HomeMy WebLinkAbout08-4803GOE,DBECK McCAFFERTY & McKEEVER
BY: MICHAEL T. MCKEEVER
ATTORNEY I.D. #56129
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
(866)413-2311
WWW.GOLDBECKLAW.COM
ATTORNEY FOR PLAINTIFF
WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC
2006-OPT3 TRUST, ABFC ASSET-BACKED
CERTIFICATES, SERIES 2006-OPT3
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
vs.
JIMMIE PHILLIPS
Mortgagor and Record Owner
131 Heron Way
Carlisle, PA 17013
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
CIVIL ACTION: MPRT&AGL
ROMECL? erm /?
No. p$ - 4903 Civt l
lim
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 PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A
FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES
DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER
DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA
PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, 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 httn://www.phfa orp-/consumers/homeowners/real aspx.
5). Call the Plaintiff (your lender) at 800-648-9605 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 homeretentionORoldbecklaw 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 68644FC.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ABFC
ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3, 6501 Irvine Center Drive, Irvine, CA 92618.
2. The names and addresses of the Defendant is JIMMIE PHILLIPS, 131 Heron Way, Carlisle, PA 17013,
who is the mortgagor and record owner of the mortgaged premises hereinafter described.
3. On July 28, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter
described to OPTION ONE MORTGAGE CORPORATION, which mortgage is recorded in the Office
of the Recorder of Deeds of Cumberland County as Book 1960, Page 1798. The mortgage has been
assigned to: WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ABFC
ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 by assignment of Mortgage July 01, 2008
and recorded on July 10, 2008 as Document #200823394. 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 April 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 .................................... ............$130,375.78
Interest from 03/01/2008 through 07/31/2008 at 12.3500% ..................... $6,748.82
Per Diem interest rate at $44.11
Reasonable Attorney's Fee at 5% of Principal Balance
as more fully explained in the next numbered paragraph ...................$6,518.79
Late Charges from 04/01/2008 to 07/31/2008 .............................................$581.22
Monthly late charge amount at $83.04
Costs of suit and Title Search ................
Escrow Advance ................... ................................................... .$900.00
...................................................................$1,275.97
Fees ................................................................................................................$79.27
Suspense .................................................................................................. -$1,188.25
Monthly Escrow amount $116.00
$145,291.60
7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less
than the amount demanded based on work actually performed. The Attorney's Fees requested are in
conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up
to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at
Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount
demanded in the Action.
8. Plaintiff is not seeking a judgment of personal liability (or an "ininpersonam" judgment) against the
Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such
right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding,
this diction of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that
was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to
Pennsylvania law.
9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s)
attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within
the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant
through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit
Counseling Agency.
WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $145,291.60,
together with interest at the rate of $44.11, per day and other expenses, costs and charges incurred by the
Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law
until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property.
By: 1 ?t
GOLDBECK McCAFFERTY & MCKEEVER
BY: MICHAEL T. MCKEEVER, ESQUIRE
ATTORNEY FOR PLAINTIFF
VERIFICATION
I, ,(A `? oM-e-S , as the officer of Option One Mortgage Corporation
as Attorney in Fact 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 unsworn falsification to authorities.
Date: <61' 00
Option One Mortgage Corporation
lnc l Ont-es -- IT
0022011761 JIMMIE PHILLIPS
E..x.hibit A
SCHEDULE C
LEGAL DESCRIPTION
Commitment Number: S100-484
File Number: S1004184
ALL THAT CERTAIN tract or parcel of land situate in the Township of North Middleton, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the western right-of-way line of Heron Way, at the northeast corner of Lot No. 14-C on
the hereinafter described Final Subdivision Plan; thence along then northern line of said Lot No. 14-C, North 54
degrees 45 minutes 52 seconds West, a distance of 125.00 feet to a point on the eastern line of land now or
formerly of Richard J. Kovatick; thence along the eastern line of said Kovalick land and continuing along land now
or formerly of Karen L. Chestnut, North 35 degrees 14 minutes 08 seconds East, a distance of 20.00 feet to a
point at the southwest comer of Lot No. 14-E on the hereinafter described Final Subdivision Plan; thence along
the southern line of said Lot No. 14-E, South 54 degrees 45 minutes 52 seconds East, a distance of 125.00 feet
to a point on the western right-of-way line of Heron Way; thence along the western right-of-way line of Heron
Way, South 35 degrees 14 minutes 08 seconds West, a distance of 20.00 feet to a point at the northeast comer of
Lot No. 14-C on the hereinafter described Final Subdivision Plan, the point and Place of BEGINNING.
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ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
LA NOTIFICACION EN ADJUSTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COPRENDE 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 PROBRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
s
FORECLOSURE
This Notice contains important legal information. If you have any questions, representatives at
the Consumer Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local bar association may be able to help you find a
lawyer.
February 21, 2008
Jimmie Phillips
131 Heron Way
Carlisle PA 17103
Homeowners Name: Jimmie Phillips
Property Address: 131 Heron Way, Carlisle PA 17103
Loan Account No.: 0022011761
Original Lender: OPTION ONE MORTGAGE CORPORATION
Current Lender/Servicer: Option One Mortgage Corporation
HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to
OP793 (Page 1 of 9)
E, 1-i
a temporary stay of foreclosure on your mortgage for thirty (30)
days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with one of the
designated consumer credit counseling agencies listed at the end
of this Notice.
THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this Notice,
the lender may NOT take action against you for thirty (30) days after
the date of this meeting. The names, addresses and telephone numbers
of designated consumer credit counseling agencies for the county in
which the property is located are set forth at the end of this Notice,
or you may find them by visiting the website at http://www.phfa.org/
applications/counseling_agencies.aspx. It is only necessary to
schedule one face-to-face meeting. Advise your lender immediately of
your intentions to schedule one face-to-face meeting.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default
for the reasons set forth later in this Notice (see following pages for
specific information about the nature of your default.) If you have
tried and are unable to resolve this problem with the lender, you have
the right to apply for financial assistance from the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will
assist you in submitting a complete application to the Pennsylvania
Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
(Page 2 of 9)
02793 016 R21
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO
OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND
YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance
are very limited. They will be disbursed by the Agency under the
eligibility criteria established by the Act. The Pennsylvania
Housing Finance Agency has sixty (60) days to make a decision after
it receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your
application.
(Page 3 of 9)
02794 013 R21
0
Re: Loan No. 0022011761
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy, you can still apply for
Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on
your property located at:
131 Heron Way, Carlisle PA 17103
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
(a) Monthly payments: 3 MONTHS @ $ 1,383.94
MONTHS @ $.00
(b) Previous late charges;
(c) Other charges; Escrow, Inspection,
NSF checks
(d) Other provisions of the mortgage obligation,
if any
(e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED
AS OF THIS DATE
$ 4151.82
$ 249.06
$ 21.49
$ 0.00
$ 4422.37
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not
applicable) :
OP795 (Page 4 of 9)
HOW TO CURE THE DEFAULT - You may cure the default within thirty (30)
days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE
TO THE LENDER WHICH IS $4422.37, PLUS ANY MORTGAGE PAYMENTS
AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Payments must be made either by cash, cashier's check, certified
check or money order made payable and sent to:
Overnight Mail Address Western Union Quick Collect
4600 Touchton Rd E Pay to: Option One Mortgage Corporation
Bldg 200 Ste 102 Code City: OptionJax, F1
Jacksonville, FL 32246
Mailstop: J1 CASH
You can cure any other default by taking the following action within
thirty (30) days of the date of this letter. (Do not use if not
(applicable.)
(Page 5 of 9)
OP795 022 R21
?L
Re: Loan No. 0022011761
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within
THIRTY (30) DAYS of the date of this Notice, the lender intends to
exercise its rights to accelerate the mortgage debt
This means that the entire outstanding balance of this debt will be
considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount
past due is not made within THIRTY (30) DAYS, the lender also intends
to instruct its attorneys to start legal action to foreclose upon your
mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be
sold by the Sheriff to pay off the mortgage debt. If the lender refers
your case to its attorneys, but you cure the delinquency before the
lender brings legal proceedings against you, you will still be required
to pay the reasonable attorney's fees that were actually incurred, up
to $50.00. However, if legal proceedings are started against you, you
will have to pay all reasonable attorney's fees actually incurred by the
lender even if they exceed $50.00. Any attorney's fees will be added to
the amount you owe the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY (30) DAY period, you
will not be required to pay attorney's fees
OTHER LENDER REMEDIES - The lender may also sue you personally for the
unpaid principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not
cured the default within the THIRTY (30) DAY period and foreclosure
proceedings have begun, you still have the right to cure the default
and prevent the sale at any time up to one hour before the Sheriff's
Sale. You may do so by payin the total amount then past due, plus
any late or other charges then due, reasonable attorney's fees and
costs connected with the foreclosure sale and any other costs
connected with the Sheriff's Sale as specified in writing by the
lender and by performing an other requirements under the mortgage.
OP796 (Page 6 of 9)
Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the
earliest date that such a Sheriff's Sale of the mortgaged property
could be held would be approximately (6) SIX Months from the date
of this Notice. A notice of the actual date of the Sheriff's Sale
will be sent to you before the sale. Of course, the amount needed
to cure the default will increase the longer you wait. You may find
out at any time exactly what the required payment or action will be
by contacting the lender.
(Page 7 of 9)
OP796 014 R21
r.
Re: Loan No. 0022011761
HOW TO CONTACT THE LENDER:
Name of Lender: Option One Mortgage Corporation
Address: 4600 Touchton Road East Bldg 200 Ste 102
Attn: Trivonda Porter, Sara Haliko and Selena Moore
Address: Jacksonville, FL 32246
Phone Number: 904-996-1730 or 1-800-326-1500 ext. 61730
Fax Number: 1-866-497-1263
Contact Persons: Trivonda Porter, Sara Haliko and Selena Moore
Office hours: Monday through Friday 8:00 a.m. to 5:00 p.m. EST
Email Address: PHFA@OOMC.com
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will
end your ownership of the mortgaged property and your right to occupy it.
If you continue to live in the property after the Sheriff's Sale, a
lawsuit to remove you and your furnishings and other belongings could
be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell
or transfer your home to a buyer or transferee who will assume the
mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the
other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT TO:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.)
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
OP797 (Page 8 of 9)
t
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE. THIS DOES NOT IMPLY THAT OPTION ONE IS
ATTEMPTING TO COLLECT MONEY FROM ANYONE WHOSE DEBT HAS BEEN
DISCHARGED UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES.
(Page 9 of 9)
OP797 035 R21
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04803 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK N A
VS
PHILLIPS JIMMIE
MICHELLE GUTSHALL
,ISheriff or Deputy Sheriff of
Cumberland County,Pennsylvania,lwho being duly sworn according to law,
says, the within COMPLAINT - MOST FORE was served upon
PHILLIPS JIMMIE
the
DEFENDANT
at 0008:29 HOURS, on the 16th day of August , 2008
at 131 HERON WAY
CARLISLE, PA 17013
JIMMIE PHILLIPS SR
a true and attested copy of
EFENDANT
by handing to
ILAINT - MORT FORE together with
and at the same time directing ?-is attention to the contents thereof.
i
Sheriff's Costs: So Answers:
Docketing
Service
Affidavit
9I'?I0% 18.00
5.00
.00
Surcharge po 10.00
00 R PThomas Kline
33.00 8/19/2008
tOLDBECK MCCAFFERTY & MCKEEVER
Sworn and Subscibed to By:
before me this day Deputy Sheriff
of
A.D.
f ~
In the Court of Common Pleas of Cumberland County
WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-
OPT3 TRUST, ABFC ASSET-BACKED CERTIFICATES,
SERIES 2006-OPT3
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
vs.
JIMMIE PHILLIPS
(Mortgagor(s) and Record Owner(s))
131 Heron Way
Carlisle, PA 17013
Defendant(s)
PRAECIPE FOR JUDGMENT
No.
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 JIMMIE PHILLIPS by default for want of an Answer.
Assess damages as follows:
Debt
Interest from 09/26/2008 to
Date of Sale per diem at $44.11
Total
(Assessment of Damages attached)
I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO
BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT.
I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment
is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the
filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1
Michael T. McKeever
Attorney for Plaintiff
I.D. #56129
AND NOW 1&.0 + Cac& 'ICOR , Judgment is entered in favor of
WELLS FARGO BANK, N.A., ASS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED
CERTIFICATES, SERIES 2006-OPT3 and against JIMMIE PHILLIPS by default for want of an Answer and damages
assessed in the sum of $148,159.84 as per the above certification.
$148,159.84
is
P thonotary
w
68644FC
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.
TO:
DATE OF THIS NOTICE: September 9, 2008
JIMMIE PHILLIPS
131 Heron Way
Carlisle, PA 17013
In the Court of
WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006- Common Pleas
OPT3 TRUST, ABFC ASSET-BACKED CERTIFICATES, of Cumberland County
SERIES 2006-OPT3
6501 Irvine Center Drive CIVIL ACTION - LAW
Irvine, CA 92618
Plaintiff Action of
vs. Mortgage Foreclosure
JIMMIE PHILLIPS
(Mortgagor(s) and Record Owner(s)) Term
131 Heron Way No. 08-4803
Carlisle, PA 17013
Defendant(s)
TO: JIMMIE PHILLIPS
131 Heron Way
Carlisle, PA 17013
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, JIMMIE PHILLIPS, is about unknown years of
age, that Defendant's last known residence is 131 Heron Way 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:
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
WELLS FARGO BANK, N.A., AS TRUSTEE FOR
ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED
CERTIFICATES, SERIES 2006-OPT3
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
VS.
JIMMIE PHILLIPS
(Mortgagor(s) and Record owner(s))
131 Heron Way
Carlisle, PA 17013
Defendant(s)
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION LAW
ACTION OF MORTGAGE FORECLOSURE
No. 08-4803
ORDER FOR JUDGMENT
Please enter Judgment in favor of WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-
OPT3 TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3, and against JIMMIE
PHILLIPS 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 $148,159.84.
Q ML Ly1-Lrz)
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 WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ABFC ASSET-
BACKED CERTIFICATES, SERIES 2006-OPT3 6501 Irvine Center Drive Irvine, CA 92618 and that the
name(s) and last known address(es) of the Defendant(s) is/are JIMMIE PHILLIPS, 131 Heron Way Carlisle, PA
17013;
"T M FVA ul EVER
BY: Michael T. McKeever
Attorney for Plaintiff
ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly assess the damages in this case to be as follows:
Principal Balance $130,375.78
Interest from 03/01/2008 through $9,218.98
09/25/2008
Reasonable Attorney's Fee $6,518.79
Late Charges $747.30
Costs of Suit and Title Search $900.00
Escrow Payments Due 2 X $116.00 $232.00
Escrow Advance $1,275.97
Fees $79.27
Suspense -$1,188.25
$148,159.84
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney for Plaintiff
AND NOW, this a day of WT 2008 damages are assessed as above.
Prothy 0t8
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Rule of Civil Procedure No. 236 - Revised
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED
CERTIFICATES, SERIES 2006-OPT3
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
No. 08-4803
vs.
JIMMIE PHILLIPS
(Mortgagors and Record Owner(s))
131 Heron Way
Carlisle, PA 17013
Defendant(s)
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 tter has been a tered against you.
.
? G
Curt Long Ora
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
a
T PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P 3180-3183
Michael 1'. McKeever
Attorney I.D.#56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
WELLS FARGO BANK, N.A., AS TRUSTEE FOR
ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED
CERTIFICATES, SERIES 2006-OPT3
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
vs.
JIMMIE PHILLIPS
Mortgagor(s) and Record Owner(s)
131 Heron Way
Carlisle, PA 17013
Defendant(s)
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 08-4803
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter:
Amount Due
Interest from
09/26/2008 to Date of
Sale per diem at
$44.11
(Costs to be added)
$148,159.84
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney for Plaintiff
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Michael T. McKeever
Attorney I.D. #56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC
2006-OPT3 TRUST, ABFC ASSET-BACKED
CERTIFICATES, SERIES 2006-OPT3
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
vs.
JIMMIE PHILLIPS
Mortgagor(s) and Record Owner(s)
131 Heron Way
Carlisle, PA 17013
Defendant(s)
IN THE COURT OF
COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF
MORTGAGE FORECLOSURE
NO. 08-4803
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.
UTOQSU-?" ?L 1-11 PC/)
Michael T. McKeever
Attorney for plaintiff
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4
Goldbeck McCafferty & McKeever
BY: Michael T. McKeever
Attorney I.D. #56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
WELLS FARGO BANK, N.A., AS TRUSTEE FOR
ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED
CERTIFICATES, SERIES 2006-OPT3
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
vs.
JIMMIE PHILLIPS
(Mortgagor(s) and Record Owner(s))
131 Heron Way
Carlisle, PA 17013
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129
No. 08-4803
WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED
CERTIFICATES, SERIES 2006-OPT3, 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:
131 Heron Way
Carlisle, PA 17013
1.Name and address of Owner(s) or Reputed Owner(s):
JIMMIE PHILLIPS
131 Heron Way
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
JIMMIE PHILLIPS
131 Heron Way
Carlisle, PA 17013
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold:
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
r '
4. Name and address of the last recorded holder of every mortgage of record:
5. Name and address of every other person who has any record interest in or record lien on the property and whose interest
may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which
may be affected by the sale.
TENANTS/OCCUPANTS
131 Heron Way
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 unworn falsification to authorities.
DATED: September 25, 2008
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever, Esq.
Attorney for Plaintiff
ca
-2
08-4803
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
WELLS FARGO BANK, N.A., AS TRUSTEE FOR
ABFC 2006-OPT3 TRUST, ABFC ASSET-
BACKED CERTIFICATES, SERIES 2006-OPT3
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
vs.
JIMMIE PHILLIPS
Mortgagor(s) and Record Owner(s)
131 Heron Way
Carlisle, PA 17013
Defendant(s;
Term
No. 08-4803
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: PHILLIPS, JIMMIE
JIMMIE PHILLIPS
131 Heron Way
Carlisle, PA 17013
Your house at 131 Heron Way, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on
Wednesday, March 04, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce
the court judgment of $148,159.84 obtained by WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC
2006-OPT3 TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 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:
?r
08-4803
1. The sale will be cancelled if you pay to WELLS FARGO BANK, N.A., AS TRUSTEE FOR
ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3, 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.
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
08-4803
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage
Foreclosure against you, you still may be able to SAVE YOUR HOME FROM
FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the
following numbers: or 717-243-9400.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free
counseling.
3). Visit HUD'S website www.hud.g_o_v_ 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. hp fa.org/consumers/homeowners/real.aspx.
5). Call the Plaintiff (your lender) at 800-648-9605 and ask to speak to someone
about Loss Mitigation or Home Retention options.
6). Call or contact our office to request the amount to bring the account current,
or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our
toll free number at 1-866-413-2311 or via email at homeretentionkgoldbecklaw.com.
Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you
requested will be mailed to the address that you request or faxed if you leave a message
with that information. The attorney in charge of our firm's Homeowner Retention
Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418.
Please reference our Attorney File Number of 6864417C.
Para informacion en espanol puede communicarse con Loretta a1215-825-6344.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 084803 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., as Trustee for ABFC
2006-OPT3 TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3, Plaintiff (s)
From JIMMIE PHILLIPS
(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 $148,159.84
L.L.$ 0.50
Interest from 9/26/08 to Date of Sale per diem at $44.11
Atty's Comm % Due Prothy $2.00
Atty Paid $152.00 Other Costs to be added
Plaintiff Paid
Date: 9/26/09
Prothono
(Seal) By:
Deputy
REQUESTING PARTY:
Name: MICHAEL T. MCKEEVER, ESQUIRE
Address: GOLDBECK MCCAFFERTY & MCKEEVER
SUITE 5000-MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
Attorney for: PLAINTIFF
Telephone : 215-627-1322
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
68644FC
CF: 08/11/2008
SD: 03/04/2009
$148,159.84
WELLS FARGO BANK, N.A., AS TRUSTEE FOR
ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED
CERTIFICATES, SERIES 2006-OPT3
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
VS.
JIMMIE PHILLIPS
Mortgagor(s) and
Record Owner(s)
131 Heron Way
Carlisle, PA 17013
Defendant(s)
CERTIFICATE OF SERVICE
PURSUANT TO Pa.R.C.P. 3129.2 (c) (2)
Term
No. 08-4803
Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the
Defendants of the Notice of Sheriff Sale was made by:
Personal Service by the Sheriffs 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,
-M"'J -T -/a zz,, ?
BY: Michael T. McKeever, Esquire
Attorney for Plaintiff
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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
WELLS FARGO BANK, N.A., AS TRUSTEE FOR
ABFC 2006-OPT3 TRUST, ABFC ASSET-
BACKED CERTIFICATES, SERIES 2006-OPT3
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
vs.
JIMMIE PHILLIPS
Mortgagor(s) and Record Owner(s)
131 Heron Way
Carlisle, PA 17013
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129
Term
No. 08-4803
WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED
CERTIFICATES, SERIES 2006-OPT3, 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:
131 Heron Way
Carlisle, PA 17013
1.Name and address of Owner(s) or Reputed Owner(s):
JIMMIE PHILLIPS
131 Heron Way
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
JIMMIE PHILLIPS
131 Heron Way
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:
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
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:
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
131 Heron Way
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: February 10, 2009
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever, Esq.
Attorney for Plaintiff
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Wells Fargo Bank, N.A., as Trustee for ABFC In The Court of Common Pleas of
2006-OPT3 Trust, ABFC Asset-Backed Cumberland County, Pennsylvania
Certificates, Series 2006-OPT3 Writ No. 2008-4803 Civil Term
VS
Jimmie Phillips
Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states
that on January 3, 2009 at 0839 hours, she served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Jimmie Phillips, by making known unto Jimmie Phillips, Jr., adult son
of Jimmie Phillips, at 131 Heron Way, Carlisle, Cumberland County, Pennsylvania its
contents and at the same time handing to him personally the said true and correct copy of
the same.
Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states
that on January 16, 2009 at 1101 hours, she posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Jimmie Phillips located at 131 Heron Way, Carlisle, Cumberland County, Pennsylvania
according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Jimmie Phillips, by regular mail to his last known address of 131
Heron Way, Carlisle, PA 17013. This letter was mailed under the date of January 9, 2009
and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this
writ is returned STAYED.
Sheriff's Costs:
Docketing 30.00
Poundage 22.37
Posting Bills 15.00
Advertising 15.00
Law Library .50
Prothonotary 2.00
Milage 9.00
Levy 15.00
Surcharge 20.00
Law Journal 355.00
Post Pone Sale 40.00
Patriot News 367.37
Share of Bills 15.52
906.76
C?
0
So Ans)jcrsAp
-?
.Thomas Kline, S riff
C.
U1By -t
Real Estate Coordinator
ra
_ T
T-I
1
ri
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Goldbeck. McCafferty chi 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
Plaintiff
WELLS FARGO BANK, N.A., AS TRUSTEE FOR
ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED
CERTIFICATES, SERIES 2006-OPT3
6501 Irvine Center Drive
Irvine, CA 92618
IN THE COURT OF COMMON PLEAS
of Cumberland County
vs.
JIMMIE PHILLIPS
(Mortgagor(s) and Record Owner(s))
131 Heron Way
Carlisle, PA 17013
Defendant(s)
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 08-4803
AFFIDAVIT PURSUANT TO RULE 3129
WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED
CERTIFICATES, SERIES 2006-OPT3, 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:
131 Heron Way
Carlisle, PA 17013
1.Name and address of Owner(s) or Reputed Owner(s):
JIMMIE PHILLIPS
131 Heron Way
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
JIMMIE PHILLIPS
131 Heron Way
Carlisle, PA 17013
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold:
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
.ri
4. Name and address of the last recorded holder of every mortgage of record:
5. Name and address of every other person who has any record interest in or record lien on the property and whose interest
may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which
may be affected by the sale.
TENANTS/OCCUPANTS
131 Heron Way
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: September 25, 2008
GOLDBECK McCAF'FERTY & NICKFFVER
BY: Michael T. McKeever, Esq.
Attorney for Plaintiff
08-4803
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
WELLS FARGO BANK, N.A., AS TRUSTEE FOR
ABFC 2006-OPT3 TRUST, ABFC ASSET-
BACKED CERTIFICATES, SERIES 2006-OPT3
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
vs.
JIMMIE PHILLIPS
Mortgagor(s) and Record Owner(s)
131 Heron Way
Carlisle, PA 17013
Defendant(s;
Term
No. 08-4803
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: PHILLIPS, JIMMIE
JIMMIE PHILLIPS
131 Heron Way
Carlisle, PA 17013
Your house at 131 Heron Way, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on
Wednesday, March 04, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce
the court judgment of $148,159.84 obtained by WELLS FARGO BANK, N.A., AS "TRUSTEE FOR ABFC
2006-OPT3 TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2006-01"T3 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:
a
08-4803
I . The sale will be cancelled if you pay to WELLS FARGO BANK, N.A., AS TRUSTEE FOR
ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3, 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.
I . If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid price by calling the Sheriff of 717-240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate
compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find
out if this has happened, you may call the Sheriff of 717-240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the
date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be
paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is
wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
08-4803
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. hfa.org/consumers/homeowners/real aux.
5). Call the Plaintiff (your lender) at 800-648-9605 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 68644FC.
Para infonnacion en espanol puede communicarse con Loretta al 215-825-6344.
ALL THAT CERTAIN tract or parcel of land situate in the Township of North
Middleton, Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the western right-of-way line of Heron Way, at the northeast
corner of Lot No. 14-C on the hereinafter described Final Subdivision Plan; thence along
the northern line of said Lot No. 14-C, North 54 degrees 45 minutes 52 seconds West, a
distance of 125.00 feet to a point on the eastern line of land now or formerly of Richard J.
Kovalick; thence along the eastern line of said Kovalick land and continuing along land
now or formerly of Karen L. Chestnut, North 35 degrees 14 minutes 08 seconds East, a
distance of 20.00 feel to a point at the southwest corner of Lot No. 14-E on the
hereinafter described Final Subdivision Plan; thence along the southern line of Lot No.
14-E, South 54 degrees 45 minutes 52 seconds East, a distance of 125.00 feet to a point
on the western right-of-way line of Heron Way; thence along the western right-of-way
line of Heron Way, South 35 degrees 14 minutes 08 seconds West, a distance of 20.00
feet to a point at the northeast comer of Lot No. 14-C on the hereinafter described Final
Subdivision Plan, the point and Place of BEGINNING.
CONTAINING 2,500.00 square feel, more or less.
TAX PARCEL #: 29-15-1252-140
PROPERTY ADDRESS: 131 HERON WAY, CARLISLE, PA 17013
MUNICIPALITY: TOWNSHIP OF NORTH MIDDLETON
NVRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF i'ENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-4803 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., as Trustee for ABFC
2006-OPT3 TRUST, ABFC ASSET'-BACKED CERTIFICATES, SERIES 2006-OPT3, Plaintiff (s)
From JIMMIE PHILLIPS
(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 follov,s:
and to notify the --arnishec(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for tine 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 $148,159.84
L.L.$ 0.50
Interest from 9/26/08 to Date of'Sale per diem at $44.11
Atty's Comm % Due Prothy $2.00
Atty Paid SI52.00
Plaintiff Paid
Date: 9/26/08
(Seal)
REQUESTING PARTY
Other Costs to be added
Prothonota
By:
Name:.IICI-IAEL T. AR 1hEEVER, ESQUIRE
Address: GOLDBECK AICCAFFERTY & MCKEEVER
SUITE 5000-AI h:LLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPIII,?, PA 19106
Attorney for: PLAINTIFV
Telephone: 215-627-1322
Deputy
Supreme Court ID No. 56129
Real Estate Sale #20
On November 6, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
North Middleton Township, Cumberland County, PA
Known and numbered as 131 Heron Way, Carlisle
more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: November 6, 2008 By: j6C -
- -?6VLig?-
Real Est?lte Sergeant
f?
t'E`'atriot-News Co.
8,12 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
the Patriot-N(ws
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818, Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
REAL ESTATE SALE NO. 20 01 /21 /09
Writ No. 2008-4803 Civil Term
Wells Fargo Bank, N.A., as 01/28/09
Trustee for ABFC 2006-OPT3
Trust ABFC Asset Backed 02/04/09
Certificates, Series 2006-OPT3
VS __
Jimmie Phillips
Attorney Michael McKeever
LEGAL DESCRIPTION Sworn to an scribed before me this 25 day of February, 2009 A.D.
ALL THAT CERTAIN tract or parcel of land
situate in the Township of North Middleton, r '
Cumberland County, Pennsylvania, bounded and
described as follows, to wit
BEGINNING at a point on the western right-of- Notary Public
way line of Heron Way, at the northeast corner
of Lot No. 14-C on the hereinafter described
Final Subdivision Plan; thence along the
northern fine of said Lot No. 14-C, North 54 COMMONWEA_Ll"H OF ='r_NNSYLVANIA
degrees 45 minutes 52 seconds West, a distance I dpl?rp3'rf
of 125.00 feet to a point on the eastern line of
land now or formerly of Richard J. Kovalick; =:: . Kttxtl??r, f+iotary Public
thence along the eastern line of said Kovalick Ctisbr,+?. I?ttphin County
land and continuing along land now or formerly ial E.;0res Nov. 4 2011 of Karen L. Chestnut, North 35 degrees 14 Member, Pennsytv2;.'atton of Notarleg
minutes 08 seconds East, a distance of 20.00
feel to a point at the southwest corner of Lot No.
14-E on the hereinafter described Final
Subdivision Plan; thence along the southern line
of Lot No. 14-E, South 54 degrees 45 minutes
52 seconds East, a distance of 125.00 feet to a
point on the western fight-of-way line of Heron
Way; thence along the western right-of-way line
of Heron Way, South 35 degrees 14 minutes 08
seconds West, a distance of 20.00 feet to a point
at the northeast comer of Lot No. 14-C on the
hereinafter described Final Subdivision Plan, the
point and Place of BEGINNING.
CONTAINING 2,500.00 square feel, more or
less.
TAX PARCEL # 29-15-1252-140
PROPERTY ADDRESS: 131 HERON WAY,
CARLISLE, PA 17013
MUNICIPALITY: TOWNSHIP OF NORTH
MIDDLETON
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:
January 30, February 6, and February 13, 2009
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Coyne, Editor
SWORN TO AND SUBSCRIBED before me this
13 day of February 13 2009
Notary
NOTARIAL SEA!-
DEBORAH A CC?LLINS
Notarv Public
CARLISLE BCRO, C'lMSERLAN7 COUNTY
My Commission Expires Apr 28, 2010
REAL ESTATE SALE NO. 20
Writ No. 2008-4803 Civil
Wells Fargo Bank, N.A., as
Trustee for ABFC 2006-OPT3
Trust ABFC Asset-Backed
Certficates, Series 2006-OPT3
vs.
Jimmie Phillips
Atty.: Michael McKeever
ALL THAT CERTAIN tract or par-
cel of land situate in the Township
of North Middleton, Cumberland
County, Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point on the
western right-of-way line of Heron
Way, at the northeast corner of Lot
No. 14-C on the hereinafter described
Final Subdivision Plan; thence along
the northern line of said Lot No. 14-
C, North 54 degrees 45 minutes 52
seconds West, a distance of 125.00
feet to a point on the eastern line of
land now or formerly of Richard J.
Kovalick; thence along the eastern
line of said Kovalick land and con-
tinuing along land now or formerly
of Karen L. Chestnut, North 35 de-
grees 14 minutes 08 seconds East,
a distance of 20.00 feel to a point at
the southwest corner of Lot No. 14-E
on the hereinafter described Final
Subdivision Plan; thence along the
southern line of Lot No. 14-E, South
54 degrees 45 minutes 52 seconds
East, a distance of 125.00 feet to a
point on the western right-of-way
line of Heron Way; thence along the
western right-of-way line of Heron
Way, South 35 degrees 14 minutes
08 seconds West, a distance of 20.00
feet to a point at the northeast corner
of Lot No. 14-C on the hereinafter
described Final Subdivision Plan, the
point and Place of BEGINNING.
CONTAINING 2,500.00 square
feel, more or less.
TAX PARCEL #: 29-15-1252-
140.
PROPERTY ADDRESS: 131 HER-
ON WAY, CARLISLE, PA 17013.
MUNICIPALITY: TOWNSHIP OF
NORTH MIDDLETON.
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
WELLS FARGO BANK, N.A., AS TRUSTEE FOR
ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED
CERTIFICATES, SERIES 2006-OPT3
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
vs.
JIMMIE PHILLIPS
131 Heron Way
Carlisle, PA 17013
Defendant
PRAECIPE TO VACATE JUDGMENT
TO THE PROTHONOTARY:
No. 08-4803
Kindly vacate the judgment upon payment of your costs only.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
MICHAEL T. MCKEEVER, ESQUIRE
ipy
217n I I.
Ylf;c? ??'r?a y
GOLDBECK McCAFFERTY & McKEEVER
ATTORNEY FOR PLAINTIFF
BY: Michael T. McKeever
Attorney I.D. #56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6321
WELLS FARGO BANK, N.A., AS TRUSTEE
FOR ABFC 2006-OPT3 TRUST, ABFC
ASSET-BACKED CERTIFICATES, SERIES
2006-OPT3
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
vs.
JIMMIE PHILLIPS
131 Heron Way
Carlisle, PA 17013
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 08-4803
PRAECIPE TO DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above case Discontinued and Ended upon payment of your costs only.
LQ,c?
Michael T. McKeever, Esquire
Attorney for Plaintiff
U7 "" tG 12