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HomeMy WebLinkAbout09-1410J/ GOLDBECK MCCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 W W W.GOLDBECKLAW.COP ATTORNEY FOR PLA BANK OF AMERICA, I SUCCESSOR BY MER( NATIONAL ASSOCIA] CERTIFICATE HOLDE BACKED SECURITIES CERTIFICATES, SERIF PO Box 293150 Lewisville, TX 75029 ,r kTIONAL ASSOCIATION AS :R TO LASALLE BANK ON, AS TRUSTEE FOR S OF BEAR STEARNS ASSET LLC ASSET BACKED 2005-AQI vs. MICHAEL D. BLUMEIHAL Mortgagor and Record Owner 315 South Pitt Street Carlisle, PA 17013 Plaintiff Term CiVi-I No. 6q - It/10 CIVIL ACTION: MORTGAGE PORFCI Defendant You have been you must take action wit appearance personally of claims set forth against y judgment may be enterer of for any other claim or important to you. YOU SHOULD ' LAWYER OR CANNO' THIS OFFICE CAN PRI IF YOU CANNC YOU WITH INFORMA' PERSONS AT A REDU NOTICE ed in court. If you wish to defend against the claims set forth in the following pages, iin twenty (20) days after the Complaint and notice are served, by entering a written by attorney and filing in writing with the court your defenses or objections to the 3u. You are warned that if you fail to do so the case may proceed without you and a against you by the Court without further notice for any money claim in the Complaint relief requested by the Plaintiff. You may lose money or property or other rights AKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. )VIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. t AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE 'ION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE ;ED 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 DEMANOADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTAD S, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES E SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE VUNTO 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 ILLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE ON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED O PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION A ERCA 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 Resources available for Homeowners in Foreclosure ACT NOW! Even though yo 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 altorn?, y. For referrals to a qualified attorne call either of the follow 243-9400. y mg numbers: or 717- 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD' S ebsite www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website httn://www nhfa org/consumers/homeowners/real asnx. 5). Call the Plain iff(your lender) at 877-362-6631 and ask to speak to someone about Loss Mitigation or Home Retention optio is. 6). Foreclosure R source Center: httn://www philadelphiafed org/foreclosure/ 7). Call or contac 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 oldb cklaw.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 215-82176311 or Fax: 215-825-6411. Please reference our Attorney File Number of 78597FC. Para informacion 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 BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, PO Box 293150, Lewisville, TX 75029. 2. The names and' ddresses of the Defendant is MICHAEL D. BLUMENTHAL, 315 South Pitt Street, Carlisle, PA 17;13, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On January 12, described to AR the Recorder of assigned to: LA HOLDERS OF CERTIFICATE' 2246. The Mort reference in accc Plaintiff from its record. 4. The Property "A" ("Prover vwi mortgagors made, executed and delivered a mortgage upon the Property hereinafter SENT MORTGAGE COMPANY, LLC, which mortgage is recorded in the Office of )eeds of Cumberland County as Book 1895 Page 2322. The mortgage has been 3ALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE 1EAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED SERIES 2005-AQ1 by assignment of Mortgage January 11, 2007 as Book 0733, Page ;age and assignment(s) are matters of public record and are incorporated by this rdance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the obligation to attach documents to pleadings if those documents are matters of public ect to the Mortgage is more fully described in the legal description set forth as Exhibit 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for October 01, 008 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 ................................ .$121,565.36 ................................................. Interest from 9/01/2008 through 02/28/2009 at 8.1000% .......................$4,881.56 Per Diem interest rate at $26.97 Reasonable Attorney's Fee at 5% of Principal Balance as more filly explained in the next numbered paragraph ...................$6,078.27 Late Charges from 10/01/2008 to 02/28/2009 .............................................$279.54 Monthly late charge amount at $55.91 Costs of suit and Title Search ......................................................................$900.00 Suspense.....- ............................................................................................. ($273.46) Escrow .......................................................................................................... $644.06 Monthly scrow amount $206.91 $134,075.33 7. If the Mortgage is reinstated prior to a Sheriffs 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 Zion. e complexity of the action requires additional fees in excess of the amount demanded in the 8. Plaintiff is not seeking a judgment of personal liability (or an "judgment) against the 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 lajw. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to De endant 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 Exhibit "B". The Defendant have not had the required face-to-face meeting within the required ti and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plai tiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Ag cy. WHEREFORE, Plaintiff demands a de terris judgment' in mortgage foreclosure in the sum of $134,075.33, together with interest at the rate of $26.97, 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. j By: GOL ECK McC FFERTY & MCKEEVER BY: MICHAEL T. M EVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Michajel T. McKeever, Esquire, hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the Verification c de obtained w?.thin the time allowed for the filing of could not be g f the pleading that he is authorized to make this verification Pa.R.C.P 104(c) pursuant to and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon the ?nformation supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore it is the undersigned's intention to substitute a I verification- from Plaintiff as soon as it is received by counsel. subject to the penalties of 18 Pa.C.S. Sec. unsworn falsification to authorities. Date: The undersigned understands that this statement is made 4904 relating to michael T. McKeever, Esquire PA I.D. #56129 E..x..hibitA Stewart Titre Commitment Number: 2004120033AM* SCHEDULE C PROPERTY DESCRIPTION The land referred to In this Commitment is described as follows- ALL I hot certain tract of land together with the Improvements theraon ereOK located In the Third Ward of the Oh of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGI NING at a point on South Pitt S119K at the South-western comer of lot now or formerly of.lrs E. Zeigler, them I In an Easterly direction along said lot now or tormady of Ira E Zeigler, 110 jest, rrars or sm. to a 9 foot e11y: thence In a Southerly direction along the said 9 foot Miley, 30 feel b a pair* therhoe in a Was" direction a tend formerly of W MW Stuart and Jacob H. Foramen, now or fohmhedy of J. Hervey HaM, 110 bat, more or IeSP, to South Pitt Street, thence in a Northerhr d1tec0on along sold South Pitt Street, to a point, the Pecs of BEGINNING- CONTAINING 30 feet in front on South Pit Street, and extending back an even width 110 feet, more or less, to a 9 foot allev. G thereon erected a 2-112 story brick dwelling house known as 315 South Pitt Street, Certisis, ylvanis 17013. i Lot No. 1. * 0421-0320-M ALTA Cei SdWKMO (MI120033AALPI'D2 11Z0033AM) B( i 895PG2338 ?hifiit (B EMC Mortgage Corporation PO Box 293150 Lewisville, TX 75029-3150 7104 5400 2100 1868 9240 October 30, 2008 11PPPPP2=4 31"o 1 Michael D Blumenthal 315 S Pitt St Carlisle, PA 17013-3817 EMC Re: Loan No: 0010192680 Mortgage Property Address: 315 S Pitt St Corporation Carlisle, PA 17013-3817 9 N I T 04 A UR E PR p RE This is an official notice th at the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is rovided in the attached pages. IMPORTANT INFO ATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emerge icy Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. OF THE DATE OF THIS NOTICE. Take this Notice with you when + you mleet with the counseling agency. WITHIN 30 DAYS The name address and one number of Consumer Credit Counseling Agencies serving our county are listed at the end of this Notice. If you have an u stions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call 7 17-780-1869). This Notice contains impo ant legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to hel 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 Notificaion en adjunto s de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero menci nado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): Michael D Blumenthal PROPERTY ADDRESS: 315 S Pitt St Carlisle, PA 17013-3817 LOAN CCOUNT NUMBER: 0010192680 CURRE?I IT SERVICER EMC Mortgage Corporation Page two 0010192680 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ------ ---- ?-•- ...._ ._.,..,? 11?,,, lvlcciusure ana net ou make future mort a e payments if you comply ith the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been mused 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 F FORECLOSURE - Under the Act, you are entitled to a temporary stay of the 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 cred t counseling agencies listed at the end of this Notice. This meeting must occur within the neat thirty (30) days. IF YOU DO NO APPLY FOR FMFRr pmrv AAnn-rr_Ar1II A0010 1- T" ??./i.Ull l?llrA %,n-ai.n i UUNJCLINU 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 umbers of designated consumer credit counseling agencies for the coup in which our property is located are set forth at the end o this Notice. It is only necessary to schedule one face-to-face meeting. Advise this lender immediately of your intentions. ?= 1 L1VA 11V1V rVK M Ki CJAtit ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for speci is information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have he right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill o it, sign and file a completed Homeowners' Emergency Assistance Program Application with one of the designated consumer cre it counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the prog am 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 YOU APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIO S SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND OUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Av ilable funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibilityty criteri established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your appli ation. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth ab ve. 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 F 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) NATURE OF THE DEFA LT - The MORTGAGE debt held by the above lender on your property located at 315 S Pitt St Carlisle, PA 17013-3817 IS SERIO SLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 08/01/2008: (b) Late charge( : $3,416.34 $0.00 (c) Other charge s): NSF and Advances $7.95 (d) Less: Credit Balance (e) Total amount required as of 10/29/2008: $70.19 $3,354.10 YOU HAVE FAILED TO AKE THE FOLLOWING ACTION (if applicable): nu w V V UKt I HE DE AULT - You may cure this default within THIRTY (30) DAYS from the date of this Notice BY PAYING THE TOTAL A OUNT PAST DUE TO LENDER, WHICH IS $3,354.10, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (a d other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, ca hier's check, certified check, or money order made payable to EMC Mortgage Corporation at Po Box 660753 Dallas, TX 75266-(753. Page three 0010192680 Al L V0 uU A U I UUK?, IHE-DEFAULT - If you do not cure the default within THIRTY (30) DAYS of date of this Notice, the lender intends to exerci a its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due imme iately'and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not ade within THIRTY (30) DAYS, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclos upon your mortgaged property IF THE MORTGAGE I FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your ase to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will still be required to pay a 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 are over $50.00. Any attorney's fees will added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THI TV (30) DAY period, you will not be required to pay attorneys' fees. V nnK LtNVtK KEM 'DIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the mortgage. V v V 1W L 11L;. 1-Ft%UL I rKIUK 1 U JHEKIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure pr ceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs ale. You may do so by paying the total amount then past due plus any late or other charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing byte lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in thi notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE HERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriffs Sale of the mortgaged proprty could be held would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: EMC Mortgage Corporation Addre Po Box 660753 Dallas, TX 75266-0753 Teleph ne Number: 1-800-723-3004 nrrm-i ur SHERIFF'S ALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furniture and other belongings could be tarted by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the utstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortga a are satisfied. YOU MAY ALSO HAVI -- To sell the property off this debt. -- To have this default -- To have the mortgal your default more tt -- To assert the none) documents. -- To assert any other c -- To seek protection u THE RIGHT obtain money to pay off the mortgage debt, or to borrow money from another lending institution to pay by any third party acting on your behalf. restored to the same position as if no default had occurred. (However, you do not have this right to cure i three times in any calendar year). tence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage you believe you may have to such action by the lender. the federal bankruptcy law. Page four 001019268C EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you t irty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address below or verbally within the thi day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you v rification of the debt or a copy of any judgment entered against you. 2) Provide to you a name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Mortgage Corporation Po Box 660753 Dallas, TX 75266-0753, 1-800-723-3004 Appendix B Consumer Credit Counseling Agency Notification To: Name of mortgagee: i Address: In accordance with the P nslyvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983) we have been approached for mortgage , counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, If different from above. The counseling agency et with the above named applicant on Date Who have indicated that foreclosure from: they are more than sixty (60) days delinquent on their mortgage payments and have received notification to Name and Address of Mortgage In accordan a with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1. If the delinquen listed above m cy cannot be resolved with in the 30 day forbearance period as provided by the Servicer, the applicant apply to the Pennsylvania Housin Finance A f H ' g gency or omeowner s Emergency Mortgage Assistance. 2. By a copy of thi s Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also havin mortgage on th g a property identified above. 3. It is our underst ding that the 30 day forbearance period in which we are now in ends on 4. No legal action met by the hom ?o enforce the mortgage may occur during this forbearance period, unless procedural time limits were not owner. * Indicates Counties Serviced Acorn Housing Corporation 846 North Broad Street Americon Financial Counseling Services Bucks County Housing Group Philadelphia, PA 19130 1 Abington Plaza, Suite 403 Old York Road and Township Line 470 Old Dublin Pike Doylestown PA 18901 (215) 765-1221 *Bucks, Chester, Delaware, ! Montgomery, Jenkintown, PA 19046 (800) 490-3039 , (866) 866-0280 * Philadelphia 'Delaware, Montgomery Bucks Action Housing Inc American Financial Counseling Services Bucks County Housing Group 515 West End Blvd 425 6th Avenue, Suite 950 Pittsburgh PA 15219 175 Strafford Avenue, Suite One Quakertown, PA 18951 , (412) 281-2102 Wayne, PA 19087 800) 490-3039 ?-0280 * ' *Allegheny, Beaver, Butler, F ayette, Greene, *Bucks, Chester, Delaware, Mongomery Bucks Bucks Washington, Westmoreland , Philadelphia Budget Counseling Center Adams County Interfaith Hou sing Authority American Financial Counseling Services 247 North Fifth 9601 Street Reading 40 E High Street Gettysburg PA 17325 906 Penn Avenue , (610) 375-7866 , (717) 334-1518 Wyomissing, PA 19610 (610) 780-0680 *Berks, Chester, Schuylkill *Adams, Cumberland, Franld n, York *Becks Carroll Park Community Council, Inc. Advocates for Financial Inde ndence American Red Cross - Hanover Chapter 5218 Maste Street P hiladelph ar PA 19131 1806 S Broad Street, Suite 11 Philadelphia PA 19145 3 529 Carlisle Street (215) 877-1157 , (215) 389-2810 Hanover, PA 17331 (717) 637-3768 *Chester, Delaware, Philadelphia *Philadelphia 'Adams, Franklin, York CCCS of Delaware Valley Allegheny County Acorn American Red Cross of Chester 1230 New Rodgers Road, Suite F1 Bristol PA 19007 5907 Penn Avenue, Suite 30 Pittsburgh PA 15206 1729 Edgemont Avenue , (215) 563-5665 , (412) 441-6551 Chester, PA 19013 (610) PA 84 'Bucks 'Allegheny *Chester, Delaware CCCS of Delaware Valley American Credit Counseling I stitute APM 1515 Market Street, Suite 1325 21 S Church Street 2147 Norht Sixth Street Philadelphia, PA 19107 (215) 563-5665 West Chester, PA 19380 (888) 212-6741 Philadelphia, PA 19122 'Bucks, Delaware, Montgomery, Philadelphia *Chester (215) 235-6788 * Chester, Delaware, Philadelphia CCCS of Delaware Valley American Credit Counseling I stitute Armstrong CO Community Action Agency 1777 Sentry P A 19422y W, Suite 200 B lue Bell 300 North Pottstown Pike, Su' Exton PA 19341 a 210 124 Armsdale Road, Suite 211 , (215) 563-5665 , (888) 212-6741 Kittanning, PA 16201 (724) 548-3405 'Montgomery *Berks, Bucks, Montgomery *Armstrong CCCS of Delaware Valley American Credit Couselin In 9 'lute Blair County Community Action Agency 280 North Providence Road Media PA 19063 528 Dekalb Street Norristown PA 19401 2100 6th Avenue, Suite 102 , (215) 563-5665 , (610) 971-2210 P.O. Box 1833 Altoona, PA 16602 'Delaware *Montgomery (814) 946-3651 CCCS of Delaware Valley American Credit Counseling In titute 'Blairl Marshal Building 530 W Street Road, Suite 201 Warminster PA 18974 Booker T. Washington Center 790 E Market St, Suite 170 West Chester, PA 19382 , (215) 444-9429 1720 Holland Street Erie PA 16503 (215) 5 * *Bucks, Montgomery, Philadelp hia. , (814) 453-5744 Chester, DelaDelia ware American Credit Counseling Ins titute 'Crawford, Erie, Warren CCCS of Delaware Valley 845 Coates Street Bucks County Housing Group Catholic Social Services Building 7340 Jackson Stre t Coatesville, PA 19320 (888) 212-6741 200 West Bridge Street e Philadelphia, PA 19136 'Bucks, Chester, Montgomery, hiladel hia Morrisville, PA 19067 (866) 866-0280 (215) 563-5665 'Bucks Bucks, Phila4 delphia American Credit Counseling In titute 937 North Hanover Street Pottstown PA 19460 Bucks County Housing Group CCCS Delaware Valley One Cherry Hill, Suite 215 , (888) 212-0741 2324 Second Street Pike, Suite 17 Cherry Hill, PA 08002 *Berks, Bucks, Montgomery Wrightstown, PA 18940 (866) 866-0280 (215) 563-5665 ' *Bucks Philadelphia Bucks County Housing Group CCCS of Lehigh Valley 3671 Crescent Court East 349 Durham Road Whitehall, PA 18052 Penndel, PA 19047 (610) 821-4011 (866) 866-0280 * 'Becks, Bucks, Carbon, Lancaster, Lehigh I Bucks , Northhampton, Schuylkill * Indicates Counties Serviced CCCS of Northeastern PA 1400 Abington Exec. Park, Suite 1 Clarks Summitt, PA 18411 (570) 587-9163 *Carbon, Columbia, Lackaw nna Lycoming, Monroe, Montour, Northum rland, Pike, Sullivan, Tioga, Union, Way , Wyoming CCCS of Northeastern PA 201 Basin Street, Suite 6 Williamsport, PA 17701 (570) 323-0627 *Centre, Clinton, Lycoming, Union CCCS of Northeastern PA 202 W Hamilton Avenue State College, PA 16801 (814) 238-3668 *Blair, Centre, Clearfield, C Juniata, Mifflin CCCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 (570) 602-2227 *Bradford, Carbon, Columbia Lycoming, Monroe, Montour, Pike, Sullivan, Tioga, Union, CCCS of Northeastern PA 411 Main Street, Suite 104 Stroudsburg, PA 18360 (570) 420-8980 *Bradford, Carbon, Monroe, F CCCS of Western PA 1 North Gate Square #2 Garden Center Dr Greensburg, PA 15601 (888) 511-2227 *Fayette, Greene, Indiana, Sc Washington, Westmoreland CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 *Adams, Cumberland, E Synder, York CCCS of Western PA 219-A College Park Plaza Johnstown, PA 15904 (888) 511-2227 *Cambria, Clearfield, Indiana, CCCS of Western PA 312 Chestnut Street, Suite 227 Meadville, PA 16335 (888) 511-2227 *Lawrence CCCS of Western PA 41 East Chestnut Street Washington, PA 15301 (888) 511-2227 *Washington CCCS of Western PA 4402 Peach Street Erie, PA 16509 (888) 511-2227 *Crawford, Erie, Warren CCCS of Western PA 524 Franklin Avenue Aliquippa, PA 15001 (888) 511-2227 *Cameron CCCS of Western PA 917 A Logan Boulevard Altoona; PA 16602 (888) 511-2227 *Armstrong, Bedford, Blair, Cambria, Centre, Clearfield, Huntingdon, Juniata, Mifflin, Union CCCS of Western PA 971 Third Street Beaver, PA 15009 (888) 511-2227 *Beaver Ion, Huntingdon, CCCS of Western PA Colonial Shopping Center 970 S George Street York, PA 17403 (888) 511-2227 *Franklin, Fulton, Lancaster, York Lackawanna, CCCS of Western PA Jorthumberland, Pullman Commerce Center Jayne, Wyoming 112 Hollywood Dr Butler, PA 16001 (888) 511-2227 *Butler, Clarion, Jefferson, Mercer, Venango CCCS of Western PA ke, Wayne River Park Commons 2403 Sidney Street Pittsburgh, PA 15203 (888) 511-2227 *Allegheny Chester Community Improvement Project erset, 412 Avenue of the States P.O. Box 541 Chester, PA 19016 (610) 876-8663 *Chester, Delaware, Montgomery, Philadelphia Comm. On Econ Opportunity of Luzeme Co. Franklin, Perry, 163 Amber Lane Wilkes-Bane, PA 18702 (570) 826-0510 *Carbon, Luzeme, Schuylkill, Wyoming Community Action Commission of Capital merset Region 1514 Derry Street Harrisburg, PA 17094 *Cumberland, Dauphin, Franklin, Perry, Synder Community Action Committee of the Lehigh Valley 1337 East Fifth Street Bethlehem, PA 18015 (610) 691-5620 *Berks, Carbon, Lehigh, Monroe, Northhampton Community Action Development Comm - CADCOM 113 E Main Street Norristown, PA 19401 (610) 277-6363 *Montgomery Community Action Southwest 150 W Beau Street, Suite 304 Washington, PA 15301 (724) 225-9550 *Washington Community Action Southwest 58 E Greene Street Waynesburg, PA 15370 (724) 852-2893 *Allegheny, Fayette, Greene, Washington, Westmoreland Congreso 216 West Somerset Street Philadelphia, PA 19133 (215) 763-8870 *Philadelphia Council of Spanish Speaking Organization 705-09 North Franklin St Philadelphia, PA 19123 (215) 627-3100 *Philadelphia Diversified Community Service Dixon House 1920 South 20th Street Philadelphia, PA 19145 (215) 336-3511 *Bucks, Chester, Delaware, Philadelphia Fair Housing Partnership of Greater Pittsburgh, Inc. 2840 Liberity Ave., Suite 205 Pittsburgh, PA 15222 (412) 391-2535 *Allegheny Fayette Co. Community Action Agency Inc 137 North Beeson Avenue Uniontown, PA 15401 (724) 437-6050 *Fayette, Somerset FOB CDC 1201 West Only Avenue Philadelphia, PA 19141 (215) 549-8755 *Bucks, Chester, Delaware, Philadelphia Frankford CDC 4625 Frankford Avenue, 2nd Floor Philadelphia, PA 19124 (215) 743-9201 *Philadelphia Garfield Jubilee Associates 5138 Penn Avenue Pittsburgh, PA 15224 (412) 665-5200 *Allegheny Germandtown Settlement 5538 Wayne Avenue Bldg C Philadelphia, PA 19144 (215) 849-3104 *Bucks, Chester, Delaware, Montgomery, Philadelphia Greater Erie Commun. Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 *Crawford, Erie, Venango, V arren HACE 167 W Allegheny Ave., 2nd Floor Philadelphia, PA 19140 (215) 426-8025 *Bucks, Chester, Delaware, ila Housing Alliance of York 35 South Duke Street York, PA 17401 (717) 854-1541 *York Housing Assoc. of Delaware 1500 Walnut Street, Suite 60 Philadelphia, PA 19102 (215) 545-6010 *Philadelphia Housing Assoc. of Delawre 658 North Watts Street Philadelphia, PA 19123 (215) 978-0224 *Philadelphia Housing Opportunities of B, 320 College Avenue, Unit 1 Beaver, PA 15009 (724) 728-7511 'Beaver, Lawrence Housing Partnership of Che 41 West Lancaster Avenue Downingtown, PA 19335 (610) 518-1522 'Chester, Delaware, Montp Huntingdon County Housing Weatherization, Inc. 917 Mifflin Street Huntingdon, PA 16652 (814) 643-2342 *Bedford, Blair, Fulton, Hunfi Mifflin, Perry Indiana Co. Community Action Prog. 827 Water Street Box 187 Indiana, PA 15701 (724) 465-2657 I *Armstrong, Cambria, CleafielQl, Indiana, Jefferson, Westmoreland Intercultural Family Services In . 4225 Chestnut Street Philadelphia, PA 19104 (215) 386-1298 *Philadelphia Keystone Economic Develop. C rp. 1954 Mary Grace Lane Johnstown, PA 15901 (814) 535-6556 I *Bedford, Blair, Cambria, Clearf(eId, Indiana, Somerset, Westmoreland * Indicates Counties Serviced Co. Koren Comm. Develop. Services Center 6055 Norht 5th Street Philadelphia, PA 19120 (215)276-8830 *Philadelphia Lawrence County Social Services, Inc. 241 West Grant Street P.O. Box 189 New Castle, PA 16103 (724) 658-7258 *Lawrence Liberty Resources 714 Market Street, Suite 100 Philadelphia, PA 19106 (215) 634-2000 *Philadelphia Loveship, Inc. 2320 North 5th Street Harrisburg, PA 1711 (717) 232-2207 *Cumberland, Dauphin, Perry Lycom-Clntn Co Comm fo Comm Action 2138 Lincoln Street P.O. Box 3568 Williamsport, PA 17703 (570) 326-0587 *Centre, Clinton, Lycoming, Union New Life Comm. Housing Devel Corp. 712 Hawkins Avenue Braddock, PA 15104 (412) 351-4077 *Allegheny, Washington, Westmoreland Northern Tier Community Action Corp. 135 West 4th Street P.O. Box 389 Emporium, PA 15834 (814) 4861161 *Cameron, Elk, Mckean, Potter Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 (215) 324-7500 *Bucks, Chester, Delaware, Montgomery, Philadelphia Nueva Esperanza 4261 North 5th Street Philadelphia, PA 19140 (215) 324-0746 *Philadelphia Pennsylvania Housing Finance Agency 2275 Swallow Hill Rd., Bldg 200 Pittsburgh, PA 15220 (412) 429-2842 *Allegheny Maranatha PHFA 43 Philadelphia Avenue 211 North Front Street Waynesboro, PA 17268 Harrisburg, PA 17110 County (717) 762-3285 (800-) 342-2397 *Adams, Cumberland, Franklin, Fulton, Perry 'Cumberland, Dauphin Media Fellowship House 302 South Jackson Street Media, PA 19063 (610) 565-0434 n9 *Chester, Delaware Mon Valley Unemployment Committee 1800 West St., 3rd Floor Homestead, PA 15120 Juniata, (412) 462-9962 *Allegheny; Washington, Westmoreland Mt. Airy, USA 6703 Germantown Ave., Suite 200 Philadelphia, PA 19119 (215) 844-6021 *Philadelphia Nazareth Housing Services 285 Bellevue Road Pittsburgh, PA 15229 (412) 931-3510 *Allegheny Neighborhood Housing Services Inc. 213 N 5th St., Suite 1030 Reading, PA 19601 (610) 372-8433 *Barks Neighborhood Housing Services 710 5th Avenue, Suite 1000 Pittsburgh, PA 15219 (412) 281-9773 *Allegheny Philadelphia Council for Comm. Advmnt. 100 N 17th St, Suite 600 Philadelphia, PA 19103 (215) 567-7803 *Chester, Delaware, Montgomery, Philadelphia Philadelphia Senior Center 509 South Broad Street Philadelphia, PA 19147 (215) 546-5879 *Philadelphia Schuylkill Community Action 225 N. Centre Street Pottsville, PA 17901 (570) 622-1995 Barks, Carbon, Lebanon, Lehigh, Luzeme, Northumberland, Schuylkill Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (724) 981-5310 *Crawford, Lawrence, Mercer South Philadelphia H.O.M.E.S. 1444 Point Breeze Avenue Philadelphia, PA 19146 (215) 334-4430 *Philadelphia Southwest Community Development Corp. 6368 Paschall Avenue Philadelphia, PA 19142 (215) 729-0800 *Philadelphia St. Martin Center 1701 Parade Street Erie, PA 16503 (814) 452-6113 *Crawford, Erie, Venango, V arren Tableland Services Inc. 535 East Main Street Somerset, PA 15501 (814) 445-9628 *Cambria, Fayette, Somers, Wes Tabor Community Services 308 E King Street, Suite 1 Lancaster, PA 17602 (717) 397-5182 *Chester, Lancaster, Lebanon The NORCAM Group 4200 Crawford Avenue, Suit 200 Northern Cambria, PA 1571 (814) 948-4444 *Cambria, Clearfield The Trehab Center of Northe stem 10 Public Avenue P.O. Box 366 Montrose, PA 18801 (570) 278-3338 *Susquehanna " Indicates Counties Serviced The Trehab Center of Northeastern PA 115 SR 92S Tuckhannock, PA 18657 (570) 836-6840 *Wyoming The Trehab Center of of Northeastern PA 1225 Main Street Honesdale, PA 18431 (570) 253-8941 tmoreland *Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming The Trehab Center of Northeastern PA 144 E East Avenue Wellsboro, PA 16901 (570) 724-5252 *Tioga The Trehab Center of Northeastern PA German Street P.O. Box 389 Dushore, PA 18614 (570) 928-9667 PA *Sullivan The Trehab Center of Northeastern PA The Enterprise Center 703 S. Elmer Ave., Suite M-6 Sayre, PA 18840 (570) 888-0412 *Bradford United Communties Southeast Philadelphia 2029 South 8th Street Philadelphia, PA 19148 (215) 467-8700 *Philadelphia Urban League of Philadelphia 1818 Market Street Philadelphia, PA 19103 (215) 561-6070 *Bucks, Delaware, Philadelphia Urban League of Pittsburgh Building for Equal Opportunity One Smithfield St. Pttsburgh, PA 15222 (412) 227-4802 *Allegheny Voices for Independence 3711 West 12th Street Erie, PA 16505 (800) 838-9890 *Erie Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave W. P.O. Box 547 Warren, PA 16365 (814) 726-2400 *Forest, Waren r ,W, W Q .n t ? 4'77 c7N t Q (I ) ' GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1 PO Box 293150 Lewisville, TX 75029 VS. MICHAEL D. BLUMENTHAL Mortgagor(s) and Record Owner(s) 315 South Pitt Street Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 09-1410 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to Plaintiff's Complaint filed on March 06, 2009 in the above captioned matter. GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff r GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQI PO Box 293150 Lewisville, TX 75029 VS. MICHAEL D. BLUMENTHAL Mortgagor(s) and Record Owner(s) 315 South Pitt Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 09-1410 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification to Plaintiffs Complaint was served on Defendant(s) via first class mail on March 12, 2009 as follows: MICHAEL D. BLUMENTHAL 315 South Pitt Street Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER Michael T. McKeever Attorney for Plaintiff • VERIFICATION 1,y•-*_ , as the representative of the servicing agent for 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:- ?(a5! ? 4TI1 A, NATIONAL O AS SUC CESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, BY EMC MORTGAGE CORPORATION, AS ATTORNEY IN FACT #78597FC MICHAEL D. BLUMENTHAL 315 South Pitt Street Carlisle, PA 17013 CS a-, " ` GJ t :) fT i71 -+C Sheriffs Office of Cumberland County R Thomas Kline ? titn of chin br ?$7 Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF CE '-?rrrrE r-::RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/12/2009 09:45 AM - Timothy Black, Deputy Sheriff, who being duly swom according to law, states that on March 12, 2009 at 0945 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael D. Blumenthal, by making known unto Zach Blumenthal, son of defendant, at 315 South Pitt Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $32.50 (PAID) March 13, 2009 S"OO ANS7,WEERRS, R THOMAS KLINE, SHERIFF St-re ?Tff Docket No. 2009-1410 Bank of America NA v Michael D. Blumenthal f CO a h GOLDBECK McCAFFERTY & McKEEVER ATTORNEY FOR PLAINTIFF BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Plaintiff BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1 PO Box 293150 Lewisville, TX 75029 vs. ~' ~~ ~.~-l~~~f~~ ~3~ T~~~ ~ - ~ ~~1~1~P~t1TA~~~~' ~o~aoc~ -~ ~~~ ~~ 2~ CLi~iE3~C~~~~~eCOU~dT'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 09-1410 MICHAEL D. BLUMENTHAL 315 South Pitt Street Carlisle, PA 17013 Defendant(s) PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. ichael T. McKeever, Esquire Attorney for Plaintiff