b pay do reasonable allaoey's Sees that were whoy Iacocca, up to 550.00. However; if Segal poeoeediags are alerted against yea, yon will have to pay all ussonebloaoomey's fees acbdly beaaed by the lender a van itthey ,,co-ed $M.00. Any aft mqt fees w01 bo added to the amount y+oa owe the lend,; which may also include other now able eosb. N ran core the ad"& OTBER LENDER REMMEN - The leader may also soa you personally for the unpaid principal balsow sad all other sums doe ender the mortgage. RIGHT TO CURE TBE DEFAULT PRIOR TO SHERn "S SALE - If you bave ant cared the de:Ladt widda the THIRTY (30) DAY period and f eclorove pwcafnga have begoa. Y dl limm IM n"=& a3bg minimum amost "d =Mo tba sale Sian time rp to one hoar bdore the do ?s eo an p 1* dull VIM W? - Rhea Lt.+ es aLt chatees tbea - lo etlaoela fees sad ems coaaecled ratio Ilse red arrr o la coals gonogw with the Sheriffs Site n imam in wrrioe by the leader sad br Cuing your ddadt is the mammer set forth is this notice wiz restore yomr mor ipp to the sash position as N you had never ddm dted. EARLIEST POMLE SHERIFF'S SALE DATE - It is estimated that the cm%w dde that wch a Sietifi s Sao of as moagapd property cold be held would be app mximat* (6) MONTHS som the dab of this Nolim A Rod" of the acted dab of the SUM Sale wHl be sent to yon balm the sale. Of coon the amount aeoded to care the dd ait wm h m n the bnget you wait. You mar Sad ad at may time exactly what the requited pymemt or action wHi be by contacting the laden. HOW TO CONTACT THE LENDER: AMC Mortgage Services PO Box 11000 Santa Aam, CA 927114000 Phone Nandw r 806-438-5262 Fax Nmmber 714-347-M37 EFFECT OF SHERIIF'S SALE - Yom ehoaM reaixe that a SherM Sale wDl end your owncrft of the mortgaged property and your right to occupy it Ifyom ceadwoe to five in the propmty user the Merift Sae, a Iawwit to remove you mad your 16misbiage and other bdoagiuy could be staged b, the leader at act time ASSUTAMON OF MORTGAGE -Yom _ mayor Z mtay met (CH)MONE) sell or taadw your home to a buyer a tmmahme who will awama the mottpp debt. provided that al the eatstanding psymoft charges and attamoy'a sties and cow an paid psiar to or at the sde and that So other nifeirmuft of the mortgage an satisfied 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 RMTPPUTION TO PAY OFF THIS DEBT. s TO HAVE THIS DEFAULT CURED BY ANY THMD PARTY ACTING ON YOUR BEHALF. s TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURS THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURS YOUR DEFAULT MORE THAN THREE TIIw1ES IN ANY CALENDAR YEAR.) z TO ASSERT THE NONESiSTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. : TO ASSERT ANY OTHER DEFENSE YOU BELMVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. : TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUM ZK CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED If you need additional aasiaanoe or eommedimg you any dw find a Housing Couasdimg AVW is year ate y calft T0114tce (300) 5694287 at TDD (800) 8774339. AMC Mortgage Savioes Ca AMC Mortgage Services Attu Collections Deparem fit Lose Number: 0083983369 Mooed by lit Clan Mail end by Certified Mao 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 North Front Street Harrisburg, PA 17110 1-800-342-2397 ?XHIE CP9 Prepared By: Antoinette Black Return to: GOLDBECK McCAFFERTY & McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 Parcel ID#: 05-20-1796-226 Co) r rB 1 All 8 35 ASSIGNMENT OF MORTGAGE AMERIQUEST MORTGAGE COMPANY (Assignor), for and inconsideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE. WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE (Assignee), all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed STEVEN A. GRIFFTTH and TRACY L. GRIFFITH , Mortgagor(s); to AMERIQUEST MORTGAGE COMPANY. Bearing date of August 21, 2004; Amount Secured: $124,950.00; -Recorded on SepteT mber 13,,2004-, in Book 18811, 2278.' n fhe Recorder?f Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 618 W. Louther Street, Carlisle,PA 17013 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together evith the note or obligation described in the Mortgage endorsed to the Assignee,("Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, by its appropriate corporate officers, has executed and sealed with its corporate seal this Assignment of Mortgage on this 2,3_ day of 6,.,,, . , 2006. 80-A 724 PACF;-)5i2 AMERIQUEST MORTGAGE COMPANY, by AMC MortgaSt Services Inc as authorized agent (Affix Corporate Seal) JefMvas,Nice President Default Ti line Manama Tamara Price, Authorized Agent ss: STATE OF COUNTY OF ) BE IT REMEMBERED, that on this J day of 2006, before me, the subscriber, a Notary Public personally appeared Jeff Rivas, Vice President of Default Timeline Management for Ameriquest Mortgage Company, by AMC Mortgage Services Inc as authorized agent, and Tamara Price, Authorized Agent for Ameriquest Mortgage Company, by AMC Mortgage Services Inc. as authorized agent; officers of Assignor, who I am satisfied are the persons who signed the within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue Nojq Public My commission expires: DEC 2 3 2W I hereby a ti the d s of the Assignee is. 505 Cl? Suite 100, Orange,CA 92868 1tv- R. P. UMAIJ Commission # 1453282 Loan No.: 0088985569 ??? Notary Public - California Los Angeles County Case #: AMQ-0768 Corfn.i ? sDec23,2007 BOOK 724 PACE` 2 5i 3 Conestoga Title Insurance Company SCHEDULE C PROPERTY DESCRIPTION The land referred to In this Policy is described as follows: ALL the following two tracts or parcels of land situate in the Borough of Carnets, County of Cumberland and State of Pennsylvania more particularly bounded and described as follows: TRACT ONE: On the North by West Louther Street; on the East by property formerly of Mabel Grace Wheatfield, on the South by an alley; on the West by property formerly of John Linderner, Containing twenty-five (25) feet six (6( inches, more or less, in depth to said alley on the South. TRACT TWO: On the North by West Louther Street; on the West by land late of Ida P. Apgar, on the South by a 12 foot alley; and on the West by lands formerly of John Lindner, Containing twenty-five (25) feet in t ont of said West Louther Street, and extendkV at an even width in depth one hundred twenty (120) feet tot he aforementioned alley. Parcel #60-20-1796-226 FOR INFORMATIONAL PURPOSES ONLY: Cumberland County has this property assessed as 618 West Louther Street In Cumber!?- C01-111-4y PA 1 U-x Reorder of Deed: ALTA Policy Schedule C (20040*X*.PFb/200408 M9N2) BQOK 7124 PArV-5714 VERIFICATION Carmen Armijo hereby states thatla6/she is the Foreclosure Liaison of AMC Mortgage Services Inc., authorized agent for Plaintiff in this matter, and that all of the facts set forth in the attached Plaintiff s Amended Complaint are true and correct to the best of Wlher knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. ? f Ameriquest Mortgage compuy as Attorney jq fact by its authorised apaat AM Mortgage Services Inc. Printed Name: Cu r me r, A r r n; n Title: Forec I osu rie U 'i •so n GRIFFITH: STEVEN LOAN # 0088985569 o N a GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation ATTORNEY FOR PLAINTIFF By: Thomas I. Puleo, Esquire Attorney I.D. #: 27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. STEVEN A. GRIFFITH and TRACY L. GRUTIT 4 618 West Louther Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT OF SERVICE No. 07-3322 I hereby certify that Plaintiff s Amended Complaint relative to the above captioned matter was served pursuant to Rule 440 by first class mail on Defendants, STEVEN A. GRIFFITH & TRACY L. GRIFFITH of 618 West Louther Street Carlisle, PA 17013 on August 8, 2007 by service upon their counsel of record, MICHAEL E. STOSIC, ESQUIRE. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsifications to authorities. GOLDB K, McCAFFE McKEEVER Date: 8/7/2007 omas I. Puleo, squire IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW AMENDED ACTION OF MORTGAGE FORECLOSURE Y? y_t :. ??`TN i' fli P w _ F • In the Court of Common Pleas of Cumberland County WM SPECIALTY MORTGAGE LLC, 505 City Parkway West Suite 100 Orange, CA 92868 vs. STEVEN A. GRIFFITH TRACY L. GRIFFITH (Mortgagor(s) and Record Owner(s)) 618 West Louther Street Carlisle, PA 17013 WITHOUT RECOURSE Plaintiff No. 07-3322 Defendant(s) 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 STEVEN A. GRIFFITH and TRACY L. GRIFFITH by default for want of an Answer. Assess damages as follows: $145,625.39 Debt interest from 10/30/2007 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 FR TH COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to p against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at leas t d s prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A. Gold Jr. Attorney for PI nti I.D. #16132 AND NOW 30?, AC07 , J dgme is entered in favor of WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE and against STEVEN A. GRI and TRACY L. GRIFFITH by default for want of an Answer and damages assessed in the sum of $145,625.39 as per the above certification. A/ 41i?a Pk&?w r thonotary rd 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, STEVEN A. GRIFFITH, is about unknown years of age, that Defendant's last known residence is C/O MICHAEL E. STOSIC, ESQ.2207 Chestnut Street, PHILADELPHIA, PA 19103, 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' Ci il,Relief Action of Congress of 1940 and its Amendments. Date: « , VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, TRACY L. GRIFFITH, is about unknown years of age, that Defendant's last known residence is C/O MICHAEL E. STOSIC, ESQ.2207 Chestnut Street, PHILADELPHIA, PA 19103, 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, o oth wise within the provisions of the Soldiers' and Sailo s' Civi Relief Action of Congress of 1940 and its Amendments. 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. STEVEN A. GRIFFITH TRACY L. GRIFFITH (Mortgagor(s) and Record owner(s)) 618 West Louther Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 07-3322 ORDER FOR JUDGMENT Please enter Judgment in favor of WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, and against STEVEN A. GRIFFITH and TRACY L. GRIFFITH for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States ofr Ia) from the date of service of the Complaint, in the sum of $145,625.39. Joseph A. Gi Attorney for I hereby certify that the above names are correct and that the preNDet(s) a address of the judgment creditor is WM SPECIALTY MORTGAGE LLC, WITHOUT RECOUParkway West Suite 100 Orange, CA 92868 and that the name(s) and last known address(es) of th ' /are STEVEN A. GRIFFITH, C/O MICHAEL E. STOSIC, ESQ. 2207 Chestnut Street PH PA 19103 and TRACY L. GRIFFITH, C/O MICHAEL E. STOSIC, ESQ. 2207 Chestnut Street IA, PA 19103; GOLDBECK McC T & McKEEVER BY: Joseph A. Gol rbck, r Attorney for Plaint ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 12/01/2006 through 10/29/2007 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 5 X $575.94 Fees Recoverable Balance Suspense Escrow $123,090.18 $12,810.50 $6,154.51 $759.30 $900.00 $2,879.70 $106.00 $25.50 -$1,035.83 -$64.47 $145,625.39 GOLDBECK Mc ?RTY & McKEEVER BY: Joseph A. Go db c , Attorney for Plain ff AND NOW, this day of , 2007 damages are assessed as above. Pro Prothy --<` C l) t r7 CD w 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 No. 07-3322 VS. STEVEN A. GRIFFITH TRACY L. GRIFFITH (Mortgagors and Record Owner(s)) 618 West Louther Street Carlisle, PA 17013 Defendant(s) 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: S &we AIGA Deputy If you have any questions concerning the above, please contact: %107 Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS ACTION OF MORTGAGE FORECLOSURE of Cumberland County CIVIL ACTION - LAW No. 07-3322 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/30/2007 to Date of Sale at 11.2500% $145,625.39 (Costs to be added) GOLDBECK MCCAI BY: Joseph A. Goldb Attorney for Plaintiff Jr. & McKEEVER H o w H a_ a M O H p a; U za O a U H ? Z 3 a? z p ?. N b i V W a x H O? M W y E" w -o v? o W o ~ b a Q+ 6> v ZU ? w I3 x pt > 00 P6, ? V a U b O 0 ti s IL) t cno o0Do?$ oa , ?U a? U ? ?VI ? O N ?a N coo Q M 03 0 ?? x i y 15 p. ?o L7 r Q 0 The land referred to in this Commitment is described as follows: ALL the following two tracts or parcels of land situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania more particularly bounded and described as follows: TRACT ONE; On the North by West Louther Street; on the East by property formerly of Mabel Grace Wheatfield, on the South by an alley; on the West by property formerly of John Linderner; Containing twenty-five (25) feet six (6(inches, more or less, in depth to said alley on the South. TRAC TWO: On the North by West Louther Street; on the West by land late or Ida P. Apgar; on the South by a 12 foot alley; and on the West by lands formerly of John Lindner; Containing twenty-five (25) feet in front of said West Louther Street, and extending at an even width in depth one hundred twenty (120) feet to the aforementioned alley. Parcel#50-20-1796-226 Property Address: 618 W. Louther Street, Carlisle, PA 17013 Municipality: Borough of Carlisle 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH (Mortgagor(s) and Record Owner(s)) 618 West Louther Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-3322 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: 618 West Louther Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN A. GRIFFITH C/O MICHAEL E. STOSIC, ESQ. 2207 Chestnut Street PHILADELPHIA, PA 19103 TRACY L. GRIFFITH C/O MICHAEL E. STOSIC, ESQ. 2207 Chestnut Street PHILADELPHIA, PA 19103 2. Name and address of Defendant(s) in the judgment: STEVEN A. GRIFFITH C/O MICHAEL E. STOSIC, ESQ. 2207 Chestnut Street PHILADELPHIA, PA 19103 TRACY L. GRIFFITH C/O MICHAEL E. STOSIC, ESQ. 2207 Chestnut Street PHILADELPHIA, PA 19103 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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: RICHARD STEFFY 346 VETERANS WAY ELLIOTSBURG, PA 17024 DANA H. STEFFY 346 VETERANS WAY ELLIOTSBURG, PA 17024 DANA H. STEFFY 346 VETERANS WAY ELLIOTTSBURG, PA 17024 RICHARD B. STEFFY 346 VETERANS WAY ELLIOTTSBURG, PA 17024 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 618 West Louther 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 o the est of my personal knowledge or information and belief. I understand that false statements herein are made subj ct to t pe?[alties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. // DATED: October 29, 2007 GOLDBECK] BY: Joseph A. Attorney for P 'Y & McKEEVER ., Esq. r? . ?? ?? Cam;, ?, ? ? > r?? f?= '? ? • ? r .. -T? . , -? r . r C...y ? A 07-3322 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 Defendant(s Term No. 07-3322 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: GRIFFITH, STEVEN A. STEVEN A. GRIFFITH C/O MICHAEL E. STOSIC, ESQ. 2207 Chestnut Street PHILADELPHIA, PA 19103 Your house at 618 West Louther Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $145,625.39 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 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 07-3322 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 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 07-3322 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@jzoldbecklaw.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 53014FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. r 07-3322 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 Defendant(s) Term No. 07-3322 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: GRIFFITH, TRACY L. TRACY L. GRIFFITH C/O MICHAEL E. STOSIC, ESQ. 2207 Chestnut Street PHILADELPHIA, PA 19103 Your house at 618 West Louther Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $145,625.39 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 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 07-3322 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 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 *7 07-3322 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.hudgov 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 homeretentionkgoldbecklaw.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 53014FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 61 & West Louther Street Carlisle, PA 17013 Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the at action, and I further certify that this property is subject to Act 91 of 1983 the provisions of the Act. Joseph A. Attorney IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 07-3322 cord for the Plaintiff in this intiff has complied with all Jr. n ~7 C? f7, I T' 7 , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3322 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 STEVEN A. GRIFFITH & TRACY L. GRIFFITH (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 $145,625.39 L.L.$.50 Interest from 10/30/07 to Date of Sale at 11.2500% Atty's Comm % Due Prothy $2.00 Atty Paid $167.80 Other Costs Plaintiff Paid Date: 10/30/07 S u 's R. Long, Prothonot (Seal) By: i 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 WM Specialty Mortgage LLC, without recourse In the Court of Common Pleas of VS Cumberland County, Pennsylvania Steven A. Griffith and Tracy L. Griffith Writ No. 2007-3322 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 9, 2008 at 1035 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 Steven A. Griffith and Tracy L. Griffith located at 618 West Louther Street, 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 defendants, to wit: Steven A. Griffith and Tracy L. Griffith by regular mail to their last known address of c/o Michael E. Stosic, Esquire, 2207 Chestnut Street, Philadelphia, PA 19103. These letters were mailed under the date of January 8, 2008 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 16.19 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 2.00 Mileage 4.80 Levy 15.00 Surcharge 40.00 Postpone Sale 20.00 Law Journal 355.00 Patriot News 296.12 Share of Bills 16.17 ? 613 ?b g $825.78 So Answers: R. Thomas Kline, Sheriff B Real Estate S rgeant S? t^ C4, ?,?,. a? fi 493 v 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH (Mortgagor(s) and Record Owner(s)) 618 West Louther Street Carlisle, PA 17013 Defendant(s) No. 07-3322 AFFIDAVIT PURSUANT TO RULE 3129 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: 618 West Louther Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN A. GRIFFITH C/O MICHAEL E. STOSIC, ESQ. 2207 Chestnut Street PHILADELPHIA, PA 19103 TRACY L. GRIFFITH C/O MICHAEL E. STOSIC, ESQ. 2207 Chestnut Street PHILADELPHIA, PA 19103 2. Name and address of Defendant(s) in the judgment: STEVEN A. GRIFFITH C/O MICHAEL E. STOSIC, ESQ. 2207 Chestnut Street PHILADELPHIA, PA 19103 TRACY L. GRIFFITH C/O MICHAEL E. STOSIC, ESQ. 2207 Chestnut Street PHILADELPHIA, PA 19103 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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: RICHARD STEFFY 346 VETERANS WAY ELLIOTSBURG, PA 17024 DANA H. STEFFY 346 VETERANS WAY ELLIOTSBURG, PA 17024 DANA H. STEFFY 346 VETERANS WAY ELLIOTTSBURG, PA 17024 RICHARD B. STEFFY 346 VETERANS WAY ELLIOTTSBURG, PA 17024 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 618 West Louther 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 o the est of my personal knowledge or information and belief. I understand that false statements herein are made subj et to t e pe alties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 29, 2007 GOLDBECK M C RTY & McKEEVER BY: Joseph A. r., Esq. Attorney for Plamtiff ` , 07-3322 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 Defendant( Term No. 07-3322 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: GRIFFITH, STEVEN A. STEVEN A. GRIFFITH CIO MICHAEL E. STOSIC, ESQ. 2207 Chestnut Street PHILADELPHIA, PA 19103 Your house at 618 West Louther Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $145,625.39 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 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL, ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 07-3322 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 1-866413-2311 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. 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 fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-3322 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 53014FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 07-3322 GOLDBECK MCCA nRTY & 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 Defendants; Term No. 07-3322 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 4 TO: GRffITH, TRACY L. TRACY L. GRIFFITH C/O MICHAEL E. STOSIC, ESQ. 2207 Chestnut Street PHILADELPHIA, PA 19103 Your house at 618 West Louther Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $145,625.39 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 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 07-3322 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 1-866413-2311 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. 3. You may also be able to stop the sale through other legal proceedings You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. " You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-3322 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 1-866413-2311 or via email at homeretention(@zoldbecklaw.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 53014FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-3322 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 STEVEN A. GRIFFITH & TRACY L. GRIFFITH (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 $145,625.39 L.L.$.50 Interest from 10/30/07 to Date of Sale at 11.2500% Atty's Comm % Due Prothy $2.00 Atty Paid $167.80 Other Costs Plaintiff Paid Date: 10/30/07 Cu is R. Long, Prothonota (Seal) By: 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 Real Estate Sale #45 On November 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 618 West Louther Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 7, 2007 By: Real Es Sergeant c? t', 1 L 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: January 25, February 1 and February 8, 2008 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. Marie Coyne, SVV'6F4n0 AND SUBSCRIBED before me this 8 day of February, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28C0201 FAM& AM" 80. 48 Writ No. 2007-3322 Civil WM Specialty Mortgage LLC, without recourse vs. Steven A. Griffith and Tracy L. Griffith Atty.: Joseph Goldbeck DESCRIPTION The land referred to in this Com- mitment is described as follows: ALL the following two tracts or parcels of land situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania more particularly bounded and described as follows: TRACT ONE: On the North by West Louther Street; on the East by property formerly of Mabel Grace Wheatfield, on the South by an alley; on the West by property formerly of John Linderner; Containing twenty- five (25) feet six (6) inches, more or less, in depth to said alley on the South. TRACT TWO: On the North by West Louther Street; on the West by land late or Ida P. Apgar; on the South by a 12 foot alley; and on the West by lands formerly of John Lindner; Containing twenty-five (25) feet in front of said West Louther Street, and extending at an even width in depth one hundred twenty (120) feet to the aforementioned alley. Parcel#50-20-1796-226. Property Address: 618 W. Louther Street, Carlisle, PA 17013. Municipality: Borough of Carl- isle. The Patriot-News Co. "` 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02106/08 02/13/08 R Sworn to and cribed before mZis d Lb?rruary, 2008 A.D. Notary Public COMMOMNFALTH-OF PENNSYLVANIA Notarial Seal Sibeb L Kaner Notary public CKYOf Herisbug Dauphin County M nempres Nov. 26, 2011 "mum, Pennrytvania Association of Notaries REAL ESTATE SALE NO. 45 Writ No. 2007-3322 Civil Term WM Specialty Mortgage LLC, without recourse VS Steven A. Griffith and Tracy L. Griffith Attorney Joseph Goldbeck DESCRIPTION The land referred to in this Commitment is described as follows: ALL the following two tracts or parcels of land situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania more particularly bounded and described as follows: TRACT ONE: On the North by West Louther Street; on the East by property formerly of Mabel Grace Wheatfield, on the South by an alley; on the West by property formerly of John Lindemer; Containing twenty-five (25) feet six 16(inches. more or less, in depth to said alley on the South. TRACT TWO: On the North by West Louther Street; on the West by land late or Ida P. Apgar; on the South by a 12 foot alley; and on the West I, lands formerly of John Lindner; Containing twenty-five (25) feet in front of said West Louther Street, and extending at an even ,idth in depth one hundred twenty (120) feet to ute aforementioned alley. Parcel#50-20-1796-226 Property Address: 618 W. Louther Street. Carlisle. PA 17013 Municipality: Borough of Carlisle GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever 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 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. STEVEN A. GRIFFITH TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 Defendants PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: No. 07-3322 Kindly vacate the?j,udgment upon payment of your costs only. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY /? '0 fjofOA MICHA T. MCKEEVER, ESQUIRE v °m G r- CT 0 to ON GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever Attorney I.D. #56129 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 07-3322 Defendants PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. MICHAEL T. MCKEEVER, ESQUIRE c ,ESr C- r C N Ch ..C