Loading...
HomeMy WebLinkAbout09-1031GOLDBECK 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 MIDFIRST BANK 999 N.W. Grand Boulevard Suite 100 Oklahoma City, OK 73118-6116 Plaintiff' VS. JAMES E. GALLAGHER Mortgagor and Record Owner 1241 York Road Mechanicsburg, PA 17055 Defendant Term CIVIL. lxi M-nRTGAGE NOTICE 09-031 ?IU? 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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 hi!p://www.phfa.org/consumers/homeowners/re'al.Wx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: h!W://www.philadelphiafed.ore/foreclosure/ 7). 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 homeretentionna,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 Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825-6411. Please reference our Attorney File Number of 78409FC. 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 MIDFIRST BANK, 999 N.W. Grand Boulevard, Suite 100 Oklahoma City, OK 73118-6116. 2. The names and addresses of the Defendant is JAMES E. GALLAGHER, 1241 York Road, Mechanicsburg, PA 17055, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On November 21, 1997 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to NORTH AMERICAN MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1418, Page 15. A loan modification has been recorded on June 11, 2007 in Book 737, Page 3165. The mortgage has been assigned to: MIDFIRST BANK 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 .................................................................................... Interest from 07/01/2008 through 02/28/2009 at 6.2500% ..................... Per Diem interest rate at $13.79 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ................. Late Charges from 08/01/2008 to 02/28/2009 $80,507.24 ..$3,350.96 $4,025.36 ...$212.01 ......................................... Monthly late charge amount at $25.67 Costs of suit and Title Search ......................................................................$900.00 NSF Fees ........................................................................................................$30.00 Escrow Balance ............................................................................................$301.15 Pending Expenses/Fees .............................................................................$1.238.25 $90,564.97 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 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 has been sent to Defendant by certified mail, as required by Act 6 of 1974 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". WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $90,564.97, together with interest at the rate of $13.79, 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 VERIFICATION Melissa P0899 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 unsworn falsification to authorities. Date: FEB 0 6 2009 #78409FC - JAMES E. GALLAGHER 1241 York Road Mechanicsburg, PA 17055 ExhibitA ALL THAT CERTAIN lot or tract of land situate in the Township of Monroe, County of Cumberland, and State of Pennsylvania, more particularly bounded and described according to the survey of Gerrit J. Betz, Registered Surveyor, dated March 26, 1985, as follows, to wit: BEGINNING at a nail in the Center of Pennsylvania Route 74 leading from York to Carlisle, at the corner of land now or late of N. David Keefer, Jr. and Jean L. Keefer, his wife; thence along the center of said road South 73 detgress 43 minutes 00 seconds East a distance of 44.55 feet to a nail in said road: thence South 21 degrees 45 minutes 00 seconds Nest a distance of 267.79 feet (incorrectly stated as 265.55 feet in previous dead) to a pinj thence Borth 71 degrees 00 minutes 00 seconds Nest a distance of 44.40 feet to a pin; thence North 21 degrees 45 minutes 00 seconds Cast a distance of 265.65 feet to a nail, the point and place of BEGINNING. CONTAINING 43 perches, strict measure. BRING THE SAME PRBMISBS which Chris A. Seifert by a deed dated April 30, 1985 and recorded April 30, 1955 in the office of the Recorder of Deeds for Cumberland County in Deed Book F, Volume 31, Page 708 granted and conveyed to Randy Scott King and Kristen Fawcett King, his wife. And being the same premises whiob Randy Scott Icing and Kristen Fawcett King, husband a wife by deed dated November 21st, 1997 and which is intended to be recorded herewith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto James S. Gallagher, single Individual, Mortgagor herein. State at Penmglrsniet Cow t efCtenI*dendl 86 R .dW In dRoe for the recwdlnq of Deeds end f berlmd Cmn* in P N d efA Cull Ms d 1»-1 iwrUietw 23 Ex hibit B l Fob-02-09 02:42pm From-MIDLAND MORTGAGE REFERRAL T-796 P.02/03 F-676 Midland Mortgage Co. 999 N . W . Grand Boulevard, Suite 110 Oklahoma City, Oklahoma 73118 FAopo. (40S) 424-12.U UX: (40.U_415:1139 --- 7004 116a 0005 5836 6590 Thureday. ocmaa 23, =8 g j COL lF AMES E GALI.AGHER J 1241 YORK RD MECHANICSBURG PA 17455-9769 0 6 OF 1974 RE: Laau # 50501949 Dear Mortgagor(s): Midland Mortgage Co. is the holder of a Mortgage and a Note on the above prev4ses, or is the mortgage servicing agent for such holder. As of the date of this notice, THE MORTGAGE IS IN DEFAULT STATUS because of nonpayment of the following: payments, late charges, and advances from art/2008 through 10121/2006. The total amount now required to cure the default, or in other words get caught up in your payments, is $3.200.04 . All payments referred to in this notice must be in the form of cashier's or certified check made payable to Midland Mortgage Co. at the expedited payment processing address on your coupon book. In the event payment, as specified in the proceeding paragraph, is not made WT.THIN THIRTY (30) DAYa from the date of this letter, it is the intention of the holder of the mortgage, through this company, to accelerate (declare due and payable immediately the entire loan) the mortgage obligation and all other lawful charges and instruct our attorney to institute MORTGAGE rORRCLOSURE PROCEEDING. Fab-02-09 02;42pm From-MIDLAND MORTGAGE REFERRAL T-796 P.03/03 F-576 (a) If you wash to CURE THE DEFAULT within thirty (30) days from the date of this letter, you must pay the TOTAL Ab1DGNT DUE stated above, plus an additional monthly installment if payment is made after the lst day of the next month, plus an additional late charge if due at time of payment and not included above. A LATE CHARGE is due with each mortgage payment paid more than fifteen (15) days after the due date. Your current monthly installment is $64167 . (b) If payment is made AFTER THIRTY (30) DAYS from the data of this letter, but BEFORR FORX CLOSURX PROCXXDING has been started, the amount you will have to pay will also include the regular monthly installments and late charges then due, plas, if incurred, any ATTORNSY's FEE OF NOT MORE THAN $50.00 and any title report costs, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000. AFTER FORSCLOSURS PROCERAING HAS BERN STARTED, you have the right to STOP the foreclosure action any time up to ONE (9.) HOUR RLFORE the commencement of the SHLRIFF'S SALE by paying the entire amount due at the time, which shall include all delinquent installments and unpaid late charges, together with REASONABLE LEGAL FRES ACTUALLY INCURRED, cost and other sums related to the foreclosure action, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000. should you PAIL to reinstate the loan as outlined above, the mortgage premises will. be SOLD AT SHERIFF'S SALE, which will take place approximately seven (7) to eleven (11) weeks following SERVICS of the Complaint in Mortgage Foreclosure, at which time your oWWZRSHIB interest in mortgage premises will be TZRXINATtD, and thereafter, if occupied, proceedings will be taken to OBTAIN POSSX88ION of the real estate. You have the right to REFINANCE Tag LOAN with another lending institution or TRANSTIR TeX PROPERTY to another parson, under and subject to the existing mortgage. That person will have the SAME RIGHT TO CURE Tat DEFAULT as you have, subject to the same limitation and requirements. you may CURE p9rK01Ts up to three (3) times in any calendar year. upon cure of a default you will be in the same position as if there had been No DLrAUT.T. A default may be cured by ANYONE on your behalf. Please note that if the loan wag in default at the time Midland began servicing it, we are required to advise you that this communication is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose. sincerely, Midland Mortgage Co. Collection Department 50601549 lam' ? ' a? ?r? i 04 -r. V Za J ? i1 SHERIFF'S RETURN - REGULAR CASE NO: 2009-01031 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS GALLAGHER JAMES E MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE GALLAGHER JAMES E DEFENDANT the at 0013:10 HOURS, on the 27th day of February-, 2009 at 1241 YORK ROAD MECHANICSBURG, PA 17055 JAMES GALLAGHER DEFENDANT was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.20 Affidavit .00 Surcharge 10.00 .00 35.20 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 03/02/2009 GOLDBECK MCCAFFERTY & MCK VER By: Deputy Sheriff of A. D. } co GOLDBECK WCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQ. ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF MIDFIRST BANK 999 N.W. Grand Boulevard Suite 100 Oklahoma City, OK 73118-6116 Plaintiff vs. JAMES E. GALLAGHER (Mortgagor and Record Owner) 1241 York Road Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-1031 PRAECIPE TO REINSTATE COMPLAINT AND ADD DEFENDANT TO THE PROTHONOTARY: Pursuant to Pa. R.C.P. No. 401(b)(2), kindly reinstate the Complaint in Mortgage Foreclosure and add to the docket: Karen Mundorf Gallagher, Solely in Her Capacity as Heir to the Estate of James E. Gallagher, Deceased Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Deceased Defendants, pursuant to Pa.R.C.P. 401 (b) (2). Respectfully submitted, GOLDBECK, McCAFFERTY & McKEEVER '?7&4z /---r- 0&4?" By: Michael T. McKeever, Esquire Attorney for Plaintiff O T r :- TAP,Y 2 A R -3 PH 4, 0 2 Ty *1o.oo P C) ATTY (,03-Ro'793 u#aa3a3a GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF MIDFIRST BANK VS. Plaintiff JAMES E. GALLAGHER Mortgagor(s) and Record Owner(s) 1241 York Road Mechanicsburg, PA 17055 Defendant(s) TO THE PROTHONOTARY: SUGGESTION OF DEATH Term No. 09-1031 It is respectfully suggested that Defendant JAMES E. GALLAGHER is deceased, having departed this life on MARCH 22, 2009. 41A ATUOV00jor GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE * -f E ?' ? OTA ?r k a 2009 Sheriffs Office of Cumberland County R Thomas Kline t jr pt 4 u ju b"t? Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/08/2009 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: Karen Mundorf Gallagher, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04/14/2009 08:54 AM - York County Return: And now April 16, 2009 at 0854 hours I, Richard P. Keuerleber, Sheriff o- York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Karen Murdorf Gallagher by making known unto Karen Gallagher personally, at 129 Lark Circle, York, PA 17404 its contents and at the same time handing to her personally the said true and correct copy of the same. 04/21/2009 06:35 PM - 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: Ryan Gallagher, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Ryan Gallagher. Per neighbor of defendant address of 1241 York Road Mechanicsburg, Cumberland County, Pennsylvania 17055 has been vacant since March of 2009 when James E. Gallagher passed away. The neighbor stated Ryan Gallagher does not reside at this address. The Mechanicsburg postmaster states that mail is delievered to address. An exact address for the defendant is not available. SHERIFF COST: $67.00 May 05, 2009 SO ANSWERS, - - R THOMAS K INE, SHERIFF Docket No. 2009-1031 Midfirst Bank v James Gallagher '.E ,`x1 f r 1 . a GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Courtenay R. Dunn, Esq. Attorney I.D. #206779 Attorney for Plaintiff MIDFIRST BANK 999 N.W. Grand Boulevard Suite 100 Oklahoma City, OK 73118-6116 vs. Karen Mundorf Gallagher, Solely in Her Capacity as Heir to the Estate of James E. Gallagher, Deceased and Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Deceased 1241 York Road Mechanicsburg, PA 17055 No. 09-1031 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. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 1241 York Road, Mechanicsburg, PA, 17055, hereinafter, the "mortgaged premises". Defendants, Karen Mundorf Gallagher, Solely in Her Capacity as Heir to the Estate of James E. Gallagher, Deceased and Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Deceased, are the mortgagors and real owners of the mortgaged premises. 3. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), I, David IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Fein, Esquire, hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the Defendant has obtained counsel. Moreover, due to the nature of this motion, it was not possible to. locate or contact the Defendant to request his concurrence. 4. The last known address of Defendant, Ryan Gallagher, Soley in His Capacity as Heir to the Estate of James E. Gallagher, Deceased, is as set forth in Paragraph 2 of the Complaint. 5. The Sheriff has been unable to effect service of the Complaint upon Defendant, Ryan Gallagher, Soley in His Capacity as Heir to the Estate of James E. Gallagher, Deceased, at the property, 1241 York Road, Mechanicsburg, PA, 17055. Per Sheriff, the property is vacant. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Ryan Gallagher, Soley in His Capacity as Heir to the Estate of James E. Gallagher, Deceased. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant, Ryan Gallagher, Soley in His Capacity as Heir to the Estate of James E. Gallagher, Deceased, by posting the premises and certified and regular mail to the Defendant's last known address. Respectfu d, David B. Fein, Esq. ProVest, LLC Affidavit of Good Faith Investigation Client provided information: File Number: 78409FC Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Subject Name: Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Property Address: Street: 1241 York Road City: Mechanicsburg State: PA Zip 17055 Skip Results: Date of Birth: None Found ProVest File Number: 1637460 Last Known Dates: As of 5/11/2009 Unable to Locate Due to Lack of Identifying Information. Death Records: As of 5/11/2009, the Social Security Administration has no death record on file for Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher,. Social Security Number Search Completed. Employment Search: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, as unable to locate. Department of Motor The Pennsylvania Department of Motor Vehicles provided no change for Ryan Gallagher, Solely from unable to locate her Galla f James E t E t i t th H Vehicle Records: . , g . e o s a r o e e in His Capacity as Public Licenses (Pilot, Search performed provided no information. Real Estate, etc): Voter Registration The County Voters Registration Office has no listing for Ryan Gallagher, Solely in His Capacity Information: as Heir to the Estate of James E. Gallagher,. National Postal Has no change for Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Address Search: Gallagher, from unable to locate. Military Search: There was no active military status found. Comments: Unable to Locate Due to Lack of Identifying Information. On 5/11/2009, I, Patti Garrett being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. NIAAi?-4- Afifiant a : P i Garrett f?A Nokuy i uUl c: ( Date: 5/11/2009 CYNMU1WWN i M*f C0MMW 1 EKPtF' j '? i' r' Nownbec 28, 2011 Sheriffs Office of Cumberland County R Thomas Kline 4,0,00 at cio qgr, 440 Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith C h i e f D e p u t y o " I e . E O F T ` z "ER!FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/08/2009 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: Karen Mundorf Gallagher, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04/14/2009 08:54 AM - York County Return: And now April 16, 2009 at 0854 hours I, Richard P. Keuerleber, Sheriff o- York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Karen Murdorf Gallagher by making known unto Karen Gallagher personally, at 129 Lark Circle, York, PA 17404 its contents and at the same time handing to her personally the said true and correct copy of the same. 04/21/2009 06:35 PM - 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: Ryan Gallagher, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage foreclosure as not found as to the defendant Ryan Gallagher. Per neighbor of defendant address of 1241 York Road Mechanicsburg, Cumberland County, Pennsylvania 17055 has been vacant since March of 2009 when James E. Gallagher passed away. The neighbor stated Ryan Gallagher does not reside at this address. The Mechanicsburg postmaster states that mail is delievered to address. An exact address for the defendant is not available. SHERIFF COST: $67.00 May 05, 2009 SO ANSWERS, } R THOMAS K INE, SHERIFF Docket No. 2009-1031 Midfirst Bank v James Gallagher ---- -? ,- =?---.?_ GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Courtenay R. Dunn, Esq. Attorney I.D. #206779 Attorney for Plaintiff MIDFIRST BANK 999 N.W. Grand Boulevard Suite 100 Oklahoma City, OK 73118-6116 vs. Karen Mundorf Gallagher, Solely in Her Capacity as Heir to the Estate of James E. Gallagher, Deceased and Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Deceased 1241 York Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 09-1031 VERIFICATION I -?, ,Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. J BY: Davi . Fein, sq. GOLDBECK WCAFFERTY & WKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Courtenay R. Dunn, Esq. Attorney I.D. #206779 Attorney for Plaintiff MIDFIRST BANK 999 N.W. Grand Boulevard Suite 100 Oklahoma City, OK 73118-6116" VS. Karen Mundorf Gallagher, Solely in Her Capacity as Heir to the Estate of James E. Gallagher, Deceased and Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Deceased 1241 York Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 09-1031 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant, Ryan Gallagher, Soley in His Capacity as Heir to the Estate of James E. Gallagher, Deceased, which the Sheriff has been unable to personally serve upon Defendant, Ryan Gallagher, Soley in His Capacity as Heir to the Estate of James E. Gallagher, Deceased. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant, Ryan Gallagher, Soley in His Capacity as Heir to the Estate of James E. Gallagher, Deceased, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, David B. Fein, Esq. GOLDBECK McCAFFERTY & MCKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Courtenay R. Dunn, Esq. Attorney I.D. #206779 Attorney for Plaintiff MIDFIRST BANK 999 N.W. Grand Boulevard Suite 100 Oklahoma City, OK 73118-6116 vs. Karen Mundorf Gallagher, Solely in Her Capacity as Heir to the Estate of James E. Gallagher, Deceased Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Deceased 1241 York Road Mechanicsburg, PA 17055 of Cumberland County No. 09-1031 CERTIFICATE OF SERVICE ,does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, Ryan Gallagher, Soley in His Capacity as Heir to the Estate of James E. Gallagher, Deceased, this day of/ , 2009, by first class mail, postage prepaid. Karen Mundorf Gallagher, Solely in Her Capacity as Heir to the Estate of James E. Gallagher, Deceased 129 Lark Cir York, PA 17404 Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Deceased 1241 York Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS BY: David 43" Fein, ESq A LED-C,, TAPI k M9 MAY 14 Pill I: 4 Cu fv MAY 15 20A9y MIDFIRST BANK 999 N.W. Grand Boulevard Suite 100 Oklahoma City, OK 73118-6116 VS. Karen Mundorf Gallagher, Solely in Her Capacity as Heir to the Estate of James E. Gallagher, Deceased and Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Deceased 1241 York Road Mechanicsburg, PA 17055 ORDER AND NOW, this I S day of ~11 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 09-1031 2009, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Ryan Gallagher, Soley in His Capacity as Heir to the Estate of James E. Gallagher, Deceased, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, Ryan Gallagher, Soley in His Capacity as Heir to the Estate of James E. Gallagher, Deceased, by posting a copy of the Complaint upon the premises 1241 York Road, Mechanicsburg, PA, 17055, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 1241 York Road, Mechanicsburg, PA, 17055, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Ryan Gallagher, Soley in His Capacity as Heir to the Estate of James E. Gallagher, Deceased, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: /ter, Distribution l ist: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence 01 Market Street, Philadelphia, PA 19106-1532 Karen Mundorf Gallagher, Solely in Her Capacity as Heir to the Est es E. Gallagher, Deceased, 129 Lark Cir York, PA 17404 Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Deceased, 1241 York Road Mechanicsburg, PA IT f , ?^y 6 I, :I Wd 81 0I-4 69oz GOLDBECK WCAFFERTY & WKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF MIDFIRST BANK 999 N.W. Grand Boulevard Suite 100 Oklahoma City, OK 73118-6116 Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW VS. Karen Mundorf Gallagher, Solely in Her Capacity as Heir to the Estate of James E. Gallagher, Deceased Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Deceased 1241 York Road Mechanicsburg, PA 17055 Defendant(s) ACTION OF MORTGAGE FORECLOSURE Term No. 09-1031 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. GOLDBECK, McCAFFERTY & McKEEVER By Michael T. McKeever, Esq. Attorney for Plaintiff 7R LE U-,t t? ?" r` .Y ?lv.?o i?cL A? eK? 3azgss Sheriffs Office of Cumberland County R Thomas Kline ???,Sr ?! +Gua?be?b Edward L Schorpp Sheriff Solicitor Ronny R Anderson `• Jody S Smith Chief Deputy OUICE OF THE SMER XF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/26/2009 05:08 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 26, 2009 at 1708 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ryan Gallagher, pursuant to order of court by posting the premises located at 1241 York Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 with a true and correct copy according to law. SHERIFF COST: $43.00 SO ANSWERS, AQg::• May 27, 2009 R THOMAS KLINE, S ERIFF 2009-1031 By - M Midfirst Bank Deputy Sheriff VS Ryan Gallagher %X1 < A GOLDBtCK MCCAFFERTY & WKEEVER BY: MICHA EL T. MCKEEVER ATTORNEY .D.#56129 SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKE STREET Pmn,ADELP IA. PA 19106-1532 (215) 627-13 2 ATTORNEY OR PLAINTIFF MIDFIRST ANK 999 N.W. and Boulevard Suite 100 Oklahoma C ty, OK 73118-6116 VS. Karen Mun rf Gallagher, Solely in Her Capacity as Heir to the state of James E. Gallagher, Deceased and Ryan Galla er, Solely in His Capacity as Heir to the Estate of J es E. Gallagher, Deceased Mortgag qs) 1241 York R oad Mechanicsb ¢. PA 17055 Defendant(s) IN THE COUR'T' OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-1031 CERTIFICATE OF SERVICE q T. MCKEEVER ESQUIRE hereby certifies that on he did serve Gallagher, l mail in accc statements 1 upon Defendant Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. a true and correct copy of the above-captioned Complaint by certified and regular with the Court Order dated May 18, 2009. The undersigned understands that the and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, J GOLDBECK MCCAFFERTY & MCKEEVPR BY: MICHAEL T. MCKEEVER ESQUIRE 29 rn r. 2609 K Y r°,h SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~i`_` !~- '~ - - Sheriff ,,~ ~:~:~ _ ~' h ~ 5Rr` r r. Jody S Smith ~" 4j Chief Deputy [ ~ + ~ ., ~ i ~ ;; , Edward L Schorpp :,.., . Solicitor _ _ ~~_ Midfirst Bank Case Number vs. Ryan Gallagher 2009-1031 SHERIFF'S RETURN OF SERVICE 10/01/2009 09:12 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 10-01-09 at 2110 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 Ryan Gallagher, located at, 1241 York Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/01/2009 09:12 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 10-01-09 at 2110 hours, he posted a true copy, serving pursuant to Court Order, of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ryan Gallagher, located at, 1241 York Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 12/04/2009 Property sale postponed to 1/6/2010. 01/06/2010 Property sold to Mortgage Company for 1.00 on 1/6/10 01/15/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on January 6, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael McKeever, on behalf of Midfirst Bank, 999 N.W. Grand Boulevard, Suite 100, Oklahoma City, OK 73118, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ SHERIFF COST: $892.09 SO ANSWERS, %f ~w` ~- January 15, 2010 NY R ANDERSON, SHERIFF a~~ -~c~ ~ ~ ~~ _ 5 .~~ UL 5 ~~ v ~ ~O Goldbeck McCafferty &~ NlcKee~~~er 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 MIDFIRST BANK 999 N.W. Grand Boulevard Suite 100 Oklahoma City, OK 731 1 8-61 16 vs. Karen Mundorf Gallagher, Solely in Her Capacity as Heir to the Estate of James E. Gallagher, Deceased Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Deceased (Mortgagor(s) and Record Owner(s)) 1241 York Road Mechanicsburg, PA 17055 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 MIDFIRS~1~ BANK; Plaintiff in the above action, by its aCtorney. 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: 1241 York Road Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): Karen Mtimdorf Gallagher, Solely in Her Capacity as Heir to the Iatate of .lames E. Gallagher, Deceased 129 Lark Circle York, PA 17404 Ryan Gallagher, Solely in His Capacity as Heir to the Estate of .lames E. Gallagher, 'Deceased 1241 York Road Mechanicsburg, PA 1705 2. Name and address of Defendant(s) in the judgment. Karen Mundorf Gallagher, Solely in Her Capacity as Heir to the Estate of"James E. Gallagher, Deceased 129 Lark Circle York, PA 17404 Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Deceased 1241 York Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 09-1031 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: U9-1031 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney LD.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff MIDFIRST BANK 999 N.W. Grand Boulevard Suite 100 Oklahoma City, OK 73118-6116 vs. Karen Mundorf Gallagher, Solely in Her Capacity as Heir to the Estate of James E. Gallagher, Deceased Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Deceased Mortgagor(s) and Record Owner(s) 1241 York Road Mechanicsburg, PA 1705.5 IN THE COURT -OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-1031 Defendant(s) THIS LAW FIRiVI 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: Ryan Gallagher Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Deceased 1241 Yoc•k Road Mechanicsburg, PA 17055 Y"our house at 1241 York Road, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 09, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $92,536.44 obtained by MIDFIRST BANK against you. NOTICE OF OWNER'S RIGHTS YOU iVIAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 09- 103 I 1. The sale will be cancelled if you pay to MIDFIRST BANK. the back payments, late charges.. costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-82 ~-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale tln-ough 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 atto~neyj. YOU IVIAY 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 Qetting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: httoJ/www.philadelphiafed ors/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF Y"OU 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 FIELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LiUerty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle. PA 17013 717-243-9400 09-1031 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 attonzey. For referrals to a qualified atton~ey call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-98~-2227 for free counseling. 3). Visit HUD'S website www.hud.goy for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.Uhfa 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 amowlt to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll tree 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: 2l 5-825-6418. Please reference our Attorney File Number of 78409FC. Para infonnacion en espanol puede communicarse con Loretta al 21 ~-825-6344. 1 09-10 ~ 1 GOLDBECK McCAFFERTY & NIcKEEVER BY: Michael T. McKeever Attorney LD.#6129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff MIDFIRST BANK 999 N.W. Grand Boulevard Suite 100 Oklahoma City, OK 73 1 1 8-61 1 6 Plaintiff vs. Karen Mlmdorf Gallagher, Solely in Her Capacity as Heir to the Estate of James E. Gallagher, Deceased Ryan Gallagher, Solely in His Capacity as Heir to the Estate of James E. Gallagher, Deceased Mortgagor(s) and Record Owner(s) 1241 York Road Mechanicsburg, PA 1705 Defendants; IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-1031 'I'RIS LAV1% FIRI~'I IS A DEBT COLLECTOR ANll WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROI\~I YOU WILL BF, USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 1~~: Karen Mundoil~Galla~~her Karen Mundorf Gallagher, Solely in Her Capacity as Heir to the Estate of James E. Gallagher, Deceased 129 Lark Circle York. PA 17404 Your house at 1241 Yorh Road, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday. December 09, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $92,536.44 obtained by MIDFIRST BANK against you. NOTICE OF OWNER'S RIGHTS YOLi 1\IAY HE ABLE TO PREVENT THIS SHERIFF'S SALE ~I~o prevent dlis Sheriffs Sale you nnist take immediate action: 09-10 ~ 1 1. The sale will be cancelled if you pay to MIDFIRST BANK. the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 213-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by tiling a petition asking the Court to strike or open judgment. if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU IyIAY STILL BE ABLE TO SAVE YOUR PROPER'L'Y AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, yotu property will be sold to the highest bidder. You may trod 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 swill be filed by the Sheriff within thirty (30) days fi-om 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 tcn (I 0) 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 orU/foreclosures' YOU SHOULD TAKE TFIIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISI~ED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA"fION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 7I7-243-9400 09-1031 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 maybe 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.or~/consumers/homeowners/real as~x. 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 1-866-413-231 l or via email at homerctention~ ~oldbecklaw coin. Call Seth at 215-$25-6329 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 78409FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN lot or tract of land situate in the Township of Monroe, County of Cumberland, and State of Pennsylvania, more particularly bounded and described according to the survey at Garrit J. Betz, Registered Surveyor, dated March 26, 1985, as follows, to wit: BEGINNING at a nail in the center of Pennsylvania Route 74 leading from York to Carlisle, at the coi-~ler of land now or late of N. David Keefer, Jr. and Jean L Keefer, his wife; thence along the center of said road South 73 degrees 45 minutes 00 seconds East a distance of 44.55 feet to a nail in said road, thence South 21 degrees 45 minutes 00 seconds West a distance of 267.79 feet (incorrectly stated as 265.55 feet in previous deed) to a pin: thence North 71 degrees 00 minutes 00 seconds West a distance of 44.40 feet to a pin, thence North 21 degrees 45 minutes 00 seconds East a distance of 265.65 feet to a nail, the point and place of BEGINNING. CONTAINING 43 perches, strict measure. BEING THE SAME PREMISES BY DEED FROM RANDY SCOTT KING AND KRISTEN FAWCETT KING, HUSBAND AND WIFE DATED 11/21/97 AND RECORDED 11/24/97 IN BOOK 168 PAGE 339 GRANTED AND CONVEYED UNTO JAMES E. GALLAGHER, SINGLE INDIVIDUAL. TAX PARCEL# 22-11-0280-035 BEING KNOWN AS: 1241 York Road, Mechanicsburg, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-1031 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK, Plaintiff (s) From KAREN MUNDORF GALLAGHER, Solely in Her Capcity as Heir to the ESTATE OF JAMES E. GALLAGHER, Deceased and RYAN GALLAGHER, Solely in His Capacity as Heir to the ESTATE OF JAMES E. GALLAGHER, Deceased. (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 $92,536.44 L.L. $.50 Interest from 7/14/09 TO Date of Sale per diem at $13.79 -- to be Determined Atty's Comm % Due Prothy $2.00 Atty Paid $cZB~.o`ZO Other Costs to be added Plaintiff Paid Date: 7/16/09 urtis R. ong, ro on ary (Seal) By: Deputy REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK, McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale # On August 19, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as, 1241 York Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date:. August 19, 2009 By: ~~ f ~ ~4.1t~~- Real Estate CoordinatUr ,~ t} ~`:~ .\ P~! _~' \\ ~\ m1 'The Patriot-News Co. ' 812' Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e~latriot 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 Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/23/09 10/30/09 11 /06109 ber, 2009 A. D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public Cry ~ Hartasburg; Dauphin Courrty MY Ccanm;ssion E:xpirea Nov. 26, 2011 Member, Pennsylvania Rssooiafion of Notaries Writ lio. Term! Va Kttlvert Murulorf QaN~trer, Sofgy In he'r Ct>lpgcfty tat Hslr to thb ENa1e of ~16mas E. ~1iu~h~r, Dei~ies~d Ryan Eiitalle~hsr, &t+lsy In hls Ct#peclty es Hslr to the Etrtt'tts of Atiy: Mlclfasl Y McKewer . AEI. THAT CER'CAIN.Iot oi'tract of land situate in the Township bf Monoe, County of Cumberland, and State of Peansylvarua, more partiwlatly boned and described according to the survey at Gerrit J. Beth Registered surveyor, dated Match 26,"I9$S, ga follows, to a~in BEGINNING, at a nail` in the 'center of Pennsylvania Route 74 leading: from York to Carlisle„st the conler'af Land now or Iatc of N. David Keefer, Jr. and lean L Keefer,'his wife; thence along the enter of said road South 73 degrees 45 minutes 00 seconds 6ast;a distance of 4455 feet to a nail In said road, thcnsx'Sout6 21 degrees 45 minutes 00 seconds 1Vest a distance of 267.79 feet (incorrectly stated as 265.55 feet in previous deed) to,a pin: thence North 71 'QO minutes QQ seoonds West a distanceof 44.40 feeCto a piq ttxnte Nortb.2l degrees 45 minutes Od~seconds Bast a distance of 265.65 feet:tp a nail, the point and place of BEGINNING.: CONTAINING 43 perches, strict measure. BEING THE SAME PREMISES. B'f DBED FROM RAN1yY SCOUT IEINNG AND KRISTEN FAWCETT KING, IiU56ANI3 AND WIPE DATED 11/21!97 AND RECE!(bDED ll/Z4'l9'- Il7 ~BOOK~ I68 PAGE 339 CrRA1VTEDAND CONVEYED IJNT"0 JAMES' E. ffAZLAGHER, SIATGLE IlVDiVIQUAL. . TALE PARCE[.# 22-11-028Q-035 8P.8ifr 1QibVr'N AS: 1241 Yak Road, Me~ahurg, PA 17055 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, Egtitor SWORN TO AND SUBSCRIBED before me this ~~_ ~~~. Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Pubiio CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ No. 2009-1031 Civil Midfirst Bank vs. Karen Mundorf Gallagher, Soley in her Capacity as Heir to the Estate of James E. Gallagher, Deceased Ryan Gallagher, Soley in his Capacity as Heir to the Estate of James E. Gallagher, Decased Atty: Michael T. McKeever ALL THAT CERTAIN lot or tract of land situate in the Township of Monroe, County of Cumberland, and State of Pennsylvania, more particu- larlybounded and described accord- ing to the survey at Garrit J. Betz, Registered Surveyor, dated March 26, 1985, as follows, to wit: BEGINNING at a nail in the center of Pennsylvania Route 74 leading from York to Carlisle, at the cor- ner of land now or late of N. David Keefer, Jr. and Jean L Keefer, his wife; thence along the center of said road South 73 degrees 45 minutes 00 seconds East a distance of 44.55 feet to a nail in said road, thence South 21 degrees 45 minutes 00 sec- onds West a distance of 267.79 feet (incorrectly stated as 265.55 feet in previous deed) to a pin: thence North 71 degrees 00 minutes 00 seconds West a distance of 44.40 feet to a pin, thence North 21 degrees 45 minutes 00 seconds East a distance of 265.65 feet to a nail, the point and piace of BEGINNING. CONTAINING 43 perches, strict measure. BEING the same premises by deed from Randy Scott King and Kristen Fawcett King, husband and wife dat- ed 11/21/97 andrecorded 11/24/97 in Book 168 Page 339 granted and conveyed unto James E. Gallagher, single individual. TAX PARCEL# 22-11-0280-035. BEING KNOWN AS: 1241 York Road, Mechanicshurg, PA 17055. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Zie lg_er, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which MIDFIRST BANK is the grantee the same having been sold to said grantee on the 6TH day of JAN A.D., 2010, under and by virtue of a writ Execution issued on the 16TH day of JULY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 1031, at the suit of MIDFIRST BANK against JAMES E GALLAGHER ESTATE RYAN GALLAGHER & KAREN MUNDORF GALLAGHER is duly recorded as Instrument Number 201002434. IN TESTIMONY WHEREOF, I have hereunto set my hand an seal of said office this ~~ day of A.D. a~ l0 ~ _ ~ ~, (1 of Deeds Y' f ~ vat :+~, YFi ~u .,~ s.~~._.. , ~ , .~ '~: ~ ~, cPJru~.~i~