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HomeMy WebLinkAbout09-3808 • 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 WWW.GOLDBECKLAW.COM GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff VS. ALISON MARIE HARING A/K/A ALISON A. HARING JEREMY ALLEN HARING A/K/A JEREMY A. HARING Mortgagors and Record Owners 627 Brisbain Lane Enola, PA 17025 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term - ??d f CIVIL ACTI0*-M?TQACE PORECLOSUIRIF NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERR CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, RSTA 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 httv://www.nhfa.org/consumers/homeowners/real.asvx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: httn://www nlu^ladelnhiafed 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 homeretentionna goldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 8298717C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is GMAC MORTGAGE, LLC, 3451 Hammond Avenue, Waterloo, IA 50702. 2. The names and addresses of the Defendants are ALISON MARIE HARING A/K/A ALISON A. HARING, 627 Brisbain Lane, Enola, PA 17025 and JEREMY ALLEN HARING A/K/A JEREMY A. HARING, 627 Brisbain Lane, Enola, PA 17025, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On February 04, 2004 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1853 Page 3531. The mortgage has been assigned to: GMAC MORTGAGE, LLC by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for November 01, 2008 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ........................................................................... Interest from 10/02/2008 through 05/31/2009 at 5.7500%......... Per Diem interest rate at $28.55 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ..... Late Charges from 11/01/2008 to 05/31/2009 ............................ Monthly late charge amount at $57.52 Costs of suit and Title Search ..................................................... Escrow Advance ....................................... Property Inspections ......................... Expense Advances ........................... Monthly Escrow amount $362.9 .......$181,283.74 ........... $6,909.10 ............ $9,064.19 ...............$402.64 ................ $900.00 ...............................................$114.25 ..............................................................$11.25 ............................................................$657.63 $199,342.80 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs 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 terns judgment in mortgage foreclosure in the sum of $199,342.80, together with interest at the rate of $28.55, 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: G11L 4 OLDBECK MCCAFFERTY & MCKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION -a- J 0-.'a P,14 71YE4?*(? as the representative of the Plaintiff corporation N - l within name do Vnpere't3veriFfy at 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: CORPORATION Jeffrey Stephan Limited Signing OAT= #82987FC - JEREMY ALLEN HARI KK d ALISON MARIE HARING 627 Brisbain Lane Enola, PA 17025 Prepared By and Return To: Beth Gradel GOLDBECK McCAFFERTY dt McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-825-6344 0561437708 GMM File Number: 82987FC Parcel ID#: 09-12-2992-284 ASSIG _NT OF MORTGAG MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION (Assignor), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to GMAC MORTGAGE, LLC. GMAC MORTGAGE, LLC (Assignee), all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed JEREMY ALLEN HARING and ALISON MARIE HARING , Mortgagor(s); to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION. Bearing date of. February 04,2004; Amount Secured: $197,160.00; Recorded on February 11, 2004; in Book 1853 Page 3531; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 627 Brisbain Lane, Enola, PA 17025 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee,(-Notes) and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, by its appropriate corporate officeas, and sealed with its corporate seal this Assignment of Mortgage on this day of ? 2009, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION (Affix Corporate Seal) Umadu M, Secretary ss: ?rlontgomery STATE OF COUNTY OF BE IT REMEMBERED, that on this dfkof 2009, before me, the subscriber, a 2?e Notary Public personally appeared e f. ?Aee KWneth Ugwuadu officers of Assignor, who I am satisfied are the persons who signed the within instrument and they aclmowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue of a Resolution of its Board of Directors. arA& Notary Publ' My commission expires: I hereby certify the address of the Assignee is: 3451 Hammond Avenue, WaberloojA 50702 mnA srk o1iN, K*W , p" 6k Cow" Mk i. 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SYi ?R $K ! 853PG3545 E,rki6it B GMAC Mortgage, LLC 3451 Hammond Avenue Waterloo , IA 50702 ACT 91 NOTICE TAKE ACTION TO SAVE Date: 04/08/09 YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee on your home is In default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached paces The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proeram works To see if HEMAP can help, YOU MUST HAVE A FACE TO FACE MEETING WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseline Aeencv The name, address and phone number of Consumer Credit Counseline Aeencies servine Your County are listed at the end of this Notice. If you have any nuestions you may call the Pennsylvania Honsine Finance Agency toll free at 1 800-342-2397 (Persons with impaired hearine can call (717) 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCL14 PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBRO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: ALISON M. HARING 627 BRISBAIN LANE ENOLA PA 17025-0000 0561437708 GMAC Mortgage, LLC HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE ACT ), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-three (33) days from the date of this Notice. During that time you must arrange and attend a face- to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 33 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty-three (33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the count' in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-three (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have flied bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property located at 627 BRISBAIN LANE ENOLA PA 17025-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/01/08 through 04/01/09. See attached Exhibit for payment breakdown. Monthly Payments $ 9143.74 Late Charges $ 287.60 NSF $ 0.00 Inspections $ 0.00 Other (Default Expenses and Fees) $ 657.63 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 1 0088.97 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 10088.97, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-THREE (33) DAY PERIOD. Payments must be made either by cash cashier s check or certified check made payable and sent to: GMAC Mortgage, LLC ATTN: Payment Processing 3451 Hammond Avenue Waterloo , IA 50702 You can cure any other default by taking the following action within THIRTY-THREE (33) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY-THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY-THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s fees actually incurred by the lender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender, which may also include other reasonable costs. H you cure the default within the THIRTY-THREE (33) DAYS period, you will not be required to pay attorney s fees OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF S SALE If you have not cured the default within the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale You may do so by payinst the total amount then past due, plus any late or other charges then due reasonable attorney s fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writhng_by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF S SALE DATE It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage, LLC ATTN: Loss Mitigation Address: 2711 North Haskell Ave. Suite 900 Dallas, TX 75204 Phone Number: 888-7144622 Fax Number: 866-7094744 Contact Person: Collection Department EFFECT OF SHERIFF S SALE You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 888-7144622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5041 EXHIBIT 11/01/08 through 04/01/09 Mo. Pmt. Amt. $ 1513.49 GMAC Mortgage, LLC 3451 Hammond Avenue Waterloo , IA 50702 ACT 91 NOTICE TAKE ACTION TO SAVE Date: 04/08/09 YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, YOU MUST HAVE A FACE TO FACE MEETING WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If You have any questions you may call the Pennsylvania Housing Finance Agency toll free at I- 800-342-2397 (Persons with impaired hearing can call (717) 780-1869)This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDEMM SU HIPOTECA. HOMEOWNER S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: JEREMY A. HARING 627 BRISBAIN LANE ENOLA PA 17025-0000 0561437708 GMAC Mortgage, LLC HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE ACT ), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-three (33) days from the date of this Notice. During that time you must arrange and attend a face- to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 33 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty-three (33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-three (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME E%UKEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date) NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property located at 627 BRISBAIN LANE ENOLA PA 17025-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/01/08 through 04/01/09. See attached Exhibit for payment breakdown. Monthly Payments $ 9143.74 Late Charges $ 287.60 NSF $ 0.00 Inspections $ 0.00 Other (Default Expenses and Fees) $ 657.63 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 1 0088.97 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 10088.97, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-THREE (33) DAY PERIOD. Payments must be made either by cash. cashier s check or certified check made payable and sent to: GMAC Mortgage, LLC ATTN: Payment Processing 3451 Hammond Avenue Waterloo , IA 50702 You can cure any other default by taking the following action within THIRTY-THREE (33) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY-THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the morteaee debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY-THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s fees actually incurred by the lender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY-THREE (33) DAYS period. you will not be required to pay attorney s fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF S SALE If you have not cured the default within the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney s fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF S SALE DATE It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage, LLC ATTN: Loss Mitigation Address: 2711 North Haskell Ave. Suite 900 Dallas, TX 75204 Phone Number: 888-714-4622 Fax Number: 866-7094744 Contact Person: Collection Department EFFECT OF SHERIFF S SALE You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 888-714-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5041 EXHIBIT 11/0 1 /08 through 04/01/09 Mo. Pmt. Amt. $ 1513.49 6) OF 11 ?,()TAR`S 2009 JUN -9 Phi 2.. 014 PcNNS's11 AW 00 tau yea Sheriff s Office of Cumberland County R Thomas Kline g,~~tr ci ~um~rr~~r Edward L Schorpp Sheri ~' ~` Solicitor w '~ C.4~ Ronny R Anderson ' _°~ <~-` Jody S Smith Chief Deputy oFF~~~ cs~ t~ sRi~~ Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/12/2009 12:59 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2009 at 1259 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Alison Marie Haring, by making known unto herself personally, defendant at 519 Francis Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/12/2009 12:59 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2009 at 1259 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeremy Allen Haring, by making known unto himself personally, defendant at 519 Francis Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $66.50 June 15, 2009 SO ANSWERS, ~.a~ _.. R. R THO LI FiERIFF 2009-3808 GMAC Mortgage v .Alison Marie Haring a-° N ~: to ~- ~-:: _ ~? ~ . -< }. ~ ~ . ~ ~ ~ !.!_ ~ -ate.. ~ O N C,? SHERIFF'S OFFICE OF CUMBERLAND COUNTY _~ ~ ~ _I ,~ Ronny R Anderson _ ~ ,~ :`,,. tY Sheriff ~ • • ;,tx~z~5 ~ ' ~ a~ Jody S Smith ~- ~~~~'`'~ .,.,: ~ : ~•~~, Chief Deputy [ ~ `• ~ ~' ' " `~ ~ "' ~' Edward L Schorpp Solicitor ~- _ '. ~ s-~~d GMAC Mortgage, LLC vs. Case Number Alison Marie Haring 2009-3808 SHERIFF'S RETURN OF SERVICE 10/01/2009 Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-01-09 at 1735 hours he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Alison Marie Haring & Jeremy Allen Haring, located at, 627 Brisbain Lane, Enola, Cumberland County, Pennsylvania according to law. 10/01/2009 04:37 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-01-09 at 1637 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Alison Marie Haring, by making known unto, Alison Marie Haring, personally, at 519 Francis Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/01/2009 04:37 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-01-09 at 1637 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeremy Allen Haring, by making known unto, Jeremy Allen Haring, personally, at 519 Francis Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/09/2009 Real Estate Property sold to Attorney Arthur Feld on 12/9/09 for $229,501.00 01/22/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 9, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $229,501.00 to Attorney Arthur Feld, on behalf of GMAC Mortgage, LLC, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 229501.00. SHERIFF COST: $5,974.62 SO AN~~,,S~,Q~{~RS,~ ,/- ~y~~ ,~ January 22, 2010 R Y R ANDERSON, SHERIFF' cL~ (L ~ ~ LGl ~ ~~ ~~ Co . 5 (~ C1V ~ ~~~~~ ~. Amended SCHEDULE OF DISTRIBUTION Date Filed: 1/12/10 Writ No. 2009-3808 Civil Term GMAC Mortgage, LLC Vs Alison Marie Haring, a/k/a Alison A. Haring Jeremy Allen Haring, a/k/a Jeremy A. Haring Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney V' December 9, 2009 Atty Arthur Feld $ 229,501.00 $ 201,839.56 3,797.15 Irit Costs: 185.50 Total: $ 205,822.21 DISTRIBUTION: Receipts: Cash on Account (07/31/2009): $ 1,500.00 Cash on Account (12/09/2009): 25,000.00 Cash on Account (12/28/2009): 204,501.00 Total Receipts: $ 231,001.00 Disbursements: Sheriffs Costs $ 5,674.62 Legal Search 300.00 Debbie Lupold, East Pennsboro Tax Collector 931.13 East Pennsboro Township 439.50 Attorney Michael McKeever 1,500.00 GMAC Mortgage, LLC 205,822.21 Belco Community Credit Union 16,333.54 Total Disbursements: ($ 231,001.00) Balance for distribution: 00.00 So Answers: ,~~~ ~- ~"~~,- ~~ Ronn R. Anderson , ;;;,;``=~~ Y ~. ,, Sheriff ~~:_:,'":~.~`'~ ``--. SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale held December 9, 2009, Writ No. 2009-3808 EFFECTIVE DATE: December 9, 2009 PREMISES: 627 Brisbain Lane, Enola, Cumberland County, Pennsylvania, Tax Parcel No. 09-12-2992-284 (the "Premises") RECITAL: Being the same premises which Village Homes at Westwood Glen, Inc., by its deed dated February 4, 2004 and recorded February 11, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 261, Page 3168, granted and conveyed unto Jeremy A. Haring and Alison M. Haring, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. ~ Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriff s sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2009. 20. Mortgage in the amount of $197,160.00 from Jeremy A. Haring and Alison M. Haring to GMAC Mortgage Corp. dated February 4, 2004 and recorded February 11, 2004 in Mortgage Book 1853, Page 3531, assigned June 10, 2009 in Instrument No. 200919538 to GMAC Mortgage, LLC. -2- 21. Mortgage in the amount of $139,833.00 from Jeremy A. Haring and Alison M. Haring to Belco Community Credit Union dated November 21, 2006 and recorded December 5, 2006 in Mortgage Book 1975, Page 1722. 22. Judgment against Jeremy A. Hearing and Alison M. Haring in the amount of $145,640.02 in favor of Belco Community Credit Union entered July 6, 2009 to No. 2009-2160 with respect to the Mortgage identified as item 21, above. 23. Judgment against Alison Marie Haring, Alison A. Haring, Jeremy Allen Haring and Jeremy A. Haring in favor of GMAC Mortgage, LLC in the amount of $201,839.56~~ entered July 30, 2009 to No. 2009-3808 with respect to the Mortgage identified as item 20, above. 24. Judgment against Jeremy A. Haring and Allison M. Haring in favor of East Pennsboro Township in the amount of $409.SO~entered November 24, 2009 as a municipal lien to No. 2009-8164. 25. Subject to the Declaration in Miscellaneous Book 607, Page 1045, amended in Misc. Book 648, Page 722, Misc. Book 652, Page 572, Misc. Book 661, Page 1027 and amended in Misc. Book 704, Page 4287. 26. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on the Plan of Phase V of Westwood Hills recorded in Plan Book 87, Page 9. 27. Subject to the Declaration of Conservation Easement in Miscellaneous Book 701, Page 3091. 28. Subject to the party wall and roof agreement in Misc. Book 703, Page 1537. 29. Subject to the rights granted Bell Atlantic-Pennsylvania, Inc. and PP&L, Inc, in Miscellaneous Book 675, Page 406. 30. Subject to the rights granted to PPL Electric Utilities Corp. in Miscellaneous Book 666, Page 31. 31. Subject to the rights granted to PPL Electric Utilities Corp. and Verizon in Miscellaneous Book 694, Page 1390. 32. Subject to the rights granted to Pennsylvania-American Water Company in Miscellaneous Book 694, Page 1948. 33. Subject to the rights of others in and to any portion of the Premises within or adjoining 627 Brisbain Lane. -3- The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. i~~~ Keith O. Brenneman -4- Writ No. X009-3808 Civil . GMAC Mortgage, LLC vs. Alison Marie Haring a/lt/a Alison A. Haring, Jeremy Allen Haring a/k/a Jeremy A. Haring Atty: Michael T. McKeever ALL THAT CER"CAIN lot, piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County, Pennsylvania, known and designated as Lot #41 on the Final Subdivision Plan for Westwood Hills Phase V,as recorded in Cumberland County courthouse in Plan Boolz 87, Page 9, in which it is more fully bounded and described as follows, to wit: BEGINNING at an iron pin in the eastern line, of a fifty (6U) foot right- of-way known as Brisbain Lane, as it appears on the aforesaid subdivision plan; thence along the southern line of Lot 40 of Westwood Hills Phase V, North eighty-five degrees forty-three minutes twenty-four seconds East (North 85 degrees 43 minutes 24 seconds East), one hundred and zero hundredths (700.00) feet to an iron pin; thence along lands of Ronald G. Gates South four degrees si~aeen minutes forty-three seconds East (South U4 degrees 16 minutes 43 seconds East), eighty-five and zero hundredths (85.00) feet to an iron pin at the northeast corner of Lot. 42; thence along the northern line of Lot 42 of Westwood hills Plrase V, South eighty-hve degrees fort}~-three minutes twenty-four seconds West (Soutl_i 85 degrees 43 minutes 24 seconds West), one hundred and zero hundredths (IOO.UO) feet to an iron. pin, said iron pin Ueing the northwest comer of-Lot 92 and on the eastern line of a Fifty (50) foot right-of--way known as Brisbain Lane; thence along the afores~cid eastern right-of- wav line North four degrees sixteen minutes thirty-six seconds West (North 09 degrees 16 minutes 36 seconds Weaf), eighty-five and zero hundredths (85.00) feet to an iron pin tlce place of BEGINNING. BEING Lot #41 on the final Sub- division Plan for Westwood Hills, Phase V recorded in Pl.u~ Boole 87, Page 9. SUBJECT- to restrictions, condi- tions and easements as set forth on the above mentioned subdivision plan. BEING THE SAME PREMISES which VILLAGE HOMES AT WEST- WOOD GLEN INC., A PENNSYLVA- NIA CORPORATION by Deed dated February 4, 2004 and intended for immediate recording in the Gffiee of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto JEREMY A HARIi'IG and ALISON M. HARING, HUSBAND AND ~~'II~E, Mortgagor(s) herein. BEING KNOWN AS: 627 Brisbain bane, Enola, PA 17025. 7'AX PARCEL # 09-12-2992-284. EXHIBIT A Goldbeck I'~IcCafferty & M`cICeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. ALISON MARIE HARING A/K/A ALISON A. HARING JEREMY ALLEN HARING A/K/A JEREMY A. HARING (Mortgagor(s) and Record Owner(s)) 627 Brisbain Lane Enola, PA 17025 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 09-3808 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: 627 Brisbain Lane Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): ALISON MARIE HARING A/K/A ALISON A. HARING 519 Francis Drive Mechanicsburg, PA 17050 JEREMY ALLEN HARING A/K/A JEREMY A. HARING 519 Francis Drive Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: ALISON MARIE HARING A/K/A ALISON A. HARING 519 Francis Drive Mechanicsburg, PA 17050 JEREMY ALLEN HARING A/K/A JEREMY A. HARING 519 Francis Drive Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE BELCO COMMUNITY CREDIT UNION 447 Eisenhower Boulevard Harris>kiurg, PA 17111 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: BELCO COMMUNITY CREDIT UNION 403 North 2nd Street Harrisburg, PA 17101 BELCO COMMUNITY CREDIT UNION c/o Arthur M. Feld 1309 Bridge Street New Cumberland, PA 17070 5. Name and address of every• other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 627 Brisbain Lane Enola, PA 17025 (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 28, 2009 ~ m C . GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff 09-3808 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. ALISON MARIE HARING A/K/A ALISON A. HARING JEREMY ALLEN HARING A/K/A JEREMY A. HARING Mortgagor(s) and Record Owner(s) 627 Brisbain Lane Enola, PA 17025 Defendants Term No. 09-3808 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: HARING A/K/A ALISON A. HARING, ALISON MARIE ALISON MARIE HARING A/K/A ALISON A. HARING 519 Francis Drive Mechanicsburg, PA 17050 Your house at 627 Brisbain Lane, Enola, PA 17025 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 $201,839.56 obtained by GMAC MORTGAGE, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 09-3808 1. The sale will be cancelled if you pay to GMAC MORTGAGE, LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You 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 find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http•//www philade~hiafed.or~/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 Carlisle, PA 17013 717-243-9400 09-3808 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 orb/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(cr~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 82987FC. Para informacion en espanol puede coinmunicarse con Loretta al 215-825-6344. 09-3808 GOLDBECK 1\'IcCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney LD.~56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. ALISON MARIE HARING A/K/A ALISON A. HARING JEREMY ALLEN HARING A/K/A JEREMY A. HARING Mortgagor(s) and Record Owner(s) 627 Brisbain Lane Enola, PA 17025 Defendants Term No. 09-3808 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: HARING A/K/A JEREMY A. HARING, JEREMY ALLEN JEREMY ALLEN HARING A/K/A JEREMY A. HARING 519 Francis Drive Mechanicsburg, PA 17050 Your house at 627 Brisbain Lane, Enola, PA 17025 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 $201,839.56 obtained by GMAC MORTGAGE, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CNII_ ACTION -LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 09-3808 1. The sale will be cancelled if you pay to GMAC MORTGAGE, LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.or~/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 Carlisle, PA 17013 717-243-9400 09-3808 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~hfa org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a~goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 82987FC. Para informacion en espanol puede communicarse con Loretta al 21 ~-825-6344. ALL THAT CERTAIN lot, piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County, Pennsylvania, known and designated as Lot #41 on the Final Subdivision Plan for Westwood Hills Phase V, as recorded in Cumberland County courthouse in Plan Book 87, Page 9, in which it is more fully bounded and described as follows, to wit: BEGINNING at an iron pin in the eastern line, of a fifty (60) foot right-of--way known as Brisbain Lane, as it appears on the aforesaid subdivision plan; thence along the southern line of Lot 40 of Westwood Hills Phase V, North eighty-five degrees forty-three minutes twenty-four seconds East (North 85 degrees 43 minutes 24 seconds East), one hundred and zero hundredths (100.00) feet to an iron pin; thence along lands of Ronald G. Gates South four degrees sixteen minutes forty-three seconds East (South 04 degrees 16 minutes 43 seconds East), eighty-five and zero hundredths (85.00) feet to an iron pin at the northeast corner of Lot 42; thence along the northern line of Lot 42 of Westwood Hills Phase V, South eighty-five degrees forty-three minutes twenty-four seconds West (South 85 degrees 43 minutes 24 seconds West), one hundred and zero hundredths (100.00) feet to an iron pin, said iron pin being the northwest corner of Lot 42 and on the eastern line of a fifty (50) foot right-of--way known as Brisbain Lane; thence along the aforesaid eastern right-of--way line North four degrees sixteen minutes thirty-six seconds West (North 04 degrees 16 minutes 36 seconds West), eighty-five and zero hundredths (85.00) feet to an iron pin the place of BEGINNING. BEING Lot #41 on the Final Subdivision Plan for Westwood Hills, Phase V recorded in Plan Book 87, Page 9. SUBJECT to restrictions, conditions and easements as set forth on the above mentioned subdivision plan. BEING THE SAME PREMISES which VILLAGE HOMES AT WESTWOOD GLEN INC., A PENNSYLVANIA CORPORATION by Deed dated February 4, 2004 and intended for immediate recording in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto JEREMY A HARING and ALISON M. HARING, HUSBAND AND WIFE, Mortgagor(s) herein. BEING KNOWN AS: 627 Brisbain Lane, Enola, PA 17025 TAX PARCEL # 09-12-2992-284 WRIT OF EXECUTION and/or ATTACHMENT • ' .. . COMMONWEALTH OF PENNSYLVANIA) NO 09-3808 Civil . COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From ALISON MARIE HARING a/k/a ALISON A. HARING and JEREMY ALLEN HARING a/k/a JEREMY A. HARING (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 $201,839.56 L.L. $.50 Interest from 7/29/09 to Date of Sale per diem at $28.55 -- to be Determined ~~`~ 9 `~ , 1 Atty's Comm Due Prothy $2.00 Atty Paid $185.50 Other Costs Plaintiff Paid Date: 7/30/09 urtis R. Long, rothonotary (Seal) gy. Deputy REC2UESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale # On August 19, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as, 627 Brisbain Lane, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 19, 2009 By: ~ > Real Estate Coordinator T.he Patriot-News Co. 812 Market St., Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he ~lahiot Netus Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/23/09 10/30/09 `+ 11/06/09 ./ Sworn to and subscribed before me 1?hisr,x j~y~f November, 2009 A.D. ,/~ .. ~ ~ ~:. ~. ~ ,~`Y Notary Public C(~NIIUtOlV1NEP,1: rr~ OP P~NIVSYWANfA Note 7aJ Seal Sha+"!~ L. Kisroer, Notary Public City of Harrisburg, Dauphin County nny Camm~s+on ~~(C;Pra~ Noy. 26, 2011 ~lembar, ~ennsylvaria Association ~f Notaries M'rR No. 2008-3606 Clvll Tsrm CiMAC Mortgage, LLC Vs son Marte Haring, a/k/a A11SOn A. Haring Jeremy Allen Haring, a/k/a Jeremy ,A. Haring Arty: Michael T. MoKeever ALL TIiAT CERTAIN lot, piece, parcel or tract of land situated in Fast Pennsboro Township, Cumbethuwi County, Ptnnsylvania; known and designated as Lot #41 on the Final Subdivision Plan for Westwood Hills Phase V,as recorded in Cumberland Coumy coutthouae in Plan Book 87, Page 9, in which it is mare fatly bounded and described as follows, to wit: BEGINNING at an iron pin in the eastern line, of a fifty (60) foot right-of--way known as Brisbain,Lane, as it appears on the aforesaid subdivision plan; thence along the southern line of Lot 40 of Westwood Hills. Phase V, North eighty-five degreES forty-three minutes twenty- four seconds East (North 85 degrees 43 minutes 24 seconds East), one hundred and zero hundredths (109.00) feet to an iron pin; thence along lands of Ronald G. Gates South four degrees sixteen minutes forty-three seconds. East (South 04 degrees 16 minutes 43 seconds. East), eighty=five and.zero hundredths (85.00) feet to an iron pin at the. northeast comer of Lot 42; thence along the northern line of -Lot 42 of Westwood Hills Phase V, South eighty-five degrees forty-three mimrtestwenty-four seconds West (South 85 degrees 43 minutes 24 seconds West), oae hundred and zero. hundredths (100.00)feet to an iron pin, said iron pin being the northwest comer of .Lot 42 and on the eastern line of a fifty (50) foot right-of--way known as Brisbain Laue; .thence along the aforesaid eastern tight-of-way liae North four degrees sixteen minutes thirty-six seconds Wesr (North 04 degters 16 minutes 3ti seconds West), eighty-five and zero ~undtedths (85.00) feet to an ironpin the place of BEGINNING. BEING Lot #41 on the Final Subdivision Plan for Westwood Hills, Phase V recotded,in Plan Book 87, Page 9. SUBJECT to restrictions, conditions and easements as set forth on the above mentioned subdivision plan.. BEING 'THE .SAME PREMISES which VILLAGE HOMES. AT WFSTWOOD GLEN INC., A PENNSYLVANIA CORPORATION by Deed dated Febmary 4, 2004 and intended for immediate ncording in the Office of 'the Recorder of Deeds in and for' Cumberland county, Pennsylvania, granted and conveyed. unto JEREMY A HARII'IG and ALISON M. 'rWNG, HUSBAND AND WIFE, urtgagot(s) herein. 13FING KNOWN AS: 627 Brisbain-Lane, Er~la, PA 17025 Tn1C PARCBL #09-12-2992-284. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWOIr1Q TO AND SUBSCRIBED before me this 6 day of November, 2009 ~ ~~ ~~~ Notary .~._. NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ No. 2009-3808 Civil GMAC Mortgage, LLC vs. Alison Mane Haring a/k/a Alison A. Haring, Jeremy Allen Haring a/k/a Jeremy A. Haring Atty: Michael T. McKeever ALL THAT CERTAIN lot, piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County, Pennsylvania, known and designated as Lot #41 on the Final Subdivision Plan for Westwood Hills Phase V,as recorded in Cumberland County courthouse in Plan Book 87, Page 9, in which it is more fully bounded and described as follows, to wit: BEGINNING at an iron pin in the eastern line, of a fifty (60) foot right- of-way known as Brisbain Lane, as it appears on the aforesaid subdivision plan; thence along the southern line of Lot 40 of Westwood Hills Phase V, North eighty-five degrees forty-three minutes twenty-four seconds East (North 85 degrees 43 minutes 24 seconds East), one hundred and zero hundredths (100.00] feet to an iron pin; thence along lands of Ronald G. Gates South four degrees sixteen minutes forty-three seconds East (South 04 degrees 16 minutes 43 seconds East), eighty-five and zero hundredths (85.00) feet to an iron pin at the northeast corner of Lot 42; thence along the northern line of Lot 42 of Westwood Hills Phase V, South eighty-five degrees forty-three minutes twenty-four seconds West (South 85 degrees 43 minutes 24 seconds West), one hundred and zero hundredths (100.00) feet to an iron pin, said iron pin being the northwest corner of Lot 42 and on the eastern line of a fifty (50) foot right-of-way known as Brisbain Lane; thence along the aforesaid eastern right-of- way line North four degrees sixteen minutes thirty-six seconds West (North 04 degrees 16 minutes 36 seconds West), eighty-five and zero hundredths (85.00) feet to an iron pin the place of BEGINNING. BEING Lot #41 on the Final Sub- division Plan for Westwood Hills, Phase V recorded in Plan Book 87, Page 9. SUBJECT to restrictions, condi- tions and easements as set forth on the above mentioned subdivision plan. BEING THE SAME PREMISES which VILLAGE HOMES AT WEST- WOOD GLEN INC., A PENNSYLVA- NIA CORPORATION by Deed dated February 4, 2004 and intended for immediate recording in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto JEREMY A HARII'!G and ALISON M. HARING, HUSBAND AND WIFE, Mortgagor(s) herein. BEING KNOWN AS: 627 Brisbain Lane, Enola, PA 17025. TAX PARCEL # 09-12-2992-284. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which BELCO COMMUNITY CREDIT UNION is the grantee the same having been sold to said grantee on the 9TH day of DEC A.D., 2009, under and by virtue of a writ Execution issued on the 30 day of JULY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 3808, at the suit of GMAC MTG LLC against ALISON MARIE HARING AKA ALLISON A & JEREMY ALLEN HARING AKA JEREMY A is duly recorded as Instrument Number 20103793. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this l~ ~ day of ~t~prrt+roY~i~~ ~M: