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HomeMy WebLinkAbout08-4363GOLDBECK McCAFFERTY ER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF WM SPECIALTY MORTGAGE, LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff VS. STEVEN A. GRIFFITH TRACY L. GRIFFTTH Mortgagors and Real Owners 618 West Louther Street Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term C?tYI -Pvni No. 0 d' - 1131/3 CIVIL ACTION: MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICfPACION. ENTONCES, LA COUTE PUEDE, SIN NOTI;F'ICARIO, DECIDIR A FAVOR 1 - ? Y REQUERIRA QUE USTED; LAS-PROVISIONES - ` D&E?IMANDA. POR RAZON DE ESA DECISI SIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. 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 ho://www.nhfa.or?1consumers/homeowners/realasnx. 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 homeretentionCc?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 69664FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is WM SPECIALTY MORTGAGE, LLC, 10801 6th Street, Suite 130, Rancho Cucamonga, CA 91730. 2. The names and addresses of the Defendants are STEVEN A. GRIFFITH, 618 West Louther Street, Carlisle, PA 17013 and TRACY L. GRIFFITH, 618 West Louther Street, Carlisle, PA 17013, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On August 21, 2004 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 1880, Page 2278. The mortgage has been assigned to: WM SPECIALTY MORTGAGE, LLC by assignment of Mortgage February 01, 2006 as Book 714, Page 2572. 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 May 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 ..................................................................................$140,497.53 Interest from 04/01/2008 through 07/31/2008 at 9.9900% ................... ..$4,682.36 Per Diem interest rate at $38.38 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$7,024.88 Late Charges from 05/01/2008 to 07/31/2008 .............................................$226.92 Monthly late charge amount at $75.64 Costs of suit and Title Search ......................................................................$900.00 Fees ................................................................................................................$27.00 Suspense ...................................................................................................$1,430.78 Monthly Escrow amount $446.64 $151,927.91 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgmen 1 liability (or an "in personam" judgment+? 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 Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $151,927.91, together with interest at the rate of $38.38, 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. s,-MajTmr1ooua1 j 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: July 16th , 2008 2 'K? Shakila Rehman CM RESIDENTIAL LENDING, INC. 0088985569 STEVEN A. GRIFFITH and TRACY L. GRIFFITH ExhibitA PROPERTY DESCRYMON The land referred to In this Commitment is described as follows: ALL the following two tracts or parcels of land situate in the Borough of CarNsle, County of Cumberland and State of Pennsylvania more particularly bounded and described as follows: TRACT ONE: On the North by West Louther Street on the East by property formerly of Mabel Grace Wheattield, on the South by an alley, on the West by property formerly of John Lindemer, Containing Wenty4lve (26) 140 six (6( inures, more or less, in depth to said alley on the South. TRACT TWO: On the North by West Loudw Street on the West by land late of Ida P. Apgar, on the South by a 12 foot alley, and on the West by lands formerly of John Lindner, Containing twenty-five (25) feet in front of said West Louther Stmt, and extending at an even width in depth one hundred twenty (120) feet tot he aforementioned alley. Parcel #50-20-1796-226 FOR INFORMATIONAL PURPOSES ONLY: Cumberland County has this property assessed as 61 a West Louther Street 1 Certify this to be recorded to Cumberland County PA Recorder of Deeds BK 1-88OPG22.94 ?hibit 0 Citi Residential Lending P.O. Box 11000 Santa Ana, CA 92711-1000 3BWNKZZS STEVEN A GRIFFITH TRACY L GRIFFITH 618 WEST LOUTHER STREET CARLISLE, PA 17013-2214 tv)m May 23, 2006 ACT 91 NOTICE c00.W*lk l l TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE "ISO: Este documerhto explica como los propietarios de casas pueden evitar perder sus hogares debido a demoras de pagos. Para informacibn en espailol (lame a su prestamista. STATEMENTS OF POLICY Loan Number: 0088985569 Property Address: 618 WEST LOUTHER STREET, CARLISLE PA, 17013 Original Lender: Citi Residential Lending Current LendedServicer: Chi 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 notioe that the mortgage on your home is in default, and the lender Intends to foreolose. Specific Information about the nsture of the default Is provided in the attached i=ea. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to sane your home This Notice explains how the program works. To see if HEMAP can help. You must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agarhoy. This Notice oontsirw important legal information. M you have any questions, representatives at the Consumer Credit Counseling Agenoy 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 IMPORTANCIA, 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 ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: s IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, s IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND : IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE --Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS CONSUMER CREDIT COUNSELING AGENCIES --If you meet with one of the consumer credit counseling agg listed at the end of this notiee the larder may NOT take action against you for thidy (3WdMm alter the date of this meetiog The niames. addresses and taleonne numbers of ' naiad consumer cradit gounsaft agmies for the county in which the p=rly is located are set forth at the and of this Notice. It is only necessary to schedule one face- lo-face meeting. Advise your lender imrlediatsbr of your intentions. APPLICATION FOR MORTGAGE ASSISTANC -Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies hms applications for the program and they will assist you in submitting a complete appiical Ion to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (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. ¦owrren.. 44 May 23, 2008 Loan Number: 0088985569 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 bankruptoy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date]. NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at: 618 WEST LOUTHER STREET, CARLISLE, PA 17013 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: 05/01106 thru 05/01108 Minimum Payments plus late charge or other fees: $1550.23 Minimum Amount to Cure Default: $1550.23 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use If riot apoNoable):fWA HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (3D) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1560.23 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (3D) DAY PERIOD. Pays must be made either by cash, cashier's check, certified check or money order made payable and sent to: Citi Residential Lending P.O. Box 5928 Carol Stream, IL 80197-59t2B 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 amAlcable.) WA IF YOU DO NOT CURE THE DEFAULT --If you do not cure the default within TH IRTY (30) DAYS of the date of this Notice, the lender Intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in mouthy 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 toforectose upon your mortgagW FropKly. IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fee actually incurred by the lender even If they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to Pay attornmy's fees. OTHER a KhCM: oaur:rnL3 _ 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 um to one hour before the Sheriff`s Sale You mays paying 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 SherWs Sale as specified in writing by the lender and by pakrming any other requirements under the mortyggg. Curing your default in the manner set forth in this notlos will restore your mortgage to the sane position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-- it is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (8) MONTHS from the dale of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACTTHE LENDER: Citi Residential Lending PO Box 11000 Santa Ana, CA 52711-1000 Phone Number 800-430-5282 Fax Number 714-347-5037 EFFECT OF SHERIFF'S SALE --You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE --You_ mayor 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 Im 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: z TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. s 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.) s TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, s TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. s 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 Housing Counseling Agency in your area by calling Toll-free (800) 585-4287 or TOD (800) 87748335. Citi Residential Lending Cc: Citi Residential Lending Attn: Collections Department Loan Number: 0088985569 Mailed by lot Class Mail and by Certified Mail Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg PA 17110 1-800-342-2397 APAOGINRN2-06 Case Number: 65163 Attorney File#: 65163FC Loan #: 1420310383 County: Delaware Property: 42 South Maple Avenue,, Lansdowne, PA 19050 Defendant: FORMAN, NOLAN Barcode Date: 07/18/2008 Barcode Time: 8:42AM Barcode Printed By: Iremaley ITask ID Document f T e ID 11111 Document Type ScannelM1111 Task: Assignment Sent for Recording Comments: FTCM GOLDBECK McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 W W W.GOLDRECKLAW.COM (215) 627-1322 FAx (215) 627-7734 July 18, 2008 DELAWARE COUNTY RECORDER OF DEEDS Government Centre Building 201 West Front St. Media, PA 19063 Re: Document Recording - FORMAN Dear Sir or Madam: Kindly record the Assignment of Mortgage with reference to the above captioned matter and return the original in the enclosed self-addressed, stamped envelope. I have enclosed herewith my check in the amount of $53.00. JR. JAG/lr Enc. Very truly yours, Prepared By and Return To: Beth Gradel GOLDBECK McCAFFERTY & McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 1420310383 GMM File Number: 65163FC ParcelID#: 23-00-02071-00 ASSIGNMENT OF MORTGAGE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FREMONT INVESMENT AND LOAN (Assignor), for and inconsideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to CITIGROUP GLOBAL MARKETS REALTY CORPORATION. CITIGROUP GLOBAL MARKETS REALTY CORPORATION (Assignee), all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed NOLAN FORMAN, Mortgagor(s); to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FREMONT INVESMENT AND LOAN. Bearing date of. August 02, 2006; Amount Secured: $63,750.00; Recorded on; September 29, 2006; in Book 3919, Page 1948; in the Recorder of Deeds Office of Delaware County, Commonwealth of Pennsylvania ("Mortgage") Property: 42 South Maple Avenue, Lansdowne,PA 19050 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee,("Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, by its a propriate corpor to officers, has executed and sealed with its corporate seal this Assignment of Mortgage on this ? day of , 2008. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FREMONT R4VESMENT AND LOAN eJg1 A Notary Public My commission expires: I hereby certify the address of the Assignee is: 2 Corporate Drive, Suite 300, Shelton,CT 06484 ??\?sv sOc y N 0'1 i : g 1420310383 Case #: 65163FC (Affix Corporate Seal) Name: Robin Buskirk Title: Vi President (SEAL) Name: dy H&W Title: Vice President ss: STATE OF ??1 ) COUNTY OF Off QJ 0 ) BE IT REMEMBERED, that on this day of 2008, before me, the subscriber, a Notary Public person ly r in horln Buskirk Vice President (M(A that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue of a Resolution of its Board of Directors. ,?,?? ,, ? k G? ??E??J? ,? '?y r v . O y ?I? ? : O ? ?y,, ht)t"?? i ',,1y. Apr, 4. 2008 3: 36PM No. 4838 P. 22 Page S of S Order No; PH2140WO ?$:. Rahr.nc. Noe Schedule C D.sadpdon and Roaltsl ALL THAT CERTAIN lot or piece of ground, with the raessffape or tanernent thereof eroded SITUATE M the Boough of t.amdowne, County of Delewera and Commonwasm of Permsylvanis and bomW and daubed aooording to a Survey Owed Made 2M211923 by Damon and Faster, CiMtI Engineers. M tbkows, to II:- BEGINNING at a point on iho Easawly WO of Mple Avenue st the t Mwm of 223.45 het Nortffwardgr tun ft Nor0wraalery oomar of amid Woe Amm and Hyack Avenue; thom South 79 degrees 15 minder arulaa34 103.8411W b o pokft in Milne of land: nor or fete of Jahn P. 9chspp•t thnaoe NoM 13 degnese nt aaoords West 15.46 hat to 0 p ft hum by the prenfisoes lest above rim m Ibed NoM 70 degreaa 15 rnlmiles &M and though the middle of a party ad 104.11 het to the aid Vftslorly 3lde of Mepde Avenue (ermneouey oWW Nyack At UM by tomner Oseq lhanoe by the same South 12 dogNm 16 ff*M a Esd 15.45 feet 10 the {'' first merftioned point aM place of be?nning, BEII+Ki No. 42 South Maple Avme. Bei% FoKo?i-00.1]2071.00 Be" the some premises which Cil}zerrs Bank of Pannaybwft by Deed dated June 1, 2004 and reoaded June 22, 2004 in Delaware Gafmty in Vol 3213 Page 601 cQrwoW unto Tbomas J. Galva, in fee. `.4 l• f .: 200MI374 Page: 1142.00 CIO r 1J J t ., ?l r ? ^ y a _ W "Z ? ? I SHERIFF'S RETURN - REGULAR t / 1% CASE NO: 2008-04363 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS GRIFFITH STEVEN 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 GRIFFITH STEVEN A the DEFENDANT at 0020:30 HOURS, on the 23rd day of July , 2008 at 618 WEST LOUTHER STREET CARLISLE, PA 17013 by handing to TRACY L GRIFFITH ADULT IN CHARGE 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 5.00 Affidavit .00 Surcharge 10.00 00 '71,26-1o 8 ?. 33 .0 0 Sworn and Subscibed to before me this day of , So Answers: - X-1 , T as in 07/24/2008 GOLDBECK MCCAFFERTY & MCKEEVER By. 71ut-?, Sheriff A.D. I a p. CASE NO: 2008-04363 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS GRIFFITH STEVEN A ET AL TIMOTHY REITZ Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRIFFITH TRACY L the DEFENDANT , at 0020:30 HOURS, on the 23rd day of July , 2008 at 618 WEST LOUTHER STREET CARLISLE, PA 17013 by handing to TRACY L GRIFFITH 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 RETURN - REGULAR Sheriff or Deputy Sheriff of Sheriff's Costs: Docketing Service Affidavit Surcharge 7,?floI (?, 6.00 .00 .00 10.00 .00 16.00 So Answers: Sworn and Subscibed to before me this day .Thomas ine 07/24/2008 GOLDBECK MCCAFFERTY & MCKEEVER By -?zf'- Dep/1 y Sherif of 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH (Mortgagor(s) and Record Owner(s)) 618 West Louther Street Carlisle, PA 17013 Plaintiff Defendant(s) PRAECIPE FOR JUDGMENT No. 08-4363 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 STEVEN A. GRIFFITH and TRACY L. GRIFFITH by default for want of an Answer. Assess damages as follows: Debt Interest from 08/29/2008 to Date of Sale per diem at $38.38 Total (Assessment of Damages attached) $153,524.83 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 Mic ael T. McKeever Attorney for Plaintiff I.D. #56129 AND NOW a Judgment is entered in favor of WM SPECIALTY MORTGAGE, L16 and against STEVEN A. GRIFFITH and TRACY L. GRIFFITH by default for want of an Answer and damages assessed in the sum of $153,524.83 as per the above certification. S r onotary '0 led 69664FC 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: August 13, 2008 TO: STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 WM SPECIALTY MORTGAGE, LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Vs. STEVEN A. GRIFFITH TRACY L. GRIFFITH (Mortgagor(s) and Record Owner(s)) 618 West Louther Street Carlisle, PA 17013 TO: STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Plaintiff Action of Mortgage Foreclosure Term No. 08-4363 Defendant(s) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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 69664FC 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: August 13, 2008 TO: TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 WM SPECIALTY MORTGAGE, LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 VS. STEVEN A. GRIFFITH TRACY L. GRIFFITH (Mortgagor(s) and Record Owner(s)) 618 West Louther Street Carlisle, PA 17013 TO: TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Plaintiff Action of Mortgage Foreclosure Term No. 08-4363 Defendant(s) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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, STEVEN A. GRIFFITH, is about unknown years of age, that Defendant's last known residence is 618 West Louther Street Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the-provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: U qg Ug 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, TRACY L. GRIFFITH, is about unknown years of age, that Defendant's last known residence is 618 West Louther Street Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: g1zlegg 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH (Mortgagor(s) and Record owner(s)) 618 West Louther Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 08-4363 ORDER FOR JUDGMENT Please enter Judgment in favor of WM SPECIALTY MORTGAGE, LLC, and against STEVEN A. GRIFFITH and TRACY L. GRIFFITH 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 $153,524.83. 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 STEVEN A. GRIFFITH, 618 West Louther Street Carlisle, PA 17013 and TRACY L. GRIFFITH, 618 West Louther Street Carlisle, PA 17013; GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff A ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 04/01/2008 through 08/28/2008 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 1 X $446.64 Fees Suspense $140,497.53 $5,757.00 $7,024.88 $302.56 $900.00 $446.64 $27.00 -$1,430.78 $153,524.83 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff AND NOW, this aq* day of , 2008 damages are assessed as above. s r Proth"y Dlrg -ts- ? ? ? ?'=' ? ? ? R-' 1 } ` x" c? -n t?71 oo?` .? N `;?? -r m r ? r- ? '_, r?"a ' ? J 'i? t _?i ? t ::a» ?"7 ? i°tl _? r.? -?C 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH (Mortgagors and Record Owner(s)) 618 West Louther Street Carlisle, PA 17013 Defendant(s) No. 08-4363 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 m tter has been qtdagainstvou. /s ,2. Curt Long pKg Prothonotary By: Deputy 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 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-4363 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 08/29/2008 to Date of Sale per diem at $38.38 (Costs to be added) $153,524.83 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff z ? o w a Q x H ? ? o Ha, wyyw °,?? O oo C > p .a a O a? Q w 4M4 6 H z?%3 o 00 U w O U W H ?? W W Con `r' o U a La Q g \r c, Y r 'D ?v U N > D4 ?VlQM W w ~ ? ? N H y .. x 0 C1 O ?N ?Q ?Q a 0 b o Q C7 4 31 CY The land referred to in this Commitment is described as follows: ALL the following two tracts or parcels of land situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania more particularly bounded and described as follows: TRACT ONE: On the North by West Louther Street; on the East by property formerly of Mabel Grace Wheatfield, on the South by an alley; on the West by property formerly of John Lindemen Containing twenty-five (25) feet six (6) inches, more or less, in depth to said alley on the South. TRACT TWO: On the North by West Louther Street on the West by land late of Ida P. Apgar; on the South by a 12 foot alley; and on the West by lands formerly of John Lindner; Containing twenty-five (25) feet in front of said West Louther Street, and extending at an even width in depth one hundred twenty (120) feet to the aforementioned alley. Parcel #50-20-1796-226 FOR INFORMATIONAL PURPOSES ONLY: Cumberland County has this property assessed as 618 West Louther Street Borough of Carlisle .. if 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH (Mortgagor(s) and Record Owner(s)) 618 West Louther Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-4363 AFFIDAVIT PURSUANT TO RULE 3129 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: 618 West Louther Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 DICKINSON COLLEGE Dickinson College Post Office Box 1773 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 WM SPECIALTY MORTGAGE 505 City Parkway West, Suite 100 Orange, CA 92868 4. Name and address of the last recorded holder of every mortgage of record: RICHARD B. STEFFY 346 Veterans Way Elliottsburg, PA 17024 DANA H. STEFFY 346 Veterans Way Elliottsburg, PA 17024 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 618 West Louther Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to 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: August 28, 2008 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff ? N a C7 na ?? 1r 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 IN THE COURT OF Rancho Cucamonga, CA 91730 COMMON PLEAS Plaintiff vs. of Cumberland County STEVEN A. GRIFFITH CIVIL ACTION - LAW TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) ACTION OF 618 West Louther Street MORTGAGE FORECLOSURE Carlisle, PA 17013 Defendant(s) NO. 08-4363 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Michael T. McKeever Attorney for plaintiff ? r? ?~, ? =n ?_ ? _? -. ..? ?. t --. .? ... ^- 08-4363 r WM SPECIALTY MORTGAGE, LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 Defendant(s Term No. 08-4363 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: GRIFFITH, STEVEN A. STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 Your house at 618 West Louther Street, Carlisle, PA 17013 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 $153,524.83 obtained by WM SPECIALTY MORTGAGE, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 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 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: e 08-4363 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 08-4363 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 hItp://www.phfa.orp-/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@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 69664FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 08-4363 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 Defendant(s; Term No. 08-4363 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: GRIFFITH, TRACY L. TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 Your house at 618 West Louther Street, Carlisle, PA 17013 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 $153,524.83 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: e 08-4363 1. The sale will be cancelled if you pay to '%'M 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 e' 08-4363 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 homeretentionngoldbecklaw.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 69664FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N0084363 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 STEVEN A GRIFFITH TRACY L GRIFFITH (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 $153,524.83 L.L.$0.50 Interest FROM 08/29/2008 TO DATE OF SALE PER DIEM AT $38.38 Atty's Comm % Atty Paid $168.00 Plaintiff Paid Date: August 29, 2008 (Seal) Due Prothy $2.00 Other Costs C s R. Long, Prothonot ry By: L Deputy REQUESTING PARTY: Name MICHAEL T MCKEEVER ESQ 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 19106-1532 215-627-1322 69664FC CF: 07/21/2008 SD: 12/10/2008 $153,524.83 WM SPECIALTY MORTGAGE, LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff VS. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 08-4363 Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: (WI /a 0/06 Personal Service by the Sheriff s Office/ ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Respectfully submitted, `d, BY: Michael T. McKeever, Esquire Attorney for Plaintiff C ao m ao M N 01 0 CW00 ?s ?N 4 0 N WW Q ?S1 O O C 60 c? m ? r E? 9.111 9 8 m 0 a a ' 0 _ ? Z ? 79? 'L R m LL N ?? W d 3 a) ° i 00?? LL E .wog o Wm 0 'm 5w C- v? , Ocn co ??: to .. CO w r- w M -i O am F- v >- LL v zg 9 C2 w O ti g: _j Z lA , r } ?" F- F- 3t N r LL - M Uso t? v ?d OU°o ?U? a U rm ? ?a O s to ono ? F- m 0- Nc 0c? zr? c Q?c a,? W Wa may, 0L° ,; °? _?? q-'a m m 2?I w OOOm Y V eon y ?V g? rn ?> a Uco Q t Q v oc)a0 000. Q 3 amx = ?,° L ; ?CO o O w Foci S 7 F W z 0 Jxa cn Q YOwa O 04 Moog) cj o? LLI g Z O C) S r r N M cr L6 (D C7 CA r- d r--: 00 O M C r N IL m y C m d C O O ? a a C o 3 E 00 3 ° v o '6 O w a ? r a m t 2 F - m LL LL a C7 a N J O C ?. o U U E a v z' coo N F- E U LL R c? a Q ?? M U LLLL W ? ?i U. CO W o 9 m m c H WM Specialty Mortgage, LLC In The Court of Common Pleas of VS Cumberland County, Pennsylvania Steven A. Griffith and Tracy L. Griffith Writ No. 20084363 Civil Term &144 #M) Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2008 at 1425 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Steven A. Griffith and Tracy L. Griffith, by making known unto Steven A. Griffith, personally and husband of Tracy L. Griffith, at 618 West Louther Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2008 at 10 15 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 Steven A. Griffith and Tracy L. Griffith, located at 618 West Louther Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Steven A. Griffith and Tracy L. Griffith, by regular mail to their last known address of 618 West Louther Street, Carlisle, PA 17013. These letters were mailed under the date of October 7, 2008 and never returned to the Sheriffs Office. So Answers- e??- ?0? R. Thomas Kline, Sheriff BY Real Estate ergeant GOLDBECK McCAFFERTY & MCKEEVER BY! Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff WM SPECIALTY MORTGAGE, LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 Defendant(s) Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-4363 AFFIDAVIT PURSUANT TO RULE 3129 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: 618 West Louther Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 t 3. Dame and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: WM SPECIALTY MORTGAGE 505 City Parkway West, Suite 100 Orange, CA 92868 DICKINSON COLLEGE Dickinson College Post Office Box 1773 Carlisle, PA 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: RICHARD B. STEFFY 346 Veterans Way Elliottsburg, PA 17024 DANA H. STEFFY 346 Veterans Way Elliottsburg, PA 17024 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 618 West Louther Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to 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: November 7, 2008 GOLDBECK McCAFFERTY & Mc CKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff C3 co 43+.D W - ??3 t "?t.J r a WM Specialty Mortgage, LLC In The Court of Common Pleas of VS Cumberland County, Pennsylvania Steven A. Griffith and Tracy L. Griffith Writ No. 2008-4363 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2008 at 1425 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Steven A. Griffith and Tracy L. Griffith, by making known unto Steven A. Griffith, personally and husband of Tracy L. Griffith, at 618 West Louther Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2008 at 10 15 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 Steven A. Griffith and Tracy L. Griffith, located at 618 West Louther Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Steven A. Griffith and Tracy L. Griffith, by regular mail to their last known address of 618 West Louther Street, Carlisle, PA 17013. These letters were 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 Michael McKeever. Sheriff's Costs: Docketing 30.00 Poundage 17.30 Posting Handbills 30.00 Advertising 30.00 Law Library .50 Prothonotary 2.00 Mileage 10.00 Levy 30.00 Surcharge 40.00 Postpone Sale 20.00 Law Journal 355.00 Patriot News 302.66 Share of Bills 14.92 38 ? zJzs?aq 882 , $ . So Answers: 'Z R. Thomas Kline, Sheriff 4er BY Realeant L j3© ?a1?74 r ? y E, LA- LL C N Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.O. #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. Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW STEVEN A. GRIFFITH TRACY L. GRIFFITH (Mortgagor(s) and Record Owner(s)) ACTION OF MORTGAGE FORECLOSURE 618 West Louther Street Carlisle, PA 17013 Defendant(s) No. 08-4363 AFFIDAVIT PURSUANT TO RULE 3129 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: 618 West Louther Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 DICKINSON COLLEGE Dickinson College Post Office Box 1773 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 WM SPECIALTY MORTGAGE 505 City Parkway West, Suite 100 Orange, CA 92868 4. Name and address of the last recorded holder of every mortgage of record: RICHARD B. STEFFY 346 Veterans Way Elliottsburg, PA 17024 DANA H. STEFFY 346 Veterans Way Elliottsburg, PA 17024 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 618 West Louther Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to 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: August 28, 2008 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff 08-4363 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 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW VS. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Defendant(s Term No. 08-4363 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: GRIFFITH, STEVEN A. STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 Your house at 618 West Louther Street, Carlisle, PA 17013 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 $153,524.83 obtained by WM SPECIALTY MORTGAGE, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 08-4363 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 08-4363 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.orWconsumers/homeowners/real.asl2x. 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@goldbecklaw.corn. 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 69664FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 08-4363 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 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Defendants Term No. 08-4363 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: GRIFFITH, TRACY L. TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 Your house at 618 West Louther Street, Carlisle, PA 17013 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 $153,524.83 obtained by WM SPECIALTY MORTGAGE, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 08-4363 1. The sale will be cancelled if you pay to '%'M 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 08-4363 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 bZ://www.phfa.org 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 homeretentionagoldbecklaw.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 69664FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 618 West Louther Street Carlisle, PA 17013 SOLD as the property of STEVEN A. GRIFFITH and TRACY L. GRIFFITH TAX PARCEL #60-20-1796-226 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N0084363 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 STEVEN A GRIFFITH TRACY L GRIFFITH (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 $153,524.83 L.L.$0.50 Interest FROM 08/29/2008 TO DATE OF SALE PER DIEM AT $3838 Atty's Comm % Atty Paid $168.00 Plaintiff Paid Date: August 29, 2008 (Seal) Due Prothy $2.00 Other Costs Cuirfis R. Long, Prothonotary By: C). '411- - Ci -! arn.. 22? Deputy REQUESTING PARTY: Name MICHAEL T MCKEEVER ESQ Address: SUITE 5000- MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA,PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale #70 On September 5, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Boron, Cumberland County, PA Known and numbered as f 18 West Louther St., Carlisle more fully described on Exhibit "A" filed with this writ and by this reference ?r incorporated herein. Date: September 5, 2048 By: Real Es ergeant 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 stamments as to time, place and character of publication are true. Marie Coyne, Editor SWORl?b AND SUBSCRIBED before me this 14 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28. 2010 1• left .?N& we Writ No. 2008-4363 Civil WM Specialty Mortgage, LLC VS. Steven A. Griffith and Tracy L. Griffith Atty.: Michael McKeever The land referred to in this Com- mitment is described as follows: ALL the following two tracts or parcels of land situate in the Borough. of Carlisle, County of Cumberland and State of Pennsylvania more particularly bounded and described as follows: TRACT OAFS: On the North by IMk Lewbw pct; on the fta by an Ow South by an may; Jam L'anta inin?ty- five (25) feet six (6) inches, more or less, in depth to said alley on the South. TRACT TWO: On the North by West Louther Street on the West by land late of Ida P. Apgar; on the South by a 12 foot alley; and on the West by lands formerly of John Lindner; Containing twenty-five (25) feet in front of said West Louther Street, and extending at an even width in depth one hundred twenty (120) feet to the aforementioned alley. Parcel #50-20-1796-226. FOR INFORMATIONAL PURPOS- ES ONLY: Cumberland County has this property assessed as 618 West Louther Street. Borough of Carlisle. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE c?he paffi* otiwNews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11/05/08 11/12/08 ......... . - ..r P"rf : ij? -w . ti. i ........ . Sworn to ar(d subscribed before n)6 thijM day of November, 2008 A. D. Notary Pu rimmm S" - of mw-*w-- !Vat" ftw 2 0, 2011 of Real Estdo Sale No. 70 Writ No. 20064=3 Civil Term WIM Speclalty Mortgage, LLC VS Steven A. Griffith and Ttacy L. Griffith Attonoey Michael MdKeever LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: ALL the following two tracts or parcels of land situate in the Borough of Carlisle, County of - 4mabadand 'aW SIM of Tenusylvania more rculrtlybotsde#Wda4tbed r;foim. TRACT OW- On tie Noah by West Lefler Street; on the East by pr+opaty famedy of Mabel Gram Wheatfield, on the South by an alley; on the West by property formerly of John Lindemen Containing twenty-five (25) feet six (6) inches, more or less, in depth to said alley on the South. TRACT TWO: On the North by West Louther Street on the West by land late of Ida P. Apgar; on the South by a 12 foot alley; and on the West by lands formerly of John Lindner, Containing twenty-five (25) feet in front of said West Louther Street, and extending at an even width in depth one hundred twenty (120) feet to the aforementioned alley. Parcel #5420-1796.226 FOR INFORMATIONAL PURPOSES ONLY Cumberland County has this property assessed as 618 West Lauber Street Borough of Carlisle WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-4363 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 STEVEN A. GRIFFITH AND TRACY L. GRIFFITH (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 $153,524.83 L.L. Interest FROM 8/29/2008 TO DATE OF SALE PER DIEM AT $38.38 Atty's Comm % Due Prothy $2.00 Atty Paid $1071.88 Other Costs TO BE ADDED Plaintiff Paid Date: 7/8/09 Curtis R. Lo dgotheonota (Seal) By: Deputy REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQ. Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 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 19106-1532 215-627-1322 Attorney for Plaintiff wivt NFLUTALTY MORTGAGE, LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-4363 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 8/29/2008 to Date of Sale per diem at $38.38 (Costs to be added) $153,524.83 - OffiC - GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff ? IZO ` \ Q v ' ? VO 0 J J o j ?+rJvo m ? \? no om ? f c5 i ? u z a w U 40 NO N 00 za N w wH °? w g W 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 WM SPECIALTY MORTGAGE, LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. STEVEN A. GRIFFITH TRACY L. GRIFFITH (Mortgagor(s) and Record Owner(s)) 618 West Louther Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-4363 AFFIDAVIT PURSUANT TO RULE 3129 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: 618 West Louther Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 WM SPECIALTY MORTGAGE 505 City Parkway West, Suite 100 Orange, CA 92868 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 DICKINSON COLLEGE Dickinson College Post Office Box 1773 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: RICHARD B. STEFFY 346 Veterans Way Elliottsburg, PA 17024 DANA H. STEFFY 346 Veterans Way Elliottsburg, PA 17024 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 618 West Louther Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to 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 unswotn falsification to authorities. DATED: June 24, 2009 AMIc GOL DBECK McCAFFERTYn ?KcEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff ? _.. ?ply J?'? - 4 . ^ '? ? ?; ?Y ?,j IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: STEVEN ANDREW GRIFFITH TRACY LYNN GRIFFITH Bk. No. 1:08-bk-04602 MDF Debtors CHASE HOME FINANCE, AS SERVICER FOR Chapter No. 13 THE MORTGAGEE OF RECORD Movant 11 U.S.C. §362 V. STEVEN ANDREW GRIFFITH TRACY LYNN GRIFFITH Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of CHASE HOME FINANCE, AS SERVICER FOR THE MORTGAGEE OF RECORD (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 618 WEST LOUTHER STREET, CARLISLE, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further; ORDERED that Rule 4001(a)(3) is not applicable and CHASE HOME FINANCE, AS SERVICER FOR THE MORTGAGEE OF RECORD may immediately enforce and implement this Order granting Relief from the automatic stay. By the Court, 7 ?/W I - a4 B p , judge (JG) 2*xs document is electronically signed and , filed on same data Dated: April 28, 2009 Case 1:08-bk-04602-MDF Doc 39 Filed 04/28/09 Entered 04/28/09 14:41:32 Desc Main Document Page 1 of 1 C, ?I 1 p 2009 4 9 ??'iu1 08-4363 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 Defendant(s,' Term No. 08-4363 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: GRIFFITH, STEVEN A. STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 Your house at 618 West Louther Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 09, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $153,524.83 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: 08-4363 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. 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 fmd 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. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.orwforeclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 08-4363 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.or2/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 69664FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. ?!' Wr 19.x' .r V?14i?, ,r \ FYI ? ?i 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 WM SPECIALTY MORTGAGE, LLC 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) NO. 08-4363 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. /Michael T. McKeever Attorney for plaintiff FIFE) J? Tc-f" .???ict?v 2009 JUL _8 r i 3: L 9 SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 618 West Louther Street Carlisle, PA 17013 SOLD as the property of STEVEN A. GRIFFITH and TRACY L. GRIFFITH TAX PARCEL #60-20-1796-226 2909 JU -u PA 3: 49 The land referred to in this Commitment is described as follows: ALL the following two tracts or parcels of land situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania more particularly bounded and described as follows: TRACT ONE: On the North by West Louther Street; on the East by property formerly of Mabel Grace Wheatfield, on the South by an alley; on the West by property formerly of John Lindemen Containing twenty-five (25) feet six (6) inches, more or less, in depth to said alley on the South. TRACT TWO: On the North by West Louther Street on the West by land late of Ida P. Apgar; on the South by a 12 foot alley; and on the West by lands formerly of John Lindner; Containing twenty-five (25) feet in front of said West Louther Street, and extending at an even width in depth one hundred twenty (120) feet to the aforementioned alley. Parcel #50-20-1796-226 FOR INFORMATIONAL PURPOSES ONLY: Cumberland County has this property assessed as 618 West Louther Street ?JLk1 OF THE 2009 ,1L -8 Ph 9 Sheriffs Office of Cumberland County R Thomas Kline FILFf ", ^!F 7 Jr- F ; 1''!k Y Sheriff ,?tie Ronny R Anderson :7 ?? r 23 r I E v1 2E g .? P i Chief Deputy vet ,?, L = Jody S Smith t a Civil Process Sergeant OFFICE C' ' hi '-ERI P F Edward L Schorpp Solicitor WM Specialty Mortgage LLC Case Number vs. 2008-4363 Steven A Griffith SHERIFF'S RETURN OF SERVICE 09/25/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states, this writ is returned STAYED, pei letter of instruction from Atty Michael McKeever. SHERIFF COST: $78.54 September 25, 2009 ./ J a 9/o 1 91-- ANSWERS, SO R THOMAS KLINE, S RIFF d )/a / 100, 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 WM SPECIALTY MORTGAGE, LLC 10801 6th Street IN THE COURT OF COMMON PLEAS Suite 130 Rancho Cucamonga, CA 91730 of Cumberland County Plaintiff vs. CIVIL ACTION - LAW STEVEN A. GRIFFITH TRACY L. GRIFFITH (Mortgagor(s) and Record Owner(s)) ACTION OF MORTGAGE FORECLOSURE 618 West Louther Street Carlisle, PA 17013 Defendant(s) No. 08-4363 AFFIDAVIT PURSUANT TO RULE 3129 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: 618 West Louther Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P:O. Box 2675 Harrisburg, PA 17105-2675 WM SPECIALTY MORTGAGE 505 City Parkway West, Suite 100 Orange, CA 92868 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 DICKINSON COLLEGE Dickinson College Post Office Box 1773 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: RICHARD B. STEFFY 346 Veterans Way Elliottsburg, PA 17024 DANA H. STEFFY 346 Veterans Way Elliottsburg, PA 17024 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 618 West Louther Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to 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 24, 2009 ff ?? #1 //'? (l1l./ GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff 08-4363 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. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 Defendant(s Term No. 08-4363 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: GRIFFITH, STEVEN A. STEVEN A. GRIFFITH 618 West Louther Street Carlisle, PA 17013 Your house at 618 West Louther Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 09, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $153,524.83 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: 08-4363 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 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. e/ 8. You may contact the Foreclosure Resource Center: hLtp://www.philadelphiafed.org/foreclosur YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 08-4363 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against -you, youiu still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website htlp://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 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 69664FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 08-4363 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 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW vs. STEVEN A. GRIFFITH TRACY L. GRIFFITH Mortgagor(s) and Record Owner(s) 618 West Louther Street Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Defendant(s; Term No. 08-4363 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: GRIFFITH, TRACY L. TRACY L. GRIFFITH 618 West Louther Street Carlisle, PA 17013 Your house at 618 West Louther Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 09, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $153,524.83 obtained by WM SPECIALTY MORTGAGE, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 08-4363 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. 8. You may contact the Foreclosure Resource Center: ho://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 08-4363 i Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hLtp://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 69664FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. The land referred to in this Commitment is described as follows: ALL the following two tracts or parcels of land situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania more particularly bounded and described as follows: TRACT ONE: On the North by West Louther Street; on the East by property formerly of Mabel Grace Wheatfield, on the South by an alley; on the West by property formerly of John Lindemen Containing twenty-five (25) feet six (6) inches, more or less, in depth to said alley on the South. TRACT TWO: On the North by West Louther Street on the West by land late of Ida P. Apgar; on the South by a 12 foot alley; and on the West by lands formerly of John Lindner; Containing twenty-five (25) feet in front of said West Louther Street, and extending at an even width in depth one hundred twenty (120) feet to the aforementioned alley. Parcel #50-20-1796-226 FOR INFORMATIONAL PURPOSES ONLY: Cumberland County has this property assessed as 618 West Louther Street WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-4363 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 STEVEN A. GRIFFITH AND TRACY L. GRIFFITH (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 $153,524.83 L.L. Interest FROM 8/29/2008 TO DATE OF SALE PER DIEM AT $38.38 Atty's Comm % Due Prothy $2.00 Atty Paid $1071.88 Other Costs TO BE ADDED Plaintiff Paid Date: 7/8/09 AvA urtis R. Long, eAf (Seal) By: Deputy REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQ. Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale # On August 19, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as, 618 West Louther Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 19, 2009. By: Rea a oordinator VV