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HomeMy WebLinkAbout08-6964GOLDBECK 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 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 IN THE COURT OF COMMON PLEAS Plaintiff vs. REBECCA J. WAGNER HANK W. WAGNER Mortgagors and Record Owners 240 Mcallister Church Road Carlisle, PA 17013 Defendants OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE L// Ud/ l Term N D?-l1?lCt'?? L.r VIL ACTION: MO"TSAQE NOTICE Fr j You have been sued in court. If you wish to defend againttLclgl(DgoV$wing pages, you must take action within twenty (20) days after the Complaint ate??ed, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website ft://www.Dhfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(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 75111FC. 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 Plaintiff is GMAC MORTGAGE,. LLC, 3451 Hammond Avenue, Waterloo, IA 50702. 2. The names and addresses of the Defendants are REBECCA J. WAGNER, 240 Mcallister Church Road, Carlisle, PA 17013 and HANK W. WAGNER, 240 Mcallister Church Road, Carlisle, PA 17013, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On August 28, 2007 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Instrument#: 200734094. The mortgage has been assigned to: GMAC MORTGAGE, LLC 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 August 01, 2008 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$140,915.17 Interest from 07/01/2008 through 11/30/2008 at 7.5000% .......................$4,429.34 Per Diem interest rate at $28.95 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$7,045.76 Late Charges from 08/01/2008 to 11/30/2008 .............................................$198.56 Monthly late charge amount at $49.64 Costs of suit and Title Search ......................................................................$900.00 Escrow Advance ..........................................................................................$282.47 Property Inspection Fee .................................................................................$22.50 Unapplied Funds ........................................................................................ ($700.00) Monthly Escrow amount $326.26 $153,093.80 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 terris judgment in mortgage foreclosure in the sum of $153,093.80, together with interest at the rate of $28.95, 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 Mort ge and Sheriff ale of the Property. By: OLDBECK McCAFFE T & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF K n0`nen Wilson VERIFICATION limilea Signing Officer 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 1 a. C.S. 4904 relating to unsworn falsification to authorities. GMAC Mortgage, LLC Date: 11J f/k/a GMAC Mortgage Corporation GMAC MORTGAGE CORPORATION Kristine Wilson Limited Signing Officer #75111FC REBECCA J. WAGNER and HANK W. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 EXhibitA TRACT NO. 1: ALL THAT CERTAIN piece or parcel of land, situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by D.P. Raffensperger, Registered Surveyor, dated March 5, 1962, as follows: BEGINNING at a point in the center of the Public Road leading from the Newville Road to the Ritner Highway (Township Road No. T-482) along lands formerly of Leroy E. Worley, Jr., now or formerly of Arthur L. Mort South 86 degrees 15 minutes West, 221 feet to a stake; thence along lands now or formerly of the Elliott Estate North 04 degrees 08 minutes East, 89 feet to a stake; thence along lands now or formerly of E. H. Gregor North 89 degrees 21 minutes East, a distance of 219.5 feet to a point in the center of the Public Road above described; thence by center of the above Public Road South 04 degrees West, 77 feet to a point, the place of BEGINNING. CONTAINING .417 of an acre of land, more or less. BEING THE SAME PREMISES which Leroy Edward Worley, Sr. and Mildred Gladys Worley, his wife, by Deed dated April 4, 1962 and recorded Aril 9, 1962 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in D Book M-20, Page 216, granted and conveyed unto Richard Edward O'Brian and Lillian C. O'Brian, NO wife, Grantors herein. TRACT NO. 2; ALL THAT CERTAIN lot f ground situate in the Village of Eiliottson, Township of West Pennsboro, County of Cumberland and Sate of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western sille of a public road, which point is also the comer of property now or formerly of Arthur L. Mort et ux; thencel in a Westerly direction along property now or formerly of Arthur L. Mort et ux, a distance of 198 feet to a ke in line of land now or late of the Elliott Estate; thence in a Northerly direction along land now or foerly of Elliott Estate, a distance of 15 feet to a stake to line of lands now or formerly of Leroy E. Worley„ Sr., et ux; thence in an Easterly direction along land now or formerly of Leroy E. Worley, Sr., et ux; a Qistance of 198 feet to a point on the Western side of said public road; thence in a Southerly direction alono the Western side of that road a distance of 15 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a one stgry frame and stone dwelling known and numbered as 240 McAllister Church Road, Carlisle, Pennsylvania. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements and right of ways of record. THE SAID Richard Edward O'Brien died ion November 17, 2001 thereby vesting title in Lillian C. O'Brien as surviving tenant of the Tenants by the Entiretles. THE SAID Lillian C. O'Brien died on Jangary 20, 2007. Letters Testamentary were granted to Michael E. O'Brien on February 1, 2007 and filed to state No. 21-2007-0101. BEING THE SAME PREMISES which E slate of Lillian C. O'Brien, by her deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland, granted and conveyed unto Harold W. Wagner and Rebecca J. Wagner. ?hibit B GMAC Mortgage, LLC 3451 Hammond Avenue Waterloo JA 50702 Date: 10/02/08 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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 vales The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice exvlains how the program works. To see if HEMAP can heb. 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 Counselin¢ Agency. The name, address and vhone number of Consumer Credit Counseling Agencies serving vour 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 (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 an attorney in your area. The local bar association may be able to help you rind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: REBECCA J WAGNER 240 MCALLISTER CHURCH ROAD CARLISLE PA 17013 0475165304 GMAC Mortgage, LLC GMAC Mortgage, LLC 3451 Hammond Avenue Waterloo JA 50702 Date: 10/02/08 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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 eases. 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 Agencv. 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 (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 an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: HANK W WAGNER 240 MCALLISTER CHURCH ROAD CARLISLE PA 17013 0475165304 GMAC Mortgage, LLC HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE ACT ), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to 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 MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. 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 face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (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.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it un to date). NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property located at 240 MCALLISTER CHURCH ROAD CARLISLE PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 08/01/08 through 10/01/08. See attached Exhibit for payment breakdown. Monthly Payments $ 3949.71 Late Charges $ 148.92 NSF $ 0.00 Inspections $ 11.25 Other (Default Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 700.00 TOTAL AMOUNT PAST DUE: $ 3409.88 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): 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 $ 3409.88, 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 or certified check made pavable and sent to: GMAC Mortgage, LLC ATTN: Payment Processing 3451 Hammond Avenue Waterloo , IA 50702 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable 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 uronerty. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s 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) DAYS veriod, you will not be required to Pay attorney s fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF S SALE If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by 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 Sheriff s 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 Sheriff s 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: GMAC Mortgage, LLC ATTN: Loss Mitigation Address: 2711 North Haskell Ave. Suite 900 Dallas, TX 75204 Phone Number: 800-850-4622 Fax Number: 800-211-3561 Contact Person: Collection Department EFFECT OF SHERIFF S SALE You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE You MAY or MAY NOT 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 PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE 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 LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-8504622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5041 EXHIBIT 08/01/08 through 10/01/08 Mo. Pmt. Amt. $ 1316.57 ?y u; rLR l../ 1 L7 ?? 5.?7 9 ._,rl ? V?? CASE NO: 2008-06964 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS WAGNER REBECCA J ET AL TIMOTHY R BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WAGNER REBECCA J the DEFENDANT , at 0017:30 HOURS, on the 5th day of December-, 2008 at 240 MCALLISTER CHURCH RD CARLISLE, PA 17013 by handing to HANK W WAGNER DEFENDANT 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 18.00 Service 4.50 Affidavit .00 Surcharge 10.00 .00 is faa?oF ??? 32.50 So Answers: R. Thomas Kline 12/08/2008 GOLDBECK MCCAFFERTY & MCKEEVER Sworn and Subscibed to By: / before me this day eputy Sheriff of , A.D. . . CASE NO: 2008-06964 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS WAGNER REBECCA J ET AL TIMOTHY R BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon 111 -1-- TTTNTT? T.T the DEFENDANT , at 0017:30 HOURS, on the 5th day of December , 2008 at 240 MCALLISTER CHURCH RD CARLISLE, PA 17013 by handing to HANK W WAGNER ADULT IN CHARGE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ?/? ???F `?" ? 16. 00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 12/08/2008 GOLDBECK MCCAFFERTY & MCKEEVER By: • 7?-'? eputy Sheriff A. D. In the Court of Common Pleas of Cumberland County GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. REBECCA J. WAGNER HANK W. WAGNER (Mortgagor(s) and Record Owner(s)) 240 Mcallister Church Road Carlisle, PA 17013 Plaintiff Defendant(s) PRAECIPE FOR JUDGMENT Michael T. cKeevei Attorne or Plaintiff I.D. #X129 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 REBECCA J. WAGNER and HANK W. WAGNER by default for want of an Answer. Assess damages as follows: Debt Interest from 02/10/2009 to Date of Sale per diem at $28.95 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM I certify that written notice of the intention to file this praecipe was mailed or delivered to is to be entered and to his attorney of record, if any, after the default occurred and at least, filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 AND NOW R°_6 16'k _C9.0 GMAC MORTGAGE, LLC and against REBECCA J. WAGNER Answer and damages assessed in the sum of $156,276.95 as per th No. 08-6964 $156,276.95 ys ALLEGED TO whom judgment the date of the , Judgment is entered in favor of ANK W. WAGNER by default for want of an abo?certi ation. ary 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, REBECCA J. WAGNER, is about unknown years of age, that Defendant's last known residence is 240 Mcallister Church Road Carlisle, PA 17013, and is engaged in the unknown business located at unknown 2. That Defendant is not in the Military or Naval ServyEeXf the United States or its Allies, or otherwise within the provisions of the Soldiers' ,dilors' Civil Relief Action of Congress of 1940 and its Amendments. Date: 75111FC 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 REBECCA J. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. REBECCA J. WAGNER HANK W. WAGNER (Mortgagor(s) and Record Owner(s)) 240 Mcallister Church Road Carlisle, PA 17013 Defendant(s) TO: REBECCA J. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 DATE OF THIS NOTICE: December 30, 2008 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-6964 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 75111FC 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: HANK W. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. REBECCA J. WAGNER HANK W. WAGNER (Mortgagor(s) and Record Owner(s)) 240 Mcallister Church Road Carlisle, PA 17013 Defendant(s) TO: HANK W. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 DATE OF THIS NOTICE: December 30, 2008 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-6964 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 07/01/2008 through 02/09/2009 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 3 X $326.26 Escrow Advance Property Inspection Fee Unapplied Funds $140,915.17 $6,484.79 $7,045.76 $347.48 $900.00 $978.78 $282.47 $22.50 ($700.00) $156,276.95 GOLDBECK McC F Y/& BY: Michael cKeever Attorney for PT intiff AND NOW, this 10k day of F? 2009 d Iuages are assessed as above. Pr rothy C rr, -r} Ctl r d y r Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. REBECCA J. WAGNER HANK W. WAGNER (Mortgagors and Record Owner(s)) 240 Mcallister Church Road Carlisle, PA 17013 Defendant(s) No. 08-6964 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 Prothonot 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 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 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. Plaintiff IN THE COURT OF COMMON PLEAS REBECCA J. WAGNER HANK W. WAGNER Mortgagor(s) and Record Owner(s) 240 Mcallister Church Road Carlisle, PA 17013 TO THE PROTHONOTARY: Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-6964 PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: Interest from 02/10/2009 to Date of Sale per diem at $28.95 Amount Due (Costs to be added) $156,276.95 GOLDBECK CAFFERTY & McKEEVER BY: Michae . McKeever Attorney r Plaintiff v v G a a> d ? ? O '? a?i A ? g. y d, M ? Q (? t 3 ?' 'CS N a ? GC "CS ? o W C? d ?r R i C G G oo mp O ._.?? W? ?n c ? U? o? W W ? a x 1- V' I' s ti v -77 o ... 91 N o? Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 IN THE COURT OF Plaintiff COMMON PLEAS vs. of Cumberland County REBECCA J. WAGNER HANK W. WAGNER CIVIL ACTION - LAW Mortgagor(s) and Record Owner(s) 240 Mcallister Church Road ACTION OF Carlisle, PA 17013 MORTGAGE FORECLOSURE Defendant(s) NO. 08-6964 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for t P mtiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complie w' all t e provisions of the Act. Michael T. Attorney fc r-? CC> it, .,. 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 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff IN THE COURT OF COMMON PLEAS vs. REBECCA J. WAGNER HANK W. WAGNER (Mortgagor(s) and Record Owner(s)) 240 Mcallister Church Road Carlisle, PA 17013 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-6964 AFFIDAVIT PURSUANT TO RULE 3129 GMAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 240 Mcallister Church Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): REBECCA J. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 HANK W. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: REBECCA J. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 HANK W. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 tr . .--V 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 240 Mcallister Church Road Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my p so 1 ky6wledge or information and belief. I understand that false statements herein are made subject to the penalti o 8 . C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 9, 2009 GOLDBECK McCAF RTY BY: Michael T. Mc eever, E? Attorney for Plai ff N --? ? Ct -s:? t! ? y r ? ? -r rrt -._.? t.r-.. C3? _.?f'i t 4../ I „'? r 0- 08-6964 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 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. REBECCA J. WAGNER HANK W. WAGNER Mortgagor(s) and Record Owner(s) 240 Mcallister Church Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-6964 Defendants 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: WAGNER, REBECCA J. REBECCA J. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 Your house at 240 Mcallister Church Road, Carlisle, PA 17013 is scheduled to be sold at Sheriff S Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $156,276.95 obtained by GMAC MORTGAGE, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to GMAC MORTGAGE, LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. i r 08-6964 3. You may also be able to stop the sale through other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I . If the 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: http•//www.12hiladelphiafed.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 08-6964 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 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 75111 FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. f 08-6964 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 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. REBECCA J. WAGNER HANK W. WAGNER Mortgagor(s) and Record Owner(s) 240 Mcallister Church Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-6964 Defendants 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: WAGNER, HANK W. HANK W. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 Your house at 240 Mcallister Church Road, Carlisle, PA 17013 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 $156,276.95 obtained by GMAC MORTGAGE, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to GMAC MORTGAGE, LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 08-6964 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: htti)://www.philadelphiafed.orp/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 r 08-6964 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 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 75111 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 08-6964 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From REBECCA J. WAGNER and HANK W. WAGNER (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 $156,276.95 L.L. $.50 Interest from 2/10/09 to Date of Sale per diem at $28.95 Atty's Comm % Due Prothy $2.00 Atty Paid $167.50 Other Costs to be added Plaintiff Paid Date: 2/10/09 Curtis R. Ong, thon ary (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 In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-6964 Civil Term GMAC Mortgage, LLC VS Rebecca J. Wagner and Hank W. Wagner Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on February 23, 2009 at 1830 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Hank W. Wagner, personally, at, 240 McCallister Church Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 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 to wit: Rebecca J. Wagner, but was unable to serve her in his bailiwick, as defendant is deceased. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1115 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 Rebecca J. Wagner and Hank W. Wagner, located at, 240 McCallister Church Road, Carlisle, Cumberland County Pennsylvania, according to law. 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: Rebecca J. Wagner and Hank W. Wagner, by regular mail to their last known address of, 240 McCallister Church Road, Carlisle PA 17013. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs Docketing 30.00 Poundage 3.54 Posting Bills 30.00 Advertising 30.00 Law Library .50 Prothonotary 2.00 Mileage 9.00 Levy 30.00 Surcharge 30.00 Cot o A CKGI- 0 it". ;2,2,5,0 Y Z- Law Journal Share of bills So Answers, R. Thomas Kline, Sheriff By Real Estate Coordinator 15.43 180.47 ? fo??09 S_ ?T ..F s Goldbgpk 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 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-6964 AFFIDAVIT PURSUANT TO RULE 3129 REBECCA J. WAGNER HANK W. WAGNER (Mortgagor(s) and Record Owner(s)) 240 Mcallister Church Road Carlisle, PA 17013 GMAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 240 Mcallister Church Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): REBECCA J. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 HANK W. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: REBECCA J. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 HANK W. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 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 240 Mcallister Church Road Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my p so 1 ky6wledge or information and belief. I understand that false statements herein are made subject to the penalti o 8 . C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 9, 2009 GOLDBECKI BY: Michael T Attorney for PI 08-6964 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 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. REBECCA J. WAGNER HANK W. WAGNER Mortgagor(s) and Record Owner(s) 240 Mcallister Church Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-6964 Defendants 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: WAGNER, HANK W. HANK W. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 Your house at 240 Mcallister Church Road, Carlisle, PA 17013 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 $156,276.95 obtained by GMAC MORTGAGE, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to GMAC MORTGAGE, LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 08-6964 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: 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 i 08-6964 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 htttp://www phfa.or consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 75111 FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 08-6964 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 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. REBECCA J. WAGNER HANK W. WAGNER Mortgagor(s) and Record Owner(s) 240 Mcallister Church Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-6964 Defendants 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: WAGNER, REBECCA J. REBECCA J. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 Your house at 240 Mcallister Church Road, Carlisle, PA 17013 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 $156,276.95 obtained by GMAC MORTGAGE, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to GMAC MORTGAGE, LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 08-6964 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: htip://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 08-6964 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 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionkgoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 75111 FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. TRACT NO. 1 ALL THAT CERTAIN piece or parcel of land situate, in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by D.P. Raffensperger, Registered Surveyor, dated March 5, 1962, as follows: BEGINNING at a point in the center of the Public Road leading from the Newville Road to the Ritner Highway (Township Road No. T-482) along lands formerly of Leroy E. Worley, Jr., now or formerly of Arthur L. Mort South 86 degrees 15 minutes West, 221 feet to a stake; thence along lands now or formerly of the Elliott Estate North 04 degrees 08 minutes East, 89 feet to a stake; thence along lands now or formerly of E.H. Gregor North 89 degrees 21 minutes East, a distance of 219.5 feet to a point in the center of the Public Road above described; thence by center of the above Public Road South 04 degrees West. 77 feet to a point, the place of BEGINNING. CONTAINING 417 of an acre of land, more or less. BEING THE SAME PREMISES which, Leroy Edward Worley, Sr. and Mildred Gladys Worley, his wife, by Deed dated April 4, 1962 and recorded April 9, 1962 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book M-20, Page 216, granted and conveyed Unto Richard Edward O'Brian and Lillian C. O'Brian, his wife, Grantors herein. TRACT NO. 2: ALL THAT CERTAIN lot of ground situate in the Village of Elliottson, Township of West Pennsboro, County of Cumberland and State of Pennsylvania more particularly bounded and described as follows, to wit; BEGINNING at a point on the Western side of a public road, which point is also the corner of property now or formerly of Arthur L. Mort et ux; thence in a westerly direction along property now or formerly of Arthur L. Mort et ux, a distance of 198 feet to a stake in line of land now or late of the Elliott Estate; thence in a Northerly direction along land now or formerly of Elliott Estate, a distance of 15 feet to a stake to line of lands now or formerly of Leroy E. Worley, Sr., et ux., thence in an Easterly direction along land now or formerly of Leroy E. Worley, Sr., et ux., a distance of 198 feet to a point on the Western side of said public road; thence in a Southerly direction along the Western side of that road a distance of 15 feet to a point the place of BEGINNING. HAVING TEHREON ERECTED a one story frame and stone dwelling known and numbered as 240 McAllister Church Road, Carlisle Pennsylvania. UNDER AND SUBJECT to covenants, conditions reservation, restrictions, easements and right of way of record. TAX PARCEL NO: 49-19-1659-018 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-6964 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From REBECCA J. WAGNER and HANK W. WAGNER (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 $156,276.95 L.L. $.50 Interest from 2/10/09 to Date of Sale per diem at $28.95 Atty's Comm % Due Prothy $2.00 Atty Paid $167.50 Plaintiff Paid Date: 2/10/09 (Seal) Other Costs to be added Curtis R. 3r4onotary 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 SHERIFF F 9rEB 13 P 4 1b Real Estate Sale # 48 On February 20, 2009 the Sheriff levied upon the defendant's interest in the, real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 240 McCallister Church Road Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 20, 2009 By; G ?10„ i GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6312 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. REBECCA J. WAGNER HANK W. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 No. 08-6964 Defendants PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs only. MICHAEL T. Mc VER, ESQUIRE OF 714E WMARY 2409 JUN -s AM Io= 00 CUM r a C"'OUNTY PENNSYLVANIA cf, of T?-/ 6 G'Y A ? ?.- 4 3 S"3 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 Attornev for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 VS. REBECCA J. WAGNER HANK W. WAGNER 240 Mcallister Church Road Carlisle, PA 17013 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-6964 Defendants PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. -M fhol AQ INJMA MICHAEL T. MC EVER, ESQUIRE RM?RCE e%e'nf PROTHONOTARY 2009 JUN -8 AM [0: 00 CUmk F L1 1, f-)U PENNSYLVANIA.