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HomeMy WebLinkAbout07-3390GOLDBECK 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 ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 Plaintiff vs. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK Mortgagors and Real Owners 443 West North Street Carlisle, PA 17013 Defendants 07 - 33 ?b C ? t- L `7-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term CIVIL ACTUN: MORTGAGE t? I?PC.I.O,@t.IIIF NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A 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 FHZM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 9400 or 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 2). 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-783-8900 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a)goldbecklaw com. Call 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 53105FC. 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 ABN AMRO MORTGAGE GROUP, INC., 7159 Corklan Drive, Jacksonville, FL 32058. 2. The names and addresses of the Defendants are CHRISTOPHER J. DANKANICH, 443 West North Street, Carlisle, PA 17013 and WENDY L. FULLERTON-RUDYK, 443 West North Street, Carlisle, PA 17013, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On March 19, 2003 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to ABN AMRO MORTGAGE GROUP, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1805, Page 1597. 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 ................................ ...$115,761.08 ............................................... Interest from 12/01/2006 through 06/30/2007 at 6.0000% .......................$4.034.36 Per Diem interest rate at $19.03 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ..... Late Charges from 01/01/2007 to 06/30/2007 ............................ Monthly late charge amount at $29.37 Costs of suit and Title Search ...................................................... Property Inspection ...................................................................... Fees ......................................... Monthly Escrow amount $219.31 ............. $5,788.05 ................ $234.96 ..$900.00 ....$79.46 ....$27.00 $126,824.91 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an "in personam" 'ud Defendants in this Action but reserves its right to bring a separate Action to estab sh thagright, 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 $126,824.91, together with interest at the rate of $19.03, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: DBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION John K Jones 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: LOIN lO ,J,-T I? ;oGAG?C? SEAL Asst. Vice Pre ii ABN AMRO MORT ttGROUP INC. #0634735514 - CHRISTOPHER J. DANKANICH and WENDY L. FULLERTON-RUDYK ExhibitA File No. PH1296817 Appendix A ALL THAT CERTAIN LOT OR PIECE OF LAND SITUATE IN THE FOURTH WARD-IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT THE NORTHEASTERN CORNER OF WEST NORTH STREET AND CHERRY STREET; THENCE ALONG THE EASTERN LINE OF CHERRY STREET, NORTH 120.42 FEET TO THE CORNER OF AN ALLEY; THENCE EAST 59 FEET TO A POINT; THENCE SOUTH 120.42 FEET TO THE NORTHERN LINE OF WEST NORTH STREET; THENCE WEST 59 FEET TO THE PLACE OF BEGINNING. BEING 25 FEET AT THE WESTERN END OF LOT NUMBER 13 AND ALL OF LOT NUMBER 14 AS SHOWN ON PLAN OF LOTS OF GERMEYER TRACT, SAID PLAN OF LOTS BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY OF CARLISLE, PENNSYLVANIA, IN PLAN BOOK 3, AT PAGE 1 AND HAVING THEREON ERECTED A TWO STORY BRICK AND FRAME DWELLING HOUSE KNOWN AND NUMBERED 443 WEST NORTH STREET BEING THE SAME PROPERTY CONVEYED TO CHRISTOPHER J. DANKANICH AND WENDY L. FULLERTON-RUDYK, BY DEED DATED SEPTEMBER 17, 2001, FROM JOHN S. AUGUSTINE, II AND RHONDA J. AUGUSTINE, HUSBAND AND WIFE, OF RECORD IN BOOK 248 PAGE 2431, OFFICE OF THE CUMBERLAND COUNTY COURT CLERK. --t-` Form Cam E..x..hibit B 0634735514 03/07/07 DR406 031 EWB PA Breach HOW TO CURE YOUR MORTGAGE DEFAULT (Bring It Up To Date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 443 W North St Carlisle PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from 01-01-07 Thru Present @ $ 2,860.44 Other Charges: Escrow, Late charge, NSF fee, TOTAL AMOUNT PAST DUE $ 3,056.75 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,056.75, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: ABN AMRO Mortgage, 8201 Innovation Way, Chicago, IL 60682. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this notice the lender intends to exercise its rights to accelerate the mortgage debt. Acceleration of the entire debt. This means the entire outstanding balance of this debt will be considered due immediately and you may lose your chance to pay the mortgage in monthly installments. If full payment of the total amount is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you the reasonable attorney's fees that were uacwill tually lincurred, upetoto pay $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 cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's 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 DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: ABN AMRO MORTGAGE 4242 NORTH HARLEM AVENUE NORRIDGE, IL 60706 1-800-783-8900 OR Fax Number: 1-708-456-8593 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgage property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges attorney's fees and costs 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 BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. - TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. - TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDER YEAR.) - TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUED 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 (See Attached) THIS MAY BE AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. DR406 0634735514 03/07/07 DR405 030 EWB PA Breach. March 07, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE * This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSIST PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and telephone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. Persons with impaired hearing call 1-717-780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUALPUEDE PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Christopher J Dankanich Wendy L Fullerton-Rudyk PROPERTY ADDRESS: Christopher J Dankanich MORTGAGE LOAN NUMBER: 0634735514 CURRENT LENDER/SERVICER: ABN AMRO MORTGAGE 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 YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. 1. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, 2. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND Page 2 Mortgage Loan Number 0634735514 3. 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 must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. 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 default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM. To do so, you must fill out, sign and file a completed HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM APPLICATION with one of the designated Consumer Credit Counseling agencies. 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. If you have received a discharge in bankruptcy and the debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against the property. ABN AMRO Mortgage may pursue its right against the property, including the right to foreclose, if the delinquency is not cured. DR405 7D I j N 17 aa? Fl; 0 GOLDBECK McCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 VS. CHRISTOPHER J. DANKANICH and WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 No. 07-3390 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, David B. Fein, Esq., in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 443 West North Street, Carlisle, PA, 17013, hereinafter, the "mortgaged premises". 2. Defendants, CHRISTOPHER J. DANKANICH and WENDY L. FULLERTON- RUDYK, are the mortgagors and real owners of the mortgaged premises. 3. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), I, David Fein, Esquire, hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the Defendant, Christopher J. Dankanich, has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendant, Christopher J. Dankanich, to request his concurrence. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 4. The last known address of Defendant, Christopher J. Dankanich, is as set forth in Paragraph 2 of the Complaint. The Sheriff has been unable to effect service of the Complaint upon Defendant, Christopher J. Dankanich, at his property address, 443 West North Street, Carlisle, PA, 17013, after numerous attempts. The Defendant, Christopher J. Dankanich, does not live at the property address, per Co-Defendant, Wendy L. Fullerton-Rudyk. There is no forwarding address at the Post Office, per Sheriff. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Christopher J. Dankanich. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant, Christopher J. Dankanich, by posting the premises and certified and regular mail to the Defendant's last known address. W BY: David B. F An, Esq. Affidavit of Good Faith Investicaation Client provided information: File Number: 53105FC Attorney Firm: Goldbeck, McCafferty & McKeever File Name: Dankanich Subject Name: Christpher J. Dankanich Property Address: Street: 443 W. North Street City: Carlisle State: PA Zip: 17013 Skip Results: Date of Birth: 02/15/1950 ProVest File Number: 200470 Last Known Dates: As of 06/04/2007 Street: 443 W. North Street Phone: City: Carlisle State: PA Zip: 17013 Death Records: As of 06/04/2007, the Social Security Administration has no death record on file for Christpher J. Dankanich. Social Security Number search completed. Employment Search: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for Christpher J. Dankanich as 443 W. North Street, Carlisle, PA 17013 Department of Motor Vehicle Records: The Pennsylvania Department of Motor Vehicles provided no change for Christpher J. Dankanich from 443 W. North Street, Carlisle, PA 17013 Public Licenses (Pilot, Real Estate, etc): Search performed provided no information. Voter Registration Information : The County Voters Registration Office has no listing for Christpher J. Dankanich. National Postal Address Search: Has no change for Christpher J. Dankanich from 443 W. North Street, Carlisle, PA 17013 Comments: 772-692-1899: Called possible relative, Robert Fullerton, refused to provide any information, took message, no response. 717-243-3548: Called possible neighbor, Eric Kiehl, answering machine answered, no message left. 717-241-4092: Called possible neighbor, Kelly Eiserman, answering machine answered, no message left. On 06/04/2007, I, Patti Garrett being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. _ - ?, Subsctib ed and sworn to befote me. f • y Afr Nam Ptstt? re#1 ,_ _ w,_ Notor'y Putl _ .,..,. w Date: 06/04/2007 G+ KIM A"1rTESERY # Notary Pub0a STATE OF TEXAS ",`,w foar? WW0n Exp. W12.2009 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03390 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS DANKANICH CHRISTOPHER J ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DANKANICH CHRISTOPHER J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT DANKANICH CHRISTOPHER J 443 WEST NORTH STREET CARLISLE, PA 17013 PER WENDY, DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. BELIEVED TO LIVE IN CAMP HILL. NO FORWARDING AT POST OFFICE. Sheriff's Costs: So answers Docketing 18.00 ?... • = Service 9.60 " Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 42.60 GOLDBECK MCCAFFERTY MCKEEVER 07/02/2007 Sworn and Subscribed to before me this day of , A.D. GOLDBECK MCCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY VS. CHRISTOPHER J. DANKANICH and WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 VERIFICATION No. 07-3390 I, David B. Fein, Esq., Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. yo:::- BY: David B. Fe', Esq. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058" VS. CHRISTOPHER J. DANKANICH and WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 OF Cumberland COUNTY No. 07-3390 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant, Christopher J. Dankanich, which the Sheriff has been unable to personally serve upon Defendant, Christopher J. Dankanich. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant, Christopher J. Dankanich, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, a r__ David B. Fein, Esq. IN THE COURT OF COMMON PLEAS GOLDBECK MCCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 IN THE COURT OF COMMON PLEAS Of Cumberland County vs. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 CERTIFICATE OF SERVICE No. 07-3390 David B. Fein, Esq., does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, Christopher J. Dankanich, this 20`h day of July 2007, by first class mail, postage prepaid. apt BY: David B. Fein, Esq r-l z? kD , JUL 2 4 2001 ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 VS. CHRISTOPHER J. DANKANICH and WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 ORDER AND NOW, this z r. " day of Q,,, l IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 07-3390 2007, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Christopher J. Dankanich, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, Christopher J. Dankanich, by posting a copy of the Complaint upon the premises 443 West North Street, Carlisle, PA, 17013, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 443 West North Street, Carlisle, PA, 17013, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Christopher J. Dankanich, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Philadelphia, PA 19106-1532 Independence Center, CHRISTOPHER J. DANKANICH, 443 West North Street Carlisle, PA 1701: WENDY L. FULLERTON-RUDYK, 443 West North Street Carlisle, PA 170 (ff ol..,c?be?1? ? Caere - Y M'- I eeveR s Market Street, BY THE COURT: C3 Q? J ,P i -J 0 W C' Q c SHERIFF'S RETURN - REGULAR CASE NO: 2007-03390 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS DANKANICH CHRISTOPHER J ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FULLERTON-RUDYK WENDY L the DEFENDANT , at 2105:00 HOURS, on the 27th day of June 2007 at 443 WEST NORTH STREET CARLISLE, PA 17013 by handing to WENDY L FULLERTON 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 .00 1'091 v? Q.- 16.00 Sworn and Subscibed to before me this day of So Answers: ,r R. Thomas Kline 07/02/2007 GOLDBECK MCCA/FFERTY MCKEEVER By: Deputy Sheriff A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03390 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS DANKANICH CHRISTOPHER J ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DANKANICH CHRISTOPHER J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT NOT FOUND , as to DANKANICH CHRISTOPHER J 443 WEST NORTH STREET CARLISLE, PA 17013 PER WENDY, DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. BELIEVED TO LIVE IN CAMP HILL. NO FORWARDING AT POST OFFICE. Sheriff's Costs: Docketing 18.00 Service 9.60 Not Found 5.00 Surcharge 10.00 .00 ?r10e1o7 42.60 So answe_z,,-r, R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 07/02/2007 Sworn and Subscribed to before me this day of A. D. GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW VS. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 Defendant(s) ACTION OF MORTGAGE FORECLOSURE Term No. 07-3390 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. GOLDBECK, McCAFFERTY & McKEEVER 4? t-1 By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff n ? + ja` Q •?y Ste`'. ` ? y `? SHERIFF'S RETURN - REGULAR CASE NO: 2007-03390 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS DANKANICH CHRISTOPHER J 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 DANKANICH CHRISTOPHER J the DEFENDANT , at 1420:00 HOURS, on the 13th day of August , 2007 at 443 WEST NORTH STREET CARLISLE, PA 17013 POSTED PROPERTY AT 443 WEST by handing to NORTH STREET CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge -Y l a Z/0 .r 4- ? Sworn and Subscibed to before me this of So Answers: 18.00 4.80 6.00 10.00 R. Thomas Kline .00 38.80 08/14/2007 GOLDBECK MCCAFFERT C EVER By: . day D uty Sheriff , A.D. GOLDBECK WCAFFERTY & MCKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #816132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 VS. CHRISTOPHER J. DANKANICH and WENDY L. FULLERTON-RUDYK Mortgagor(s) 443 West North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-3390 CERTIFICATE OF SERVICE JOSEPH A. GOLDBECK, JR. ESQUIRE hereby certifies that on 7 d a?7 he did serve upon Defendant(s) CHRISTOPHER J. DANKANICH a true and correct copy of the above- captioned Complaint by certified and regular mail in accordance with the Court Order dated July 26, 2007. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Respectfully GOLDBECK McCAFFERT%T& McKEEVER BY: JOSEPH A. GOLDBECK, JR. ESQUIRE .... In the Court of Common Pleas of Cumberland County ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 Plaintiff VS. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK (Mortgagor(s) and Record Owner(s)) 443 West North Street Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No. 07-3390 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 CHRISTOPHER J. DANKANICH and WENDY L. FULLERTON-RUDYK by default for want of an Answer. Assess damages as follows: Debt Interest from 10/11/2007 to Date of Sale Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPE( BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN I certify that written notice of the intention to file this praecipe was mailed or delivered is to be entered and to his attorney of record, if any, after the default occurred and at lez filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A. Gol eck? Attorney for p, intifl I.D. #16132 AND NOW q? 6D7 dg AMRO MORTGAGE GROUP, INC. and against CHRISTOPHER J. DANKANICH and RUDYK by default for want of an Answer and damages assessed in the sum of $129,980.00 $129,980.00 i AMOUNTS ALLEGED TO [ THE COMPLAINT. party ainst whom judgment day rior to the date of the ntered in favor of ABN FULLERTON- the above certification. dwLu- 5 C- r thonotary 6 04:6 53105FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: September 13, 2007 TO: WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 vs. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK (Mortgagor(s) and Record Owner(s)) 443 West North Street Carlisle, PA 17013 TO: WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 07-3390 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 10 se ham. sa?cffzec?- GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 53105FC 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. TO: CHRISTOPHER J. DANKANICH 443 West North Street Carlisle, PA 17013 ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 Plaintiff vs. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK (Mortgagor(s) and Record Owner(s)) 443 West North Street Carlisle, PA 17013 Defendant(s) TO: CHRISTOPHER J. DANKANICH 443 West North Street Carlisle, PA 17013 DATE OF THIS NOTICE: September 13, 2007 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 07-3390 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 `0XT)h A (nack lr GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, CHRISTOPHER J. DANKANICH, is about unknown years of age, that Defendant's last known residence is 443 West North Street, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Mil' y or Naval Service of the United States or its Allies, or o herwise within the provisions of the Soldiers' and Sailors' Ci it 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, WENDY L. FULLERTON- RUDYK, is about unknown years of age, that Defendant's last known residence is 443 West North Street, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the M of the United States or its Allies, provisions of the Soldiers' and Sailors' Congress of 1940 and its Amendments. i tary or Naval Service r otherwise within the )ivil Relief Action of 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 ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 VS. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK (Mortgagor(s) and Record owner(s)) 443 West North Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 07-3390 ORDER FOR JUDGMENT Please enter Judgment in favor of ABN AMRO MORTGAGE CHRISTOPHER J. DANKANICH and WENDY L. FULLERTON-RU above action within (20) days (or sixty (60) days if defendant is the Un: service of the Complaint, in the sum of $129,980.00. Joseph A. G Attorney for I hereby certify that the above names are correct and that th pr ise creditor is ABN AMRO MORTGAGE GROUP, INC. 7159 Corkla Dri e J name(s) and last known address(es) of the Defendant(s) is/are CHR T H North Street Carlisle, PA 17013 and WENDY L. FULLERTON-RU Y N 17013; GOLDBECK BY: Joseph A Attorney for I INC., and against failure to file an Answer in the of America) from the date of -esid ce address of the judgment ckson il16, FL 32058 and that the ,R J. IPANKANICH, 443 West 3 WA North Street Carlisle, PA ZTY & McKEEVER Jr. ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. CHRISTOPHER J. DANKANICH and WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 07-3390 O R AND NOW, this day 007, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) a d it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Christopher J. Dankanich, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, Christopher J. Dankanich, by posting a copy of the Complaint upon the premises 443 West North Street, Carlisle, PA, 17013, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 443 West North Street, Carlisle, PA, 17013, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Christopher J. Dankanich, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises- BY THE URT. S Arm, -jow J. Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 CHRISTOPHER J. DANKANICH, 443 West North Street Carlisle, PA 17013 WENDY L. FULLERTON-RUDYK, 443 West North Street Carlisle, PA 17013 ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $115,761.08 Interest from 12/01/2006 through $5,975.42 10/10/2007 Reasonable Attorney's Fee $5,788.05 Late Charges $352.44 Costs of Suit and Title Search $900.00 Property Inspection $79.46 Fees $27.00 Escrow $1,096.55 $129,980. GOLDBECK McC BY: Joseph A. GOI4 Attorney for Plaint] AND NOW, this `"dam day of ?-, 2007 damages are TY & McKEEVER as /? OUL4?1 2. " - Pr Prothy J ,? -ty _ kA o P Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 Plaintiff vs. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK (Mortgagors and Record Owner(s)) 443 West North Street Carlisle, PA 17013 Defendant(s) No. 07-3390 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 0(GB 1011.1/07 Daput? If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-3390 PRAECIPE FOR WRIT OF EXECUTION 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 ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 vs. CHRISTOPHER J. DANKANICH WENDY 1.. EULLERTON-RUDYK Mortgagor(s) and Record Owner(s) 443 West North Street Carlisle, PA 17013 TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/11/2007 to Date of Sale at 6.0000% (Costs to be added) $129,980.00 w d ? U v' U W ??? R F U tiw U'a ion H ,_ Q H" cv "?'^ C7 ea o ? ss. cn C.1 C7 > G ai a Q v Q C H p ? ww ?3 ? p c ?, ? _ p ? H an ".? vz 9 11 - iy,o oo°° sv .o ALL THAT CERTAIN LOT OR PIECE OF LAND, SITUATE IN THE FOURTH WARD IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT THE NORTHEASTERN CORNER OF WEST NORTH STREET AND CHERRY STREET; THENCE ALONG THE EASTERN LINE OF CHERRY STREET, NORTH 120.42 FEET TO THE CORNER OF AN ALLEY; THENCE EAST 59 FEET TO A POINT; THENCE SOUTH 120.42 FEET TO THE NORTHERN LINE OF WEST NORTH STREET; THENCE WEST 59 FEET TO THE PLACE OF BEGINNING. BEING 25 FEET AT THE WESTERN END OF LOT NUMBER 13 AND ALL OF LOT NUMBER 14 AS SHOWN ON PLAN OF LOTS GERMEYER TRACT, SAID PLAN OF LOTS BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY OF CARLISLE, PENNSYLVANIA, IN PLAN BOOK 3, AT PAGE 1 AND TAX PARCEL NO: 50-20-1796-036 * -?. GoldbeckMcCafferty & 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 ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 vs. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK (Mortgagor(s) and Record Owner(s)) 443 West North Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 07-3390 AFFIDAVIT PURSUANT TO RULE 3129 ABN AMRO MORTGAGE GROUP, INC., 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: 443 West North Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): CHRISTOPHER J. DANKANICH 443 West North Street Carlisle, PA 17013 WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: CHRISTOPHER J. DANKANICH 443 West North Street Carlisle, PA 17013 WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 ow Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 443 West North Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to th best talties my personal l . owledge or information and belief. I understand that false statements herein are made subject t the of 1 a. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 10, 2007 GOLDBECK McCA E Y & McKEEVER BY: Joseph A. Gold e k, Jr., sq. Attorney for Plaint' 07-3390 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 ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 Plaintiff vs. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK Mortgagor(s) and Record Owner(s) 443 West North Street Carlisle, PA 17013 Defendant(s; Term No. 07-3390 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: DANKANICH, CHRISTOPHER J. CHRISTOPHER J. DANKANICH 443 West North Street Carlisle, PA 17013 Your house at 443 West North 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 $129,980.00 obtained by ABN AMRO MORTGAGE GROUP, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to ABN AMRO MORTGAGE GROUP, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 07-3390 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-3390 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 53105FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 07-3390 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 ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 Plaintiff vs. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK Mortgagor(s) and Record Owner(s) 443 West North Street Carlisle, PA 17013 Defendant(s) Term No. 07-3390 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: FULLERTON-RUDYK, WENDY L. WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 Your house at 443 West North Street, Carlisle, PA 17013 is scheduled to be sold at Sheriff s Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $129,980.00 obtained by ABN AMRO MORTGAGE GROUP, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to ABN AMRO MORTGAGE GROUP, INC., 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. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 07-3390 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. 'I'o 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 r' 07-3390 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@gLoldbecklaw.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 53105FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3390 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From CHRISTOPHER J. DANKANICH & WENDY L. FULLERTON-RUDYK (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 $129,980.00 Interest from 10/11/07 to Date of Sale at 6.0000% Atty's Comm % Atty Paid $226.40 Plaintiff Paid Date: 10/12/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs C rtis R. Long, Prothon ry By: Depu REQUESTING PARTY: Name JOSEPH A GOLDBECK, 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 ABN Amro Mortgage Group, Inc. VS Christopher J. Dankanich and Wendy L. Fullerton-Rudyk In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-3390 Civil Term 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 352.87 Prothonotary 2.00 Law Library .50 Levy 15.00 Mileage 4.80 Posting 6.00 Surcharge 30.00 $441.17" r>111ZIr?-e ?-- ?-&? R. Thomas Kline, Sheriff Real Estate Sergeant i Goldbeck McCafferty & McKeever BY: JoA)h A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC. 7159 Corktan Drive Jacksonville, FL 32058 Plaintiff vs. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK (Mortgagor(s) and Record Owner(s)) 443 West North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-3390 AFFIDAVIT PURSUANT TO RULE 3129 ABN AMRO MORTGAGE GROUP, INC., 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: 443 West North Street Carlisle, PA 17013 I .Name and address of Owner(s) or Reputed Owner(s): CHRISTOPHER J. DANKAMCII 443 West North Street Carlisle, PA 17013 WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment CHRISTOPHER J. DANKANICH 443 West North Street Carlisle, PA 17013 WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 1 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 443 West North Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to th best f my personal knowledge or information and belief. I understand that false statements herein are made subject t the enalties of a. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 10, 2007 GOLDBECK MICA E Y & McKEEVER BY: Joseph A. Gold e k, Jr., sq. Attorney for Plaint 07-3390 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 ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County vs. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK Mortgagor(s) and Record Owner(s) 443 West North Street Carlisle, PA 17013 Defendant(s; Tenn No. 07-3390 THIS LAW FI 'vl 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: DANKANICH, CHRISTOPHER J. CHRISTOPHER J. DANKANICH 443 West North Street Carlisle, PA 17013 Your house at 443 West North 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 $129,980.00 obtained by ABN AMRO MORTGAGE GROUP, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to ABN AMRO MORTGAGE GROUP, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 07-3390 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 1-1-11S 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 07-3390 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.2?ov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.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 53105FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 07-3390 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 ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County vs. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK Mortgagor(s) and Record Owner(s) 443 West North Street Carlisle, PA 17013 Defendant(s; Term No. 07-3390 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: FULLERTON-RUDYK, WENDY L. WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 Your house at 443 West North 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 $129,980.00 obtained by ABN AMRO MORTGAGE GROUP, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to ABN AMRO MORTGAGE GROUP, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 07-3390 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 07-3390 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.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: 215-825-641 S. Please reference our Attorney File Number of 53105FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN LOT OR PIECE OF LAND, SITUATE IN THE FOURTH WARD IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT THE NORTHEASTERN CORNER OF WEST NORTH STREET AND CHERRY STREET; THENCE ALONG THE EASTERN LINE OF CHERRY STREET, NORTH 120.42 FEET TO THE CORNER OF AN ALLEY; THENCE EAST 59 FEET TO A POINT; THENCE SOUTH 120.42 FEET TO THE NORTHERN LINE OF WEST NORTH STREET; THENCE WEST 59 FEET TO THE PLACE OF BEGINNING. BEING 25 FEET AT THE WESTERN END OF LOT NUMBER 13 AND ALL OF LOT NUMBER 14 AS SHOWN ON PLAN OF LOTS GERMEYER TRACT, SAID PLAN OF LOTS BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY OF CARLISLE, PENNSYLVANIA, IN PLAN BOOK 3, AT PAGE 1 AND TAX PARCEL NO: 50-20-1796-036 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-3390 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From CHRISTOPHER J. DANKANICH & WENDY L. FULLERTON-RUDYK (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 $129,980.00 L.L. $.50 Interest from 10/11/07 to Date of Sale at 6.0000% Atty's Comm % Due Prothy $2.00 Atty Paid $226.40 Other Costs Plaintiff Paid Date: 10/12/07 S ' C'urtis R. Long, Prothono6ry (Seal) By; )Lleud- Deputy REQUESTING PARTY: Name JOSEPH A GOLDBECK, 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 # 07 On October 29, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 443 W. North Street, r, Carlisle, more fully described on Exhibit "A"; n filed with this writ and by this reference incorporated herein. Date: October 29, 2007 By: Real Estate Sergeant A 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 ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 vs. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 Plaintiff PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: No. 07-3390 Kindly vacate the judgment upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY p t I ? te ? - a r - i? GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 Plaintiff VS. CHRISTOPHER J. DANKANICH WENDY L. FULLERTON-RUDYK 443 West North Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 07-3390 Defendants PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE {' ' ? 4-i _ ca ?.... ? F .,? ... ?+? ..?..? ? ? 4 :?7 _? . .. _ rte,,'.' ' ?! „. C.<,.;