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HomeMy WebLinkAbout08-3927GOLDBECK McCAFFERTY & McKEEVER BY: 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 os -34.2r CWM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff VS. THOMAS A. DE BELLO CARMEN N. DE BELLO Mortgagors and Real Owners 26 White Oak Boulevard Mechanicsburg, PA 17050 Defendants Term No. CIVIL ACTION; MORTGAGE EORECLOSURF 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 "ISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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 TELPFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERR CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, RSTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 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 httn://www.phfa.org/consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) at 800-211-6926 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(aDgoldbecklaw.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 65782FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WM SPECIALTY MORTGAGE LLC, 10801 6th Street, Suite 130, Rancho Cucamonga, CA 91730. 2. The names and addresses of the Defendants are THOMAS A. DE BELLO, 26 White Oak Boulevard, Mechanicsburg, PA 17050 and CARMEN N. DE BELLO, 26 White Oak Boulevard, Mechanicsburg, PA 17050, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On April 20, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1906, Page 3186. The mortgage has been assigned to: WM SPECIALTY MORTGAGE LLC by assignment of Mortgage May 14, 2008 as Instrument#200815829. 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 ..................................................................................$191,952.13 Interest from 12/01/2007 through 06/30/2008 at 8.3000% .......................$9,427.37 Per Diem interest rate at $44.26 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph .......... .........$9,597.61 Late Charges from 01/01/2008 to 06/30/2008 ................................. ............$622.02 Monthly late charge amount at $88.86 Costs of suit and Title Search .......................................................... ............$900.00 Suspense ........................................................................................... ...........$187.82 Fees .................................................................................................. ..............$37.00 Recoverable Balance ........................................................................ ..............$33.00 Monthly Escrow amount $272.54 $212,381.31 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. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The date of the postmark on the Notice was the same as the date of the Notice. The Defendants had the required face to face meeting within the required time and Plaintiff has been advised that the Defendants filed an application for mortgage assistance with the Pennsylvania Housing Finance Agency, the Plaintiff has been advised by the Pennsylvania Housing Finance Agency that the Defendants' application has been rejected. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $212,381.31, together with interest at the rate of $44.26, 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. -.1 1 By: GOLDBECK MCCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Shakila Rehman, 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: June 27',2008 2-? - 4 e ? ---- CITI RESIDENTIAL LENDING, INC.Shakila Rehman 0117199562 THOMAS A. DE BELLO and CARMEN N. DE BELLO ExhibitA PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, as set forth on a Final Subdivision Plan for Tdndle Spring Development, Sedan One, Trindle Spring Development Company, as prepared by Robert G. Hartman, Jr., P.E., R.S., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 58, Page 15 and more particularly described as follows: BEGINNING at a point on the North sloe of White Oak Boulevard, said point being also a distance of 85.00 feet Southerly of the intersection of the South side of Sycamore Drive and the North side of White Oak Boulevard; thence by the North side of White Oak Boulevard, South 30 degrees, 47 minutes, 49 seconds West, a distance of 80.00 feet to a point at Lot No. 135; thence by some, North 59 degrees, 12 minutes, 11 seconds West, a distance of 140.00 feet to a point at Lot No. 144; thence by same and Lot No. 145, North 30 degrees, 47 minutes, 49 seconds East, a dMence of 80.00 feet to a point at Lot No. 133; thence by some, South 59 degrees, 12 minutes, 11 seconds East, a distance of 140.00 feet to a point, the place of BEGINNING. BEING LOT NO. 134 on the aforementioned Final Subdivision Plan for Trindle Spring Development, Section One, Trindle Spring Development Company, and containing 11,200 square feet, more or less. UNDER AND SUBJECT to set back lines, easements and conditions as shown on the aforementioned Final Subdivision Plan and restrictions and conditions as set forth in the Declaration of Trindie Spring Development Company this is recorded In Cumberland County Miscellaneous Book 384, Page 87. Parcel #38-21-0291-079 ! Certify thi In s to be r Cur1.4 (-riafld C ?Orded Uunty P4 Recorder of 'Cods 6K 1906PG3202 E...x.hibit (B P.O. Box 11000 Citi Residential Lending Santa Ana, CA 92711.1000 7182 6389 3060 1198 6202 March 04, 2008 THOMAS A DE BELLO CARMEN N DE BELLO 26 WHITE OAK BLVD MECHANICSBURG, PA 17050 ACT 91 NOTICE atl TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica como los propietarios de casas pueden evitar perder sus hogares debldo a demoras de pagos. Para informaci n an espaaeollame a su prestamista. STATEMENTS OF POLICY Loan Number. 0117199562 Property Address: 26 WHITE OAK BLVD, MECHANICSBURG PA, 17050 Original Lender: Citi Residential Lending Current Lender/Servicer. Citi Residential Lending THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This Is an official notice that the mortgage on your home is In default. and the lender Intends to foreclose. SpecM a information about the nature of the defauk is provided in the attached pause. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proaram 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 Apencv. 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 SOMA IMPORTANCIIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO EWEE1MCP Citi Residential Lending P.O.Box 11000 Santa Ana, CA 927141000 #BWNKZZS THOMAS A DE BELLO CARMEN N DE BELLO 26 WHITE OAK BLVD MECHANICSBURG, PA 17050 I"" / NW March 04, 2008 ACT 91 NOTICE cAos"441L i e TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica como be propietarios de cases pueden evhar ponder sus hogares debido a demoras de pagos. Para in(ormacien on espaflol Ilame a su prestamista. STATEMENTSOF POLICY Loan Number. 0117199562 Property Address: 26 WHITE OAK BLVD, MECHANICSBURG PA, 17050 Original Lender: Chi Residential Lending Current Lender/Servber: Chi Residential Lendng THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A D19CHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an officied notice that the morto a on your home is in default, and the tinder intends to foreclose. Specific Information about the nature of the default is provided in the attached panes. 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 he% 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, It you have arw auestla you may can the Pennsyhhnie Housing Finance Agency toN free at 14MXk 42.2597. (Persons with impaired hearing can call (717) 780-1888). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN EF09&X*ICP"7 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 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's, 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. Iffll CONSUMER CREDIT COUNSELING AGENCIE »If you meet with one of the consumer credit counseling agency listed at the and of this notice, the lender may NOT take action a0instt yms for thirty (= days after the dale of this meeting. The rames. addresses and telephm numbers of desigoaW consumer credit counsaft noncies for the cowry in which the pu=Dy is located are sat forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediat?l of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the masons set forth later in this Notice (see following pages for specific inbmtation about the nature of your defauh.) H 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 Homeowners Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the and 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 elgibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sbcty (80) 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. EFO ffi PIB-0'/ March 04, 2008 Loan Number. 0117199562 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.) ?LL`iliCOT&I Z'1TTXI: it _T?T? NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at: 26 WHITE OAK BLVD, MECHANICSBURG, PA 17050 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: 01 /01 /08 thru 03/01/08 Minimum Payments plus late charge or other fees: $5527.32 Minimum Amount to Cure Default: $5527.32 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicsble):N/A 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 $5527.32 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Chi Residential Lending P.O. Box 592$3 Carol Stream, IL 80197-5928 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 aodicable.) WA IF YOU DO NOT CURE THE DEFAULT --N you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to excrd" Its rights to accelerate the meMM . 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 toforeclose upon your modgaW pmpally. 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 cage 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) DAY Period, You will not be rewired to ow attamev'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 up to one hour before the Sherin Sale. You May do so wino the minimum 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 wing any other requirements under the mortaaoe. 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 Sherifrs Sale of the mortgaged property could be held would be approximately (8) 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 watt. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACTTHE LENDER: Citi Residential Lending PO Box 11000 Santa Ana, CA 92711-1000 Phone Number 800.430-5282 Fax Number 714-347-5037 EFFECT OF SHERIFF'S SALE --You should realize that a Sherifrs 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 Sherifrs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED If you need additional assistance or counseling you may also find a Homing Counseling Agency in your area by calling Toll-free (800) 589-4287 or TDD (800) 877-8339. Citi Residential Lending Cc: Citi Residential Lending Attn: Collections Department Loan Number. 0117199562 Mailed by 1st Class Mail and by Certified Moil EFOBBpMtp W Homeowners Emergency Assistance Program Cumberland County Ada C.snty Warble H,=kg Aatlaemy 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Weals PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Ce vz* Aetlea Ceaabdea et Capthd Regha 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveddp, I=. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Mfirmostba 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 a w `? a ? .. -71 ? ' Cn CASE NO: 2008-03927 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS DE BELLO THOMAS A ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DE BELLO THOMAS A the DEFENDANT , at 0020:45 HOURS, on the 10th day of July , 2008 at 26 WHITE OAK BOULEVARD MECHANICSBURG, PA 17050 CARMEN N DE BELLO by handing to WIFE OF DEFENDANT together with a true and attested copy of COMPLAINT - MORT FORE 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 '7/11,/41 4 ? 38.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/14/2008 GOLDBECK MCCAFFERTY & MCKEEVER By: De t Sh ri f of , A. D. CASE NO: 2008-03927 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS DE BELLO THOMAS A ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DE BELLO CARMEN N the DEFENDANT , at 0020:45 HOURS, on the 10th day of July , 2008 at 26 WHITE OAK BOULEVARD MECHANICSBURG, PA 17050 - -"AT AT T1T n=T T r1 by handing to DEFENDANT 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 7?/slo P ?-. 16.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 07/14/2008 GOLDBECK, MCCAFFERTY & MCKEEVE By: De uty he ff A.D. In the Court of Common Pleas of Cumberland County WM SPECIALTY" MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. THOMAS A. DE BELLO CARMEN N. DE BELLO (Mortgagor(s) and Record Owner(s)) 26 White Oak Boulevard Mechanicsburg, PA 17050 Plaintiff Defendant(s) PRAECIPE FOR JUDGMENT No. 08-3927 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 THOMAS A. DE BELLO and CARMEN N. DE BEL,LO by default for want of an Answer. Assess damages as follows: Debt Interest from 08/12/2008 to Date of Sale per diem at $44.26 Total (Assessment of Damages attached) $215,419.24 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 U??= \-?WJx1 Michael T. McKeever Attorney for Plaintiff I.D. #56129 AND NOW +" q2Ok , Judgment is entered in favor of WM SPECIALTY MORTGAGE LL and against THOMAS A. DE BELLO and CARMEN N. DE BELLO by default for want of an Answer and damages assessed in the sum of $215,419.24 as per the abov ertification. Prot onotary 65782FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: July 31, 2008 TO: THOMAS A. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 WM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. THOMAS A. DE BELLO CARMEN N. DE BELLO (Mortgagor(s) and Record Owner(s)) 26 White Oak Boulevard Mechanicsburg, PA 17050 TO: THOMAS A. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-3927 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 65782FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: July 31, 2008 TO: CARMEN N. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 WM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. THOMAS A. DE BELLO CARMEN N. DE BELLO (Mortgagor(s) and Record Owner(s)) 26 White Oak Boulevard Mechanicsburg, PA 17050 TO: CARMEN N. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-3927 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 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, THOMAS A. DE BELLO, is about unknown years of age, that Defendant's last known residence is 26 White Oak Boulevard Mechanicsburg, PA 17050, 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: 1 . 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, CARMEN N. DE BELLO, is about unknown years of age, that Defendant's last known residence is 26 White Oak Boulevard Mechanicsburg, PA 17050, 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: 3a (A 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 WM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 VS. THOMAS A. DE BELLO CARMEN N. DE BELLO (Mortgagor(s) and Record owner(s)) 26 White Oak Boulevard Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 08-3927 ORDER FOR JUDGMENT Please enter Judgment in favor of WM SPECIALTY MORTGAGE LLC, and against THOMAS A. DE BELLO and CARMEN N. DE BELLO 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 $215,419.24. uwau 6/1 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 WM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 and that the name(s) and last known address(es) of the Defendant(s) is/are THOMAS A. DE BELLO, 26 White Oak Boulevard Mechanicsburg, PA 17050 and CARMEN N. DE BELLO, 26 White Oak Boulevard Mechanicsburg, PA 17050; ?Av&uj -t-, U(A t wrA GOLDBECK MCCAFF RTY & 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 Interest from 12/01/2007 through 08/11/2008 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 4 X $272.54 Suspense Fees Recoverable Balance AND NOW, this 1,94 day of Aug. $191,952.13 $11,286.29 $9,597.61 $710.87 $900.00 $1,090.16 4187.82 $37.00 $33.00 $215,419.24 U&VfU -v?UIo?jrl-) GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff , 2008 damages are assessed as above. Pro P othy ea Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff VS. THOMAS A. DE BELLO CARMEN N. DE BELLO (Mortgagors and Record Owner(s)) 26 White Oak Boulevard Mechanicsburg, PA 17050 Defendant(s) No. 08-3927 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: 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 1K /A 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 WM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. THOMAS A. DE BELLO CARMEN N. DE BELLO Mortgagor(s) and Record Owner(s) 26 White Oak Boulevard Mechanicsburg, PA 17050 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-3927 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 08/12/2008 to Date of Sale per diem at $44.26 (Costs to be added) $215,419.24 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff O W a V > ??05 W Qa'W ? ~ w ? o O U` U -- w ? os go o $ 9-5 0 $ W ?U U ?p c.? y O ? ''' d cn z p O 0 ??C O Fii ta> Fern 0 ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, as set forth on a Final Subdivision Plan for Trindle Spring Development, Section One, Trindle Spring Development Company, as prepared by Robert G. Hartman, Jr., P.E., R.S., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 58, Pagel5 and more particularly described as follows: BEGINNING at a point on the North side of White Oak Boulevard, said point being also a distance of 85.00 feet Southerly of the intersection of the South side of Sycamore Drive and the North side of White Oak Boulevard; thence by the North side of White Oak Boulevard, South 30 degrees, 47 minutes, 49 seconds West, a distance of 80.00 feet to a point at Lot No. 135; thence by same, North 59 degrees, 12 minutes, 11 seconds West, a distance of 140.00 feet to a point at Lot No. 144; thence by same and Lot No. 145, North 30 degrees, 47 minutes, 49 seconds East, a distance of 80.00 feet to a point at Lot No. 133; thence by same, South 59 degrees, 12 minutes, 11 seconds East, a distance of 140.00 feet to a point, the place of BEGINNING. BEING LOT NO. 134 on the aforementioned Final Subdivision Plan for Trindle Spring Development, Section One, Trindle Spring Development Company, and containing 11,200 square feet, more or less. TAX Parcel #38-21-0291-079 MUNICIPALITY: SILVER SPRING TOWNSHIP PROPERTY ADDRESS: 26 WHITE OAK BOULEVARD, MECHANICSBURG, PA 17050 W6 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 WM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. THOMAS A. DE BELLO CARMEN N. DE BELLO (Mortgagor(s) and Record Owner(s)) 26 White Oak Boulevard Mechanicsburg, PA 17050 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 08-3927 WM SPECIALTY 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: 26 White Oak Boulevard Mechanicsburg, PA 17050 1.Name and address of Owner(s) or Reputed Owner(s): THOMAS A. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 CARMEN N. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: THOMAS A. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 CARMEN N. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 SILVER SPRING TOWNSHIP AUTHORITY 6475 Carlisle Pike Mechanicsburg, PA 17050 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: BENEFICIAL CONSUMER DISCOUNT CO. D/B/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA 4910 Carlisle Pike, Suite 104, Hampden Center Mechanicsburg, PA 17050 BENEFICIAL CONSUMER DISCOUNT CO. 961 Weigel Drive Elmhurst, IL 60126 BENEFICIAL CONSUMER DISCOUNT CO. P.O. Box 9068 Brandon, FL 33509 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 26 White Oak Boulevard Mechanicsburg, PA 17050 (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: Aue_ust 11, 2008 GOL BECK MccCAFFE?RTY & McKEEVER T BY: Michael T. McKeever, Esq. Attorney for Plaintiff C V--7 co Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. THOMAS A. DE BELLO CARMEN N. DE BELLO Mortgagor(s) and Record Owner(s) 26 White Oak Boulevard Mechanicsburg, PA 17050 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY NO. 08-3927 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. UWA A ? I U k( I Michael T. McKeever Attorney for plaintiff ' C no . ti c 08-3927 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 WM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. THOMAS A. DE BELLO CARMEN N. DE BELLO Mortgagor(s) and Record Owner(s) 26 White Oak Boulevard Mechanicsburg, PA 17050 Defendant(s,' Term No. 08-3927 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: DE BELLO, THOMAS A. THOMAS A. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 Your house at 26 White Oak Boulevard, Mechanicsburg, PA 17050 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 $215,419.24 obtained by WM SPECIALTY MORTGAGE LLC 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: v 08-3927 1. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311. 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. I . If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 V Ir 08-3927 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.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 800-211-6926 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 65782FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 08-3927 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 WM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. THOMAS A. DE BELLO CARMEN N. DE BELLO Mortgagor(s) and Record Owner(s) 26 White Oak Boulevard Mechanicsburg, PA 17050 Defendant(s, Term No. 08-3927 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: DE BELLO, CARMEN N. CARMEN N. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 Your house at 26 White Oak Boulevard, Mechanicsburg, PA 17050 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 $215,419.24 obtained by WM SPECIALTY MORTGAGE LLC 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: V-1 08-3927 1. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 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 BF, 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 08-3927 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. org,/consumers/hom eowners/real . aspx. 5). Call the Plaintiff (your lender) at 800-211-6926 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 65782FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3927 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC, Plaintiff (s) From THOMAS A. DE BELLO & CARMEN N. DE BELLO (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 $215,419.24 L.L.$ 0.50 Interest from 8/12/08 to Date of Sale per diem at $44.26 Atty's Comm % Due Prothy $2.00 Atty Paid $173.00 Other Costs to be added Plaintiff Paid Date: 8/12/08 Prothonotary (Seal) By: REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MAKRET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Deputy WM Specialty Mortgage LLC In the Court of Common Pleas of VS Cumberland County, Pennsylvania Thomas A. DeBello and Carmen N. DeBello Writ No. 2008-3927 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 30.00 Poundage 1.73 Law Library .50 Prothonotary 2.00 Levy 15.00 Mileage 9.00 Surcharge 30.00 $ 88.23 So Answers: R. Thomas Kline, Sheriff BY? _ Real Estate ergeant ,/ /,(-io.V ()k- 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 WM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 VS. THOMAS A. DE BELLO CARMEN N. DE BELLO (Mortgagor(s) and Record Owner(s)) 26 White Oak Boulevard Mechanicsburg, PA 17050 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 08-3927 WM SPECIALTY 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: 26 White Oak Boulevard Mechanicsburg, PA 17050 1.Name and address of Owner(s) or Reputed Owner(s): THOMAS A. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 CARMEN N. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: THOMAS A. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 CARMEN N. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 r P.O. Box 2675 Harrisburg, PA 17105-2675 SILVER SPRING TOWNSHIP AUTHORITY 6475 Carlisle Pike Mechanicsburg, PA 17050 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: BENEFICIAL CONSUMER DISCOUNT CO. DB/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA 4910 Carlisle Pike, Suite 104, Hampden Center Mechanicsburg, PA 17050 BENEFICIAL CONSUMER DISCOUNT CO. 961 Weigel Drive Elmhurst, IL 60126 BENEFICIAL CONSUMER DISCOUNT CO P.O. Box 9068 Brandon, FL 33509 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 26 White Oak Boulevard Mechanicsburg, PA 17050 (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: August 11, 2008 1.41 -k--1.i1/1 GOL BECK MCCAFFERTY & McKEE'VER ?- BY: Michael T. McKeever, Esq. Attorney for Plaintiff ?r 08-3927 GOLDBECK WCAFFERTY & 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 WM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff VS. THOMAS A. DE BELLO CARMEN N. DE BELLO Mortgagor(s) and Record Owner(s) 26 White Oak. Boulevard Mechanicsburg, PA 17050 Defendant(s Term No. 08-3927 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: DE BELLO, CARMEN N. CARMEN N. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 Your house at 26 White Oak Boulevard, Mechanicsburg, PA 17050 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 $215,419.24 obtained by WM SPECIALTY MORTGAGE LLC 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: 08-3927 1. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 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 08-3927 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 hLtp://www.phfa.org/consumers/homeowners/real.aVx. 5). Call the Plaintiff (your lender) at 800-211-6926 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 homeretentionkgoldbecklaw.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 6578217C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 08-3927 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 WM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff VS. THOMAS A. DE BELLO CARMEN N. DE BELLO Mortgagor(s) and Record Owner(s) 26 White Oak Boulevard Mechanicsburg, PA 17050 Defendant(s Term No. 08-3927 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: DE BELLO, THOMAS A. THOMAS A. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 Your house at 26 White Oak Boulevard, Mechanicsburg, PA 17050 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 $215,419.24 obtained by WM SPECIALTY MORTGAGE LLC 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: 08-3927 1. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311. 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 08-3927 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_oy 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 htti)://www.phfa.org/conswners/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 800-211-6926 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 65782FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, as set forth on a Final Subdivision Plan for Trindle Spring Development, Section One, Trindle Spring Development Company, as prepared by Robert G. Hartman, Jr., P.E., R.S., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 58, Pagel5 and more particularly described as follows: BEGINNING at a point on the North side of White Oak Boulevard, said point being also a distance of 85.00 feet Southerly of the intersection of the South side of Sycamore Drive and the North side of White Oak Boulevard; thence by the North side of White Oak Boulevard, South 30 degrees, 47 minutes, 49 seconds West, a distance of 80.00 feet to a point at Lot No. 135; thence by same, North 59 degrees, 12 minutes, 11 seconds West, a distance of 140.00 feet to a point at Lot No. 144; thence by same and Lot No. 145, North 30 degrees, 47 minutes, 49 seconds East, a distance of 80.00 feet to a point at Lot No. 133; thence by same, South 59 degrees, 12 minutes, 11 seconds East, a distance of 140.00 feet to a point, the place of BEGINNING. BEING LOT NO. 134 on the aforementioned Final Subdivision Plan for Trindle Spring Development, Section One, Trindle Spring Development Company, and containing 11,200 square feet, more or less. TAX Parcel #38-21-0291-079 MUNICIPALITY: SILVER SPRING TOWNSHIP PROPERTY ADDRESS: 26 WHITE OAK BOULEVARD, MECHANICSBURG, PA 17050 WRIT OF EXECUTION and/or ATTACHMENT CQMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3927 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC, Plaintiff (s) From THOMAS A. DE BELLO & CARMEN N. DE BELLO (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 $215,419.24 L.L.$ 0.50 Interest from 8/12/08 to Date of Sale per diem at $44.26 Atty's Comm % Due Prothy $2.00 Atty Paid $173.00 Other Costs to be added Plaintiff Paid Date: 8/12/08 alk Prothonota (Seal) By: REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MAKRET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court ID No. 56129 ?u a?tas a ls'a po-d T ot ?, :X g 8002 `8Z jsn'8nV :alliaQ •uta.taq palwodioaui 0au0103aa stgj Xq puu ztm SIT TIM pait3 ,, v ,, ;jgjqxa uo paquasap Atinj aaout 2mgsatu13g3aW`'pAig 3WO QjjjiM 9Z sL pazaqutnu PUB unnou}I yd `f4unoo puBiaaqumZ)`dtgsunnos 2uudS .units puapp ut palsn4ts ado d jew a ut 1swalut s,um aqp uodn pajnai jjjxagS ate 8002 18Z jsany uO SS#a18S agPOX KML LAW GROUP, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff VS. THOMAS A. DE BELLO CARMEN N. DE BELLO (Mortgagor(s) and Record owner(s)) 26 White Oak Boulevard Mechanicsburg, PA 17050 Defendant(s) ,ILLii-CFF HE Pf?0 THONO TAR '1' 201-411AR 12 All 10: 24 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS of Cumberland County No. 08-3927 PRAECLPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate the judgment upon payment of your costs only. By: KML KML W GROUP, P.C. chael McKeever Pa. ID 56129 ay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Thomas Puleo Pa. ID 27615 David Fein Pa. ID 82628 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello, Attorney ID 313897 Attorneys for Plaintiff alvd q,56))(10, a Pi -Wnqj "p4- goa.gga KML LAW GROUP, P.C. SUITE 5000 - BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF WM SPECIALTY MORTGAGE LLC Plaintiff VS. THOMAS A. DE BELLO CARMEN N. DE BELLO (Mortgagor(s) and Record Owner(s)) Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-3927 CERTIFICATE OF SERVICE Angela M. Smith , hereby certifies that he/she did serve true and correct copies of Praecipe to Vacate Judgment and all supporting papers attached hereto upon Defendant, by first -10-// class mail, postage pre-paid, on THOMAS A. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 CARMEN N. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 By: KML LA GROUP, P.C. Angela M. Smith , Legal Assistant asmith@kmllawgroup.com 215-825-6325 (Direct Phone) KML LAW GROUP, P.C. Suite 5000 — BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 -1532 215- 627 -1322 t - ;, - -3 - Ur t !C, E Li: THE PRO i"HONOTAffr 2014 FAR 12 10: 25 CUMBERLAND CO ANIA WM SPECIALTY MORTGAGE LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. THOMAS A. DE BELLO CARMEN N. DE BELLO (Mortgagor(s) and Record owner(s)) 26 White Oak Boulevard Mechanicsburg, PA 17050 Defendant(s) I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08 -3927 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended without prejudice upon payment of your costs only. KML LAW GROUP, P.C. F/K/A GOLDBECK McCAFFERTY & McKEEVER Bv: ichael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Thomas Puleo Pa. ID 27615 David Fein Pa. ID 82628 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello, Attorney ID 313897 Attorneys for Plaintiff KML LAW GROUP, P.C. Suite 5000 — BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627 -1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC Plaintiff vs. THOMAS A. DE BELLO CARMEN N. DE BELLO (Mortgagor(s) and Record Owner(s)) Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08 -3927 CERTIFICATE OF SERVICE Angela M. Smith , hereby certifies that he /she-did serve true and correct copies of Praecipe to Discontinue and End and all supporting papers attached hereto upon Defendant, by first class �( -7 mail, postage pre -paid, on j — / c/ / THOMAS A. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 CARMEN N. DE BELLO 26 White Oak Boulevard Mechanicsburg, PA 17050 KML LAW GROUP, P.C. F/K/A GOLDBECK McCAFFERT McKEEVER B An a M. Smith , Legal Assistant asmith @kmllawgroup.com 215- 825 -6325 (Direct Phone)