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Home My WebLink About10-0333s *GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF IN THE COURT OF BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. STEPHEN F. GODDIN Mortgagor and Record Owner 128 West Portland Street-Apartment 4 Mechanicsburg, PA 17055 Defendant flLED"'1rrirE OF HC ;rC,;r?pr?pzAAY 2010 JAN 12 0,4 3: 10 OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 10- 333 0:ml -rem CIVIL ACf 1: MORTGAGE PO"CLOSURF NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 4910o PO ATN CUMBERLAND COUNTY BAR ASSOCIATION ' 5(30(00 2 Liberty AvenueF o23?189 Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.g_ov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.Dhfa.org/consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: httn://www.l)hiladelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(c goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 92628FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, 7105 Corporate Drive, PTX C-35 Plano, TX 75024. 2. The names and addresses of the Defendant is STEPHEN F. GODDIN, 128 West Portland Street Apartment 4, Mechanicsburg, PA 17055, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On April 20, 2009 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR FIRST NATIONAL BANK OF CHESTER COUNTY THRU AM HOME BANK DIVISION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Instrument # 200912623. The mortgage has been assigned to: BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property„). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for August 01, 2009 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$102,871.79 Interest from 07/01/2009 through 12/30/2009 at 5.5000% .......................$2,836.50 Per Diem interest rate at $15.50 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$5,143.59 Late Charges from 08/01/2009 to 12/30/2009 .............................................$149.30 Monthly late charge amount at $29.86 Costs of suit and Title Search ...................................................................... $900.00 Monthly Escrow amount $161.22 $111,901.18 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose has been sent to Defendant by certified mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983 or Act 160 of 1998. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $111,901.18, together with interest at the rate of $15.50, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: -- C? - GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 ATTORNEYS FOR PLAINTIFF VERIFICATION Michael T. McKeever, Esquire, hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the Verification could not be obtained within the time allowed for the filing of the pleading that he is authorized to make this verification pursuant to Pa.R.C.P 1024(c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon the information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: / / O -? avid ?Fein? , E squire PA I.D. #82628 #92628FC STEPHEN F. GODDIN 128 West Portland Street-Apartment 4 Mechanicsburg, PA 17055 Prepared By and Return To: Referral Department GOLDBECK McCAFFERTY & McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-825-6344 GMM File Number: 92628FC Parcel ID#: 19-22-0519-057-U1284 ASSIGNMENT OF MORTGAGE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR FIRST NATIONAL BANK OF CHESTER COUNTY THRU AM HOME BANK DIVISION (Assignor), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP. BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (Assignee), all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed STEPHEN F. GODDIN , Mortgagor(s); to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR FIRST NATIONAL BANK OF CHESTER COUNTY THRU AM HOME BANK DIVISION. Bearing date of. April 20,2009; Amount Secured: $103,098.00; Recorded on April 21, 2009; in Instrument # 200912623; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 128-4 West Portland Street, Mechanicsburg, PA 17055 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee, ("Note") and all moneys due and to become din on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, by its appropriate attorney in fact, has executed and sealed with its corporate seal this Assignment of Mortgage on this 6 day of Janoa 291_Q. MORTGAGE ELECTRONIC COMMONWEALTH OF PENNSYLVANIA : COUNTY OF PHILADELPHIA SS REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR FIRST NATIONAL BANK OF CHESTER COUNTY By: Ga . Mc ZLEq uire f G oldbeck Mct',afferas A yin Fact for Mortgage Electronic s ion Systems, Inc. organized and existing under the laws of the United States of America by the Agreement for Signing Authority dated November 2, 2009 On this 6 day of .iam y, 2010, before me, a Notary Public in and for the County and State aforesaid, the undersigned officer, personally appeared Gary E. McCafferty of Goldbeck McCafferty & McKeever, known to me or satisfactorily proven to be the Attorney in Fact on behalf of Mortgage Electronic Registration Systems, Inc. organized and existing under the laws of the United States of America noted above and acknowledged that, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of Mortgage Electronic Registration Systems, Inc. organized and existing under the laws of the United States of America as an Attorney in Fact for Mortgage Electronic Registration Systems, Inc. organized and existing under the laws of the United States of America IN WITNESS WHEREOF, I have hereunto set my hand and official seal. blic My commission expires: I hereby certify the address of the Assignee is: 7105 Corporate Drive, PTX C-35, Plaeo,TX 75024 Case #: 92628FC COMMONWEALTH OF PO M MVAMIA NOTARIAL SEAL MARTIN S BAIR, Notary Pubk CRy n! Phaade+phia, Phila. County My'.'Cmmiq'w% Expires March 3, 2013 COMMONWEALTH OF PIPAMYLVAW NOTARIAL SEAL MARTIN S. BAIR, Notary Punic City of PhAndelphis, phis. County 01 Commission EVW Match 3, 2013 EXhibitA First American Title Insurance Company Commitment Number: 09106 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL that certain Unit in the property known, named and identified in the Declaration referred to below as "Portland Court Condominiums", located in Mechanicsburg Borough, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, B8 Pa. C.S.A. 3101 by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated January 9, 1989, and recorded on May 10, 1989, in Miscellaneous Book 363, Page 1047, and also the amendments dated July 28, 1989, and recorded in Miscellaneous Book 367, Page 338, and dated August 11, 1989, and recorded in Miscellaneous Book 367, Page 835, as the same shall be amended from time to time, being and designated in such Declaration, as the same is amended from time to time, as Unit No. 126-16, being and designated in such Declaration, as the same may be amended from time to time, together with a proportionate undivided interest in the Common Elements (as defined in said Declaration) of 2.77%. HAVING a mailing address of 128-4 West Portland Street, Mechanicsburg, Pennsylvania, Cumberland County, Pennsylvania. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way and easements as set forth on Plats and Plans - Site Plan, recorded in Plan Book 56, Page 120. BEING the same premises which Rose Marie James, Executrix of the Estate of John J. Zindren, by deed dated September 24, 1998 and recorded September 28, 1998 in the Office of the Recorder of Deeds in and for Cumberland County in Book 185 Page 1127, granted and conveyed unto Deborah M. Kem, now known as Deborah M. Lenderman, the Grantor herein. The said James C. Lenderman joins in this conveyance to transfer any right, title, or interest he may have in said property by virtue of his marriage to Deborah M. Kem. ALTA Comm#meat Schedule C (091 06/091 06/1 1) E..,xhibit (B Bank ofamedca Nome Loans P.O. Box 650070 Dallas, TX 75265-0070 Stephen F Goddin 128 W PORTLAND ST APT 4 MECHANICSBURG, PA 17055-7415 Send Payments to P.O. Box 650070 Dallas, TX 75265-0070 October 5, 2009 Certified Mail 7113 8257 1473 6597 0723 Return Receipt Reauested Account No.: 197725792 Property Address: 128-4 West Portland Street Mechanicsburg, PA FHA/VA Case #: 4418918769734 NOTICE OF INTENTION TO FORECLOSE BAC Home Loans Servicing, LP (hereinafter "BAC Home Loans Servicing, LP') services the home loan described above on behalf of the holder of the promissory note (the 'Noteholder"), The home loan is in serious default because the required payments have not been made. The total amount now required to reinstate the loan as of the date of this letter is as follows: Monthly Charces- 08/01/2009 $2,239.80 Late Chwrces. 0 8101 /2 0 0 9 $59.72 Other Charoes: Uncollected Late Charges: $0.00 Uncollected Costs: $15.00 Partial Payment Balance: ($23.54) TOTAL DUE: :2,290.98 You may cure this default within THIRTY-FIVE (35) DAYS of the date of this letter. To cure the default, BAC Home Loans Servicing, LP must receive the amount of $2,290.98, plus any additional monthly payments, late charges, fees and other applicable charges which may fall due during this period. Such payment must be in the form of certified check, cashier's check or money order, and made payable to BAC Home Loans Servicing, LP at P.O. Box 650070, Dallas, TX 75265-0070. If any check (or other payment) is returned to us for insufficient funds or for any other reason, 'good funds" will not have been received and the default will not have been cured. No extension of time to cure will be granted due to a returned payment. If this default is not cured within THIRTY-FIVE (35) DAYS, the mortgage payments will be accelerated. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to have the original mortgage paid off in monthly installments. If the full payment of the amount of default is not made within THIRTY-FIVE (35) DAYS, we also intend to immediately start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt If the default is cured before we begin legal proceedings against the collateral involved, BAC Home Loans Servicing, LP and the Noteholder will be entitled to collect the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started the reasonable attorney's fees will have to be paid even if they are over $50.00. Any attorney's fees will be added to whatever is owed to us, which may also include our reasonable costs. N this default is cured within the Thirty-five (35) day period, the attorney's fees will not be required to be paid. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If the default has not been cured within the Thirty4ive (35) 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 foreclosure sale. To do so, the total due, as well as all reasonable attomey's fees and costs incurred in connection with the foreclosure sale (and any other requirements under the mortgage) must be performed. Your ban is in default Pursuant to your loan documents, BAC Home Loans Servicing, LP may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (j) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described inspections and property BAC Horne Loans Servicing, LP is a st"dary of Back d America, NA Mass write your acoustt number on ant d"s and correspondenoe. We may drarge you a fee for any Ferment returned or rejected by yourinar,64 instruion, K4ed to applicable law. eLQPaz 1:338170793 i7B0312p08 Pay" katrudbW Aaorxnt Nttmber..197726792-0 • A7atre your one& payable to BAC Stephen F Goddn Balance Due for charges listed *M: $2,290.98 as of October 5, 2009. Home Loam Servicing, LP 12" West Portland Street • om'tsendeah Mechanicsburg, PA PllNee uptlate email efarmation m the raveua cite of this piper. • Please indxle coupon vdh your payment .Vdaivtar BLQPA2 -qW Fxall full mMh payment periods, interest is dculaied on a monthly basis Aocordegly, interest for all ful mom ts, irdukg February. is douiated as 30M of annual interest, imperlve of he -dual nmber of days in he meth For pedal mprdw, inerest is Galculaled daily on the basis of a 3K day year. iteAirureBAC Home Loans Servicing, LP PO BOX 650070 Dallas, TX 75266.0070 III TIAW 197725792000000229098000229098 Ih„IrIrL,JJdI„rLhILr,IIrrrlr,rlllrrr6rrllLrrrrr r:5g6990058r: 19 77 2579 21r Preservation efforts wiH be charged to your account as provided in your security instrument. It is estimated that the earliest date that such a foreclosure sale could be held would be approximately six (6) months from the date of this letter. A notice of the date of the foreclosure sale will be sent to you before the sale. You may find out at any time exactly what the required payment will be by calling us at the following number. 1-800-669-4578. This payment must be in the form of cashier's check, certified check or money order and made payable to us at the address stated above. If this default is cured, the mortgage will be restored to the same position as if no default had occurred. However, the default may not be cured more than three (3) times in any calendar year. You should realize that a foreclosure sale will end your ownership of the mortgaged property and your right to remain in it if you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. BAC Home Loans Servicing, LP wants you to be aware of various options that may be available to you through SAC Home Loans Servicing, LP to prevent a foreclosure sale of your property. For example: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance through SAC Home Loans Servicing, LP. Our basic plan requires that SAC Home Loans Servicing, LP receive, up front, at least % of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. • Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure aftemative, however, is limited to certain loan types. • Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through SAC Home Loans Servicing, LP even if your home is worth less than what is owed on it. • Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with SAC Home Loans Servicing, LP, you must contact us immediately. If you request assistance, SAC Home Loans Servicing, LP will need to evaluate whether that assistance will be extended to you. In the meantime, SAC Home Loans Servicing, LP will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by November 9, 2009 as outlined above will result in the acceleration of your debt Time is of the essence. Should you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-800-6694578. BAC Horne Loans Servicing, LP is a subsidiary of Bank of America, NA. Accent Number:19i72M E-mail use: PF%**g your ead address, beau wit Blow, us b send you inkmu6m an your accom. Stephen F Goddin E-mail addmss: Her wa Pent yorx PWMhk Al accepted Payments d prindpel and interest will be 4Vkd b the b%- -N-ding iMbiaeht de, unless atlMneise eWmely Proh6ltad or Imled by law. I YOU sublet an amount in adMon b your sdbdreed raw* amount, we WE " your PrPi ete as fa9owe: (q to outatari tg ace ij ly P•Ymernb of Principal and interest, (a) secim ciddenoes, 01) late d+sgea and oler armours You oa wn.J n wtlnircyouRnaIban and (N) b raduawetlen s,ca 9 Pr balers of your loan. Please spe* If you want an addlonal amourl almlted b hnae Payments, ether than pmdpai reducbm. r9ea?a rneaat Pakd chm wit be prooea9ed m the data waiteteved uYeciesa a ken counselor agrees b how le date written an the checkas acf lcttionOrarepayment Nan. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FIL ED-ot:FIOE Sheriff 7"' '-)TJody S Smith ??? { 9 ?? Chief Deputy - Edward L Schorpp Solicitor BAC Home Loans Servicing, LP vs. Stephen F. Goddin Case Number 2010-333 SHERIFF'S RETURN OF SERVICE 01/14/2010 03:06 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 14, 2010 at 1506 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Stephen F. Goddin, by making known unto himself personally, at 128 West Portland Street, Apt. 4, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 January 15, 2010 SO ANSWERS O NY R ANDERSON, SHERIFF Byj Deputy SheriV In the Court of Common Pleas of Cumberland County BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. STEPHEN F. GODDIN (Mortgagor(s) and Record Owner(s)) 128 West Portland Street-Apartment 4 Mechanicsburg, PA 17055 No. 10-333 Defendant(s) PRAECIPE FOR JUDGMENT Enter the Judgment in favor of Plaintiff and against STEPHEN F. GODDIN by default for want of an Answer. Assess damages as follows: Debt Interest from 02/17/2010 to Date of Sale per diem at $15.50 Total (Assessment of Damages attached) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. $113,027.33 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 By: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. 1D 82628 Thomas Puleo Pa. ID 27615 Attonrcys for Plaintiff AND NOW 6 Judgment is entered in favor of BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP and agai t STEPHEN F. GODDIN by default for want of an Answer and damages assessed in the sum of $ .027.33 a ,per above certification. - - --------------- Prothonotary cr. ?r r_ L3j U t t!_. N CV co LU I O c-a N r 0 ,11A4. 0 C, ?CL&4 Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. STEPHEN F. GODDIN (Mortgagors and Record Owner(s)) 128 West Portland Street-Apartment 4 Mechanicsburg, PA 17055 No. 10-333 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Prothonot By: If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, STEPHEN F. GODDIN, is about unknown years of age, that Defendant's last known residence is 128 West Portland Street Apartment 4 Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: TINAMARIE BOSCHETTI VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, STEPHEN F. GODDIN, is about unknown years of age, that Defendant's last known residence is 128 West Portland Street Apartment 4 Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Dater TTINAMARIE BOSCHETTI t 92628FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: February 4, 2010 TO: STEPHEN F. GODDIN GODDIN, STEPHEN F. 128-4 West Portland Street Mechanicsburg, PA 17055 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. STEPHEN F. GODDIN (Mortgagor(s) and Record Owner(s)) 128 West Portland Street-Apartment 4 Mechanicsburg, PA 17055 TO: STEPHEN F. GODDIN 128-4 West Portland Street Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 10-333 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A. LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 7 1 7-24 3 0400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 92628FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: February 4, 2010 TO STEPHEN F. GODDIN GODDIN, STEPHEN F. 128 West Portland Street Apartment 4 Mechanicsburg, PA 17055 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. STEPHEN F. GODDIN (Mortgagor(s) and Record Owner(s)) 128 West Portland Street-Apartment 4 Mechanicsburg, PA 17055 TO: STEPHEN F. GODDIN 128 West Portland Street Apartment 4 Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 10-333 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esc]. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. STEPHEN F. GODDIN (Mortgagor(s) and Record owner(s)) 128 West Portland Street-Apartment 4 Mechanicsburg, PA 17055 Defendant(s) ORDER FOR JUDGMENT IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 10-333 Please enter Judgment in favor of BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, and against STEPHEN F. GODDIN for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $113,027.33. By: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 and that the name(s) and last known address(es) of the Defendant(s) is/are STEPHEN F. GODDIN, 128 West Portland Street Apartment 4 Mechanicsburg, PA 17055; By: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $102,871.79 Interest from 07/01/2009 through $3,580.50 02/16/2010 Reasonable Attorney's Fee $5,143.59 Late Charges $209.01 Costs of Suit and Title Search $900.00 Escrow Payments Due 2 X $161.22 $322.44 $113.027.33 By: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff AND NOW, this of? . , 2010 damages are assessed as above. c? Pro Prothy GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Michael T. McKeever Attorney I.D. 956129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 VS. STEPHEN F. GODDIN Mortgagor(s) and Record Owner(s) 128 West Portland Street-Apartment 4 Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 10-333 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: n 1 XI C Kindly substitute the attached Verification to Plaintiff's Complaint filed on January 12, 2010 in the above captioned matter. GOLDBECK McCAFFERTY & McKEEVER BY: Vo ho F ftwz Michael T. McKeever Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 ?1 5-R? 5-6303 ATTORNEY FOR PLAINTIFF BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. STEPHEN F. GODDIN Mortgagor(s) and Record Owner(s) 128 West Portland Street-Apartment 4 Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 10-333 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff s Praecipe to Substitute Verification to Plaintiffs Complaint was served on Defendant(s) via first class mail on March 15, 2010 as follows: STEPHEN F. GODDIN 128 West Portland Street Apartment 4 Mechanicsburg, PA 17055 GODDIN, STEPHEN F. 128-4 West Portland Street Mechanicsburg, PA 17055 GOLDBECK McCAFFERTY & McKEEVER is ael T. McKeever Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 FAx (215) 627-7734 VVW W.GOLDBECKLAW.COM March 15, 2010 Office of the Prothonotary Curt Long Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: Praecipe to Substitute Verification Prothonotary: Kindly file of record the enclosed Praecipe to Substitute Verification. We do not need a time- stamped copy for our file. Very truly yours, GOLDBECK McCAFFERTY & McKEEVER By: Barbara Hand Phone: (215) 825-6320 (direct dial) Fax: (215) 825-6420 Email: bhand@a,goldbecklaw.com GOLDBECK McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION Attorneys at Law Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Fax (215) 627-7734 www.goldbecklaw.com March 15, 2010 STEPHEN F. GODDIN 128 West Portland Street Apartment 4 Mechanicsburg, PA 17055 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. To the Defendants: I enclose a copy of Plaintiffs Praecipe to Substitute Verification with regard to the above- referenced matter, the original of which has been duly filed of record with the Court. Very truly yours, Michael T. McKeever MTM/ Enclosure cc: BAC HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C-35 Plano, TX 75024 VERIFICATION I Diane Young , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: o AJX4-L, 4alN Diane You "-St. Sec #9262817C - STEPHEN F. GODDIN 128-4 West Portland Street Mechanicsburg, PA 17055