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Home My WebLink About10-3553GOLDBECK 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 UMAU MUKTUAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff IN THE COURT OF COMMON PLEAS vs. MICHAEL GARDNER Mortgagor and Record Owner 705 South Market Street Mechanicsburg, PA 17055 OF Cumberland COUNTY CIVIL ACTION - LAW Defendant ACTION OF MORTGAGE FORECLOSURE Term ?O _ ?3 C..l v L CIVIL AbtION: MOF;TGAG-Tr' I °%. u Ir 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 s Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO 942.00 Nd.11k{ 1 CK-f" s31801 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. 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. ov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.i)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.philadelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@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 95896FC. 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 GMAC MORTGAGE, LLC, 3451 Hammond Avenue, Waterloo, IA 50702. 2. The names and addresses of the Defendant is MICHAEL GARDNER, 705 South Market Street, Mechanicsburg, PA 17055, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On September 22, 2004 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1881, Page 4296. The mortgage has been assigned to: GMAC MORTGAGE, LLC by assignment of Mortgage March 17, 2008 as Instrument4200807899. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for September 01, 2009 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ................................................................... Interest from 08/01/2009 through 05/19/2010 at 6.0000%.... Per Diem interest rate at $15.24 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charles from 09/01/2009 to 05/19/9,010 ................. $92,718.92 ................... $4,446.66 Monthly late charge amount at $25.75 Costs of suit and Title Search (Estimated) .......................................... Escrow ................................................................................................. NSF Fees ............................................................................................. Property Inspection Fees ..................................................................... Expense Advances .............................................................................. Monthly Escrow amount $188.61 ..$4,635.95 .....$231.75 ......... $900.00 .........$251.87 ...........$20.00 ...........$45.00 ......$2,170.00 $105,420.15 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The date of the postmark on the Notice was the same as the date of the Notice. The Defendant had the required face to face meeting within the required time and Plaintiff has been advised that the Defendant filed an application for mortgage assistance with the Pennsylvania Housing Finance Agency the Plaintiff has been advised by the Pennsylvania Housing Finance Agency that the Defendant's application has been rejected. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $105,420.15, together with interest at the rate of $15.24, 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 A ortgage and Sheriff's Sale of the Property. BY: GO ERTY & MCK EEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 K istina Murtha Pa. ID 61858 avid Fein Pa. ID 82628 homas Puleo Pa. ID 27615 ATTORNEYS FOR PLAINTIFF VERIFICATION The undersigned attorney for Plaintiff is authorized to make this verification and states that the facts set forth in the foregoing Complaint are true and correct to the best of his or her knowledge, information and belief. The undersigned understands that statements made in this verification are subject to the penalties of 18 Pa.C.S.A. §4904. Date: d By: GOLD CK MCCAFFERTY & MCKEEVER Mic el McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Y-ristina Murtha Pa. ID 61858 Pavid Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff #95896FC MICHAEL GARDNER 705 South Market Street Mechanicsburg, PA 17055 Ey,hibitA ALL THAT CERTAIN tract or parcel of bind end promises, situate. lying and belt in the SeowW Ward of the Borough of Meoharnlosbwg. In the CoUrdy of Cumbedand and Cammorwveatth of Pennsytvanla. moos PAY d"O bed as follmr. BEGINNING at a point on the East We of South Market Steak said pobnt being two hundred seventy- Me W3) bet in a n dheiV diredo111rorn the nortimeit comer of pmpwV now or We of Paul L Helps end Geraldine HelQee, his wife; !hedge northwardy along the East Km of South Market Sheet, OW-MM (57) fW to a point: tl>m mot Y aWV the Ine of WW now or Ida of Boyd M. ForMsy and Madw+ J. Fortnsy. his wile, one hundred severely *~ WW four-MMha (177.4) bet to a point in the cwftr Ine of a 20 foot aW, O owithsnrdy Wang the anhr Noe of saW alley brty4wo EEdmt ' and yyEE. ac« t4wiil e. fed ahwK%W sevenW-wom and (177.4) eland d to a p or poituft of nt In the E ked ?e of South Market Street doresaid. the Plea of BEGINNING. Impn3wd wtth a 1 "A story frame dweiift house numbered 705 South Market Street. Ey,hibit B GMAC Mortgage, LLC 3451 Hammond Avenue Waterloo I IA 50702 ACT 91 NOTICE TAKE ACTION TO SAVE Date: 02/01 /10 YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, YOU MUST HAVE A FACE TO FACE MEETING WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at I- 800-342-2397 (Persons with impaired hearing can call (717) 780-1869)This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: MICHAEL GARDNER 705 S MARKET STREET MECHANICSBURG PA 17055-0000 0572325009 GMAC Mortgage, LLC HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE ACT ), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-three (33) days from the date of this Notice. During that time you must arrange and attend a face- to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 33 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty-three (33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-three (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property located at 705 S MARKET STREET MECHANICSBURG PA 17055-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/01/09 through 02/01/10. See attached Exhibit for payment breakdown. Monthly Payments $ 3505.88 Late Charges $ 103.00 NSF $ 20.00 Inspections $ 11.25 Other (Default Expenses and Fees) $ 1400.00 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 5040.13 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 5040.13, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-THREE (33) DAY PERIOD. Payments must be made either by cash cashier s check or certified check made payable and sent to: GMAC Mortgage, LLC ATTN: Payment Processing 3451 Hammond Avenue Waterloo , IA 50702 You can cure any other default by taking the following action within THIRTY-THREE (33) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY-THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY-THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s fees actually incurred by the lender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY-THREE (33) DAYS period, you will not be required to pay attorney s fees OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF S SALE If you have not cured the default within the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale You may do so by pa iinng 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 Sheriff s 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 Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s 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. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage, LLC ATTN: Loss Mitigation Address: 2711 North Haskell Ave. Suite 900 Dallas, TX 75204 Phone Number: 888-714-4622 Fax Number: 866-709-4744 Contact Person: Collection Department 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 Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE You MAY or 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 MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE 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 LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 888-714-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5041 EXHIBIT 10/01/09 through 02/01/10 Mo. Pmt. Amt. $ 697.36 ACT 91 NOTICE DATE OF NOTICE: 03/17/2010 TAKE, ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM WMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help you must MEET V iTM A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free 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 any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo par el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 Date: 03/17/2010 Homeowners Name: MICHAEL GARDNER Property Address: 705 South Market Street, Mechanicsburg, PA 17055 Loan Account No.: 0572325009 Original Lender: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION Current Lender/Servicer: GMAC MORTGAGE CORPORATION HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise. your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY ,APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application- During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. 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: 705 South Market Street, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 10/01/2007 duu 03/17/2010 (6 mos. at $754.38/month) $4,526.28 (b) Late charges from 10/01/2007 thru 03/17/2010 (6 mos. at $26.68/month) $160.08 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $4,686.36 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS 68636 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: GMAC MORTGAGE, LLC LOSS MITIGATION DEPARTMENT 3451 Hammond Avenue Waterloo, IA 50702 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attomev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately four (4 to six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC MORTGAGE, LLC Address: 3451 Hammond Avenue Waterloo, IA 50702 Phone Number: 800-850-4622 Fax Number: 319-236-7437 Contact: Loss Mitigation Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact: Loss Mitigation Department Phone Number: 800-850-4622 6 HEMAP Consumer Credit Counseling Agencies Report last updated: 311/2010 8:47:08 AM CCCS of Western PA 4402 Peach Street Erie, PA 16509 888.511.2227 ext 108 888.511.2227 ext 108 DAUPHIN County CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.5112227 888.511.2227 Center for Family Services, Inc. 213 Center Street Meadville, PA 16335 814.337.8450 Greater Erie Community Action Committee 18 West 9TH Street Erie, PA 16501 814.459.4581 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 724.981.5310 St. Martin Center 1701 Parade Street Erie, PA 16503 814.452.6113 CUMBERLAND County CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 688.5112227 888.511.2227 Community Action Commission ofCapdal Region 1514 Derry Street Harrisburg, PA 17104 717232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Community Action Commission of Captial Region 1514 Deny Street Harrisburg, PA 17104 717.2329757 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 DELAWARE County Advocates for Financial Independence 202 East Hinkley Avenue Ridley Park, PA 19078 215.3892810 American Credit Counseling Institute 175 Strafford Avenue Suite 1 Wayne, PA 19087 610.9712210 808.212.6741 American Credit Counseling Institute 526-528 Dekalb Street Nortistown, PA 19401 610.971.2210 888.212.5741 American Financial Counseling Services Inc. 1080 N. Delaware Avenue Suite 200 Philadelphia, PA 19125 267.228.7903 800.490.3039 American Financial Counseling Services Inc. 405 West Germantown Plke Norristown, PA 19403 267.228.7903 800.490.3039 American Financial Counseling Services Inc. 175 Strafford Avenue Suite One Wayne, PA 19087 267.228.7903 800.490.3039 Page 8 of 21 HEMAP Consumer Credit Counseling Agencies Report last updated: 3/112010 8:47:08 AM American Red Cross of Chester FOB CDC 1729 Edgemont Avenue 1201 West Olney Avenue Chester, PA 19013 Philadelphia, PA 19141 610.874.1484 215.549.8755 APM Germantown Settlement 600 W Diamond Street 5538 Wayne Avenue Philadelphia, PA 19122 Bldg C 215.235.6070 Philadelphia, PA 19144 (267) 953-4615 215.849.3104 Carroll Park Community Council, Inc. HACE 5218 Master Street 167 W. Allegheny Avenue Philadelphia, PA 19131 2nd R 215.877.1157 Philadelphia, PA 19140 CCCS of Delaware Valley 215.426.8025 113 East Main Street Housing Partnership of Chester County 2nd Floor 41 West Lancaster Ave Norristown, PA 19401 Downingtown, PA 19335 215.563.5665 610.518.1522 CCCS of Delaware Valley, Media Fellowship House 1001 East Lincoln Highway 302 South Jackson Street Suite 102 Media, PA 19063 Coatesville, PA 19320 610.565.0434 215.563.5665 Northwest Counseling Service CCCS of Delaware Valley 5001 North Broad Street 4400 North Reese Street Philadelphia, PA 19141 Philadelphia, PA 19140 215.324.7500 215.563.5665 Phila Council For Community Advmnt CCCS of Delaware Valley 1617 John F Kennedy Blvd 790 E. Market St Suite 1550 Suite 170, Marshall Building Philadelphia, PA 19103 West Chester, PA 19382 215.567.7803 215.563.5565 600.930.4663 CCCS of Delaware Valley Urban League of Philadelphia 1608 Walrxwt steel 121 S Broad St 10th Floor 9th Floor Philadelphia, PA 19107 Philadelphia, PA 19107 215.563.5665 215.985.3220 CCCS of Delaware Valley ELK County 280 North Providence Road Media, PA 19063 NorthernTier Community Action Corp. 215.563.5665 P.O. Box 389 Chester Community Improvement Project 135 West 4th Street 412 Avenue of the States Emporium, PA 15834 PO Box 541 814.486.1161 Chester, PA 19016 ERIE County 610.876.8663 Booker T. Washington Center Diversified Community Services 1720 Holland Street Dixon House Erie, PA 16503 1920 South 20th Street 814.453.5744 Philadelphia, PA 19145 215.336.3511 Page 9 of 21 HEMAP Consumer Credit Counseling Agencies Report last updated: 3!112010 8:47:08 AM CCCS of Western PA 4402 Peach Street Erie, PA 16509 888.511.2227 ext 108 888.5112227 ext 108 Greater Erie Community Action Committee 18 West 9TH Street Erie, PA 16501 814.459.4581 Southwestern Pennsylvania Legal Services Ina 45 East Main Street Suite 200 Uniontown, PA 15401 724.439.3591 Tableland Services Inc. 535 East Main Street Somerset, PA 15501 814.445.9628 800.452.0148 St Martin Center 1701 Parade Street Erie, PA 16503 814.452.6113 Voices for Independence 1107 Payne Avenue Erie, PA 16503 814.874.0064 800.838.9890 FAYETTE County Action Housing, Inc 425 61h Avenue Suite 950 Pittsburgh, PA 15219 412.281.2102 800.792.2801 CCCS of Western PA 1 North Gate Square #2 Garden Center Drive Greensburg, PA 15601 888.511.2227 888.511.2227 Community Action Southwest 58 East Greene Street Waynesburg, PA 15370 724.8522893 Fayette Co. Community Action Agency, Inc. 108 North Beeson Avenue Uniontown, PA 15401 724.437.6050 800.427.INFO NelghborWorks of Western Pennsylvania 710 5th Avenue Suite 1000 Pittsburgh, PA 15219 412281.9773 FOREST County Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave, West P.O. Box 547 Warren, PA 16355 814.726.2400 FRANKLIN County American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 717.637.3768 CCCS of Western PA 2000 Linglesiown Road Harrfsburg, PA 17102 888.5112227 888.5112227 CCCS of Western PA 55 Clover Hill Road Dallastown, PA 17313 888.511.2227 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 FULTON County CCCS of Western PA 55 Clover Hill Road Dallastown, PA 17313 888.511.2227 888.5112227 Page 10 of 21 In the Court of Common Pleas of Cumberland County GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff I No. 10-3553 CIVIL TERM vs. MICHAEL GARDNER (Mortgagor(s) and Record Owner(s)) 705 South Market Street Mechanicsburg, PA 17055 Defendant(s) 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 PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against MICHAEL GARDNER by default for want of an Answer. Assess damages as follows: Debt Interest from 07/20/10 to Date of Sale per diem at $15.24 Total (Assessment of Damages attached) $106,778.51 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 By: GOLDBECK MCCAFFERTY & MCKEEVER ~ n Michael McKeever Pa. ID 56129 C- G McCaffe Pa. ID 42386 =' ~' ~~ ary rh' -~ i ~ '' ~ ~_~ Lisa LeePa.ID78020 r-; ,- - ~__ -,_ Krishna Murtha Pa. ID 61858 r ' :~r ~ -- iDavid Fein Pa ID 82628 (~„~ ~'' ~ ~ ~ Thomas Puleo Pa. ID 27615 _ N Attorneys for Plaintiff - r , AND NOW ~ 01 o~~G ,Judgment is entei~~ m fad of GMAC MORTGAGE, C and gainst MICHAEL GARDNER by de want of an Answer and darri~ges ~ esse~.an the sum of $106,778.51 as per the above certification. ,,,,_ -;~' Pr ~/y~ad p~~Y ~k~.~3~.s7~ ~,/~cG ~-'~ ally,( Rule of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 MICHAEL GARDNER (Mortgagors and Record Owner(s)) 705 South Market Street Mechanicsburg, PA 17055 Plaintiff vs. Defendant(s) No. 10-3553 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. David D. Buell Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 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 Market Street Philadelphia, PA 19106 215-627-1322 95896FC THIS 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: July 7, 2010 TO: MICHAEL GARDNER GARDNER, MICHAEL 705 South Market Street Mechanicsburg, PA 17055 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. MICHAEL GARDNER (Mortgagor(s) and Record Owner(s)) 705 South Market Street Mechanicsburg, PA 17055 TO: MICHAEL GARDNER 705 South Market Street Mechanicsburg, PA 17055 Plaint Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. 10-3553 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IIvIPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, MICHAEL GARDNER, is about unknown years of age, that Defendant's last known residence is 705 South Market Street Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: 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 GMAC MORTGAGE. LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. MICHAEL GARDNER (Mortgagor(s) and Record owner(s)) 705 South Market Street Mechanicsburg, PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 10-3553 CIVIL TERM ORDER FOR JUDGMENT Please enter Judgment in favor of GMAC MORTGAGE, LLC, and against MICHAEL GARDNER for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $106,778.51. By: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 i David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 and that the name(s) and last known address(es) of the Defendant(s) is/are MICHAEL GARDNER, 705 South Market Street Mechanicsburg, PA 17055; By: GOLDBEC MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $92,718.92 Interest from 08/01/2009 through $5,376.30 07/ 19/2010 Reasonable Attorney's Fee $4,635.95 Late Charges $283.25 Costs of Suit and Title Search $900.00 Escrow Payments Due 2 X $188 .61 $377.22 Escrow $251.87 NSF Fees $20.00 Property Inspection Fees $45.00 Expense Advances $2,170.00 $106,778.51 l ~~-~ By: ~~_~ GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff +~n~ AND NOW, this o~.. oL. day of ~ ' 2010 damages are assessed as above. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. Plaintiff IN THE COURT OF COMMON PLEAS MICHAEL GARDNER Mortgagor(s) and Record Owner(s) 705 South Market Street Mechanicsburg, PA 17055 TO THE PROTHONOTARY: Defendant(s) of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 10-3553 CIVIL TERM ;~~ ~? ~~ 1 C_~ (~ -"T1 C_ :~ .. T\i _ 1 - ,._, ,, -- _ c:., ,. ,.~ .~~ _~r PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: ~y ~4 l6 s /y. Ob cnsd" BF // ~ yG . 6a ,f Amount Due Interest from 07/20/10 to Date of Sale per diem at $15.24 (Costs to be added) $106,778.51 By: ~ ~,~~ D d ~~ ii ~ -, ~, so nd ~-y faLO D ~ c.l C Co. GOLDBBCK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 i David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff W O a `. ~ L ~ U C4 O U ,al °' v, W ~ a~~i o U W~ ~ ~ ~ ~ o ~., ~ [--. ~ W Z . ~ '-~ ~ ~ ~ , y ~ b ~ a i .~ ~ °~ N a ~Mw ~ ab~~ a ~; H ~ o ~~~ ~~ o w ~~ ~ 3 ~ ~. F 0 Q ,-, ~ .~ ca U ~ v a~ a~ N ~ O ~ ¢ U ~~ ~ ~ O ~ ¢ ~ ~ O O z ,~„ o ~ by ~ ~ ~ W ?; 6a p (-tir b W x o ~ ~ ~ ~~ ~ H ~ a ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE SECOND WARD OF THE BOROUGH OF MECHANICSBURG, IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST SIDE OF SOUTH MARKET STREET, SAID POINT BEING TWO HUNDRED SEVENTY-THREE (273) FEET IN A NORTHERLY DIRECTION FROM THE NORTHWEST CORNER OF PROPERTY NOW OR LATE OF PAUL L. HEIGES AND GERALDINE HEIGES, HIS WIFE; THENCE NORTHWARDLY ALONG THE EAST LINE OF SOUTH MARKET STREET, FIFTY-SEVEN (57) FEET TO A POINT; THENCE EASTWARDLY ALONG THE LINE OF LAND NOW OR LATE OF BOYD M. FORTNEY AND MARIAN J. FORTNEY, HIS WIFE, ONE HUNDRED SEVENTY-SEVEN AND FOUR-TENTHS (177.4) FEET TO A POINT IN THE CENTER LINE OF A 20 FOOT ALLEY; THENCE SOUTHWARDLY ALONG THE CENTER LINE OF SAID ALLEY, FORTY-TWO AND FIVE-TENTHS (42.5) FEET TO A POINT; THENCE WESTWARDLY ALONG THE LINE OF LAND NOW OR LATE OF RALPH R. ECKERT AND MARY E. ECKERT, HIS WIFE, ONE HUNDRED SEVENTY-SEVEN AND FOUR- TENTHS (177.4) FEET TO A POINT IN THE EAST LINE OF SOUTH MARKET STREET AFORESAID; THE PLACE OF BEGINNING. PARCEL#: 17-24-0787-220 PROPERTY ADDRESS: 705 SOUTH MARKET STREET, MECHANICSBURG, PA 17055 BEING THE SAME PREMISES WHICH KRISTEN BORGERSEN, BY DEED RECORDED 09/24/04 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, IN DEED BOOK 265 PAGE 1909, GRANTED AND CONVEYED UNTO MICHAEL GARDNER. Goldbeck, McCafferty & McKeever Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. MICHAEL GARDNER Mortgagor(s) and Record Owner(s) 705 South Market Street Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE NO. 10-3553 CIVIL TERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. By: GOLDBECK MCCAFFERTY & MCKEEV ~ =~~ Michael McKeever Pa. ID 56129 ~?a `'~ f ~. _ ---a Gary McCafferty Pa. ID 42386 - r=-- ~ ~~ ~ ' Lisa Lee Pa. ID 78020 ' ~ ~'~' ' `- =' Kristina Murtha Pa. ID 61858 `~_ rt; /David Fein Pa. ID 82628 - Thomas Puleo Pa. ID 27615 ` - _ ~:., Attorneys for Plaintiff ~ ~ _~? ~. 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 GMAC MORTGAGE, LLC 3451 Hammond Avenue ]N THE COURT OF COMMON PLEAS Waterloo, IA 50702 Plaintiff of Cumberland County vs. MICHAEL GARDNER CIVIL ACTION -LAW (Mortgagor(s) and Record Owner(s)) 705 South Market Street Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 10-3553 CNII, TERM AFFIDAVIT PURSUANT TO RULE 3129 GMAC MORTGAGE, LLC, 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: 705 South Market Street Mechanicsburg, PA 17055 /'~ ~, l .~ Ca . _l rV ~ rt 1.Name and address of Owner(s) or Reputed Owner(s): °_`: ~ . ~ MICHAEL GARDNER ,~ ~ - ~• +? 705 South Mazket Street rv Mechanicsburg, PA 17055 - - 2. Name and address of Defendant(s) in the judgment: -" { e., - , ~~ MICHAEL GARDNER G.:; { ~ 705 South Market Street Mechanicsburg, PA 17055 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 Cazlisle, 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 4. Name and address of the last recorded holder of every mortgage of record: CITIFINANCIAL MORTGAGE CO. INC. 1111 Northpoint Drive Building 4 Suite 100 Coppell, TX 75019 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 705 South Market Street Mechanicsburg, PA 17055 (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: Julv 19.2010 G LDBECK McCAFFERTY & McKEEVE BY: Michelle Clarkson 10-3553 CIVIL TERM .~ GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney LD.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. MICHAEL GARDNER Mortgagor(s) and Record Owner(s) 705 South Market Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-3553 CIVIL TERM Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO n,, COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO n COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL B .. ~, a _-r USED FOR THAT PURPOSE. ~_ ~~~' .. i7't r; _r, { _' rv ~' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY - ~r TO: GARDNER, MICHAEL ~ ~::' -~ i~v MICHAEL GARDNER ~ _~ ~~ :,~' -< ~. 705 South Market Street Mechanicsburg, PA 17055 Your house at 705 South Market Street, Mechanicsburg, PA 17055 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 $106,778.51 obtained by GMAC MORTGAGE, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to GMAC MORTGAGE, LLC, the back payments, late charges, costs and reasonable attorney's fees due. To fmd 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. .~ 10-3553 CIVIL TERM 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 compazed to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you, act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http•//www hiladelnhiafed org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Cazlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Cazlisle, PA 17013 717-243-9400 IO-3553 CIVIL TERM 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.~ov for Help for Homeowners Facing the Loss of Their Homes. 4}. Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website htt~//www.phfa.org/consumers/homeowners/real.aspx. 5}. Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(cr~,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 95896FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-3553 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From MICHAEL GARDNER (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$106,778.51 L.L.$.50 Interest FROM 07/20/10 TO DATE OF SALE PER DIEM AT $15.24 Atty's Comm % Due Prothy $2.00 Atty Paid $178.50 Other CostsTO BE ADDED Plaintiff Paid Date: JULY 22, 2010 (Seal) gy. D uell, Prot onotary Deputy REQUESTING PARTY: Name DAVID FEIN, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER, SUITE 5000 - MELLON INDEPENDENCE CENTER, 701 MARKET STREET, PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Te I ephone: 215-627-1322 Supreme Court ID No. 82628 GOLDBECK McCAFFERTY & McKEEVER 'Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 VS. Plaintiff MICHAEL GARDNER Mortgagor(s) and Record Owner(s) 705 South Market Street Mechanicsburg, PA 17055 Defendant(s) 95896FC FILED- CF: 05/28/2010 OF THE PRp T11Ot O TAR D$106,g78.51 ?410 NOY 30 APf I1 IN E N' NSWYjltdV%F&? QN?IlTVION PLEAS tt?f of Cumberlfil&nty CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-3553 CIVIL TERM CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Keith C. Halili, an employee of Goldbeck McCafferty & McKeever, counsel for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: (X) Personal Service by the Sheriffs Office/raompetemodalt (copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, L,4<w J? BY: Keith C. Halili Legal Secretary N O g N m c z ? O a U c n 4 07 ? c$ F t m m ?? X tll g`?'13' Q ? ae 0 t O r P Ism;, J Q , CL rs rnx r LL C.0 N PTO r' d ra v? kv??ZFCSSI ?? a c f ` K Srn ? ? u p U `- a fir` O"'z: ?-tn ?C N t j ~ z o 7- I QN O Q `? o U3 O r co U ? a o 'o m c ' m o z g uj w w mQ V p '° io 0 2 7 O- R m > E E a :3 c w m U`a m O 9 pppp ? ti 4F 0 N tL ' ? a Z ti o"m o C: d 0 d) d7 Z U? ? Lu m c d o g y LLI t: t] c?z ?'Ua E '? 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U Q W Q € rn = LL- CO U_ W rn 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Q zr of clu Jody S Smith` Chief Deputy 4t- Richard W Stewart FAZ Solicitor OFF= OF SK SMERAFF GMAC Mortgage, LLC Case Number vs. 2010-3553 Michael Gardner SHERIFF'S RETURN OF SERVICE 10/14/2010 02:54 PM - Ryan Burgett, Deputy Sheriff, who being duly swom according to law, states that on 10-14-10 at 1451 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 Michael Gardner, located at, 705 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/18/2010 10:48 AM - Shawn Gutshall, Deputy Sheriff, who being duly swom according to law, states that on 10/18/10 at 1041 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael Gardner, by making known unto, Michael Gardner personally, at, 705 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same SHERIFF COST: $898.92 October 26, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) County. U 10 She"t. Telsos . Inc. GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, L4,50702 VS. MICHAEL GARDNER Mortgagor(s) and Record Owner(s) 705 South Market Street Mechanicsburg, PA 17055 Defendant(s) Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-3553 CIVIL TERM SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 GMAC MORTGAGE, LLC, Keith C. Halili, an employee of Goldbeck McCafferty & McKeever, counsel of Plaintiff, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 705 South Market Street Mechanicsburg, PA 17055 I .Name and address of Owner(s) or Reputed Owner(s): MICHAEL GARDNER 705 South Market Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: MICHAEL GARDNER 705 South Market Street Mechanicsburg, PA 17055 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 MECHANICSBURG AREA SCHOOL DISTRICT Judy Powell, Tax Collector 211 East Chestnut Street Shiremanstown, PA 17011 MECHANICSBURG AREA SCHOOL DISTRICT 100 East Elmwood Avenue 2nd Floor Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: CITIFINANCIAL MORTGAGE CO. INC. 1111 Northpoint Drive Building 4 Suite 100 Coppell, TX 75019 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 705 South Market Street Mechanicsburg, PA 17055 (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: November 24, 2010 GOLDBECK McCAFFERTY & McKEEVER BY: Keith C. Halili Legal Assistant GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff FILED,-OFFICE O THE- PR0THCNO 3 2011 FEB - 3 AM 10{ 5 CUMBERLAND COUNT`PENNSYLVANIA GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. MICHAEL GARDNER 705 South Market Street Mechanicsburg, PA 17055 TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY No. 10-3553 CIVIL TERM Defendant(s) PRAECIPE TO VACATE JUDGMENT Kindly vacate the judgment upon payment of your costs only. GO ECK M CAFFER & MCKEEVER Michael c 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 GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. MICHAEL GARDNER 705 South Market Street Mechanicsburg, PA 17055 Plaintiff Defendant(s) FIED-OFFICE C _' THE- P RO ; i a0 T, T 2011 FEB -3 QM la: 5 CUMBER.LAND Collt?lr?r n'..._. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 10-3553 CIVIL TERM PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. By: GOLD K AFFERT8 CKEEVER l D 5 MichaeMc Pa. IY 9 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