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HomeMy WebLinkAbout08-1292GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF UMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. LOUISE LAMOREAUX ROBERT L. LAMOREAUX Mortgagors and Real Owners 850 Yverdon Drive Camp Hill, PA 17011 THE UNITED STATES OF AMERICA Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. J)8- Iaga l:tY;l Teak CIVIL ACTION: MORTGAGE FORECLOSURE 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, F-STA 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 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 1-866413-2311 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 60252FC. 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 GMAC MORTGAGE, LLC, 3451 Hammond Avenue, Waterloo, IA 50702. 2. The names and addresses of the Defendants are LOUISE LAMOREAUX, 850 Yverdon Drive, Camp Hill, PA 17011 and ROBERT L. LAMOREAUX, 850 Yverdon Drive, Camp Hill, PA 17011, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. Defendant, THE UNITED STATES OF AMERICA, is named a Defendant pursuant to 28 U.S.C. Section 2410, and Plaintiff requests that a judicial sale be held of the Property. 4. On January 14, 1999 mortgagors made,.executed and delivered a mortgage upon the Property hereinafter described to ALTERNATIVE LENDING MORTGAGE CORP., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1515, Page 133. The mortgage has been assigned to: GMAC 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. 5. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 6. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for August 01, 2007 and each month thereafter and by the terms of 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. 7. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$105,460.31 Interest from 07/01/2007 through 01/31/2008 at 6.7500% .......................$4,192.50 Per Diem interest rate at $19.50 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$5,273.02 Late Charges from 08/01/2007 to 01/31/2008 .............................................$233.45 Monthly late charge amount at $38.91 Costs of suit and Title Search ......................................................................$900.00 Escrow ...........................................................................................................$91.66 Unapplied Funds .........................................................................................$572.54 Uncollected Late Charges ..............................................................................$77.82 Property Inspections .......................................................................................$45.00 Monthly Escrow amount $374.15 $115,517.90 8. 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. 9. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 10. 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. 11. THE UNITED STATES OF AMERICA, the above named Defendant, has a lien filed of record, set forth in Exhibit `C' which is attached and made part of this Complaint. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $115,517.90, together with interest at the rate of $19.50, 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: ff --&. - TI WJQ" GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION John Kerr bmited Signing Officit 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: I ! Ll , 0(5 - C- i; Y, ? " ? -, GMAC M "T AGE CORPORATION John Kerr Limited Signing WOW 0307094456 LOUISE LAMOREAUX and ROBERT L. LAMOREAUX E.,Xhibit A 0 ALL THAT CERTAIN piece or parcel of land situate in the Borough of Wormieysburg, County of Cumberland end Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit BEGINNING at a point on the westerly line of Yverdon Drive, which point Is 110 feet South of the Southwestent comer of Rupley Road and Yverdon give, extended. and at dividlnQ line beween Lot Nos. 6 and 6, Block "C", on the hen:lri er mentioned plan of lots; thence along said dividind fine, South 62 degrees 53 minutes West, a distance-of 110.69 feet to a point on the southerly. Ana of Rupley Road, atbresafd: thane along same on a curve to the left having a' radius of 284.91 feet, an arc distance of 20.01 feet to a point; thence continuing along the some. North 62 degrees 53 minutes west a distance of 90 feet to a point; thence In an are having a radius of 10 feet in a southeasterly direction to the left, a distance of 15.71 feet to a point on the westerly line of Yverdon Dnve, aforseaeld; thence along the same. South 27 degrees 07 minutes East, a distance of 100 feet to a point, the place of BEGINNING. BEING Lot No. 6, Block "C' Plan of Riverview West, which Plan is recorded In the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 10, Page 26. HAVING THEREON ERECTED a dwelling house known and numbered as 850 Yverdon Drive, Camp Hill. Pennsylvania. BEING THE SAME PREMISES which Lois H. Musselman, widow, by Deed dated and recorded April 13. 1993 in the Office of the Recorder of Deeds in and for Cumberland County In Deed Book F. Volume 36, Page 459, granted and conveyed unto Lois H. Musselman, widow and Louise M. Lamoneaux, married woman, as joint tenants with then ht of survivorship. The said Lois H. Musseeman died October 30. 1998 thereby vesting sole title unto Louise M. Lamoreaux. z; o ` 'ennsylvania County of Cumberland l 86 Recorded jai the office for the reco ing of Deeds ect. ar,dberland County, in B vot.1 P g tr;t es-5 my ha of fi Canis e, PA thi a ?j L 1'W`Igl,v lsoox154 5racE A39 E.,xhibit B GMAC Mortgage, LLC 3451 Hammond Avenue Waterloo , IA 50702 ACT 91 NOTICE Date: 10/02/07 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 MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can heb, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with You when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. If You have anv questions you may call the Pennsylvania Housing Finance Agency toll free at 1 800-342-2397 (Persons with impaired hearing can call (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 CONTENHDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE 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. HOMEOWNER S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: LOUISE LAMOREAUX 850 YVERDON DR CAMP HILL PA 17011 0307094456 GMAC Mortgage, LLC 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 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling 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 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 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.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property located at 850 YVERDON DR CAMP HILL PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 08/01/07 through 10/01/07. See attached Exhibit for payment breakdown. Monthly Payments $ 3457.41 Late Charges $ 155.64 NSF $ 0.00 Inspections $ 33.75 Other (Default Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 572.54 TOTAL AMOUNT PAST DUE: $ 3074.26 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if 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 $ 3074.26, 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 or certified check made payable and sent to: GMAC Mortgage, LLC ATTN: Payment Processing 3451 Hammond Avenue Waterloo , IA 50702 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.) 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 This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If 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 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, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s fees actually incurred by the lender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period you will not be required to pav 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 THE DEFAULT PRIOR TO SHERIFF S SALE If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time W to one hour before the Sheriff s Sale You may do so by Raving 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: Name of Lender: GMAC Mortgage, LLC Address: 3451 Hammond Avenue Waterloo I IA 50702 Phone Number: 800-850-4622 Fax Number: 319-236-7437 Contact Person: Collection Department EFFECT OF SHERIFF S SALE You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE You MAY or 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. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF 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 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 IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5041 EXHIBIT 08/01/07 through 10/01/07 Mo. Pmt. Amt. $ 1152.47 ACT 91 NOTICE DATE OF NOTICE: January 22, 2008 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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. 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 MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (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 any 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 notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada 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. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 1 Date: January 22, 2008 TO: ROBERT L. LAMOREAUX Homeowners Name: LOUISE LAMOREAUX and ROBERT L. LAMOREAUX Property Address: 850 Yverdon Drive, Camp Hill, PA 17011 Loan Account No.: 0307094456 Original Lender: ALTERNATIVE LENDING MORTGAGE CORP. Current Lender/Servicer: GMAC MORTGAGE CORPORATION HOMEOWNERS' 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 designated 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" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. 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 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 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 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 fact-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.) 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: 850 Yverdon Drive, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 08/01/2007 thru 1/22/2008 (6 mos. at $778.32/month) $4,669.92 (b) Late charges from 08/01/2007 thru 1/22/2008 $233.46 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $4,903.38 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 $4,903.38, 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: GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 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. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If 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 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 brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you 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 THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time W to one hour before the Sheriffs 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 Sheriffs 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 Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC MORTGAGE CORPORATION Address: 3451 Hammond Avenue Waterloo, IA 50702 Phone Number: Fax Number: Contact Person: Kelly Gilchrist EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may 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. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT 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. Contact Person: Kelly Gilchrist Phone Number: PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 E.rihibit C Llberty Bell /agency, Inc. 701 Market Street, Mellon Independence Center - Suite 5001, Philadelphia, PA 19106 (215) 625-3660 ? FAX: (215) 625-3689 Saturday, January 05, 2008 FORECLOSURE REPORT Order #: LBA-0737554 THIS SEARCH COVERS THE PERIOD TO: 12/19/2007 PREMISES: 850 Yverdon Drive, Wormleysburg , PA, 17011 PARCEL NUMBER (s): TAX ASSESSMENT(s): 47-18-1302-091 2008 $279,210.00 OWNER OF RECORD: Louise Lamoreaux and Robert L. Lamoreaux, husband and wife by deed from Louise Lamoreaux Dated: 11/10/98 and recorded: 11/13/98 in Book 189 page 54 FEDERAL LIENS: #2007-07387 12/7/07 $6,334.63 -vs- Robert L. Lamoreaux U.S. Treasury Dept. 850 Yverdon Drive Pittsburgh Office, Room 808, 1000 Liberty Avenue Camp Hill, Pa. 17011 Pittsburgh, Pa. 15222-9974 BANKRUPTCIES: None of record DELINQUENT Delinquent taxes and tax claims, if available, are shown hereafter. Possible additional tax delinquencies may exist, but TAXES` may not be readily available. Certifications need to be obtained to determine whether outstanding tax obligations exist Taxes are paid thru 2006. MUNICIPAL LIENS: None of record MORTGAGES: 2 of record $120,000.00 Louise Lamoreaux and Robert L. Lamoreaux To: Alternative Lending Mortgage Corp. 2229 Paxton Church Road, Harrisburg, Pa. 17110 Dated: 1/14/99 and recorded: 1/26/99 in Book 1515 page 133 Assigned to: GMAC Mortgage Corp. 3451 Hammond Avenue, Waterloo, Ia. 50702 Recorded: 6/26/01 in Book 679 page 46 $62,583.00 Louis Lamoreaux and Robert L. Lamoreaux To: CIT Consumer Finance Inc. 2000 Corporate Drive, Ste 510, Wexford, Pa. 15090 Dated: 8/24/00 and recorded: 8/24/00 in Book 1635 page 730 Assigned to: Altegra Credit Co. 150 Allegheny Center Mall, Pittsburgh, Pa. 15212 Recorded: 5/2/02 in Book 686 page 4551 JUDGMENTS: None of record MECHANICS CLAIMS: None of record other Claims/Liens: None of record Liberty Bell Agency, Inc. certifies these search results as based upon the examination of evidence recorded in the appropriate public records for those categories searched Upon full payment of the price of this report, liability hereunder, in an amount not exceeding $2000 dollars, is assumed by Liberty Bell Agency, Inc. solely in its capacity as an abstracter for its negligence, mistakes or omissions, and only for the time period searched. This report does not constitute title insurance, nor is it a commitment to issue title insurance. This report shall NOT be used in a real estate or loan settlement or closing, as possible additional public records may need to be searched, and additional requirements may be added to this report. Partin 1 of 2 ATTACHED TO AND FORMING PART OF SEARCH. SUPPORT LIENS: Overdue support payments become liens on all real property owned by an obligor on the date the due. Certifications may need to be obtained to determine the priority of the lien relative to the hen being forclosed. P&R.C.P. 3129 Notice should be sent to the PA Department of Public Welfare and the Cumberland Domestic Relations Office. Contact this office if mailing addresses are requested REMARKS: Complaint in Mortgage Foreclosure filed 11/27/07 in #2007-07099. HSBC Bank USA, Trustee -vs- Louise M. & Robert L. 3476 Stateview Blvd., Fort Mill, S.C. 29715 Lamoreaux 850 Yverdon Drive Camp Hill, Pa. 17011 Liberty Bell Agency, Inc. certifies these search results as based upon the examination of evidence recorded in the a full payment ofthe rice ofthis report liability prty public records for those categories searched Upon p port, liabili hereunder, in an amount not exceeding $2000 dollars, is assumed by Liberty Bell Agency, Inc. solely in its capacity as an abstracter for its negligence, mistakes or omissions, and only for the time period searched This report does not constitute title insurance, nor is it a commitment to issue title insurance. This report shall NOT be used in a real estate or loan settlement or closing, as possible additional public records may need to be searched, and additional requirements may be added to this report. r .? Page 2 of 3 , r . , 1V ? J 40- a ? - O _ 1 . N3 -- 7 1 SHERIFF'S RETURN - REGULAR CASE NO: 2008-01292 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS LAMOREAUX LOUISE ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAMOREAUX LOUISE the DEFENDANT at 1535:00 HOURS, on the 19th day of March 2008 at 850 YVERDON DRIVE CAMP HILL, PA 17011 by handing to ROBERT LAMOREAUX, HUSBAND 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: So Answers: Docketing 18.00 Service 14 .40°,- Affidavit .00 °Surcharge 10.00 R. Thomas Kline .00 42.40----03/20/2008 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscibed to By: j / before me this day ''De ty S eriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01292 P COMMONWEALTH OF' PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS LAMOREAUX LOUISE ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAMOREAUX ROBERT L the DEFENDANT , at 1535:00 HOURS, on the 19th day of March , 2008 at 850 YVERDON DRIVE CAMP HILL, PA 17011 by handing to 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: So Answers: Docketing 6.00 r -;r Service 00 .`? Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 16.00 ? 03/20/2008 GOLDBECK MCCAFFERTY MCKEEVER 3.T/0e =ice Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. In the Court of Common Pleas of Cumberland County GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. LOUISE LAMOREAUX ROBERT L. LAMOREAUX (Mortgagor(s) and Record Owner(s)) 850 Yverdon Drive Camp Hill, PA 17011 Defendant(s) THE UNITED STATES OF AMERICA PRAECIPE FOR JUDGMENT No. 08-1292 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 LOUISE LAMOREAUX and ROBERT L. LAMOREAUX by default for want of an Answer and THE UNITED STATES OF AMERICA IN ACCORDANCE WITH THE STIPULATION DATED MARCH 10, 2008. Assess damages as follows: $118,414.58 Debt Interest from 04/26/2008 to Date of Sale Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN 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 days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Michael T. McKeever Attorney for Plaintiff I.D. #56129 AND NOW _A 1 ' * 02009 , Judgment is entered in favor of GMAC MORTGAGE, LLC an against LOUISE LAMOREAUX and ROBERT L. LAMOREAUX by default for want of an Answer and THE UNITED STATES OF AMERICA IN ACCORDANCE WITH THE STIPULATION DATED MARCH 10, 2008 and damages assessed in the sum of $118,414.58 as per the 4above rtification. Prothon L GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. McKEEVER, ESQUIRE Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attornev for Plaintiff GMAC MORTGAGE, LLC Plaintiff V. LOUISE LAMOREAUX ROBERT L. LAMOREAUX AND UNITED STATES OF AMERICA Defendants STIPULATION Term No. 08-1292 It is hereby stipulated and agreed by and between GMAC MORTGAGE, LLC, plaintiff, and the defendant, United States of America, as follows: 1. That the premises referred to in the Plaintiffs Complaint is owned by the defendant(s), LOUISE LAMOREAUX and ROBERT L. LAMOREAUX. 2. The plaintiff filed an action in mortgage foreclosure to the above number and term, and named as defendant(s), LOUISE LAMOREAUX and ROBERT L. LAMOREAUX. 3. The parties hereby agree that the United States of America shall, and hereby is, named as a party in the above action, in accordance with 28 U.S.C. § 2410 et seq. 4. The United States of America hereby accepts service of the complaint and waives its right to file an answer or other responsive pleading thereto, and waives any objection it may have to the judgment entered against the defendant(s). IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 5. The United States of America has 1 tax lien(s) against the property which is/are ?? ;, _ _ ;y k?^* J subject to the action of mortgage foreclosure dated December 7, 2007, 2007-07387, totaling $6,334.63, both entered in the Prothonotary's office of Cumberland County Pennsylvania. 6. That the Federal Tax Liens described in Exhibit "A" to this Stipulation are junior in time to the Plaintiffs mortgage set forth in paragraph three (3) of plaintiff's Complaint. 7. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 8. That the defendant, United States of America, is not indebted to the plaintiff. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which was served on the defendant, United States of America. 10. That the judicial sale of said property shall discharge the Federal Tax Lien described in Exhibit "A". 11. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due the United States shall be sent to the Internal Revenue Service, PO Box 1267, Harrisburg, PA 17108-1267. The check shall be made payable to "United States Treasury" and shall include the name and social security number of the taxpayer. 12. That the defendant, United States of America, preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). 13. The parties to this Stipulation shall bear their own respective costs in this proceeding. Dated: March 1. 2008 By: Michael T. McKeever, Esquire Attorney for Plaintiff Martin C. Carlson Acting United States Attorney Dated: 0 BY: (A A100- Melissa Swauger Assistant U.S. Attorney Attorney for United States of America 60232FC 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: April 14, 2008 TO. LOUISE LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs_ LOUISE LAMOREAUX ROBERT L. LAMOREAUX (Mortgagor(s) and Record Owner(s)) 850 Yverdon Drive Camp Hill, PA 17011 THE UNITED STATES OF AMERICA De. fendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-1292 TO: LOUISE LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 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 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 60252FC 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: Apol 14, 2008 TO: ROBERT L. LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 VS. LOUISE LAMOREAUX ROBERT L. LAMOREAUX (Mortgagor(s) and Record Owner(s)) 850 Yverdon Drive Camp Hill, PA 17011 THE UNITED STATES OF AMERICA TO: ROBERT L. LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 Plaintiff' Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-1292 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 S Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, 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, LOUISE LAMOREAUX, is about unknown years of age, that Defendant's last known residence is 850 Yverdon Drive, Camp Hill, PA 17011, 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: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, ROBERT L. LAMOREAUX, is about unknown years of age, that Defendant's last known residence is 850 Yverdon Drive, Camp Hill, PA 17011, 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?160? Uww _?_ W(I?WtT(? GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 VS. LOUISE LAMOREAUX ROBERT L. LAMOREAUX (Mortgagor(s) and Record owner(s)) 850 Yverdon Drive Camp Hill, PA 17011 THE UNITED STATES OF AMERICA IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 08-1292 ORDER FOR JUDGMENT Please enter Judgment in favor of GMAC MORTGAGE, LLC, and against LOUISE LAMOREAUX and ROBERT L. LAMOREAUX 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 IN ACCORDANCE WITH THE STIPULATION DATED MARCH 10, 2008) from the date of service of the Complaint, in the sum of $118,414.58. Michael T. McKeever Attorney for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 and that the name(s) and last known address(es) of the Defendant(s) is/are LOUISE LAMOREAUX, 850 Yverdon Drive Camp Hill, PA 17011 and ROBERT L. LAMOREAUX, 850 Yverdon Drive Camp Hill, PA 17011; uui?.A '\- ?ALk ?19 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $105,460.31 Interest from 07/01/2007 through $5,850.00 04/25/2008 Reasonable Attorney's Fee $5,273.02 Late Charges $350.18 Costs of Suit and Title Search $900.00 Escrow Payments Due 3 X $374.15 $1,122.45 Escrow -$91.66 Unapplied Funds -$572.54 Uncollected Late Charges $77.82 Property Inspections $45.00 $118,414.58 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff AND NOW, this dt day of A f r ( 2008 damages are assessed as above. Pro P thy o oho -Q G °G t ; Ua 4. Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 LOUISE LAMOREAUX ROBERT L. LAMOREAUX (Mortgagors and Record Owner(s)) 850 Yverdon Drive Camp Hill, PA 17011 THE UNITED STATES OF AMERICA Plaintiff vs. Defendant(s) No. 08-1292 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 Prothonot By: /oZg/Og If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 w PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE UNITED STATES OF AMERICA TO THE PROTHONOTARY: Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-1292 PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: Amount Due Interest from 04/26/2008 to Date of Sale at 6.7500% (Costs to be added) $118,414.58 \1? ??j -'\ - WJ I itl?/l GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 VS. Plaintiff LOUISE LAMOREAUX ROBERT L. LAMOREAUX Mortgagor(s) and Record Owner(s) 850 Yverdon Drive Camp Hill, PA 17011 V, con O W ,? JC O ? y v ? ? W ?? ? f-S'i7 a?i aQ F o x a. L>'a?ici?Q? oO C9ococ?-o za w04 L c v C? fj O ? M u 0 O V -v + ; / O N U pO on a Q Qo a ° W o ^ y 6 .5 0-4 n l? 14 1 90 0 0 r r 3 L d r? 3 SLl ? OHO G_ ? -?• (n o 01 O -?. 8 voaoo D C's na C, iy +7 co C*SJ can rl: C) il :iLn F \:, -. r ALL THAT CERTAIN piece or parcel of land situate in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit BEGINNING at a point on the westerly line of Yverdon Drive, which point is 110 feet South of the Southwesterly corner of Rupley Road and Yverdon Drive, extended, and at dividing line between Lot Nos. 5 and 8, Block "C", on the hereinafter mentioned plan of lots; thence along said dividing line, South 62 degrees 53 minutes West, a distance of 110.69 feet to a point on the southerly line of Rupley Road aforesaid; thence along same on a curve to the left having a radius of 284.91 feet an arc distance of 20.01 feet to a point; thence continuing along the same, North 62 degrees 53 minutes West, a distance of 90 feet to a point thence in an arc having a radius of 10 feet in a southeasterly direction to the left, a distance of 15.71 feet to a point on the westerly line of Yverdon Drive, aforesaid; thence along the same, South 27 degrees 07 minutes East, a distance of 100 feet to a point, the place of BEGINNING. TAX PARCEL #: 47-18-1302-091 PROPERTY ADDRESS: 850 YVERDON DRIVE, CAMP HILL, PA 17011 MUNICIPALITY: BOROUGH OF WORMLEYSBURG Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. LOUISE LAMOREAUX ROBERT L. LAMOREAUX (Mortgagor(s) and Record Owner(s)) 850 Yverdon Drive Camp Hill, PA 17011 Defendant(s) THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 No. 08-1292 GMAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 850 Yverdon Drive Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): LOUISE LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 ROBERT L. LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: LOUISE LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 ROBERT L. LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 THE UNITED STATES OF AMERICA Suite 220, Federal Building 228 Walnut Street Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 HSBC BANK USA, TRUSTEE 3476 Stateview Boulevard Fort Mills, SC 29715 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: ALTEGRA CREDIT CO. 150 Allegheny Center Mall Pittsburgh, PA 15212 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 850 Yverdon Drive Camp Hill, PA 17011 (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: April 24, 2008 ` 1 ? M i A A "U n L2 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff -TI 'fi't ?w J F i7 :1"t ""-' ?` r -n z r ".J -< Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 LOUISE LAMOREAUX ROBERT L. LAMOREAUX VS. Mortgagor(s) and Record Owner(s) 850 Yverdon Drive Camp Hill, PA 17011 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) NO. 08-1292 THE UNITED STATES OF AMERICA CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, 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. ??Wft-o -\ Michael T. McKeever Attorney for plaintiff °i`1 C ? c:r.? 1 - ,^,7 ??? ? ? ?. r' .? - < < ?; fV, c ?, ??:, 08-1292 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. LOUISE LAMOREAUX ROBERT L. LAMOREAUX Mortgagor(s) and Record Owner(s) IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 850 Yverdon Drive Camp Hill, PA 17011 THE UNITED STATES OF AMERICA Defendant(s Term No. 08-1292 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: LAMOREAUX, LOUISE LOUISE LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 Your house at 850 Yverdon Drive, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2008, at 10:00 AM, in Commissioners Hearing Rm. 2nd FL Courthouse to enforce the court judgment of $118,414.58 obtained by GMAC 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 GMAC 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. 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. _, 08-1292 3. You may also be able to stop the sale through other legal proceedings. 4. 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 08-1292 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. 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). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http•//www phfa orp-/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). 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@poldbecklaw.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 6025217C. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. 08-1292 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff VS. LOUISE LAMOREAUX ROBERT L. LAMOREAUX Mortgagor(s) and Record Owner(s) 850 Yverdon Drive Camp Hill, PA 17011 THE UNITED STATES OF AMERICA Defendant(s Term No. 08-1292 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: LAMOREAUX, ROBERT L. ROBERT L. LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 Your house at 850 Yverdon Drive, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $118,414.58 obtained by GMAC 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 GMAC 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 1-866413-2311. 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. 08-1292 You may also be able to stop the sale through other legal proceedings. 4. 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 08-1292 Y 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). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hLtp://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 60252FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 08-1292 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. LOUISE LAMOREAUX ROBERT L. LAMOREAUX Mortgagor(s) and Record Owner(s) 850 Yverdon Drive Camp Hill, PA 17011 THE UNITED STATES OF AMERICA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s Term No. 08-1292 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THE UNITED STATES OF AMERICA Suite 220, Federal Building 228 Walnut Street Harrisburg, PA 17108 Your house at 850 Yverdon Drive, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $118,414.58 obtained by GMAC 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 GMAC 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. 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. 08-1292 3. You may also be able to stop the sale through other legal proceedings 4. 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 08-1292 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). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). 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 homeretentionka 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 60252FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1292 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From LOUISE LAMOREAUX and ROBERT L. LAMOREAUX (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 $118,414.58 L.L.$ 0.50 Interest from 4/26/08 to Date of Sale at 6.7500% Atty's Comm % Due Prothy $2.00 Atty Paid $177.40 Other Costs to Be Added Plaintiff Paid Date: 4/28/08 Prothonotary (Seal) By: REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Deputy Telephone: 215-627-1322 Supreme Court ID No. 56129 a GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attornev for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. LOUISE LAMOREAUX ROBERT L. LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY No. 08-1292 Defendants PRAECIPE TO VACATE JUDGMENT Kindly vacate the judgment upon payment of your costs only. low? MICHA T. MCKEEVER, ESQUIRE C) U m -ei 00 MI s + rs? Qc5 a cr, GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. LOUISE LAMOREAUX ROBERT L. LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 Defendants OF CUMBERLAND COUNTY No. 08-1292 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. IN THE COURT OF COMMON PLEAS 400/4i004-6- MICHAEL T. MCKEEVER, ESQUIRE C? C) ? 7p F om ? cry ? GMAC Mortgage, LLC VS Louise Lamoreaux and Robert L. Lamoreaux In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-1292 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 Michael McKeever. Sheriff's Costs: Docketing Poundage Levy Law Library Prothonotary Surcharge 30.00 260.45 15.00 .50 2.00 30.00 $337.95 V &' ate/b8' SoA w R. Thomas Kline, Sheriff BYE. 6 Real Estate rgeant )10 bItI.-A .S ct 4 Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff IN THE COURT OF COMMON PLEAS vs. LOUISE LAMOREAUX ROBERT L. LAMOREAUX (Mortgagor(s) and Record Owner(s)) 850 Yverdon Drive Camp Hill, PA 17011 Defendant(s) THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 No. 08-1292 GMAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 850 Yverdon Drive Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): LOUISE LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 ROBERT L. LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: LOUISE LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 ROBERT L. LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 THE UNITED STATES OF AMERICA Suite 220, Federal Building 228 Walnut Street Harrisburg, PA 17108 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 HSBC BANK USA, TRUSTEE 3476 Stateview Boulevard Fort Mills, SC 29715 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: ALTEGRA CREDIT CO. 150 Allegheny Center Mall Pittsburgh, PA 15212 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 850 Yverdon Drive Camp Hill, PA 17011 (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: Apri124, 2008 UA A; ua I-LAIA GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff 08-1292 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. LOUISE LAMOREAUX ROBERT L. LAMOREAUX Mortgagor(s) and Record Owner(s) 850 Yverdon Drive Camp Hill, PA 17011 THE UNITED STATES OF AMERICA IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-1292 Defendants 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: LAMOREAUX, ROBERT L, ROBERT L. LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 Your house at 850 Yverdon Drive, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $118,414.58 obtained by GMAC 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 GMAC 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. 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. 08-1292 3. You may also be able to stop the sale through other legal proceedings. 4. 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 S Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 08-1292 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). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website htip://www.phfa.orv-/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 60252FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 08-1292 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. LOUISE LAMOREAUX ROBERT L. LAMOREAUX Mortgagor(s) and Record Owner(s) 850 Yverdon Drive Camp Hill, PA 17011 THE UNITED STATES OF AMERICA Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-1292 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: LAMOREAUX, LOUISE LOUISE LAMOREAUX 850 Yverdon Drive Camp Hill, PA 17011 Your house at 850 Yverdon Drive, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $118,414.58 obtained by GMAC 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 GMAC 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. 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. 08-1292 3. You may also be able to stop the sale through other legal proceedings. 4. 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 08-1292 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). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.oriz/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). 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 homeretentiong oldbecklaw.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 60252FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. ALL THAT CERTAIN piece or parcel of land situate in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit BEGINNING at a point on the westerly line of Yverdon Drive, which point is 110 feet South of the Southwesterly corner of Rupley Road and Yverdon Drive, extended, and at dividing line between Lot Nos. 5 and 8, Block "C", on the hereinafter mentioned plan of lots; thence along said dividing line, South 62 degrees 53 minutes West, a distance of 110.69 feet to a point on the southerly line of Rupley Road aforesaid; thence along same on a curve to the left having a radius of 284.91 feet an arc distance of 20.01 feet to a point; thence continuing along the same, North 62 degrees 53 minutes West, a distance of 90 feet to a point thence in an arc having a radius of 10 feet in a southeasterly direction to the left, a distance of 15.71 feet to a point on the westerly line of Yverdon Drive, aforesaid; thence along the same, South 27 degrees 07 minutes East, a distance of 100 feet to a point, the place of BEGINNING. TAX PARCEL #: 47-18-1302-091 PROPERTY ADDRESS: 850 YVERDON DRIVE, CAMP HILL, PA 17011 MUNICIPALITY: BOROUGH OF WORMLEYSBURG WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1292 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From LOUISE LAMOREAUX and ROBERT L. LAMOREAUX (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 $118,414.58 L.L.$ 0.50 Interest from 4/26/08 to Date of Sale at 6.7500% Atty's Comm % Due Prothy $2.00 Atty Paid $177.40 Other Costs to Be Added Plaintiff Paid Date: 4/28/08 Prothonotary (Seal) By: REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court ID No. 56129 Real Estate Sale #42 On May 20, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA Known and numbered as 850 Yverdon Drive, Camp Hill more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 20, 2008 By: Real Est te Sergeant 8Z 0 d OE Hdtl 8001