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HomeMy WebLinkAbout09-824325547CFC-DD Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit #7 Attorney for Plaintiff Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE MLMI TRUST SERIES 2005-FFH1 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 PLAINTIFF KELLY L. GETHOUAS AND CHARLES V. GETHOUAS 421 Fourth Street New Cumberland, PA 17070 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ©y,, b ?_ •3 6',J DEFENDANTS CIVIL ACTION - MORTGAGE FORECLOSURE 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 this 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 claimed in the complaint or 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 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 25547CFC-DD Attorney for Plaintiff WELLS FARGO BANK, N.A. AS TRUSTEE COURT OF COMMON PLEAS OF FOR THE MLMI TRUST SERIES 2005- CUMBERLAND COUNTY FFH1 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 PLAINTIFF V. KELLY L. GETHOUAS AND CHARLES V. GETHOUAS 421 Fourth Street New Cumberland, PA 17070 NO. 0q- Y2LI3 & -(' l , DEFENDANTS CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is Wells Fargo Bank, N.A. as Trustee for the MLMI Trust Series 2005-FFH1, a corporation organized and existing under state law, with offices for the conduct of business at 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005. 2. Defendants, Kelly L. Gethouas and Charles V. Gethouas are the mortgagors and real owners of premises 421 Fourth Street, New Cumberland, PA 17070, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to First Franklin A Division of National Bank of IN on April 25, 2005, which mortgage is recorded on April 29, 2005 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1905, Page 873 secured on premises 421 Fourth Street, New Cumberland, PA 17070 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to the Plaintiff herein. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made in conformity with the terms of the mortgage, from August 2009 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $ 101,000.92 Interest from 7/1/2009 to 11/23/2009 at $20.06 per diem $ 2,928.76 Accrued late charges $ 216.96 Accrued Escrow deficit $ 202.67 Corporate Advances $ 315.00 Attorney's Fee (5% of unpaid Principal balance) $ 5,050.05 Title Information Certificate $ 515.00 Suspense $ (562.70) Total $ 109,666.66 9. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff s sale. If the mortgage is reinstated prior to the Sheriffs sale, reasonable attorney's fees will be charged based on work actually performed. 10. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted, although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $109,666.66, plus per diem interest at $20.06 from November 24, 2009 to the date of judgment plus costs thereon. Martha E. Von Rosenstiel Attorney for Plaintiff VERIFICATION MARTHA E. VON ROSENSTIEL, ESQUIRE, of full age, verifies that she is the attorney for the plaintiff in the foregoing action; that she is authorized to make this verification on behalf of plaintiff, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. This verification is being executed by the attorney for plaintiff in accordance with Pa R.C.P. 1024( c ) as a signed verification could not be obtained by plaintiff within the time allowed for filing of the pleading. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. Martha E. V Rosenstiel Attorney for Plaintiff LEGAL DESCRIPTION A1.6 THAT CERTAIN tract or parcel of land and premises, situate lying and being to the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot Ho. 11 in Block H, in the general plan of George W. Buttorff*a addition to New Cumberland, as recorded in the Recorder's office in and for Cumberland County in Bode N, Volume S. Page 500, maid lot being bounded and described as follows: TIFiGINNING at a point on the North side of Fourth Street, fifty 4501 feet more or less, from the Northeast corner of Fourth Street and Geary Avenuet Thence in an eastwardly direction along said Fourth Street, twenty-five 125) feet, more or less, to the dividing line between Lots Nos. 11 and 10 Thence in a northwardly direction along said dividing line between Lots figs, 1,1 and. 10, one hundred forty (140) feast, more or less, to First Avenue: Thence in a westwardly direction along said Hirst Avenue, twenty-five (25) feet, more or lees, to dividing line between Lots No. 11 and 120 Thence in a southwar+dl y direction along said dividing lima between Lots Nom. It and 12, one hundred forty (140) feet, more or less, to Fourth Street, the place of BEGINNING. PARCEL 425_25-006-010 € EV 36-0 PACE 433 :1111?_ EXHIBIT v,. Wilshire-' June 30, 2009 CERTIFIED RETURN RECEIPT AND REGULAR FIRST CLASS MAIL L 178G GETHOUAS, KELLY L 421 4TH ST NEW CUMBERLAND, PA 17070 RE: Loan No.: 964378 ACT 91 NOTICE Phone 888.502.0100 Fax 503.952.7476 Website https://www.wcc.mi.com TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE (Continued) YOU Sl IOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLI ATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE hup: +tt?r.agu..u?tr.co.us/cadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do busineYs at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday- Friday 6:00 am to 5:00 pm Pacilic time, holidays excluded. L 11-8G Wilshire Credit Corporation Payments P.O. BOX 105344; Atlanta, GA 30348-5344 or P.O. Box 7195; Pasadena, CA 91109-7195 Correspondence P.O. Box 8517; Portland, OR 97207-8517 if- EXHIBIT This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. GETHOUAS, KELLY L Loan No.: 964378 Page 2 June 30, 2009 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS' NAME(S): PROPERTY ADDRESS LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: GETHOUAS, KELLY L 4214TH ST NEW CUMBERLAND, PA 170701802 964378 FIRST FRANKLIN A DIVISION OF NAT. CITY BANK OF IN Wilshire Credit Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USF,D TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER 1S NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLIATFR.AL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEF. hap:YNw?v.u o.state.co.us/cade/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Cnmoration is licensed to do bLlSinCSS at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays CXCluded. L 178(; This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. GETHOUAS, KELLY L Loan No.: 964378 Page 3 June 30, 2009 • 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 consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE.THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. You must have a face-to-face meeting with one of the designated consumer credit counseling agencies within thirty-three (33) calendar days. 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 agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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 Mortgage 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 tiling a foreclosure action, your application MUST be forwarded to PHFA and received within thirty(30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITHA 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 TEMPORA RIL Y PRE VENTED FROM STARTINGA FORECLOSURE,IGAINS T YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORCLOSURE'. YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. ,4 LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUAL.L YAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.. (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE Isttp:/iwww.apostate.co.u,/cadc/cadcmain.cl'm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is lioensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan kk ay. Boacerton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 Pm Pacific time, holidays excluded. L/,48G GETHOUAS, KELLY L Loan No.: 964378 Page 4 June 30, 2009 AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring_ it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 421 4TH ST NEW CUMBERLAND, PA 170701802 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts arc now past due: Your loan is delinquent for the following months: May 2009, June 2009. Past Due Installments: Totals Principal $222.41 Interest 1,223.81 Escrow Installment 291.08 $1,737.30 Other Open Charges: Prior Servicer Charge WCC Charges Late Charges $0.00 $216.96 $216.96 Property Inspections 0.00 22.00 22.00 Valuations 0.00 130.00 130.00 $368.96 Less Suspense (Balance) $0.00 (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, TI ITS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE Iiup:;'www.ago.StItC.CO.us/cadc,'cadcmain.cfil. NEW YORK CITY: License 1032551. NOR"rH CAROLINA: Permit 3840. TENNESSEE: This collection agency is liccu,ed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L 1718G GETHOUAS, KELLY L Loan No.: 964378 Page 5 June 30, 2009 TOTAL $2,106.26 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 $2,106.26, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by_cash, cashier's check, certified check or money order made payable and sent to: Wilshire Credit Corporation P.O. Box 7195 Pasadena, CA 91109-7195 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 mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $ 50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by 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 any other costs connected with the Sheriffs Sale as specified in writing by the lender, and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately eight (8) 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 (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES .ACT, SEE http: lwww.ago.state.cu.LIS cadcicadcmain.cfin. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S. W. Millikan Way, Beaverton, OR. W ilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. l.I7NG GETHOUAS, KELLY L Loan No.: 964378 Page 6 June 30, 2009 the required payment or action will be by contacting the lender/servicer. HOW TO CONTACT THE LENDER/SERVICER: Name of Lender/Servicer: Address: Phone Number: Fax Number: Contact Person(s): E-Mail Address: Wilshire Credit Corporation P.O. Box 8517 Portland, OR 97207-8517 888.917.1050 503.946.3848 Holli Jennings or David Solomon loanworkoutgeneral@wce.ml.com 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 furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You _ may or X may not (CHECK ONE) 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 (Continued) YOU SIIOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http:%'w%+w a, o.state co.usr'cadcicadcmain.cfin. NEW YORK CITY: License 1032 51. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is li, m,cd b; the Collection Service Board of the Department of C'ommnierce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way. Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 ant to 5:00 pm Pacific time, holidays excluded. L 17SG GETHOUAS, KELLY L Loan No.: 964378 Page 7 June 30, 2009 BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Enclosed is a list of Consumer Credit Counseling Agencies serving your county. Sincerely, Wilshire Credit Corporation Enclosures: PHFA list of HEMAP-approved agencies,How to Avoid Foreclosure YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE hltp:/;WWW.a;o.State.co.us/cads,'cadcmain.ci'm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection `service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business :it 14523 S.W. Millikan \6 ay, Beaverton, OR. A\ ilshire's oil-ice hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L 178G W Wilshire- United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice Legal Rights and Protections Under the SCRA Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 U.S.C App. 501, et seq.) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA? • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; • Active servicemembers of the commissioned corps of the National and Atmospheric Administration; • Active servicemembers of the commissioned corps of the Public Health Service; • United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action; and • Dependants of the above (e.g., spouse or children). What Legal Protections Are Servicemembers Entitled to Under the SCRA? The SCRA states that a debt incurred by a servicemember, or spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service. The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemember's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days, after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. Hovv Does a Servicemember or Dependent Request Relief Under the SCRA? • A servicemember or dependent, or both, may request relief under the SCRA by providing the lender/servicer a written notice with a copy of the servicemember's military orders. Wilshire Credit Corporation P.O. Box 8517 Portland, OR 97207-8517 How Does a Servicemember or Dependent Obtain Information About the SCRA? • The U.S. Department of Defense's information resource is "Military One Source." Web site: ht(p _y?.w}y_militai-vonesource_coin>. The toll-free telephone numbers for Military One Source are: From the United States: 1-800-342-9647. From outside the United States (with applicable access code): 800-342-9647-7. International Collect: 1-484- 530-5908. • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for each branch of the armed forces is available at: ltttp;i%le ?alassistancc.law.af.miliconteut!locator.nhp YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY Y01J WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF TLIIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE, ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE hop: www.a o.state.co.us/cadc/cadcmain.cfin. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Dcpartmen: of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday- Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L 17SG rte,, Wilshire- June 30, 2009 CERTIFIED RETURN RECEIPT AND REGULAR FIRST CLASS MAIL L 178G GETHOUAS, CHARLES V 421 4TH ST NEW CUMBERLAND, PA 17070 RE: Loan No.: 964378 ACT 91 NOTICE Phone 888.502.0100 Fax 503.952.7476 Website https://www.wcc.ml.com TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE (Continued) YOU SI IOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NO T AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE htip:,rwtivw.ago.state.co.uslcadc/cadcnwin.cfin. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Deparin ert of Commerce and lnsurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton. OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pin Pacific time, holidays excluded. L I 7SG Wilshire Credit Corporation Payments P.O. BOX 105344; Atlanta, GA 30348-5344 or P.O. Box 7195; Pasadena, CA 91109-7195 Correspondence P.O. Box 8517; Portland, OR 97207-8517 GETHOUAS, CHARLES V Loan No.: 964378 Page 2 June 30, 2009 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS' NAME(S): GETHOUAS, CHARLES V PROPERTY ADDRESS: 4214TH ST NEW CUMBERLAND, PA 170701802 LOAN ACCT. NO.: 964378 ORIGINAL LENDER: FIRST FRANKLIN A DIVISION OF NAT. CITY BANK OF IN CURRENT LENDER/SERVICER: Wilshire Credit Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT' COLLECTION PRACTICES .ACT, SEE htyr/ www.ago.state.co.us'cadc'cadcmain.cfin. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Conuuerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pin Pacific time, holidays excluded. L178G This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. GETHOUAS, CHARLES V Loan No.: 964378 Page 3 June 30, 2009 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 consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE.THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. You must have a face-to-face meeting with one of the designated consumer credit counseling agencies within thirty-three (33) calendar days. 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 agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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 Mortgage 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 forwarded to PHFA and received within thirty(30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITHPHFA 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 FORCLOSURE ". YOU HA VE 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 EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE. COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http:--www.ago.state.co.uvcadcicadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Pennit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's off ice hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L[78G GETHOUAS, CHARLES V Loan No.: 964378 Page 4 June 30, 2009 AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have tiled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 421 4TH ST NEW CUMBERLAND, PA 170701802 1S SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Your loan is delinquent for the following months: May 2009, June 2009. Past Due Installments: Principal Interest Escrow Installment Other Open Charges: Prior Servicer Charye Late Charges $0.00 Property Inspections 0.00 Valuations 0.00 Less Suspense (Balance) WCC Chartres $216.96 22.00 130.00 Totals $222.41 1,223.81 291.08 $1,737.30 $216.96 22.00 130.00 $368.96 $0.00 (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://wxvw.ago.state.co.us/cadocadcmain.clin. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday- Friday 6:00 am to 5:00 pm Pacific tithe, holidays excluded. L178G GETHOUAS, CHARLES V Loan No.: 964378 Page 5 June 30, 2009 TOTAL $2,106.26 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 $2,106.26, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Wilshire Credit Corporation P.O. Box 7195 Pasadena, CA 91109-7195 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 mortgaee 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 mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $ 50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender, and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately eight (8) 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 (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF TIIIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES .ACT, SEE http:/hvww.agostate.co.u5%cadc/cndcmain.ctni. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office howl are Monday - Friday 6:00 am to 5:00 Pm Pacific time, holidays excluded. L 178G GETHOUAS, CHARLES V Loan No.: 964378 Page 6 June 30, 2009 the required payment or action will be by contacting the lender/servicer. HOW TO CONTACT THE LENDER/SERVICER: Name of Lender/Servicer: Address: Phone Number: Fax Number: Contact Person(s): E-Mail Address: Wilshire Credit Corporation P.O. Box 8517 Portland, OR 97207-8517 888.917.1050 503.946.3848 Holli Jennings or David Solomon loanworkoutgeneral@wcc.ml.com 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 furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You . may or X may not (CHECK ONE) 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 (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF TI [IS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE. http:;iwww.ago.statc.co.us/cads-cadcmttin.cl'm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Pennit 3840. rENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and hisw-ance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Milliken Way, Beaverton, OR. Wilshire's off-ice hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L! 7RG GETHOUAS, CHARLES V Loan No.: 964378 Page 7 June 30, 2009 BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Enclosed is a list of Consumer Credit Counseling Agencies serving your county. Sincerely, Wilshire Credit Corporation Enclosures: PHFA list of HEMAP-approved agencies,How to Avoid Foreclosure YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE fit, w?aN.aeo.state.co.itsicadc/cadcmain.cfn. NEW YORK CITY: License 1032551. NORTH CAROLINA: Pemtit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L 178G MV ' Wilshire- United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice Legal Rights and Protections Under the SCRA Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 U.S.C App. 501, et seq.) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA`' • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; • Active servicemembers of the commissioned corps of the National and Atmospheric Administration; • Active servicemembers of the commissioned corps of the Public Health Service; • United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action; and • Dependants of the above (e.g., spouse or children). What Legal Protections Are Servicemembers Entitled to Under the RA`' The SCRA states that a debt incurred by a servicemember, or spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service. The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemember's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days, after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. How Does a Servicemember or Dependent Reguest Relief Under the RA' • A servicemember or dependent, or both, may request relief under the SCRA by providing the lender/servicer a written notice with a copy of the servicemember's trtilitary orders. Wilshire Credit Corporation P.O. Box 8517 Portland, OR 97207-8517 How Does a Servicemember or Dependent Obtain Information Abort the RA? • The U.S. Department of Defense's information resource is "Military One Source." Web site: littp_nww.militar onesource.cotn .. The toll-free telephone numbers for Military One Source are: From the United States: 1-800-342-9647. From outside the United States (with applicable access code): 800-342-9647-7. International Collect: 1-484- 530-5908. • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for each branch of the armed forces is available at: http;;'Ic galassistance.law.af.mil/contenNlocator.nhn%. YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE ('OI.LATFRAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE hiy,:IwwN,%.ago.state.co.us;'cadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L 178G T, . t4l -7,6 #25547CFJ-DN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE MLMI TRUST SERIES 2005-FFH1 Plaintiff V. KELLY L. GETHOUAS AND CHARLES V. GETHOUAS Defendant(s) ~ N ~ <~. o n -._, " NO. 09-8243 ~_ ~ ~ ~ ~;~~ _ ' w '; ~ 4 S • .. ~ 1 ~ ^~ y c. ~ PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: (XX) Enter judgment in favor of Plaintiff and against: Kelly L. Gethouas and Charles V. Gethouas for want of an answer. (X) Assess Damages as Follows Debt Interest from 11 /24/09 to 1 / 11 / 10 At $ per diem Total $ 109,666.66 $ 982.94 $ 110,649.60 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least (10) days prior e date of the filing of this Praecipe. A copy of the Notice is attached. R.C.P. 237.1 Attorney for Plaintiff Martha E. Von Rosenstiel Attorney I.D. #52634 Print/Type Name and ID Number Phone: (610) 328-2887 This i3*~` day of ~(3~ . , 2010 judgment is entered in favor of the Plaintiff and against Defendant(s), Kelly L. Gethouas and Charles V. Gethouas by default for want of an answer and damages assessed at the sum of $110,649. 0 as per the above certification. s rothonotary, Cumberland County,p~ $I~:oo PiD PYH ~~,~ 3s7a1.3 ~' a3~a4(~ Notice ~Ia~~ Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE MLMI TRUST SERIES 2005-FFH1 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 PLAINTIFF v. KELLY L. GETHOUAS AND CHARLES V. GETHOUAS 421 Fourth Street New Cumberland, PA 17070 DEFENDANTS TO: Kelly L. Gethouas 421 Fourth Street New Cumberland, PA 17070 #25547CTD - DD Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 09-8243 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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 CARLISLE, PA 17013 717-249-3166 Dated: December 28, 2009 800-990-9108 r t r~ gy ~,. MarthalW ~6n l~o~enstiel,l~'xq. Atto~~ney fnr Plaintiff Marta E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE MLMI TRUST SERIES 2005-FFH1 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 PLAINTIFF v. KELLY L. GETHOUAS AND CHARLES V. GETHOUAS 421 Fourth Street New Cumberland, PA 17070 DEFENDANTS TO: Charles V. Gethouas 421 Fourth Street New Cumberland, PA 17070 #25547CTD - DD Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 09-8243 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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 CARLISLE, PA 17013 717-249-3166 800-990-9108 Dated: December 28, 2009 ~` ~~ r~ ~ Martha ~. 'Von Rcsscnstiel, f,sc;. Attgrney for Plaincifl' #25547CFJ-DN Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 WELLS FARGO BANK, N.A. AS TRUSTEE FOR COURT OF COMMON PLEAS THE MLMI TRUST SERIES 2005-FFH1 CUMBERLAND COUNTY Plaintiff vs. No: 09-8243 KELLY L. GETHOUAS AND CHARLES V. GETHOUAS Defendant(S) NON MILITARY AFFIDAVIT Martha E. Von Rosenstiel, Esquire hereby certifies that: 1. I am the attorney for the plaintiff herein. 2. The individual involved in this action is the owner of the premises described in the mortgage underlying this action. 3. The procedures of the Law Office of Martha E. Von Rosenstiel, P.C. are designed to discover facts concerning the military status of the mortgagor(s) and/or real owner(s). 4. Said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense, has confirmed that the defendant(s) is/are not in the military. 6. On information and belief, named mortgagor(s) and real owner(s) is/are not incompetent nor a service member in military service as defined by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Section 501 et seq. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating sification to authorities. ..- Martha E. Von Rosenstiel Attorney for Plaintiff Dated: January 11, 2010 iN~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 Kelly L. Gethouas 421 Fourth Street New Cumberland, PA17070 Prothonotar Das~-id U~c~el~ WELLS FARGO BANK, N.A. AS TRUSTEE : COURT OF COMMON PLEAS FOR THE MLMI TRUST SERIES 2005- CUMBERLAND COUNTY FFH1 PLAINTIFF VS. NO: 09-8243 KELLY L. GETHOUAS AND CHARLES V. GETHOUAS : DEFENDANT(S) Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $110,649.60 on January 11, 2010. /~ V/ Prothonotary XO Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession ^ Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney Martha E. Von Rosenstiel, Esquire at this telephone number:610-328-2887. .. •~F t OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 Charles V. Gethouas 421 Fourth Street New Cumberland, PA 17070 Curt Long, Prothonotary WELLS FARGO BANK, N.A. AS TRUSTEE : COURT OF COMMON PLEAS FOR THE MLMI TRUST SERIES 2005- CUMBERLAND COUNTY FFH 1 PLAINTIFF VS. NO: 09-8243 KELLY L. GETHOUAS AND CHARLES V. GETHOUAS _ DEFENDANT(S) Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $110,649.60 on January 11, 2010. G~_ /J rotho otary ^X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession ^ Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney Martha E. Von Rosenstiel, Esquire at this telephone number:610-328-2887. 25547CWE-DN Commonwealth of Pennsylvania COUNTY OF CUMBERLAND WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE MLMI COURT OF COMMON PLEAS TRUST SERIES 2005-FFH1 v DOCKET NO. 09-8243 KELLY L. GETHOUAS AND CHARLES V. GETHOUAS ATTORNEY I.D. #52634 ~a~ Fourth 5~1- Neu~ (.' u m b er la.~o(, {~A 17070 Praecipe for Writ of Execution TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST from 1/12/2010 to 6/2/2010 At6% TOTAL* *Plus costs to be endorsed $ 110,649.60 $ 2,582.98 $ 113, 232.58 Martha E. Von Rosenstiel Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 (610) 328-2887 PREM: 421 Fourth Street, New Cumberland, PA 17070 0 W ~ a~ a~ OU A O ,,,Q,,,.~~ UW ~~ o~ a/ '`~ U U~M N a; 0 °z O w W ~w ~w C/1 ~' d°o ~W z ~~ ~C1 C~7 ~ ~~ w~ a~ ~~ v~ P4 x A x W ~ ~ a~ O aW ~~ C O ..~ u W~ ~ o O ~ .,~ °~' ~ o w ~° o .~ v a >.. N ~r ~- /_~i~- 4 aC ~ 13 v Q. .J j c1.. ~ - ~ ~ '`~( X ~~,~ ~ :-:~ O ~ Y, v CL o o N U Q.. ~~. 00 ~ ~ ~ N M ~ N N O N M r, c~ ~ ds ~, N ~ ~ c ~ ~ -° Q ` o H +~ ~ ti E-' rr o v .~ a O o ~ U ~ ~HN~Io ~~...,dE-~ a * ~~ o~~~ oQ'~~O°°O ~'' N O W ~, ~ ~" N U p U M ~ ~ O o ~ ~ ~Q~~i :° A~ ~~ o. ClS ~ r `~ ~~~~ . Martha F. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 #25547CAM - DN Attorney for Plaintiff WELLS FARGO BANK, N.A. AS TRUSTEE : COURT OF COMMON PLEAS FOR THE MLMI TRUST SERIES 2005- CUMBERLAND COUNTY FFH1 Plaintiff VS. NO: 09-8243 KELLY L. GETHOUAS AND CHARLES V. GETHOUAS Defendant(s) AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 n t-- N o ~-~ - ~~ Q ~, ~: r~-; c_ ~ n, ° -, :~. r;i~ m ' -- w ~ ~,° 'a -,~ -~ ° ~' - ~_ . :a .. ~ rv ate MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 421 Fourth Street, New Cumberland, PA 17070: 1. Name and address of owners(s) or reputed owner(s) Kelly L. Gethouas 421 Fourth Street New Cumberland, PA 17070 Charles V. Gethouas 421 Fourth Street New Cumberland, PA 17070 2. Name and address of defendant(s) in the judgment: Kelly L. Gethouas 421 Fourth Street New Cumberland, PA 17070 Charles V. Gethouas 421 Fourth Street New Cumberland, PA 17070 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: Citifinancial, Inc. 3401 Hartzdale Drive, Suite 126 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Dept of Revenue Inheritance Tax Bureau Strawberry Square, 11th Floor Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Department of Revenue Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Occupant 421 Fourth Street New Cumberland, PA 17070 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 made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification t oritiesy--~' Martha E. Von Rosenstiel Attorney for Plaintiff Dated: January 11, 2010 #25547-CWE-DN Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 Phone: 610-328-2887 Attorney I.D. #52634 WELLS FARGO BANK, N.A. AS TRUSTEE : COURT OF COMMON PLEAS ~~ N_ a FOR THE MLMI TRUST SERIES 2005- CUMBERLAND COUNTY ~' ~' - `- ~ FFH 1 ~ ~ ~ {- ~ ~ T Plaintiff G ' w j . ,~. ~. ;, < < -Z7 ~"' ~ U , ~? ~-' vs. No: 09-8243 "r ~ ~ ~ ,-, KELLY L. GETHOUAS AND CHARLES V. ~ •• GETHOUAS ~ w ~ Defendant(s) CERTIFICATE TO THE SHERIFF I hereby certify that I am the attorney of record for the plaintiff in this action again real property and further certify that this property is: 0 FHA -Tenant Occupied or Vacant Commercial 0 As a result of a Complaint in Assumpsit XX That the plaintiff has complied in all respects with Section 403 of the Mortgage Assistance Act including, but not limited to: (a) Service of the Notice on the Defendants (b) Expiration of the 30 days since Service of the Notice (c) Defendants' failure to request or appear at meeting with mortgagee or Consumer Credit Counseling Agency (d) Defendants' Failure to file application with the Homeowners Emergency Assistance Program I further agree to indemnify and hold harmless the Sheriff for any false statement given herein. Martha E. Von Rosenstiel Attorney for Plaintiff Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 6 P.O. Box 822 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff Wells Fargo Bank, N.A. as Trustee for the MLMI Trust Series 2005-FFH1 14523 SW Millikan Way, Suite 200 Beaverton OR 97005 Plaintiff vs. Kelly L. Gethouas and Charles V. Gethouas 421 Fourth Street New Cumberland, PA 17070 Defendants COURT OF COMMON PLEAS CUMBERLANDCOUNTY n a '~ K~ - v ~ -n ~ ~~; ,r "'` ~ fil~ --o No: 09-8243 ' `: w c ' z.,,... ~~ ; ~ ate, e ~ ~ -_:. _ rn ~ . t ... c.~ -t AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the last known addresses of the defendants are: 1. Name and address of owners(s) or reputed owner(s) and/or defendant(s) in the judgment: Kelly L. Gethouas 421 Fourth Street New Cumberland, PA 17070 Charles V. Gethouas 421 Fourth Street New Cumberland, PA 17070 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. Martha E. Von Rosenstiel ' Attorney for Plaintiff 25547CAM-DN Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE MLMI TRUST SERIES 2005-FFH1 Plaintiff vs. KELLY L. GETHOUAS AND CHARLES V. GETHOUAS Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 09-8243 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 421 Fourth Street New Cumberland, PA 17070 will be sold by the Sheriff of Cumberland County on Date of Sale: June 02, 2010 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 09-8243 in the Court of Common Pleas of Cumberland County by Wells Fargo Bank, N.A. as Trustee for the MLMI Trust Series 2005-FFHl, Plaintiff against Kelly L. Gethouas and Charles V. Gethouas, Defendant(s). Judgment was entered on January 11, 2010 in the amount of $110,649.60. The property was seized and taken in execution as the property of Kelly L. Gethouas and Charles V. Gethouas. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland of New Cumberland in the County of Cumberland and the Commonwealth of Pennsylvania, more particularly described as follows: being lot No. 11 in Block M, in the general plan of George W. Buttorff s addition to New Cumberland, as recorded in the Recorder's Office in and for Cumberland County in Book, N Volume 5, Page 500, said lot being bounded and described as follows: BEGINNING at a point on the North side of Fourth Street, fifty (50) feet more or less, from the Northeast corner of Fourth Street and Geary Avenue; thence in an Eastwardly direction along said Fourth Street, twenty-five (25) feet, more or less, to the dividing line between lots Nos. 11 and 10; thence in a Northwardly direction along said dividing line between lots Nos. 11 and 10, one hundred forty (140) feet, more or less, to First Avenue; thence in a Westwardly direction along said Piret Avenue, twenty-five (25) feet, more or less, to dividing line between Lots No. 11 and 12; thence in a Southwardly direction along said dividing line between lots Nos. 11 and 12, one hundred forty (140) feet, more or less, to Fourth Street, the place of beginning. HAVING THEREON erected premises known and numbered as 421 Fourth Street. Tax ID #25-25-0006-010 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 09-8243. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. R. Thomas Kline, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 #25547-DN Martha E. Von Rosenstiel, P.C. .Attorney for Plaintiff Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 WELLS FARGO BANK, N.A. AS TRUSTEE : COURT OF COMMON PLEAS FOR THE MLMI TRUST SERIES 2005- CUMBERLAND COUNTY FFH 1 Plaintiff VS. NO: 09-8243 KELLY L. GETHOUAS AND CHARLES V. GETHOUAS Defendant(s) LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland of New Cumberland in the County of Cumberland and the Commonwealth of Pennsylvania, more particularly described as follows: being lot No. 11 in Block M, in the general plan of George W. Buttorff s addition to New Cumberland, as recorded in the Recorder's Office in and for Cumberland County in Book, N Volume 5, Page 500, said lot being bounded and described as follows: BEGINNING at a point on the North side of Fourth Street, fifty (50) feet more or less, from the Northeast corner of Fourth Street and Geary Avenue; thence in an Estwardly direction along said Fourth Street, twenty- five (25) feet, more or less, to the dividing line between lots Nos. 11 and 10; thence in a Northwardly direction along said dividing line between lots Nos. 11 and 10, one hundred forty (140) feet, more or less, to First Avenue; thence in a Westwardly direction along said Piret Avenue, twenty-five (25) feet, more or less, to dividing line between Lots No. 11 and 12; thence in a Southwardly direction along said dividing line between lots Nos. 11 and 12, one hundred forty (140) feet, more or less, to Fourth Street, the place of beginning. HAVING THEREON erected premises known and numbered as 421 Fourth Street. IMPROVEMENTS: Residential dwelling Tax Parcel # 25-25-0006-010 TITLE TO SAID PREMISES is vested in Charles V. Gethouas and Kelly L. Gethouas, husband and wife by Deed from Mark T. Kaseman and Allison L. Kaseman, husband and wife dated 11/12/1993 and recorded 11/16/1993 in Record Book Q 36 Page 433. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8243 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N A as Trustee for THE MLMI TRUST SERIES 2005-FFHl, Plaintiff (s) From KELLY L. GETHOUAS and CHARLES V. GETHOUAS (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 $110,649.60 L.L. $.50 Interest from 1/12/10 to 6/2/10 at 6% -- $2,582.98 Atty's Comm % Due Prothy $2.00 Atty Paid $178.30 Other Costs Plaintiff Paid •. Date: l/13Y>EO ~, David D. Buell, Proth notary ,(Seai} - By: REQiJ~S'?';Nf; PARTY: Name;: ;vIARTHA E. VON ROSENSTIEL, ESQUIRE Address: 649 SOUTH AVENUE, UNIT #6 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 Deputy ~~ #25547CAM - DN Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 . 610-328-2887 Attorney LD.# 52634 WELLS FARGO BANK, N.A. AS TRUSTEE : COURT OF COMMON PLEAS FOR THE MLMI TRUST SERIES 2005- CUMBERLAND COUNTY FFH1 Plaintiff i VS. NO: 09-8243 .~.~ ~. KELLY L. GETHOUAS AND CHARLES V. GETHOUAS Defendant(s) AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 MARTHA E. VON ROSEN~S,TpI,EL1, ESQUIRE, attorney for the Plaintiff in the above action, hereby verifies that on ~ LO (~ ,true and correct copies of the Notice of Sheriff s Sale were served upon recorded lienholders and any known interested parties by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. 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 falsificati ri ies. Martha E. 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N O O wo O .. _-' FILEL?-{11`~C~ (~ ~'{~ ~Q7~~~~Y Martha E. Von Rosenstiel, P.C. ZO~~ ~~~ -4 pM ~~ Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 CU~~+SL t-~i.sj'~, ~u ~-%~U~'~ Secane, PA 19018 ~E~fiI~SYt.V~~JI~ 610-328-2887 Attorney I.D.# 52634 #25547CAM - DN Attorney for Plaintiff ~c WELLS FARGO BANK, N.A. AS TRUSTEE : COURT OF COMMON PLEAS FOR THE MLMI TRUST SERIES 2005- CUMBERLAND COUNTY FFH 1 Plaintiff VS. NO: 09-8243 KELLY L. GETHOUAS AND CHARLES V. GETHOUAS Defendant(s) AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 MARTHA E. VON ROSEN~S,TpI,EL, ESQUIRE, attorney for the Plaintiff in the above action, hereby verifies that on ~ !~0 j ~ ,true and correct copies of the Notice of Sheriff s Sale were served upon recorded lienholders and any known interested parties by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. 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 falsificati n ies. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: January 11, 2010 SCANNED JAN 2 8 20)0 For Accountable Mail r -i y ~ ~ CO QD 'J d1 (.J1 A W N -• ~ ~ y D ~ ~ pa. ~ phi -w ~ N a ~ ~ ~ ~ 3 # ~ ~ H ~ ', ~ m , .a ° 3 ~ cD ~ m m ~ ~ ~ ~ cn~D3 ' ' - ' ' ~~~ w ~vz-i m~co C~~C~ w T~oo~ w cD Z~0 m~ 2~~ w m UDC7o U = w ~cD n (~-' w w =V~~ v w D ~C-IC)D ~ w~-~ C~ C~ C~ w o c n- C~ c w i c w $~ o~ 3 d .. ~ o=•; = Om o g ~ ~ O-o ~ O~ ~ n o ~ , ~~ ~ w m w Ocnx Oo _~ c 3 n =.0 3 Z w ~ ~ ° ~ -i ~~N =~ ~WC ~ np'O w ~W~ ° ~WCn~O ° • y CK ~ N~'•v ~~ c SW~~D7 ~ ~ o m <y N ~ ~ `~ ~ ~=Q' ~ sue ~ ~~•.~T ~~ D ~ ~, =w ° - ~ ~ c o v ' N ~ ~ c c. ~ ? a~i c ~ ~ N j ~ -o c ~ N N O ~ ~ ~ C ~ m ~ ~ N ~ , O N w Off.. +n , ~ O 7 . ~ C 7 cu O ~ ~ D .•- rn tea- ao5 m rn.. ~~C~ Dy c - ~ ~ N~~ w m D c a Dy a ~ s~ rc o Dw --•fD n voa~ Do< ~ =~~ ~ rn ~ ~vo Dv''" ~w~o ~ DWw_~ ~ ~m ~ .iCn~ ~~ -gym Dc x ~ v3 ~° ~ ~ D~ n v ~ a. ~ o m ~w •v (no a Oo- ~ cow w p °~ ~ Z N ~IQ O ~ W fl-O V C Q:+7 ~ C V -' p0~•p V ~ ~C ~ .,w Wp V lD ••'' O O O C N O~ C M C N O 00 ~ ~ ~. ~ -~ .. Q ~. (/) C N O W N W G 7 f D w _-__~m to ~ w < D ~' Z` 00 0 ° < m ° O0 ~ c ~ ~ a, `< m o w m a .~ ' ~ m •v - • o =„ m c ~ m ~ c~ m ~ ~ ~ ym o ~ o m ~ °o ° ~~ _ ' °' m ~+<° -I m ~ ~ ~ w N 3 ~ r ~ ~' o ~ m . n o ~ ^ ^ ^ ^ ~ o m p m 3 • ca ~ c n ~ O c cfl ~ w co .ti m m a ~ K m a m ^ ^ Q N X .~.• O ^ T ~ ~; o ~ ~ m 33 X m ~ ~ cam" \ O~ v Q 0 N N • ~ ~ fl. ~ d ~N T nd ~ D ~ w -i' '~ d ^ ~ ~ ~~~o V ~~ N^^~a K .~ N -h ~ ~ ? ~ (~ 3•~ m °' C 0 ~ ~ '~ V 3'~' N• 7 ~~ y G ~°'m S N ~ ~p 3 c m ~ a N_ 7 c ~ c > > v O y v~^d ar °`~ ?pC D y . ~ o p ~ T ~..._7 ~'C ~, .y. ~ ~ ~ n ~ 7 Q ~ O n •~ 3 • y ° w a n ~ n. m v } m - - ~ ~ IIN j .. 'j• `O 3 ~ vy ~ ~ O aorv ~ ~ ~ ~• N O v m n ° ' _ ~ ~~ ~ ~~ YaQ^ - n 3 mfQ ~G ° la . v r. ~ a n Ep C N U p d n N ~ ~ ~~ d C OK ~ 3 0~= ~ On) ~' ° v -i N _m a~ m j ~ N. ~ CU ice) O U W U O Martha E. Von Rosenstiel, P.C.. Attorney for Plaintiff Martha E. Von Rosenstiel 649 South Avenue, Unit 7 Secane, PA 19018 (610}328-2887 Attorney I.D. # 52634 WELLS FARGO BANK, N.A. AS TRUSTEE : COURT OF COMMON PLEAS FOR THE MLMI TRUST SERIES 2005- CUMBERLAND COUNTY FFHI PLAINTIFF c :, ^-~ ~-_ ~ - -r ~ , ; VS. NO: 09-8243 -~ ~,:~°. ~ ~ . ~ ~' ~, KELLY L, GETHOUAS AND ~ -~ CHARLES V. GETHOUAS '~-~-~ ~ -~ DEFENDANTS - ~--=_ _ , _.~_- ... .. ~:.;~ ~ _ MOTION T4 POSTPONE SHERIFF'S SALE ~'~' Movant, by its counsel, Martha E. Von. Rosenstiel, Esquire, moves this Honorable Court for an Order for postponement of the sheriff's sale and in support thereof avers the following: 1. The Plaintiff filed its Complaint in Mortgage Foreclosure against Kelly L. Gethouas and Charles V. Gethouas on or about November. 30, 2009, for the Defendant's failure to make monthly mortgage payments due from August 1, 2009. 2. On or about January 13, 2010 judgment was entered against the Defendant's and in favor of the Plaintiff, Wells Fargo Bank, N.A. as Trustee for the MLMI Trust Series 2005- FI;H1. 3. On or about January 13, 2010, a writ of execution was issued Iisting the Subject Premises for the ;tune 2, 2010, Cumberland County Sheriff s Sale. 4. The sale was subsequently postponed at the request of the Plaintiff due to the Making Homes Affordable Program. 5. Loss mitigation options are sti.Il being revi.ewcd. and will not be concluded prior to the scheduled sale of August 4, 2()10. r 6. if the Plaintiff cannot postpone the Sheriff's Sale, the Plaintiff will incur substantial costs and delay and will be severely prejudice by having to stay its sale, obtain a new writ of execution and relist far sheriff's sale. 7. The Defendants will not be prejudice by a postponement of the sheriff's sale. rl'o the contrary, the postponement will directly benef t the Defendants as they will have an opportunity to retain ownership of their home. 8. This matter has not been previously assigned to a judge of this Honorable Court. 9. The undersigned certifies that in accordance with the Local :Rule of Court, Plaintiff s counsel is seeking the foregoing relief on an emergency basis, that said relief will not cause Defendants to suffer any prejudice, and that concurrence is being sought by service of the instant motion upon the pro se Defendants this date via overnight delivery, and therefore no response has been received as of the date of the filing of this motion. WHEREFORE, as Plaintiff respectfully requests this Honorable Court enter an Order that the Sheriff s Sale be postponed until September 8, 2010, thereafter from month to month without fiirther advertising and additional notice to the Defendants or lien holders. E. Von Rosenstiel v for Plaintiff For the purses of presentation Of the instant motion :Date: July 30, 2010 i VERIFICATION Martha E. Von ltosenstiel, Esquire, of full age, being duly sworn according to law deposes and says that she is the attorney for the Plaintiff in the foregoing action; that she is duly authorized to make this verification on behalf of the Plaintiff; that she is fully familiar with the facts in this matter; and that the statements made in the foregoing Motion to Postpo Sheriftys Sale are true and correct to the best of her knowledge, information and belief. Ma ha E. Von Rosenstiel At rney for Plaintiff Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel 649 South Avenue, Unit 7 Secane, PA 190I8 {610) 328-2887 Attorney X.D. # 52634 WELLS FARGO BANK, N.A. AS TRUSTEE : COURT OF COMMON PLEAS FOR THE MLMI TRUST SERIES 2005- CUMBERLAND COUNTY FFIi 1 PLAINTIFF VS: NO: 09-8243 KELLY L. GETHOUAS AND CHARLES V. GETHOUAS DEFENDANTS CERTIFICATE OF SERVICE Martha E. Von Rosenstiel, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Motion to Postpone Sheriff's Sale, brief in support thereof and proposed order in the above matter was made upon the following: Kelly L. Gethouas and Charles V. Gethouas 421 Fourth Street New Cumberland, PA 17070 Via UI?S overnight mail on July 3U, 2Ul U. This verifcation is made subject to the penalties of 18 Pa.C.S. §4904 relating to ur~,yvorn falsiticatian to authorities. ~ [artha E. Von. Rosenstiel ttorney for Plaintiff Dated: ,Tiny 30, 2010 (i JUL 3 0 T01U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WELLS FARGO BANK, N.A.. AS TRUSTEE : COURT OF COMMON PLEAS FOR TIME MLMI TRUST SERIES 2445- CUMBERLAND COUN'T'Y FFH1 ; t-; • c`: PLAINTIFF __ ~ ; , IYO: 09-8243 _ ~ := ~_. VS. ~` p ~ ,- -e ~ -` KELLY L. GETHOUAS AND ~ ... CHARLES V. GETHOUAS _`=t ^' t DEFENDANTS ~ w _11 ORDER `p AND NOW, this 2 day of Aug , 2414, upon consideration of Plaintiffs Motion to Postpone Sheriff's Sale and any response thereto (if any}, it is hereby: ORDERED and DECREED that the sheriff s sale is postponed until September 8, 2414, and thereafter from month to month, without further advertising or notice to Defendants or lien holders. ..~'Martha Von Rnsenstiel, P.C. 649 South Avenue, Unit 6 Secane, PA 19418 elly L. Gethouas and Charles V. Gethouas 421 Fourth. Street New Cumberland, PA 17071) Sheriff ~ ~~'~~~ ~ 4~ ~ Es ~~ ~~ ~ a/, o BY TI-IE COURT: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~$~~~ at ~up~br,~~~b •;i~: .~: _. QrF~CE OF rrr~ SNERlFF F}' ~-, , ,_ - aoto ~uc~ 9 YPwtta~.y,c - !'v 1 r . ~,,, , ',~~,,. t~ Wells Fargo Bank, NA vs. Case Number Kelly L. Gethouas (et al.) 2009-8243 SHERIFF'S RETURN OF SERVICE 04/06/2010 05:48 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1745 hours, he posted a tr'~ue copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upom the property of Kelly L. Gethouas and Charles V. Gethouas ,located at, 421 Fourth Street, New Cumberland, Cumberland County, Pennsylvania according to law. 05/21/2010 Property sale postponed to 7/7/2010. 06/30/2010 Property sale postponed to 8/4/2010. 08/02/2010 Property sale postponed to 9/8/2010. 08/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Von Rosensteil, on 8/5/10 SHERIFF COST: $1,195.90 SO ANSWERS, August 09, 2010 RON R ANDERSON, SHERIFF . ~ ~,~a. ~~ 7>5,~~ {c) CountySui[e SheritF. Teleosoft, Inc. 4 ~'~ Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, EsgAir~ 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 #25547CAM - DN Attorney for Plaintiff ~ ' ~ ~~ ~ ~ WELLS FARGO BANK, N.A. AS TRUSTEE : COURT OF COMMON PLEAS FOR THE MLMI TRUST SERIES 2005- CUMBERLAND COUNTY FFHl . Plaintiff VS. NO: 09-8243 KELLY L. GETHOUAS AND CHARLES V. GETHOUAS Defendant(s) AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed. the following information concerning the real property located at 421 Fourth Street, New Cumberland, PA 17070: 1. Name and address of owners(s) or reputed owner(s) Kelly L. Gethouas 421 Fourth Street New Cumberland, PA 17070 Chazles V. Gethouas 421 Fourth Street ' New Cumberland, PA 17070 2. Name and address of defendant(s) in the judgment: Kelly L. Gethouas 421 Fourth Street New Cumberland, PA 17070 Chazles V. Gethouas 421 Fourth Street New Cumberland, PA 17070 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the laist recorded holder of every mortgage of record: Citifinaricial, Inc. 3401 Hartzdale Drive, Suite 126 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Dept, of Revenue Inheritance Tax Bureau Strawberry Square, 1 lth Floor Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-120 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Department of Revenue Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Occupant 421 Fourth Street New Cumberland, PA 17070 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'aenmade subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification t oritie Martha E. Von Rosenstiel Attorney for Plaintiff Dated: January 11, 2010 ~' ii ,~ f~ ~ . ~` Martha E. ~on Rosensti~l, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE MLMI TRUST 25547CAM-DN Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY SERIES 2005-FFHI Plaintiff vs. No: 09-8243 KELLY L. GETHOUAS AND CHARLES V. GETHOUAS Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 421 Fourth Street New Cumberland, PA 17070 will be sold by the Sheriff of Cumberland County on Date of Sale: June 02, 2010 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 09-8243 in the Court of Common Pleas of Cumberland County by Wells Fargo Bank, N.A. as Trustee for the MLMI Trust Series 2005-FFH1, Plaintiff against Kelly L. Gethouas and Charles V. Gethouas, Defendant(s). Judgment was entered on January 11, 2010 in the amount of $110,649.60. The property way seized and taken in execution as the property of Kelly L. Gethouas and Charles V. Gethouas. The property to be sold at Sheriff s Sale is described as follows: ALL THAT CERTAIN tract or~~ parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland of New Cumberland in the County of Cumberland and the Commolnwealth of Pennsylvania, more particularly described as follows: being lot No. 11 in Bldck M, in the general plan of George W. Buttorff's addition to New Cumberland, as recorded in the Recorder's Office in and for Cumberland County in Book, N Volume ~5, Page 500, said lot being bounded and described as follows: BEGINNING at a point on the North side of Fourth Street, fifty (50) feet more or less, from the Northeast corner of Fourth Street and Geary Avenue; thence in an Estwardly direction along said Fourth Street, twenty-five (25) feet, more or less, to the dividing line between lots Nos. 11 and 10; thence in a Northwardly direction along :said dividing line between lots Nos. 11 and 10, one hundred forty (140) feet, more or less, to First Avenue; thence in a Westwardly direction along said Piret Avenue, twenty-five (25) feet, more or less, to dividing line between Lots No. 11 and 12; thence in a Southwardly direction along said dividing line between lots Nos. 11 and 12, one hundred forty (140) feet, more or less, to Fourth Street, the place of beginning. HAVING THEREON erected premises known and numbered as 421 Fourth Street. Tax ID #25-25-0006-010 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 09-8243. You should check with the Sheriff s Office by calling (717) 240;6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. R. Thomas Kline, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire Attorney for- Plaintiff 649 South Avenue, Unit #6 Secane, PA 1901.8 Phone: (610) 328-2887 Fax: (610) 328-2875 #25547-DN Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 WELLS FARGO BANK, N.A. AS ~'RUSTEE : COURT OF COMMON PLEAS FOR THE MLMI TRUST SERIES 2005- CUMBERLAND COUNTY FFH1 . Plaintiff VS. NO: 09-8243 KELLY L. GETHOUAS AND CHARLES V. GETHOUAS Defendant(s) ~,EGAL DESCRIPTION ALL THAT CERTAIN tract or pazcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland of New Cumberland in the County of Cumberland and the Commonwealth of Pennsylvania, more pazticulazly described as follows: being lot No. 11 in Block M, in the general plan of George W. Buttorff's addition to New Cumberland, as recorded in the Recorder's Office in and for Cumberland County in Book, N Volume 5, Page 500, said lot being bounded and described as follows: BEGINNING at a point on the Nortl~j side of Fourth Street, fifty (50) feet more or less, from the Northeast corner of Fourth Street and Geary Avenue; thence in an Eastwazdly direction along said Fourth Street, twenty- five (25) feet, more or less, to the dividing. line between lots Nos. 11 and 10; thence in a Northwazdly direction along said dividing line between lots Nos. 11 and 10, one hundred forty (140) feet, more or less, to First Avenue; thence in a Westwazdly direction along said Piret Avenue, twenty-five (25) feet, more or less, to dividing line between Lots No. 11 ar~d 12; thence in a Southwazdly direction along said dividing line between lots Nos. 11 and 12, one hundred forty (140) feet, more or less, to Fourth Street, the place of beginning. HAVING THEREON erected premises known and numbered as 421 Fourth Street. IMPROVEMENTS: Residential dwelling Tax Pazcel # 25-25-0006-010 TITLE TO SAID PREMISES is vested in Chazles V. Gethouas and Kelly L. Gethouas, husband and wife by Deed from Mazk T. Kaseman and Alison L. Kaseman, husband and wife dated 11/12/1993 and recorded 11/16/1993 in Record Book Q 36 Pa~e 433. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUM$1;RLAND) NO 09-8243 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N A as Trustee for THE MLMI TRUST SERIES 2005-FFHl, Plaintiff (s) From KELLY L. GETHOUAS and CHARLES V. GETHOUAS (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 $110,649.60 L.L. $.50 Interest from 1/12/10 to 6/2/10 at 6% -- $2,582.98 Atty's Comm % Due Prothy $2.00 Atty Paid $178.30 Other Costs Plaintiff Paid Date: 1/13/10 David D. Buell, Proth otary (Seal) By: REQUESTING PARTY: Name: MARTHA E. VON ROSENSTIEL, ESQUIRE Address: 649 SOUTH AVENUE, UNIT #6 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610.328-2887 Supreme Court ID No. 52634 Deputy On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered, 421 Fourth Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: d Real Estate oordinator ~~ ;Z d h 1 Ntlt' 0102 ~~3i~3tis ~ti~~~~e~ ~~~ ~~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, Apri123, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyn ,Editor SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commi`sion Expires Apr 28.2014 wnt xo. Zo09-ss43 ctu We11s Fargo Bank, NA as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 vs. Kelly L. Gethouas Charles V. Gethouas Atty: Martha E. Von Rosenstiel ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland of New Cumberland in the County of Cumberland and the Commonwealth of Pennsylvania, more particularly described as fol- lows: being lot No. 11 in Block M, in the general plan of George W. But- torff saddition to New Cumberland, as recorded in the Recorder's Office in and for Cumberland County in Book, N Volume 5, Page 500, said lot being bounded and described as follows: BEGINNING at a point on the North side of Fourth Street, fifty (SO) feet more or less, from the Northeast corner of Fourth Street and Geary Avenue; thence in an Eastwardly direction along said Fourth Street, twenty-five (25) feet, more or less, to the dividing line between lots Nos. 11 and 10; thence in a Northwardly direction along said dividing line be- tween lots Nos. 11 and 10, one hun- dred forty {140) feet, more or less, to First Avenue; thence in a Westwardly direction along said Piret Avenue, twenty-five (25) feet, more or less, to dividing line between Lota No. 11 and 12; thence in a Southwardly direction along said dividing line between lots Nos. 11 and 12, one hundred forty (140) feet, more or less, to Fourth Street, the place of beginning. HAVING THEREON erected prem- ises known and numbered as 421 Fourth Street. IMPROVEMENTS: Residential dwelling. Tax Parcel # 25-25-0006-010. TITLE TO SAID PREMISES is vested in Charles V. Gethouas and Kelly L. Gethouas, husband and wife by Deed from Mark T. Kaseman and Allison L. Kaseman, husband and wife dated 11 / 12 / 1493 and recorded 11/16/1993 in Record Book Q 36 Page 433. ,1 ~ ., _ .''t -. ~. ' ~;. -The Patriot-News Co. 2020 Technology Pkwy Suite 3b0 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 the ~lahiot News Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and afl have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 1 This ad ran on the date(s) shown below: Sworn to and~~i~scribed before me this 18 d Hof May, 2010 A.D. ,~ .. ~..~ ~ `~_ Notary Public COMMONWEgLT~-i (yF PENNSYLVANIA Notarial Seal Sherrie L Ktsner, Notary Pubtk Lower Paxton Twp., Uauphln County My Commission Expires Nov. 26, 2011 Member, PennsYNanla Association of Notaries 04/16/10 04/23/10 04/30/10 Mlrft No. 2009-8243 Civil Term Wells Fargo Bally NA hae Trustee for ABFC 2006-OPTS Trust, AFC Asset-Backed CertHicates, ' Series .2006-OPTS vs. Kelly L. Gethouas Charles V. Gethouas Arty: Martha E. Von Rosenstiel ALLTHAT CERTAIN pact or parcel of land and premises, situate, lying and being.in the Borough of New Cumberland is the County of Cumberland of New Cumberland in the Coumy of Cumberland and the Commonwealth of Pennsylvania, more particularly described'as follows: being lot No. 11 in Block M, in the general plan of George W.'Buttorff's addition to New Cumberland, as recorded in the Recorder's Office in and for Cumberland County in Book, N Volume 5; Page 500, said lot being Iwunded and described as follows: BEGINNING at a point on the North side of Fourth Street, fifty (SO) feet mote or kss, from the Northeast comer of Fourth Street and Geary Avenue; thence in an Estwardly direction along said Fourth Street, twenty-five (2S) feet, more or less, to the dividing line between lots Nos. l l and 10; thence in a Notthwardly direction along said dividing. line between lots Nos. 11 and 10, oan hundred forty (140) feet, more or less, to First Avenue; thence in a Westwardly direction along said Piret Avenue, twenty-five (2S) feet, mote or less, to dividing line between Lots No. 11 and 12; thence in a Southwardly direction along said dividing line between lots Nos. 11 and 12, one hundr~ forty (14U) feet, more or less, to Fourth Street, the place of beginning. HAVING THEREON erected premises- known and numbered as 421 Fourth Street.. IMPROVEMENTS: Residential dwelling Tax Parcel # 2S-2S-0006-010 TffLE TO SAID PREMISES is vested in Charles V. Gethouas and Kelly L. Geihouas, husband and wife by Deed from Mark T. Kasemaa and Allison L. Kaseinan, husband and fife dated 11/11/1993 and recorded 11/16/1993 m Reca+d Book Q 36 Page 433. 25547- CPG -RD Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610 328-2887 Attorney I.D. # 52634 WELLS FARGO BANK, N.A. AS TRUSTEE : FOR THE MLMI TRUST SERIES 2005- FFH1 Plaintiff vs. KELLY L. GETHOUAS AND CHARLES V. GETHOUAS Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 09-8243 XF ? = r? ?? P P PRAECIPE TO VACATE JUDGMENT AND MARK CASE DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly withdraw the judgment in the above-referenced action and mark this action discontinued and ended without prejudice. Martha E. Von Rosen Attorney for Plaintiff Dated: August 24, 2010