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Home My WebLink About09-3287GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. ATHENA J. BRELLOS JOSEPH E. JIRAS Mortgagors and Record Owners 2014 Lincoln Street Camp Hill, PA 17011 Defendants OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term CIVIL AC nON: MORTGAGE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A o4 IN THE COURT OF COMMON PLEAS 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 TELL-FOND LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.Mx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.org/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 homeretentionaa,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 79984FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is GMAC MORTGAGE, LLC; 3451 Hammond Avenue, Waterloo, IA 50702. 2. The names and addresses of the Defendants are ATHENA J. BRELLOS, 2014 Lincoln Street, Camp Hill, PA 17011 and JOSEPH E. JIRAS, 2014 Lincoln Street, Camp Hill, PA 17011, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On May 05, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR GMAC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1906, Page 3671. The mortgage has been assigned to: GMAC MORTGAGE, LLC by assignment of Mortgage May 14, 2008 as Instrument # 200815828. 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 December 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 ..................................................................................$157,542.14 Interest from 11/01/2008 through 03/31/2009 at 6.6250% .......................$4,317.08 Per Diem interest rate at $28.59 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$7,877.11 Late Charges from 12/01/2008 to 03/31/2009 .............................................$187.28 Monthly late charge amount at $46.82 Costs of suit and Title Search ......................................................................$900.00 Escrow ....................................................................................................... $4,900.38 Property Inspection Fee ...............................................................................$135.00 Unapplied Funds .......................................................................................... ($33.00) Monthly Escrow amount $414.23 $175,825.99 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $175,825.99, together with interest at the rate of $28.59, 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: GOLDB C McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, IteIg as the representative of the Plaintiff corporation within nam do ereb 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 unswom falsification to authorities. Date: 16? doy #79984FC ATHENA J. BRELLOS and JOSEPH E. R AS 2014 Lincoln Street Camp Hill, PA 17011 1?Y.? , ..,?; ;?::? ?. E.,XhibitA 1 Apr 23 2008 6:I6RM HP LASERJET 3330 P-23.._,... SCI-iEDIJLE "A" PARC L NO.Oi-21?0271-1368 ALL THAT CERTAIN toot of land altustrs In C. nv K1 borough Curnbwi 4 County. PaNnsyhrents, mom 0srUou" bounded aM d9a0rNiad as follows, to wk BMNNNG at a po t on IM no*wm &w of Unaob ftast twine ft Sedcley $Ww% on the d Aft lkw beh jw tots 166 and 167 an Vo hendnaAw na-1111cr,ed pknofk*; therso in a vNmelsNy ldirsation atonQ the t Nne ot4l.Ittootn a of 80 feet to a point on g Ire itebowst+ Lob 158 an@ 159 an said VW, town in a n of 104 polot onnt8i??sst dMdkw Ike of iLoR 178 an srid p ry tHstws lO a d feMlOs direcdion abng the djaul *m rare of Lot 178 and Lat 196 an acid pha, a c of'8l) OV Nne bOAven Lab 168 arJd 167 on acid planet once in a feet to a point or? teja socshod, dUs 0 an sold dM tg SRO bsl~ar00n Lotai< 188 add 187 an said pW. a disthnoa of 100 paYnt an tt1@ northern Nde of tkmtn Sboot aftme 1Pd the point and plum of BEM . G. SMNQ Lots Nos. 147 and 168 on the plan of Cwv HI) Esta++E alas as recorded in the Ctw twr*W Com* Recorder of Deeds Chios In Plan Book 1, Pfte 9Q HAVING n ftest on erWed a s%ffie *wAy? dm*V house known wwW mwbpmd as 2014 UNDER AND SUB*CT, mWedhelews, to all concNNons, r+esbtcdons, easaments and rl" of way of ptiof rand. I :. i:s !e be recor;Icd 4411(1 ::owYty PA Recorder Of Deeds BK i 906-PG3688 E?hibit B ACT 91 NOTICE DATE OF NOTICE: March 19, 2009 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mortgage on it home is in de It and the lender intends to foreclose Specific information about the nature of the default is pro` the attached pages. The HOMEQ WNER'S MORTGAGE ASSISTANCE PR pW be able to help to save your home This Notice explains how the pr2aPm works. To see if HEMAP can help mu t MEET WITH A CONSUMER CREDIT C E IN A ENCY -WMM-- DAYS OF DATE F THIS NOTICE. Take this Notice with you when , ou meet with the Counseling Age?cy_ The name, address and phone number of Consumer Credit Co elina Agencies serving Your County are listed at the end of this Notice If you have any questions you may call the Penns hNr6g lvaiua H Finance AgMy toll free at !--8-00-342-2397. (Persons with im c 1 717 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacon en adjunto es de suma importaneia, pees afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arrlba.. Puedes ser elegible pare un prestamo por el programs Hamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salver su case de la perdida del derecho a redimir su hipoteca. Prepared by. GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 Date: March 19,'2009 Homeowners Name: ATHENA J. BRELLOS and JOSEPH E. JIRAS Property Address: 2014 Lincoln Street, -Camp HK pA 17011 Loan Account No.: 0578650905 Original Lender: GMAC MORTGAGE CORPORATION Current Lender/Seavicer: GMAC MORTGAGE CORPORATION HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU Y E FOR MUL AAS ISTANCE WHICH -AN SAVE YOUR gpM M FORECLOSM YOU MAKE EMU MORTG&% PA IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARv STAY OF FO FCLOSU , - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days fioin the date of this Notice (plus three (3) days for mailing). Daring that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the and of this Notice. NOT THE PART OF Tag NOTICE Ai.T a" 3M TO Q= RATE, NKMMAQ& ME-TO YOUR NQUEGAM D TF RUMULT". W YOUR O CONSUMER CREDIT COUNSJU iNG A gN c _ 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. consumer credit course tnMM6" of a ai --- 'es for the county in which the W gjXis located are set forth at the of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program- To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WELL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIM BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. JNUTE: IF YOU ARE CURRMTLY.PROTECTLD-BY THE PU I14G -Or A PETITION BAN1kRUPTCY, THE FOLLOWING.pART OF THIS NIMCE.IS FOR INFO111kWTION PMQ$ES ONLY AND SHOULD NOT BE CONSIDERED AS AN ArITMPT. TO COLLECT THE DEBT.. (if you have tiled bankruptey YOU can sm apply for FameMmy MqjUW Aare. HOW-TO-CM YOUR MORTGAGE DEFAULT (BrLm k un is date), NATURE OFT DEFAULT - 'The MORTGAGE debt held by the above lender on your property located at: 2014 Liaeoln Street, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 12/01/2008 thru 3119/2009 (4 mos. at $1,350.64/month) $5,402.56 (b) Late charges from 12/01/2008 thru 3/19/2009 $187.28 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $5,589.84 HO TOCURE THE DEFAULT _ You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL, AMOUNT PAST DUE TO THE LENDER WHICH IS L,89.84, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, a must be made 'th ec certifi ad ck or one order made payable and sent to: GMAC MORTGAGE, LLC LOSS MITIGATION DEPARTMENT 3451 Hammond Avenue Waterloo, IA 50702 IF YOU DO NOT .rmF THE DEFAULT _ if you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lmder to Anmht Its rkbtx to dwMe 1k m2XUM debt- This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mort If full payment of the total amount past due is not made within THIRTY (30) AYS, the lender so ts. intends to instruct its attorneys to start legal action to foreeleae neon your MRrt? um n IF THE Mlnitz'[;srr rcE"RECL UD UPON _ The mortgaged property will be sold the Sheriff to pay off the mortgage debt. If the leader refers your case to its attorneys, but you cure the delinquency before the leader brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the hula, which m 22"j" IS ng beMmired to ay also include other reasonable costs. I AY 'f balance and all other sums due under Elmo gag may also, sue you personally for the unpaid principal RIGHT TO C IRE THE DEFAULT PRIOR TO S RRiF S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the rithe default and themk gj My time MR to one hour ore the s Sale. Yp-u =X do so Ypav' g the total amount then M due ply=9L. late or other diarmsym due. Mosonable a with the I wi S s e s ed in aifing b leader and by = o oth eats der them me Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. FARLIEST i E S Rims SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four (4) to six 6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC MORTGAGE, LLC Adams: 3451 Hammond Avenue Waterloo, IA 50702 Phone Number: 800-850-4622 Fax lumber: 319-236-7437 Contact: Loss Mitigation Department EFFECT OF SHERIFFS E - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASAMMON OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALS HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO' HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact: Lass Mitigation Department Phone Number: 800-850-4622 6 HEIVIAP Consumer Credit Counseling Agencies tad upcbded. VA=100e i:62rN FW Lyom xkm Co Comm fa Comm AeMw 21x8 Umft 8ked P.O. emu" WimWPOM PA 17708 570.328.0687 C ww" county, MNrbfsa Ceedit powraeip bregktte 212 Oenr4akaias lb" Hwy NOOCCP mk, PA 18836 886+488#47 . CCC$ of MMOSSAM PA 401 Laurel Sbeat Pt6ebM PA 18840 571 AN2227 8003213637 CRAWFORD Count CM of VAmtwf PA 2000 Ungbdwm good Hentebu% PA 17102 886A112227 888.6112227 Cannu* Adbn COMMINSI n Of CgMW PAOIpa 1514 Deny Sbed Hnrrbbum PA 17104 717.232.9757 1.ot?eow Inc 2320 NwM ft abed Hanttbu% PA 17110 717:231.x107 43 Phkddphta Avenue WagneabOM PA 17288 717.782.3285 gook r T. weahk*p" pang - 172011o6and Street E* PA 16503 814AMW44 CCCti of Vbtb ft PA 4402 Pad. 8peat Erb, PA 18608 888.511.2227 w 108 888.811.7127 od 108 Center for Femtbr awvkM InO. 213 Centtrr Street Mmdvft PA 18335 814.337.8460 *MOW Ed* Cann ua6y A06en Commtflee 18 Wed 6TH Sb" Ede, PA 10601 814469,4681 wwwow Ve ft mm Lawn, km 801 km na Avenue FW MR PA 18121 724.981,8$10 SR &bnkt cwdw 1701 Parade $bum &1e. PA 16503 514A82.8113 CUMMEpLANp CounW HeaaAmOmft 40 E Fah Skeet k?p OetSrebur% PA 17328 717.354,1618 PHFA 211 NOM Front Sh" HW"WuaPA 17110 717.78022 800.3422887 DAUPHIN County CCCBofliWsbrn PA 20M Ungbdawn R d HWdd W% PA 17102 888.6112227 888.5112227 Commwft Awon Coawdeektn of cq" f4eaorr 1514 Derry Strad NOR". PA 17104 717.2313787 l oraeW me. 2820 NOM 6M Skeet HaetdwL PA 17110 717232,2207 Opporbif t be. 801 End 14utod Street York, PA 17409 TITA224MO PHFA 211 NoM Front Street Hants M. PA 17110 717.780.3940 WOA42.2397 DELAWARE Count' AOmn t!law ft Ctnratim 648 North Brad a, ROW*W PA 16180 216385.1221 Papa 7 of 19 0-1? 2V663 'e'2 ? 11 "j): I CK-rd 382f31 "0 Sheriffs Office of Cumberland County R Thomas Kline nt aarb a Sheri?rl 4-0 Edward L Schorpp Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE CF THE S?-ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/26/2009 08:50 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 26, 2009 at 2050 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joseph E. Jiras, by making known unto himself personally, defendant at 2014 Lincoln Street Camp Hill, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/02/2009 08:26 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2009 at 2026 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Athena J. Brellos, by making known unto Athena J. Brellos personally, at 2020 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $71.00 SO ANSWERS, June 04, 2009 2009-32.87 GMAC Mortgage v Athena Brellos C= ITl,rr; C Z Z: rs- - 8? ?.. CD E5 ? W -i d In the Court of Common Pleas of Cumberland County GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. ATHENA J. BRELLOS JOSEPH E. JIRAS (Mortgagor(s) and Record Owner(s)) 2014 Lincoln Street Camp Hill, PA 17011 Plaintiff Defendant(s) PRAECIPE FOR JUDGMENT No. 09-3287 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against ATHENA J. BRELLOS and JOSEPH E. JIRAS by default for want of an Answer. Assess damages as follows: Debt Interest from 7/14/2009 to Date of Sale per diem at $28.59 Total (Assessment of Damages attached) $180,643.55 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 ~'1 me ~_ Michael T. McKeever Attorney for Plaintiff I.D. #56129 AND NOW ~~,(/ (.~ ~ ~ 0~~~ ~ ,Judgment is entered in favor of GMAC MORTGAGE, LLC and ag nst ATHENA J. BRELLOS and JOSEPH E. JIR.AS by default for want of an Answer and damages assessed in the sum of $180,643.55 as per the above certification. Pr onotary Sheriff s Office of Cumberland County R Thomas Kline ' 4~~Ptiy a e.u~nbcy~$ a:.uncuu ,.. uVUV.YY e. i Solicitor Sheri„' Ronny R Anderson ~ -`'=~=` Jody S Smith Chief ~PutY OFFaCF ?F THE S'!ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/28/2009 08:50 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 26, 2009 at 2050 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joseph E. Jiras, by making known unto himself personally, defendant at 2014 Lincoln Street Camp Hill, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/02/2009 08:26 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2009 at 2026 hours, he served a true copy of the within Complaint in Mortgage f=oreclosure, upon the within named defendan#, to wit Athena J. Brellos, by making known unto Athena J. Brellos personally, at 2020 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $71.00 SO ANSWERS, //~ ~.iv+rrrtr.~~ ~.a~~F June 04, 2009 2009-32.87 C~7AC Mortgage v Athena Brellos 79984FC 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. DATE OF THIS NOTICE: June 23, 2009 TO: ATHENA J.BRELLOS BRELLOS, ATHENA J. 2020 Market Street Camp Hill, PA 17011 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. ATHENA J. BRELLOS JOSEPH E. JIRAS (Mortgagor(s) and Record Owner(s)) 2014 Lincoln Street Camp Hill, PA 17011 TO: ATHENA J. BRELLOS 2020 Market Street Camp Hill, PA 17011 In the Court of Common Pleas of Cumberland County Plaintiff CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. 09-3287 Defendant(s) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER. LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Cazlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Cazlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 79984FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM ~c'OU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: June 23, 2009 TO: ATHENA J.BRELLOS BRELLOS, ATHENA J. 2014 Lincoln Street Camp Hill, PA 17011 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. ATHENA J. BRELLOS JOSEPH E. JIRAS (Mortgagor(s) and Record Owner(s)) 2014 Lincoln Street Camp Hill, PA 17011 TO: ATHENA J. BRELLOS 2014 Lincoln Street Camp Hill, PA 17011 In the Court of Common Pleas of Cumberland County Plaints C'.IVIL ACTION -LAW Action of Mortgage Foreclosure Term No. 09-3287 Defendant(s) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRTI'ING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WTI'HOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Cazlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Cazlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 MaI•ket Street. Philadelphia, PA 19106 215-825-6318 79984FC 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. DATE OF T:[IIS NOTICE: June 23, 2009 TO: JOSEPH E. JIItAS JIRAS, JOSEPH E. 2014 Lincoln Street Camp Hill, PA 17011 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. ATHENA J.BRELLOS JOSEPH E. JIRAS (Mortgagor(s) and Record Owner(s)) 2014 Lincoln Street Camp Hill, PA 17011 TO: JOSEPH E. JIRAS 2014 Lincoln Street Camp Hill, PA 17011 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. 09-3287 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Cazlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OFNON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, ATHENA J. BRELLOS, is about unknown years of age, that Defendant's last known residence is 2020 Market Street Camp Hill, PA 17011, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: ~ ~ C' ~_ 7l «1~ f VERIFICATION OFNON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JOSEPH E. JIRAS, is about unknown years of age, that Defendant's last known residence is 2014 Lincoln Street Camp Hill, PA 17011, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: ~, /V`e ~~_ ~1~3~0 ~ GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney LD. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. ATHENA J. BRELLOS JOSEPH E. JIRAS (Mortgagor(s) and Record owner(s)) 2014 Lincoln Street Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) ORDER FOR JUDGMENT No. 09-3287 Please enter Judgment in favor of GMAC MORTGAGE, LLC, and against ATHENA J. BRELLOS and JOSEPH E. JIIZAS for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $180,643.55. m~~-- Michael T. McKeever Attorney for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 and that the name(s) and last known address(es) of the Defendant(s) is/are ATHENA J. BRELLOS, 2020 Market Street Camp Hill, PA 17011 and JOSEPH E. JIRAS, 2014 Lincoln Street Camp Hill, PA 17011; r~ C GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 11/01/2008 through 07/13/2009 $157,542.14 $7,290.44 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 4 X $414.23 Escrow Property Inspection Fee Unapplied Funds $7,877.11 $374.56 $900.00 $1,656.92 $4,900.38 $135.00 ($33.00) $180,643.55 f ~`~ 1Y~-C !~ AND NOW, this f (~ day of ;(.~ ~~ ~c.~l,Ut3t:C;K McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff 2009 damages are assessed as above. Pr Prothy FiLF ~ - ~~ Tk-~'~ i t ~ ~ ~:n,r~tf 2r~9 „i~L 1 ti P~~ 2~ 3 €~ -,,. ~~.)~w'! ,~, i~._ ., .. Pd ~~~~ ~o A~~ Ck~ 3~~Y ia~n ~~~ ~~~~ ~I~f~c~ mu~i~d Rule of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEA5 OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. ATHENA J. BRELLOS JOSEPH E. JIRA5 (Mortgagors and Record Owner(s)) 2014 Lincoln Street Camp Hill, PA 17011 Defendant(s) No. 09-328'1 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING 'TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned er h er d against you. Curt Lon I Protho tary ~, ~ ~ 1 Q~ gy. Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 U~ .; ....• PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. Plaintiff IN THE COUR"T OF COMMON PLEAS ATHENA J. BRELLOS JOSEPH E. JIRAS Mortgagor(s) and Record Owner(s) 2014 Lincoln Street Camp Hill, PA 17011 TO THE PROTHONOTARY: Defendant(s) of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 09-3287 PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: Amount Due Interest from 7/14/2009 to Date of Sale per diem at $28.59 (Costs to be added) $:180,643.55 ~~ GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff '~. w O a ~ .. E" p ° ~ > Z U -b ~ U ~ ~ a V] V] ~ N ~-. W y ; W ~y ~~ O / ~ O ~¢ ~ °' ~:+ . °~ a ~N ~ HMO Q o~ titi ~,~Q a O ~ F o ° 5 ~ a ~ y'',~`i'ad.,~ ,, ~~..yy ~. oE„ ~ QW ax as a~ ~ "' U ~ ~ za _ ~~~_~. ~ x ~ ~ ~~ ~ ~~ N O U Q W~ p ~ ~ x 04 N (~ ~ O v '~" ~ Q ~ ~ "~' ~ .~ U C~7 d ~ a .°'c~ a o W H o ~..~ U b ~ PARCEL NO. 01-21-0271-135B ALL THAT CERTAIN tract of land situate in Camp Hill Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Lincoln Street, formerly Berkley Street, on the dividing line between Lots 156 and 157 on the hereinafter mentioned plan of lots; thence in a westerly direction along the northern line of Lincoln Street, a distance of 60 feet to a point on the dividing line between Lots 158 and 159 on said plan; thence in a northerly direction along said dividing line between Lots 158 and 159, a distance of 100 feet to a point on the southern line of Lot 179 on said plan; thence in an easterly direction along the southern line of Lot 179 and Lot 180 on said plan, a distance of 60 feet to a point on the dividing line between Lots 156 and 157 on said plan; thence in a southerly direction along said dividing line between Lots 156 and 157 on said plan, a distance of 100 feet to a point on the northern line of Lincoln Street aforesaid, the point and place of BEGINNING. BEING Lots Nos. 157 and 158 on the plan of Camp Hill Estates as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 90. HAVING thereon erected a single family dwelling house known and numbered as 2014 Lincoln Street. .`y UNDER AND SUBJECT, nevertheless, to all conditions, restrictions, easements and rights of way of prior record. ~", r ~~GgJJ~_ I~ I~~ "~ 3'3 r'! `~ ~~~sa 9U~ ~~ ~I~UU ~ • ~U ~ j 9~0 ~~ P~3 F ~. ~~ U~ ~a- ad ~ ~a ~k ~ ~~~~~ ~~~ ~a~ is ~ E w-~~~f i :~5~~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-3287 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From ATHENA J. BRELLOS AND JOSEPH E. JHtAS (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 $180,643.55 L.L. $.50 Interest FROM 7/14/09 TO DATE OF SALE PER DIEM AT $28.59 Atty's Comm Atty Paid $190.00 Plaintiff Paid Date: 07/16/09 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs TO BE ADDED Curtis R. LorxgfP o on tary By: Name: MICHAEL T. MCKEEVER, ESQ. Address: MELLON INDEPENDENCE CENTER, SUITE 5000 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court ID No. 56129 Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. ATHENA J. BRELLOS JOSEPH E. JIRAS (Mortgagor(s) and Record Owner(s)) 2014 Lincoln Street Camp Hill, PA 17011 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cutnberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 09-3287 AFFIDAVIT PURSUANT TO RULE 3129 GMAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, Michael 'T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 2014 Lincoln Street Camp Hill, PA 17011 I .Name and address of Owner(s) or Reputed Owner(s): ATHENA J. BRELLOS 2020 Market Street Camp Hill, PA 17011 JOSEPH E. JIRAS 2014 Lincoln Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: ATHENA J. BRELLOS 2020 Market Street Camp Hill, PA 17011 JOSEPH E. JIRAS 2014 Lincoln Street Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 BUREAU OF COMPLIANCE Department 280946 Harrisburg, PA 17128 NORTH STAR CAPITAL ACQUISITION C/O Apothaker & Associates P.C. 520 Fellowship Road, C-306 Mt. Laurel, NJ 08054 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION 1 Credit Union Place Harrisburg, PA 17110 4. Name and address of the last recorded holder of every mortgage of record: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION P.O. Box 2026 Flint, MI 48501 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION 100 Witmer Road P.O. Box 963 Horsham, PA 19044 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest maybe affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale. TENANTS/OCCUPANTS 2014 Lincoln Street Camp Hill, PA 17011 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: July 13, 2009 ~ ~}(~, C'~ -- GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, E'sq. Attorney for Plaintiff 09-3287 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Mazket Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County vs. ATHENA J. BRELLOS JOSEPH E. JIItAS Mortgagor(s) and Record Owner(s) 2014 Lincoln Street Camp Hill, PA 17011 Defendants Term No. 09-3287 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BRELLOS, ATHENA J. ATHENA J. BRELLOS 2020 Mazket Street Camp Hill, PA 17011 Your house at 2014 Lincoln Street, Camp Hill, PA 17011 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 $180,643.55 obtained by GMAC MORTGAGE, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to GMAC MORTGAGE, LLC, the back payments, late chazges, costs and reasonable attorney's fees due. To fmd out how much you must pay call our office at 215-825-6329 or1-866-413-2311. CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE 2. You maybe able to stop the sale by filing a petition asking the Court to sq-ike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 09-3287 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STII.L 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a shaze of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org,/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Cazlisle, PA 17013 717-243-9400 09-3287 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.orgJconsumers/homeowners/real. aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a~goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 79984FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ~h ~:~~~,_,~- ;~~ ,. ,, _ r s~ i 2~~9 ..F!i. ~ ~ ~`i ~ 2~ t,.._ ~{,~ . Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. ATHENA J. BRELLOS JOSEPH E. JIRAS Mortgagor(s) and Record Owner(s) 2014 Lincoln Street Camp Hill, PA 17011 CERTIFICATION AS TO THE SALE OF REAL PROPERTY NO. 09-3287 I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) ~ />'1C I~ Michael T. McKeever Attorney for plaintiff /y^.! ^.W ~~fQ~ ~v~r ~ ~ i i~~ ?~ v'~ SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 2014 Lincoln Street Camp Hill, PA 17011 SOLD as the property of ATHENA J. BRELLOS and JOSEPH E. JIRAS TAX PARCEL # 01-21-0271-135B PARCEL NO. O 1-21-0271-135B ALL THAT CERTAIN tract of land situate in Camp Hill Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Lincoln Street, formerly Berkley Street, on the dividing line between Lots 156 and 157 on the hereinafter mentioned plan of lots; thence in a westerly direction along the northern line of Lincoln Street, a distance of 60 feet to a point on the dividing line between Lots 158 and 159 on said plan; thence in a northerly direction along said dividing line between Lots 158 and 159, a distance of 100 feet to a point on the southern line of Lot 179 on said plan; thence in an easterly direction along the southern line of Lot 179 and Lot 180 on said plan, a distance of 60 feet to a point on the dividing line between Lots 156 and 157 on said plan; thence in a southerly direction along said dividing line between Lots 156 and 157 on said plan, a distance of 100 feet to a point on the northern line of Lincoln Street aforesaid, the point and place of BEGINNING. BEING Lots Nos. 157 and 158 on the plan of Camp Hill Estates as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 9(). HAVING thereon erected a single family dwelling house known and numbered as 2014 Lincoln Street. UNDER AND SUBJECT, nevertheless, to all conditions, restrictions, easements and rights of way of prior record. 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 FiL~+'~ ;,~~~ ,,;~ '~`~ THE ~'~-„-, ~-:,ARY 2010 J~~L 6 4 F~~ 2: 36 cija~9 ~: ;~~lvn r~Itirl ` i~'~'f r ~!tti GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. Plaintiff ATHENA J. BRELLOS JOSEPH E. JIRAS 2014 Lincoln Street Camp Hill, PA 17011 TO THE PROTHONOTARY: Defendant(s) PRAECIPE TO VACATE JUDGMENT No. 09-3287 Kindly vacate the judgment upon payment of your costs only. MICHAEL T. MCKEEVER, ESQUIRE s-p- vd P.L a ~~ ~S3 7~a-7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~~ xys~y 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 FlLE~ .- ,;;F w .;,f n- ~ '} ~" ~T '~ ~~:~r'v;3 t ~~,.,,"fir GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. ATHENA J. BRELLOS JOSEPH E. JIRAS 2014 Lincoln Street Camp Hill, PA 17011 No. 09-3287 Defendant(s) PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. Michael T. McKeever, squire Attorney for Plaintiff