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Home My WebLink About08-6755GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF SELECT PORTFOLIO SERVICING, INC. 3815 South West Temple Salt Lake City, UT 84115 Plaintiff VS. RICHARD J. DRAG Mortgagor and Record Owner 117 Round Ridge Road Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CIVIL A T10 1 ?g7-GAGE No. 155 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. Sl USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) at 888-349-8955 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 7381717C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is SELECT PORTFOLIO SERVICING, INC., 3815 South West Temple, Salt Lake City, UT 84115. 2. The names and addresses of the Defendant is RICHARD J. DRAG, 117 Round Ridge Road, Mechanicsburg, PA 17055, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On November 15, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1977 Page 3895. The mortgage has been assigned to: SELECT PORTFOLIO SERVICING, INC. 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 June 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 ..................................................................................$221,356.31 Interest from 05/01/2008 through 10/31/2008 at 6.3750% .......................$7,012.53 Per Diem interest rate at $38.66 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph .................$11,067.82 Late Charges from 06/01/2008 to 10/31/2008 .............................................$227.25 Monthly late charge amount at $75.75 Costs of suit and Title Search ...................................................................... $900.00 $240,563.91 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "iinpersonam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this 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 Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $240,563.91, together with interest at the rate of $38.66, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF V. VERIFICATION I, . PAUL LANGFORr , 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: 1/3/(L (Y S ET PO OLIO SERVIC . PAUL LANGFORD Document Control Offlop, 0010673804 RICHARD J. DRAG 117 Round Ridge Road Mechanicsburg, PA 17055 ExhibitA Oct 20 2008 9:56AM HP LRSERJET 3330 P.6 -A-xCUNDULZ Legal Descriptions: All that certain property situated in the county of CUMBERLAND, and the COMOnwalth of PENNSYLVANIA, being described as follows: ALL THAT CERTAIN PIECE, PARCEL AND LOT OF LAND SITUATE AT THE SOUTH-EAST CORNER OF THE INTERSECTION OF ROLLING HILLS DRIVE AND ROUND RIDGE ROAD IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, AND BEING LOT NO. 95 ON THE FINAL SUBDIVISION PLAN OF BONMANS HILL, PHASE III, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 70, PAGE 39, AND BEING MORE FULLY BOUNDED AND DESCRIBEC AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERN RIGHT-OF-WAY LINE OF ROLLING HILLS DRIVE AT THE DIVIDING LINE OF LOT NO. 94 AND LOT NO. 93, HEREIN DESCRIBED THENCE BY SAID DIVIDING LINE SOUTH 23 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCES OF 100.00 FEET TO A POINT AT THE DIVIDING LINE OF LOT NO. 96 AND LOT no. 95, HEREIN DESCRIBED; THENCE BY SAID DIVIDING LINE SOUTH 67 DEGREES DO 14INUTU 00 SECONDS NEST A DISTANCE OF 111.70 FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE OF ROUND RIDGE ROAD) THENCE BY SAID RIGHT-OF-NAY LINE THE FOLLONINC TWO COURSES AND DISTANCES (1) BY A CURVE TO THE RIGHT HAVING A RADIUS OF 175.00 FEET AND AN ARC DISTANCE OF 77.51 FEET, THE CHORD OF SAID CURVE BEING NORTH 35 DEGREES 41 MINUTES 18 SECONDS NEE! A DISTANCE OF 76.88 FEET TO A POINT] AND (2) NORTH 23 DEGREES 00 MINUTES 00 SECONDS WEST D DISTANCE OF 13.00 FEET TO A POINT AT THE SOUTHERN TERMINUS OF A 12.00 FEET RADIUS CURVE CONNECTION THE EASTERN RIGHT-OF-;DAY LINE OF ROUND RIDGE ROAD TO THE SOUTHERN RIGHT-OF-NAY LINE OF ROLLING HILLS DRIVE; THENCE BY SAID CURVE TO THE RIGHT HAVING A RADIUS OF 12.00 FEET AND AN ARC DISTANCE OF 18.85 FEET, THE CHORD OF SAID CURVE BEING NORTH 22 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 16.97 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-WAY LINE NORTH 67 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 116.58 FEET TO A POINT, THE PLACE OF BEGINNING. FOR INFORMATIONAL PURPOSES ONLY: THE APN IS SHOWN BY THE COUNTY ASSESSOR AS 42-30-2112-062; SOURCE OF TITLE IS BOOK 252, PAGE 853 (RECORDED 06/13/02) 8K 1977PG391 1 ?171200a 1:28'40 PM CUMBERLAND COUNTY hatA 200646676 -Pop 17 of 1? ?hibit 0 Select Portfolio Servicing, Inc. PO BOX 9003 Temecula,CA 92589-9003 Payment Address: Select Portfolio Servicing, Inc. Attn: Remittance Processing P.O. Box 65450 Salt Lake City, UT 84165-0450 Correspondence Address: Select Portfolio Servicing, Inc. Customer Service P.O. Box 551170 Jacksonville, FL 32255-1170 IBM oil 7113 8257 1472 8176 7490 RICHARD J DRAG 117 ROUND RIDGE RD MECHANICSBURG, PA 17055 20080819-08 LRO84 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 1024-v8 08/15/2008 RICHARD J DRAG CERTIFIED MAIL 117 ROUND RIDGE RD 7113 8257 1472 8176 7490 MECHANICSBURG, PA 17055-9216 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Is an official notice that the mortnaae on vour home Is in default and the lender intends to foreclose Specific information about the nature of the default is Provided in the attached oases Aaencv. The name address and phone number of Consumer Credit Counseling Agencies serving you County are listed at the end of this Notice If you have any amstions you may wall the Pennsylvania Housina Finance Agency toll-fres at (800) 342-2397 Persons with impaired h a ina can call (717) 7801869This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUSTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROBRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA Homeowners Name: Property Address: Loan Acct. No.: Original Lender: Current Lender / Servicer: IN LRO64 RICHARD J DRAG, 117 ROUND RIDGE ROAD MECHANICSBURG, PA 17055 0010673804 Select Portfolio Servicing, Inc. 7113 8257 1472 8176 7490 Page 1 of 6 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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 consumer credit counseling agencies listed at the end of this Notice. THIS CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling 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 pro eg_rty 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 All out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU ST 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 filed bankruptcy you can still apply for Emergency Mortgage Assistance) LRO64 7113 8257 1472 8176 7490 Page 2 of 6 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: 117 ROUND RIDGE ROAD MECHANICSBURG, PA 17055 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: Payment of $1,515.04 per month due from 06101/2008 through 08/01/2008 payment (a total of 3 months): (Mortgage payment includes Escrow Payment of $0.00 per month): $4,545.12 Accrued Late Charges: $227.25 Non-SufficientFunds (NSF) / Return Check Fees $0.00 Escrow Advances for Hazard Insurance, Real Estate Taxes and/or Municipal Liens: $0.00 Other Advances (Property Preservation) $0.00 Funds On Account: ** Total Amount Due: $4,7772.3377 ** Funds on Account typically represent a partial payment of principal and interest received that cannot be applied to the loan. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not aonlicable): 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 $4,772.37, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to Select Portfolio Servicing, Inc. PO BOX 65450 Salt Lake City, UT 84165.0450 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' 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. is LR0B4 7113 8257 1472 8176 7490 Page 3 of 6 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 paying 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 six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: NAME OF LENDER: ADDRESS: PHONE NUMBER: FAX NUMBER: CONTACT PERSON: Select Portfolio Servicing, Inc. P.O. Box 65250 Salt Lake City, UT 84165-0250 (800) 635-9698 (801) 293-2600 Desiree Phillip 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 - Under the terms of your mortgage and note, it may be possible to 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 find out at any time if your loan is assumable by contacting your lender as provided herein. 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. • HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ¦ 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.) • ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. LR064 7113 8257 1472 8176 7490 Page 4 of 6 If you wish to dispute your delinquency, you may do so by providing a written dispute to SPS at the following address: Select Portfolio Servicing, Inc. Attention: Consumer Advocacy Department P.O. Box 551170 Jacksonville, FL. 32255 You also have the right to bring a court action if you claim that the loan is not in default or if you believe that you have any other defense to the acceleration and sale, including the failure to send proper notices of the acceleration and foreclosure sale. We are also required by law to inform you that if you notify us that you do not wish us to contact you by telephone at your place of employment, then no such contact by telephone will be made. If you are represented by an attorney, SPS will work with your attorney. We will also work with housing counselors, consumer debt counselors and other representatives with your written authorization. If you are represented by an attorney, this letter is being mailed to you to forward to your attorney. We will release information to your attorney without further authorization. If you wish to have information regarding you account provided to individuals or groups other than your attorney, your signed written authorization (including your social security number) is required. If foreclosure is initiated, additional amounts for attorney fees and costs may be incurred. These sums can be significant and will be added to amounts due. This may reduce your equity, if any, in the property. SPS provides consumer assistance programs designed to help resolve delinquencies and avoid foreclosures. These services are provided without cost to our customers. You may also be eligible for a loan workout plan or other similar solution. If you would like to learn more about these programs, you may contact a SPS representative at (888) 818-6032 during the following hours: Monday through Thursday, 9 a.m. to 10 p.m. Friday, 9 a.m. to 7 p.m. Saturday, 9 a.m. to 1 p.m. Eastern Time Sincerely, Select Portfolio Servicing, Inc. This is an attempt to collect a debt. Any Information obtained will be used for that purpose. LR064 7113 8257 1472 8176 7490 Page 5 of 6 APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 LR064 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Regan 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 7113 8257 1472 8176 7490 Page 6 of 6 G ?t ?rJ C= 2 Qr rm w ZE w SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06755 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELECT PROTFOLIO SERVICING INC VS DRAG RICHARD J R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DRAG RICHARD J but was unable to locate Him in his bailiwick. He therefore returns the /+/nn/MT T TTTT AfinDT L''nn the within named DEFENDANT 117 ROUND RIDGE ROAD DRAG RICHARD J NOT FOUND , as to MECHANICSBURG, PA 17055 GTVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge n So answers "v .?..j. 18.00 11.00 5.00 R. Tho ine 10.00 Sheriff of Cumberland County .00 44.00 GOLDBECK MCCAFFERTY MCKEEVER 12/03/2008 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06755 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SELECT PROTFOLIO SERVICING INC VS DRAG RICHARD J R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: DRAG RICHARD J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On December 3rd , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer Docketing 6.00 r? Out of County 9.00%., Surcharge 10.00 Thomas Kline Dep Dauphin Co 50.00 Sheriff of Cumberland County Postage 1.68 76.68 ? /allele ?^^ 12/03/2008 GOLDBECK MCCAFFERTY MCKEEVER Sworn and subscribe to before me this day of A. D. .ommon Pleas of Cumberland. County,,Pennsylvania vortfolio Servicing Inc vs. Richard J. Drag No. 08-6755 civil . November 19, 2008 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff of COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT County, PA 20 , at o'clock M. served the copy of the original the contents thereof. (Atfitt of t4esherfri Mary Jane Snder Real Estate Dep. William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin SELECT PORTFOLIO SERVICING INC. VS RICHARD J DRAG Sheriff s Return No. 2008-T-2405 OTHER COUNTY NO. 086755 And now: NOVEMBER 20, 2008 at 3:49:00 PM served the within COMPLAINT IN MECHANICS LIEN & NOTICE upon RICHARD J DRAG by personally handing to RICHARD J DRAG I true attested copy of the original COMPLAINT IN MECHANICS LIEN & NOTICE and making known to him/her the contents thereof at 101 HUNTLEY DRIVE HARRISBURG PA 17112 Sworn and subscribed to before me this 21 ST day of November, 2008 A#?W NOTARIAL SEAL. ARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Expires Sept 1 2010 So Answers, Sheriff of Dauphin C ty, Pa. By ?,. Deputy Sheriff Deputy: LISA BRESSLER Sheriffs Costs: $50 11/20/2008 R In.the Court of Common Pleas of Cumberland County SELECT PORTFOLIO SERVICING, INC. 3815 South West Temple Salt Lake City, UT 84115 Plaintiff vs. RICHARD J. DRAG (Mortgagor(s) and Record Owner(s)) 117 Round Ridge Road Mechanicsburg, PA 17055 Defendant(s) PRAECIPE FOR JUDGMENT No. 08-6755 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 RICHARD J. DRAG by default for want of an Answer. Assess damages as follows: Debt Interest from 01/27/2009 to Date of Sale per diem at $38.66 Total (Assessment of Damages attached) $244,252.34 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 ?-T- MUTT Michael WlMcfteever Attorney for Plaintiff I.D. #56129 AND NOW Judgment is entered in favor of SELECT PORTFOLIO SERVICING, IN C. and against RICHARD J. DRAG by default for want of an Answer and damages assessed in the sum of $244,252.34 as per the above certification. Pro onotary 00 'Ef lht 0 f ire Mara r Sn der William TuHy t Sofichor HwWwr& Pwnwivaoia 17101 pa: (717) 78044 Mc (717) 255-2689 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Chart Mice SELECT PORTFOLIO SERVICING INC. VS RICHARD J DRAG Sheriffs Return No. 2008-T-2405 OTHER COUNTY NO. 096755 And now: NOVEMBER 20, 2008 at 3:49:00 PM served the within COMPLAINT IN MECHANICS LIEN & NOTICE upon RICHARD J DRAG by personally handing to RICHARD J DRAG 1 true attested copy of the'original. COMPLAINT IN MECHANICS LIEN & NOTICE and making known to him/her the contents thereof at 101 HUrTfLEY DRIVE HARRISBURG PA 17112 Sworn and subscribed to before me this 21 ST day of November, 2008 Aiwx-*Al Ecc AWAL •At. JANE Mffi) . Nifty ? 1? n.owuld covow enmiaaion i 2uto So Answers, ? )(?41<- Sheriff of Dauphin mtyl P By +C:?' Deputy Sheriff Deputy LISA BRESSLER Sheriffs Costs: $5011/2012008 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, RICHARD J. DRAG, is about unknown years of age, that Defendant's last known residence is 101 Huntley Drive Harrisburg, PA 17112, 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: 11 aa Ion ffilaf?'FWWfk&.2 - 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 unworn falsification to authorities. 1. That the above named Defendant, RICHARD J. DRAG, is about unknown years of age, that Defendant's last known residence is 101 Huntley Drive Harrisburg, PA 17112, 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 kaM ffiN1dTNafl0J 73817FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEM nING TO COLLECT A DEBT OWED TO OUR CLIENT. ANYINFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: December 15, 2008 TO: RICHARD J. DRAG 117 Rand Ridge Road Meclwcab4ug, PA 17055 SELECT PORTFOLIO SERVICING, INC. 3815 South West Temple Salt Lake City, UT 84115 VS. RICHARD J. DRAG (Mortgagor(s) and Record owner(s)) 117 Round Ridge Road Mechanicsburg, PA 17055 TO: RICHARD L DRAG 117 Round Ridge Road Mechanic PA 17055 Plainteff De, fendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-6755 IMORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAUJM TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATIIORNEY AND FEE INWRTI1NG WITH THE COURT YOUR4DEFENSES OR OBJECTIONS TO THE CLAW 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 DeORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER, GO TO OR TELMHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THM 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 C UNGH iAND COLIM BAR ASSOCIATION 2 Marty Avow Cali k PA 17013 I83ALSMVKMSB C 8 kvnre Row Cale, PA 17013 7t7-243-9400 Michael T. GOLDBECK McCAFFERTY & McKEEVER BY. Michael T. McKeever, Esq. Attorney for Plaii3tiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 73817FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR.CLIENT. ANY INFORMATION OBTAIlVED FROM YOU WILL BE USED FOR THE: PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: December 1S, 2008 TO: RICHARD J. DRAG 101 Hunday Drive Harrift g, PA 17112 SELECT PORTFOLIO SERVICING, INC. . 3815 South West Temple Salt Lake City, UT 84115 VS. RICHARD L DRAG (Mortgagor(s) and Record Owner(s)) 117 Round Ridge Road Mechanicsburg, PA 17055 TO: RICHARD L DRAG 101 Huntley Drive Harrisburg, PA 17112 PfoiNiff Defendant(s) In the Court of Common Pleas of C m4berland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-6755 pieORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIITEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING ATM THE COURT YOUR DEFENSES OR OBJEC17IONS TO THE CLAIMS SET FORTH AGAINST YOU. UNIMS 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 DeORTANT 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 WrM INFORMATION ABOUT H RM A LAWYER. IF YOU CANNOT AFFORD TO KRE 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. CUMBERI AND COUNTY BAR ASSOCIATION 2 I i=W Avenue Cafilk PA 17013 IECiAI. S[s1tVM INC & kvbw Itow Car de, PA 17013 717-243-W Michael I Mcl?eevver GOLDBECK McCAFFERTY do McKEEVER BY: Michacl T. McKcem, Esq. Attomey for Plain iff Suite 5000 - 701 Madwt Shvet. Philadelphia, PA 19106 215-825-6318 . 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 SELECT PORTFOLIO SERVICING, INC. 3815 South West Temple Salt Lake City, UT 84115 vs. RICHARD J. DRAG (Mortgagor(s) and Record owner(s)) 117 Round Ridge Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS Plaintiff Defendant(s) of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 08-6755 ORDER FOR JUDGMENT Please enter Judgment in favor of SELECT PORTFOLIO SERVICING, INC., and against RICHARD J. DRAG for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $244,252.34. AA I MAN A ? -I- Mry p ] 1A I A J1AJL6 I I I I I A A I 14JU Michael T. McKeever Attorney for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is SELECT PORTFOLIO SERVICING, INC. 3815 South West Temple Salt Lake City, UT 84115 and that the name(s) and last known address(es) of the Defendant(s) is/are RICHARD J. DRAG, 101 Huntley Drive Harrisburg, PA 17112; XAW 1• ft"ML GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $221,356.31 Interest from 05/01/2008 through $10,322.21 01/22/2009 Reasonable Attorney's Fee $11,067.82 Late Charges $606.00 Costs of Suit and Title Search $900.00 Escrow Payments Due 7 X $0.00 $0.00 $244,252.34 GOLDBECK MCCAFFER & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff AND NOW, this aPd day of re,6. , 2009 damages are assessed as above. Pro thy 4, i r:tt= t N t 3 V Z7 Z 13 _ } rox IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SELECT PORTFOLIO SERVICING, INC. 3815 South West Temple Salt Lake City, UT 84115 Plaintiff vs. RICHARD J. DRAG (Mortgagors and Record Owner(s)) 117 Round Ridge Road Mechanicsburg, PA 17055 Defendant(s) No. 08-6755 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 Werdagainstyou. uProBy: Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff SELECT PORTFOLIO SERVICING, INC. 3815 South West Temple Salt Lake City, UT 84115 VS. RICHARD J. DRAG Mortgagor(s) and Record Owner(s) 117 Round Ridge Road Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-6755 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 01/27/2009 to Date of Sale per diem at $38.66 (Costs to be added) $244,252.34 Sha?T-maA-, GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff CU U r ? ? 3'00 00 O ? .d P4 Q N O ? W Q 7 00 r'+ Pq M H 0 O U ,? U ? W H e-1)af. C7 .c O V O o d W? c? O Q t7 H? ?i U U C) N •? N N L? 6' ? 0? ?tf V ?i -?r ALL THAT CERTAIN PROPERTY SITUATED IN THE COUNTY OF CUMBERLAND, AND THE COMMONWEALTH OF PENNSYLVANIA, BEING DESCRIBED AS FOLLOWS: ALL THAT CERTAIN PIECE, PARCEL AND LOT OF LAND SITUATE AT THE SOUTH-EAST CORNER OF THE INTERSECTION OF ROLLING HILLS DRIVE AND ROUND RIDGE ROAD IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, AND BEING LOT NO. 95 ON THE FINAL SUBDIVISION PLAN OF BOWMANS HILL, PHASE III, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 70, PAGE 39, AND BEING MORE FULLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERN RIGHT-OF-WAY LINE OF ROLLING HILLS DRIVE AT THE DIVIDING LINE OF LOT NO. 94 AND LOT NO. 95, HEREIN DESCRIBED; THENCE BY SAID DIVIDING LINE SOUTH 23 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 100.00 FEET TO A POINT AT THE DIVIDING LINE OF LOT NO. 96 AND LOT NO.95, HEREIN DESCRIBED; THENCE BY SAID DIVIDING LINE SOUTH 67 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 111.70 FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE OF ROUND RIDGE ROAD; THENCE BY SAID RIGHT-OF-WAY LINE THE FOLLOWING TWO COURSES AND DISTANCES (1) BY A CURVE TO THE RIGHT HAVING A RADIUS OF 175.00 FEET AND AN ARC DISTANCE OF 77.51 FEET. THE CHORD OF SAID CURVE BEING NORTH 35 DEGREES 41 MINUTES 18 SECONDS WEST A DISTANCE OF 76.88 FEET TO A POINT; AND (2) NORTH 23 DEGREES 00 MINUTES 00 SECONDS WEST 0 DISTANCE OF 13.00 FEET TO A POINT AT THE SOUTHERN TERMINUS OF A 12.00 FEET RADIUS CURVE CONNECTION THE EASTERN RIGHT-OF-WAY LINE OF ROUND RIDGE ROAD TO THE SOUTHERN RIGHT-OF-WAY LINE OF ROLLING HILLS DRIVE; THENCE BY SAID CURVE TO THE RIGHT HAVING A RADIUS OF 12.00 FEET AND AN ARC DISTANCE OF 18.85 FEET, THE CHORD OF SAID CURVE BEING NORTH 22 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 16.97 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-WAY LINE NORTH 67 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 116.58 FEET TO A POINT, THE PLACE OF BEGINNING. FOR INFORMATIONAL PURPOSES ONLY: THE APN IS SHOWN BY THE COUNTY ASSESSOR AS 42-30-2112-062; SOURCE OF TITLE IS BOOK 252, PAGE 853 (RECORDED 06/13/02) 117 ROUND RIDGE ROAD, MECHANICSBURG, PA 17055 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 SELECT PORTFOLIO SERVICING, INC. 3815 South West Temple Salt Lake City, UT 84115 Plaintiff vs. RICHARD J. DRAG (Mortgagor(s) and Record Owner(s)) 117 Round Ridge Road Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-6755 AFFIDAVIT PURSUANT TO RULE 3129 SELECT PORTFOLIO SERVICING, INC., Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 117 Round Ridge Road Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): RICHARD J. DRAG 101 Huntley Drive Harrisburg, PA 17112 2. Name and address of Defendant(s) in the judgment: RICHARD J. DRAG 101 Huntley Drive Harrisburg, PA 17112 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 117 Round Ridge Road. Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements shade 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 22, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff `- C=? r ?' tl=iy ej j ?; ? ? ?. ??y ???t ?) "y t ? h. ..J!/ `? ?1 Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff SELECT PORTFOLIO SERVICING, INC. 3815 South West Temple Salt Lake City, UT 84115 Plaintiff VS. RICHARD J. DRAG Mortgagor(s) and Record Owner(s) 117 Round Ridge Road Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 08-6755 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. Ak i CIA ? A 0 -T- t rJUJ)A Mic el T. McKeever Attorney for plaintiff ? ? ::r, ?? - : , ? ? ? ? . ?? ? 1 ?? .G.. "? ?1 ? r.y y ;t ??_- ?'"J _-? ,r." ?? ? ? v'J ASP 08-6755 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 SELECT PORTFOLIO SERVICING, INC. 3815 South West Temple Salt Lake City, UT 84115 Plaintiff vs. RICHARD J. DRAG Mortgagor(s) and Record Owner(s) 117 Round Ridge Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-6755 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: DRAG, RICHARD J. RICHARD J. DRAG 101 Huntley Drive Harrisburg, PA 17112 Your house at 117 Round Ridge Road, Mechanicsburg, PA 17055 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 $244,252.34 obtained by SELECT PORTFOLIO SERVICING, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to SELECT PORTFOLIO SERVICING, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Corot to postpone the sale -for good cause. 08-6755 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 B 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 Rhagdelphiafed Wjforeclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 . 08-6755 Resources. available for Homeowners in Foreclosure ACT NOW! Even though your'lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud. 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 bft://www.phfa.or&Lconsumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 888-349-8955 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionagoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 73817FC. 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 08-6755 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SELECT PORTFOLIO SERVICING, INC., Plaintiff (s) From RICHARD J. DRAG (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 $244,252.34 L.L. $.50 Interest from 1/27/09 to Date of Sale per diem at $38.66 Atty's Comm % Due Prothy $2.00 Atty Paid $239.68 Other Costs to be added Plaintiff Paid Date: 2/02/09 Curtis R. Lo , Prothono ry (Seal) By: REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court ID No. 56129 ?? r In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-6755 Civil Term Select Portfolio Servicing, Inc. Vs Richard J. Drag R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant(s) to wit: Richard J. Drag but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Dauphin County Return - And now, 23rd day of February 2009, served the within Real Estate Writ, Notice of Sale and Description upon Richard J. Drag the defendant, by making known unto Rose Drag, Mother, and adult in charge at 101 Huntley Drive, Harrisburg, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: J.R. Lotwick, Sheriff of Dauphin County, Pennsylvania. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0919 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property Richard J. Drag, located at, 117 Round Ridge 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 defendant, to wit Richard J. Drag, by regular mail to his last known address of, 117 Round Ridge Road, Mechanicsburg, PA 17055. This letter was mailed under the date of April 2, 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 4,427.13 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 9.00 Levy 15.00 Surcharge 30.00 Deputize Dauphin County 49.25 jr jv Out of County Law Journal Patriot News Share of bills So Answers, R. Thomas Kline, Sheriff By dt?cv(? o,LYA?---I Real Estate Coordinator 9.00 431.00 450.48 15.43 $ 5,498.79 MOO o g s) Ck. (9 93 ? 1 a G 3a/ 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 SELECT PORTFOLIO SERVICING, INC. 3815 South West Temple Salt Lake City, UT 84115 Plaintiff VS. RICHARD J. DRAG (Mortgagor(s) and Record Owner(s)) 117 Round Ridge Road Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-6755 AFFIDAVIT PURSUANT TO RULE 3129 SELECT PORTFOLIO SERVICING, INC., Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 117 Round Ridge Road Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): RICHARD J. DRAG 101 Huntley Drive Harrisburg, PA 17112 2. Name and address of Defendant(s) in the judgment: RICHARD J. DRAG 101 Huntley Drive Harrisburg, PA 17112 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the fast recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 117 Round Ridge Road. Mechanicsburg, PA 17455 (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 22, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff . e 08-6755 GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff SELECT PORTFOLIO SERVICING, INC. 3815 South West Temple Salt Lake City, UT 84115 Plaintiff VS. RICHARD J. DRAG Mortgagor(s) and Record Owner(s) 117 Round Ridge Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-6755 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: DRAG, RICHARD J. RICHARD J. DRAG 117 Round Ridge Road Mechanicsburg, PA 17055 Your house at 117 Round Ridge Road, Mechanicsburg, PA 17055 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 $244,252.34 obtained by SELECT PORTFOLIO SERVICING, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to SELECT PORTFOLIO SERVICING, INC., the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 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. • s 3. You may also be able to stop the sale through other legal proceedings 08-6755 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 f 08-6755 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website: htip://www.phfa.org/consumers/homeowners/real.asRx. 5). Call the Plaintiff (your lender) at 888-349-8955 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionAgoldbecklaw.com. Call Judy 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 73817FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. ALL THAT CERTAIN PROPERTY SITUATED IN THE COUNTY OF CUMBERLAND, AND THE COMMONWEALTH OF PENNSYLVANIA, BEING DESCRIBED AS FOLLOWS: ALL THAT CERTAIN PIECE, PARCEL AND LOT OF LAND SITUATE AT THE SOUTH-EAST CORNER OF THE INTERSECTION. OF ROLLING HILLS DRIVE AND ROUND RIDGE ROAD IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, AND BEING LOT NO. 95 ON THE FINAL SUBDIVISION PLAN OF BOWMANS HILL, PHASE III, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 70, PAGE 39, AND BEING MORE FULLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERN RIGHT-OF-WAY LINE OF ROLLING HILLS DRIVE AT THE DIVIDING LINE OF LOT NO. 94 AND LOT NO. 95, HEREIN DESCRIBED; THENCE BY SAID DIVIDING LINE SOUTH 23 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 100.00 FEET TO A POINT AT THE DIVIDING LINE OF LOT NO. 96 AND LOT NO.95, HEREIN DESCRIBED; THENCE BY SAID DIVIDING LINE SOUTH 67 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 111.70 FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE OF ROUND RIDGE ROAD; THENCE BY SAID RIGHT-OF-WAY LINE THE FOLLOWING TWO COURSES AND DISTANCES (1) BY A CURVE TO THE RIGHT HAVING A RADIUS OF 175.00 FEET AND AN ARC DISTANCE OF 77.51 FEET. THE CHORD OF SAID CURVE BEING NORTH 35 DEGREES 41 MINUTES 18 SECONDS WEST A DISTANCE OF 76.88 FEET TO A POINT; AND (2) NORTH 23 DEGREES 00 MINUTES 00 SECONDS WEST 0 DISTANCE OF 13.00 FEET TO A POINT AT THE SOUTHERN TERMINUS OF A 12.00 FEET RADIUS CURVE CONNECTION THE EASTERN RIGHT-OF-WAY LINE OF ROUND RIDGE ROAD TO THE SOUTHERN RIGHT-OF-WAY LINE OF ROLLING HILLS DRIVE; THENCE BY SAID CURVE TO THE RIGHT HAVING A RADIUS OF 12.00 FEET AND AN ARC DISTANCE OF 18.85 FEET, THE CHORD OF SAID CURVE BEING NORTH 22 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 16.97 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-WAY LINE NORTH 67 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 116.58 FEET TO A POINT, THE PLACE OF BEGINNING. FOR INFORMATIONAL PURPOSES ONLY: THE APN IS SHOWN BY THE COUNTY ASSESSOR AS 42-30-2112-062; SOURCE OF TITLE IS BOOK 252, PAGE 853 (RECORDED 06/13/02) 117 ROUND RIDGE ROAD, MECHANICSBURG, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-6755 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SELECT PORTFOLIO SERVICING, INC., Plaintiff (s) From RICHARD J. DRAG (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 gamishee(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 $244,252.34 L.L. $.50 Interest from 1/27/09 to Date of Sale per diem at $38.66 Atty's Comm % Due Prothy $2.00 Atty Paid $239.68 Plaintiff Paid Date: 2/02/09 (Seal) Other Costs to be added urtis R. Og, onotar By: Deputy REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale # 41 On February 13, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 117 Round Ridge Road, Mechanicburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. s Date: Feb 3?,t0 ' By: 8Z =b d 1933 b001 L? u U y Y V 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. Marie Coyne, SWORN TO AND SUBSCRIBED before me this day of May. 2009 J';? (7=:? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 ROW. MATS 0AL19 100. 41 Writ No. 2008-6755 Civil Select Portfolio Servicing, Inc. vs. Richard J. Drag Atty.: Michael T. McKeever ALL THAT CERTAIN property situ- ated in the County of Cumberland, and the Commonwealth of Pennsyl- vania, being described as follows: ALL THAT CERTAIN piece parcel and lot of land situate at the south- east corner of the intersection of Rolling Hills Drive and Round Ridge Road in the Township of Upper Allen, County of Cumberland, Common- wealth of Pennsylvania, and being Lot No. 95 on the Final Subdivision Flan of Bowmans Hill, Phase III, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 70, Page 39, and being more fully bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Rolling Hills Drive at the dividing line of Lot No. 94 and Lot No. 95, herein de- scribed; thence by said dividing line South 23 degrees 00 minutes 00 sec- onds East a distance of 100.00 feet to a point at the dividing line of Lot No. 96 and Lot No. 95, herein described; thence by said dividing line South 67 degrees 00 minutes 00 seconds West a distance of 111.70 feet to a point on the eastern right-of-way line of R, d Rime Road; thorax by amid rtt-of-way line the foltd two courses and distances (1) by a e ve to the right having a racKua at rt uo feet aped an arc distance o(77.31 bet. The chord of sadd curve baft Path 35 degrees 41 minutes IS s2tands West a distance of 76.88 feet to a point; and (2) North 23 degrees 00 minutes 00 seconds West 0 distance of 13.00 feet to a point at the south- em terminus of a 12.00 feet radius curve connection the eastern right-of- way line of Round Ridge Road to the southern right-of-way line of Rolling Hills Drive; thence by said curve to the right having a radius of 12.00 feet and an arc distance of 18.85 feet, the chord of said curve being North 22 degrees 00 minutes 00 seconds East a distance of 16.97 feet to a point on the southern right-of-way line North 67 degrees 00 minutes 00 seconds East a distance of 116.58 feet to a point, the place of BEGINNING. FOR INFORMATIONAL PURPOS- ES ONLY: The APN is shown by the County Assessor as 42-30-2112-062; source of title is Book 252, Page 853 (recorded 06/13/02). 117 ROUND RIDGE ROAD, ME- CHANICSBURG, PA 17055. ;The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 7117-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4ePatriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 4 04/24/09 05/01/09 This ad ran on the date(s) shown below: _ .'. .............. Sworn to an scribed before me this 12 day of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal 8hw t® L. Itisner, Notary Pubic City Of Harrisburg, Dauphin County Mfr CAmmfwion E)Ores Nov. 26, 2011 05/08/09 Member, Pennsylvania Association of Notaries Real EeWe Sala No. 41 Wr1t No. CivilTerm S~ Portfolio Servicing, Inc. VS Richard J. Drag Attorney Michael T. McKeever LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY SITUATED IN THE COUNTY OF CUMBERLAND, AND THE COMMONWEALTH OF PENNSYLVANIA, BEING DESCRIBED AS FOLLOWS: ALL THAT CERTAIN PIECE, PARCEL AND LOT OF LAND SITUATE AT THE SOUTH- EAST CORNER OF THE INTERSECTION OF ROLLING HILLS DRIVE AND ROUND RIDGE ROAD IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, AND BEING LOT NO, 95 ON THE FINAL SUBDIVISION PLAN OF BOWMANS HILL, PHASE III, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 70, PAGE 39, AND BEING MORE FULLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERN RIGHT-OF-WAY LINE OF ROLLING HILLS DRIVE AT THE DIVIDING LINE OF LOT NO, 94 AND LOT NO. 95, HEREIN DESCRIBED; THENCE BY SAID DIVIDING LINE SOUTH 23 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 100.00 FEET TO A POINT AT THE DIVMG LINE OF LM NO. 96 AND LOT NO. 95i NOW DESCRUM; 111M By SAID DMDINfi LIVE SOUTH 67 DBOREES 00 MROM 00 WQNDS WEST A DISTANCE OF 111.70 FEET TO A POINT ONTHE EASTERN RIGHT-OF-WAY LINE OF ROUND RIDGE ROAD; THENCE BY SAID RIGHT-OF-WAY LINE THE FOLLOWING TWO COURSES AND DISTANCES (1) BY A CURVE TO THE RIGHT HAVING A RADIUS OF 175.00 FEET AND AN ARC DISTANCE OF 77.51 FEET. THE CHORD OF SAID CURVE BEING NORTH 35 DEGREES 41 MINUTES 18 SECONDS WEST A DISTANCE C'F 76.88 FEET TO A POINT; AND (2) NORTH 23 DEGREES 00 MINUTES 00 SECONDS WEST 0 DISTANCE OF 13.00 FEET TO A POINT AT THE SOUTHERN TERMINUS OF A 12.00 FEET RADIUS CURVE CONNECTION THE EASTERN RIGHT-OF-WAY LINE OF ROUND RIDGE ROAD TO THE SOUTHERN RIGHT-OF-WAY LINE OF ROLLING HILLS DRIVE; THENCE BY SAID CURVE TO THE RIGHT HAVING A RADIUS OF 12.00 FEET AND AN ARC DISTANCE OF 18.85 FEET, THE CHORD OF SAID CURVE BEING NORTH 22 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 16.97 FEET TO A POINT ON THE SOUTHERN RIGHT OF-WAY LINE NORTH 67 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 116.58 FEET TO A POINT, THE PLACE OF BEGINNING. FOR INFORMATIONAL PURPOSES ONLY: THE APN IS SHOWN BY THE COUNTY ASSESSOR AS 42-30-2112-062; SOURCE OF TITLE 1S BOOK 252, PAGE 853 (RECORDED 06/13/02) 117 ROUND RIDGE ROAD, MECHANICSBURG, PA 17055 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 for Plaintiff SELECT PORTFOLIO SERVICING, INC. 3815 South West Temple Salt Lake City, UT 84115 Plaintiff VS. RICHARD J. DRAG 117 Round Ridge Road Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-6755 PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. 1P'j AEL T. MCKEEVER, ESQUIRE FILE j 1 OF THE Fa" TP?,RY 2009 JUil 17 PM 12: 2 0 i= r-i+` ' ? • i?';',.? ref ?? ra