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Home My WebLink About07-3488GOLDBECK 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 07 - 3yPp ? WM SPECIALTY MORTGAGE LLC 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. TAMARA R. YOST Mortgagor and Real Owner 168 W. Middlesex Drive Carlisle, PA 17013 Defendant ACTION OF MORTGAGE FORECLOSURE Term CIVIL ACTIOWIAORTGAGE NOTICE Prim ?CLOAUR 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 PARTICIPACION. , LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW 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 866-296-8937 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 homeretentionCcr?,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 53173FC. 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, 9451 Corbin Avenue, Northridge, CA 91324. 2. The names and addresses of the Defendant is TAMARA R. YOST, 168 W. Middlesex Drive, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On April 19, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS A NOMINEE FOR ACCREDITED HOME LENDERS, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1947, Page 4611. The mortgage has been assigned to: WM SPECIALTY MORTGAGE LLC 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 ..................................................................................$169,260.33 Interest from 12/01/2006 through 06/30/2007 at 8.4990% .......................$8,354.91 Per Diem interest rate at $39.41 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$8,463.02 Late Charges from 01/01/2007 to 06/30/2007 .............................................$470.52 Monthly late charge amount at $78.42 Costs of suit and Title Search ...................................................................... $900.00 Fees ................................................................................................................$83.70 NSF Charges ..................................................................................................$25.00 Recoverable Balance ......................................................................................$21.88 $187,579.36 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 Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $187,579.36, together with interest at the rate of $39.41, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: ,y? G DBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Chris Anderson as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: CIP, G #0690953435 - TAMARA R. YOST MANAGER TO WM SPECIALTY MORTGAGE LLC AS OWNER Chris Anderson E.rihibitA ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of North Middlesex Road at corner of lands now or formerly of Calder Clemson; thence by the center line of said North Middlesex Road, North 84 degrees 30 minutes East 323 feet, more or less, to corner of lands now or formerly of George Hinda; thence by said lands now or formerly of George Hinda and lands now or formerly of Raymond A. and Gladys 1. Smyser, his wife, South 05 degrees 30 minutes West 845 feet, more or less, to a point in line of lands now or formerly of Calder Clemson; thence by said lands now or formerly of Calder Clemson, South 86 1/2 degrees West 338 feet, more or less, to a point; thence by the same, North 6 1/2 degrees East 841.5 feet to a point, the place of beginning. BEING known and designated as Tax Parcel No. 21-06-0017-018 in the Deed Registry Office of Cumberland County, Pennsylvania- E MIBIT %AN zfl/ Ex hidit ? Washington Mutual PO Box 2441 Mailstop N010207 Chatsworth, CA 91313-2441 March 18, 2007 TAMARA YOST 168 W MIDDLESEX DR CARLISLE PA 17013 11111111111111111111111 0690953435 7100 4047 5100 3936 3368 000458 /PC WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0690953435 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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 CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. SP999 HOMEOWNER'S NAME(S): Tamara Yost PROPERTY ADDRESS: 168W Middlesex Dr. Carlisle PA 17013 LOAN ACCT. NUMBER: 0690953435 ORIGINAL LENDER: Jax CURRENT LENDER/SERVICER: Washington Mutual Bank 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: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. • 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 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 (a DAYS. IF YOU DO CONSUMER CREDIT COUNSELING A ..N .I s - 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 thirty (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 he =pry 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 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. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 0004581SP999 HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it uo to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 168W Middlesex Dr. Carlisle PA 17013 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 01101/2007 $1307.04 02/01/2007 $1307.04 03/01/2007 $1307.04 Other charges (explain/itemize): Uncollected Late Charges $0.00 Uncollected Fees: $0.00 Corporate advances $21.88 Less Credits $0.00 TOTAL AMOUNT PAST DUE: $3943.00 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): 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 $3943.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and cent o: Washington Mutual Bank 9451 Corbin Avenue Northridge, CA 91324 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (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 inters s exercise its rights M accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. *IF THE MORTGAGE S FOR . .D 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, 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 attonery'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 yon cure the default within the THIRTY (a DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. SP999 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yQu may still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff- Sale You may do so by paving the total amount then past due, play late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other cost connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgaM 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 SHERIFFS SA IN DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to 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. Name of Lender: Washington Mutual Bank Address: 9451 Corbin Avenue Northridge, CA 91324 Phone Number: 1-888-852-1745 Fax Number: 1-818-775-6260 Contact Person: Collection Department Email Address: www.wamuhomeloans.com EFFECTS OF SHERIFF'S SALE: - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not 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 costs are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THE 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 THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • 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 We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. SP999 ? D n c_ w C-) C7 U -TI 77 rTl y (Ovj SHERIFF'S RETURN - REGULAR CASE NO: 2007-03488 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS YOST TAMARA R WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YOST TAMARA R the DEFENDANT at 1949:00 HOURS, on the 19th day of June 2007 at 168 W MIDDLESEX DRIVE CARLISLE, PA 17013 JANET YOST, MOTHER by handing to 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 32.80 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/20/2007 GOLDBECK MCCAFFERTY MCKEEVER By: Deputy Sheriff of A. D. i In the Court of Common Pleas of Cumberland County WM SPECIALTY MORTGAGE LLC 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. TAMARA R. YOST (Mortgagor(s) and Record Owner(s)) 168 W. Middlesex Drive Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No 07-3488 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 TAMARA R. YOST by default for want of an Answer. Assess damages as follows: Debt Interest from 7/24/07 to Date of Sale Total (Assessment of Damages attached) $188,564.21 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten dlays prr to the date of the filing of this praecipe., A.copy. of the notice is attached. R.C.P. 237.1 A % 1 AND NOW_ App? , Judgment is entered in favor of WM SPECIALTY MORTGAGE LLC nd against TAMARA R. YOST by default for want of an Answer and damages assessed in the sum of $188,564.21 as per the above certification. r onotary C:7 rv 1' -^-# 8 -0 C71 ? :.? Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WM SPECIALTY MORTGAGE LLC 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. TAMARA R. YOST (Mortgagors and Record Owner(s)) 168 W. Middlesex Drive Carlisle, PA 17013 Defendant(s) No. 07-3488 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 VASA)17 By: /3? L.(FGS • /?.?A' Deputy 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 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I cam 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, TAMARA R. YOST, is about unknown years of age, that Defendant's last known residence is 168 W. Middlesex Drive, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: ) 4 9;... F=z 53173FC 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: July 10, 2007 TO: TAMARA R YOST 168 W. Middlesex Drive Carlisle, PA 17013 WM SPECIALTY MORTGAGE LLC 9451 Corbin Avenue Northridge, CA 91324 VS. TAMARA R. YOST (Mortgagor(s) and Record Owner(s)) 168 W. Middlesex Drive Carlisle, PA 17013 TO: TAMARA R. YOST 168 W. Middlesex Drive Carlisle, PA 17013 In the Court of Common Pleas of Cumberland County Plaintiff CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 07-3488 Defendant(s) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE[ DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAF RTY & MCKEEVER BY: Joseph A. Goldbeck, !Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 ?? ? ? -' C.? r cw? --a "1'7 ?,.__ -'ate :., V, .? iii ?? ;..?., _ e,? , = c?, } -? `- .,? ? ? r. <-='? c:.? =? 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 9451 Corbin Avenue Northridge, CA 91324 vs. TAMARA R. YOST (Mortgagor(s) and Record owner(s)) 168 W. Middlesex Drive Carlisle, PA 17013 IN THE COURT OF (COMMON PLEAS Plaintiff Defendant(s) of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 07-3488 ORDER FOR JUDGMENT Please enter Judgment in favor of WM SPECIALTY MORTGAGE LLC, and against TAMARA R. YOST for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $1$8,564.21. Joseph A. Gol be , Jr. Attorney for P int' f I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is WM SPECIALTY MORTGAGE LLC 9451 Corbin Avenue Northridge, CA 91324 and that the name(s) and last known address(es) of the Defendant(s) is/are TAMARA R. YOST, 168 W. Middlesex Drive Carlisle, PA 17013; _ , GOLDBECK M FERTY &, McKEEVER BY: Joseph A. oldb k, Jr. Attorney for Plaintiff? ty_ r, .y c a ry, 00 ? 1 t j ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $169,260.33 Interest from 12/01/2006 through $9,261.34 07/23/2007 Reasonable Attorney's Fee $8,463.02 Late Charges $548.94 Costs of Suit and Title Search $900.00 Fees $83.70 NSF Charges $25.00 Recoverable Balance $21.88 $188,564.21 AND NOW, this day of , 2007 damages are assessed as above. Pro Prothy Cl ^_' c .? CD '71 X17 r' { t.? 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 9451 Corbin Avenue Northridge, CA 91324 vs. TAMARA R. YOST Mortgagor(s) and Record Owner(s) 168 W. Middlesex Drive Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 07-3488 CERTIFICATION AS TO THE SALE OF REAL PROPERTY 1, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. r?-? (`} 7 ?. ? _? C.i-i l r3 `?:: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 A. Goldbeck, Jr. y I.D.#16132 5000 - Mellon Independence Center . Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC 9451 Corbin Avenue Northridge, CA 91324 VS. TAMARA R. YOST Mortgagor(s) and Record Owner(s) 168 W. Middlesex Drive Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-3488 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 7/24/07 to Date of Sale at 8.4990% (Costs to be added) $188,564.21 GOLDBEC Mc FEITTY & McKEEVER BY: Joseph . Gol eck, Jr. Attorney for Naiwiff n 1 }Sti C , y 64 4-6L d o 0 0 0 ?;? , c $ ? _ tea - - _ I `d z rTl 00 N p. ° n ? w co '? O o .r CD ^.5 o Y fD .. ?da ° Oil ? N Lam ' O `' O y _ Y NCD a O h b b O O r y o o 00 PEI N (D R' ?' n Cs1 W 0 Y C7 CD C A r ( D C eb O m z 0 ti ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of North Middlesex Road at corner of lands now or formerly of Calder Clemson; thence by the center line of said North Middlesex Road, North 84 degrees 30 minutes East, 323 feet, more or less, to corner of lands now or formerly of George Hinda; thence by said lands now or formerly of George Hinda and lands now or formerly of Raymond A. and Gladys I, Smyser, his wife, South 05 degrees 30 minutes West 845 feet, more or less, to a point, in line of lands now or formerly of Calder Clemson; thence by said lands now or formerly of Calder Clemson, South 86 '/2 degrees West 338 feet, more or less, to a point; thence by the same, North 6 %2 degrees East 841.5 feet to a point, the place of beginning. BEING known and designated as Tax Parcel No. 21-06-0017-018 in the Deed Registry Office of Cumberland county, Pennsylvania. PROPERTY: 168 W. MIDDLESEX DRIVE, CARLISLE, PA 17013 41 , r' Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC 9451 Corbin Avenue Northridge, CA 91324 Plaintiff VS. TAMARA R. YOST (Mortgagor(s) and Record Owner(s)) 168 W. Middlesex Drive Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 0'7-3488 AFFIDAVIT PURSUANT TO RULE 3129 WM SPECIALTY MORTGAGE LLC, 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: 168 W. Middlesex Drive Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): TAMARA R. YOST 168 W. Middlesex Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: TAMARA R. YOST 168 W. Middlesex Drive 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 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: Owl 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 168 W. Middlesex Drive Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: July 23, 2007 GOLDBECK c FERTY & McKEEVER BY: Joseph A Gold eck, Jr., Esq. Attorney for P C1 0 07-3488 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 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. TAMARA R. YOST Mortgagor(s) and Record Owner(s) 168 W. Middlesex Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-3488 Defendant(s) 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: YOST, TAMARA R. TAMARA R. YOST 168 W. Middlesex Drive Carlisle, PA 17013 Your house at 168 W. Middlesex Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the courtjudgment of $188,564.21 obtained by WM SPECIALTY MORTGAGE LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or'open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. r 07-3488 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 I . If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 f r 07-3488 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 866-296-8937 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 home retentionggoldbecklaw 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 5317317C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 168 W. Middlesex Drive Carlisle, PA 17013 SOLD as the property of TAMARA R. YOST TAX PARCEL #21-06-0017-018 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3488 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC Plaintiff (s) From TAMARA R. YOST (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 $188,564.21 L.L. $.50 Interest from 7/24/07 to Date of Sale at 8.4990% Atty's Comm % Atty Paid $151.80 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 7-26-07 (Seal) REQUESTING PARTY: LL (.ltxx" R. " tis R. Long, Prothonota By: Deputy Name JOSEPH A. GOLDBECK, JR 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 0 WM Specialty Mortgage LLC In the Court of Common Pleas of VS Cumberland County, Pennsylvania Tamara R. Yost Writ No. 200--3488 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 0935 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Tamara R. Yost, by making known unto Janet Yost, mother of Tamara R. Yost, at 168 W. Middlesex Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 0935 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 Tamara R. Yost located at 168 W. Middlesex Drive, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Tamara R. Yost by regular mail to her last known address of 168 W. Middlesex Drive, Carlisle, PA 17013. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. . Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Goldbeck. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills So Answers: R. Thomas Kline, Sheriff BY Real Estate S rgeant 30.00 342.71 15.00 15.00 .50 2.00 4.80 15.00 20.00 355.00 92.22 14.92 $ 907.15 V l;'/I0l0 7 ,. 4) do/ 7&'Y Goldbeck McCafferty & McKeever Wip 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 9451 Corbin Avenue Northridge, CA 91324 vs. TAMARA R. YOST (Mortgagor(s) and Record Owner(s)) 168 W. Middlesex Drive Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-3488 AFFIDAVIT PURSUANT TO RULE 3129 WM SPECIALTY MORTGAGE LLC, 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: 168 W. Middlesex Drive Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): TAMARA R. YOST 168 W. Middlesex Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: TAMARA R. YOST 168 W. Middlesex Drive 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 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: V . 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 168 W. Middlesex Drive Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: July 23, 2007 UULD13EC K c FERTY & McKEEVER BY: Joseph A Gol eck, Jr., Esq. Attorney for P 07-3488 P, 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 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. TAMARA R. YOST Mortgagor(s) and Record Owner(s) 168 W. Middlesex Drive Carlisle, PA 17013 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-3488 Defendant(s,' 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: YOST, TAMARA R. TAMARA R. YOST 168 W. Middlesex Drive Carlisle, PA 17013 Your house at 168 W. Middlesex Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $188,564.21 obtained by WM SPECIALTY MORTGAGE LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, 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 I :. 07-3488 You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ? 1% N 07-3488 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 866-296-8937 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 53173FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. i ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of North Middlesex Road at corner of lands now or formerly of Calder Clemson; thence by the center line of said North Middlesex Road, North 84 degrees 30 minutes East, 323 feet, more or less, to corner of lands now or formerly of George Hinda; thence by said lands now or formerly of George Hinda and lands now or formerly of Raymond A. and Gladys I, Smyser, his wife, South 05 degrees 30 minutes West 845 feet, more or less, to a point, in line of lands now or formerly of Calder Clemson; thence by said lands now or formerly of Calder Clemson, South 86 '/2 degrees West 338 feet, more or less, to a point; thence by the same, North 6 degrees East 841.5 feet to a point, the place of beginning. BEING known and designated as Tax Parcel No. 21-06-0017-018 in the Deed Registry Office of Cumberland county, Pennsylvania. PROPERTY: 168 W. MIDDLESEX DRIVE, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT l' r COMMONWEALTH OF PENNSYLVANIA) NO 07-3488 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 Plaintiff (s) From TAMARA R. YOST (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 $188,564.21 L.L. $.50 Interest from 7/24/07 to Date of Sale at 8.4990% Atty's Comm % Due Prothy $2.00 Atty Paid $151.80 Other Costs Plaintiff Paid Date: 7-26-07 C s R. Long, Prothonota (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR 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 # 26 On August 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 168 W. Middlesex Drive, a Carlisle, more fully described on Exhibit "A" n filed with this writ and by this reference incorporated herein. Date: August 7, 2007 By: 6 Real Estate t rgeant c ?Y ?; _ R1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. 26 Writ No. 2007-3488 Civil isa 'e Coyne, Editor WM Specialty Mortgage LLC vs. Tamara R. Yost SWO AND SUBSCRIBED before me this Atty.: Joseph Goldbeck 26 day of October. 2007 DESCRIPTION ALL that certain tract of land situ- ate in Middlesex Township, Cumber- land County, Pennsylvania, bounded and described as follows: Notary BEGINNING at a point in the center line of North Middlesex Road at corner of lands now or formerly of Calder Clemson; thence by the NOTARIAL SEAL center line of said North Middlesex DEBORAH A COLLINS Road, North 84 degrees 30 minutes Notary Public [ East, 323 feet, more or less, to comer of lands now or formerly of Geor e CARLISLE BORO, CUMBERLAND COUNTY M C i g WinAn• thrnrp he sa'A Lands y omm ssion Expires Apr 28, 2010 The Patriot-News Co. ?, 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE t4e?lahiot 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: 10/24/07 Rwf i111i. !li ? WIN N4. aN? ? " Ml??pa?fiilr rA1w?r its KWW ..... ........... t ION ?"T Sworn to nd ubscribed efore me this 30 day of November, 2007 A.D. U do oath mot of Led ? ifta t ib ? J I"Nddkm Tow* Ctale o*d CO* ; LZ ' Aawayb aia, bosnded ad deeubed .aa e< Notary Public iG as a pops in the aaler Ike of N* Read u emn of Lode "W or a '- Cydder.C7a ? 8d % & ixala iae chid. Na4liillwa?aad, NmeM' COMMONWEALTH OF PENNSYLVANIA $4 dtm * shirrs err, 30 in =v a I Notariai Seal km m am 4( ho mw, 0 Nt ttdr "ef i James L. Claris. Notary Public City Of HanisbLq. Dauphin County My Commission E)ires June 2, 2008 Member, Pennsylvania Association of Notaries ,, ?. ,