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Home My WebLink About08-2874GOLDBECK McCAFFERTY & McKEEVER Bar: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 -MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF 08 - as7l/ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff VS. BRET A. DUNCAN AMANDA L. DUNCAN Mortgagors and Real Owners 927 Herman Drive Mechanicsburg, PA 17055 IN THE COURT OF COMMON'PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. Defendants CIVIL ACTION: MIGRTGAGE ECL O F 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 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, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTG DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA D'MANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMP A CON OUDTED PUEDOA PERDERS DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE Q 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 O ICINA FIR D AQuT ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE C SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE A PERSONAS INFORMACION ACERCA AGENCIAS QUE PUED O OFRECER C DO O GRATIS. ELIGIBLE AQ UN HONGEDR CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FHtM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 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 orgiconsumers/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 LoanWorkout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionL&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 65737FC. Para infonmacion 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 MORTGAGE ELECTRONIC REGISTRATION Drive, 7730, O Fa lon, MO PRIMARY RESIDENTIAL MORTGAGE, INC., 1000 63368-2240. Mechanicsburg, 2. The names and addresses of the Defendants are BRET A. DUNCAN, 306 Brandy Lane, PA 17055 and AMANDA L. DUNCAN, 306 Brandy Lane, Mechanicsburg, PA 17055, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On June 28, '''2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1957, Page 3038. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January 01, 2008 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. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance .................................................................... Interest from 12/01/2007 through 04/30/2008 at 7.0000%..... Per Diem interest rate at $34.13 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 01/01/2008 to 04/30/2008 ....................... Monthly late charge amount at $48.05 ..............$177,988.05 .................. $59187.76 .................. $8,899.40 ......................$192.19 ...... $900.00 ......$146.02 ....-$388.69 Costs of suit and Title Search ................................................................ FHA/PMI Premium ............... Less Escrow Balance ............ FC Charges ............................ ...................$30.00 $192,954.73 7. If the Mortgage is reinstated prior to a Sheriff s Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam 'judgment) against the 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. Act 11 of the National of 1983 or Act 60 of Housing . 9. The Mortgage is insured by the :Federal Housing Administration Act and, as such, is not subject to the provisions of Pennsylvania 1998. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $192,954.73, together with interest at the rate of $34.13, 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 t e Mortgage and Sheriff s Sale of the Property. i By: G LDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I Aaron Menne, 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. CS, 4904 relating to unworn falsification to authorities. Date: April 28, 2008 2003593522 BRET A. DUNCAN and AMANDA L. DUNCAN Aaron Menne, Assistant vice rrc5iucIIL Ex0hibitA ALL THAT CERTAIN Pte, Wook k, ,,X tract of land s&Mg in Ufa Atten TO P• Cumberland COOft Pennsylvania. Wrote pwIloulaft bounded and deacxtbed as forows, to wit BSGINNtt3 at a Point on the Western ekle Of Hempen Drhm (5" feat wfde) atlas dividtnp tine between LOB Nos. I a and 17 as shown on the hwdnat0er mendaned Plan of Lotr, thence W WO OW dlwtdtttp Llne between Lob f*d to PoInt thertics me 10 and Nam h 17. South 46 12 stance Of n nOW (90) (feet ate a point at #* MVWV *a between minutes ttse 20 do"* lkte betweeet Late Noe. 16 and Lots NOR. 16 end 15 as sf m on said plan of LOW 1Mr!ae afonp said dlv (120) feat to a Point on the (120 WasMm 16, North a9 degrees 12 mfrs East. a 408"M Of one h undmd twenty slde ol Herman doe, a{oresald, thence WmV the Western line of saki i iennatt thrive. South 20 duress 48 rain uses East. a distance of nkwty (9D) feet to a point on the same, at the 4MAV ttna bMween Lots Nbs.16 and 17 as shown on the herkfter mentioned Plan oft aft. St Ow Poet and Pm o mme • in ? OffLot No. IS &&shown on a certain plenof Lob, Trod No. Z ice of the Recorder of Deeds in end *w Cumberland County. iaid ? O en Pape 39 HAYING THEREON ERECTED a dw WkV known sand numbered as OV Herman OtfM Eyt hibit B REPRESENTATION OF PRINTED DOCUMENT c ti mortgage" 7107 8381 6540 0661 8715 03/04/08 69898 003651 Amanda L Duncan 927 Herman Dr Mechanicsburg PA 17055-5764 RE: Property: 927 Herman Drive Mechanicsburg, PA 17055 Loan No: 2003593522 Mortgagee: G.N.M.A. 2003593522 NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of PA Act No. 6 of 1974. (READ ALL PAGES OF THIS NOTICE CAREFULLY) r c o_ h r i? CitiMortgage, Inc. is providing this notice as lender or servicing agent for the lender. 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. The MORTGAGE held by the above name MORTGAGEE (hereinafter. we, us, or ours) on your property noted above under RE:, IS IN DEFAULT because you have not made the monthly payments as noted below under (a). Previous late charges under (b), if any, have also accrued to this date. THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT IS $ INCLUDING $144.15 IN LATE CHARGES $15.00 IN DELINQUENCY RELATED EXPENSES IS NOTED BELOW UNDER (d). AND (a) 01/01/08 thru 03/01/08 2 @ $48405/4ate oCharge/month $4,522.45 .05- (b) Previous late charge(s) $48.05- (c) Delinquency Expense(s) $15.00 (d) TOTAL AMOUNT (a)+(b)+(c) REQUIRED AS OF THIS DATE: $4,585.50 You may cure this default by 04/03/08 (or the next business day thereafter if 04/03/08 is a Saturday, Sunday, or Federal Holiday) by paying to us the amount under (d) above. Any additional payments and late charges that fall due during this period must also be paid to bring your loan current. Such payment must be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK, OR MONEY ORDER made payable to CitiMortgage, Inc., Loan Payments, P.O. Box 689196, Des Moines, IA 50368-9196. ;:itiMortgage, Inc. does business as Citicorp Mortgage in NM. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT c ti mortgage' 7107 8381 6540 0661 8708 03/04/08 69898 003650 Bret A Duncan 927 Herman Or Mechanicsburg PA 170'.55-5764 RE: Property: 927 Herman Drive Mechanicsburg, PA 17055 Loan No: 2003593522 Mortgagee: G.N.M.A. 2003593522 NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of PA Act No. 6 of 1974. (READ ALL PAGES OF THIS NOTICE CAREFULLY) n c G tV G r U CitiMortgage, Inc. is providing this notice as lender or servicing agent for the lender. 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. The MORTGAGE held by the above name MORTGAGEE (hereinafter we, us, or ours) on your property noted above under RE:, IS IN DEFAULT because you have not made the monthly payments as noted below under (a). Previous late charges under (b), if any, have also accrued to this date. THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT IS $ INCLUDING $144.15 IN LATE CHARGES $15.00 IN DELINQUENCY RELATED EXPENSES IS NOTED BELOW UNDER (dd). AND (a) 01/01/08 thru 03/01/08 2 @ $484O5?4ate ocharge/month $4,522.45 .05- (b) Previous late charge(s) $48.05- (c) Delinquency Expense(s) $15.00 (d) TOTAL AMOUNT (a)+(b)+(c) REQUIRED AS OF THIS DATE: $4,585.50 You may cure this default by 04/03/08 (or the next business day thereafter if 04/03/08 is a Saturday, Sunday, or Federal Holiday) by paying to us the amount under (d) above. Any additional payments and late charges that fall due during this period must also be paid to bring your loan current. Such payment must be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK, OR MONEY ORDER made payable to CitiMortgage, Inc., Loan Payments, P.O. Box 689196, Des Moines, IA 50368-9196. Litimortgage, Inc. does business as Citicorp Mortgage in NNI. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT c ti mortgage' L n c C M f Page Two 03/04/08 2003593522 2003593522 If you do not cure the default by 04/03/08, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original mortgage amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of the default is not made by 04/03/08, we also intend to instruct our if attorneys to start a lawsuit to foreclose your mortgaged property. the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal ns fees against actually incurred up still to $50e00pay the reasonable attorney's However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default by 04/03/08, you will not be required to pay attorney's fees. Also, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. If you have not cured the default by 04/03/08, and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. A notice of the 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 will be by calling us at the following number: 1(800)723-7906*. You should realize that a Sheriff's sale will end your ownership of the mortgaged properly and your right to remain in it. if you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. Citi'vlorgage, Inc. does business as Citicorp Mortgage in NM. 114TERNET REPRINT 2003593522 REPRESENTATION OF PRINTED DOCUMENT c ti mortgage' Page Three 03/04/08 2003593522 You have additional rights to help protect your interest in theMONEY TO property. PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES, ATTORNEY'S FEES, AND COSTS ARE PAID PRIOR TO, OR AT THE SALE (AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY A THIRD PARTY ACTING ON YOUR BEHALF. Under IRS regulation, we must report any foreclosure to the IRS on form 1099-A. The foreclosure may result in income tax consequences to you. Consult the IRS or your tax advisor for further information. If your delinquency is a result of a loss of employment income or a reduction in employment income you may be eligible for homeownership counseling from one of the Department of Housing and Urban Development ("HUD") approved homeownership counseling agencies. Please call us at 1(800)'723-7906* for information regarding the HUD-approved counseling agency nearest you and/or to discuss the circumstances of the default with one of our Loan Counselors. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, Collection Department CitiMortgage, Inc. *Calls are randomly monitored and recorded to ensure quality service. This -is an attempt to collect a debt, and any information obtained will be used for that purpose. In the event you are subject to an Automatic Stay issued by a United States Bankruptcy Court or the referenced debt has been discharged in Bankruptcy, this communication is not intended to be an attempt to collect a debt. 080304D0004660 L G G C N G M h L CitiMongage, inc. does business as Citicorp Mortgage in NNI. INTERNET REPRINT j ` .? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02874 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DUNCAN BRET A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT nTTTT("7TAT TMAWMA T. but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 927 HERMAN DRIVE DUNCAN AMANDA L NOT FOUND , as to MECHANICSBURG, PA 17055 AMANDA DOES NOT LIVE AT 927 HERMAN DRIVE. Sheriff's Costs: Docketing Service Not Found Surcharge , ll qlb F C So answe .,,.---' 6.00 , .00 5.00 R. Thoma, Kline 10.00 Sheriff of Cumberland County .00 21.00 GOLDBECK MCCAFFERTY MCKEEVER 05/09/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02874 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DUNCAN BRET A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DUNCAN BRET A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 306 BRANDY LANE DUNCAN BRET A NOT FOUND , as to MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT 306 BRANDY LANE Sheriff's Costs: Docketing Service Not Found Surcharge So answer. 6.00 10.00 ,.5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 r 31.00 GOLDBECK MCCAFFERTY MCKEEVER 05/09/2008 Sworn and Subscribed to before me this day of A. D. A 4 CASE NO: 2008-02874 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DUNCAN BRET A ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE DUNCAN BRET DEFENDANT the at 1750:00 HOURS, on the 8th day of May , 2008 at 927 HERMAN DRIVE MECHANICSBURG, PA 17055 by handing to CRYSTAL MEDINGER, GIRLFRIEND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.00 Affidavit .00 Surcharge 10.00 .00 q 38.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/09/2008 GOLDBECK MCCAFFERTY MCKEEVER By: De y Sheriff was served upon of A. D. CASE NO: 2008-02874 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DUNCAN BRET A ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE DUNCAN AMANDA L DEFENDANT the , at 1951:00 HOURS, on the 8th day of May , 2008 at 306 BRANDY LANE MECHANICSBURG, PA 17055 by handing to AMANDA L DUNCAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 s?iywP C? , ? 16.00 Sworn and Subscibed to before me this day So Answers: Tom/ R. Thomas Kline 05/09/2008 GOLDBECK MCCAFFERTY MCKEEVER By. Deputy Sheriff was served upon of A. D. In the Court of Common Pleas of Cumberland County MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff vs. BRET A DUNCAN AMANDA L. DUNCAN (Mortgagor(s) and Record Owner(s)) 927 Herman Drive Mechanicsburg. PA 17055 Defendant(s) PRAECIPE FOR JUDGMENT No. 08-2874 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 BRET A DUNCAN and AMANDA L. DUNCAN by default for want of an Answer. Assess damages as follows: Debt Interest from 06/13/2008 to Date of Sale per diem at $34.13 Total (Assessment of Damages attached) $194,518.42 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 i 1 McKeever for Plaintiff I.D. #56129 AND NOW 1 3 Judgment is entered in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. and against BRET A DUNCAN and AMANDA L. DUNCAN by default for want of an Answer and damages assessed in the sum of $194,518.42 as per the above certification. a n Prdfhonotary Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff vs. BRET A DUNCAN AMANDA L. DUNCAN (Mortgagors and Record Owner(s)) 927 Herman Drive Mechanicsburg, PA 17055 Defendant(s) No. 08-2874 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 Prothono ry By: 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 65737FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 29, 2008 TO AMANDA L. DUNCAN 927 Herman Drive Mechanicsburg, PA 17055 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. BRET A DUNCAN AMANDA L. DUNCAN (Mortgagor(s) and Record Owner(s)) 927 Herman Drive Mechanicsburg, PA 17055 TO: AMANDA L. DUNCAN 927 Herman Drive Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Tenn No. 08-2874 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 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 65737FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 29, 2008 TO BRET A DUNCAN 927 Herman Drive Mechanicsburg. PA 17055 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. BRET A DUNCAN AMANDA L. DUNCAN (Mortgagor(s) and Record Owner(s)) 927 Herman Drive Mechanicsburg, PA 17055 TO: BRET A DUNCAN 927 Herman Drive Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-2874 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 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 65737FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 29, 2008 TO AMANDA L. DUNCAN 306 Brandy Lane Mechanicsburg, PA 17055 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 VS. BRET A DUNCAN AMANDA L. DUNCAN (Mortgagor(s) and Record Owner(s)) 927 Herman Drive Mechanicsburg, PA 17055 TO: AMANDA L. DUNCAN 306 Brandy Lane Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-2874 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 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 n? 914 S? O -Ps*r? v? _ % ?.z 131 no L 0 : ? d C ! N0C 8002 Ablvi \ti6 Loud i 31iI ziU 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff vs. BRET A DUNCAN AMANDA L. DUNCAN (Mortgagor(s) and Record owner(s)) 927 Herman Drive Mechanicsburg, PA 17055 Defendant(s) Please enter Judgment in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC., and against BRET A DUNCAN and AMANDA L. DUNCAN for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $194,518.42. ORDER FOR JUDGMENT IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 08-2874 Mi eA McKeever At mev or Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 and that the name(s) and last known address(es) of the Defendant(s) is/are BRET A DUNCAN, 927 Herman Drive Mechanicsburg, PA 17055 and AMANDA L. DUNCAN, 306 Brandy Lane Mechanicsburg, PA 17055; /-?\ r\ ?/GI K cCAFFERTY & McKEEVER Bichael . McKeever Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $177.988.05 Interest from 12/01/2007 through $6,655.35 06/12/2008 Reasonable Attorney's Fee $8,899.40 Late Charges $288.29 Costs of Suit and Title Search $900.00 FHA/PMI Premium $146.02 Less Escrow Balance -$388.69 FC Charges $30.00 $194,518.42 CK McCAFFERTY & McKEEVER Mi hael T. McKeever Attorney for Plaintiff AND NOW, this 1 3 day of ° 2008 damages are assessed as above. Pr grothy r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.456129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW BRET A DUNCAN AMANDA L. DUNCAN Mortgagor(s) and Record Owner(s) 927 Herman Drive Mechanicsburg, PA 17055 Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 08-2874 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 06/13/2008 to Date of Sale per diem at $34.13 (Costs to be added) $194,518.42 Attorney for Plaintiff w d+ 0 E U ,.a O to ? a ? ? ,? ? U Ga ? ao ? ??w U t7 v x ? Q ? d ? Q p c W ? F+ ? ? ?bA H w I wo a, ? c C D w 7 Q cJ -74 - 5 - Qkl? v o t 1 CL- 4 cn o o ?. ?° M r CL- L v .t w p ? (:7 y d ? a A o d Lf) v a? d ? a IC, O -? .f., ALL THAT CERTAIN piece, parcel, lot or tract of land situate in Upper Allen Township, Cumberland County. Pennsylvania.. more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western side of Herman Drive (50 feet wide) at the dividing line between Lots Nos. 16 and 17 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between Lots Nos. 16 and 17, South 69 degrees 12 minutes West, a distance of one hundred twenty (120) feet to a point; thence North 20 degrees 48 minutes West, a distance of ninety (90) feet to a point at the dividing line between Lots Nos. 16 and 15 as shown on said Plan of Lots, thence along said dividing line between Lots Nos. 16 and 15, North 59 degrees 12 minutes East, a distance of one hundred twenty (120) feet to a point on the Western side of Hennan Drive, aforesaid; thence along the Wester line of said Hermann Drive, South 20 degrees 48 minutes East, a distance of ninety (90) feet to a point on the same, at the dividing line between Lots Nos. 16 and 17 as shown on the hereinafter mentioned Plan of Lots, at the point and place of BEGINNING. BEING Lot No. 16 as shown on a certain Plan of Lots, Tract No. 2, as laid out for Jacob S. Stoner and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 14, Page 39. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 927 Herman Drive Mechanicsburg, PA 17055 SOLD as the property of BRET A DUNCAN and AMANDA L. DUNCAN TAX PARCEL #42-30-2108-120 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. BRET A DUNCAN AMANDA L. DUNCAN (Mortgagor(s) and Record Owner(s)) 927 Herman Drive Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 08-2874 AFFIDAVIT PURSUANT TO RULE 3129 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC., 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: 927 Herman Drive Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): BRET A DUNCAN 927 Herman Drive Mechanicsburg, PA 17055 AMANDA L. DUNCAN 306 Brandy Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: BRET A DUNCAN 927 Herman Drive Mechanicsburg, PA 17055 AMANDA L. DUNCAN 306 Brandy Lane Mechanicsburg, PA 17055 #3.'Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle. PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 927 Herman Drive Mechanicsburg, PA 17055 (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: June 12, 2008 gOCDI3 {K McCAFFERTY & McKEEVER BY: Mich el T. McKeever, Esq. Attorney for Plaintiff n r-?2 C ?, rr. VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that 1 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, BRET A DUNCAN, is about unknown years of age, that Defendant's last known residence is 927 Herman Drive Mechanicsburg, PA 17055, 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 Ames Date: { n ?-,( f ?? iif( rn s_. . Fr . 1 l u La < 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 IS Pa. C.S. 4904 relating to unsworn falsification to authorities. That the above named Defendant, AMANDA L. DUNCAN, is about unknown years of age, that Defendant's last known residence is 306 Brandy Lane Mechanicsburg, PA 17055, 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: (? *V D? 9CA r? 08-2874 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 Plaintiff vs. BRET A DUNCAN AMANDA L. DUNCAN Mortgagor(s) and Record Owner(s) 927 Herman Drive Mechanicsburg, PA 17055 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-2874 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DUNCAN, BRET A. BRET A DUNCAN 927 Herman Drive Mechanicsburg, PA 17055 Your house at 927 Herman Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $194,518.42 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 08-2874 1. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 'IV 08-2874 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: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.g_ov 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 homeretentionn,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 65737FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ` 4 i: ? ? ?-t. ?' ?^' r ? v ? dY ? ?.+r '-Y _?, ^ ryf ? ? ?+. GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.456129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia. PA 19106 215-825-6318 Attorney for Plaintiff 08-2874 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff vs. BRET A DUNCAN AMANDA L. DUNCAN Mortgagor(s) and Record Owner(s) 927 Herman Drive Mechanicsburg, PA 17055 Defendant(s Term No. 08-2874 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: DUNCAN, AMANDA L. AMANDA L. DUNCAN 306 Brandy Lane Mechanicsburg, PA 17055 Your house at 927 Herman Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $194,518.42 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 08-2874 1. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC.. the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings 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 sate 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 08-2874 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: or 717-243-9400. 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.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 cr,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 65737FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ca ? "TJ [T r C..., r cc -C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-2874 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC Plaintiff (s) From BRETT A. DUNCAN AND AMANDA L. DUNCAN (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$194,518.42 L.L.$.50 Interest FROM 06/13/2008 TO DATE OF SALE PER DIEM AT $34.13 Atty's Comm % Atty Paid $225.00 Plaintiff Paid Date: JUNE 13, 2008 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs CuilK 4R.Lo? o notary By: Deputy Name MICHAEL T. MCKEEVER, ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET, PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff VS. BRET A DUNCAN AMANDA L. DUNCAN (Mortgagor(s) and Record Owner(s)) 927 Herman Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-2874 PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PLAINTIFF UNDER Pa.R.C.P. 2352 TO THE PROTHONOTARY: Kindly file of record the Praecipe of CITIMORTGAGE INC. for Voluntary Substitution under Pa.R.C.P. 2352 and attached Statement of Material Facts in Support of Voluntary Substitution, Verification, Certification of Service. The address for the Plaintiff is 1000 Technology Drive, MS 730, O'Fallon, MO 63368-2240. -N`cM'&A Cu4 Pun MICHAEL T. MCKEEVER, ESQUIRE 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 Attornev for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff vs. BRET A DUNCAN AMANDA L. DUNCAN (Mortgagor(s) and Record Owner(s)) 927 Herman Drive Mechanicsburg, PA 17055 Defendant(s) No. 08-2874 STATEMENT OF MATERIAL FACTS IN SUPPORT OF VOLUNTARY SUBSITTUTION UNDER Pa.R.C.P. 2352 CITIMORTGAGE INC., by counsel, hereby voluntarily substitutes itself as Plaintiff in the above-captioned matter and in support thereof represents as follows: The above-captioned action is one in mortgage foreclosure regarding the premises as noted in the caption. 2. The subject of the above-captioned action is a first mortgage on said premises recorded at Mortgage Book 1957, Page 3038 in the Office of the Recorder of Deeds for this County. 3. The original Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC.. 4. CITIMORTGAGE INC. is the successor in interest to the Plaintiff by Assignment lodged for recording in the Office of the Department of Records and is hereby voluntarily substituted as Plaintiff in the above- captioned matter. Respectfully submitted, IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE MICHAEL T. MCKEEVER, ESQUIRE 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 OTallon, MO 63368-2240 Plaintiff VS. BRET A DUNCAN AMANDA L. DUNCAN (Mortgagor(s) and Record Owner(s)) 927 Herman Drive Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-2874 Defendant(s) CERTIFICATE OF SERVICE Michael T. McKeever, Esquire, hereby certifies that he did serve true and correct copies of Praecipe for Voluntary Substitution and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on June 19, 2008. BRET A DUNCAN 927 Herman Drive Mechanicsburg, PA 17055 AMANDA L. DUNCAN 306 Brandy Lane Mechanicsburg, PA 17055 AMANDA L. DUNCAN 927 Herman Drive Mechanicsburg, PA 17055 Michael T. McKeever, Esq. <a ? F7' GOLDBECK WCAFFERTY & McKEEVER ATTORNEY FOR PLAINTIFF BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 VS. BRET A DUNCAN AMANDA L. DUNCAN 927 Herman Drive Mechanicsburg, PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-2874 Defendants PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. k,ffil Michael T. Mc Bever, Esquire Attorney for Plaintiff ?' uD t GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. BRET A DUNCAN AMANDA L. DUNCAN 927 Herman Drive Mechanicsburg, PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-2874 Defendants TO THE PROTHONOTARY: PRAECIPE TO VACATE JUDGMENT Kindly vacate the judgment upon payment of your costs only. IMCKEEVER, ESQUIRE t? V? N C t'7 V P4 W Mortgage Electronic Registration Systems, Inc., In the Court of Common Pleas of As Nominee for Primary Residential Cumberland County, Pennsylvania Mortgage, Inc. Writ No. 2008-2874 Civil Term VS Bret A. Duncan and Amanda L. Duncan R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Bret A. Duncan, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law. PERRY COUNTY RETURN: And Now, September 26, 2008 at 0840 hours served the within Real Estate Writ, Notice of Sale and Description upon Bret A. Dunan by making known unto Crystal Medinger, defendant's girlfriend and person in charge at 63 Loy Lane, Ickesburg, PA 17037 its contents and at the same time handing to her a true and correct copy of the same. So answers: Carl Nace, Sheriff of Perry County, Pennsylvania. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Amanda L. Duncan, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Amanda L. Duncan. The property located at 306 Brandy Lane, Mechanicsburg, Cumberland County, PA is vacant and the post office does not have a forwarding address for the defendant. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2008 at 1112 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Bret A. Duncan and Amanda L. Duncan, located at 927 Herman Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Bret A. Duncan, by regular mail to his last known address of 63 Loy Lane, Ickesburg, PA 17037. This letter was mailed under the date of October 7, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Goldbeck. Sheriff's Costs: Docketing 30.00 Poundage 2,986.73 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 30.00 Levy 15.00 Surcharge 30.00 Out of County 9.00 ep Perry County 40.55 ¢ SIC) ?? Law Journal 359.00 t - Patriot News 379.16 ?, G•Y?IS y Share of bills 14.92 3,926.86 R.## a l 4??? lISI ?? So Answers: -f &959t? R. Thomas Kline, Sheriff BY QReal Estate S geant r-? t-'1 ..,. ;? :?'- ° ??, t -??- ?? ?? i?? c?? ,.. ??? ::? .??. 1 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff vs. BRET A DUNCAN AMANDA L. DUNCAN (Mortgagor(s) and Record Owner(s)) 927 Herman Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-2874 AFFIDAVIT PURSUANT TO RULE 3129 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC., 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: 927 Herman Drive Mechanicsburg, PA 17055 I.Name and address of Owner(s) or Reputed Owner(s): BRET A DUNCAN 927 Herman Drive Mechanicsburg, PA 17055 AMANDA L. DUNCAN 306 Brandy Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: BRET A DUNCAN 927 Herman Drive Mechanicsburg, PA 17055 AMANDA L. DUNCAN 306 Brandy Lane Mechanicsburg, PA 17055 V n Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 927 Herman Drive Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: June 12, 2008 gOLDB) K McCAFFERTY & McKEEVER BY: Mic el T. McKeever, Esq. Attorney for Plaintiff 08-2874 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff vs. BRET A DUNCAN AMANDA L. DUNCAN Mortgagor(s) and Record Owner(s) 927 Herman Drive Mechanicsburg, PA 17055 Defendant(s Term No. 08-2874 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: DUNCAN, AMANDA L. AMANDA L. DUNCAN 306 Brandy Lane Mechanicsburg, PA 17055 Your house at 927 Herman Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $194,518.42 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 08-2874 1. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 08-2874 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: or 717-243-9400. 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.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 65737FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 08-2874 GC LDBECK 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW vs. BRET A DUNCAN AMANDA L. DUNCAN Mortgagor(s) and Record Owner(s) 927 Herman Drive Mechanicsburg, PA 17055 Defendant(s', Term No. 08-2874 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: DUNCAN, BRET A. BRET A DUNCAN 927 Herman Drive Mechanicsburg, PA 17055 Your house at 927 Herman Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $194,518.42 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 08-2874 1. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 08-2874 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: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.aov 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.orWconsumers/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 homeretentionggoldbecklaw.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 65737FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-2874 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC Plaintiff (s) From BRETT A. DUNCAN AND AMANDA L. DUNCAN (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$194,518.42 L.L.$.50 Interest FROM 06/13/2008 TO DATE OF SALE PER DIEM AT $34.13 Atty's Comm % Atty Paid $225.00 Plaintiff Paid Date: JUNE 13, 2008 (Seal) REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET, PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Due Prothy $2.00 Other Costs - -- d- - C 's R. Lo , o notaryBy: Deputy Real Estate Sale #45 On August 27, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 927 Herman Dr., Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August '27, 2008 By: Real Es to Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. - L- V ie Coyne, SWORN TO AND SUBSCRIBED before me this 14 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS NofaryPublk CARLISLE 8080, CUMBERLAND COUNTY MY Commlaslon Expires Apr 28, 2010 RX" NOWAM *A&& 1W 46 Writ No. 2008-2874 Civil Mortgage Electronic Registration Systems, Inc., as Nominee for Primary Residential Mortgage, Inc. VS. Bret A. Duncan and Amanda L. Duncan Atty.: Michael McKeever ALL THAT CERTAIN piece, parcel, lot or tract of land situate in Upper Al- len Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western side of Herman Drive (50 feet wide) at the dividing line between Lots Nos. 16 and 17 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line be- tween Lots Nos. 16 and 17, South 69 degrees 12 minutes West, a distance of one hundred twenty (120) feet to a point; thence North 20 degrees 48 minutes West, a distance of ninety (90) feet to a point at the dividing line between Lots Nos. 16 and 15 as shown on said Plan of Lots; thence along said dividing line between Lots Nos. 16 and 15, North 59 degrees 12 minutes East, a distance of one hundred twenty (120) feet to a point on the Western side of Herman Drive, aforesaid; thence along the Western line of said Hermann Drive, South 20 degrees 48 minutes East, a distance of ninety (90) feet to a point on the same, at the dividing line between Lots Nos. 16 and 17 as shown on the hervia0w mentia ned 1P%n of Lots, at the pd w and place of SWINNING. B)CIlli0 Lot No. 16 as shown on a certain Pon of Lots, Tract No. 2, as Iald out for Jacob S. Stoner and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 14, Page 39. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 927 Herman Drive, Mechanicsburg, PA 17055. SOLD as the property of BRET A. DUNCAN and AMANDA L. DUN- CAN. TAX PARCEL #42-30-2108-120. - -The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: i 10/29/08 ' 11/05/08 11/12/08 Sworn to and sWsefibed before Notary Public o f November, 2008 A. D. COWONWEALTH OF PENNSYLVANIA SW* Kiew Notary Pubic City Of Mmiabini'DeWhiri My Con"(on EXkea Nov. A 2011 Member, Pennsylvania Assodation of Notaries Real Estate Sale No. 45 Writ No. 2006-2874 Civil Term Mortgage Electronic Registration Systems, Inc., as Nominee for Primary Residential Mortgage, Inc. VS Bret A. Duncan and Amanda L. Duncan Attorney Michael McKeever LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel, lot or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western side of Herman Drive (50 feet wide) at the dividing line between Lots Nos. 16 and 17 as shown on the hereinafter mentioned Plan of Lots; thencealong said dividing lice between Lots Nos. 16 and 17, South 69 degrees 12 minutes West, a distance of one hundred twenty(120).feet to a point; thence North 20 degrees 48 minutes West, a distance of ninety- 90) feet to a point at the dividing line between Lots Nos. 16 and 15 as sbown on said Plan of Lots; thence along said dividing fine between Lots Nos. 16 and 15, North 59 degrees 12 minutes East, a-distance of one hundred twenty (120) feet to a point on the Western side of Herman Drive, aforesaid, thence along the Western lice of said Hermann Drive, South.20 degrees 48 minutes East, a distance of ninety (90) feet to a point on the same, at the dividing fine between Lots Nos. 16 and 17 as shown on the hereinafter mentioned Plan of Lots, at the point and place of BEGINNING. BEING Lot No. 16 as shown on.a certain Plan of Lots, Tract No. 2, as laid out for Jacob S. Stoner and recorded in the Office of the Recordei of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 14, Page 39. II MOVEMENTS consist of a residential dMalb PW 1009111%. 937 Hww Drive li 6wic" PA 174M SOLD as the property of BRET A DUNCAN and AMANDA L: DUNCAN TAX PARCEL #42-30-2108-120