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Home My WebLink About10-2860GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF E?y OF 7'? 2C 10 Ai ;t 29 Al II t y WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. JIMN41E PHILLIPS Mortgagor and Record Owner 131 Heron Way Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant Term No. ??1o D ;.x WIL AC77ON: MORTGAGE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO $ 9'.t.. 00 p4.atf C1C', 5- ?-$11(0 ( Ls /e_v? ?t_q/ 3 a `l LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL IN THE COURT'OVtOMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON TNFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICTNA PUEDE PROVEERE TNFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.t)hfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.Dhiladelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbeeklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 9709017C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3, 4650 Regent Blvd, Irving, TX 75063. 2. The names and addresses of the Defendant is JIMMIE PHILLIPS, 424 Brook Circle, Mechanicsburg, PA 17050, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. Defendant, THE UNITED STATES OF AMERICA, is named a Defendant pursuant to 28 U.S.C. Section 2410, and Plaintiff requests that a judicial sale be held of the Property. 4. On July 28, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book#: 1960, Page 1798. The mortgage has been assigned to: WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES SERIES 2006-OPT3 by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 5. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 6. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for December 01, 2009 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 7. The following amounts are due to Plaintiff on the Mortgage: Principal Balance .................................................................................. $164,213.68 Interest from 11/01/2009 through 04/10/2010 at 5.0000% .......................$3,646.05 Per Diem interest rate at $22.50 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$8,210.68 Late Charges from 12/01/2009 to 04/10/2010 .............................................$225.72 Costs of suit and Title Search (Estimated) ...................................................$900.00 NSF Charges ...................................................................................................$40.00 Recoverable Balance ........................................................................................$9.60 Monthly Escrow amount $289.54 $177,245.73 8. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 9. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 10. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 11. THE UNITED STATES OF AMERICA, the above named Defendant, has a lien filed of record, set forth in Exhibit `_C_' which is attached and made part of this Complaint. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $177,245.73, together with interest at the rate of $22.50, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the 1W ga a and Sheriff s Sale of the Property. By: k.UEDl3M M[ AF R & MCKEEVER Michael cKeever P ID 6129 Gary McCafferty Pa. 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 ATTORNEYS FOR PLAINTIFF Prepared By and Return To: Referral Department GOLDBECK McCAFFERTY & McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-825-6344 0022011761 GMM File Number: 97090FC Parcel ID#: 29-15-1252-140 ASSIGNMENT OF MORTGAGE SAND CANYON CORPORATION F/K/A OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION (Assignor), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3. WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006.OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 (Assignee), all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed JEMMM PHILLIPS, Mortgagor(s); to OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION. Bearing date of. July 28,2006; Amount Secured: $131,100.00; Recorded on July 31, 2006; in Book 1960 Page 1798; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 131 Heron Way, Carlisle, PA 17013 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee,("Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, by its appropriate corporate officers, has executed and sealed with its corporate seal this Assignment of Mortgage on this 2.3 day of APRV ?- 2010. SAND CANYON CORPORATION F/K/A OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION (Affix Corporate Sea]) (SEAL) Name: Kathy S Title: Assistant Somdary (SEAL) Name: ? Whiba Title: Assistant We Ptraident ss: STATE OF Florida I COUNTY OF Duval BE IT REMEMBERED, that on this Zj day of lie: L , 2010, before me, the subscriber, a Notary Public personally appeared Kathy Smith AAW Cstohm wry,. SAND CANYON CORPORATION F/K/A OPTION ONE MORTGAGE-CORPORATION. A CAL)FORNIA CORPORATION - officers of Assignor, who I am satisfied are the persons who signed the within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue of a Resolution of its Board of Directors. r? Notary Public My commission expires: d1-3Q-Z013 I hereby certify the address of the Assignee is: VU'1rV"1g'1 63 ?- ?'pe.1l, ?X 750/9 NOTARY PL MtC-STATE OF FLORIDA : Brenda L. Frazier Commission #DD89WI Expires: APR. 30, 2013 BONDED TABU ATLANTIC Soh"DV%Co, INC. 0022011761 Case #: 97090FC ExhibitA SCHEME C LEGAL DEWR1PTtON Commihnant Number: 5100-464 File Number: 8100 184 ALL THAT CERTAIN tract or pwW of land siiuele in the Township of North Middlebn, Cumberland County, Pannq*ania, bounded and described as Mum. b Wit BEfi-- 10 at & point on tha weslem right-otwey lined Havon Way, d thownt! t comer of Lot No. 14-C on the hams naller described Final Subdivision Plan; thence a" then rhortwn line of said Lot No. 14-C, North 54 dspraaa 45 mh Aw 52 seoorhda West, a dislanoa d 125.001est b a pohht on the eastern Nne of WW now or tbrnwly of Rldwd J. Kdvaldc; thsnee aiong dw easI i line of acid KohvaAdc lend 00 Caro tAtp Wortp land now or lomrnedy of Karen L. Chastrud, NOO 35 dogma 14 mhw ft 08 seconds Etl, a dial- - d 20.00 fast to a point at the southwest carrier of Lot No. 14-E on the hemindler des , I Final Subdivision PhwK thence Wong the soul em Nne of sand Lot No. 14-E, South 54 Jig 11 1 45 minuft 52 seconds East, a dlslthrhoe of 128.00 lset to a point on the western dghtoftW Ine of Henn Vft tlhsncs Mang the wastom righRaPaW line of Now Way. SouM 35 degrees 14 mbuAm 0!! seconds Viieat, a diMarhoe o F20.00 leant to a point at the nor0ueast comer of Lot No. 14-C on the herehhaller desoibed final Subdivision Plan, the point and Place of 8001111111118. SIMSWART TITLE 8K t 90OPG 1808 OVAaANTY COMPAN? ?hibit 0 AU201 February 17, 2010 11111111111pi Jimmie Phillips 131 Heron Way Carlisle, PA 17103 February 17, 2010 ACT 91 H TAKE ACTIO OME F011 I FORESAVE CLOSURE 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. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The HOMEOWNER'S EMERGENCYMORTGA GE ASSISTANCE PROGRAM (HE") may he able to help to save your home This notice explains how the program works. To see if HEMAP can help, you must MEET WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency tollfree at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO 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): Jimmie Phillips PROPERTY ADDRESS: 131 Heron Way Carlisle, PA 17103 LOAN ACCT. NO.: ORIGINAL LENDER: OPTION ONE MORTGAGE CORPORATION CURRENT LENDER/SF,RVICER: American Home Mortgage Servicing, Inc. Page two 0022011761 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to face meeting. Advise your lender immediately ofyour intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION - 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 YOUARE CURRENTLY PROTECTED BY THE FILING OFA PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED ASANATTEMPT TO COLLECT THE DEBT. (Ifyoµ have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) Page three 0022011761 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: 131 Heron Way, Carlisle, PA 17103 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 12/01/2009: (b) Late charge(s): (c) Other charge(s): NSF and Advances (d) Less: Credit Balance (e) Total amount required as of 02/16/2010: $3,690.27 $169.29 $20.00 $0.00 $3,879.56 HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) DAYS from the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,879.56, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: American Home Mort ggage Servicing, Inc. 1525 S. Beltline Rd. Coppell, TX 75019 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of date of this Notice, the lender intends to exercise its right 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 attorneys 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.Ifyou cure the default within the THIRTY (30) DA Yperiod, 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) DAYperiod 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 Sheris Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five (5) 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 lender. Page four HOW TO CONTACT THE LENDER Name of Lender: American Home Mortgage Servicing, Inc. Address: 1525 S. Beltline Rd. Coppell, TX 75019 Telephone Number: 1-877-304-3100 Fax Number: 1-866-497-1263 Contact Person: Brandon Wirth, Glenda Mathews E-mail Address: Brandon.wirth@ahmsi3.com, Glenda.mathews@ahmsi3.com 0022011761 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s 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 not 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 MAYALSO HAVE THE RIGHT. ° TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) ° TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ° TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. ° TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING A GENCIES SERVING YOUR COUNTY CAN BE FOUND ON PAGES 5-7. American Home Mortgage Servicing, Inc. is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address below within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you verification of the debtor a copy of any judgment entered against you. 2) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, American Home Mortgage Servicing, Inc. American Home Mortgage Servicing, Inc. 1525 S. Beltline Rd. Coppell, TX 75019, 1-877-304-3100 * Indicates Counties Serviced ACOm Housing Corporation 846 North Broad Street Philadelphia, PA 19130 (215) 765-1221 'Bucks, Chester, Delaware, Montgomery, Philadelphia Action Housing Inc 425 6th Avenue, Suite 950 Pittsburgh, PA 15219 (412) 281-2102 'Allegheny, Beaver, Butler, Fayette, Greene, Washington, Westmoreland Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 3341518 'Adams, Cumberland, Franklin, York Advocates for Financial Independence 1805 S Broad Street, Suite 1 B Philadelphia, PA 19145 (215) 389-2810 *Philadelphia Advocates for Financial Independence 202 East Hinkley Avenue Ridley Park, PA 19078 (215) 389-2810 'Delaware Allegheny County Acorn 5907 Penn Avenue, Suite 300 Pittsburgh, PA 15206 (412) 4416551 'Aleghheny American Credit Counseling Institute 21 S Church Street West Chester, PA 19380 (888) 212-6741 'Chester American Credit Couseling Institute 526-528 Dekalb Street Norristown, PA 19401 (610) 971-2210 (886) 212-6741 *Montgomery, Delaware American Credit Counseling Institute 530 W Street Road, Suite 201 Warminster, PA 18974 (215) 444-9429 (888)212.6741 'Bucks, Montgomery, Philadelphia American Credit Counseling Institute 937 North Hanover Street Pottstown, PA 19460 (888) 212-6741 *Berks, Bucks, Montgomery American Credit Counseling institute 229 East Chestnut Street Coatesville, PA 19320 (BB8) 212-6741 'Chester, Lancaster American Financial Counseling Services 871 N. Easton Road Glenside, PA 19038 (267) 228-7903 'Mifflin American Financial Counseling Services 405 West Germantown Pike Norristown, PA 19403 (267) 228-7903 'Mifflin, Montgomery American Financial Counseling Services 2880 Bergey Road Suite 4 Hatfield, PA 19440 (267)228.7903 'Barks, Chester, Montgomery American Financial Counseling Services 175 Strafford Avenue, Suite One Wayne, PA 19067 (610) 971-2210 (888) 212-6741 'Bucks. Chester. Delaware, Motgomery, Philadelphia American Financial Counseling Services 906 Pew Avenue Wyomissing, PA 19610 (267) 228-7903 (800) 490-3039 'BekS American Financial Counseling Services 871 N. Easton Road Glenside, PA 19038 (267) 228-7903 *Montgomery American Financial Counseling Services 1917 Welsh Road Philadelphia, PA 19115, PA 19610 (267) 228-7903 *Bucks, Montgomery, Philadelphia American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 'Adams, Franklin, York American Red Cross of Chester 1729 EdgemaM Avenue Chester, PA 19013 (610) 8741484 'Chester, Delaware APM 2147 Nortk Sixth Street Philadelphia, PA 19122 (215) 2356788 *Chester, Delaware, Philadelphia, Bucks Armstrong CO Commun ty Action Agency 124 Ar msdale Road, Suite 211 Kittanning, PA 16201 (724) 548-3405 'Armstrong Base, Inc. 447 South Prince Street Lancaster, PA 17603 (717) 392-5467 'Lancaster Blair County Community Action Agency 2100 6th Avenue, Suite 102 P.O. Box 1833 Altoona, PA 16602 (814) 946-3651 'Blair Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 4535744 *Crawford, Erie, Warren Bucks County Housing Group 200 West Bridge Street Morrisville, PA 19067 (866)866.0280 `Bucks Bucks County Housing Group 2324 Second Street Pike, Suite 17 VNightstown, PA 18940 (866) 866-0280 'Bucks Bucks County Housing Group 470 Old Dublin Pike Doylestown, PA 18901 (866) 8660280 *Bucks Bucks County Housing Group 349 Durham Road Penndel, PA 19047 (866) 866-0280 *Bucks Bucks County Housing Group 515 West End Blvd Quakertown, PA 18951 (866) 866-02W 'Bucks Budget Counseling Center 247 North Fifth Street Reading, PA 19601 (610) 375-7866 *Berks, Chester, Schuylkill Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 (215) 877-1157 'Chester, Delaware, Philadelphia Catholic Social Services Saint Catherine Manor 5 Knox Road Scranton, PA 18505 (570)558.3019 *Wyoming, Wayne, Bucks, Lackawanna, Monroe, Philadelphia CCCS of Delaware Valley 1230 New Rodgers Road, Suite Ft Bristol, PA 19007 (215) 563-5665 'Bucks CCCS of Delaware Valley 1777 Sentry Parkway W, Suite 200 Blue Bell, PA 19422 (215) 5615665 *Montgonery CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 (215) 5635665 'Chester CCCS of Delaware Valley Marshal Building 790 E Market St, Suite 170 West Chester, PA 19382 (215) 5635665 'Chester, Bucks CCCS of Delaware Valley Catholic Social Services Building 7340 Jackson Street Philadelphia, PA 19136 (215) 553-5665 *Bucks, Philadelphia CCCS of Delaware Valley One Cherry Hill, Suite 215 Cherry Hill, PA 06002 (215) 5635665 'Philadelphia CCCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (610) 821.4011 (800) 837-9815 `Berks. Bucks, Carbon, Lancaster, Lehigh, Northhampton, Schuylkill CCCS of Northeastern PA 201 Basin Street, Suite 6 WIliamsport, PA 17701 (570) 3236627 'Centre, Clinton, Lycomirg, Northumberland, Union CCCS of Northeastern PA 202 W Hamilton Avenue State College, PA 16801 (814) 238-3668 'Blair, Centre, Clearfield, Clinton, Huntingdon, Juniata, Mifflin COCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 (570) 602-2227 *Bradford, Carbon, Columbia, Lackawanna, Lyconkng, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 411 Main Street, Suite 104 Stroudsburg, PA 18360 (570) 420-8980 *Bradford, Carbon, Monroe, Pike, Wayne CCCS of Western PA 1 North Gate Square #2 Garden Center Dr Greensburg, PA 15601 (886) 511-2227 'Fayette, Greene, Indiana, Somerset, Washington, Westmoreland CCCS of Western PA 5 Gover Hill Road Dallastown, PA 17313 (888) 511-2227 'Fulton, Crawford, Lancaster * Indicates Counties Serviced CCCS of Western PA 2000 Lirglestown Road Harrisburg, PA 17102 (888) 511-2227 'Adams, Cumberland, Dauphin, Franklin, Perry, Synder, York Chester Community Improvement Project 412 Avenue of the States P.O. Box 541 Chester, PA 19016 (610) 87643663 'Chester, Delaware, Montgomery, Philadelphia Diversified Community Service Dixon House 1920 South 20th Street Philadelphia, PA 19145 (215) 336-3511 'Bucks, Chester, Delaware, Philadelphia Indiana Co. Community Action Prog. 827 Water Street Box 187 Indiana, PA 15701 (724)465-2657 'Armstrong, Cambria, Clearfield, Indiana, Jefferson, Westmoreland CCCS of Western PA 312 Chestnut Street, Suite 227 Meadville, PA 16335 (888)511-2227 .Lawrence CCCS of Western PA 41 East Chestnut Street Washington, PA 15301 (888) 511-2227 'Vyestrrlorelad CCCS of Western PA 4402 Peach Street Ede, PA 16509 (888) 511-2227 'Crawford, Ede, Warren CCCS of Western PA 524 Franklin Avenue Aliquippa, PA 15001 (888) 511-2227 'Cambria CCCS of Western PA 917 A Logan Boulevard Altoona, PA 16602 (888) 511-2227 *Armstrong, Bedford, Blair, Cambria, Centre, Clearfield, Huntingdon, Juniata, Mifflin, Union CCCS of Western PA Pullman Commerce Cella 112 Hollywood Or Butler, PA 16001 (888)511-2227 'Butler, Clarion, Jefferson, Mercer, Venango CCCS of Western PA River Park Commons 2403 Sidney Street Pittsburgh, PA 15203 (888) 511-2227 *Allegheny Center for Family Services, Inc. 213 Canter Street Meadville, PA 16335 (814) 33743450 'Columbia, Venango Centro Pedro Clevr, Inc 627 West Ede Avenue Philadelpia, PA 19140 (215) 227-7111 *Philadelphia Comm. On Econ Opportunity of Luzeme Co. 163 Amber Lane Wllkes-Barre, PA 18702 (570) 826-0510 *Carbon, Lu zeme, Schuylkill, Wyoming Community Action Commission of capital Region 1514 Deny Street Harrisburg, PA 17094 (717) 232-9757 'Cumberland, Dauphin, Franklin, Perry, Synder Community Action Committee of the Lehigh Valley 1337 East Fifth Street Bethlehem, PA 18015 (610) 691-5620 *Berks, Carbon, Lehigh, Monroe, Noif iampton Community Action Development Comm - CADCOM 113 E Main Street Norristown, PA 19401 (610) 27743363 'Montgomery Communty Action Southwest 150 W Beau Street, Suite 304 Washington, PA 15301 (724) 225-9550 'Monroe Community Action Southwest 58 E Greene Street Waynesburg, PA 15370 (724) 852-2893 'Allegheny, York, Fayette, Greene, Washington, Westmoreland Comm. on Econ. Opportunity of Lu zeme 163 Amber Lane WlkesBam3, PA 18702 (570) 826-0510 (800) 822-0359 *Wyoming Congreso 216 West Somerset Street Philadelphia, PA 19133 (215) 763-8870 -Philadelphia Council of Spanish Speaking Organization 705.09 North Frnlin St Philadelphia, PA 19123 (215) 6273100 -Philadelphia Credit Counseling Carrier 832 Second Street Pike Rictboro, PA 18954 (215)396-1880 'Bucks Fair Housing Partnership of Greater Pittsburgh, Intercultural Family Services Inc Inc. 4225 Chestnut Street 2840 Ubenty Ave., Suite 205 Philadelphia, PA 19104 Pittsburgh, PA 15222 (215) 386-1298 (412) 391-2535 'Philadelphia Fayette Co. Community Action Agency Inc 137 North Beeson Avenue Uniontown, PA 15401 (724) 437-80W 'Fayette, Somerset FOB CDC 1201 West Only Avenue Philadelphia, PA 19141 (215) 549-8755 'Bucks, Chester, Delaware, Philadelphia Garfield Jubilee Associates 5138 Penn Avenue Pittsburgh, PA 15224 (412) 665-5200 `Allegheny Germantown Settlement 5538 Wayne Avenue Bldg C Philadelphia, PA 19144 (215) 849-3104 'Bucks, Chester, Delaware, Montgomery, Philadelphia Korean Comm. Develop. Services Center 6055 North 5th Street Philadelphia, PA 18505 (215) 276-8830 -Philadelphia Lawrence County Social Services, Inc. 241 West Grant Street P.O. Box 189 New Castle, PA 16103 (724) 668-7258 'Lawrence Liberty Resources 714 Market Street, Suite 100 Philadelphia, PA 19106 (215) 634-2000 -Philadelphia Loveship, Inc. 2320 North 5th Street Harrisburg, PA 1711 (717) 232-2207 'Cumberland, Dauphin, Perry Greater Erie Cornnun. Action Committee 18 Wiest 9th Street Erie, PA 16501 (814) 459-0581 *Crawford, Erie, Venango, Warren HACE 167 W Allegheny Ave., 2nd Floor Philadelphia, PA 19140 (215) 42643025 *Bucks, Chester, Delaware, Philadelphia Hispanic Alliance for Community Advancement 2740 North Front Street Philadelphia, PA 19133 (215) 667-8932 .Monroe Haling Assoc. of Delaware Valley 658 North Watts Street Philadelphia, PA 19123 (215) 978-0224 *Philadelphia, Monroe Housing Opportunities of Beaver co. 320 College Ave", Unit 1 Beaver, PA 15009 (724) 728-7511 Teaver, Lawrence Housing Partnership of Chester County 41 West Lancaster Avenue Downingtown, PA 19335 (610)516.1522 *Chester, Delaware, Montgomery Lyoom-Clrnn Co Comm fo Comm Action 2138 Lincoln Street P.O. Box 3568 Wlliamspot, PA 17703 (570) 326-0587 *Centre, Clinton, Lykxxmrtg, Union Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 'Adams, Cumberland, Franklin, Fulton, Perry Media Fellowship House 302 South Jackson Street Media, PA 19063 (610) 565-0434 *Chester, Delaware Mon Valley Unemployment Committee 1800 Wiest St., 3rd Floor Homestead, PA 15120 (412) 462-9962 'Allegheny, Washington, Westmoreland Mt. Airy, USA 6703 Germantown Ave., Suite 200 Philadelphia, PA 19119 (215) 844-8021 'Philadelphia Nazareth Hoeing Services 301 Bellevue Road Pittsburgh, PA 15229 (412) 931-6996 'Allegheny * Indicates Counties Serviced Neighborhood Housing Services of Reading 213 N 5th St, Suite 1030 Reading, PA 19601 (610) 372-8433 'Barks Neighborhood Housing Services, Inc. 710 5th Avenue, Suite 1000 Pittsburgh, PA 15219 (412)281-9773 *Alegheny New Kensignton Community Development 2515 Frankford Avenue Philadelphia, PA 19125 (215) 427-0350 'Warren The NORCAM Group 4200 Crawford Avenue Suite 200 Northern Cambria, PA 15714 (814) 9484444 'Cambria, Clearfield Northam Tier Community Action Corp. 135 West 4th Street P.O. Box 389 Emporium, PA 15834 (814)4861161 *Cameron, Elk, Mckean, Potter Northwest Counseling Service 5001 Nord Broad Street Philadelphia, PA 19141 (215) 324-7500 -Bucks, Chester, Delaware, Montgomery, Philadelphia Nueva Esperanza 4261 North 5th Street Philadelphia, PA 19140 (215) 324-0746 'Philadelphia Opportunity Inc. 301 Fast Market Street York, PA 17403 (717) 424-3645 *MOrdgomery The Partnership CDC 4020 Market Street, Suite 100 Philadelphia, PA 19104 (215) 652-1612 'Monroe Pennsylvania Housing Finance Agency 2275 Swallow Hill Rd., Bldg 200 Pittsburgh, PA 15220 (412) 429-2842 'Alleghherty PHFA 211 North Front Street Harrisburg, PA 17110 (800-) 342-2397 *Cumberland, Dauphin Philadelphia Council for Comm. Advmnt. 100 N 17th St, Suite 600 Philadelphia, PA 19103 (215) 567-7803 (800) 930.4663 'Chester, Delaware, Montgomery, Philadelphia Philadelphia Senior Corder 509 South Broad Street Philadelphia, PA 19147 (215) 5465879 -Philadelphia Schuylkill Community Action 225 N. Centre Street Pottsville, PA 17901 (570) 622-1995 'Barks, Carbon, Lebanon, Lehigh, Luzeme, Northumberland, Schuylkill Shenargo Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (724) 9815310 'Crawford, Lawrence, Mercer South Philadelphia H.O.M.E.S. 1444 Point Breeze Avenue Philadelphia, PA 19146 (215) 334-4430 'Philadelphia Southwest Cornmtnity Development Corp. 6368 Paschall Avenue Philadelphia, PA 19142 (215) 729-0800 'MOrdgortkery St. Martin Center 1701 Parade Street Erie, PA 16503 (814) 4525113 'Crawford, Erie, Venango. Warren Tableland Services Inc. 535 East Main Street Somerset, PA 15501 (814) 445-9628 'Cambria, Fayette, Somerset, VVastrnoreland Tabor Community Services 308 E King Street, Suite 1 Lancaster, PA 17602 (717) 3975182 (800)7W5062 'Chester, Lancaster, Lebanon The Trehab Center of Northeastern PA 10 Public Avenue P.O. Box 366 Montrose, PA 18801 (570) 278-3338 (800) 982-4045 'Susquehanna The Trehab Center of Northeastern PA 115 SR 92S Tuckhartrock, PA 18557 (570) 836-6840 (800) 982-0045 'Wyoming The Trehab Center of of Northeastern PA 1225 Main Street Honesdale, PA 18431 (570) 253-8941 (800) 982-4045 'Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming The Trehab Center of Norheastem PA 144 E East Avenue Wellsboro, PA 16901 (570) 7245252 (800)982-4045 'Tioga The Trehab Center of Nottheastem PA German Street P.O. Box 389 Dushore, PA 18614 (570) 928.9567 (800) 982-4045 'Sullivan The Trehab Corder of Northeastern PA The Enterprise Carder 703 S. Elmer Ave., Suite M-6 Sayre, PA 18840 (570)888.0412 (800) 982-4045 'Bradford United Comumurties Southeast Philadelphia 2029 South 8th Street Philadelphia, PA 19148 (215) 467-8700 'Philadelphia United Neighborhood Carriers of Northeastern PA 425 Alder Street Scranton, PA 18505 (570) 346-0759 'Lackawanna, Wyoming, Wayne, Luzeme Urban League of Philadelphia 1818 Market Street Philadelphia, PA 19103 (215) 5615070 *Bucks, Delaware, Philadelphia Urban League of Philadelphia 610 Wood Street Pittsburgh, PA 15229 (412)931-69% -Allegheny Voices for Independence 1107 Payne Avenue Erie, PA 16503 (814) 874-0064 (800)838-9890 'Ene WarterWorest Counties Economic Opportunity 1209 Pennsylvania Ave W. P.O. Box 547 Warren, PA 16365 (814) 7262400 'Forest, Waren West Oak Lane CDC 6259 Limeldln Pike Philadelphia, PA 1914 (215) 224-0680 'Monroe Exhibit C LAND RECORDS OF AMERICA 1525 Walnut Hill Lane Irving, TX 75038 4/16/10 FORECLOSURE REPORT LRA # 2010044284 (800) 678-8016-Phone (800) 678-8017-Fax Order #211765170 THIS SEARCH COVERS THE PERIOD TO: 3/29/10 Premises: Use legal description from deed attached 131 HERON WAY CARLISLE, PA 17103 CUMBERLAND County, PA PARCEL NUMBER(S): TAX ASSESSMENT(s) 29-15-1252-140 $98,430.00 OWNER OF RECORD Current Owner: JI MIE PHILLIPS Previous Owner: ANDREW C. SPEARS AND JENNIFER L. SPEARS Deed; Dated: 7/28/06 and recorded: 7/31/06 Book: 275 Page: 4587 ESTATE DOCUMENTS: NONE OF RECORD FEDERAL LIENS: 617012810 1122110 US TREASURY DEPARTMENT VS 1000 LIBERTY AVE. PITTSBURGH, PA 15222 BANKRUPTCIES: NONE OF RECORD DELINQUENT TAXES: NONE OF RECORD MUNICIPAL LIENS: 2009-02288 NORTH MIDDLETON AUTHORITY VS C/O CHRISTOPHER S. RICE TEN EAST HIGH STREET CARLISLE, PA 17013 $55,897.83 JIMMIE L. PHILLIPS 131 HERON WAY CARLISLE, PA 17013 4/13/09 $573.61 JIMMIE PHILLIPS 131 HERON WAY CARLISLE, PA 17013 MORTGAGE: $131,100.00 From: JIMMIE PHILLIPS To: OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION Dated: 7/28/06 Recorded: 7/31/06 Book: 1960 Page: 1798 SUIT FOR FORECLOSURE: NONE OF RECORD JUDGMENTS: 2008-08018 MIDDLETON ESTATE COMMUNITY 122 HERON WAY CARLISLE, PA 17013 10/7/08 $372.78 VS JIMMIE PHILLIPS 131 HERON WAY CARLISLE, PA 17013 JUDGMENTS: 2009-07229 10/21/09 $8,079.46 BUREAU OF COMPLIANCE VS JIMMIE PHILLIPS DEPT 280946 131 HERON WAY HARRISBURG, PA 17128 CARLISLE, PA 17013 MECHANICS CLAIMS: NONE OF RECORD OTHER CLAIMS AND LIENS: NONE OF RECORD REMARKS: NONE (PAGE 1 OF 2) .~ In the Court of Common Pleas of Cumberland County WFJ,LS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006- OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd No. 10-2860 CIVIL Irving, TX 75063 - ~ ~ A Plaintiff ~, vs. L JIMMIE PHILLIPS~~`.~ (Mortgagor(s) and Record Owner(s)) ~~ N 131 Heron Way {i`~ ~ Carlisle, PA 17013 --~ ~ ~ -~; Defendant(s) THE UNITED STATES OF AMERICA ~ ~ ~'i ~~ ~ PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOS OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against JIMMIE PHILLIPS by default for want of an Answer and THE UNITED STATES OF AMERICA in accordance with the signed consent judgment. i Assess damages as follows: $179,129.8 Debt Interest from 06/08/10 to Date of Sale per diem at $22.50 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or d to the party against whom judgment is to be entered and to his attorney of record, if any, a8er the default occ an t 1 t ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 By: GOLDB MCCAFFERTY & MCKEEVER Michael cKeever Pa. ID 56129 Gary McCafferty Pa. 386 Lis Lee Pa. ID 78020 stma Murtha Pa. ID 61858 avid Fein Pa ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff AND NOW o`. ~ oZl~ ~~ ,Judgment is entered in favor of WELLS FARGO BANK, N. ., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 and against JIMMIE PHILLIPS by default for want of an Answer and THE UNITED STATES OF AMERICA in accordance with the signed consent judgment and damages assessed in the sum of $179,129.81 as per the above certification. ~~~ov ~d ~~`~s3~-yy/ ~~ ot~{3q$ j'lr~iCC •r•cJJe.G~ Rule of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff '' vs. No. 10-2860 CIVIL JIMMIE PHILLIPS (Mortgagors and Record Owner(s)) 131 Heron Way ', Carlisle, PA 17013 Defendant(s) THE UNITED STATES OF AMERICA THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT III,I OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. '~ NOTICE III' Notice is given that a judgment in the above-captioned matter has been entered against you. David D. Buell Prothonotary By: Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 -Mellon Independence Center 701 Mazket Street Philadelphia, PA 19106 215-627-1322 97090FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 28, 2p10 TO: JIlVIMIE PHII..LIPS PHIILIPS, .TIMMIE 424 Brook Circle Mechanicsburg, PA 17050 WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006- OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 Plaint vs. JIlVIMIE PHILLIPS (Mortgagor(s) and Record Owner(s)) 131 Heron Way Carlisle, PA 17013 THE UNTIED STATES OF AMERICA Defendant(s) TO: JIMMIE PHILLIPS 424 Brook Circle Mechanicsburg, PA 17050 In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. 10-2860 CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSON LY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CL S SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTIC , A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPER OR OTHER ]MPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. lF YOU DO OT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU TH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 97090FC 'HIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 28, 2p10 TO: JIMINIIE PHII~LIPS PHII.,LIPS, JIlVIIIZIE 131 Heron Way Carlisle, PA 17013 WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006- OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. JIlVIl~~iIE PHILLIPS (Mortgagor(s) and Record Owner(s)) 131 Heron Way Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant(s) TO: JIMMIE PHILLIPS In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. 10-2860 CIVIL 131 Heron Way Cazlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII.ED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CL IMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTIC , A JUIX'MENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERT OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU TH INFORMATION ABOUT HIltING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. i i CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Leine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 97090FC TffiS LAW FIItM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 28, Z'~10 TO: THE UNTTED STATES OF AMERICA Suite 220, Federal Building 228 Walnut Street Harrisburg, PA 17108 WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006- OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. JIMMIE PHILLIPS (Mortgagor(s) and Record Owners}) 131 Heron Way Carlisle, PA 17013 THE UNITED STATES OF AMERICA TO: Defendant(s) Suite 220, Federal Building 228 Walnut Street Harrisburg, PA 17108 In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. 10-2860 CIV1L IMPORTANT NOTICE ', YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSON LY OR BY ATTORNEY AND FII.E IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CL S SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTI , A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPER OR OTHER ]MPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU TH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION li 2 Liberty Avenue Carlisle, PA 17013 ', LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and ~' correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. II 1. That the above named Defendant, JIMMIE PHILLIPS, is about unknown years of age, that Defendant's last known residence is 131 Heron Way Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: Michelle Clarkson GOLDBECK MCCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. JIMMIE PHILLIPS (Mortgagor(s) and Record owner(s)) 131 Heron Way Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 10-2860 CIVIL Defendant(s) THE UNITED STATES OF AMERICA ~' ORDER FOR JUDGMENT ~~, Please enter Judgment in favor of WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPTS TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CER T S, SERIES 2006-OPT3, and against JIMMIE PHILLIPS for failure to file an Answer and THE UNITED ST AMERICA in accordance with the signed consent judgment., in the sum of $179,129.81. By: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 vid Fein Pa. ID 82628 omas Puleo Pa. ID 27615 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TR SS T BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OP 5 gent Blvd Irving, TX 75063 and that the name(s) and last known address(es) of the Defendant(s) is/are JI IL S, 131 Heron Way Carlisle, PA 17013; By: GOLDBE MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 stina Murtha Pa. ID 61858 vid Fein Pa. ID 82628 omas Puleo Pa. ID 27615 Attorneys for Plaintiff ASSESSMENT OF DAMAGES TO'THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $164,213.68 Interest from 11/01/2009 through $4,951.05 06/07/2010 Reasonable Attorney's Fee $8,210.68 Late Charges $225.72 Costs of Suit and Title Search $900.00 I Escrow Payments Due 2 X $289.54 $579.08 NSF Charges $40.00 Recoverable Balance $9.60 $ 1 By: GO CCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 'i istina Murtha Pa. ID 61858 '! avid Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff I S'f AND NOW, this o~ ~ day of ~,1~r.~- ~ , 2010 damages are assessed as above. Pro Pro y GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. McKEEVER, ESQUIRE Attorney I.D.#56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK,. N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 Plaintiff v. JIMMIE PHILLIPS AND UNITED STATES OF AMERICA Defendants STIPULATION ACTION OF MORTGAGE FORECLOSURE Term o No. 10-2860 CIVIL ~' .A.? ~~ N ~C.% ~ ~" ~" d? It is hereby stipulated and agreed by and between WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SER[ES 2006-OPT3, plaintiff, and the defendant, United States of America, as follows: 1. That the premises referred to in the PlainfrfPs Complaint is owned by the defendant{s), JIMMIE PHILLIPS. 2. The plaintiff filed an action in mortgage foreclosure to the above number and term, and named as defendant{s), JIMMIE PHILLIPS. 3. The parties hereby agree that the United States of America shall, and hereby is, named as a party in the above action, in accordance with 28 U_S_C. § 2410 et seq. 4. The United States of America hereby accepts service of the complaint and IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW waives .its right:~to file an answer or other responsive pleading thereto, and waives any objection it may have to the judgment entered against the defendant(s). 5. The United States of America has 1 tax lien(s) against the property which is/are subject to the action of mortgage foreclosure dated January 22, 2010, 617012810, totaling $55,897.83, both entered in the Prothonotary's office of Cumberland County Pennsylvania. 6. That the Federal Tax Liens described in Exhibit "A" to this Stipulation are junior in ', time to the Plaintiffs mortgage set forth in paragraph three (3) of plaintiff's Complaint. 7. That the Defendant, United States of America, agrees #a the entry in this action ', of a judgment in favor of the Plaintiff and against the United States of America for foreclosure i and sale of the mortgaged property. 8. That the defendant, United States of America, is not indebted to the plaintiff_ 9. That the aforesaid premises shall be sold at a judicial sale, notice of which was served on the defendant, United States of America. 10. That the judicial sale of said property shall discharge the Federal Tax Lien described in Exhibit "A". 11. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due the United States shall be sent to the Internal Revenue Service, PO Box 1267, Harrisburg, PA 17108-1267. The check shall be made payable to "United States Treasury° and shall include the name and social security number of the taxpayer. 12. That the defendant, United States of America, preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). ', 13. The parties to this Stipulation shall bear their own respective costs in this proceeding. d' to ~~ .. Dated: May 5. 2010 ~ ~- ', BY= Michael T. McKeever, Esquire Attorney for Plaintiff DENNIS C. PFANNENSCHMIDT United States Attorney Dated: ~ ~ '~ f BY: ~~ ~ ~l-w f' "vim MELISSA A. SWAUGER ASSISTANT U.S. ATTORNEY ATTORNEY for THE UNITED STATES of AMERICA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-2860 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 20006-OPT3 Plaintiff (s) From JIMMIE PHILLIPS and THE UNITED STATES OF AMERICA (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$179,129.81 L.L.$.50 Interest FROM 06/08/10 TO DATE OF SALE PER DIEM AT $22.50 Atty's Comm Atty Paid $,~A~.50 Due Prothy $2.00 Other CostsTO BE ADDED Plaintiff Paid Date: JUNE 21, 2010 (Seal) Deputy REQUESTING PARTY: Name THOMAS PULEO, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER, SUITE 5000 -MELON INDEPENDENCE CENTER, 701 MARKET STREET, PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 27615 t Michael T. McKeever Attorney I.D.#56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPTS 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. JIMMIE PHILLIPS Mortgagor(s) and Record Owner(s) 131 Heron Way Carlisle, PA 17013 Defendant(s) THE UNITED STATES OF AMERICA 2D10 JUN 21 AM 8: 52 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 10-2860 CIVIL PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 06/08/10 to Date of Sale per diem at $22.50 (Costs to be added) sa...N.p d P ~.. •~~~-~ ~c~ S3 ~9'~l ~ f ~... 0 0 Ga5d"`s ~ ~i sT 7y.o0 ~` << s ~y.o~ `' Z. S~ P ~ `~~ ~.sy3 9~Y PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RC.P 3180-3183 ,,~,~ `~~ ?Hr P~?h~'~(~`~~RY $179,129.81 By: ~ GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 avid Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff ~ ~ , G 0 'D w ~- Ca ~',S6 7J~~ ~,L d C, z a0 ~~ U Q ~ o U a~io~o(r, Ho0 ~a z~ O U 'a," H z U w Q~H OAU w~~ w ~w~ Q ~ ~ U ~U~1H ~Wy a QH¢~Oo 0 ¢~~o z¢WW z~~W Q o~~~ ~ H F" a w~d0 ~o W N O 3 z 0 ~" ~. ~. F^ U W ~ O cn W a ~3° o ~ ~ a ~ a ~ d ° . W~x~ a 3 ~, a ~ ~ U f~ ~ o W a a~"i a~ U U ~. ~ ~ ~, ~U a~ U ~ " ~ o ~~~aM ~ ~~~ V ,~ ~ a u a>~ a~~ ~ ~ N ~~~ uo a °' o ,~ o o a~ C7 All that certain, tract or parcel of land situate in the Township of North Middleton, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Beginning at a point on the western right-of--way lone of Heron Way, at the northeast corner of Lot No. 14-C on the hereinafter described Final Subdivision Plan; thence along the Northern line of said Lot No. 14-C, North 54 degrees 45 minutes 52 seconds West, a distance of 125.0 feet to a point on the eastern lone of land now or formerly Richard J. Kovalick; thence along the eastern lone of said Kovalick land and continuing along land now of formerly of Karen L. Chestnut, North 35 degrees 14 minutes 08 seconds east, a distance of 20.00 feet to a point at the southwest corner of Lot No. 14-E on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 14-E, South 54 degrees 45 minutes 52 seconds East, a distance of 125.00 feet to a point on the western right-of--way line of Heron Way; thence along the western right-of--way lone of Heron Way, South 35 degrees 14 minutes 08 seconds West, a distance of 20.00 feet to a point at the northeast corner of Lot No. 14-C on the hereinafter described Final Subdivision Plan, to the point of beginning. Parcel# 29-15-1252-140 Property address: 131 Heron Way, Carlisle, PA 17013 Goldbeck, McCafferty & McKeever Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff 1QIa Jl1N 2 ! ~~} g: S1 WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. JI1~~IlVIIE PHILLIPS Mortgagor(s) and Record Owner(s) 131 Heron Way Carlisle, PA 17013 Defendant(s) THE UNITED STATES OF AMERICA CERTIFICATION AS TO THE SALE OF REAL PROPERTY NO. 10-2860 CIVIL I hereby certify that I am the attorney of record for the Pla' n is action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has comp ' the provisions of the Act. ~,. By: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 'stina Murtha Pa. ID 61858 avid Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. JIlVIMIE PHILLIPS (Mortgagor(s) and Record Owner(s)) 131 Heron Way Carlisle, PA 17013 THE UNITED STATES OF AMERICA 2010 JUlV 2 I AM $: ~~. ~.~i..~,y'~~ fZY ~'E~Jf1f~.W IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 10-2860 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 ~, WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3, Plaintiff in the above action, by and through authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ ofl, execution was filed the following information concerning the real property located at: 131 Heron Way Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): JIMMIE PHILLIPS 131 Heron Way Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: JIMMIE PHILLIPS 131 Heron Way Carlisle, PA 17013 THE UNITED STATES OF AMERICA Suite 220, Federal Building 228 Walnut Street Harrisburg, PA 17108 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 f PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 NORTH MIDDLETON AUTHORITY C/O Christopher S. Rice Ten East High Street Cazlisle, PA 17013 MIDDLETON ESTATE COMMUNITY 122 Heron Way Cazlisle, PA 17013 BUREAU OF COMPLIANCE Deppartment 280946 Harrisburg PA 17128 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. I, 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 131 Heron Way Cazlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: June 7, 2010 GOLDBECK McCAFFERTY & Mc EVER BY: Michelle Clarkson 10-2860 CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 ~~fi ~~~~r AF7Y 1810 JUN 21 ,~~ 8: S,~ ~~~~~~ ~~ Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. JIlVIlVIIE PHILLIPS Mortgagor(s) and Record Owner(s) 131 Heron Way Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendants CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-2860 CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PHII,LIPS, JIMMIE JIMMIE PHILLIPS 424 Brook Circle Mechanicsburg, PA 17050 Your house at 131 Heron Way, Carlisle, PA 17013 is scheduled to be sold at Sheril~s Sale on Wednesday, December 08, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $179,129.81 obtained by WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County To prevent this Sheriffs Sale you must take immediate action: 10-2860 CIVIL 1. The sale will be cancelled if you pay to WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPTS, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a shaze of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) aze filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Cazlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Cazlisle, PA 17013 717-243-9400 10-2860 CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website: http://www. hp fa.or~/consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a,goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 97090FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. 10-2860 CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attomey I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff F~~~`~GT~RY 1410 ,JUN 2 J Aft 8: F~~~ WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. JIlVIMIE PHILLIl'S Mortgagor(s) and Record Owner(s) 131 Heron Way Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendants CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-2860 CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THE UNITED STATES OF AMERICA Suite 220, Federal Building 228 Walnut Street Harrisburg, PA 17108 Your house at 131 Heron Way, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 08, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $179,129.81 obtained by WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County To prevent this Sheriffs Sale you must take immediate action: 10-2860 CIVIL 1. The sale will be cancelled if you pay to WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.orgJforeclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Cazlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Cazlisle, PA 17013 10-2860 CIVIL 717-243-9400 10-2860 CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real as~x. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionngoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 97090FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff FILO-OFFICE cl` rI j? OTHONOTARy 2010 0EC - 7 Illy 11: 4Z CUMBERLAND COUNT., PENNSYLVANIA WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 VS. JIMMIE PHILLIPS 131 Heron Way Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 10-2860 CIVIL, THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, in support of its Motion for Substituted Service, represents as follows: Plaintiff is the holder of a first mortgage upon the premises 131 Heron Way, Carlisle, PA, 17013, hereinafter, the "mortgaged premises". 2. Defendant, JIMMIE PHILLIPS, is the mortgagor and real owner of the mortgaged premises. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), the undersigned hereby certifies that no judge has ruled on any other matters in this case. They further certify that they are not aware that the Defendant has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendant to request his concurrence. 4. The last known address of Defendant, JIMMIE PHILLIPS, is 131 Heron Way, Carlisle, PA, 17013 as set forth in Paragraph 2 of the Complaint. 5. The Sheriff has been unable to effect service of Notice of Sheriff Sale upon Defendant, JIMMIE PHILLIPS, at his last known address after numerous attempts. As per the Sheriff, service was attempted at 131 Heron Way, Carlisle, PA, 17013 but there was no answer. 6. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, JIMMIE PHILLIPS. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve Notice of Sheriff Sale upon Defendant, JIMMIE PHILLIPS, by posting the premises and certified and regular mail to the Defendant's last known address. Respectfully submitted, Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff ProVest, LLC Affidavit of Good Faith Investigation Client provided information: File Number: 97090FC Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Subject Name: Jimmie Phillips a/k/a JIMMIE LEWIS PHILLIPS Property Address: Street: 131 Heron Way City: Carlisle State: PA Skip Results: Last Known Street: 131 Heron Way City: Carlisle Death Records: Date of Birth' State: PA Zip 17013 ProVest File Number: 2746226 Dates: As of 11/12/2010 Phone: Zip: 17013 8747 As of 11/12/2010, the Social Security Administration has no death record on rite for Jimmie Phillips a/k/a JIMMIE LEWIS PHILLIPS. Social Security Number Search Completed. Employment Seam: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for Jimmie Phillips a/k/a JIMMIE LEWIS PHILLIPS as 131 Heron Way , Carlisle, PA 17013 8747. Department of Motor Unable to obtain motor vehicles records in the State of Pennsylvania. Vehicle Records: Public Licenses (Pilot, Search performed provided no information. Real Estate, etc): Voter Registration The County Voters Registration Office has no listing for Jimmie Phillips a/k/a JIMMIE LEWIS Information: PHILLIPS. National Postal Has no change for Jimmie Phillips a/k/a JIMMIE LEWIS PHILLIPS from 131 Heron Way , Address Search: Carlisle, PA 17013 8747. Military Search: There was no active military status found. Comments: 1) 717-245-0135: Called possible phone number listed to the defendant, there was no answer. 2) 410-367-0256: Called possible neighbor, Francisco Robinson, there was no answer. 3) 443-708-1990: Called possible relative, Windy Woodlon, there was no answer. On 11/12/2010, I, Julie Vazquez being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. Affiant name: Juli uez Date: 11/12/2010 SubwribW and swum to bekre me, Notary Publid LEELHKL t?aerriaio4?tl Db tITt39B' f?>epiiee trtmch 1i'+2Ri8 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA i WELLS FARGO BANK NATIONAL ASSOCIATION AS CASE and/or DOCKET N6410-2860 CIVIL TRUSTEE FOIL *W 200&OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET BACKED i Sheriff's Sale Date: 12J8R I CERTIFICATES, SERIES 2006-OP73; et seq. Plaintiff(Petitioner) V. ! JIMMIE PHILLIPS; et al. Defendant (Respondent) AFFIDAVIT OF SERVICE r Complaint r Sammons Other. NOTTC'E OF I'F'S SALE OF REAL "OPERTY I, RYAN MARKS, certify that I am eighteen years of age or older and that I am not a party to the action nor i? employee nor relative of a party, and that I NON-SERVED. AMMIE PHRJ IPS, et al, the above process on the 18 day of November, 2010, at 110:10 o'clock, AM, at 131 Heron Way Carlisle, PA 17013, County of CSumbmiaad, Commonwealth of Pennsylvania: Manner of Service: Defendant was not served because: r Moved Unknown r No Answer r Vacant Other: NO ANSWER, NO RESPONSE TO CARD LEFT TO ARRANGE FOR SERVICE. NO VEHI" ON PREMISES AT TOM OF ATTEMPTS. i Service was attempted on the following datesltimes: I) 11/13/10 7:58 PM 2)11/15/10 9:12 AM 3) 11117hO 3.09 PM Commonwealth of Pa nsylvania ) SS: County of Cumberland ) Before me. the undamped notary public, this day, pa9onaUy; appeared Riow NL?wt to me, known, who being duly sworn according to law, deposes the following: I havby swear or a81rm that th? 4 set forth in the.%re8iiiflg'Affida* of Ser4(cce an trot aed eonva 1 (Signature of Affimrt) File Number97090FC Subscribed sworn to before me this 44 t 2010 C^'??9.;aW"::?? iii r•`'?? °w2 ?r'il`? Notary Public )t 11Ma., 8C*5 county ;1. i r. rim!SSinn i'?5 i4ov. 18, 2013 GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063" vs. JIMMIE PHILLIPS 131 Heron Way Carlisle, PA 17013 No. 10-2860 CIVIL MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant, JIMMIE PHILLIPS, which the Sheriff has been unable to personally serve upon Defendant, JIMMIE PHILLIPS. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve Notice of Sheriff Sale upon Defendant, JIMMIE PHILLIPS, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, n? Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 vs. JIMMIE PHILLIPS 131 Heron Way Carlisle, PA 1.7013 CERTIFICATE OF SERVICE of Cumberland County No. 10-2860 CIVII, Kyle Mahoney, an employee of Goldbeck McCafferty & McKeever, counsel for plaintiff, does hereby certify that true and correct copies of the foregoing Motion for Substituted. Service have been served upon the Defendant, JIMMIE PHILLIPS this 6"day of OC'_Ce,&?er, , 2010, by first class mail, postage prepaid. JIMMIE PHILLIPS 131 Heron Way Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Goldbeck McCrty & McKeever Kyle-Mah5"ri6Y_, Legal Secretary Direct Phone: 215-825-6376 DEC 0 82010 WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 VS. JIMMIE PHILLIPS 131 Heron Way Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNLW .o3 M Q ?; C::7 y z`,h :X r-ri 10-2860 CIVII?cx' rn :?a -"` w err ORDER AND NOW, this t ` day of J')eA 2010, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, JIMMIE PHILLIPS, have been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Notice of Sheriff Sale upon Defendant, JIMMIE PHILLIPS, by posting a copy of the Notice upon the premises 131 Heron Way, Carlisle, PA, 17013, and Plaintiff is directed to serve the Notice by certified and regular mail to the Defendant's last known address at 131 Heron Way, Carlisle, PA, 17013, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address. BY THE 1 aCvOU,RT:o,4z J. D T. wed U 01c.-r-4 ' tribution list: Mic, ael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 JIMMIE PHILLIPS, 131 Heron Way Carlisle, PA 17013 Ooff fy*t GOLDBECK McCAFFERTY & McKEEVER Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff JUvIMIE PHILLIPS Mortgagor(s) and Record Owner(s) 131 Heron Way Carlisle, PA 17013 vs. Defendant(s) THE UNITED STATES OF AMERICA 97090FC CF: 04/29/2010 SD: 04/06/2011 $179,129.81 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term 2 No. 10-2860 CIV%X r-nm Zrn Zx C.n r- .<3T .; r- z 7- c-) x C) --t CERTIFICATE OF SERVICE PURSUANT TO Pa R C P 3129.2 (c) (2) N s Tip N co a z 0 ca r*t rF -0m =C7 0 --+ o -+n C:)- n zii C?rn D -t ,per ERIC KEENAN an employee of Goldbeck McCafferty & McKeever, counsel of Plaintiff, hereby certifies that service on the \ Defendants of the Notice of Sheriff Sale was made by: Personal Service by the %6101E?Wfice/competent adult (copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ?Yi ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. Premises was posted by SeWice/competent adult (copy of return attached). ( Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. ResP fully sub t? e , BY: ERIC KEENAN Legal Secretary WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3; et seq. Plaintiff (Petitioner) V. JIMMIE PHILLIPS; et al. 'Defendant (Respondent) CASE and/or DOCKET No.: 10-2860-CIVIL Sheriff's Sale Date: 3/2/2011 AFFIDAVIT OF SERVICE n Complaint Summons PJ Other: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 1, RYAN MARKS, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party, and that I served and made known to the person served, JIMMIE PHILLIPS; et al. the above process on the 23 day of December, 2010, at 2:15 o'clock, PM, at 131 Heron Way Carlisle, PA 17013, County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: By posting a copy of the original process on the most public part of the property pursuant to an order of court Service was attempted on the following dates/times: 1) 2) 3) Commonwealth of Pennsylvania ) SS: County of Cumberland ) Before me, the and rsigned notary public, this day, personally, appeared $y ar? Al ..* being duly sworn cording to law, deposes the following: I to me known, who I hereby swear ffirm that the facts set forth in the foregoing Affidavit of Service are true and correct. Subscribed d sworn to before me (Signature of Affant) this *&I da NC , 20 Fite Number:97090FC Notary Public WasWny? ?' ?r ruoac ?Y ?ruriM?farl l9minsr w,., ,?? t3 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK NATIONAL ASSOCIATION AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET-BACKED FUNDING CORPORATION ASSET BACKED CERTIFICATES, SERIES 2006-OPT3; et seq. Plaintiff (Petitioner) V. JIMMIE PHILLIPS; et al. Defendant (Respondent) CASE and/or DOCKET No.: 10-2860 CIVIL Sheriff's Sale Date: 12/8/2010 AFFIDAVIT OF SERVICE M Complaint Summons Other: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 1, RYAN MARKS, certify that I am eighteen years of age or older and that 1 am not a party to the action nor an employee nor relative of a party, and that I served and made known to the person served, USA; et al. the above process on the 28 day of June, 2010, at 1:30 o'clock, PM, at 228 Walnut St., Ste, 220, Fed. Bldg Harrisburg, PA 17108, County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: By handing a copy to: An officer, partner, trustee, or registered agent of the'Defendant organization who is not a plaintiff in the action* L! The manager, clerk, or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action * An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action * Name: NAOMI LOSCH Relationship/Tide/Position: Administrative Assistant Remarks: Description: Approximate Age 4145 Height 5A Weight 155 Race WHTTB Sex FEMALE Hair BROWN Commonwealth of Pennsylvania County of Cumberland )SS. Before me, the undersigned Mary public, this day, personally, appeared Qa,w,. !r[. e r to me known, who being duly sworn according to laeposes the following; I hereby swear or affi##t the facts set forth in the foregoing Affidavit of Service are true and correct. Subscribed d sworn to before me { gnature ofAffiant) this .2 SS f _ 20M jr L " i 1 ,1 , r ;-r - y Notary Public r , r, h 2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Wells Fargo Bank, NA W Jimmie Lewis Phillips, Jr (et al.) 01F1U, OF 7HEZnFA.FF Case Number 2010-2860 SHERIFF'S RETURN OF SERVICE 08/18/2010 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 then- in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 10/26/2010 05:05 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10126/10 at 1705 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jimme Lewis Phillips, Jr. located at, 131 Heron Way, Carlisle, Cumberland County, Pennsylvania according to law. 11/03/2010 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Dauphin County upon, Phyllis Mitchell, who accepted for United States of America, at Ste 220, Federal Bldg, 228 Walnut Street, Harrisburg, PA 17108. So Answers: G. Miller, Deputy Sheriff_ SHERIFF COST: $917.92 SO ANSWERS, November 03, 2010 4RONRAANDERSON, SHERIFF fcl Co?.xNy5ci1!? 5h2^`f_ T?yr,?eao9, Inr. ¦ A Rf C: /tip I( LLi t ?_J Y 4, n Q h-J FC 2i ? x v l!7 ? f? as Ln U Q y C L? p m F- N m Q r= Z = m E E U._ ?$A° ca E a'v_ -W xM 'o` Em LL iE f Z m . O? <2-= 0.a 65 c m Z ("D Q S• m zr? O W M m o a F- v m ? G C C O A S Q O m J W m LL. m U Q a W Ll FQ -j m LU m >- ? w E 3cc c .... V• cg O0 F- rn m 2-6 crzm U U0 Z Or ?El El El ?S LL o °o O O w aw n O U C6 co Z) ai ?° 0 p LL O m N Q V U Q. Oam U? Z- W F- CL (D 0 q m L` w O N ° o w O J?ID Zfn:u W? 0O S? Q O z L OQ x (L min a O O (A x W o E 000 ?p2 m W a 0 ;a ?OZ0 C14 of CL O U -S? m mom: 6 A F- 3 m LL Z V) LL Q v o ix a m F m cn a xowa-C\ U X a mmU) QO? EE - - -Q j ° ,. ? z C) N CIS t6 Cfl m m Se w a m 0 a m a 00 a $b Z'> WZ Faf vmi E g Z$ o m LO a? x 0 w c 0 E w 0 a V a 0 d c m IL C O CL L 0 C 3 m CL I- A m m a E o O U Cl N O _N N (U O N cu co N ? O C m o ca U a ? N ? 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WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-SACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 vs. JRvM1lE PHILLIPS 131 Heron Way Carlisle, PA 17013 10-2860 CIVIL (( ORDER AND NOW, this lZA-day ofL)Er- 2010, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, JIMMIE PHILLIPS, have been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Notice of Sheriff Sale upon Defendant, JIMMIE PHILLIPS, by posting a copy of the Notice upon the premises 131 Heron Way, Carlisle, PA, 17013, and Plaintiff is directed to serve the Notice by certified and regular mail to the Defendant's last known address at 131 Heron Way, Carlisle, PA, 17013, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address. BY THE COURT: ?J 'e, Distribution list: QI,,,, JA-. Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Cen`te'r,, 701 Market Street, Philadelphia, PA 19106-1532 JIMMIE PHILLIPS, 131 Heron Way Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Form 3877 Page: 5 s me an Address: Permit Number: rter. um. Goldbeck McCafferty & McKeever 969005937 SendSuite - MAC v6.00.6.01.J 701 Market Street Sequence Number PHILADELPHIA, PA 19106 0000089 Pc ID #1 Addressee Name Postage ES ES Article # Insured Due Total Delivery Address Type Fee Value Sender Charge 97037AE9-10 EGGERLING, ADRIAN 0.440 C []2.800 0.00 4.340 9171082133393867624391 194 Forgedale Road ERR 01.100 _ Barto,..PA..19504......_. 97037KM9-10 MELCHER, KELLY L. 0.440 C 02.800 0.00 4,340 9171082133393867624384 194 Forgedale Road ERR 01.100 Barto, PA 19504 97090JP12-8 PHILLIPS, JIMMIE 0.440 C [12.800 9171082133393867624247 424 Brook Circle ERR -1,100 0.00 4.340 Mechanicsburg, PA 17050 C97 90JP12-82 PHILLIPS, JIMMIE 0.440 C -2.800 0.00 4.340 10821 3867624261 131 Heron Way ERR n1.100 Carlisle, PA 17013 9709OUA12-8 THE UNITED STATES OF 0.440 C 02.800 9171082133393867624254 AMERICA 0.00 4.340 ERR 011.100 Suite 220, Federal Building 228 Walnut Street Harrisburg, PA 17108 97582JH10-8 HESTON, JENAA. 0.440 C 72.800 9171082133393867624292 1970 Bleam Road ERR 01.100 0.00 4.340 Quakertown, PA 18951 97582RHio-8 HESTON, RYAN F. 0.440 C 02.800 9171082133393867624308 1970 Bleam Road ERR 01.100 0.00 4.340 Quakertown, PA 18951 GWD6304ER10-18 RUDACILLE, ELIZABETH 0.440 C X2.800 9171082133393867624469 1428 Stanton Street ERR 01.100 0.00 4.340 ------------------- _ --York, PA 17404-532 CWD6304GR10-18 RUDACILLE, GARY 0.440 C 02.800 9171082133393867624476 1428 Stanton Street ERR ?1.100 0.00 4.340 York, PA 17404-532 Page Totals: 9 3.960 35.100 Cum Totals: 66 29.040 257,400 iP TIFICATION Total Number of Pieces Received: V E +s i. ` } 1 ,Ji ? 1 ..Round Stamp: Signature of Receiving Employee + 'i 39.060 286.440 Form 3877 (Facsimile) SendSuite - MAC v6.00.6.01.J GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. JIM IIE PHILLIPS Mortgagor(s) and Record Owner(s) 131 Heron Way Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-2860 CIVIL SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 131 Heron Way Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): JIMMIE PHILLIPS 131 Heron Way Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: JUVM41E PHILLIPS 131 Heron Way Carlisle, PA 17013 THE UNITED STATES OF AMERICA Suite 220, Federal Building 228 Walnut Street Harrisburg, PA 17108 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 NORTH MIDDLETON AUTHORITY C/O Christopher S. Rice Ten East High Street Carlisle, PA 17013 MIDDLETON ESTATE COMMUNITY 122 Heron Way Carlisle, PA 17013 BUREAU OF COMPLIANCE Deppartment 280946 Harrisburg, PA 17128 NORTH MIDDLETON AUTHORITY 240 Clearwater Drive Carlisle, PA 17013 COMMONWEALTH OF PA, DEPT. OF REVENUE Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 131 Heron Way Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: March 21, 2011 GOLDB CK McCAFFERTY & McKEEVER BY: ERIC KEENAN Legal Secretary • 4 GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. AR" r11,1BERLAND cOUNTY REi Nsyl VANiA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 10-2860 CIVIL JIMMIE PHILLIPS 131 Heron Way Carlisle, PA 17013 Defendant(s) PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate the judgment upon payment of your costs only. By: GO ECK MCCAFFERTY & MCKEEVER Mic ael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff aw& a g.M'pa Q44 C%L* s &as8y ePO 587Y2? GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. JIMMIE PHILLIPS 131 Heron Way Carlisle, PA 17013 Defendant(s) THE UNITED STATES OF AMERICA CERTIFICATE OF SERVICE CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-2860 CIVIL Natasha Perez, hereby certifies that he/she did serve true and correct copies of Praecipe to Vacate Judgment and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on ??] I I JIMMIE PHILLIPS 131 Heron Way Carlisle, PA 17013 JIMMIE PHILLIPS 424 Brook Circle Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY By. Goldbeck McCafferty McKeever Natasha Perez, Legal Assistant NPerez@goldbecklaw.com 215-825-6384 (Direct Phone) GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 VS. JIMMIE PHILLIPS 131 Heron Way Carlisle, PA 17013 Defendant(s) _ .0T.; G1 11,,r;Nt r ., ?ERL?+NQ LIJUiq?r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 10-2860 CIVIL PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended without prejudice upon payment of your costs only. By. Gn'DBECK MCCAFFERTY & MCKEEVER ael McKeever Pa. ID 5612Q.,_---- Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 4650 Regent Blvd Irving, TX 75063 VS. JIMMIE PHILLIPS 131 Heron Way Carlisle, PA 17013 Plaintiff Defendant(s) THE UNITED STATES OF AMERICA CERTIFICATE OF SERVICE CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-2860 CIVIL Natasha Perez, hereby certifies that he/she did serve true and correct copies of Praecipe to Discontinue and End and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on i?Dl JIMMIE PHILLIPS 131 Heron Way Carlisle, PA 17013 JIMMIE PHILLIPS 424 Brook Circle Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BPf )IJ41\A /1 '01 A Goldbeck McCaffe & McKe v r Natasha Perez, Legal Assistant NPerez@goldbecklaw.com 215-825-6384 (Direct Phone)