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HomeMy WebLinkAbout08-6555GOLDBECK McCAFFERTY & McKEEVER 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff VS. JEAN WHITEHEAD MICHAEL R. WHITEHEAD Mortgagors and Record Owners 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendants IN THE COURT OF COMMON PLEAS OF CUMERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term n No. 68 - 40&055 ?t V CIVIL AC71ON: MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT 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: 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.goy 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.nhfa.orconsumers/homeowners/re . aspx. 5). Call the Plaintiff (your lender) at 888-325-3502 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 homeretentionCa Qoldbecklaw 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 62421 FC. 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 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMCI TRUST, 4708 Mercantile Drive North, Fort Worth, TX 76137. 2. The names and addresses of the Defendants are JEAN WHITEHEAD, 247 Ridge Hill Road, Mechanicsburg, PA 17050 and MICHAEL R. WHITEHEAD, 247 Ridge Hill Road, Mechanicsburg, PA 17050, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On December 29, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to FIRST FINANCIAL MORTGAGE GROUP, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1978, Page 3708. The mortgage has been assigned to: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007- WMC 1 TRUST by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 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 February 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 ..................................................................................$147,826.16 Interest from 01/01/2008 through 05/31/2008 at 10.2400% .....................$6,303.43 Per Diem interest rate at $41.47 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$7,391.31 Late Charges from 02/01/2008 to 05/31/2008 .............................................$257.07 Monthly late charge amount at $64.27 Costs of suit and Title Search ......................................................................$900.00 Escrow ..........................................................................................................$256.84 Monthly Escrow amount $358.05 $162,934.81 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The 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 terns judgment in mortgage foreclosure in the sum of $162,934.81, together with interest at the rate of $41.47, 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 Sheriffs Sale of the Property. By: 11 GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF r VERIFICATION I, C6? , 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: 6-k.? C Saxon Mortgage Services, Inc. L1?II Hye-O? /Wi° 2000424328 JEAN WHITEHEAD ExhibitA Generated by PDFKit.NET Evaluation May 09 2000 4:51PM HP LRSERJET 3330 I? ALL TWIT piece or PnoalOf bw wRb tlr hwilmap mm" L d" r IsY 1972, at?lbbwe? g b h Y W R tL , BWdNR/oM?6ara! a paMt on aaaar ai?btr fM 0f DWd dbW=d the 2kf w Road W a pmiR of lode or w of Iwo w fto Ina WA . ini.6om 6 imm pow am ab4 the but mewimm ft K deproaa 23 rnMlatea OWN' Ai1a„o? Of 72A Y a of hart fair tleadt 7flNCy p Rom 1 of W." s evner firt bobde a d sloeYiC WA 3 South Rat to a print a Mw or oft d b as POW, 2, mom daoia? dYaaaoi d 111M Wnt • 1lbird 4"4,a fov fblwM g catafat aad d 1*234 feet b a POS, 2. Sash X91610 N 29 Sot1h 8• d K L ibr 2i ? ? the Yet mwaa12! ntwlaa rMaat a dtlanca atYYa a dr111 ' e9raes 30 Tlnbs 1Ahat Y ditOra:a 24 83 Mkn a dbtanca of 39.6 Rix b • m "M fled Of bed of Rldae Fri Rose tbrth 64 d 33 mtalaa 3o at d 6Q.1 Raft 4 a ppY? 3 pdm an14_ mom 21 30 ntmaea a ? t? mentioned point end picot of 813. G ISM bt fm* b Me n PARCH NO.. 39-18.134"10 LEW the 06x1-72ard' °,em,dedbOios -73 TOO dn+e. ?aa. in ? aabd CWWWWW In Daad Hook Q24, rid ror Pry ip1 9t??lad aad . Wt i f I i i i I I Inb Mdine! R. and>~n I Ccfdfy No 1D be MOOMpd In CumnbabW C OMW PA Recoidet: of Deeds BK 1978FG3729 p-28 Click here to unlock PDFKit.NET Exhibit (B ACT 91 NOTICE DATE OF NOTICE: February 5 , 2008 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mort age on our home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP maybe able to help to save your home This Notice explains how the program works To see if HEMAP can help, ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency The name address and hone number of Consumer Credit Counselin A encies serving your County are listed at the end of this Notice If you have an y questions oy u may call the Pennsylvania Housma Finance Agency toll free at 1-800-342-2397 (Persons with im aired hearing can call (717) 780-1869 ) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notifcacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado Homeowners Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 Date: February 5, 2008 Homeowners Name: JEAN WHITEHEAD Property Address: 247 Ridge Hill Road, Mechanicsburg, PA 17050 Loan Account No.: 2000424328 Original Lender: SAXON MORTGAGE SERVICES INC Current Lender/Servicer: SAXON MORTGAGE SERVICES INC. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TNIC NOTirF rAr T Wn 11u^.:j IV^ nTTIMIn 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 desi ated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT:' (If you have filets bankruptcy you can still apply for Emergency Mort a 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: 247 Ridge Hill Road, Mechanicsburg, PA 17050 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 12/01/2007 thru February 5, 2008 (3 mos. at $1,579.34/month) $4,738.02 (b) Late charges from 12/01/2007 thruFebruary 5, 2008 (3 mos. at $64.27/month) $192.81 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $4,930.83 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 930.83, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: SAXON MORTGAGE SERVICES INC. 4708 Mercantile Drive North Fort Worth, TX 76137 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 vour mortsaged 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 Sheriffs Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as. specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: SAXON MORTGAGE SERVICES INC. Address: 4708 Mercantile Drive North Fort Worth, TX 76137 Phone Number: 888-325-3502 Contact Person: Loss Mitigation Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact: Loss Mitigation Department Phone Number: 888-325-3502 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 ACT 91 NOTICE DATE OF NOTICE: 06/11/2008 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is ,provided in the attached t es The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP may be able to help to save your home This Notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving Your County are listed at the end of this Notice If you have any_questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (7171780-1869 ) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 1 Date: 06/11/2008 Homeowners Name: MICHAEL R. WHITEHEAD Property Address: 247 Ridge Hill Road, Mechanicsburg, PA 17050 Loan Account No.: 2000424328 Original Lender: FIRST FINANCIAL MORTGAGE GROUP, INC. Current Lender/Servicer: SAXON MORTGAGE SERVICES INC. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set 2 forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANK1tUPTC'Y?j;1 FOLLOWING PART OF THIS NOTICE IS FOR -99 INV0RIM IW+*VI OSES.ONLY AND SHOULD NOT COMIDERRD AS AN ATTEMPT f O C6i LACT THE DEBT. (If you have Bled bankruptcy you can still apply for Emergepcy Mbttgage Assistance ) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it uip to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 247 Ridge Hill Road, Mechanicsburg, PA 17050 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 02/01/2008 thru 06/11/2008 (4 mos. at $1,579.34/month) $6,317.36 (b) Late charges from 02/01/2008 thru 06/11/2008 (4 mos. at $64.27/month) $257.08 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $6,574.44 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 $6,574.44 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: SAXON MORTGAGE SERVICES INC. 4708 Mercantile Drive North Fort Worth, TX 76137 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 vour 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 Sheriffs Sale You may do so by paving the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four 4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: SAXON MORTGAGE SERVICES INC. Address: 4708 Mercantile Drive North Fort Worth, TX 76137 Phone Number: 888-325-3502 Contact Person: Loss Mitigation Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact: Loss Mitigation Department Phone Number: 888-325-3502 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 'bk- 4 u4 -d SHERIFF'S RETURN - REGULAR !w 6? CASE NO: 2008-06555 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS WHITEHEAD JEAN ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WHITEHEAD JEAN the DEFENDANT , at 2106:00 HOURS, on the 12th day of November-, 2008 at 247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 MICHAEL WHITEHEAD, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit I))) 18.00 Surcharge ?j 7.00 .00 10.00 .00 v 35.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/13/2008 GOLDBECK MCCAFFERTY MCKEEVER By: Deputy Sheriff of A. D. CASE NO: 2008-06555 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS WHITEHEAD JEAN ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WHITEHEAD MICHAEL R was served upon the DEFENDANT , at 2106:00 HOURS, on the 12th day of November-, 2008 at 247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge itli4%vk 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/13/2008 GOLDBECK MCCAFFERTY MCKEEVER By: Deputy Sheriff of A. D. In the Court of Common Pleas of Cumberland County U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff VS. JEAN WHITEHEAD MICHAEL R. WHITEHEAD (Mortgagor(s) and Record Owner(s)) 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) PRAECIPE FOR JUDGMENT No. 08-6555 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 JEAN WHITEHEAD and MICHAEL R. WHITEHEAD by default for want of an Answer. Assess damages as follows: Debt Interest from 01/20/2009 to Date of Sale per diem at $41.47 Total (Assessment of Damages attached) $176,333.93 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 - ;:? 1 . not , Judgment is entered in favor of U.S. BANK NATIONAL ASSO ATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST and against JEAN WHITEHEAD and MICHAEL R. WHITEHEAD by default for want of an Answer and damages assessed in the sum of $176,333.93 as per the above certification. A Py6thonotaq_--?-- / ca .? C_ ..n is Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff No. 08-6555 vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD (Mortgagors and Record Owner(s)) 247 Ridge Hill Road Mechanicsburg, PA 17050 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 matter has been entered against you. Curt Long Prothono By: If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 62421FC 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: JEAN WHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD (Mortgagor(s) and Record Owner(s)) 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) TO: JEAN WHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 DATE OF THIS NOTICE: December 22, 2008 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-6555 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 62421FC 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: MICHAEL IL WHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD (Mortgagor(s) and Record Owner(s)) 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) TO: MICHAEL R. WHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 DATE OF THIS NOTICE: December 22, 2008 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-6555 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 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, JEAN WHITEHEAD, is about unknown years of age, that Defendant's last known residence is 247 Ridge Hill Road Mechanicsburg, PA 17050, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: `?4\0,A ?? ?` Q Q 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, MICHAEL R. WHITEHEAD, is about unknown years of age, that Defendant's last known residence is 247 Ridge Hill Road Mechanicsburg, PA 17050, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: \ 1 \ a`Q)CA Uq1 X 1 U ? UILWfl ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance interest from 01/01/2008 through 01/19/2009 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 9 X $358.05 Escrow AND NOW, this <;? C day of $147,826.16 $15,965.94 $7,391.31 $771.23 $900.00 $3,222.45 $256.84 $176,333.93 -, k-W 0 1, /1 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff 12009 damages are assessed as above. 11711, 8? a P rothy a ?j IN. V .A- PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD Mortgagor(s) and Record Owner(s) 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-6555 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $176,333.93 Interest from 01/20/2009 to Date of Sale per diem at $41.47 (Costs to be added) ? MalI ? kAt ILX? GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff W W H w ? a ¢? O ?H t ¢v '^ O U V O 00 EA E °O Q°o o F, cv z zw 0 W QO ? zw oa V] Is o b N -cy ?o , ('? H iry O 00 N U V ? W a i U 2 H a ? a? zU w U ? w y o iV U?'] Q M ;o a ?Qo 4 Ln r ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by R.M. Benjamin R. E. dated May 9, 1972, as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a corner of lands now or late of Daniel Rogers; said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road; THENCE extending from said point of beginning and along the last mentioned lands, the 3 following courses and distances; 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2 South 17 degrees 18 minutes East a distance of 177.66 feet to a point and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a corner of lands now or late of Newton K. Delbert; THENCE extending along the last mentioned lands, a four following courses and distances; 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30 minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road; THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. PARCEL NO. 38-18-1346-010 PROPERTY ADDRESS: 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050 MUNICIPALITY: SILVER SPRINGS TOWNSHIP BEING the same premises which James T. Crawford and Carol A. Crawford, His Wife, by Indenture dated 06-01-72 and recorded 06-02-72 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book Q24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead. 0 n C= ?! d ?J -? N) r i i r-- 171 3 7? itJ Z C) - C t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6555 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U. S. Bank National Association, AS Trustee for ABFC 2007-WMCI Trust 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff (s) From Jean Whitehead Michael R. Whitehead (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 $176,333.93 L.L.$.50 Interest from 01/20/2009 to date of sale per diem at $41.47 Atty's Comm %, Due Prothy $2.00 Atty Paid $170.00 Other Costs Plaintiff Paid Date: January 21, 2009 (Seal) Cu rs R. Lon , t not By: Deputy REQUESTING PARTY: Name Michael T. McKeever, Esq. Goldbeck McCafferty & McKeever Address: Suite 5000 - Mellon Independence Center 701 Market St. Philadelphia, PA 19106 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 56129 'o. Of 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW JEAN WHITEHEAD MICHAEL R. WHITEHEAD (Mortgagor(s) and Record Owner(s)) 247 Ridge Hill Road Mechanicsburg, PA 17050 ACTION OF MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 08-6555 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST, 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: 247 Ridge Hill Road Mechanicsburg, PA 17050 1.Name and address of Owner(s) or Reputed Owner(s): JEAN WHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 MICHAEL R. WHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: JEAN WHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 MICHAEL R. WHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 .N P.O. Box 2675 Harrisburg, PA 1.7105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 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. (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: Januarv 19, 2009 11,J1 V1 I AV A 1` kAA L JQ / I GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Q ? ?v ?.. - , r- L-- ., ; ?- r ?Tlf" ? ??m ' N s ? i _. '?sY <?? ? ?? ^€ ?'\. . ? 08-6555 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD Mortgagor(s) and Record Owner(s) 247 Ridge Hill Road Mechanicsburg, PA 17050 ACTION OF MORTGAGE FORECLOSURE Defendant(s Term No. 08-6555 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: WHUEHEAD, JEAN JEAN WHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 Your house at 247 Ridge Hill Road, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $176,333.93 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST 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: 08-6555 1. The sale will be cancelled if you pay to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST, 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 maybe 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.or 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 08-6555 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 htlp://www.phfa.org/consumers/homeowners/real.g§Px. 5). Call the Plaintiff (your lender) at 888-325-3502 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(a-goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 62421 FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. c? -rr .b '? -- -? ?-, f • ? ', ,l.J ?_..... *" ` 3 S? } '? ? ?, 4 08-6555 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD Mortgagor(s) and Record Owner(s) 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) Term No. 08-6555 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: WHUEHEAD, MICHAEL R. MICHAEL R. VHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 Your house at 247 Ridge Hill Road, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $176,333.93 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST 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: I 08-6555 1. The sale will be cancelled if you pay to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the 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: hW://www.Rhiladelphiafed.ore/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 08-6555 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.orp-/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 888-325-3502 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 62421 FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. rr: G Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD Mortgagor(s) and Record Owner(s) 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 08-6555 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 C?? C c:n .es C.J SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 247 Ridge Hill Road Mechanicsburg, PA 17050 SOLD as the property of JEAN WHITEHEAD and MICHAEL R. WHITEHEAD TAX PARCEL #38-18-1346-010 -11 v rn _ -F ... fi 1 t -yam. ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by R.M. Benjamin R. E. dated May 9, 1972, as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a corner of lands now or late of Daniel Rogers; said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road; THENCE extending from said point of beginning and along the last mentioned lands, the 3 following courses and distances; 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2 South 17 degrees 18 minutes East a distance of 177.66 feet to a point and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a corner of lands now or late of Newton K. Delbert; THENCE extending along the last mentioned lands, a four following courses and distances; 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30 minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road; THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. PARCEL NO. 38-18-1346-010 PROPERTY ADDRESS: 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050 MUNICIPALITY: SILVER SPRINGS TOWNSHIP BEING the same premises which James T. Crawford and Carol A. Crawford, His Wife, by Indenture dated 06-01-72 and recorded 06-02-72 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book Q24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead. C___ .la t e G In the Court of Common Pleas of 2'9 23 W r :. Cumberland County, Pennsylvania Writ No. 2008-6555 Civil Term C U. S. Bank National Association, as Trustee for ABFC 2007-WMC1 'fast ' VS Jean Whitehead and Michael R. Whitehead Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on February 5, 2009 at 2033 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: Jean Whitehead and Michael R. Whitehead, by handing both to Michael R. Whitehaed, personally and as husband for Jean Whitehead, at, 247 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0751 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 Jean Whitehead and Michael R. Whitehead, located at, 247 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Jean Whitehead and Michael R. Whitehead, by regular mail to their last known address of 247 Ridge Hill Road, Mechanicsburg, PA 17050. This letter was mailed under the date of April 1, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 31.06 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 10.80 Levy 15.00 Surcharge 30.00 Post Pone Sale 40.00 Law Journal 413.00 Patriot News Share of Bills So Answ s R. Thomas Kline, Sheriff By Real Estate Coordinator 354.06 15.43 n971.85 ? 309iS V ?. i 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County JEAN WHITEHEAD MICHAEL R. WHITEHEAD (Mortgagor(s) and Record Owner(s)) 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-6555 AFFIDAVIT PURSUANT TO RULE 3129 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST, 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: 247 Ridge Hill Road Mechanicsburg, PA 17050 1.Name and address of Owner(s) or Reputed Owner(s): JEAN WHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 MICHAEL R. WHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: JEAN WHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 MICHAEL R. WHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. BOX 2675 Harrisburg, PA 17105-2675 DOMESTIC' RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 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. (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: January 19, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff 08-6555 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff VS. JEAN WHITEHEAD MICHAEL R. WHITEHEAD Mortgagor(s) and Record Owner(s) 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-6555 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: WIMEHEAD, JEAN JEAN WHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 Your house at 247 Ridge Hill Road, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $176,333.93 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST 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 To prevent this Sheriffs Sale you must take immediate action: 08-6555 1. The sale will be cancelled if you pay to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 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: httn:www nhiladelphiafed 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 08-6555 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 httu://www nhfa orjz/consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) at 888-325-3502 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 1-866413-2311 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 62421 FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 08-6555 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. JEAN WHITEHEAD MICHAEL R. WHI TEHEAD Mortgagor(s) and Record Owner(s) 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-6555 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 SHERIFFS SALE OF REAL PROPERTY TO: WHUEHEAD, MICHAEL R MICHAEL R. WHITEHEAD 247 Ridge Hill Road Mechanicsburg, PA 17050 Your house at 247 Ridge Hill Road, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $176,333.93 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST 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: 08-6555 1 • The sale will be cancelled if you pay to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO ;AVE 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. 8. You may contact the Foreclosure Resource Center: httn://www nhiladelnhiafed orfforeclosure/ 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 08-6555 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. ov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website htip://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 888-325-3502 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 1-866413-2311 or via email at homeretention(agoldbecklaw 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 62421 FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by R.M. Benjamin R. E. dated May 9, 1972, as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a corner of lands now or late of Daniel Rogers; said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road; THENCE extending from said point of beginning and along the last mentioned lands, the 3 following courses and distances; 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2 South 17 degrees 18 minutes East a distance of 177.66 feet to a point and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a corner of lands now or late of Newton K. Delbert; THENCE extending along the last mentioned lands, a four following courses and distances; 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30 minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road; THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. PARCEL NO. 38-18-1346-010 PROPERTY ADDRESS: 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050 MUNICIPALITY: SILVER SPRINGS TOWNSHIP BEING the same premises which James T. Crawford and Carol A. Crawford, His Wife, by Indenture dated 06-01-72 and recorded 06-02-72 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book Q24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead. ` WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-6555 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U. S. Bank National Association, AS Trustee for ABFC 2007-WMCI Trust 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff (s) From Jean Whitehead Michael R. Whitehead (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 $176,333.93 L.L.$.50 Interest from 01/20/2009 to date of sale per diem at $41.47 Atty's Comm % Due Prothy $2.00 Atty Paid $170.00 Other Costs Plaintiff Paid Date: January 21, 2009 C is R. Lon ro onot (Seal) By: Deputy REQUESTING PARTY: Name Michael T. McKeever, Esq. Goldbeck McCafferty & McKeever Address: Suite 5000 - Mellon Independence Center 701 Market St. Philadelphia, PA 19106 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale # 16 On January 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Silver Springs Township, Cumberland County, PA Known and numbered as 247 Ridge Hill Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 27, 2009 BY' S'7 .U? V , r bu 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: May 1, May 8, and May 15, 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. i Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 15 day of Mg,.2009 Notary F OTARIAL SEAL RAH A COLLINS otary Public O, CUMBERLAND COUNTY on Expires Apr 28, 2010 XnAL NWM% aMA Ito. 16 Writ No. 2008-6555 Civil U.S. Bank National Association, as trustee for ABFC 2007-WMC1 Trust VS. Jean Whitehead and Michael R. Whitehead Atty.: Michael T. McKeever ALL THAT CERTAIN piece or par- cel of land with the buildings thereon erected situate in Silver Springs Towne) ip, Cumberland County PenOWIvei3 a and described accord- ing to a survey by R.M. Benjamin R. E. dated MW 9, 1972, as fonows: BBG044 i4 at a point on or near the center line of Ridge Hill Road at a comer of lands now or late of Daniel Rogers; said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road; THENCE extending from said point of begin- ning and along the last mentioned lands, the 3 following courses and distances; 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2 South 17 degrees 18 minutes East a distance of 177.66 feet to a point and 3. South 68 de- grees 41 minutes West a distance of 181.94 feet to a point at a corner of lands now or late of Newton K. Del- bert; THENCE extending along the last mentioned lands, a four following courses and distances; 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 de- grees 30 minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road; THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 sec- onds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING, PARCEL NO. 38-18-1346-010. PROPERTYADDRESS: 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050. MUNICIPALITY: SILVER SPRINGS TOWNSHIP. BEING,the same premises which James T. Crawford and Carol A. Crawford, His Wife, by indenture dat- ed 06-01-72 and recorded 06-02-72 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book 1324, Page 601, granted and conveyed unto Michael R. White- head and Jean Whitehead. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ?lahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed eend 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 iin Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 ??? ?u t t?1hL? ..-r?.......... . Sworn top an subscribed before me this 12 day of May, 2009 A.D. Notary Public COMMONwl=..ALTH Lit f L. NNSYLV .Shem6 ,. Kissnc,,. NOary Public City Ot Harn%Wfg, Dauphin County My Commissior' Empires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Real Estate Sale No. 16 Writ No. 2008-6555 Civil Term U.S. Bank National Association, as trustee for ABFC 2007-WMC1 Trust VS Jean Whitehead and Michael R Whitehead Attorney Michael T. McKeever LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by R.M. Benjamin R. E. dated May 9.. 1972, as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a comer of lands now or late of Daniel Rogers; said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road; THENCE extending from said point of beginning and along the last mentioned lands. the 3 following courses and distances; 1. South l4 degrees 23 minutes East a distance of 72.6 feet to a point, 2 South 17 degrees 18 minutes East a distance of 177.66 feet to a point and 3.South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a comer of lands noµ or late of Newton K. Delbert; THENCE extending along the last mentioned lands, a four following courses and distances; 1. North 16, degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30 minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road; THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. PARCEL NO. 38-18-1346-010 PROPERTY ADDRESS: 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050 MUNICIPALITY: SILVER SPRINGS TOWNSHIP BEING the same premises which James T. Crawford and Carol A. Crawford, His Wife, be indenture dated 06-01-72 and recorded 06-02-72 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book Q24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead. 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 U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR ABFC 2007-WMC I TRUST 4708 Mercantile Drive North Fort Worth. TX 76137 Plaintiff vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD Mortgagor(s) and Record Owner(s) 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-6555 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 01/2012009 to Date of Sale per dietn at $41.47 176.333.93 (Costs to be added) G LDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff .y Y G U N M ?U N w Q N??' (? ? ? G C' ? r• N R ? W d Y o E" Cj P? 1 ca Al" C- HG Q a? N en C) Q. s y 4 t{ w r Q ?? ,A O O O ` 00 ?- 9 o.cl- 'i p C.7 ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by R.M. Benjamin R. E. dated May 9, 1972, as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a corner of lands now or late of Daniel Rogers; said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road; THENCE extending from said point of beginning and along the last mentioned lands, the 3 following courses and distances; 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2 South 17 degrees 18 minutes East a distance of 177.66 feet to a point and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a corner of lands now or late of Newton K. Delbert; THENCE extending along the last mentioned lands, a four following courses and distances; 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30 minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road; THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. PARCEL NO. 38-18-1346-010 PROPERTY ADDRESS: 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050 MUNICIPALITY: SILVER SPRINGS TOWNSHIP BEING the same premises which James T. Crawford and Carol A. Crawford, His Wife, by Indenture dated 06-01-72 and recorded 06-02-72 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book Q24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead. 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County JEAN WHITEHEAD MICHAEL R. WHITEHEAD (Mortgagor(s) and Record Owner(s)) 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-6555 AFFIDAVIT PURSUANT TO RULE 3129 U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR ABFC 2007-WMC1 TRUST. 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 tiled the following information concerning the real property located at: 247 Ridge Hill Road Mechanicsburg, PA 17050 I.Name and address of Owner(s) or Reputed Owner(s): JEAN WHITEHEAD C/O SCOTT A. DIETRICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 MICHAEL R. WHITEHEAD C/O SCOTT A. DIETTERICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 2. Name and address of Defendant(s) in the judgment: JEAN WHITEHEAD C/O SCOTT A. DIETRICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 MICHAEL R. WHITEHEAD C/O SCOTT A. DIETTERICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 1;? ',t [ A.,RY 2ul 09 ti0V i 2 P "112.4 8 G ; 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD Mortgagor(s) and Record Owner(s) 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) IN THh COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 08-6555 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 iAgy !rlV 2H9 P J, 12 i i2: a, 8 w• GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.456129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia. PA 19106 215-825-6318 Attorney for Plaintiff 08-6555 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMCI TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD Mortgagor(s) and Record Owner(s) 247 Ridge Hill Road Mechanicsburg, PA 17050 ACTION OF MORTGAGE FORECLOSURE Defendant(s Tenn No. 08-6555 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: WHITEHEAD, JEAN JEAN WHITEHEAD CIO SCOTT A. DIETRICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 Your house at 247 Ridge Hill Road, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $176,333.93 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC I TRUST 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: As 08-6555 I . The sale will be cancelled if you pay to U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR ABFC 2007-WMCI TRUST, 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 tiled. 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: ht!p://www.philadelphiafed.or2/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 ..A 08-6555 Resources available for Homeowners in Foree ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 888-325-3502 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 homeretentionC?,goldbeeklaw.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 fine'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 62421 FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 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 08-6555 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD Mortgagor(s) and Record Owner(s) 247 Ridge Hill Road Mechanicsburg, PA 17050 ACTION OF MORTGAGE FORECLOSURE Defendant(s Tenn No. 08-6555 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: WHITEHEAD, MICHAEL R. MICHAEL R. WHITEHEAD C/O SCOTT A. DIETTERICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 Your house at 247 Ridge Hill Road, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $176,333.93 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMCI TRUST against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 08-6555 1. The sale will be cancelled if you pay to U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR ABFC 2007-WMC l TRUST, 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--1311. 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 ABI,E TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I . 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. -Tile sate 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: http://www.philadelphiafed.or2/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 08-6555 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has tiled an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 888-325-3502 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 1-866-413-23 11 or via email at homeretention(c 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 finn'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 62421 FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6555 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, As Trustee for ABFC 2007-WMC1 TRUST, Plaintiff (s) From JEAN WHITEHEAAD and MICHAEL R. WHITEHEAD (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 $176,333.93 L.L. Interest from 1/20/09 to Date of Sale per diem at $41.47 -- To be Determined Atty's Comm % Due Prothy $2.00 Atty Paid $1,163.35 Other Costs Plaintiff Paid Date: 11/12/09 Curtis R. 4Long, Protho otary (Seal) By: REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court 1D No. 56129 4 r 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 62421 FC CF: 11/05/2008 SD: 03/03/2010 $176,333.93 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD Mortgagor(s) and Record Owner(s) 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 08-6555 {" { F = `-"n . ?rn c i 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/competent adult (copy of return attached). ( ) 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. Respectfully submitted, _./ .l. .r a A'A' BY: Keith C. Halil Legal Secretary a. Q1 ? LL d C7) to y O C> %O>o m C" 0 °° o m ?o s s °3iMn o o ? ° i 7?T? C J ? W U) z V z • Z Q O U v c a . Y > U a ? d),5. c W o N m ?? nzV ?6 Li c E o) a - v °m 5 07 0 0011 = C xI _1: ym LL ~ > O o an Q v, Qm c LU w E a IL E J c " a O l a c t ?j U c L C m Q 0 a€ z w a m A ? ¢ w N '2 E fq (D c6 d w a? m m m ?rf ?N N C7 W a U U2o r D W a; V co aO M -W to .a m V c W W O C Z a p? N O g d o ZH T 2? O O O a oaf a O m E o ~I H ? m Quo o V o _ ?p 3a vp 3a d a Q zfn o ^ a oa N a 'Q d .4c aci Z co c o^ ?t mna X (D 0 womin LU a wraa m U) v, V Na -0 O 8 0 C' c?L) ows s0 0 =O as•o ? x ? ? Q o oi._ o x 1= ?E' _?Nin Ra- £ ?m°O wzm -, o c0?m w ¢? :2 t A m Q SSC; =O? sGM aw0 m 000 m ¢ = aa) m wv m 2 vs ui L) 3v.-s 3c?.-x U) z 0c)a0 amaa= 0 a? W F- a O N a? 0' p 0 O C J na 0 W U = E, z ??' a C _V 0) W z cV 06 uj s m a?a N Q ? cj W z FW YoWaC,4 '80 - uox-jm co mOW1246 z° N z EJF" _Jo 3§1 LL IQ Z 0 -? N C6 (O 2m U) N W '?p i 0 to s r V' ti CO J d C° ? t 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE Term No. 08-6555 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 247 Ridge Hill Road Mechanicsburg, PA 17050 1.Name and address of Owner(s) or Reputed Owner(s): JEAN WHITEHEAD C/O SCOTT A. DIETRICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 MICHAEL R. WHITEHEAD C/O SCOTT A. DIETTERICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 2. Name and address of Defendant(s) in the judgment: ti JEAN WHITEHEAD C/O SCOTT A. DIETRICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 MICHAEL R. WHITEHEAD C/O SCOTT A. DIETTERICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: SILVER SPRINGS TOWNSHIP 31 East Main Street P.O. Box 1001 New Kingston, PA 17072 TENANT/OCCUPANT 247 Ridge Hill Road Mechanicsburg, PA 17050 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 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. JAMES, SMITH, DIETTERICK, & CONNELLY, LLP 134 Sipe Ave Hummelstown, PA 17036 (attach separate sheet if more space is needed) r • R 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 11, 2010 GOLDBECK McCA ERTY & McKEEVER BY: Keith C. Halili Legal Secretary SKERIFF'S OFFICE OF CUMBERLAND COUN Y,? ?ru Ronny R Anderson HMI T Sheriff Jody S Smith 1010 APR 16 AM 9:22 Chief Deputy WL Edward L Schorpp "$E ,0 0"Ou m Solicitor =ul 3ENNSYLVW US Bank National Association vs. Case Number Jean R Whitehead (et al.) 2008-6555 SHERIFF'S RETURN OF SERVICE 12/21/2009 09:22 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 12-21-09 at 2115 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 Jean R. Whitehead, located at, 247 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 03/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 3, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael McKeever, on behalf of , being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ SHERIFF COST: $1,016.45 April 14, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ?Ng,oU (XL? '-e-J, Cd cl? 7 S3 g'lo R lcl I I Cew'TvSuite She ff, Teal r^, cfl. Inc. 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMCI TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff IN THE COURT OF COMMON PLEAS vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD (Mortgagor(s) and Record Owner(s)) 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-6555 AFFIDAVIT PURSUANT TO RULE 3129 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMCI TRUST, Plaintiff m 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: 247 Ridge Hill Road Mechanicsburg, PA 17050 1.Name and address of Owner(s) or Reputed Owner(s): JEAN WHITEHEAD C/O SCOTT A. DIETRICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 MICHAEL R. WHITEHEAD C/O SCOTT A. DIETTERICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 2. Name and address of Defendant(s) in the judgment: JEAN WHITEHEAD C/O SCOTT A. DIETRICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 MICHAEL R. WHITEHEAD C/O SCOTT A. DIETTERICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: SILVER SPRINGS TOWNSHIP 31 East Main Street P.O. Box 1001 New Kingston, PA 17072 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 TENANT/OCCUPANT 247 Ridge Hill Road Mechanicsburg, PA 17050 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. JAMES, SMITH, DIETTERICK, & CONNELLY, LLP 134 Sipe Ave Hummelstown, PA 17036 (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 10, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff 08-6555 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMCI TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD Mortgagor(s) and Record Owner(s) 247 Ridge Hill Road Mechanicsburg, PA 17050 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) Term No. 08-6555 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: WHITEHEAD, JEAN JEAN WHITEHEAD C/O SCOTT A. DIETRICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 Your house at 247 Ridge Hill Road, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $176,333.93 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: 08-6555 I . The sale will be cancelled if you pay to U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR ABFC 2007-WMC 1 TRUST, 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 may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foree losure/ 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 08-6555 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 fi-ee 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 888-325-3502 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(2goldbecklaw 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 62421 FC. Para informacion en espanol puede communicarse con Loretta a] 215-825-6344. ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by R.M. Benjamin R. E. dated May 9, 1972, as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a corner of lands now or late of Daniel Rogers; said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road; THENCE extending from said point of beginning and along the last mentioned lands, the 3 following courses and distances; 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2 South 17 degrees 18 minutes East a distance of 177.66 feet to a point and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a corner of lands now or late of Newton K. Delbert; THENCE extending along the last mentioned lands, a four following courses and distances; 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30 minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road; THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. PARCEL NO. 38-18-1346-010 PROPERTY ADDRESS: 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050 MUNICIPALITY: SILVER SPRINGS TOWNSHIP BEING the same premises which James T. Crawford and Carol A. Crawford, His Wife, by Indenture dated 06-01-72 and recorded 06-02-72 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book Q24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead. 08-6555 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMCI TRUST 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. JEAN WHITEHEAD MICHAEL R. WHITEHEAD Mortgagor(s) and Record Owner(s) 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-6555 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: WHITEHEAD, MICHAEL R. MICHAEL R. WHITEHEAD C/O SCOTT A. DIETTERICK ESQ 134 Sipe Avenue Hummelstown, PA 17036 Your house at 247 Ridge Hill Road, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $176,333.93 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMCI TRUST against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: 1 08-6555 1. The sale will be cancelled if you pay to U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR ABFC 2007-WMCI TRUST, the back payments, late charges, costs and reasonable attornev's tees 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 tiling 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 iaood 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 frill 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.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 08-6555 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 888-325-3502 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 c oldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 62421 FC. Para infon-nacion en espanol puede communicarse con Loretta al 215-825-6344. 1 ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by R.M. Benjamin R. E. dated May 9, 1972, as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a corner of lands now or late of Daniel Rogers; said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road; THENCE extending from said point of beginning and along the last mentioned lands, the 3 following courses and distances; 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2 South 17 degrees 18 minutes East a distance of 177.66 feet to a point and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a corner of lands now or late of Newton K. Delbert; THENCE extending along the last mentioned lands, a four following courses and distances; 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30 minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road; THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. PARCEL NO. 38-18-1346-010 PROPERTY ADDRESS: 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050 MUNICIPALITY: SILVER SPRINGS TOWNSHIP BEING the same premises which James T. Crawford and Carol A. Crawford, His Wife, by Indenture dated 06-01-72 and recorded 06-02-72 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book Q24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead. WRIT OF EXECUTION and/or ATTACHMENT • 41 COMMONWEALTH OF PENNSYLVANIA) NO 08-6555 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, As Trustee for ABFC 2007-WMC1 TRUST, Plaintiff (s) From JEAN WHITEHEAD and MICHAEL R. WHITEHEAD (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 $176,333.93 L.L. Interest from 1/20/09 to Date of Sale per diem at $41.47 -- To be Determined Atty's Comm % Due Prothy $2.00 Atty Paid $1,163.35 Other Costs Plaintiff Paid Date: 11/12/09 Curtis R. Long, Prot ono (Seal) By: Deputy REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 On November 24, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Silver Springs Township, Cumberland County, PA, Known and numbered 247 Ridge Hill Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 24, 2009 By: IsUtaioetloordinat r ??. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. 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 22, January 29, and Febru 5 2010 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. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 Notary C I OTARIAL SEAL DEBORAH A COLLINS NO1ary Public LCARLISLE BORO, CUMBERLAND COUNTY Commission Expires Apr 28, 2010 Writ No. 2008-6555 Civll Silver Spring Township VS. Jean R. Whitehead Michael R. Whitehead Atty: Michael McKeever ALL THAT CERTAIN piece or par- cel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described accord- ing to a survey by R.M. Benjamin R. E. dated May 9, 1972, as follows: BEGINNING at a point on or near the center- line of Ridge Hill Road at a corner of lands now or late of Daniel Rogers; said point being measured along the said Ridge Hill Road in a Westerly direction a distance of.2 of a mile from its intersection with the side of Locust Lane Road; THENCE extending from said point of begin- ning and along the last mentioned lands, the 3 following courses and distances; I. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2 South 17 degrees 18 minutes East a distance of 177.66 feet to a point and 3. South 68 de- grees 41 minutes West a distance of 181.94 feet to a point at a corner of lands now or late of Newton K. Del- bert; THENCE extending along the last mentioned lands, a four following courses and distances; 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.S feet to a point, 3. South 64 de- grees 30 minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road; THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 sec- onds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. PARCEL NO. 38-18-1346-010. PROPERTY ADDRESS: 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050. MUNICIPALITY: SILVER SPRINGS TOWNSHIP. _ BEING the same premises which James T. Crawford and Carol A. Crawford, His Wife, by Indenture dat- ed 06-01-72 and recorded 06-02-72 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book Q24, Page 601, granted and conveyed unto Michael R. White- head and Jean Whitehead. PROPERTY ADDRESS: 247 Ridge Hill Road, Mechanicsburg, PA 17050. ,,The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z4 e Patti* ot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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: 01/22/10 01/29/10 c: 02/05/10 .. .. .............. Sworn to a subscribed befor is 4 day of February, 2010 A.D. 1 Notary Public -? COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shenis L. Kisner, Notary Public City Of HarrisrAirg, Oauphin County MY COmrnhys - Fxplrae Nov. 26, 2011 Member, Pennsylvania Association of Notaries Docket Number: 2008-6555 Civil Term Silver Spring Township vs. Jean R Whitehead Michael R Whitehead Atty: Michael McKeever ALL THAT CERTAIN piece or parcel of land with the buildings. thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by R.M. Benjamin R. E..dated May 9, 1972, as follows: BEGINNING at a point on or near the center- line of Ridge Hill Road at a corner of lands now or late of Daniel Rogers; said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road; THENCE extending from said point of beginning and along the last mentioned lands, the 3 following courses and distances; I. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2 South 17 degrees 18 minutes East a distance of 177.66 feet to a point and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a comer of lands now or late of Newton K. Delbert; THENCE extending along the last mentioned lands, a four following courses and distances; 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 603 feet to a point, 3. South 64 degrees 30 minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road; THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. PARCEL NO. 38-18-1346-010 PROPERTY ADDRESS: 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050 MUNICIPALITY: SILVER SPRINGS TOWNSHIP BEING the same premises which James T. Crawford and Carol A. Crawford, His Wife, by Indenture dated 06-01-72 and recorded 06-02-72 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book Q24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead. PROPERTY ADDRESS: 247 Ridge Hill Road, Mechaiiicsburg, PA 17050 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ABFC 2007-WMC 1 TRUST TR is the grantee the same having been sold to said grantee on the 3RD day of MARCH A.D., 2010, under and by virtue of a writ Execution issued on the 12TH day of NOV, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 6555, at the suit of ABFC 2007-WMC1 TRUST TR against JEAN WHITEHEAD & MICHEL R is duly recorded as Instrument Number 201009446. IN TESTIMONY WHEREOF, I have here to set my hand and seal of said office this Z'41 day of A.D. ©/O Recorder of Deeds Recorderd dwhj1u C=%CxWM My Candulm Bout o F1*1b ftdJnX14