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Home My WebLink About09-4595IGOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 vs. GREGG ROHRBAUGH Mortgagor and Record Owner 1223 Mitchell Drive Mechanicsburg, PA 17050 Plaintiff Defendant Term CIVIL A&?b MORTGAGE FORE `i O-Q91R 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 ?r -^zy^'? Lrr.tl, j>^JLt IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE LISTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. Sl USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. Sl 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 aspx. 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.i)hiladelphiafed.org/forcclosure/ 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 homeretention?goldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 83067FC. Para information 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 LNV CORPORATION, 7195 Dallas Parkway, Plano, TX 75024. 2. The names and addresses of the Defendant is GREGG ROHRBAUGH, 1223 Mitchell Drive, Mechanicsburg, PA 17050, who is the mortgagor and record owner of the mortgaged premises hereinafter described. Original mortgagor WAYNE ROHRBAUGH is hereby released of record. 3. On March 24, 2004 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to ARGENT MORTGAGE COMPANY, LLC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book: 1860 Page: 481. A loan modification agreement was recorded on June 20, 2008, Instrument #200820780. The mortgage has been assigned to: LNV CORPORATION by assignment of Mortgage March 06, 2009 as #200906404. A loan modification agreement was recorded on June 20, 2008, Instrument #200820780.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 July 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 ................................ $97,896.88 .................................................... Interest from 06/01/2008 through 05/31/2009 at 8.0000% .......................$7,832.90 Per Diem interest rate at $21.46 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,894.84 Costs of suit and Title Search ......................................................................$900.00 $111,524.62 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant 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 Defendant 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 Defendant 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 $111,524.62, together with interest at the rate of $21.46, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. BY: GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Monica Hadley , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date:-0g1,P r q AROUiuA L HAROIE My COMMialon Expires April 28. 2011 Monica Hadley Assistant Vice President, MGC Mortgage, Inc., as loan servicer for LNV Corporation and Authorized Representative #83067FC - GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 EXhibl#t.,l.e E. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND, BOROUGH OF MECHANICSBURG, AND DESCRIBED AS FOLLOWS: ALL THAT CERTAIN PLACE OR PARCEL OF LAND, SITUATE IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED ACCORDING TO A SURVEY BY WILLIAM B. WHITTOCK, REGISTERED PROFESSIONAL ENGINEER DATED FEBRUARY 3, 1970, AS FOLLOWS TO WIT: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF MITCHELL DRIVE, SAID POINT BEING LOCATED AND REFERENCED EASTWARDLY A DISTANCE OF ONE HUNDRED EIGHT AND FIFTY-TWO HUNDREDTH (108.52) FEET FROM THE EAST OF AN ARC OF A TWENTY-FIVE (25) FOOT RADIUS CONNECTING THE EASTERN RIGHT-OF-WAY LINE OF STATE ROAD (L.R. 21017) AND MITCHELL DRIVE; THENCE THROUGH LOT NO. 32 SOUTH 0 DEGREES, 45 MINUTES 37 SECONDS EAST A DISTANCE OF SEVENTY-NINE AND SIXTY HUNDREDTH (79.60) FEET TO A POINT, THENCE ALONG LOT NO. 30 NORTH 58 DEGREES 57 MINUTES WEST A DISTANCE OF FOURTEEN AND SEVENTY-FIVE HUNDREDTHS (14.75) FEET TO A POINT, THENCE ALONG THE NORTHERN LINE OF LOT NO. 30 SOUTH 62 DEGREES 37 MINUTES WEST A DISTANCE OF EIGHTY-EIGHT (88) FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD (L.R. 21017); THENCE NORTH 27 DEGREES 23 MINUTES WEST ALONG THE AFOREMENTIONED STATE ROAD A DISTANCE OF FIFTY (50) FEET TO A POINT AT AN ARC CONNECTING STATE ROAD WITH MITCHELL DRIVE; THENCE NORTHEASTWARDLY ALONG SAID ARC WITH A RADIUS OF TWENTY-FIVE (25) FEET THE ARC DISTANCE OF THIRTY-NINE AND TWENTY-NINE HUNDREDTHS (39.29) FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF MITCHELL DRIVE; THENCE NORTH 62 DEGREES 37 MINUTES EAST ALONG SAID MITCHELL DRIVE A DISTANCE OF TWENTY-SIX AND TWENTY-ONE HUNDREDTHS (26.21) FEET TO A POINT; THENCE CONTINUING ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID MITCHELL DRIVE IN A ARC WITH A RADIUS OF ONE HUNDRED NINETY-NINE AND NINETY-THREE (199.93) FEET THE ARC DISTANCE OF SEVENTY AND THIRTY-ONE HUNDREDTH (70.31) FEET TO A POINT, THENCE CONTINUING ALONG THE SAME NORTH 82 DEGREES 46 MINUTES 30 SECONDS EAST A DISTANCE OF TWELVE (12) FEET TO A POINT, THE PLACE OF BEGINNING. PAGE 6 EXhibtt*t B ACT 91 NOTICE DATE OF NOTICE: May 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 our 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 our home. This Notice explains how the program works To see if HEMAP canhel you must MEET 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 hone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions, y ou may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.,) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any 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 notification obtenga una traduccion immediatamente hamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes 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. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 Date: May 19, 2009 Homeowners Name: GREGG ROHRBAUGH Property Address: 1223 Mitchell Drive, Mechanicsburg, PA 17050 Loan Account No.: 17108505 Original Lender: MGC MORTGAGE, INC. Current Lender/Servicer: MGC MORTGAGE, INC. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS IF YOU DO NOT PLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - if you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling a encies 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.) 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 WILL 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 TIME 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. 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 ASAN , ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Eme enc Mo` ' s e Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uu to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1223 Mitchell Drive, Mechanicsburg, PA 17050 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 0710112008 thru 511912009 (11 mos. at $680.86/month) $7,489.46 (b) Other charges; Escrow, Inspec., NSF Checks (c) Other provisions of the mortgage obligation, if any (d) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $7,489.46 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $7.489.46, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa ents must be made either b cashier's check certified check or money order made a able and sent to: MGC MORTGAGE, INC. 7195 Dallas Parkway Plano, TX 75024 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt.. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mort gaged 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 brings legal proceedings against you, you will still be required to pay the reasonable attomey's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If -you cure the default within the THIRTY (30)DAY period, you will not be re uired to a attorne 's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the defaultand prevent the sale at any time u to one hour before the Sheriffs Sale. You may do sob paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and an other costs connected with the Sheriffs Sale asspecified -in writing b the lender and b performing any 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 Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (b) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: MGC MORTGAGE, INC. Address: 7195 Dallas Parkway Plano, TX 75024 Phone Number: Fax Number Contact Person: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your fiunishings and other belongings could be started by the lender at any time. ASSUMPTION 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 ALSO 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 Person: Phone Number: HEMAP Consumer Credit Counseling Agencies Report mat updated: 12f23/20081:52:41 PM Lycom.Cintn CO Comm fo Comm Action 2138 Lincoln Street P.O. Box 3588 Williamsport, PA 17703 570.326.0587 COLUMBIA County American Credit Counseling Institute 212 Berw4ck-Hazelton Hwy Nescopeck, PA 18635 888.468.8847 CCCS of Atortheastern PA 401 Laurel Street Pittston, PA 18640 570.602.2227 800.922.9537 CRAWFORD County Booker T. Washhngton Canter 1720 Holland Street Erie, PA 16303 814.453.5744 CCCS of Wastem PA 4402 Peach Street Erie, PA 16509 888.511.2227 ext 108 888.511.2227 ext 108 Center for Family Services, inc. 213 Center Street Meadville, PA 16335 814.337.8450 Greater Erie Community Action Committee 18 West 9TH Street Erie, PA 16501 814A59A581 Shenango Valley 3lrban Les$u6, Inc. 601 Indiana Avenue Farrell, PA 18121 724.981.5310 8t. Unriln Center 1701 Parade Street Erie, PA 16503 814.452.6113 CUMBERLAND County Adams County Intedalth Housing Authority 40 E High Street Gettysburg, PA 17325 717334.1518 CCCB of Western PA 2000 Lingtestown Road Harrsburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 I.oveship,Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 DAUPHIN County CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captlal Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 L*vaship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Opportunity inc. 301 East Market Street York, PA 17403 717.424.3645 PHFA 211 North Front Street Harrisburg. PA 17110 717.780.3940 800.342.2397 DELAWARE County Acorn Housing Corporation 848 North Broad Sheet Philadelphia, PA 19130 215.765.1221 Page 7of19 CJ3 FIU?? }-`? ?,T OF TIE t fiY fa c r? 78.50 r?c? ??/ eK--O- -?38 y5.6 ? tis?d -k.c- -) Sheriffs Office of Cumberland County R Thomas Kline Sheriff ,,vOr (f t'trrt;4p, OFF, O F T -E $-EFIFF pI`.L,D , .rL Or rL, ri-,, nor Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor IiJ IV", LNV Corporation vs. Gregg Rohrbaugh Case Number 2009-4595 SHERIFF'S RETURN OF SERVICE 07/10/2009 08:55 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2009 at 2055 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gregg Rohrbaugh, by making known unto himself personally, defendant at 1223 Mitchell 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: $37.00 July 13, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF De uty Sheri f In the Court of Common Pleas of Cumberland County LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 Plaintiff VS. GREGG ROHRBAUGH (Mortgagor(s) and Record Owner(s)) 1223 Mitchell Drive Mechanicsburg, PA 17050 Defendant(s) PRAECIPE FOR JUDGMENT No. 09-4595 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 GREGG ROHRBAUGH by default for want of an Answer. Assess damages as follows: Debt Interest from 08/25/2009 to Date of Sale per diem at $21.46 Total (Assessment of Damages attached) $113,348.72 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED UNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FRO E COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered t t party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at le en days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Michael . cKe Atto y for Plaintiff I.D. 56129 AND NOW Judgment is entered in favor of LNV CORPORATION and against GREGG ROHRBAUGH by default for want of an Answer and damages assessed in the sum of $113,348.72 as per the above certification. Pro otary VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, GREGG ROHRBAUGH, is about unknown years of age, that Defendant's last known residence is 1223 Mitchell Drive Mechanicsburg, PA 17050, and is engaged in the unknown business located at 2. That Defendant is not in the Military or N Allies, or otherwise within the provisions of the Soldi Congress of 1940 and its Amendments. of the United States or its Sailors' Civil Relief Action of Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, GREGG ROHRBAUGH, is about unknown years of age, that Defendant's last known residence is 1223 Mitchell Drive Mechanicsburg, PA 17050, and is engaged in the unknown business located at unknown 2. That Defendant is not in the Military or Naval ServjfceXf the United States or its Allies, or otherwise within the provisions of the Soldiers' ar;d ?6ilors' Civil Relief Action of Congress of 1940 and its Amendments. Date: 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 LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 vs. GREGG ROHRBAUGH (Mortgagor(s) and Record owner(s)) 1223 Mitchell Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS Plaintiff Defendant(s) of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4595 ORDER FOR JUDGMENT Please enter Judgment in favor of LNV CORPORATION, and against GI failure to file an Answer in the above action within (20) days (or sixty (60) days if of America) from the date of service of the Complaint, in the sum of $113,348.7 Michael T.1\ Attorney for I hereby certify that the above names are correct and that th precise n creditor is LNV CORPORATION 7195 Dallas Parkway Plano, T 75024 and address(es) of the Defendant(s) is/are GREGG ROHRBAUGH, 1223 Mitchell GOLDBECK AI BY: Michae. McK Attorney r Plaintiff HRBAUGH for is the United States ress of the judgment ame(s) and last 'known echanicsburg, PA 17050; ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 06/01/2008 through 08/24/2009 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 3 X $0.00 $97,896.88 $9,657.00 $4,894.84 $900.00 $0.00 $113,348.72 GOLDBECK N BY: Michael T. Attorney for PO ayof7 " 2009 damages are assessed as above. AND NOW, this 1/1A cKEEVER Pro Prothy ` n n . n • -? 2-7 `2 7 77-34' GOLDBECK THIS LAW FIRM IS A DEIST 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. 10002 83067FC DATE OF THIS NOTICE: July 31, 2009 '1Ti i- UfCL yt, RcV""ALUn ROHRBAUGH,GREGG 1223 Mitchcll Drive Mechanicsburg, PA 17050 In the Court of LNV CORPORATION Common Pleas 7195 Dallas Parkway of Cumberland County Plano, TX 75024 Plaintiff CIVIL ACTION - LAW vs. GREGG ROHRBAUGH Action of (Mortgagor(s) and Record Owner(s)) MorTgage Foreclosure 1223 Mitchell Drive Mechanicsburg, PA 17050 Tenn Defendant(s) No. 09-4595 TO: GREGG ROHROAUGH 1223 Mitchcll Drive Mechanicsburg, PA 17050 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 ... -- mrrrn r nn a jr _T ...,._ AT ._., 7' 7 -.77 171/.A TT P MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGI-1'I'S_ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW_ THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue CavGslc, PA 17013 LEGAL SERVICES INC 8Irvine Row Caflisic, PA 17013 717-243-9400 Michael T. McKeever GOLD'BECK McCAFFERTY & MCKEE'VER BY: Michael T_ McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 RLEG-Jr;=,CE OF THE Pr,' ,,Ti-nAIOTAPY 2009 SEP 17 PH 2: 4 4 CUMCE "LViNIA C??? 3?i ?17F3 pot, ma Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 Plaintiff VS. GREGG ROHRBAUGH (Mortgagors and Record Owner(s)) 1223 Mitchell Drive Mechanicsburg, PA 17050 Defendant(s) No. 09-4595 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-caption er d against you. aj#m urt Long Prothonot By: 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 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 LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 vs. GREGG ROHRBAUGH Mortgagor(s) and Record Owner(s) 1223 Mitchell Drive Mechanicsburg, PA 17050 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4595 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 08/25/2009 to Date of Sale per diem at $21.46 (Costs to be added) $113,348.72 ALL THAT CERTAIN PLACE OR PARCEL OF LAND, SITUATE IN THE BOROUGH OF MECHANIC_SBURG, COUNTY OF CUMBERLAND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED ACCORDING TO A SURVEY BY WILLIAM B. WHTTTOCK. REGISTERED PROFESSIONAL ENGINEER DATED FEBRUARY 3, 1970. AS FOLLOWS TO WIT: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF MITCHELL DRIVE, SAID POINT BEING LOCATED AND REFERENCED EASTWARDLY A DISTANCE OF ONE HUNDRED EIGHT AND FIFTY-TWO HUNDREDTH (108.52) FEET FROM THE EAST OF AN ARC OF A TWENTY-FIVE (25) FOOT RADIUS CONNECTING THE EASTERN RIGHT-OF-WAY LINE OF STATE ROAD (L.R. 21017) AND MITCHELL DRIVE; THENCE THROUGH LOT NO. 32 SOUTH 0 DEGREES, 45 MINUTES 37 SECONDS EAST A DISTANCE OF SEVENTY-NINE AND SIXTY HUNDREDTH (79.60) FEET TO A POINT, THENCE ALONG LOT NO. 30 NORTH 58 DEGREES 57 MINUTES WEST A DISTANCE OF FOURTEEN AND SEVENTY-FIVE HUNDREDTHS (14.75) FEET TO A POINT, THENCE ALONG THE NORTHERN LIME OF LOT NO, .10 SOUT14 62 DEGREES 37 MINUTES WEST A DISTANCE OF EIGHTY-EIGHT (88) FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD (L.R. 21017); THENCE NORTH 27 DEGREES 23 MINUTES WEST ALONG THE AFOREMENTIONED STATE ROAD A DISTANCE OF FIFTY (50) FEET TO A POINT AT AN ARC CONNECTING STATE ROAD WITH MITCHELL DRIVE; THENCE NORTHEASTWARDLY ALONG SAID ARC WITH A RADIUS OF TWENTY-FIVE (5) FEET THE ARC DISTANCE OF THIRTY-NINE AND TWENTY-NINE HUNDREDTHS (39.23) FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF MITCHELL DRIVE; THENCE NORTH 62 DEGREES 37 MINUTES EAST ALONG SAID MITCHELL DRIVE A DISTANCE OF TWENTY-SIX AND TWENTY-ONE HUNDREDTHS (26.21) FEET TO A POINT.. THENCE CON'T'INUING ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID MITCHELL DRIVE IN A ARC" WITH A RADIUS OF ONE HUNDRED NLNETY-NINE AND NINETY-THREE (199.93) FEET THE ARC DISTANCE OF SEVENTY AND THIRTY-ONE HUNDREDTH (70.31) FEET TO A POINT, THENCE CONTINUING ALONG THE SAME NORTH 82 DECREES 46 MINUTES 30 SECONDS EAST A DISTANCE OF TWELVE (12) FEET TO A POINT, THE PLACE OF BEGINNING. BEING KNOWN AS 1223 MITCHELL DRIVE, MECHANICSBURG PA 17050 TAX PARCEL NO: 19-23-0569-045 C LL . - W ? y iJ N U O w ?. H z x 3 w 5O O r? V O > O W VJ 0 kr) 8, 0 x Z O z co~ U C7 w C U tio py o ZZ m 1 C - M am N > a? ?U+ H V a', U U ? U ? O y ? °? cv wax ?? k?l U O 9 N bo w t? 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 LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 Plaintiff vs. GREGG ROHRBAUGH (Mortgagor(s) and Record Owner(s)) 1223 Mitchell Drive Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4595 AFFIDAVIT PURSUANT TO RULE 3129 LNV CORPORATION, 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: 1223 Mitchell Drive Mechanicsburg, PA 17050 1.Name and address of Owner(s) or Reputed Owner(s): GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: GREGG ROHRBAUGH 1223 Mitchell 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: 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 RONALD E. DEITCH AWAITING FOR LIENHOLDER ADDRESS A - ? BOROUGH OF MECHANICSBURG 36 W. ALLEN STREET MECHANICSBURG, PA 17055 AGWAY ENERGY PRODUCTS P.O. BOX 4819 SYRACUSE, NY 13221-4819 MECHANICSBURG SCHOOL DISTRICT 211 E. CHESTNUT STREET SHIREMANSTOWN, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 1223 Mitchell Drive Mechanicsburg, PA 17050 (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 per nal knowledge or information and belief. I understand that false statements herein are made subject to the pe ltie of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: August 24, 2009 GOLDBECK CAFFERTY & BY: Michae . McKeever, Esq. Attorney r Plaintiff r_ F1LE?}a?FrIGE OF THE PRl0T 0; Y-)TARY 2009 SEP 17 PM 2: 4 4 09-4595 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 LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 vs. GREGG ROHRBAUGH Mortgagor(s) and Record Owner(s) 1223 Mitchell Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-4595 Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROHRBAUGH,GREGG GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 Your house at 1223 Mitchell Drive, Mechanicsburg, PA 17050 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 $113,348.72 obtained by LNV CORPORATION 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 LNV CORPORATION, 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. .y 09-4595 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. hip 'ladelphiafed.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 Carlisle, PA 17013 717-243-9400 .•I 09-4595 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.g_o_v_ for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call out toll free number at 1-866-413-2311 or via email at homeretention cc,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 83067FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. FlLED,Ulir .`ICE O THE P111,C)THON,10TARY 2009 SEP 17 PM 2: 4 G 001UNTY I ?E Y?` -?..`r l?E.Jd,NIi . Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 vs. GREGG ROHRBAUGH Mortgagor(s) and Record Owner(s) 1223 Mitchell Drive Mechanicsburg, PA 17050 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 09-4595 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney of I further certify that this property is subject to Act 91 of 1983 and the Plaintiff ha Act. / for plaintiff the Plaintiff in this action, and l with all the provisions of the FILED-C)FRICE OF THE PRMHONOTARY 2009 SEF {7 FM 2: 4 4 y 4 PENNSYLVANIA SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 1223 Mitchell Drive Mechanicsburg, PA 17050 SOLD as the property of GREGG ROHRBAUGH TAX PARCEL #19-23-0569-045 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4595 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LNV CORPORATION Plaintiff (s) From GREGG ROHRBAUGH (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 $113,348.72 L.L. $.50 Interest FROM 08/25/2009 TO DATE OF SALE PER DIEM AT $21.46 Atty's Comm % Due Prothy $2.00 Atty Paid $156.00 Other Costs TO BE ADDED Plaintiff Paid Date: 9/17/09 urtis R. L o on ary (Seal) By: REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQ Address: SUITE 5000- MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY -'r: r'V Ronny R Anderson ~l~~~~''' ~ ~ Sheriff -- Tt-'_ ~-., , . ot:a~r•f Jody S Smith `"~~,, ,,,`, n ~ ~ ^ ~ r ` , ~ ~ Chief Deputy ~; ~ ~,~..'4 ~ ~ r, ~ ~ k i.i Edward L Schorpp LUG:'. ,. _"~;~`` Solicitor ~:. _:. _' _ LNV Corporation vs. Gregg Rohrbaugh SHERIFF'S RETURN OF SERVICE Case Number 2009-4595 12/21/2009 02:53 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2009 at 1453 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 Gregg Rohrbaugh, located at, 1223 Mitchell Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 12/21/2009 02:53 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2009 at 1453 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: Gregg Rohrbaugh, by making known unto, Brook Delesandro, stepdaughter of defendant, at, X, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/31/2009 Property sale cancelled on 12/31/2009 01/19/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Michael McKeever. SHERIFF COST: $128.12 SO ANSWERS, ~~ _ /, y a s ~~~,~ January 19, 2010 ~~y,.~ONNY R ANDERSON, SHERIFF s . } U ~-G- ~~~ 73G~G ~, ~ ~2, ey ~'~ J .: 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 vs. LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 GREGG ROHRBAUGH (Mortgagor(s) and Record Owner(s)) 1223 Mitchell Drive Mechanicsburg, PA 17050 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4595 AFFIDAVIT PURSUANT TO RULE 3129 LNV CORPORATION, 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 tiled the following information concerning the real property located at: 1223 Mitchell Drive Mechanicsburg, PA 17050 I .Name and address of Owner(s) or Reputed Owner(s): GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: GREGG ROHRBAUGH 1223 Mitchell 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: 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 RONALD E. DEITCH AWAITING FOR LIENHOLDER ADDRESS BOROUGH OF MECHANICSBURG 36 W. ALLEN STREET MECHANICSBURG, PA 17055 AGWAY ENERGY PRODUCTS P.O. BOX 4819 SYRACUSE, NY 13221-4819 MECHANICSBURG SCHOOL DISTRICT 211 E. CHESTNUT STREET SHIREMANSTOWN, P.A 17011 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 1223 Mitchell Drive Mechanicsburg, PA 17050 (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 ~ per- nal knowledge or information and belief. 1 understand that false statements herein are made subject to the pe ltie of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: August 24, 2009 GOLDBECK CAFFERTY & BY: Michae .McKeever, Esd. Attorney r Plaintiff 09-4595 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney LD.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 vs. GREGG ROHRBAUGH Mortgagor(s) and Record Owner(s) 1223 Mitchell Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-4595 Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROHRBAUGH, GREGG GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 Your house at 1223 Mitchell Drive, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $113,348.72 obtained by LNV CORPORATION 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 LNV CORPORATION, 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. 09-4595 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. hiladelphiafed.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 1NC 8 Irvine Row Carlisle, PA 17013 717-243-9400 09-4595 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.~o~v for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http : //www.phfa.or~/consumers/homeowners/real. 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 homeretentionn,~oldbecklaw.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 83067FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. ALL THAT CCERT.~LN PLACE Ok FARCEL OF LAND. SITt1ATE IN THE I3C)ROUCH OF ~IECHANIC'SBLRG, C(_)UNT`~' OF C`t_TA~IBERLAND STATE. OF PENNSYLVANL~, 14IORE PARTIC"LILARLY BOUNDED AND DESCRIBED ACCf7RDi~IC3 TO .4 SLFRVEI' BY ~~'ILLL~t~I B. i~'H['I'TOCk. RECTISTERED PROFESSIONAL ENGINEER DATED FEBRUARY 3, 197 0. AS F[=)LLt)tt~'S T01~t~'IT: BEGINNINt_~ AT A POINT ON THE SOUTHERLY RIGHT-OF-~Z'AY LINE OF MITCHELL DRI~•'E, SA[D PC)[NT BEING; LOCATEL) AND REFEREIv;C"ED EASTI~VARDLY A DISTANCE OF' C)NE HLTNDREL) EIGHT .AND FIFTY-Tti~'O Ht~NDREDTH {IEJS.'~~:J FEET FROM[ 'I'I-IE E.aST C)F .=~N ARC OF A T4t'ENTY-FIL'E (?~I Ft}OT RADIUS CONNEC'TINCT THE. EASTERN RICUHT-c~F-1t'AY LINE OF STATE ROAL) (L.R. ? l0i 7) AND ~~[ITCHELL DRIVE; THE`~IC"E THRUt_TGH LOT N O. 3'' SC)t'TH () DEGREES, 4> A~iINt_tTE,S 37 SEC`C)NL3S EAST .~ DI~TANC'E OF SEVENTY-NINE AND SIXTY HL`NDREDTH (79.E0) FEET TO A POINT, THENCE ALONG Lt~T NO. s0 NC}RTH ;ti L)ECREE.S ~;i t~II~NLfTES ~~'E,ST A DIST.~NCE C)F FOURTEEN .ANL) SEVENTY-FIB' E HtTNDREDTHS i 14.'7St FEET TO .~ POINT, THENC"E .4LC)NG THE NC)RTHERN LLtiE OF LOT NC}. ~0 SOUTH ~? DEGREES 37 1ttINtITES ~'~~E:ST A DISTANCE OF EICTHT~'-EIGHT {~8y FEET TO A POINT C)N THE EASTERLY RIGHT-C)F-~~'AY` LINE t=)F STATE. RC)AD t L,R. ? 1017 i; THENCE NC)RTH ?7 DEtTREES 2> I~[INL!TE.S WEST :4LONC~ THE .=~FOREI~riENTi:C)NEL) STATE Rt~A D A L)ISTANC'E OF FIFT}' { a{)1 FEET TO A POINT AT AN ARC C'ON'~tEC'TING STATE ROAD G'~~'1TH ~~IITCHELL DRIVE: TI-IENCE NORTHEASTLVARDL~" ALOtiG SAID AR(_' t~'ITH A R.=~DItTS t~F T~VENT'~'-FI'vE {?>) FEET THE ARC DISTANCE OF THIRTI' NINE ANL) TV4'ENT~'-NINE HLFNDREDTHS {y.'9) FEET Tt_) A PC)INT ON THE SOUTHERLY RIGHT-OF-~~%:~~' LINE OF 11-[ITCHELL L)RI~'E, THENCE NC)RTH E~'? DECREES 37 t~ILNUTES EAST ALONt; tiA [L) ~~IITC'HELL DRI4'E A LISTANCE OF T~~~ ENTY SIX ANL) Tt1`ENTI"-ONE HtT?'tiDREL)THS {"?t~.`'1) FEET TC} :~ POINT: THENCE CONTINUING .-',LC)Nt~; THE SC)UTHERLY RIt1HT-C)I=-~~'AI' L[NE t)F SAID MITCHELL DRIVE IN A ALtC t'~~ITH A RADII;S t_)F ONE. Itt?NDRED NItiETY-Ni;~tE AND N1NET~'-THREE { i 99.9~~ i FEET THE ARC L)ISTANt='E OF SEL`ENT'l' AND THIRTY'-t-)NE HUNDREDTH ~ i0.33) FEET TO A POItiTT, THEI\C'E CONTLNLIL~G .~LONC~ THE SA~IIE NORTH 5? DE~TkEES 4~~ ~[INUTES 0 SEC(-1NDS EA4T A DISTANCE (}F TL~'LLti~ E { 1 ~? ~ FEET 7'~-} .~ P(_}INT, THE PLACE {_~F LiEGtNNINCT. BEING KNOWN AS 1223 MITCHELL DRIVE, MECHANICSBURG PA 17050 TAX PARCEL NO: I9-23-0569-045 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N009-4595 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LNV CORPORATION Plaintiff (s) From GREGG ROHRBAUGH (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) [f 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 $113,348.72 L.L. $.50 Interest FROM 08/25/2009 TO DATE OF SALE PER DIEM AT $21.46 Atty's Comm Atty Paid $156.00 Plaintiff Paid Date: 9/17/09 (Seal) REQUESTING PARTY: Due Prothy $Z.00 Other Costs TO BE ADDED ~~ ~ ~~. urtis R. Lo of n ary By: Deputy Name: MICHAEL T. MCKEEVER, ESQ Address: SUITE 5000- MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 2l 5-627-1322 Supreme Court ID No. 56129 On October 1, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, PA, Known and numbered as 1223 Mitchell Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 1, 2009 By: ~ ~~ / '~.~~:.~..~~~_~l Real Estate Coordinator ~,~ ~~1 ~!~;, ~ `~ j _, PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 t3F Goldbeck, McCafferty & McKeever Suite 5000 - Mellon Independence Center , ??? `? u 701 Market Street Philadelphia, PA 19106-1532 gFx rig CQUO 215-627-1322 LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 vs. Plaintiff IN THE COURT OF COMMON PLEAS GREGG ROHRBAUGH Mortgagor(s) and Record Owner(s) 1223 Mitchell Drive Mechanicsburg, PA 17050 TO THE PROTHONOTARY: Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4595 PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: Q a? .00 Pz ATTY 4 7 ?', Sd ce5?'s 8 ? IC 1q,0 U tI,0D $ 37. ov ?y 3p5 . to ?- P6 a < J-66 -D,'e C o ? ay7tss Amount Due interest from 08/2512009 to Date of Sale per diem at $21.46 (Costs to be added) $113,348.72 By: G BE MCCAFFERT & MCKEEVER Michae ver Pa. ID 29 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff Z O ? 4 O Z • ?i ? [¢ Q ? Q a O i. ? ? J ?U o W C0 3a zF to p N? G4 a C7 ob U W z o, x U Cd U 12 U N ? U vMi 7a ? C/1 .--? rM+ ? b b? o a? ALL THAT CERTAIN PLACE OR PARCEL OF LAND, SITUATE IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED ACCORDING TO A SURVEY BY WII.LIAlvT B. WHITTOCK, REGISTERED PROFESSIONAL ENGINEER DATED FEBRUARY 3, 1970, AS FOLLOWS TO WIT: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF MITCHELL DRIVE, SAID POINT BEING LOCATED AND REFERENCED EASTWARDLY A DISTANCE OF ONE HUNDRED EIGHT AND FIFTY-TWO HUNDREDTH (108.52) FEET FROM THE EAST OF AN ARC OF A TWEN'T'Y-FIVE (25) FOOT RADIUS CONNECTING THE EASTERN RIGHT-OF-WAY LINE OF STATE ROAD (L.R. 21017) AND MITCHELL DRIVE; THENCE THROUGH LOT NO. 32 SOUTH 0 DEGREES, 45 MINUTES 37 SECONDS EAST A DISTANCE OF SEVENTY-NINE AND SIXTY HUNDREDTH (79.60) FEET TO A POINT, THENCE ALONG LOT NO. 30 NORTH 58 DEGREES 57 MINUTES WEST A DISTANCE OF FOURTEEN AND SEVENTY-FIVE HUNDREDTHS (14.75) FEET TO A POINT, THENCE ALONG THE NORTHERN LINE OF LOT NO. 30 SOUTH 62 DEGREES 37 MINUTES WEST A DISTANCE OF EIGHTY-EIGHT (88) FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD (LJL 21017); THENCE NORTH 27 DEGREES 23 MINUTES WEST ALONG THE AFOREMENTIONED STATE ROAD A DISTANCE OF FIFTY (50) FEET TO A POINT AT AN ARC CONNECTING STATE ROAD WITH MYIUHELL DRIVE; THENCE NORTHEASTWARDLY ALONG SAID ARC WITH A RADIUS OF TWENTY-FIVE (25) FEET THE ARC DISTANCE OF THIRTY-NINE AND TWENTY-NINE HUNDREDTHS (39.29) FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF MITCHELL DRIVE; THENCE NORTH 62 DEGREES 37 MINUTES EAST ALONG SAID MITCHELL DRIVE A DISTANCE OF TWENTY-SIX AND TWENTY-ONE HUNDREDTHS (26.21) FEET TO A POINT;114ENCE CONTINUING ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID MITCHELL DRIVE IN A ARC WITH A RADIUS OF ONE HUNDRED NINETY-NINE AND NINETY-THREE (199.93) FEET THE ARC DISTANCE OF SEVENTY AND THIRTY-ONE HUNDREDTH (70.31) FEET TO A POINT, THENCE CONTINUING ALONG THE SAME NORTH 82 DEGREES 46 MINUTES 30 SECONDS EAST A DISTANCE OF TWELVE (12) FEET TO A POINT, THE PLACE OF BEGINNING. BEING KNOWN AS 1223 MITCHELL DRIVE, MECHANICSBURG PA 17050 TAX PARCEL NO: 19-23-0569-045 GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQ. ATTORNEY I.D. #56129 '0t"'1^30 atil 1: 4 1 SUITE 5000 - MELLON INDEPENDENCE CENTER i 701 MARKET STREET ?FYVAP PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF LNV CORPORATION 7195 Dallas Parkway IN THE COURT OF COMMON PLEAS Plano, TX 75024 OF Cumberland COUNTY Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE GREGG ROHRBAUGH FORECLOSURE Mortgagor(s) and Record Owner(s) 1223 Mitchell Drive Mechanicsburg, PA 17050 No. 09-4595 Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY Plaintiff, by counsel, hereby certifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. By: G BE McCAF TY & McKEEVER Michael c eever a. ID 56129 Gary McCafferty Pa. ID 42386 c' Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff 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 IN THE COURT OF COMMON PLEAS LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 vs. GREGG ROHRBAUGH (Mortgagor(s) and Record Owner(s)) 1223 Mitchell Drive Mechanicsburg, PA 17050 Plaintiff Defendant(s) c ?0 rr 3C QI?11:41 ?P?ENLj?"1f 1.VANiP? of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4595 AFFIDAVIT PURSUANT TO RULE 3129 LNV CORPORATION, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1223 Mitchell Drive Mechanicsburg, PA 17050 1.Name and address of Owner(s) or Reputed Owner(s): GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: GREGG ROHRBAUGH 1223 Mitchell 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: MECHANICSBURG SCHOOL DISTRICT 211 E. CHESTNUT STREET SHIREMANSTOWN, PA 17011 AGWAY ENERGY PRODUCTS P.O. BOX 4819 SYRACUSE, NY 13221-4819 BOROUGH OF MECHANICSBURG 36 W. ALLEN STREET MECHANICSBURG, PA 17055 RONALD E. DEITCH AWAITING FOR LIENHOLDER ADDRESS DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 1223 Mitchell Drive Mechanicsburg, PA 17050 (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: August 25, 2010 n f??(? GOLDBECK McCAFFERTY & McKEEVER BY: tinamarie boschetti l 09-4595 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 30 011. 41 LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 VS. GREGG ROHRBAUGH Mortgagor(s) and Record Owner(s) 1223 Mitchell Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 09-4595 Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROHRBAUGK GREGG GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 Your house at 1223 Mitchell Drive, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriff s Sale on Wednesday, December 08, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $113,348.72 obtained by LNV CORPORATION 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 LNV CORPORATION, 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. 09-4595 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: hiip://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 Carlisle, PA 17013 717-243-9400 09-4595 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.g_ov 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 htt-o://www.phfa.org/consumers/homeowners/real.gpx. 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 ggoldbecklaw.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 83067FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4595 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LNV CORPORATION Plaintiff (s) From GREGG ROHRBAUGH (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$113,348.72 L.L. Interest FROM 08/25/2009 TO DATE OF SALE PER DIEM AT $21.46 Atty's Comm % Atty Paid $305.62 Plaintiff Paid Date: AUGUST 30, 2010 (Seal) Due Prothy $2.00 Other CostsTO BE ADDED - '--Z?)') ?4y- David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name GARY MCCAFFERTY, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER. SUITE 5000 - MELLON INDEPENDENCE CENTER, 701 MARKET STREET, PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 216-627-1322 Supreme Court ID No. 42386 0 FILED- oF F ICE GOLDBECK MCCAFFERTY & MCKEEVE]t I F. '' C 'I ?? ° ?` Suite 5000 - Mellon Independence Center ?!}f, ; r 701 Market Street Philadelphia, PA 19106-1532 r, i 3 F F L A 13 G D U al i 5 11 215-825-6342 ' s t %P- `a' ! ", Attorney for Plaintiff LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 vs. Plaintiff GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4595 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, LNV CORPORATION, petitions the Court to Reassess Damages in mortgage foreclosure for the following reasons: 1. Plaintiffs Complaint in Mortgage Foreclosure was filed on July 02, 2009 as to the property located at 1223 Mitchell Drive Mechanicsburg, PA 17050 ("Property"). 2. On September 11, 2009, judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendants in the amount of $113,348.72, based upon the demand in Plaintiffs Complaint. Additional sums have been incurred or expended on Defendant's behalf since the complaint was filed. 3. Since the filing of the Complaint, interest and late charges continue to accrue based on the rate set forth in the mortgage; and plaintiff has continued to pay taxes and hazard insurance premiums as required under the terms of the note and mortgage or under the terms of the mortgage contract in order to protect the interest of Defendants and Plaintiff. 4. Due to the increase in the amounts due and owing to Plaintiff, Plaintiffs judgment amount is not sufficient to satisfy the amounts due and owing on the mortgage and the mortgage lien on the Property. 5. A sheriffs sale is scheduled for December 08, 2010, and the amounts due and owing on the mortgage as of the sheriff s sale will be as follows: Principal Balance $97,750.83 Interest from 11/1/08 thru 12/8/10 at 8.00000% Per diem interest rate at $21.46 $16,447.20 Late Charges per Complaint $408.91 Escrow $5,568.65 Sub-Total $120,175.59 Attorney's Fee at 5.0000% of principal balance $4,887.54 Costs of Suit and Title Search $900.00 TOTAL $12SX113 WHEREFORE, Plaintiff prays that the Petition be granted and Plaintiffs Judgment be amended to $125,963.13, plus interest and costs of the action. Respectfully submitted, GOLDBECK McCAFFERTY & McKEEVER GOL MCCAFFERTY MCKEEVER Michael McKeev 9 Gary McCafferty Pa. ID 42386? Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6302 Attorney for Plaintiff LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 Plaintiff VS. GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4595 VERIFICATION Attorney hereby states that he is the attorney for plaintiff and that all of the facts set forth within the attached Petition to Amend its Judgment are true and correct to the best of his knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties 18 P.S. Section 4904. By: GOLDBE CAFFERTY MCKEEVER Michael cKeever a. Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorney for Plaintiff GOLDBECK MCCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6302 Attorney for Plaintiff LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 Plaintiff VS. GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4595 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff is entitled to the amounts due and owing pursuant to the terms of the mortgage and note at the time of the Sheriff's Sale of property involved. For reasons stated in the within motion, Plaintiff's judgment in mortgage foreclosure is insufficient to compensate Plaintiff for the amount due and owing under the mortgage. Specifically, interest charges, late charges and advances made by plaintiff to pay taxes, insurance, or to otherwise protect its mortgage lien and the interests of the Defendant, have all been accruing while Plaintiff's action in mortgage foreclosure was delayed. CONCLUSION For the reasons stated above and in the within petition, Plaintiff respectfully requests that the petition be granted and Plaintiffs judgment be amended to $125,963.13, plus interest and costs. Respectfully submitted, CCA FFER & MCKEEVER hael cKeever 29 ';iL Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 vs. GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4595 CERTIFICATION OF SERVICE Barbara Hand is a legal assistant with the firm of GOLDBECK McCAFFERTY & McKEEVER and hereby certifies that a true and correct copy of Plaintiff's Motion to Reassess Damages was mailed by first class mail, postage prepaid to Defendant GREGG ROHRBAUGH @ 1223 Mitchell Drive Mechanicsburg, PA 17050 on November 19 2010. By: '=L6? Goldbeck McCafferty & McKeever Barbara Hand Judgment Department Phone: (215) 825-6320 Fax: (215) 825-6420 Email: bhand@goldbecklaw.com GOLDBECK WCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Sum $000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 W W W.GOLDBECKLA W.COM November 10, 2010 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA RE: LNV CORPORATION vs. GREGG ROHRBAUGH Docket Number: 09-4595 Our file Number: 83067FC To the Prothonotary: Kindly file Plaintiff's Motion to Reassess Damages the same of record with the Court and return a time-stamped copy in the self-addressed stamped envelope enclosed. Very truly yours, Goldbeck McCafferty & cKeever Barbara Hand Judgment Department Phone: (215) 825-6320 Fax: (215) 825-6420 Email: bhand@goldbecklaw.com cc: GREGG ROHRBAUGH Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4595 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, LNV CORPORATION, petitions the Court to Reassess Damages in GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff ^F THE F?? r 'C o TARY 2010 P'?? 22 PM12:30 CUI"IBERLAND , PE?1' t?sYLV, t 1?' , LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 vs. Plaintiff GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 mortgage foreclosure for the following reasons: 1. Plaintiffs Complaint in Mortgage Foreclosure was filed on July 02, 2009 as to the property located at 1223 Mitchell Drive Mechanicsburg, PA 17050 ("Property"). 2. On September 11, 2009, judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendants in the amount of $113,348.72, based upon the demand in Plaintiffs Complaint. Additional sums have been incurred or expended on Defendant's behalf since the complaint was filed. 3. Since the filing of the Complaint, interest and late charges continue to accrue based on the rate set forth in the mortgage; and plaintiff has continued to pay taxes and hazard insurance premiums as required under the terms of the note and mortgage or under the terms of the mortgage contract in order to protect the interest of Defendants and Plaintiff. 4. Due to the increase in the amounts due and owing to Plaintiff, Plaintiffs judgment amount is not sufficient to satisfy the amounts due and owing on the mortgage and the mortgage lien on the Property. 5. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), I, Gary McCafferty, Esquire, hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the Defendant has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendant to request his concurrence. 6. A sheriffs sale is scheduled for December 08, 2010, and the amounts due and owing on the mortgage as of the sheriffs sale will be as follows: Principal Balance $97,750.83 Interest from 11/1/08 thru 12/8/10 at 8.00000% Per diem interest rate at $21.46 $16,447.20 Late Charges per Complaint $408.91 Escrow $5,568.65 Sub-Total $120,175.59 Attorney's Fee at 5.0000% of principal balance $4,887.54 Costs of Suit and Title Search $900.00 TOTAL CONCLUSION For the reasons stated above and in the within petition, Plaintiff respectfully requests that the petition be granted and Plaintiffs judgment be amended to $125,963.13, plus interest and costs. Respectfully submitted, & MCKEEVER Michael ?eeverl'a.IP156129 Gary McCafferty Pa. ID 42386? Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff FILED-OFFICE OF THE PROTHONOTARY 2010 NOV 22 AM 9* 55 CUMBERLAND COUNTY , L-NNSYLVANIA LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS VS. No. 09-4595 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.RC.P. 430(x) Plaintiff, by and through its attorney, in support of its Motion for Substituted Service, represents as follows: Plaintiff is the holder of a first mortgage upon the premises 1223 Mitchell Drive, Mechanicsburg, PA, 17050, hereinafter, the "mortgaged premises". 2. Defendant, GREGG ROHRBAUGH, is the mortgagor and real owner of the mortgaged premises. Pursuant to Cumberland County Local Rule 208.3(ax2) and/or Rule 2083(a)(9), the undersigned Attorney hereby certifies that no judge has ruled on any other matters in this case. The undersigned further certifies that they are not aware that the Defendant has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendant to request his concurrence. The last known address of Defendant, GREGG ROHRBAUGH, is 1223 Mitchell Drive, Mechanicsburg, PA, 17050 as set forth in Paragraph 2 of the Complaint. OF Cumberland COUNTY The Sheriff has been unable to effect service of the Notice of Sale upon Defendant, GREGG ROHRBAUGH, at his last known address after numerous attempts. As per the Sheriff, service was attempted at 1223 Mitchell Drive, Mechanicsburg, PA, 17050 but the Defendant was not found at the property. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, GREGG ROHRBAUGH. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Notice of Sale upon Defendant, GREGG ROHRBAUGH, by posting the premises and certified and regular mail to the Defendant's last known address. Respectfully submitted, Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 --David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff ProVest, LLC of Good Faith Investigation Client provided irdnrmation: File Number: 83067FC Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Subject Name: Gregg Rohrbaugh Property Address: Street: 1223 Mitchell Drive City: Mechanicsburg State: PA Zip 17050 Skip Results: Date of Birth: None Found ProVest File Number: 2750987 Last Known Dates: As of 11/18/2010 Street: 1223 MITCHELL DR Phone: City: Mechanicsburg State: PA Zip: 17050 3162 Death Records: As of 11/18/2010, the Social Security Administration has no death record on file for Gregg Rohrbaugh. Social Security Number Search Completed. Employment Search: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for Gregg Rohrbaugh as 1223 MITCHELL DR, Mechanicsburg, PA 17050 3162. Department of Motor Unable to obtain motor vehicle records in the State of Pennsylvania. Vehicle Records: Public Licenses (Pilot, Search performed provided no information. Real Estate, etc): Veer Registration The County Voters Registration Office has no listing for Gregg Rohrbaugh. Information: National Postal Has no change for Gregg Rohrbaugh from 1223 MITCHELL DR, Mechanicsburg, PA 17050 Address Search: 3162. Military Search: There was no active military status found. Comments: 1) 717-574-3082: Number listed to defendant, left message. 2) 717-697-4275: Number listed to defendant, fax machine answered. 3) 850-249-8012: Called possible relative, J Dennis, answering machine answered, no message left. On 11/18/2010, 1, Joyce Gayden being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. Affiard Name: Joyce Gay;den oecviW a-4 SWOM to be ire rw Y- No4ary PuWIG Date: 11/18/2010 L HILL - WWWRtWtDptno, &F A& us Ltpnr Milldi 17, ?F9 MrMlhriiynwr..?raFS?1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?y Richard W Stewart Solicitor LNV Corporation vs. Gregg Rohrbaugh Case Number 2009-4595 SHERIFF'S RETURN OF SERVICE 1011512010 09:04 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-15A 0 at 2104 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gregg Rohrbaugh, located at, 1223 Mitchell Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/28/2010 11:22 AM - Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Gregg Rohrbaugh, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 1223 Mitchell Drive, Mechanicsburg, PA 17055, Defendant no longer lives at address stated, did not leave a physical forwarding address with the post office. SHERIFF COST: $898.42 November 05, 2010 SO ANSWERS, ('?Z, N - 22? RON R ANDERSON, SHERIFF (,;) GountySuite Shenff. Teieosoft, Inc. GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024" VS. GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 09-4595 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Notice of Sheriff's Sale against Defendant, GREGG ROHRBAUGH, which the Sheriff has been unable to personally serve upon Defendant, GREGG ROHRBAUGH. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Notice of Sheriff's Sale upon Defendant, GREGG ROHRBAUGH, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristine Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 VS. GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 CERTIFICATE OF SERVICE No. 09-4595 Kyle Mahoney does hereby certify that true and correct copies of the foregoing Motion for 111- Substituted Service have been served upon the Defendant, GREGG ROHRBAUGH, this day of N`d-'Lv,? , 2010, by first class mail, postage prepaid. GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 yl Mahoney IN THE COURT OF COMMON PLEAS of Cumberland County LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 VS. GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 COURT OF COMMON PLEAS 9:01 OF Cumberland COUNTY 09-4595 ORDER AND NOW, this ;?-,3 day of?0? 44-10, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, GREGG ROHRBAUGH, have been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Notice of Sheriff's Sale upon Defendant, GREGG ROHRBAUGH, by posting a copy of the Notice upon the premises 1223 Mitchell Drive, Mechanicsburg, PA., 17050, and Plaintiff is directed to serve the Notice of Sheriff Sale by certified and regular mail to the Defendant's last known address at 1223 Mitchell Drive, Mechanicsburg, PA, 17050, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, GREGG ROHRBAUGH, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: J. Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 GREGG ROHRBAUGH, 1223 Mitchell Drive Mechanicsburg, PA 17050 &py maded J//RV//`0 2010 NOY 24 ,r V NOV 16 ZU1U GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 VS. GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 RULE Date: /f/G&yl ke- o? /Z?IU J. Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4595 AND NOW, a rule is entered upon Defendant(s) to show cause why the relief requested in Plaintiffs Motion to Reassess Damages should not be granted. !U ?2viU 0-j- a Rule returnable ? &-e p/60? nlag110 t na n r 0 r-me x-" :? rn "", A GOLDBECK McCAFFERTY & McKEEVER Suite 500 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6302 Attorney for Plaintiff OF TH ARY E PRO THONQ T 2010 DEC - ? PM 2: 3 9 CJMBERL, ND COUNTY PEN,NSYl.VAI'IA LNV CORPORATION IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County VS. CIVIL ACTION - LAW GREGG ROHRBAUGH ACTION OF MORTGAGE Defendant(s) FORECLOSURE No. 09-4595 CERTIFICATION OF SERVICE OF RULE RETURNABLE Attorney for Plaintiff hereby certifies that a copy of Plaintiffs Motion to Reassess Damages and Rule Returnable Date of December 10, 2010 was mailed by first class mail, postage prepaid to Defendant(s) GREGG ROHRBAUGH on November 30, 20 By: ' GOLDBECI? & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorney for Plaintiff Sworn and subscribed to me this 30 day of November, 2010 Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLEEN M. LION, Notary Public City of Philadelphia, Phila. County My Commission Expires Ma 14, 2012 LNV CORPORATIOT4010 DEC -8 AM 11:1194 THE COURT OF COMMON PLEAS OF Plai L CUMBERLAND COUNTY, PENNSYLVANIA I'EEA YLV, I ? V, I ? . CIVIL ACTION - LAW V. ACTION OF MORTGAGE FORECLOSURE GREGG ROHRBAUGH, Defendant :No.: 09-4595 ENTRY OF APPEARANCE AS LOCAL COUNSEL TO THE PROTHONOTARY: Kindly enter my appearance as local counsel, in conjunction with Goldbeck, McCafferty and McKeever, P.C., for the limited purpose of representing the Plaintiff in regard to the December 10, 2010 Hearing only. December 2, 2010 BY: Respectfully subm' d, WOLF & WO ornevs at Law Nathan o squire I.D. N?. 8 0 10 West High Street Carlisle, PA 17013-2922 (717) 241-4436 cc: Goldbeck, McCafferty & McKeever, for Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 vs. GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 Plaintiff Defendant(s) CIVIL. ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4595 ORDER AND NOW, this/0'Aday o . (b2010, upon consideration of the Petition of LNV CORPORATION to Amend its JucIgment, it is, ORDERED: That the motion is granted and Plaintiffs judgment is hereby amended to $125,963.13, plus interest at the rate set forth in the note and mortgage, and costs of this action through and including the Sheriff's Sale of the Property or payment of the mortgage loan in full. BY T C RT: J. Distribution list: Goldbeck, McCafferty & McKeever, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 GREGG ROHRBAUGH, 1223 Mitchell Drive Mechanicsburg, PA 17050 ?3 0` --fi z rn te n r=- cnr" -M CZ CD Ma f R4/,Y/ -J- b?' w Z&r -C:? Z :ijm `2?iv1 c GOLDBECK McCAFFERTY & McKEEVER Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 93067FC CF: 07/09/2009 SD: 02/02/2011 $125,963.13 vs. Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County GREGG ROHRBAUGH Mortgagor(s) and Record Owner(s) 1223 Mitchell Drive Mechanicsburg, PA 17050 Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 09-4595 . `-? ° -a r cxm .z- :;e: cra , _.._ V1 ? ERIC KEENAN, an employee of Goldbeck McCafferty & McKeever, counsel of Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ?s ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. Premises was posted by SkCsOy ompetent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respe lly sub .tte , BY: ERIC KEENAN Legal Secretary IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff (Petitioner) V. GREGG ROHRBAUGH; et al. Defendant (Respondent) Sheriffs Sale Date: 12/8/2010 s>avrnsv'rm n>. et?nrnr>. Complaint El Summons Otter: NOTICE OF SEMkIFF'S SALE OF REAL PROPERTY I, RYAN MARKS, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee not relative of a party, and that I served and made known to the person served, GREGG ROHRBAUGH; et al. the above process on the 2 day of December, 2010, at 12:35 o'clock, PM, at 1223 Mitchell Drive Mechanicsburg, PA 17050, County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: 7 By posting a copy of the original process on the most public part of the property pursuant to an order of court Service was attempted on the following dates/times: 2) 3) Commonwealth of Pennsylvania SS: County of Cumberland } Before me, the undersigned notary public, this day, personally,.Ippeared to me known, who being duly sworn according to law, deposes the following: I hereby sw affirm that the facts set forth in the foregoibg(Affdavif of Service are true ands correct. . 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Z O p N = ?tid? r N C7 L 6 f0 fem. od o $ C m IL C 0 m O Jz C m C F- .Q w m CL O O N 00 O N 6 c6 0 a) N o c 7 m U a a N C f6 z m ti p ei U Of ° LL W ° Of co Cf) a co C9 LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 vs. GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 09-4595 ORDER -V Id AND NOW, this day of `7Z 2010, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, GREGG ROHRBAUGK have been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Notice of Sheriff s Sale upon Defendant, GREGG ROHRBAUGH, by posting a copy of the Notice upon the premises 1223 Mitchell Drive, Mechanicsburg, PA, 17050, and Plaintiff is directed to serve the Notice of Sheriff Sale by certified and regular mail to the Defendant's last known address at 1223 Mitchell Drive, Mechanicsburg, PA, 17050, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, GREG G- ROHRBAUGK by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: 7. Distribution list: 'rMichael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 GREGG ROHRBAUGH, 1223 Mitchell Drive Mechanicsburg, PA 17050 GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff LNV CORPORATION 7195 Dallas Parkway Plano, TX 75024 VS. GREGG ROHRBAUGH Mortgagor(s) and Record Owner(s) 1223 Mitchell Drive Mechanicsburg, PA 17050 Defendant(s) Term No. 09-4595 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 LNV CORPORATION, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1223 Mitchell Drive Mechanicsburg, PA 17050 1.Name and address of Owner(s) or Reputed Owner(s): GREGG ROHRBAUGH 1223 Mitchell Drive Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: GREGG ROHRBAUGH 1223 Mitchell 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: r MECHANICSBURG SCHOOL DISTRICT 211 E. CHESTNUT STREET SHIREMANSTOWN, PA 17011 AGWAY ENERGY PRODUCTS IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE P.O. BOX 4819 SYRACUSE, NY 13221-4819 BOROUGH OF MECHANICSBURG 36 W. ALLEN STREET MECHANICSBURG, PA 17055 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 BARRY HECKARD, TAX COLLECTOR 605 Somerset Drive Mechanicsburg, PA 17055 RONALD E. DEITCH 41 Country Club Road Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 1223 Mitchell Drive Mechanicsburg, PA 17050 (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 unworn falsification to authorities. DATED: January 18, 2011 GOLDBECK McCAFFERTY & McKEEVER BY: ERIC KEENAN Legal Secretary