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HomeMy WebLinkAbout10-2007GOLDBECK McCAFFERTY & McKEEVER ,BY: MICHAEL T. MCKEEYER 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 COMMON PLEAS WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. TERI ELGEN Mortgagor and Record Owner 8 Hope Terrace Carlisle, PA 17013 Defendant NOTICE %M'?? ( THE °10 ~C-OTARY 2010 MhR. 22 PSI I: I $ curs ,, . ,yJ,,.?, f OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term e r il' ;X/ 7 CIVIL ACTION: M6MTQA? KWItYCL 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Pd. ?1) .60 0 J rr y 3 ?.?V3 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.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a,goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 94111FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5, 7105 Corporate Drive, PTX C-35 Plano, TX 75024. 2. The names and addresses of the Defendant is TERI ILGEN, 35 Donegal Springs Road, Mount Joy, PA 17552, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On March 23, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to BANK OF AMERICA, N.A., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book# 1945, Page 2509. The mortgage has been assigned to: WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 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 September 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 ..................................................................................$132,751.85 Interest from 08/01/2009 through 01/29/2010 at 6.5000% .......................$4,302.48 Per Diem interest rate at $23.64 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$6,637.59 Late Charges from 09/01/2009 to 01/29/2010 .............................................$218.70 Monthly late charge amount at $43.74 Costs of suit and Title Search (Estimated) Monthly Escrow amount $213.92 ............................................. $900.00 $144,810.62 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a. de terns judgment in mortgage foreclosure in the sum of $144,810.62, together with interest at the rate of $23.64, 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: GOL K MC FFE & MCKEEVER Michael McKee er a. ID 5611 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 Benjamin Hillis 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. J? Date: jamin Hillis-Asst. Secretary #94111 FC - TERI ILGEN 8 Hope Terrace Carlisle, PA 17013 Prepared Fly 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: 94111FC Parcel ID#: 29-14-0868-027 ASSIGNMENT OF MORTGAGE BANK OF AMERICA, N.A. (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 WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5. WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE- HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 (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 TERI ILGEN , Mortgagor(s); to BANK OF AMERICA, N.A. Bearing date of. March 23, 2006; Amount Secured: $138,400.00; Recorded on April 03,2006; in Book 1945 Page 25119; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 8 Hope Terrace, Carlisle, PA 17013 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 due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, by its appropriate corporate officers, has executed and sealed with its corporate seal this Assignment of Mortgage on this day of FFA 7 5 901?010. BANK OF AMERICA, N.A. (Affix Corporate Seal) - 6,U (SEAL) Name: Title: ? TAmrVI EPMUXW AL) Na Title: ? TUMW, Ast. V'00 PWkW4 ss: STATE OF TM M COUNTY OF BE IT REMEMBERED, that on this day ofF R 2 5 2010Z010, before me, the subscriber, a Notary Public personally QLrod 10'sRl 81330K A8MAW y1eE P#? officers of Assignor, who I am satisfied are the persons who signed the within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue of a Resolution of its Board of Directors. I hereby certify the address of the Assignee is: 7105 Corporate Drive, PTX C-35, Plano, Notary Public My commission expires: JACKIE GREENWALD Notary Public. State of Texas TX 75024 ° MY Commission Expires October 30. 2011 Case #: 94111 FC EythibitA Exhibit "A" ALL that certain tract of land with the improvements thereop erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 142 on the Plan of Kingsbrook, section "1", as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 23, Page 87, containing 100 feet along the South along Hope Terrace, containing 195.38 feet along the west along Lots Nos. 113 and 114 on said Plan, containing 114.86 feet along the North along the land now or formerly of Hooke, Lebo & Hooke, and containing 180 feet along the east along land now or formerly of Hooke, Lebo & Hooke. BEING improved with a seven room split-level dwelling with one car garage known as 8 Hope Terrace, Carlisle, Pennsylvania, 17013. SUBJECT to a drainage easement as shown on said Plan. BEING SUBJECT to the Building and Use Restrictions as recorded in the Office aforesaid in Miscellaneous Book No. 184 at Page 763. E.?Fiidit ? ACT 91 NOTICE DATE OF NOTICE: 02/04/2010 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing; Finance Agcy toll free at 1-800-342-2397. (Persons with impaired hearing can call 717)80-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 HomeRetention@goldbecklaw.com Date: 02/04/2010 Homeowners Name: TERI ILGEN Property Address: 8 Hope Terrace, Carlisle, PA 17013 Loan Account No.: 872430734 Original Lender: BANK OF AMERICA, N.A. Current Lender/Servicer: BAC HOME LOANS SERVICING, L.P. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (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 proprty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF Y ARE.CURRENTLY PROTECTED $Y THE FILING 91F A PETITION IN BANKRtfj!TC1y;'I" FOLLOWING PAR 1 OF THIS i?OTICE IS FOR . INFOIt 1#A'TJ b kNn#S ONLY AND SlAdULD NOT 8E CUA D AS AN A'1'I'Fmw TO COLLECT THF'DF_BT. ¢f you have filed bankruptcy you c" still apply for Fmernencv'Moiaffe 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: 8 Hope Terrace, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 09/01/2009 thru 02/04/2010 (6 mos. at $1,088.71/month) $6,532.26 (b) Late charges from 09/01/2009 thru 02/04/2010 (6 mos. at $43.74/month) $262.44 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $6,794.70 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 $6,794.70, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: Attention: Act Letter Department BAC HOME LOANS SERVICING LP c/o Goldbeck McCafferty & McKeever 701 Market Street Suite 5000 Philadelphia, PA 19106 HomeRetention@goldbecklaw.com 866-413-2311 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 brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the 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 pang 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 four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: BAC HOME LOANS SERVICING LP Address: 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Phone Number: 972-526-6000 Fax Number: 817-230-6811 Contact Person: Christine Valentine Email: PHFA.Program@bankofamerica.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 sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Christine Valentine Phone Number: 972-526-6000 HEMAP Consumer Credit Counseling Agencies Report last updated: 1/2912010 8:59:47 AM CCCS of Western PA 4402 Peach Street Erie, PA 16509 888.511.2227 ext 108 888.511.2227 ext 108 DAUPHIN County CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Center for Family Services, Inc. 213 Center Street Meadville, PA 16335 814.337.8450 Greater Erie Community Action Committee 18 West 9TH Street Erie, PA 16501 814.459.4581 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 724.981.5310 St. Martin Center 1701 Parade Street Erie, PA 16503 814.452.6113 CUMBERLAND County CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 DELAWARE County Advocates for Financial Independence 202 East Hinkley Avenue Ridley Park, PA 19078 215.389.2810 American Credit Counseling Institute 175 Strafford Avenue Suite 1 Wayne, PA 19087 610.971.2210 888.212.6741 American Credit Counseling Institute 526-528 Dekalb Street Norristown, PA 19401 610.971.2210 888.212.6741 American Financial Counseling Services Inc. 1080 N. Delaware Avenue Suite 200 Philadelphia, PA 19125 267.228.7903 800.490.3039 American Financial Counseling Services Inc. 405 West Germantown Pike Norristown, PA 19403 267.228.7903 800.490.3039 American Financial Counseling Services Inc. 175 Strafford Avenue Suite One Wayne, PA 19087 267.228.7903 800.490.3039 Page 8 of 21 PRAECIl'E FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 -Mellon Independence Center 701 Mazket Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff TN THE COURT OF COMMON PLEAS WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. TERI ILGEN Mortgagor(s) and Record Owner(s) 8 Hope Terrace Cazlisle, PA 17013 Defendant(s) TO THE PROTHONOTARY: FfLC~ , :~:r ~._ 2Df D ~=G~`~ ! ~ f'i`i ~~ ~ 1 a.~ ~ L. t '~~~~i..Y rl. ~rv 3 of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. CIVIL 10-2007 PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: ~~~,r33 ~~-5 ,~,~ z,'fi~ y~33 S 5 7 . •{U ~.,; o pd ~g ~' j Ss~i ~0 ~ ~- ~~y r ~,.Od ~D u e. G d Amount Due Interest from 06/15/2010 to Date of Sale per diem at $23.64 (Costs to be added) $149,313.96 By: GOLD$'ECK 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 ALL that certain tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 142 on the Plan of Kingsbrook, section "I", as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 23, Page $7, containing 100 feet along the South along Hope Terrace, containing 195.38 feet along the west along Lots Nos. 113 and 114 on said Plan, containing 114.86 feet along the North along the land now or formerly of Hooke, Lebo & Hooke, and containing 180 feet along the east along land now or formerly of Hooke, Lebo & Hooke. BEING improved with a seven room split-level dwelling with one car garage known as 8 Hope Terrace, Carlisle, Pennsylvania, 17013. SUBJECT to a drainage easement as shown on said Plan. BEING SUBJECT to the Building and Use Restrictions as recorded in the Office aforesaid in Miscellaneous Book No. 184 at Page ?63. BEING THE SAME PREMISES BY DEED DATED 03/23!2006, GIVEN BY TERI DOYLE ( A SINGLE WOMAN) TO TERI ILGEN (A MARRIED WOMAN) AND RECORDED 04/03/2006 IN BOOK 0273 PAGE 4136 INSTRUMENT # 2006-010623 GRANTED AND CONVEYED UNTO TERI ILGEN. TAX PARCEL NO: 29-14-0868-027 BIENG KNOWN AS 8 HOPE TERRACE, CARISLE PA 17013 ~ V C7 v~ ~~~ ° Q a w0 ~ ~ ~ W a w w ~ W W z ~~~ U ~ ~ ~ ~~ N zo~ GCINH O U ~ ¢O`nU >o z~F~ ~ a A z . °" a O ~ OWWC7 x F" a:QHO w~Qx z ~~~~ aHW~, 3~¢a O .~ H U W O cn ~ W ~ w~ ~ ~ O C7 v a ~~ " ^~ 3 ~v O x.~ x ~. ~ ~ o oon U ~,, bA ~ W a o ~ U w a i N U H U ~. ~. ~ ~, ~U a~ ~ ~ ~ ~~ ~o a v) ¢ M C ~ a ~ 4ai ~ .-Yr C~ ~ ~ G cad .C ~ v a~~ a>~ O ~ N ~ I ~ .a °~ a ,~ o o c, 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 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. TERI ILGEN (Mortgagor(s) and Record Owner(s)) 8 Hope Terrace Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. CIVIL 10-2007 WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 8 Hope Terrace Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): TERI ILGEN 35 Donegal Springs Road Mount Joy, PA 17552 2. Name and address of Defendant(s) in the judgment: TERI ILGEN 35 Donegal Springs Road Mount Joy, PA 17552 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 :. ,9` 2o~a ~u~~~ - 7 ~~~ ~~ j c CUPJ :u :;~`fv~'1` of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: BANK OF AMERICA, N.A. 1400 Best Plaza Drive Suite 101 Richmond, VA 23227 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTSJOCCUPANTS 8 Hope Terrace Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: June 14, 2010 .~ GOLDBEC McCAFFERTY & McKEEVER BY: TINAMARIE BOSCHETTI `~ S GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5 MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. TERI ILGEN Mortgagor(s) and Record Owner(s) 8 Hope Terrace Carlisle, PA 17013 Defendants; of Cumberland County CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. CNIL 10-2007 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ILGEN, TERI TERI ILGEN 8 Hope Terrace Carlisle, PA 17013 Your house at 8 Hope Terrace, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 15, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $149,313.96 obtained by WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE CNIL 10-2007 ZO{0 J!.~;~~ 17 ~'~;~ 3~ ~ r; `. IN THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: CIVIL 10-2007 1. The sale will be cancelled if you pay to WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866- 413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 CIVIL 10-2007 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. 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.phfa.org/consumers/homeownersheal as~x. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a.goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 94111FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-2007 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, w "MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 Plaintiff (s) From TERIILGEN (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$149,313.96 L.L.$.50 Interest FROM 06/15/2010 TO DATE OF SALE PER DIEM AT $23.64 Atty's Comm % Due Prothy $Z.00 Atty Paid $18!1,90 Other CostsTO BE ADDED Plaintiff Paid Date: JUNE 17, 2010 uel1, Prothonotary (Seal) gy. Deputy REQUESTING PARTY: Name DAVID FEIN, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER, SUITE 5000 - MELLON INDEPENDENCE CENTER, 701 MARKET STREET, PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-132 2 Supreme Court ID No. 82628 In the Court of Common Pleas of Cumberland County WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. TERI ILGEN (Mortgagor(s) and Record Owner(s)) 8 Hope Terrace Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No. CIVIL 10-2007 C~ ~ ~ ,. C. © _n is ~ c_ ---+ '~ -- -?~? __„s ~ , , ,::,:.r _ _* : ~ '~ r`ri : ~ ;~ r. `> J.7 o •< THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against TERI ILGEN by default for want of an Answer. Assess damages as follows: Debt Interest from 06/15/2010 to Date of Sale per diem at $23.64 Total (Assessment of Damages attached) $149,313.96 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. ~ /y-0 0 p °t ~~y GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 O'i-~ .~33Q',2-9 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 ~/ ~ ~ .,Z 7 ~ 9,~ Krishna Murtha Pa ID 61858 ..- David Fein Pa ID 82628 A L "~' i~~ Thomas Puleo Pa. ID 27615 ' Attorneys for Plaintiff AND NOW ~t~ / 7 ~~~ ,Judgment is entered in ' ---_ favor of WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 and against TERI ILGEN by default for want of an Answer and damages assessed ' of $149,313.96 as per the above certification. 0 0 Rule of Civil Procedure No. 236 -Revised 1N THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff No. CIVIL 10-2007 vs. TERI ILGEN (Mortgagors and Record Owner(s)) 8 Hope Terrace Carlisle, PA 17013 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. Prothono 1 By: D puty 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 94111FC 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: May 14, 2010 TO: TERI II.GEN ILGEN, TERI 8 Hope Terrace Cazlisle, PA 17013 WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE- HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006- 5 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. TERI ILGEN (Mortgagor(s) and Record Owner(s)) 8 Hope Terrace Carlisle, PA 17013 TO: TERIII,GEN 8 Hope Terrace Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. CIVIL 10-2007 IlVIPORTANT 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 HIIZE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Cazlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Cazlisle, PA 17013 Michael T. Mc%ever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Sheet. Philadelphia, PA 19106 215-825-6318 94111FC 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: May 14, 2010 TO: TERI ILGEN ILGEN, TERI 35 Donegal Springs Road Mount Joy, PA 17552 WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE- HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006- 5 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. TERI ILGEN (Mortgagor(s) and Record Owner(s)) 8 Hope Terrace Carlisle, PA 17013 TO: TERIILGEN 35 Donegal Springs Road Mount Joy, PA 17552 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. CIV]L 10-2007 IlVIPORTANT 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 Ilv1PORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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. Mc%ever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 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, TERI ILGEN, is about unknown years of age, that Defendant's last known residence is 35 Donegal Springs Road Mount Joy, PA 17552, 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: TIN 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, TERI ILGEN, is about unknown years of age, that Defendant's last known residence is 35 Donegal Springs Road Mount Joy, PA 17552, 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: Q TINA BOSCHETTI 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 WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. TERI II,GEN (Mortgagor(s) and Record owner(s)) 8 Hope Terrace Carlisle, PA 17013 Defendant(s) ORDER FOR JUDGMENT IN THE COURT OF COMMON PLEAS of Cumberland County CIV1L ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. CIVIL 10-2007 Please enter Judgment in favor of WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE- HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5, and against TERI ILGEN 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 $149,313.96. 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 WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 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 TERI ILGEN, 35 Donegal Springs Road Mount Joy, PA 17552; By: GOLDB K 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 $132,751.85 Interest from 08/01/2009 through $7,517.52 06/ 14/2010 Reasonable Attorney's Fee $6,637.59 Late Chazges $437.40 Costs of Suit and Title Seazch $900.00 Escrow Payments Due 5 X $213.92 $1,069.60 $149,313.96 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 ~ ~~ day of , 2010 damages aze assessed as above. Pro Prothy GOLbBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 FILED-OFFICE CF THE PROTHONOTARY 2010 NOV 30 Aft 11: 29 9411 ITC CF: 03/22/2010 SD: 12/08/2010 $149,313.96 WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006- 5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. TERI ILGEN Mortgagor(s) and Record Owner(s) 8 Hope Terrace Carlisle, PA 17013 Defendant(s) C, -RLAS1d WIJURT OF COMMON PLEAS MNSYLVANIA of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL 10-2007 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Keith C. Halili, an employee of Goldbeck McCafferty & McKeever, counsel for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). (?c) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respec , 1lysullnii ed, BY: Keith C. Halili Legal Secretary ? t3. F ? ry Os n d LL r•+ k F P« ? w?s = cC to LL ti oNp? U x, ??lsit?fi c;= t' a O 3 ? a= a m a t0 u X A ? %?U?k C G m c3c}[]? Cl) .- 0 r- 4 0 Z ?a Z W Q w .+ N R W m ? USE C5 co ui 0 O n. m W v_ >w u? N ? ,qp? c ? a(.?-pN 4 o a o 0 o` ? ?C3?W G u? ?? ? V m m s U m r o ,4 r ;5y 4 i? OD 4 z07o r rnMr-¢ Q W U O fJ? Z a T d W r" n? T V N Q ?,,, a r ? m y 0Q ?C cV .4 f `N m m m 0 m N V Q T a m m i a c 'o 0 c a 1 a m oD ? O a 4) d ? R E ? m N yy $ ? 4 O U ° E? Z rn a C ? t0 Q ia6 c °v N n U m ? LL W a ?- i? z o LL 1J USPS - Track & Confirm a. X. W7 a- I a- Page 1 of 1 Home 1 ale Track & Confirm rmh Resets Label/Reoeipt Number: 9171 0821 3339 3829 3238 98 copkin 90M Class: First-Class Mailo ? ` Service(s): Return Receipt-Electronic Enter Label/Receipt Number_ Status: Delivered Your item was delivered at 1:18 pm on August 18, 2010 in SAINT MARYS, PA 15857. Detailed Results: • Delivered, August 18, 2010, 1:18 pm, SAINT MARYS, PA 15857 • Notice Left, August 16, 2010, 3:25 pm, SAINT MARYS, PA 15857 • Forwarded, August 12,2010,1:27 pm, KERSEY, PA • Electronic Shipping Info Received, August 10, 2010 lion 11pdow Track & Confirm by email Get current event information or updates for your item sent to you or others by email. bas Retum Receipt (Electronic) Verify who signed for your item by email. Sift May C ;gimer Service Forms Goyj arVrc. S'Irmt? Priyacv P I c l Terms of Use py;iness Costm-ner GatewE Copyright@ 2010 USPS_ AR Rights Reserved. No FEAR Ad EEO Data FOIA :?:cmeazf fat tit+s?: 15:a7ea?s _ "_? >r: http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do 9/15/2010 M PA NCI Date: 09/15/2010 Loretta Crespo: The following is in response to your 09/15/2010 request for delivery information on your Certified Mail(TM) item number 7108 2133 3938 2932 3898. The delivery record shows that this item was delivered on 08/1812010 at 01:18 PM in SAINT MARYS, PA 15857, The scanned image of the recipient information is provided below. UNIVOY 6"p- Signature of Recipient: G Address of Recipient:() ?r Thank you for selecting the- Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service GOLDBECK McCAFFERTY & McKEEVER • Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. TERI ILGEN Mortgagor(s) and Record Owner(s) 8 Hope Terrace Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL 10-2007 AFFIDAVIT PURSUANT TO RULE 3129 WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praccipe for the writ of execution was filed the following information concerning the real property located at: 8 Hope Terrace Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): TERI ILGEN 933 S. Michael Street Saint Marys, PA 15857 2. Name and address of Defendant(s) in the judgment: TERI ILGEN 933 S. Michael Street Saint Marys, PA 15857 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: BANK OF AMERICA, N.A. 1400 Best Plaza Drive Suite 101 Richmond, VA 23227 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 8 Hope Terrace Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: November 24, 2010 GOLDBECK MCCAFF RTY & McKEEVER BY: Keith C. Halili Legal Secretary SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson C?"- Shefiff Jody S Smith v ? I ?`E`, _ Chief Deputy 3 P'' 12: ` 9 `F I A`.? w!e i Richard W Stewart Solicitor Wells Fargo Bank, NA vs. Case Number Teri Ilgen 2010-2007 SHERIFF'S RETURN OF SERVICE 10/13/2010 10:04 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10-13-10 at 1000 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Teri Ilgen, located at, 8 Hope Terrace, Carlisle, Cumberland County, Pennsylvania according to law. 12/03/2010 As directed by Michael McKeever, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 01/28/2011 As directed by Michael McKeever, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 03/02/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney 3/2/11. SHERIFF COST: $764.19 March 02, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF a ?? a 3k Goldbeck McCafferty & M,.Keevei 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 WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. TERI ILGEN (Mortgagor(s) and Record Owner(s)) 8 Hope Terrace Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. CIVIL 10-2007 WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 8 Hope Terrace Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): TERI ILGEN 35 Donegal Springs Road Mount Joy, PA 17552 2. Name and address of Defendant(s) in the judgment: TERI ILGEN 35 Donegal Springs Road Mount Joy, PA 17552 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO,Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: BANK OF AMERICA, N.A. 1400 Best Plaza Drive Suite 101 Richmond, VA 23227 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 8 Hope Terrace Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: June 14, 2010 GOLDBEC McCAFFERTY & McKEEVER BY: TINAMARI E BOSCHETTI CIVIL 10-2007 IGOLDBECK McCAFFERTY & McKEEVER 'BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE vs. TERI ILGEN Mortgagor(s) and Record Owner(s) Docket No. CIVIL 10-2007 8 Hope Terrace Carlisle, PA 17013 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ILGEN, TERI TERI ILGEN 172 Skyline Drive Kersey, PA 15846 Your house at 8 Hope Terrace, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 08, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $149,313.96 obtained by WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: CIVIL 10-2007 1. The sale will be cancelled if you pay to WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866- 413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ALL that certain tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 142 on the Plan of Kingsbrook, section "I", as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 23, Page 87, containing 100 feet along the South along Hope Terrace, containing 195.38 feet along the west along Lots Nos. 113 and 114 on said Plan, containing 114.86 feet along the North along the land now or formerly of Hooke, Lebo & Hooke, and containing 180 feet along the east along land now or formerly of Hooke, Lebo & Hooke. BEING improved with a seven room split-level dwelling with one car garage known as 8 Hope Terrace, Carlisle, Pennsylvania, 17013. SUBJECT to a drainage easement as shown on said Plan. BEING SUBJECT to the Building and Use Restrictions as recorded in the Office aforesaid in Miscellaneous Book No. 184 at Page 763. BEING THE SAME PREMISES BY DEED DATED 03/23/2006, GIVEN BY TERI DOYLE (A SINGLE WOMAN) TO TERI ILGEN (A MARRIED WOMAN) AND RECORDED 04/03/2006 IN BOOK 0273 PAGE 4136 INSTRUMENT # 2006-010623 GRANTED AND CONVEYED UNTO TERI ILGEN. TAX PARCEL NO: 29-14-0868-027 BIENG KNOWN AS 8 HOPE TERRACE, CARISLE PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO10-2007 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, K `MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 Plaintiff (s) From TERIILGEN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2j 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 DL'eS149,313.96 L.L.S.50 Interest FROM 06/15/2010 TO DATE OF SALE PER DIEM AT $23.64 Atty's Comm °/> Atty Paid S189.0 Plaintiff Paid Date: JUNE 17, 2010 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other CostsTO BE ADDED Name DAVID FEIN, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER, SUITE 5000 - MELLON INDEPENDENCE CENTER, 701 MARKET STREET, PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 82628 0& On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 8 Hope Terrace, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 Real Estate Coordinator The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 -Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 J4( Pahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/15/10 10/22/10 r 10/29/10 Sworn to and?ubscribed be'Fer? me this 10-ddy?f November, 2010 A. D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Klsner, Notary Public i Lower Paxton Twp„ Dauphin County L My Commission Expires Nov. 26, 2011 Member, ?ennsv!vanla Association of Nokarle? .? 2010.2007 C" Term W ft POW Dank, NA, as Trustee for no *""caw MgMers of Bam of Amerka Alternative Loan ?rust 2006. A Mortgage Pass-Through ceruflcatas, sof$ 2008-5 Vs Tim Nyen Atty. f (McKeever ALL that certain tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 142 on the Plan of Kingsbrook section "I", as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 23, Page 87, containing 100 feet along the South along Hope Terrace, containing 195.38 feet along the west along Lots Nos. 113 and 114 on said Plan, containing 114.86 feet along the North along the land now or formerly of Hooke, Lebo & Hooke, and containing 180 feet along the east along land now or formerly of Hooke, Lebo & Hooke. BEING improved with a seven room split-level dwelling with one car garage known as 8 Hope Terrace, Carlisle, Pennsylvania, 17013. SUBJECT to a drainage easement as shown on said Plan. BEING SUBJECT to the Building and Use Restrictions as recorded in the Office aforesaid in Miscellaneous Book No. 184 at Page 763. BEING THE SAME PREMISES BY DEED DATED 03I23/2006, GWE.N BY TERI DOYLE (A SINGLE WOMAN) TO TERI ILGEN ( A MARRIED WOMAN) AND RECORDED 04103724106 IN BOOK 0273 PAGE 4136 INSTRUMENT # 2006010623 GRANTED AND CONVEYED UNTO TERI ILGEN. TAX PARCEL NO: 29.14-0868-027 BIENG KNOWN AS 8 HOPE TERRACE, CARISLE PA 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 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. SWORN TO AND SUBSCRIBED before me this 5 da of November 2010 J Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 c r Li a Marie Coyne, E itor CUMBERLAND LAW JOURNAL Writ No. 2010-2007 civil Wells Fargo Bank, NA, as Trustee for the Certificate-Holders of Banc of America Alternative Loan Trust 2006-5, Mortgage Pass-Through Certificates, Series 2006-5 Vs. Teri Ilgen Atty.: Michael McKeever ALL that certain tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 142 on the Plan of Kingsbrook, section "I", as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 23, Page 87, containing 100 feet along the South along Hope Terrace, containing 195.38 feet along the west along Lots Nos. 113 and 114 on said Plan, containing 114.86 feet along the North along the land now or formerly of Hooke, Lebo & Hooke, and containing 180 feet along the east along land now or formerly of Hooke, Lebo & Hooke. BEING improved with a seven room split-level dwelling with one car garage known as 8 Hope Terrace, Carlisle, Pennsylvania, 17013. SUBJECT to a drainage easement as shown on said Plan. BEING SUBJECT to the Building and Use Restrictions as recorded in the Office aforesaid in Miscellaneous Book No. 184 at Page 763. BEING THE SAME PREMISES BY DEED DATED 03/23/2006, GIVEN BY TERI DOYLE (A SINGLE WOMAN) TO TERI ILGEN (A MAR- RIED WOMAN) AND RECORDED 04/03/2006 IN BOOK 0273 PAGE 4136 INSTRUMENT # 2006-010623 GRANTED AND CONVEYED UNTO TERI ILGEN. TAX PARCEL NO: 29-14-0868- 027. BIENG KNOWN AS 8 HOPE TER- RACE, CARISLE PA 17013. 58 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2007 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5, Plaintiff (s) From TERIILGEN (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: $149,313.96 L.L.: Interest FROM 6/15/2010 TO DATE OF SALE PER DIEM AT $23.64 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $980A Other Costs: Plaintiff Paid: Date: 1;'17/12 David D. Buell, Prothonot ZP 97- (Seal) B : Deputy?_ REQUESTING PARTY: Name: MICHAEL MCKEEVER, ESQUIRE Address: KML LAW GROUP, P.C. SUITE 5000-BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 I PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 FILED-OFFICE THE PROTHONOTARY KML Law Group, P.C. Suite 5000 - BNY Independence Center ??, Z JAN I AM 10* 3 701 Market Street Philadelphia, PA 19106-1532 CUMBERLAND COUNTY 215-627-1322 PENNSYLVANIA Attorney for Plaintiff WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE IN THE COURT OF COMMON PLEAS PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive of Cumberland County PTX C-35 Plano, TX 75024 CIVIL ACTION - LAW VS. TERI ILGEN Mortgagor(s) and Record Owner(s) 8 Hope Terrace Carlisle, PA 17013 Plaintiff Defendant(s) TO THE PROTHONOTARY: ACTION OF MORTGAGE FORECLOSURE No. CIVIL 10-2007 PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: 0:) 51. y 0 CIF _714(4. 19 u,• or e 00 ? .• 14. W "?• Oki, Oo "" CI 7 "N' Amount Due Interest from 6/15/2010 to Date of Sale per diem at $23.64 (Costs to be added) $149,313.96 By: L LAW GROUP, P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristine Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff OIL *-?(yuco3 2W Qla 1-71 ??c7o 4 Pd W a W w?? ? W a O o b ? V) az oo Z 10, s oO QO?U H?F?a p4? ? z cl > U O w x ?4 w x^ H m oo a+ o `..SU O O ? x o? U W 2 p U x,- w OriW> 0 O O °? o U W v 4QH 0 dx ¢ .. W a z U to U w a c U m C?A O aAi?? L7 ,5 x w c? a?Cl, N o Y ALL that certain tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 142 on the Plan of Kingsbrook, section "1 ", as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 23, Page 87, containing 100 feet along the South along Hope Terrace, containing 195.38 feet along the west along Lots Nos. 113 and 114 on said Plan, containing 114.86 feet along the North along the land now or formerly of Hooke, Lebo & Hooke, and containing 180 feet along the east along land now or formerly of Hooke, Lebo & Hooke. BEING improved with a seven room split-level dwelling with one car garage known as 8 Hope Terrace, Carlisle, Pennsylvania, 17013. SUBJECT to a drainage easement as shown on said Plan. BEING SUBJECT to the Building and Use Restrictions as recorded in the Office aforesaid in Miscellaneous Book No. 184 at Page 763. BEING THE SAME PREMISES BY DEED DATED 03/23/2006, GIVEN BY TERI DOYLE (A SINGLE WOMAN) TO TERI ILGEN (A MARRIED WOMAN) AND RECORDED 04/03/2006 IN BOOK 0273 PAGE 4136 INSTRUMENT # 2006-010623 GRANTED AND CONVEYED UNTO TERI II.GEN. TAX PARCEL NO: 29-14-0868-027 BIENG KNOWN AS 8 HOPE TERRACE, CARISLE PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 Plaintiff vs. TERI ILGEN Defendant(s) NO. CIVIL 10-2007 C c.? -OC ` ; .rn MW Wrn Z ..4C) o .4 -G w cn ? VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That the above named Defendant, TERI ILGEN, has a last known residence of 933 S. Michael Street, Saint Marys, PA 15857. 3. That inquiry has been made with the Department of Defense as to the military status of each of the Defendants in this action. A copy of the Military Status Report is attached. 4. The Defendant is not in the military service of the United States of America as defined by the Servicemembers Civil Relief Act as amended. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date By: .*-_-P KML L GROUP, P.C. ?Mtchael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page I of 2 Jan-13-2012 06:49:02 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Based on the information you have furnished, the DMDC does not possess ILGEN TERI any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Adt in. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/fag/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 1/13/2012 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:RQ9RRLSVPK https://www.dmdc.osd.rnil/appj/scra/popreport.do 1/13/2012 1 c KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff t? N?. ? Rfl t0; 35 WELLS FARGO BANK, NA, AS TRUSTEE FORV ' THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. TERI ILGEN (Mortgagor(s) and Record Owner(s)) 8 Hope Terrace Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. CIVIL, 10-2007 WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5, Plaintiff in the above action, by counsel, KML Law Group, P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 8 Hope Terrace Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): TERI ILGEN 933 S. Michael Street Saint Marys, PA 15857 2. Name and address of Defendant(s) in the judgment: TERI ILGEN 933 S. Michael Street Saint Marys, PA 15857 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 r 4. Name and address of the last recorded holder of every mortgage of record: BANK OF AMERICA, N.A. 1400 Best Plaza Drive Suite 101 Richmond, VA 23227 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 8 Hope Terrace Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my 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 aut orities. DATED: Y: L LAW GROUP, P.C. ichael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff CIVIL 10-2007 KML Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff FILED-OFFICE .?iF -[HE PROTHONOTARY 2012 JAN I ? AM 10' 35 CUMBERLAND COUNTY n _,Aucy1 V1, t1ifl WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5 MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. TERI ILGEN Mortgagor(s) and Record Owner(s) 8 Hope. Terrace Carlisle, PA 17013 Defendant(s IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -- LAW ACTION OF MORTGAGE FORECLOSURE Docket No. CIVIL 10-2007 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: D.GEN, TERI TERI ILGEN 933 S. Michael Street Saint Marys, PA 15857 Your house at 8 Hope Terrace, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 06, 2012, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $149,313.96 obtained by WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: CIVIL 10-2007 1. The sale will be cancelled if you pay to WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are tiled with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.or0foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 CIVIL 10-2007 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.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllawgroup.com.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 9411 IFC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. KML LAW GROUP, P.C. Suite 5000 BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ?L i'tt b r1 WELLS FARGO BANK, NA, AS TRUSTEE F`' ' THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006- 5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. Plaintiff TERI ILGEN Mortgagor(s) and Record Owner(s) 8 Hope Terrace Carlisle, PA 17013 Defendant(s) 94111FC CF: 03/22/2010 SD: 06/06/2012 $149,313.96 COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL 10-2007 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Eileen Bowden, an employee of KML Law Group, P.C., counsel of Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( Personal Service by the SherhT-MfflW/competent adult (copy of return attached). (/) Certified mail by KML Law Group, P.C. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by KML Law Group, P.C. to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by KML Law Group, P.C. (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail KML Law Group, P.C. (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitte BY: Eileen owden Legal Assistant IT m? p a N? O yk' (0N p) ¢ U f } ao), fy N ?s LO 0 m ° cc o??nvn Q o o m m co a U m 'C a m ?, m ¢ cn m N m Im C c o m = t mU Z F- M ca m E c o m m E 6° U U C 7 m _ ??0 m ¢ cG cv U m o U xm?s 'ra e_. °o LL 2m > Q EL O m a??ooa -d CL n om°° E zCD m c z? O = U z o E 2 W IV N o c a° _ m?U) ¢ ODU F- Q P W m 2 c ? c 0 o I m m o E 0 Z > = o'E O o U w m Q Q m-¢ ? v IV -J C N m m U rn.?.. c df > m ¢¢¢rn Z) W o? m > z = 05 u ° O fl m O m E ` F- m Q Cl) ° p o 'm E U? Z iz C0 m 2r m'n J m O m m O O > a? r- ~ J-- U ?' co "8N - U ° N Q a a (D mOmxm n UOpw Q o ¢x CL O F Cl) Y U) x m" `m Y ???? w ca CO L.. m - CCzm L N m m Q 7 m0 000 m a. U nCIO 2CL DUo U a w. U y - O 0 ma a E m m A q F- E m o? `Ae a ? a DEI.? a m mU Na m D pWC.CV °v OYW Ran 5- E`? J o H ?J 2 m J E _ Z p = N ch d ui c6 f? CO C m CL c 0 CL W m O AF d FT a r v C U N c0 O c0 O _m cu 0 N co N >, o c U N C O N D E 7 U ti Z W co U- J U- a rn FW- i NJ r?U6T too, 160 0Ck C O - i° CL E m c .2 m O . a C-L ?? U O a O N E g m0 gig a< 00000 O L U 1 la w a° z ?b oa ?a ? ;O ?a Q OC ?C7gau Jr j ? b cq c g - o h 4c o LU JO EJ z ? a v--? H z O = Oa Ymwa.. tV . ri ui co I? ad Fa- U a -o N C c? N E o U ti z W U- ti a rn H IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006.5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5; et seq. Pbladff (Petitloaer) CASE and/or DOCKET No.: CIVIL 10-2007 Sbedil s Sale Date: 6/6/2012 V. TERI 1LGEN; at al. Defcndaat (Respondent) AFFIDAVIT OF SERVICE 0 Complaint ©Sommoos ® Ober: NOTICE OF SALE 1. RICHARD AMENT. cert* tit I out euglaeert years of age or older and that I am not a party to the action nor an employee nor relative Ora party. and that i attdttpted ao servc TERI ILGEN the above process on the 14 day orMarch. 2012, at 8:28 o'clock, PM, at 422 DIPPOLD AVE Saint Marys. PA 158571212 , County of Cumberland. Commonwealth of Pennsylvtniw Manner of Service: ® By herding a copy to the Defendant(s) Description: Approximate Age 41-45 HeightSj WeightIM) RaceWHITF. ScxEMAI. HairBLONDE Military Status: R1 No ®Ycs Brandt: Commonwcaith/State or /j- '!? } )SS. County of Odor: roe, the undersigned rotary public, dos day, personally. appeared ???,{J•0't / /?m e .f7 to me known. who being duly sworn according to law, deposes the following: I hereby swear or at1'am that die facts set forth in the foregoing Affidavit or Service arc true and correct. Subscribed and sworn to bFfOre me (Signature of Alliant) this By f Woo-tl . 20 ?Z . File Number.94I 1 I FC Notary Public _ ---eIfB18Y? Kirk B. Vgt*h ft kWh" #W* ?+?aMgon??? ? 7N1 1 -M4 a 5 V OF ROTARES KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. TERI ILGEN Mortgagor(s) and Record Owner(s) 8 Hope Terrace Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL 10-2007 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5, Eileen Bowden, an employee of KML Law Group, P.C., counsel of Plaintiff, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 8 Hope Terrace Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): TERI ILGEN 422 Dippold Avenue Saint Marys, PA 15857 2. Name and address of Defendant(s) in the judgment: TERI ILGEN 422 Dippold Avenue Saint Marys, PA 15857 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 NORTHERN MIDDLETON AUTHORITY c/o Hubert X. Gilroy & Christopher E. Rice 10 East High Street Carlisle, PA 17013 NORTHERN MIDDLETON AUTHORITY 240 Clearwater Drive Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: BANK OF AMERICA, N.A. 1400 Best Plaza. Drive Suite 101 Richmond, VA 23227 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 8 Hope Terrace Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: May 14, 2012 KML Law Group, P.C. BY: Eileen Bowden Legal Assistant SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ; _U- v - L Sheriff Cif P f-I JJ41 ??titi44 ttr ?::ratilr?t( 4 s i; Jody S Smith 2 JUL 13 Pty v 17 Chief Deputy Richard W Stewart CUMBEiR[ AND COIJI y Solicitor PENNSYLVANIA Wells Fargo Bank, NA vs. Case Number{ Teri Ilgen 2010-2007 I SHERIFF'S RETURN OF SERVICE 03/19/2012 04:32 PM - Deputy Valerie Weary, being duly sworn according to law, states service was performed b posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 8 Hope Terrace, North Middleton Township, Carlisle, PA 17013, Cumberland County. 06/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Micheal McKeever, on behalf of WELLS FARG BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5, being the bu er in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $734.31 SO ANSWERS, July 12, 2012 RON R ANDERSON, SHERIFF i . . tvPei 2> ??,1. i KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. IN THE COURT OF COMMON of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE TERI ILGEN (Mortgagor(s) and Record Owner(s)) 8 Hope Terrace Carlisle, PA 17013 No. CIVIL 10-2007 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5, Plaintiff in the above action, by counsel, KML Law Group, P.C., sets forth as of the date the praecipe for the writ of execution wa filed the following information concerning the real property located at: 8 Hope Terrace Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): TERI ILGEN 933 S. Michael Street Saint Marys, PA 15857 2. Name and address of Defendant(s) in the judgment: TERI ILGEN 933 S. Michael Street Saint Marys, PA 1585 7 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 I 1 4. Name and address of the last recorded holder of every mortgage of record: 13ANK OF AMERICA, N.A. A 1400 Best Plaza Drive Suite 101 Richmond, VA 23227 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whore the plaintiff has knowledge who has any record interest in the which may be affected by the sale. 7. Name and address of every other person of whore the plaintiff has knowledge who has any interest in the property may be affected by the sale. TENANTS/OCCUPANTS 8 Hope Terrace Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswoi falsification to aut orities. DATED: Y: -- L LAW GROUP, P.C. ichael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff 016 CIVIL 10-2007 KML Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006- MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. TERI ILGEN Mortgagor(s) and Record Owner(s) 8 Hope Terrace Carlisle, PA 17013 Defendant(s' , IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. CIVIL 10-2007 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: M GEN, TERI TERI ILGEN 933 S. Michael Street Saint Marys, PA 15857 Your house at 8 Hope Terrace, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 06, 2012, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $149,313.96 obtained by WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: rr CIVIL 10-2007 1. The sale will be cancelled if you pay to WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice: below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. You may contact the Foreclosure Resource Center: _htt=://www.philadelphiafed.ora/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 CIVIL 10-2007 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 l IUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PIIFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionC kmllawgroup.com.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 94111FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL that certain tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 142 on the Plan of Kingsbrook, section "1", as recorded in the office of the Recordl Deeds for Cumberland County in Plan Book 23, Page 87, containing 100 feet along the South alon(I Hope Terrace, containing, 195.38 feet along the west along Lots Nos. 113 and 114 on said Plan, containing 114.86 feet along the North along the land now or formerly of Hooke, Lebo & Hooke, al containing 180 feet along the east along land now or formerly of Hooke, Lebo & Hooke. BEING improved with a seven room split-level dwelling with one car garage known as 8 Hope Carlisle, Pennsylvania, 17013. SUBJECT to a drainage easement as shown on said Plan. BEING SUBJECT to the Building and Use Restrictions as recorded in the Office aforesaid in Miscellaneous Book No. 184 at Page 763. BEING THE SAME PREMISES BY DEED DATED 03/23/2006, GIVEN BY TERI DOYLE (A SINGLE WOMAN) TO TERI ILGEN (A. MARRIED WOMAN) AND RECORDED 04/03/2006 BOOK 0273 PAGE 4136 INSTRUMENT # 2006-010623 GRANTED AND CONVEYED UNTO ELGEN. TAX PARCEL NO: 29-14-0868-027 of BIENG KNOWN AS 8 HOPE TERRACE, CARISLE PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2007 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2006-5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-5, Plaintiff (s) From TERIILGEN (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: $149,313.96 L.L.: Interest FROM 6/15/2010 TO DATE OF SALE PER DIEM AT $23.64 Atty's Comm: °% Due Prothy: $2.25 Atty Paid: $980.09 Other Costs: Plaintiff Paid: Date: 1/17/12 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: MICHAEL MCKEEVER, ESQUIRE Address: KML LAW GROUP, P.C. TRUE COPY FROM RECORI SUITE 5000-BNY INDEPENDENCE CENTER In Testimony whereof, I here unto set my 701 MARKET STREET and the seal of aaid C urt at Carlisle, Pa This _L1 day of , 20 = PHILADELPHIA, PA 19106-1532 1 Prothoi Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 On January 30, 2012 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, known and numbered as 8 Hope Terrace, Carlisle, PA 17013, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 30, 2012 By: For Claudia Brewbaker, Real Estate Coordinator r? CUMBERLAND LAW JOURNAL Writ No. 2010-2007 Civil Term Wells Fargo Bank, NA, as Trustee for the Certificate-holders of BANC of America Alternative Loan Trust 2006-5, Mortgage Passthrough Certificates, Series 2006-5 vs. Teri Ilgen Atty.: Michael McKeever IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 8 Hope Ter- race, Carlisle, PA 17013. SOLD as the property of TERI ILGEN. TAX PARCEL: 29-14-0868-027. 70 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 Lav Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesa 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 regularl} 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- 27, May 4, and May 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Cuml Law Journal, a legal periodical of general circulation, and that he is not interested in the 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. is Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 1 day of May, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 26, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify the Sheriff s Deed in which Wells Fargo Bank N.A. as T. America Alternative Loan Trust 2006-5 Mortgage Passthrough Certificates Series 2006-5 is the the same having been sold to said grantee on the 6 day of June A.D., 2012, under and by virtue of ? writ Execution issued on the 17 day of January, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 2007, at the suit of Certificate-Holders of Banc of America Alternative Loan Trust 2006-5 Mortgage Passthrough Certificates Series 2006-5 against Teri Ilgen is duly recorded as Instrument Number 201221046. IN TESTIMONY WHEREOF, I have hereunto set rn ? hand and eal of said office this _ day of A.D.?? 1 ,?)"6? - ecorder of ?)eeds Re wft of Chrnberihrhd County, Aisle, PA MY CO MISSion Expires the First Monday Jan. 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Zhe Patr1*otwXtws Now you know 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 Holly Blain, 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/27/12 2010-2007 Civil Term 05/04/12 Will Fargo Bank, NA as , Trustee for - 05!11/12 , the Cerli fk ate-holders of BANC Of America Alternative Loan Trust 200 .. 1}.. .. ??' . } .:. ....... . ", Mortgage Passthrough Cereticates, Series 2006-s Sworn to and subscribbd bef re me this 22'day/bf May, 2012 A. D. vs Teri Ilgen Atty: Michael McKeever PROV EMENTS consist of a residential Notary P u b l i c ftg. BEING PREMISES: 8 Hope race F lisle, PA 17013 o LD as the property of TERI ILGEN COMMONWEALTH OF PENNSYLVANIA -- TAX PARCEL: 29-14-M-027 ? Notarial Seal Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES