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HomeMy WebLinkAbout10-2571RICHARD F. STERN, ESQUIRE (03315) STE EN K. EISENBERG, ESQUIRE (75736) EV,IN P. DISKIN, ESQUIRE (86727) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) FLED-0F OF THE Fr Yr`-N NARY 2010 APR 20 AM 043 P NS)1_V'wi'A' IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 v. Scott A. Macak and Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 and The United States of America, c/o U.S. Attorney's Office William J. Nealon Federal Building 235 N. Washington Avenue Scranton, PA 18501 Defendant(s) Civil Action Number: 10 - 2547 ? a-lvi rpirm COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth. against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil Action or +9a. oo pQ ATT`/ cu.# Iss81 J:\Supriya\Complaints\Cumberland\Ocwen.Macak.04.10.doc p,# IqO,78y for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\Complaints\Cumberland\Ocwen.Macak.04. 10.doc NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. J:\Supriya\Complaints\Cumberland\Ocwen.Macak.04. 10.doc RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 v. Scott A. Macak and Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 and The United States of America, c/o U.S. Attorney's Office William J. Nealon Federal Building 235 N. Washington Avenue Scranton, PA 18501 Defendant(s) Civil Action Number: COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC (hereinafter referred to as "U.S. Bank N.A.") with offices located at 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409. 2. Defendant(s) are Scott A. Macak and Judith F. Macak, adult individuals with a last-known address of 707 Brenton Street, Shippensburg, PA. J:\Supriya\Complaints\Cumberland\Ocwen.Macak.04. 10.doc 3. The United States of America is joined as a defendant in this action pursuant to 28 U.S.C. §2410, because of a federal tax lien that has been filed with the Prothonotary of Cumberland county as follows: Internal Revenue Service vs. Scott A. Macak #359504707 recorded 05/15/2007 $35,204.30; Internal Revenue Service vs. Scott A. and Judith F. Macak #358763207 recorded 04/25/2007 $14,778.76. 4. Under date of 03/03/2006, defendants executed and delivered to MERS, Inc., acting solely as a nominee for First NLC Financial Services, LLC a mortgage upon the property 707 Brenton Street, Shippensburg, PA (the "Property") to secure the payment of the sum of $158,950.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 03/16/2006 at Book 1943 at Page 2584 and is incorporated herein by reference as though set forth at length herein. A copy of the legal description of the Property is attached hereto and made a part hereof as Exhibit "A". 5. The said mortgage was assigned to U.S. Bank N.A., the within Plaintiff, by Assignment which has been duly recorded February 23, 2007, in Book 0734 at Page 2940. 6. Ocwen Loan Servicing LLC, successor to Ocwen Federal Bank FSB is the attorney in fact authorized to act for Plaintiff. 7. Said Defendant(s) Scott A. Macak and Judith F. Macak are the real owners of Property 707 Brenton Street, Shippensburg, PA 17257. 8. In accordance with Act 91 of 1983, as amended, a combined notice providing the information required by §403 of Act No. 6 of 1974, and Act 91, aforesaid, was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit «B„ 9. The said loan is in default as a result of the failure to pay the monthly installments of $1,810.94 due on January 1, 2010 and on the same day of each month thereafter. 10. The following is due on the loan: PRINCIPAL BALANCE ....................................................... $209,519.08 INTEREST accrued thru 04/14/2010 of ...............................$5,866.93 Interest after 04/14/2010 shall accrue at the per diem rate of $44.00.) LATE CHARGES accrued thru 04/14/2010 of .....................$233.22 Late charges after. 04/14/2010 shall accrue at the monthly rate of $77.74.) ESCROW ADVANCES ........................................................$1,115.07 J:\Supriya\Complaints\Cumberland\Ocwen.Macak.04. l0.doc FEES BILLED ....................................................................... $121.50 COSTS ...................................................................................300.00 ATTORNEY'S FEE ..............................................................$7,000.00 LESS SUSPENSE (If any) .....................................................($1,461.71) TOTAL .................................................................................. $222,694.09 The attorney fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff, U.S. Bank N.A. requests this Court to enter judgment for foreclosure of the mortgaged property for the sum of $209,519.08 plus interest thereon of $5,866.93 plus $44.00 per day from 04/14/2010 until judgment is paid in full, late charges of $233.22, plus late charges of $77.74 per month from 04/14/2010 until judgment is paid in full, escrow advances of $1,115.07, fees billed of $121.50, costs of $300.00, attorney's fees of $7,000.00 and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts to which Plaintiff is entitled to recover. STERN BY: LLP R,ITAP F. STERN, ESQUIRE VEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE Attorney for Plaintiff Date: April 14, 2010 J:\Supriya\Complaints\Cumberland\Ocwen.Macak.04. l0.doc VERIFICATION JOHNNA MILLER is Authorized signer of OCWEN LOAN SERVICING LLC and is authorized to sign this Verification on behalf of same, and states that she verifies the foregoing Civil Action-Mortgage Foreclosure against the within defendant and avers the statements of fact therein contained are made subject to the penalties of 18 PA C.S. Section 4904 relating to the unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief JOHNNA MILLER ??6' I Authorized signer ` 2010 Date: 55545502744 ZZMHIT -]1- LtGL DUMPTIOn A the LL that certain pascal of land and imp ts reoenthereon sitnate in of Norom hlsy ?aaia,, County Of Cmd-rland and Cae lth :lore !ally described in a pNd ???1 xo. 32-3230-012872 -012 and December 30, 2002 in Cnsberland County in Dee 27, vine reorded Page 761, granted and con A. mtank Hook and Velure 25S V. Macak, husband and rife. ?? unto sco Stt A 71. !! Judith P. nz recorded County PA ` k,; - J r of Deeds 8k 1943PG26©3 0 Ocwen Loan Servicing, LLC P.O. Box 24737 .... .... .... West Palm Beach, Florida 33416-4737 o c w e N (Do not send correspondence or payments to the above address.) WWW.OCWEN.COM March 02, 2010 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515131958847 Reference Code: 0912 Judy F. Macak 707 Brenton Street Shippensburg, PA 17257 Loan Number: 5455027 Property Address: 707 Brenton Street, Shippensburg, PA 17257-0000 PLEASE SEE THE ENCLOSED DOCUMENT DACT91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt ....... ........... _..® Ocwen Loan Servicing, LLC P.O. Box 24737 t C WEN West Palm Beach, Florida.3 (Do not send correspondence March 02, 2010 3416-4737 or payments to the above address.) WWW.OCWEN.COM APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home.. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the_ Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at (800) 342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLA.MANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Judy F. Macak PROPERTY ADDRESS: 707 Brenton Street Shippensburg, PA 17257-0000 LOAN ACCT. NO.: 5455027 ORIGINAL LENDER: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CURRENT LENDER/SERVICER: OCWEN DACT91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt _ .............. .... 0 Ocwen Loan Servicing, LLC P. 0. Box 24737 - - West Palm Beach, Florida .33416-4737 O C W E N (Do not send correspondence or payments to the above address.) WWW.OCWEN.COM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE --Under the Act, you are entitled to a temporary stay of foreclosure on. your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 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 O DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency 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 coup in which the propeM is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACT91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt Ocwen Loan Servicing, LLC P.O. Box 24737 West Palm Beach, Florida 33416-4737 O C W E N (Do not send correspondence or payments to the above address.) W W W.OC WEN.COM 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: 707 Brenton Street, Shippensburg, PA 17257-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 payments in the amount of $1,810.94 from January 01, 2010 through March 02, 2010 DETAIL SUMMARY : Principal and Interest ................................. Interest Arrearage ..................................... Escrow .................................................. Late Charges ........................................... Insufficient Funds Charges ........................... Fees / Expenses ........................................ Suspense Balance (CREDIT) ........................ Interest Reserve Balance (CREDIT) ................ TOTAL DUE .......................................... $ 4,664.31 $ 0.00 $ 768.51 $ 155.48 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 5,588.30 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 $5,588.30, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by Monev Gram. Cashier's Check. Certified Check or Monev Order made a OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 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 mortga eg d property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DACT91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt ............... . ... . 0 Ocwen Loan Servicing, LLC P.O. Box 24737 ---' West Palm Beach, Florida -13416-4737 O C W E N (Do not send correspondence or payments to the above address) W W W.OC WEN.COM 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 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 be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 500-310-9229 Fax Number: 407-737-6300 Contact: Early Intervention Dept EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt Ocwen Loan Servicing, LLC o? March 02, 2010 P.O. Box 24737 O G W E N West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address.) WWW.OCWEN.COM VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515131958830 Reference Code: 0912 Scott A. Macak 707 Brenton Street Shippensburg, PA 17257-2115 Loan Number: 5455027 Property Address: 707 Brenton Street , Shippensburg, PA 17257-0000 PLEASE SEE THE ENCLOSED DOCUMENT DACT91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt :...................... Ocwen Loan Servicing, LLC ?. P. 0. Box 24737 March 02, 2010 O C W E N West Palm Beach, Florida 33416-4737 (Do not send correspondence orpayments to the above address.) WWW.OCW'EN.COM APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home.. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the_ Counseling Agency: The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information If you have any questions, representatives at the Consumer Credit. Counseling Agency may be able to help explain it You may also want to contact an attorney in your area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Scott A. Macak PROPERTY ADDRESS: 707 Brenton Street Shippensburg, PA 17257-0000 LOAN ACCT. NO.: 5455027 ORIGINAL LENDER: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CURRENT LENDER/SERVICER: OCWEN DACT91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt Ocwen Loan Servicing, LLC P. 0. Box 24737 West Palm Beach, Florida 33416-4737 O C W E N (Do not send correspondence or payments to the above address.) WWW,OCWEN.COM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE --Under the Act. you are entitled to a temporary stay of foreclosure on. your mortgage for thirty (30) days from the date of this Notice During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice THIS MEETING MUST OCCUR WITHIN THE NEXT (30) 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 agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the_ county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACT91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt Ocwen Loan Servicing, LLC P.O. Box 24737 O` West Palm Beach, Florida 33416-4737 O C W E N (Do not send correspondence or payments to the above address.) WWW.OCWEN.COM HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to data NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 707 Brenton Street , Shippensburg, PA 17257-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 payments in the amount of $ 1,810.94 from January 01, 2010 through March 02. 2010 Principal and Interest ................................. Interest Arrearage ..................................... Escrow .................................................. Late Charges ........................................... Insufficient Funds Charges ........................... Fees / Expenses ........................................ Suspense Balance (CREDIT) ........................ Interest Reserve Balance (CREDIT) ................ TOTAL DUE .......................................... $ 4,664.31 $ 0.00 $ 768.51 $ 155.48 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 5,588.30 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 $5,588.30, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram, Cashier's Check, Certified Check or Money Order made. payable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF' ALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale a 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. DACT91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt ' Ocwen Loan Servicing, LLC P. 0. Box 24737 D C W E N West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address.) WWW.OCWEN.C0M 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 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. S'ou may find out at any time exactly what the required payment or action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Early Intervention Dept EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt 6V c ACT 91 AGENCY LISTING PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ACORN HOUSING CORPORATION COMM. ON ECONOMIC OPPORTUNITY FOR LUZERNE COUNTY 846 North Broad Street 163 Amber Lane Philadelphia, Pa-, 19130 Wilkes-Barre, Pa., 18702 (215) 765-1221 (570) 826-0510 or 1-800-822-0359 Counties: Bucks, Chester, Delaware, Montgomery and Philadelphia Counties: Carbon, Luzeme, Schuylkill and Wyoming Action Housing, Inc 425 6t° Avenue, Suite 950 Pittsburgh, Pa, 15219 (412) 391-1956, (412) 281-2102 or (800) 792-2801 Counties: Allegheny, Beaver, Butler, Fayette, Greene Washington and Westmoreland COMMUNITY ACTION SOUTHWEST 22 West High Street Adams County Interfaith Housing Authority Waynesburg, Pa, 15370 (412) 852-2893 AMERICAN RED CROSS - HANOVER CHAPTER FAX: (412) 627-7713 529 Carlisle Street Contact Doug Wagner Hanover, Pa-, 17331 Counties: Allegheny, Fayette, Greene, Washington (717) 637-3294 and Westmoreland FAX: (717) 637-3294 Contact Stephanie Calp CONSUMER CREDIT COUNSELING SERVICE Counties: Adams, Franklin and York OF DELAWARE VALLEY 1515 Market Street, Suite 1325 BLAIR COUNTY ECONOMIC OPPORTUNITY COUNCIL Philadelphia, Pa-, 19102 5433 Industrial Avenue (215) 563-5665 Altoona, Pennsylvania, 16601 FAX: (215) 864-2666 (814) 946-3651 Contact Tom O'Neill FAX: (814) 946-5451 Counties: Bucks, Chester, Delaware, Montgomery Contact: Paul Rennie and Philadelphia Counties: Blair only CONSUMER CREDIT COUNSELING SERVICE BOOKER T. WASHINGTON CENTER OF LEHIGH VALLEY 1720 Holland Street 3671 Crescent Court East Erie, Pennsylvania, 16503 Whitehall, Pa., 19107 (814) 453-5744 (215) 821-4011 or FAX: (814) 453-5749 1-800-220-2733 (717 & 814 Area codes only) Contact Bob Huhta FAX (215) 821-0137 Counties: Crawford, Earl and Warren Contact Al Kotch Counties: Berks, Bucks, Carbon, Lancaster, BUCKS COUNTY HOUSING GROUP, INC. Lehigh and Northhampton 140 East Richardson Avenue Langhorne, Pa., 19047 CONSUMER CREDIT COUNSELING SERVICE (215) 750-4310 OF WESTERN PENNSYLVANIA, INC. FAX: (215) 750-4318 A) 309 Smithfield Street, Suite 2000 Contact: Pat Dyson Pittsburgh, Pa., 15222 Counties: Bucks only (412) 471-7584 Contact: Jack Onorad BUDGET COUNSELING CENTER B) 1 North Gate Square 247 North Fifth Street #2 Garden Center Drive Reading, Pa., 19601 Greensburg, Pa., 15601 (215) 375-7866 (412) 838-1290 FAX: (215) 376-6575 - Main Office C) 500-02 3rd Avenue, P.O. Box 278 Contact: Deborah Strunk Duncanville, Pa, 16635 Counties: Berks, Chester, Montgomery and Schuylkill (814) 696-3546 D) 1 st Federal Plaza, Suite 406 CENTRO PEDRO CLAVER North Mill Street 3565 North 7th Street New Castle, Pa., 16101 Philadelphia, Pa., 19130 (412) 652-8074 (215) 227-7111 E) 524 Franklin Avenue FAX: (215) 227-7117 Franklin Center Contact: Roberto Santiago Aliquippa, Pa., 15001 Counties: Philadelphia, Bucks, Chester, Delaware and Montgomery (412) 652-8074 txf 0, . CONSUMER CREDIT COUNSELING OF WESTERN PENNSYLVANIA, INC. (CONT.) F) 2000 Linglestown Road Harrisburg, Pa, 17102 (717) 541-1757 Counties: Adams, Cumberland, Dauphin, Perry and York G) YMCA Building 339 North Washington Street ACT 91 AGENCY LISTING CONTINUED Butler, Pa-, 16001 Counties: Allegheny, Armstrong, Beaver, Bedford, Blair, Butler, Cambria, Cameron, Centre, Clarion, Clearfield, Fayette, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lawrence, Mercer, Mifflin, Snyder, Somerset, Union, Venango, Washington and Westmoreland- H) 912 South George Street York, Pa-, 17403 (717) 8464176 Counties: York., Adams, Franklin and Lancaster. CONSUMER CREDIT COUNSELING SERVICE OF NORTHEASTERN PENNSYLVANIA A) Human Services Building 541 Wyoming Avenue, Box 168 Scranton, Pa., 18501 (717) 342-1072 or (800) 922-9537 FAX (717) 342-8040 B) 31 West Market Street Wilkes-Barre, Pa., 18702 (717) 821-0837 or (900) 922-9537 FAX (717) 821-1785 Contact: Mike Elick Counties: Bradford, Carbon, Columbia, Lackawanna, Luzerne, Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Susquehanna, Tioga, Wayne and Wyoming ECONOMIC OPPORTUNITY CABINET OF SCHUYLKILl. COUNTY 118 Norwegian Street Pottsville, Pa., 17901 (717) 622-1995 FAX (717) 622-0429 Contact: Marybeth Dohman Counties: Berks, Carbon, Lebanon, Lehigh, Luzeme, Northumberland and Schuylkill FAYETTE COUNTY COMMUNITY ACTION AGENCY, INC. 137 North Beeson Avenue Uniontown, Pa., 15401 (412) 437-0050 ext. 38 or (800) 427-INFO FAX: (412) 437-4418 Contact: Jennifer Canada FINANCIAL SERVICES UNLIMITED 117 West 3rd Street Waynesboro, Pa., 17268 (717) 762-3285 Contact: Natalie Newcomer Counties: Adams, Cumberland, Franklin, Fulton and Perry GREATER ERIE COMMUNITY ACTION COMMITTEE 18 West 9th Street Erie, Pa., 16501 (814) 459-4581 FAX: (814) 456-0161 Contact: Robert Lamary Counties: Crawford, Erie, Venango and Warren INDIANA COUNTY COMMUNITY ACTION PROGRAM 827 Water Street, Box 187 Indiana, Pa-, 15701 (412) 465-2657 FAX (412) 465-5118 Contact Randy Foster Counties: Armstrong, Cambria, Clearfield, Indiana, Jefferson and Westmoreland HOME MORTGAGE PROTECTION GROUP A) 19 West 3rd Street, Chester, Pa-, 19013 (215) 247-4712 B) 8634 Provident Street Philadelphia, Pa-, 19150 (215) 447-9568 FAX (215) 872-4856 Contact A.13 Muhammed Counties: Berks, Chester, Delaware, Lancaster, Montgomery and Philadelphia HOUSING COUNCIL OF YORK 116 North George Street York, Pa., 17401 (717) 854-1541 FAX (717) 854-7934 Contact Diana Walker County: York only HOUSING ASSOCIATION OF DELAWARE VALLEY A) 1314 Chestnut Street, Suite 900 Philadelphia, Pa., 19107 (215) 545-6010 FAX: (215) 790-9132 B) 658 North Watts Street Philadelphia, Pa., 19123 (215) 978-0224 FAX (215) 765-7614 Contact Khalil Walker County. Philadelphia only HOUSING OPPORTUNITIES, INC. 133 Seventh Street, P.O. Box 9 Mckeesport, Pa., 15134 (412) 6641590 FAX: (412) 664-0873 Contact Allen Sethman Counties: Allegheny, Beaver, Butler, Washington and Westmoreland JOHN F. KENNEDY CENTER, INC. 2021 East 20th Street Erie, Pa., 16510 (814) 898-0400 FAX: (814) 898-1243 Contact: Mary Gavin Counties: Crawford, Elk, Erie, Jefferson, Mckean and Venango KEYSTONE ECONOMIC DEVELOPMENT CORP. 1954 Mary Grace Lane Johnstown, Pa., 15901 (814) 539-1688 FAX: (814) 539-1688 Contact David Kennedy Counties: Bedford, Blair, Cambria, Clearfield, Indiana, Somerset and Westmoreland tXf > .. ACT 91 AGENCY LISTING CONTINUED LA CASA DEL PUEBLO 815 W. Baltimore Turnpike Kennet Square, Pa., 19348 (215) 4443731 FAX (215) 4443178 Contact: Dawn Vega Counties: Chester, Delaware, Montgomery, Lancaster and Berks LYCOMING-CLINTON COUNTIES COMMISSION FOR COMMUNITY ACTION 2138 Lincoln Street, PO Box 1328 Williamsport, Pa., 17703 (717) 326-0587 FAX: (717) 322-2197 Contact Dan Mork Counties: Clinton and Lycoming MEDIA FELLOWSHIP HOUSE 302 South Jackson Street Media, Pa., 19063 (215) 565-0846 Contact: Joyce Kane Counties: Chester, Delaware, Montgomery and Philadelphia MONTGOMERY COUNTY OPPORTUNITY BOARD 530 Church Street, 2nd Floor Norristown, Pa., 19401 (215) 277-6363 FAX: (215) 277-2123 Contact: Charles Mason County. Montgomery only MON-VALLEY UNEMPLOYED COMMITTEE 116 Fifth Avenue Mckeesport, Pa., 15132 (412) 678-1409 Contact: Ray Ganczk Counties: Allegheny, Beaver, Butler, Fayette, Green Washington and Westmoreland NORTHERN TIER COMMUNITY ACTION CORP. 135 West 4th Street Emporium, Pa., 15834 (814)486-1161 FAX: (814) 486-3370 Contact: Fred Fish Counties: Cameron, Elk, Mckean and Potter PHILADELPHIA COUNCIL FOR COMMUNITY ADVANCEMENT 100 North 17th Street, Suite 600 Philadelphia, Pa., 19103 (215) 567-7803 FAX: (215) 963-9941 Contact: Henry Cruz Counties: Chester, Delaware, Montgomery and Philadelphia SHENANGO VALLEY URBAN LEAGUE, INC. Housing Counseling Services 39 Chestnut Street Sharon, Pa., 16146 (412) 981-5310 Contact: James Long Counties: Crawford, Lawrence and Mercer TABLELAND SERVICES, INC. 131 North Center Avenue Somerset, Pa-, 15501 (814) 445-9628 FAX (814) 443-3690 Contact: Mary Ann Strong Counties: Bedford, Cambria, Fayette, Somerset and Westmoreland TABOR COMMUNITY SERVICES, INC. 439 East King Street Lancaster, Pa., 17602 (717) 397-5182 or (800) 788-5062 (Homeowners only) FAX (717) 3994127 Contact Nevin Horst Counties: Chester, Lebanon and Lancaster THE TREHAB CENTER OF NORTHEASTERN PENN. A) 7 Lake Avenue, Box 366 Montrose, Pa, 18801 (800) 982-4045 FAX: (717) 278-1889 B) 185 Elmira Street, P.O. Box 218 Troy, Pa., 16947 (717) 297-2101 Contact Carole Munn Counties: Bradford, Sullivan, Susquehanna, Tioga, Wayne and Wyoming URBAN LEAGUE OF METROPOLITAN HARRISBURG 25 North Front Street Harrisburg, Pa., 17101 (717) 234-5925 FAX: (717) 232-4985 Contact Kelly Sloane URBAN LEAGUE OF PHILADELPHIA Urban Education Foundation 4601 Market Street, 2nd Floor/South Wing Philadelphia, Pa., 19139 (215) 476-4040 FAX: (215) 476-4667 Contact: Herb Brunson County: Philadelphia only URBAN LEAGUE OF PITTSBURGH, INC. One Smithfield Street Pittsburgh, Pa., 15222-2222 (412) 261-1130 FAX: (412) 261-5207 Contact: Lee Fuqua County: Allegheny only WARREN-FORREST COUNTIES ECONOMIC OPPORTUNITY COUNCIL 1209 Pennsylvania Avenue West, P.O. Box 547 Warren, Pa., 16365 (814) 726-2400 FAX: (814) 723-0510 Contact: Doris Swan Counties: Forrest and Warren YWCA OF CARLISLE 301 G Street Carlisle, Pa., 17013 (717) 243-3818 FAX: (717) 243-3948 Contact Pamela Line Counties: Cumberland, Franklin and Perry txf ti Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~ti~~i~t, ~t ~rtin6,~tf~,~r b ~` - ~~~. ~t3. ~s~F,c= Cif ,,;G : ~~c?tF~ .,,. _. ,~ ~ ~ ~ ; v 2~I~;~;'ii~,ir 21 I'i i~~ .Ss US Bank NA Case Number vs. Scott A Macak (et al.} 2010-2571 SHERIFF'S RETURN OF SERVICE 04/20/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: The United States of America c/o U.S. Attorney's Office, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lackawanna County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04/26/2010 05:10 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 26, 2010 at 1710 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Scott A. Macak, by making known unto Justin Macak, Son of defendant at 707 Brenton Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. DEN FRY, PUTYr~ 04/26/2010 05:10 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 26, 2010 at 1710 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Judith F. Macak, by making known unto Justin Macak, Son of defendant at 707 Brenton Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. ~~ ~ J~ DENP IS FRY, D PU 05/25/2010 Lackawanna County Return: And now May 4, 2010 at 1447 hours I, John J. Szymanski, Sheriff of Lackawanna County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: The United States of America c/o U.S. Attorney's Office by making known unto Sharon Jones, Administrative Assistant for The U.S. Attorney's Office at 235 North Washington Avenue, Scranton, PA 18503 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $87.00 May 25, 2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY SO ANSWER"'S~, ~• RON r R ANDERSON, SHERIFF (c} GountySuite ~henff, ieieosoft, inc- SHERIFF'S RETURN - REGULAR CAS$ NO: 2010-00350 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA U.S. BANK N.A VS U.S. OF A C/O DAVID PASCOLINI Deputy Sheriff of Lackawanna County County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT MORT. FORE. was served upon THE U.S.A. C/O U.S. ATTY. the DEFENDANT at 0002:47 Hour, on the 4th day of May 2010 at 235 NORTH WASHINGTON AVENUE SCRANTON, PA 18503 by handing to SHARON JONES,ADMIN. ASSNT. AT a true and attested copy of COMPLAINT MORT. FORE. together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing .00 Service ~ ~ ~~ .00 Affidavit .00 Surcharge .00 ~~ ~~ So Answers: John Szymanski, Sheriff Deputy Sheriff 00/00/0000 Sworn and Subscribed to before me this ~ day of ~o~o A.D. Notary ~ iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL~AN~ CIVIL DIVISION C - " A r~, -z ~ ~-; .- - c_._ c _.~. ter " PRAECIPE FOR WRtT OF EXECUTION t-'= ' ~ ~~ U.S. Bank N.A., as Trustee for the registered ~ -r Caption: holders of Structured Asset Investment Loan = ( )Confessed Judgment `r r ~a; ; Trust, Mortgage Pass-Through Certificates, (~) Other ~ ~ v ti Series 2006-4, by its attorney in fact, Ocwen -- Loan Servicing, LLC • File No. 10-2571 Civil Term 9~frc~- Costs v. Amount Due $226, 271.31 Scott A. Macak and Judith F. Macak Interest From 6/30/2010 at the Qer diem rate of a~ $44.00 until judgment is paid in 'L7~,P r r,,;tP.i c+z+o~_„~- n ,..,ori,.,, ,. ~~ r r ~ ,, ~.~._,,,_.,s ~tty's Comm ful: TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland for debt, interest and costs, upon the following described property of the defendant(s) County, 707 Brenton Street, Shippensburg, PA 17257 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date li Signature: s ~ a~J.o pp p'rt'Y Print Name: 8~. oo eBF 4a•oo ~ Address: I~•00 '' a •so '' ~ai4~5O - Pn Am Attorney for: X01.00 ~Ue~ • 50 (.C, c*'' IR 581 +2# ayyy~o ~eu~- ~d8a,u~.~t Telephone: _ KEVIN P. DISICiN, ESQUIRE - STERN AND EISENBERG LLP - THE PAVII..ION - 261 OLD YORK ROAD, SUITE 410 - JENxINTOwN, PENNSYLVANIA 19046 - TELEPHONE: (215) 572-8111 - FACSIIvIII.E: (215) 572-5025 - (COUNSEL FOR PLAINTIFF) Supreme Court ID No.: ~ ~~ ~~~ (over) ALL that certain tract of land in the Borough of Shippensburg, Cumberland County, Pennsylvania, being Lot Nos. 2Z and 23 of Block "P' of a plan of Bellwood Heights as recorded in the Office of the Recorder of Decds in Plan Book No. 5. Title is Vested in: Scott A Macak and Judith F Macak, husband and wife, by that Deed dated 12/27/2002 and recorded on 12/30/2002 in book 255 at page 761 of the Cumberland County Records, PA f ~r RICHARD F. STERN, ESQUIRE r »r.r ~~~ TF'C Y 5 4 , .' i' ~ r:T'"RY STEVEN K. EISENBERG, ESQUIItE KEVIN P. DI$KIN, ESQUIRE '} 210 JUt7 JD ~~ ~~ STERN AND EISENBERG LLP THE PAVILION CUP~J _:-, ~ ~'..~ul'~~ 261 OLD YORK ROAD, SurrE 410 yr + ~~ ~~~ ~, r r., ~~' ~ d`>' ~y~''~ vit~ JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215)572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC v. Scott A. Macak and Judith F. Macak and The United States of America, c/o U.S. Attorney's Office Civil Action: 10-2571 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 707 Brenton Street, Shippensburg, PA. 1. Name and address of Owner(s) or Reputed Owner(s): Scott A. Macak and Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 2. Name and address of Defendant(s) in the judgment: Scott A. Macak and Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. Bank, N.A. c/o Shapiro and Denardo, LLC, Attorney's 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 J:\Supriya\Sales\Cumberland\Ocwen.Macak.06. l O.doc 4. Name and address of the last recorded holder of every mortgage of record: Dwight L. Martin and Joanne S. Martin 18321 Dry Run Road West Spring Run, PA 17262 5. Name and address of every other person who has any record lien on the property: The United States of America, c/o U.S. Attorney's Office William J. Nealon Federal Building 235 N. Washington Avenue Scranton, PA 18501 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 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: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 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. Date: June 29, 2010 STERN AND EISENBERG LLP COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL BY: -=-~ HELEN CAPASSO, Not~y Publ'~c Jenkintown Boro., Montgomery County K. EISENBERG tvly Commission Expires October 21, 2012 CHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff Sworn to and subscribed before me this Day of _ , 2010. Notary Public J:\Supriya\Sales\Cumberland\Ocwen.Macak.06.10. doc RICHARD F. STERN, ESQUIItE STEVEN K. EISENBERG, ESQUIItE KEVIN P. DISxIN, ESQUIIZE STERN AND ELSENBERG LLP THE PAVILION 261 OLD YoRx ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMII.E: (215) 572-5025 (COUNSEL FOR PLAIN'T'IFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC v. Scott A. Macak and Judith F. Macak and The United States of America, c/o U.S. Attorney's Office Civil Action: 10-2571 CIVIL TERM MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Scott A. Macak and Judith F. Macak and The United States of America 707 Brenton Street, William J. Nealon Federal Building Shippensburg, PA 17257 235 N. Washington Avenue Scranton, PA 18501 Your real estate at 707 Brenton Street, Shippensburg, PA is scheduled to be sold at Sheriff s Sale on Wednesday, December 8, 2010 at 10:00 A.M., at Sheriff s Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $226,271.31 obtained by U.S. Bank N.A. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. J:\Supriya\Sales\Cumberland\Ocwen.Macak.06. l 0.doc 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 on page two 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 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 by calling Stem and Eisenberg LLP, telephone (215) 572-8111. 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 Stern and Eisenberg LLP, telephone (215) 572-8111. 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 on a date specified by the Sheriff no later than 30 days after the sale date. 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 date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\Sales\Cumberland\Ocwen.Macak.06.10. doc RICHARD F. STERN, ESQUIItE STEVEN K. EISENBERG, ESQUIItE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUrrE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTffF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC v. Scott A. Macak and Judith F. Macak and The United States of America, c/o U.S. Attorney's Office Civil Action: 10-2571 CIVIL TERM MORTGAGE FORECLOSURE RE: PREMISES: 707 Brenton Street, Shippensburg, PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, December 8, 2010 at 10:00 A.M. at Sheriff s Office, Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of $226,271.31 together with interest, costs (and such other allowed amounts) thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s) who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. June 29, 2010 STERN D EISENBERG LLP EN K. EISENBERG CHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\Supriya\Sales\Cumberland\Ocwen.Macak.06.10. doc ALL that certain pact of land in the Borough of Shippensburg, Cumberland County, Pennsylvania being Lot Nos. 22 and 23 of Block "P' of a plan of Hallwood Heights as recorded in the Office of the Recorder of Deeds in Plan Book No. 5. Title is Vested in: Scott A Macak and Judith F Macak, husband and wife, by that Deed dated 12/27/2002 and recorded on 12/30/2002 in book 255 at page 761 of the Cumberland County Records, PA RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIItE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) ~,..1i1~ '~~ THE ~',::°_~'. ,_~;`1r=i1=,RY ZOID JIJ~~ 30 ~s~ Z~ 22 V~{`v~foszt_ ~ ~_~~~~~ ~jr-n ~1 ~t--~ ,` i s l ~ p IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC v. Scott A. Macak and Judith F. Macak and The United States of America, c/o U.S. Attorney's Office Defendant(s) Civil Action: 10-2571 CIVIL TERM MORTGAGE FORECLOSURE CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. STERN AND EISENBERG LLP ~~~ BY: /STEVEN K. EISENBERG ~j RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\Supriya\Sales\Cumberland\Ocwen.Macak.06.10. doc RICHARD F. STERN, ESQUIRE F1L~-., .~.;-~;~. ~ r ~r t~r~',~~'(''If`!I.)~t~~ `~~ ~C STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE rypp tt k r~ ~ s~ ~~ ~ ~ ~ ~ Z Z STERN AND EISENBERG LLP U i THE PAVILION 261 OLD YORK ROAD, SUITE 410 Ci~~~~~ .~.~ ,~ -'`~;~`~~ JENKINTOWN, PENNSYLVANIA 19046 C~~G ws ~~~ ~J~-U~~'~1~ TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC v. Scott A. Macak and Judith F. Macak and The United States of America, c/o U.S. Attorney's Office Civil Action: 10-2571 CIVIL TERM MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: U.S. Bank N.A. 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 (Plaintiff) Scott A. Macak and Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 and The United States of America, c/o U.S. Attorney's Office William J. Nealon Federal Building 235 N. Washington Avenue Scranton, PA 18501 (Defendant(s)) STERN AND EISENBERG LLP BY: VEN K. EISENBERG CHARD F. STERN KEVIN P. DISKiN Attorney for Plaintiff J:\Supriya\Sales\Cumberland\Ocwen.Macak.06.10. doc RICHARD F. STERN, ESQUIItE ~ ~ F~l.~~~_"j}~;-fi,'F STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE Za I O ~,Gr~ ~ O ~f~ ~: ~1 STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 ~~~,j~ - , , ,~;~~-~, JENKINTOWN, PENNSYLVANIA 19046 ~~~,,"~y;`~i~ k,,~1 TELEPHONE: (215) 572-8111 FACSIMII.E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC v. Scott A. Macak and Judith F. Macak and The United States of America, c/o U.S. Attorney's Office Civil Action: 10-2571 CIVIL TERM MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Scott A. Macak and Judith F. Macak and The United States of America 707 Brenton Street, William J. Nealon Federal Building Shippensburg, PA 17257 235 N. Washington Avenue Scranton, PA 18501 Your real estate at 707 Brenton Street, Shippensburg, PA is scheduled to be sold at Sheriff s Sale on Wednesday, December 8, 2010 at 10:00 A.M., at Sheriff s Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $226,271.31 obtained by U.S. Bank N.A. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. J:1Supriya\Sales\Cumberland\Ocwen.Macak.06. l0.doc 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 on page two 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 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 by calling Stern and Eisenberg LLP, telephone (215) 572-8111. 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 Stern and Eisenberg LLP, telephone (215) 572-8111. 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 on a date specified by the Sheriff no later than 30 days after the sale date. 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 date of filing of said schedule. You should check with the Sheriff s Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:lsupriya\Sales\Cumberland\Ocwen.Macak 06.10. doc AI.L that certain tract of land in the Borough of Shippensburg, Cumberland County, PeI7nsylYHllla, being Lot Nos. 22 and 23 of B10C1C "I" of a plan of Hallwood Heights 85 recorded in the Office of the Recorder of Deeds in Plan Book No. 5 _ Title is Vested in: Scott A Macak and Judith F Macak, husband and wife, by that Deed dated 12/27/2002 and recorded on 12/30/2002 in book 255 at page 761 of the Cumberland County Records, PA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2571 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK N. A., as Trustee for the registered holders of STRUCTURED ASSET INVESTMENT LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4, by its attorney in fact, OCWEN LOAN SERVICING, LLC, Plaintiff (s) From SCOTT A. MACAK and JUDITH F. MACAK (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 $226,271.31 L.L. $.50 Interest from 6/30/10 at the per diem rate of $44.00 until judgment is paid in full Atty's Comm Due Prothy $2.00 Atty Paid $219.50 Other Costs Plaintiff Paid Date: 6/30/10 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: KEVIN P. DISKIN, ESQUIRE Address: THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIItE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) a3 :~ GUIr'i~~ _ ~.Uiv"iY ,- ~, r IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC v. Scott A. Macak and Judith F. Macak and The United States of America, c/o U.S. Attorney's Office Defendant(s) Civil Action Number: 10-2571 CIVIL TERM MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Scott A. Macak and Judith F. Macak, for failure of said Defendant(s) to file a responsive pleading to the Complaint within twenty (20) days of service thereof. PRINCIPAL BALANCE .......................................................$209,519.08 INTEREST accrued thru 04/14/2010 of ...............................$5,866.93 Interest after 04/14/2010 shall accrue at the per diem rate of $44.00.) LATE CHARGES accrued thru 04/14/2010 of .....................$233.22 Late charges after 04/14/2010 shall accrue at the monthly rate of $77.74.) J:\Supriya\Sales\Cumberland\Ocwen. Macak.06.10. doc ESCROW ADVANCES ........................................................$1,115.07 FEES BILLED .......................................................................$121.50 LEGAL COSTS .....................................................................300.00 ATTORNEY'S FEE ..............................................................$7,000.00 LESS SUSPENSE (If any) .....................................................($1,461.71) Sub-Total Through Date of Complaint ............................$222,694.09 ACCRUED INTEREST after 04/14/2010 shall accrue at the per diem rate of $44.00 to June 29, 2010 ..............................................$3,344.00 ACCRUED LATE CHARGES Late charges after 04/14/2010 accruing at the monthly rate of $77.74 through June 29, 2010 ................................................$233.22 TOTAL DUE THROUGH DATE OF REQUEST FOR JUDGMENT .................................................................$226,271.31 BY: Date: June 29, 2010 STERN AND~IS~lERG LLP l RI ARD F. STERN, ESQUIRE VEN K. EISENBERG, ESQUIRE EVIN P. DISKIN, ESQUIRE Attorney for Plaintiff ~ 1~•0o Pp Am/ c~ p 581 ~,~ ay~~7o N,o~hCe J: \Supriya\Sales\Cumberland\Ocwen.Macak.06. l0.doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC v. Scott A. Macak and Judith F. Macak and The United States of America, c/o U.S. Attorney's Office Civil Action: 10-2571 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF MONTGOMERY I, the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, Defendants' 1. Last-known address is Scott A. Macak and Judith F. Macak 707 Brenton Street, Shippensburg, PA 17257 2. Is over the age of twenty-one. and The United States of America William J. Nealon Federal Building 235 N. Washington Avenue Scranton, PA 18501 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL BY. HELEN CAPASSO, Notary Public -~--~ Jenkintown Boro., Montgomery County ~". ~'om~~~asion Expires October 21, 2012 Attorney for Plaintiff Sworn to and subscr' ed before me this Day of , 2010. Notary Public STERN ND EISENBERG LLP BERG ~J~ISEN CHARD F. STERN KEVIN P. DISKiN J:\Supriya\Sales\Cumberland\Ocwen. Macak.06.10. doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIIvIILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC v. Scott A. Macak and Judith F. Macak and The United States of America, c/o U.S. Attorney's Office Defendant(s) Civil Action: 10-2571 CIVIL TERM MORTGAGE FORECLOSURE CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that aten- day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. No. 237.1., a true and correct copy of which is attached hereto. STERN AND EISENBERG LLP BY: N K. EISENBERG CHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\Supriya\Sales\Cumberland\Ocwen.Macak.06.10. doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW U.S. Bank, N.A., , As Trustee, By its attorney in fact, Ocwen Loan Servicing, LLC, successor VS. SCOTT A. MACAK AND JUDITH F. MACAK AND THE UNITED STATES OF AMERICA To: Scott A. Macak 707 Brenton Street Shippensburg, PA 17257 Date of Notice: June 2, 2010 NO. 10-2571 Civil Term Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYAND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINSTYOU. 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:] YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR 4TH FL., CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 STERN AND E SENBERG LLP J:\ANGELA\TEN DAY\CUMBERLAND\OCWEN.MACAKCUMBERLAND.IO.DAY.6.10.DOC BY: ' EVIN P ISK Attorney for intiff The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #86727 r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I . D. #83727 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass- Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC v. Scott A. Macak and Judith F. Macak and The United States of America, c/o U.S. Attorney's Office Defendant(s) ~, ~., C:.~ d1 .•-' ~'++' Y~ t Cr'; Z J ., ,~.. _..~v.. ,~~ o ~, c°~ .~,. ~„ °'d `ri --s. ~ti ~a c~ -~, r"1 Y°~ ~;'~M 5 .~ _~ 6 e.. i~ ~ d -°-i ~"'~ -~- -., cj ~~ -~- .~= ~ c' r ~~' .. yv' G1 ~ ~*,'k Civil Action Number: 10-2571 CIVIL TERM CERTIFICATE OF SERVICE I, KEVIN P. DISKIN, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriffs Sale was mailed to the Defendants by certified mail, return receipt requested on October 5, 2010. I further certify that notice of the Sheriff s Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on October 5, 2010, as evidenced by copy of certificates of mailing attached. STERN AND EISENBERG LLP BY: KEVIN P. 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S~P~~ ~T~ .tttt~ ~~s~~ ~~PiTNlY BOWLS 2 1 P .p ~~Z. ~ ~~ 00307 782 OCT 052010 AILED ROM ZIP CODE 1 9046 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY n CIVIL ACTION - LAW v Mme' KEVIN P. DISKIN, ESQ. .. M STERN & EISENBERG, LLC -? o CD I The Pavilion = 261 Old York Road, Suite 410 =C") 3 Jenkintown, PA 19046 fir' (215) 572-8111 I.D. #86727 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC V. Scott A. Macak and Judith F. Macak and The United States of America, c/o U.S. Attorney's Office Civil Action Number: 10-2571 CIVIL TERM PRAECIPE TO VACATE JUDGMENT WITHOUT PREJUDICE TO THE PROTHONOTARY: Subsequent to the entry of judgment, Plaintiff, U.S. BANK, N.A., as trustee, directs the Prothonotary to vacate the judgment without prejudice to the continuing validity of the note and mortgage and without prejudice to Plaintiff's right to institute a separate proceeding on the note or mortgage against the Defendant as a result of any default. STERN AND EISENBERG _4W . /1"" N P. DISKIN Attorney for Plaintiff 12/8/2010 C11.1_? ?P'-?.0at V'*a 59. rd-US IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW KEVIN P. DISKIN, ESQ. <, c r., STERN & EISENBERG, LLC ? co = ? The Pavilion = = ? t- - 261 Old York Road, Suite 410 - MQ Jenkintown, PA 19046 ° Qca (215) 572-8111 o-n I.D. #86727 3>c M U.S. Bank N.A., as Trustee for the registered " holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC V. Civil Action Number: 10-2571 CIVIL TERM Scott A. Macak and Judith F. Macak and The United States of America, c/o U.S. Attorney's Office Defendant(s) ORDER TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE To the Prothonotary: Kindly mark the above captioned matter as settled, discontinued and ended, without prejudice, upon payment of your costs only. STERN AND EISENBERG B VIN P. DISKIN Attorney for Plaintiff 12/8/2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff V?tt1?ttn of l.Ittfl?tpf?? (r 4 i7 mTn !tpDEr 13 itl: t? -,MBERLANo COL-11 t Y , E i1gsYLVAtjt j Jody S Smith Chief Deputy Richard W Stewart Solicitor US Bank NA VS. Scott A Macak (et al.) Case Number 2010-2571 SHERIOPS RETURN OF SERVICE 08/17/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: United States of America, but was unable to locate therr in his bailiwick. He therefore dep4tized the Sheriff of Lackawanna County, Pennsylvania to serve the within Real Estate Writ, Notice oflSale and Description according to law. 10/18/2010 11:55 AM - Noah Cline, Deputy 81heriff, who being duly sworn according to law, states that on 10/18/10 at 1400 hours, he posted a true cop of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott A. and Judith F. Macak, located at, 707 Brenton Street, Shippensburg, Cumberland County, Pennsylvania according to law. 11/01/2010 06:01 PM - Deputy William Cline,' being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Scott Macak, who accepted as "Adult Person in Charge" for Judith F Macak at 707 Brenton Street, Borough of Shippensburg, Shippensburg, PA 17257, Cumberland County. 11/01/2010 06:03 PM - Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Scott A Macak at 707 Brenton Street, Borough of Shippensburg, Shippensburg, PA 17257, Cumberland County. 11/05/2010 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of LackawannaCounty upon Sharon Jones, Administrative Assistant, who accepted for United States of America, at 235 North Washingto Avenue, Scranton, PA 18503. So Answers: David Pascolini, Deputy Sheriff. 11/18/2010 As directed by Kevin P Diskin, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 12/08/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Diskin on 11/18/10. SHERIFF COST: $758.68 SO ANSWERS, December 10, 2010 RON R ANDERSON, SHERIFF .?.00 Pei- cc, . V G-- pd, 7fjO34 ici CountySuite Sheriff. Ieleosoft. Inc. -S;3-1 RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTowN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC V. Scott A. Macak and Judith F. Macak and The United States of America, c/o U.S. Attorney's Office Defendant(s) Civil Action: 10-2571 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 707 Brenton Street, Shippensburg, PA. 1. Name and address of Owner(s) or Reputed Owner(s): Scott A. Macak and Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 2. Name and address of Defendant(s) in the judgment: Scott A. Macak and Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 3. Name and last known address pf every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. Bank, N.A. c/o Shapiro and De>tardo, LLC, Attorney's 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 J:\Supriya\Sales\Cumberland\Ocwen.Macak.06.10. doc 4. Name and address of the last recorded holder of every mortgage of record: Dwight L. Martin and Joanne S. Martin 18321 Dry Run Road West Spring Run, PA 17262 5. Name and address of every other person who has any record lien on the property: The United States of America, c/o U.S. Attorney's Office William J. Nealon Federal Building 235 N. Washington Avenue Scranton, PA 18501 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 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: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 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 unswom falsification to authorities. Date: June 29, 2010 STERN AND EISENBERG LLP rNly MMONWEALTH OF PENNSYLVAN A NOTARIAL SEAL ??? Ir: HELEN CAPASSO, Notary K. ' enkintown Boro., Montgomery County EISENBERG Commission Expires October 21,201 CHARD F. STERN KEVIN P. DISKIN Sworn to and subscribed before me this Day of , 2010!r :;?4 kn Notary Public Attorney for Plaintiff J:\Supriya\Sales\Cumberland\Ocwen.Macak 06.10.doc RICHARD F. STERN, ESQUIItE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DIsKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTowN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT F COMMON PLEAS OF PENNSYLVANIA t CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for thej registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in falct, Ocwen Loan Servicing, LLC V. Scott A. Macak and Judith F. Macak and The United States of America, c/o IU.S. Attorney's Office Civil Action: 10-2571 CIVIL TERM MORTGAGE FORECLOSURE S SALE OF REAL To: Scott A. Macak and Judith IIIF. Macak 707 Brenton Street, Shippensburg, PA 17257 and The United States of America William J. Nealon Federal Building 235 N. Washington Avenue Scranton, PA 18501 Your real estate at 707 Brenton Street, Shippensburg, PA is scheduled to be sold at Sheriffs Sale on Wednesday, December 8, 2010 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $226,271.31 obtained by U.S. Bank N.A. again$t you. OF OWNER'S RIGHTS 3 PREVENT THE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you; pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was imroperly 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. J:\Supriya\Sales\Cumberland\Ocwen.Macak.06. 10. doc 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 on page two 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 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 by calling Stern and Eisenberg LLP, telephone (215) 572-8111. 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 Stern and Eisenberg LLP, telephone (215) 572-8111. 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 on a date specified by the Sheriff no later than 30 days after the sale date. 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 date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\Sales\Cumberland\Ocwen.Macak.06. l0.doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DIsKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTowN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC V. Scott A. Macak and Judith F. Macak and The United States of America, c/o U.S. Attorney's Office Civil Action: 10-2571 CIVIL TERM MORTGAGE FORECLOSURE RE: PREMISES: 707 Brenton Sheet, Shippensbure, PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, December 8, 2010 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of $226,271.31 together with interest, costs (and such other allowed amounts) thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s) who is/are also the real owner of said premises. I have discovered that you may have, a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and!, the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. June 29, 2010 STERN D EISENBERG LLP BY: - 7? EN K. EISENBERG CHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\Supriya\Sales\Cumberland\Ocwen.Macak.06. I O.doc ALL that certain tract of: land in the Borough of Shippeasburg, Cumberland County, Pennsylvania, being Lot Nos. 22 and 23 of Block "r' of a plan of Hallwood Heights as recorded in the Office of the Recorder of Me& in Plan Book No. 5. Title is Vested in: Scott A Macak and Judith F Macak, husband and wife, by that Deed dated 12/27/2002 and (recorded on 12/30/2002 in book 255 at page 761 of the Cumberland County Records PA r RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACsnvm.E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT F COMMON PLEAS OF PENNSYLVANIA Z CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for thel,registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Ce>ttificates, Series 2006-4, by its attorney in fact, Ocwen Loan Servicing, LLC V. Scott A. Macak and Judith F. Macak and The United States of America, c/o U.S. Attorney's Office To: Scott A. Macak and Judith F. Macak 707 Brenton Street, Shippensburg, PA 17257 Civil Action: 10-2571 CIVIL TERM MORTGAGE FORECLOSURE C OF REAL PROPERTY and The United States of America William J. Nealon Federal Building 235 N. Washington Avenue Scranton, PA 18501 Your real estate at 707 Brenton Street, Shippensburg, PA is scheduled to be sold at Sheriffs Sale on Wednesday, December 8, 2010 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the courtjudgment of $226,271.31 obtained by U.S. Bank N.A. against you. NOTICE OF OWNER'S RIGHTS Y BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable alto ey's fees due. To find out how much you must pay, you may call Stem and Eisenberg LLP, telep one (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was impoperly 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 J:\Supriya\Sales\Cumberland\Ocwen.Macak.06. I Moe 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 on page two 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 TAKE PLACE. 1. If the Sheriffs Sale is not stopp d, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg LLP, telephone (215) 572-8111. 2. You maybe able to petition the! Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 4. If the amount due from the buy?r is not paid to the Sheriff, you will remain the owner of the property as if the sale never happe ed. 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 on a date specified by the Sheriff no later than 30 days Oer the sale date. 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 date of filing of said schedule. You should check with the Sheriff s Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 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 TAE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU Do NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\Sales\Cumberland\Ocwen.MacakA6. I O.doc ALL that certain tract of, land in the Borough of Shippensburg, Cumberland County, Pennsylvania, being Lot Nos. 22 and 23 of Block "r' of a plan of Hallwood Heights as recorded in the Office of the Recorder of Dlee& in Plan Book No. 5. Title is Vested in: Scott A Macak and Judith F Macak, husband and wife, by that Deed dated 12/27/2002 and, recorded on 12/30/2002 in book 255 at page 761 of the Cumberland County Records PA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-2571 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and'costs due U.S. BANK N. A., as Trustee for the registered holders of STRUCTURED ASSET INVESTMENT LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4, by its attorney in fact, OCWEN LOAN SERVICING, LLC, Plaintiff (s) From SCOTT A. MACAK and JUDITH F. MACAK (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 $226,271.31 L.L. $.50 Interest from 6/30/10 at the per diem rate of $44.00 until judgment is paid in full Atty's Comm % Due Prothy $2.00 Atty Paid $219.50 Other Costs Plaintiff Paid Date: 6/30/10 David D. Buell, Pr thonotary (Seal) By; Deputy REQUESTING PARTY: Name: KEVIN P. DISKIN, ESQUIRE Address: THE PAVILION 261 OLD YORK ROAD, (SUITE 410 JENKINTOWN, PA 19016 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Borough, Cumberland County, PA, Known and numbered as, 707 Brenton Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: uct? Real Estate Coordinator s V 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. L' a Mane Coyne, E itor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-2571 Civil US Bank NA, as Trustee for the Registered Holders of Structured Asset INvestment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, by its Attorney in fact, Ocwen Loan Servicing LLP VS. Scott A. Macak, Judith F. Macak, The United States of America c/o U.S. Attorney's Office Atty.: Kevin P. Diskin ALL that certain tract of land in the Borough of Shippensburg, Cum- berland County, Pennsylvania, being Lot Nos. 22 and 23 of Block "1" of a plan of Hallwood Heights as recorded in the Office of the Recorder of Deeds in Plan Book No. 5. BEING the same premises which Dwight L. Martin and Joanne S. Mar- tin, husband and wife, by deed dated December 27, 2002 and recorded on December 30, 2002, in Book 255, at Page 761, of the Cumberland County Records, PA, granted and conveyed unto Scott A. Macak and Judith F. Macak, husband and wife. PARCEL NO. 32-33-1871-012. 78, The Patriot-News Co. 2020 Techno4ogy Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 the Patrl'otwXews Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 2010-2571 Civil Term US Bank NA, as Trustee for tt the Registered Holders of ructured Asset INvestment oan Trust, Mortgage pass. hrough Certificates, Series 2006-4, by Its Attorney In fact, Oewen Loan Servicing LLP Vs Scott A Macak Judith F Macak The United States of America C/o U.& Attorney's Office Atty: Kevin P Diskin ALL that certain tract of land in the Borough of Shippensburg, Cumberland County, Pennsylvania, being -Lot Nos. 22 and 23 of Block 1" of a plan of Hallwood Heights as recorded in the Office of the Recorder of Deeds in Plan Book No. 5. BEING the same premises which Dwight L. Martin and Joanne S. Martin, husband and wife, by deed dated December 27, 2002 and recorded on December 30, 2002, in Book 255, at Page 761, of the Cumberland County Records, PA, granted and conveyed unto Scott A. Macak and Judith F. Macak, husband and wife. PARCEL NO. 32-33-1871-012. This ad ran on the date(s) shown below: I '-N Sworn to and sub cribed be ore me this 1Q day of Novtrrlber, 2010 A.D. Notary Public COMMONWEAL -n4 OF PENNSYLVANIA i Notarial Seal Sherrie L Kisner, Notary public Lower Paxton 71vp-1 Dauphin County My Commission Expires Nov. 26, 2011 Member, Fennsy6vanla ASSOciatlnn of Notarjas 10/15/10 10/22/10 10/29/10