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HomeMy WebLinkAbout10-4957~ 1, ~OLDBECK 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 r ~:~ ~~ ,~,f .. t = , . Jul a9 PM ~ : 4~b ~~~, . ~~..4. GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 IN THE Plaint vs. KIMBERLY J. LEINBERGER CASEY L. LEINBERGER Mortgagors and Record Owners 37 East Keller Street Mechanicsburg, PA 17055 Defendants Oh 'COMIV~ON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE/~ORECLOSURE 10 - yQ5'j l.ilvit~CrN Term CAVIL ACT~I: IVIOfITWAC~ L4PlURf_ 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 O #aa. o© flD ATE'`/ ~~ 539~~7 ~,* ays99/ Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dies 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 continuer 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 provisiones 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 DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGARLE A UI~T 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 1NC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS `FIltM 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 I-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.or~/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 I-866-413-2311 or via email at homeretention(a~~oldbecklaw.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 100270FC. 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 Defendants are KIMBERLY J. LEINBERGER, 37 East Keller Street, Mechanicsburg, PA 17055 and CASEY L. LEINBERGER, 37 East Keller Street, Mechanicsburg, PA 17055, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On February 09, 2007 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1982 Page 2244. The mortgage has been assigned to: GMAC MORTGAGE, LLC by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property„). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for Apri101, 2010 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 ..................................................................................$108,906.31 Interest from 03/01/2010 through 07/09/2010 at 6.5000% .......................$2,514.79 Per Diem interest rate at $19.39 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$5,445.32 Late Charges from 04/01/2010 to 07/09/2010 .............................................$145.36 Monthly late charge amount at $36.34 Costs of suit and Title Search (Estimated) ................................................... $900.00 Property Inspection Fee .................................................................................$22.50 Corporate Advance ...................................................................................... $193.00 Escrow .......................................................................................................... $434.16 Monthly Escrow amount $272.20 $118,561.44 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Banknuptcy 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 Defendants 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 Defendants 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 Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $118,561.44, together with interest at the rate of $19.39, 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 gage and Sheriff's Sale of the Property. By: GOLDB CK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Krishna Murtha Pa. ID 61858 Ijavid 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.GS.A. §4904. Date: O~ ~~ By: CiOLD~3j~CK MCCAFFERTY & MCKEEVER Micha ((McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 avid Fein Pa. ID 82628 ~homas Puleo Pa. ID 27615 Attorneys for Plaintiff #100270FC KIMBERLY J. LEINBERGER and CASEY L. LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 Prepared By and Return To: Referral Department GOLDBECK McCAFFERTY & McICEEVER Mellon Independence Center -Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-825-6344 GMM File Number: 100270FC Parcel ID#: I7-23-0565 -089 ASSIGNMENT OF MORTGAGE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE 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 GMAC MORTGAGE, LLC. GMAC MORTGAGE, LLC (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 KIMBERLY J. LEINBERGER and CASEY L. LEINBERGER, Mortgagor(s); to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE, LLC F/KIA GMAC MORTGAGE CORPORATION. Bearing date of: February 09, 2007; Amount Secured: $115,000.00; Recorded on February 16, 2007; in Book 1982 Page 2244; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 37 East Keller Street, Mechanicsburg, PA 17055 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee,("Note") and all moneys due and to become 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 corpor t officers, h ex uted and sealed with its corporate seal this Assignment of Mortgage on this ~~ day of 2010. MORTGAGE ELECTROMC (Affix Corporate Seal) ss: STATE OF ~~. )COUNTY OF _ - ~'Y BE TT REMEMBERED, that on this day of 2010, before me, the subscriber, a Notary Public personally appeared r ~ nr Snr_rmtar~ MORTGAGE ELECTRONIC R STEMS INC AS NOMINEE FOR GMA MORTGAGE LLC F/K/~ GMAC MORTGAGE 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 tfiat the within instrtument is the voluntary act and deed of such co oration made by virtue of a Resolution of its Board of Directors. C Notary Public THOFPENNSYLYA1dIA I hereby certify the address of the Assignee is: 3451 l~ammond Avenge, Waterloo, IA 50702 My commission expireCOmtHfONwEAL NOTARIAL SEAL Cindy A Stewart, Notary Public Upper Dublin Twp, Montgomery Coattty My commission ex ins October ]9, 2013 Case #: 100270FC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION ~FciditA E~dNWt A - I.+gN Darofptbn ALL that oettain tract of land lying and bring in the Borrxrgh cf Mecfianicsbug, County of Cumberland, State d P~enrnyNar~a, more partla~fariy described as Hollows: BEQNMNG at a point on the nOrtllem Iine of East Keller Street, said point belrg 61.57 Heel in a wes~aly dlreatlon from tfie oErf~er line of Arrfi Stream therm alarg the natlrem Nne ~ East KNltr Street, South 82 degroes 30 minutes West 32.67 fleet do a corner of land torrrierly of Graoe I.2legfer, now or fornrdiy of Robert L Bootie; ttrerroe along Bald land Math 7 degras 30 nNnutes YVest 130 Hed bo a twenty feet wide alley; ltrartoe along said alley, Norlh 82 degrees 30 minutes East 32.b7 fat to a corner now or formerly of Carson M. Rider: therroe along said land and land crow or lbrrrrerly of Carl E. Sipe, South 7 degrees 30 minutes East 130 +~eet do a pohrt on tore nortNem Ilse of East IQlkr Street, the pfaae of BegMnirrg. BEING PARCEL N0. 17-23-OS650089 ~ 1 ~~2Q6226 I ~E.,~ki6it B GMAC Mortgage, LLC 3451 Hammond Avenue Waterloo , IA 50702 ACT 91 NOTICE TAKE ACTION TO SAVE Date: 06/02/10 YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee on vour home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached paces The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour 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 Counseline AQency The Dame, address and phone number of Consumer Credit Counseline Aeencies servine vour County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housine Finance Aaency toll free at 1 800-342-2397 (Persons with impaired hearine 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 PARR 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: CASEY L. LEINBERGER 37 EAST KELLER STREET MECHANICSBURG PA 17055-0000 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 counse]ing 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 (Brine it un to date) NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property located at 37 EAST ICELLER 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: 04/01/10 through 06/01/10. See attached Exhibit for payment breakdown. Monthly Payments $ 2997.24 Late Charges $ 72 68 NSF $ 0.00 Inspections $ 11.25 Other (Default Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 3081.17 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 $ 3081.17, 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 ap licable ~ 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 riehts to accelerate the morteaee 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 anon your morteaeed nronerty 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 nay 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 anv time up to one hour before the Sheriff s Sale You may do so by~aying the total amount then past due, plus anv late or other charges then due reasonable attorney s fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing anv other regUirements under the morteaae. 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: 800-850-4622 Fax Number: 866-709-4744 Contact Person: Collection Deparhnent 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 1F NO DEFAULT HAD OCCURRED, 1F 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 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5041 EXHIBIT 04/01/10 through 06/01/10 Mo. Pmt. Amt. $ 999.08 GMAC Mortgage, LLC 3451 Hammond Avenue Waterloo , IA 50702 ACT 91 NOTICE TAKE ACTION TO SAVE Date: 06/02/ 10 YOUR HOME FROM FORECLOSURE This is an official notice that the mortga eon 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 vour 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 Agencv The name, address and phone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agencv 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 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: KIMBERLY J. LEINBERGER 37 EAST KELLER STREET MECHANICSBURG PA 17055-0000 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 un to date) NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property located at 37 EAST KELLER 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: 04/01/10 through 06/01/10. See attached Exhibit for payment breakdown. Monthly Payments $ 2997.24 Late Charges $ 72 68 NSF $ 0.00 Inspections $ 11.25 Other (Default Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 3081.17 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not annlicable): 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 $ 3081.17, 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 annlicable 1 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 mortea ed uronerty 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 (331 DAYS period, you will not be required to uav 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 anv time up to one hour before the Sheriff s Sale You may do so by ~yinQ thetotal amount then past due, plus anv 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: 800-850-4622 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 1F 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 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5041 EXHIBIT 04/01/10 through 06/01/10 Mo. Pmt. Amt. $ 999.08 ` GOLDBECK McCAFFERTY & McKEEVER ATTORNEY FOR PLAINTIFF Professional Corporation By: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ~v~ 9 Pm / ~ « GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. KIMBERLY J. LEINBERGER and CASEY L. LEINBERGER Mortgagor(s) and Record Owner(s) 37 East Keller Street Mechanicsburg, PA 17055 IN THE COURT OF COMNLON PLEAS OF Cumberland COUNTY Term No. 10-4957 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to Plaintiffls Complaint filed on July 29, 2010 in the above captioned matter. GOLDBECK McCAFFERTY & McKEEVER ~~Michael T. MoK vee er Attorney for Plaintiff ' GOLDBECK McCAFFERTY & McKEEVER ATTORNEY FOR PLAINTIFF Professional Corporation By: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. KIMBERLY J. LEINBERGER and CASEY L. LEINBERGER Mortgagor(s) and Record Owner(s) Term No. 10-4957 CIVIL TERM 37 East Keller Street Mechanicsburg, PA 17055 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffls Praecipe to Substitute Verification to Plaintiffls Complaint was served on Defendant(s) via first class mail on August 5, 2010 as follows: KIMBERLY J. LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 CASEY L. LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 LEINBERGER, CASEY L. PO Box 1232 Mechanicsburg, PA 17055 GOLDBECK McCAFFERTY & McKEEVER ichael T. McKeever Attorney for Plaintiff ~~~ ~ VERIFICATION I,_~ ~ tephatl , as the representative for the Plaintiff corporation -+-1 i~vi~. ~Ji~rIl1Il O~ within named do hereby ven~y tha~ am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject t e penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: ~ ~~ Jeffrey Step~~ Limited Signing Cl~t~ #100270FC - KIMBERLY J. LEINBERGEj~,afid CASEY L. LEINBERGER 37 East Keller Street Mechanicsburg, PA 055 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t_ Sheriff = Jody S Smith ~,. Chief Deputy ~ iJ 3'?'?~ G~ E O i ~ , `~~~ ~ ~ , `''i l i~~ ~ 1; l ~,1 i t ~u.+, 1 Richard W Stewart ' { " `_` a(~ O ~~ ~, ,, ;,~ Solicitor F c~ F ~~: s~sRiFF G~ ,. _ , ~; GMAC Mortgage, LLC vs. Case Number Casey Leroy Leinberger (et al.) 2010-4957 SHERIFF'S RETURN OF SERVICE 08/03/2010 08:38 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 3, 2010 at 2038 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kimberly J. Leinberger, by making known unto herself personally, at 37 E. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. ~` ~ RYAN BURGETT, DEPUTY 08/12/2010 02:33 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 12, 2010 at 1433 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Casey Leroy Leinberger, by making known unto himself personally, at 1200 Distribution Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. ~~ NOAH CLINE, DEPUTY SHERIFF COST: $58.40 August 13, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Shenfl, Teleosoft, Inc. In the Court of Common Pleas of Cumberland County GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff I No. 10-4957 CIVIL TERM Vs. KIMBERLY J. LEINBERGER CASEY L LEINBERGER c-? A (Mortgagor(s) and Record Owner(s)) © --t 37 East Keller Street mcO cn rrI rn rn- Mechanicsburg, PA 17055 v -?? Defendant(s ) CD r-- --4 C) PRAECIPE FOR JUDGMENT ? Zc-.3 r%) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLEC?$)E&g' rn 5-' OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TH$ PVRP0? OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against KIMBERLY J. LEINBERGER and CASEY L LEINBERGER by default for want of an Answer. Assess damages as follows: Debt Interest from 09/20/10 to Date of Sale per diem at $19.39 Total (Assessment of Damages attached) $120,555.21 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 Addefaa o ed and at lea st ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. RBy: GOLDBECK MCCAFFERTY & MCKEEVER Mic el McKeever Pa. ID 56129 Gy'y McCafferty Pa. ID 42386 sa Lee Pa. ID 78020 istina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff AND NOW a???e f C-1 01o , Judgment is entered in favor of GMAC MORTGAGE, LLC and against KIMBERLY J. LEINBERGER and CASEY L LEINBERGER by default for want of an Answer and damages assessed in the sum of $120,555.21 as per the ove rtificatio tary 4I4.oo PO ATTY at 64(P(o 35 p,* a48&i7 NAa-e, Uadolq 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 Plaintiff vs. KIMBERLY J. LEINBERGER CASEY L LEINBERGER (Mortgagors and Record Owner(s)) 37 East Keller Street Mechanicsburg, PA 17055 Defendant(s) No. 10-4957 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 Prothono By: P R-Y g f ?/io 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 100270FC 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: September 7, 2010 TO: CASEY L. LEINBERGER LEINBERGER, CASEY L. PO Box 1232 Mechanicsburg, PA 17055 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 VS. KIMBERLY J. LEINBERGER CASEY L LEINBERGER (Mortgagor(s) and Record Owner(s)) 37 East Keller Street Mechanicsburg, PA 17055 TO: CASEY L. LEINBERGER PO Box 1232 Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 10-4957 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 IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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 100270FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: CASEY L. LEINBERGER LEINBERGER, CASEY L. 37 East Keller Street Mechanicsburg, PA 17055 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff VS. KIMBERLY J. LEINBERGER CASEY L LEINBERGER (Mortgagor(s) and Record Owner(s)) 37 East Keller Street Mechanicsburg, PA 17055 Defendant(s) TO: CASEY L. LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 DATE OF THIS NOTICE: September 7, 2010 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 10-4957 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 IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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 100270FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO KIMBERLY J. LEINBERGER LEINBERGER, KIMBERLY J. 37 East Keller Street Mechanicsburg, PA 17055 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff VS. KIMBERLY J. LEINBERGER CASEY L LEINBERGER (Mortgagor(s) and Record Owner(s)) 37 East Keller Street Mechanicsburg, PA 17055 Defendant(s) TO: KIMBERLY J. LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 DATE OF THIS NOTICE: September 7, 2010 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 10-4957 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 IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. 100270FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: CASEY L LEINBERGER LEINBERGER, CASEY L. 1200 Distribution Drive Carlisle, PA 17013 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. KIMBERLY J. LEINBERGER CASEY L LEINBERGER (Mortgagor(s) and Record Owner(s)) 37 East Keller Street Mechanicsburg, PA 17055 Defendant(s) TO: CASEY L LEINBERGER 1200 Distribution Drive Carlisle, PA 17013 DATE OF THIS NOTICE: September 7, 2010 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 10-4957 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 IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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, KIMBERLY J. LEINBERGER, is about unknown years of age, that Defendant's last known residence is 37 East Keller 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: "{ '' n ' 0 Michelle Clarkson 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, CASEY L LEINBERGER, is about unknown years of age, that Defendant's last known residence is 1200 Distribution Drive 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: ?? 10 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 Plaintiff VS. KIMBERLY J. LEINBERGER CASEY L LEINBERGER (Mortgagor(s) and Record owner(s)) 37 East Keller Street Mechanicsburg, PA 17055 Defendant(s) ORDER FOR JUDGMENT IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 10-4957 CIVIL TERM Please enter Judgment in favor of GMAC MORTGAGE, LLC, and against KIMBERLY J. LEINBERGER and CASEY L LEINBERGER for failure to file an Answer in th ove action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of t Taint, in the sum of $120,555.21. By: G BECK MCCAFFERTY & MCKEEVER Mic ael McKeever Pa. ID 56129 G McCafferty Pa. ID 42386 Visa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is 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 KIMBERLY J. LEINBERGER, 37 E Keller Street Mechanicsburg, PA 17055 and CASEY L LEINBERGER, 1200 Distribution Drive Carlisle, PA 1701 By: Q'V GOLDBECK MCCAFFERTY & MCKEEVER Mic el McKeever Pa. ID 56129 Gy'y McCafferty Pa. ID 42386 sa 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 $108,906.31 Interest from 03/01/2010 through $3,891.48 09/18/2010 Reasonable Attorney's Fee $5,445.32 Late Charges $218.04 Costs of Suit and Title Search $900.00 Escrow Payments Due 2 X $272.20 $544.40 Property Inspection Fee $22.50 Corporate Advance $193.00 Escrow $434.16 $120,555.21 By: GOLD ECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Qyky McCafferty Pa. ID 42386 L*fisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. lD 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff AND NOW, this 61511td day of , 2010 damages are assessed as above. Pro Prothy 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 KIMBERLY J. LEINBERGER CASEY L LEINBERGER Mortgagor(s) and Record Owner(s) 37 East Keller Street Mechanicsburg, PA 17055 Defendant(s) TO THE PROTHONOTARY: vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 10-4957 CIVIL TERM ?? no CID CQ m r- rn -a i W o -V CD tv t i --a ' O s PRAECIPE FOR WRIT OF EXECUTION Plaintiff Issue Writ of Execution in the above matter: 58:40 ga.00 ??. oo a. ?o Iao.Ro D PD AY Y a8F - PO A ri Amount Due Interest from 09/20/10 to Date of Sale per diem at $19.39 (Costs to be added) • 50 l.l.. ct s444(v?5S R,*a4s&'rl $120,555.21 By. V - GOL K MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kri tina Murtha Pa. ID 61858 D vid Fein Pa. ID 82628 omas Puleo Pa. ID 27615 Attorneys for Plaintiff RE 04? 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 IN THE COURT OF COMMON PLEAS Waterloo, IA 50702 Plaintiff of Cumberland County vs. KIMBERLY J. LEINBERGER CIVIL ACTION - LAW CASEY L LEINBERGER (Mortgagor(s) and Record Owner(s)) 37 East Keller Street ACTION OF MORTGAGE FORECLOSURE Mechanicsburg, PA 17055 Defendant(s) No. 10-4957 CIVIL 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: 37 East Keller Street Mechanicsburg, PA 17055 l.Name and address of Owner(s) or Reputed Owner(s): a - 71 w --d KIMBERLY J. LEINBERGER rn cn 37 East Keller Street mr*t rat -sr- Mechanicsburg, PA 17055 Qc; CASEY L LEINBERGER < -t7 n CD o -st 1200 Distribution Drive ?o Carlisle, PA 17013 CD ? M p 2. Name and address of Defendant(s) in the judgment: KIMBERLY J. LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 CASEY L LEINBERGER 1200 Distribution Drive Carlisle, PA 17013 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 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 37 East Keller 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: September 17.2010 --mi?Nk2qiki" G60) ECK McCAFF Y & McKEEVER BY: Michelle Clarkson 10-4957 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 VS. KIMBERLY J. LEINBERGER CASEY L LEINBERGER Mortgagor(s) and Record Owner(s) 37 East Keller Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 10-4957 CIVIL TERM Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO r-D COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO ? COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE-o= USED FOR THAT PURPOSE. W ?ca C to '0 rn? rv ?? NOTICE OF SHERIFF'S SALE OF REAL PROPERTY n-1 TO: LEINBERGER, CASEY L. ? N C:)m CASEY L. LEINBERGER PO Box 1232 Mechanicsburg, PA 17055 Your house at 37 East Keller Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 02, 2011, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $120,555.21 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 find out how much you must pay call: 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 10-4957 CIVIL TERM 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are 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 Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 10-4957 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.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website: http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.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 100270FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 10-4957 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. KIMBERLY J. LEINBERGER CASEY L LEINBERGER Mortgagor(s) and Record Owner(s) 37 East Keller Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 10-4957 CIVIL TERM Defendants 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: LEINBERGER, CASEY L. CASEY L. LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 Your house at 37 East Keller Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 02, 2011, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $120,555.21 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 find out how much you must pay call: 215-825-6329 or 1-866413-2311. 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. 10-4957 CIVIL TERM 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 bow to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU 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 Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 10-4957 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.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.awx. 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 homeretentionkgoldbecklaw.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 100270FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. 10-4957 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. KIMBERLY J. LEINBERGER CASEY L LEINBERGER Mortgagor(s) and Record Owner(s) 37 East Keller Street Mechanicsburg, PA 17055 Defendant(s IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 10-4957 CIVIL TERM 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: LENBERGER, KIMBERLY J. KIMBERLY J. LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 Your house at 37 East Keller Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 02, 2011, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $120,555.21 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 find out how much you must pay call our office at 215-825-6329 or 1-866413-2311. 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. 10-4957 CIVIL TERM 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: ho://www.philadel_phiafed.orWforeclosure/ 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 Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 10-4957 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.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.gpx. 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&jzoldbecklaw.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 100270FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 VS. KIMBERLY J. LEINBERGER CASEY L LEINBERGER Mortgagor(s) and Record Owner(s) 37 East Keller Street Mechanicsburg, PA 17055 10-4957 CIVIL TERM IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 10-4957 CIVIL TERM Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LEINBERGER, CASEY L. CASEY L LEINBERGER 1200 Distribution Drive Carlisle, PA 17013 Your house at 37 East Keller Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 02, 2011, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $120,555.21 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 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. 10-4957 CIVIL TERM 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are 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: h!ip://www.philadelphiafed.orp-/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 Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 .. 10-4957 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). Cali 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.aWx. 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@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 10027017C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4957 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From KIMBERLY J. LEINBERGER and CASEY L. LEINBERGER (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 $120,555.21 L.L.$.50 Interest from 9/20/10 to Date of Sale per diem at $19.39 Atty's Comm % Due Prothy $2.00 Atty Paid $190.90 Plaintiff Paid Date: 9/23/10 (Sea)) Other Costs avid D. Buell, rothonotary By: Deputy REQUESTING PARTY: Name: THOMAS PULED, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 27615 GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 VS. KIMBERLY J. LEINBERGER and CASEY L LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 OF Cumberland COUNTY No. 10-4957 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. 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 mortgage upon the premises 37 East Keller Street, Mechanicsburg, PA, 17055, hereinafter, the "mortgaged premises". 2. Defendants, KIMBERLY J. LEINBERGER and CASEY L LEINBERGER, are the mortgagors and real owners of the mortgaged premises. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), the undersigned attorney hereby certifies that no judge has ruled on any other matters in this case. I further certify that I am 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, KR?MERLY J. LEMERGER, is 37 East Keller Street, Mechanicsburg, PA, 17055 as set forth in Paragraph 2 of the Complaint. ?F}Iye,Q 1LED-Of 2C rm 1a? 1 "13??t}?o cou??? ? ?,ySYLYANIA IN THE COURT OF COMMON PLEAS 5. The Sheriff has been unable to effect service of the Notice of Sale upon Defendant, KIMBERLY J. LEINBERGER, at her last known address after numerous attempts. As per the Sheriff, service was attempted at 37 East Keller Street, Mechanicsburg, PA, 17055 but the property was discovered to be vacant. 6. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, KIMBERLY J. LEINBERGER. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Notice of Sale upon Defendant, KIMBERLY J. LEINBERGER, by posting the premises and certified and regular mail to the Defendant's last known address. B/GDBEC CCAFFERTY & MCIIEEVER l 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 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff Affidavit of Goad Falth lmret3tigatlon At the request of the law firm identified below I initiated an investigation into the whereabouts of the defendant identified as the subject below. The following is true and accurate' representation of my investigation. - - ::12. u.n.. r--IQ 1\urrluCr. lvv'erurt? Attomey/Law Firm : GOLDBECK, MCCAFFERTY & MCKEEVER Subject Name: KIMBERLY J. LE/NBERGER Property Address: Street: 37 East Keller Street City: Mechanicsburg' State: PA Zip: 17055 Ski Rte: Date of Birth: None Found ProVest File Number: 2807359 Last Known Address (as of 1119/2011) Street: 37 East Keller Street City : Mechanicsburg State: PA Zip: 17055 D"Ih Record Search As of 1119/2011, the Social Security Administration has no death record on file for KIMBERLY J, LEINBERGER. Social Seourfty Nurnber [Xj Verifed [ ] NOt Venfed SSN# XXX-XX-XX83 Employment Search Du ring a search for employment of our d®fendarit no empiayment information = was provided prior to the Investigation or ring the Investigations. Business Records S No verifiable business records found, Creditor Header lnquky The latest address from the credit header info is: Address: 37 E KELLER ST MECHANICSBURG PA 17055 3827 D erlt of Motor V?Reoorda Search" , No records found Driven; Uoense IMonradon No current records found. ( Govammarrt ll-+ Non-gove nmerrtal [ ] Professional Ueenees Search No current records found. Mftry 3e8vch BASED ON THE INFORMATION YOU HAVE FURNISHED, THE DM DC DOES NOT POSSESS ANY INFORMATION INDICATING THE INDIVIDUAL STATUS. of U Wig & Friend L7244-684-7485: Spoke with possible relative, Shane S Corica, does not know s endant. 717-691-1776. Spoke with possible relative, does not know defendant . 717-691-9278: Called possible neighbor, Tara H Savarino, answering machine answered, no message left. Ccrnmants: "°"° '•V'o""u?'ntl M rL, ?, UA, yr, Nti; OR, PA, VA, wA. '- Historical data in CO, pE, !D, !L, KY,1J4, MD, + Data available in CO, CT, DE, FL, ID, IL, KY, LA. ME, MD, MA, MI, MN, MS, MO, NH, ND, OH, SC, TN, TX, NV WI, wy. NH, ND, SC, VtiN. The foregoing staternent is true and correct, i understand that false statements herein are made subject to the pertaltles of 18 Pa.C.S.A. §4MM relating to unswom falsification to authorities. Ureter penafties of perjury, I declare that 1 have read the foregoing affidavit and that the facts stated in it are true. --may Joseph Comer Provest Services LLC STATE OF FLORIDA COUNTY OF HILLSBOROUGH Sworn to or aftrmed and signed before me on this t sy oijunA. (Seal) f t 9/2611 ' °•*trl.l? r?/??*?ltirfflt ?.? ........... w?UL1P J. VVdUEZ' t•mr*DX71147g Z26) =Irt35 91$j11 i M _Ayf$1iiibWy Known ( ) Produced of tic Printed Narite of Notary Public as identification SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor GMAC Mortgage,'LLC vs. Case Number Casey Leroy Leinberger (et al.) 2010-4957 SHERIFF'S RETURN OF SERVICE 01/05/2011 09:42 AM - Deputy Gerald Worthington, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Casey Leroy Leinberger at 5 E. Main Street 3rd floor, Mechanicsburg, PA 17055, Cumberland County. 01/06/2011 12:15 PM - Deputy Sheldon Marshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 37 East Keller Stree, Mechanicsburg, PA 17055, Cumberland County. 01/07/2011 10:15 AM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Kimberly J. Leinberger, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 37 East Keller Street, Mechanicsburg, PA 17055, address is vacant, defendant did not leave a forwarding address at the post office. SHERIFF COST: $908.94 January 10, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Io GouniySuile S;.erdi. Te'eosoft. Irz, 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, IA 50702" vs. KIlVMERLY J. LEINBERGER and CASEY L LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 10-4957 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa R C P 430(a) Plaintiff has filed a Notice of Sheriff's Sale against Defendant, KIMBERLY J. LEINBERGER, which the Sheriff has been unable to personally serve upon Defendant, KIMBERLY J. LEINBERGER. 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 the Notice of Sheriff's Sale upon Defendant, KIMBERLY J. LEINBERGER, by posting the premises and certified mail and regular mail to the Defendant's last known address. By. - - - LDBEC MCCAFFERTY & MCKEEVER Allichael 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 Jill P. Jenkins Pa. 11) 306588 Attorneys for Plaintiff 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. KIMBERLY J. LEINBERGER CASEY L LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE; of Cumberland County No. 10-4957 CIVIL TERM 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, KIMBERLY J. LEINBERGER this' ay of 2011, by first class mail, postage prepaid. KIMBERLY J. LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 CASEY L. LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 By; & McKeever IN THE COURT OF COMMON PLEAS K-YIft-Mahon: y, Legal Secretary Direct Phone: 215-825-6376 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 VS. KIMBERLY J. LEINBERGER and CASEY L LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 ORDER I9 day of 1w 2011, upon consideration of the Plaintiffs AND NOW, this 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, KIMBERLY J. LEINBERGER, 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's Sale upon Defendant, KIMBERLY J. LEINBERGER, by posting a copy of the Notice upon the premises 37 East Keller Street, Mechanicsburg, PA, 17055, and Plaintiff is directed to serve the Notice of Sheriff Sale by certified and regular mail to the Defendant's last known address at 37 East Keller Street, Mechanicsburg, PA, 17055, 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 and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, KIMBERLY J. LEINBERGER, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: t V D?"' J. t I? Distribution list: ?Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 KIMBERLY J. LEINBERGER, 37 East Keller Street Mechanicsburg, PA 17055 CASEY L LEINBERGER, 1200 Distribution Drive Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 D• OFFICE 1 t.. :. 'V P;OT'ti0 07i=, ' 1111FU524 W11:32 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 VS. Plaintiff KIMBERLY J. LEINBERGER CASEY L LEINBERGER Mortgagor(s) and Record Owner(s) 37 East Keller Street Mechanicsburg, PA 17055 Defendant(s) 100270FC CF: 07/29/2010 SD: 03/02/2011 $120,555.21 kj,?$YL COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-4957 CIVII, TERM CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) 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 Sheriffs Office/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). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. Premises was posted by S e 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,5ubmitt d, ?itiw attiy?-? BY: ERIC KEENAN Legal Secretary IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC; et seq. Plaintiff (Petitioner) V. KIMBERLY J. LEINBERGER; et al. Defendant (Resp(ndent) CASE and/or DOCKET No.: 10-4957 CIVIL TERM Sherlfl s Sale Date' 3/2/2011 AFFIDAVIT OF SERVICE Complaint Ej Summons W Other: NOTICE OF SHERIFFS 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 attempted to serve KIMBERLY I. LEINBERGER the above process on the 4 day of February, 2011, at 9:35 o'clock, AM, at 37 East Keller Street Mechanicsburg, PA 17055, County of Cumberland, Commonwealth of Pennsylvania: :Manner of Service: G6 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 dateshimes: l) Commonwealth/State of 11A 2) 3) SS: County of (??,,r/cr ) Before me, the undersig d notary public, this day, personally, appeared rw ?Nvt?l to me known, who being duly sworn accordi?g to law, deposes the following: -? r 1 hereby swear or atat the facts set forth in the foregoing Affidavit of Service are true and correct. of Affiant) File Number:100270FC Subscribed an orn to before me this -r da f Fob 20jj_. Notary Public M,ObfWm-r-l OP PENNSYLVANIA r tVC ttat 5ta1 Patc Mo. It 981tUN NOWY F01" Vu'slttir-?an ? plrg?Mv iC ? Q13 _ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor QOJT °t 4ttildi1.1,444 JF F.l"? =Jt TN@ ?:F.I?F GMAC Mortgage, LLC Case Number vs. Casey Leroy Leinberger (et al.) 2010=4957 SHERIFF'S RETURN OF SERVICE 01/0512011 09:42 AM - Deputy Gerald Worthington, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Casey Leroy Leinberger at 5 E. Main Street 3rd floor, Mechanicsburg, PA 17055, Cumberland County. 01/06/2011 12:15 PM - Deputy Sheldon Marshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 37 East Keller Stree, Mechanicsburg, PA 17055, Cumberland County. 01/07/2011 10:15 AM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Kimberly J. Leinberger, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 37 East Keller Street, Mechanicsburg, PA 17055, address is vacant, defendant did not leave a forwarding address at the post office. SHERIFF COST: $908.94 SO ANSWERS, January 10, 2011 RON R ANDERSON, SHERIFF !' r..^-urnS'g1q:heri'1 J ? AID! N CS? !r?r T ? O J; Jr W 14. ua n c a d v a c ?c o'g a°D Z ? ? m 19 zw v LE m ? ? S a° h c? V O Z O x LU _ " N FQ Co LU 4) 2rE? a ?,go. ?mcr05 as U o O U J o -I U- CO C: U, U) o V- V 0 _ CL m a a z m 02 Y ?y? d o? U Na c ? rn 000 ??OO (n ? x0 °-' W 7?E; `a m L 0OO `m cumU ¢ =) a ) 0..mT io _ v z c c°'n W Q as VOxuj a_ C-4 JC'1 cw0wuj10 co muOQpr a)QUj?go zo?oarn III I cv t m ai C O C a! V Q T 0. d d m '$ z ffi CL ?E O '60 is E z, 3 C Q t O 0 A C r a c? ! bi U N W C3 o ? i w m z W d J m W 0 c cli $ a) LU .n co E z 2 6 w y U J M LL c 0 W io N m > T LL O 0. ? r' j is ?I I I II i ii f, i II II. I i it i 1 ` ?ZI ti c r ID ' {S ? o zOWO a aa - 6# N ? O) d' N LL ??[IIVCI f` O .? O • x C O r 666_gO161 kd E / a a V o _ 4 E 115 o 5 a 0 a° g $ ? o $ 3 a N v E W W a ???? E U C } Ir Q m $ s m cu n Co ?- a ` Y o U? UJ CD ?Y 8 a - ???? W ?ae? L t l V J CO) CL ?a c ? Z o? o ?a M ? ?/I Q N r oWCLN <Y 80 SS W UJ c 4m''??1v++''1c! 5 L 0 Z05,f, 0cn4.d!! r N fh to n CC rgg a c 0 a_ `o Y C G a s V O N O W m C7 O ? co O m W ? J J CO } W N r Q 3 U c U ct v t1J C3, N ? W E z U W C* LL J m 0 N W to p a Y GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, lA 50702 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. KIMBERLY J. LEI BERGER and CASEY L LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 10-4957 CIVIL TERM ORDER AND NOW, this o0 day of %)U 2011, 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, KIMBERLY J. LEINBERGER, 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's Sale upon Defendant, KIMBERLY J. LEINBERGER, by posting a copy of the Notice upon the premises 37 :East Keller Street, Mechanicsburg, PA, 17055, and Plaintiff is directed to serve the Notice of Sheriff Sale by certified and regular mail to the Defendant's last known address at 37 East Keller Street, Mechanicsburg, PA, 17055, 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 and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, KIMBERLY J. LEINBERGER, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: is[ M.E. E&A SL, J. Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 KIMBERLY J. LEINBERGER, 37 East Keller Street Mechanicsburg, PA 17055 CASEY L LEINBERGER, 1200 Distribution Drive Carlisle, PA 17013 Form 3877 Goldbeck McCafferty & McKeever 969005937 701 Market Street Sequence Number: PHILADELPHIA, PA 19106 0000779 Pc ID #1 Addressee Name Postage ES ES dale # Delivery Address Type,,,,.FW 100270KIMBERLY.L3/2 LEINBERGER, KIMBERLY J. 9171082133393896939824 37 East Keller Street - Mechanicsburg, PA 17055 96734QB3/1 BURTON, QUINCY M. 9171082133393896939848 1729 North 25th Street Philadelphia, PA 19121 96734QB3/1.2 BURTON, QUINCY M. 9171082133393896939855 4909 North 11th Street Philadelphia, PA 19141 98462CM311 MILLER, CHRISTOPHER L. 9171082133393896939831 802 Napfle Avenue Philadelphia, PA 19111 0.440 C 02.800 ERR 01.100 0.440 C 02.800 ERR 01.100 0.440 C 02.800 ERR 01.100 0.440 C 02.800 ERR 11.100 Insured Due Value Sender 0.00 0.00 0.00 0.00 Total Charge 4.340 4.340 4.340 4.340 Page Totals: 4 1.760 15.600 17.360 Cum Totals: 4 1.760 15.600 17.360 USPS CERTIFICATION Total Number of Pieces Receiv Round Stamp: Signature of Receiving Employ Page: 1 MAC erL Ver. Num. SendSuite - MAC v6.00.6.01.J 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 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. KIMBERLY J. LEINBERGER CASEY L LEINBERGER Mortgagor(s) and Record Owner(s) 37 East Keller 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. 10-4957 CIVIL 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: 37 East Keller Street Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): KIMBERLY J. LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 CASEY L LEINBERGER 1200 Distribution Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: KIMBERLY J. LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 CASEY L LEINBERGER 1200 Distribution Drive Carlisle, PA 17013 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 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 37 East Keller 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: February 21, 2011 GOLDBECK McCAFFERTY & McKEEVER BY: ERIC KEENAN Legal Secretary SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4u?ttr of ?u??brr?ary? F IL FD-i. ( f r it P?, I f" ` i e , tt: "'-'I I JUN 24 AV, 9: 3 I;LIMBERLAt D -j-11, `',' GMAC Mortgage, LLC Case Number S. Casey Leroy Leinberger (et al.) 2010-4957 SHERIFF'S RETURN OF SERVICE 01/05/2011 09:42 AM - Deputy Gerald Worthington, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Casey Leroy Leinberger at 5 E. Main Street 3rd floor, Mechanicsburg, PA 17055, Cumberland County. 01/06/2011 12:15 PM - Deputy Sheldon Marshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 37 East Keller Stree, Mechanicsburg, PA 17055, Cumberland County. 01/07/2011 10:15 AM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Kimberly J. Leinberger, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 37 East Keller Street, Mechanicsburg, PA 17055, address is vacant, defendant did not leave a forwarding address at the post office. 03/02/2011 As directed by Michael McKeever, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/4/2011 05/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on May 04, 2011 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Michael McKeever, on behalf of GMAC Mortgage, LLC, 3451 Hammond Ave, Waterloo, IA 50702, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $897.62 May 24, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ?? ??d 77 ??/paw (ciCauntySui e Sheriff, leleosoft. Ir;. 0 •t GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff 10-4957 CIVIL TERM GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. KIMBERLY J. LEINBERGER CASEY L LEINBERGER Mortgagor(s) and Record Owner(s) 37 East Keller Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 10-4957 CIVIL TERM Defendants 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: LEINBERGER, CASEY L. CASEY L. LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 Your house at 37 East Keller Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 02, 2011, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $120,555.21 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 find out how much you must pay call: 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 10-4957 CIVIL TERM 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 10-4957 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). Cali 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. gpx. 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@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 100270FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4957 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From KIMBERLY J. LEINBERGER and CASEY L. LEINBERGER (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 $120,555.21 L.L.$.50 Interest from 9/20/10 to Date of Sale per diem at $19.39 Atty's Comm % Due Prothy $2.00 Atty Paid $190.90 Other Costs Plaintiff Paid Date: 9/23/10 avid D. Buell, Proth otary (Seal) By: REQUESTING PARTY: Name: THOMAS PULED, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy TRUE COPY FROM RECORD In Tbownarri whored. I here unto set my hand and the aNt of "M CAKt at Cadef , P& Tka -10 Prothonotary Supreme Court ID No. 27615 On November 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered 37 East Keller Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 22, 2010 By: Real Estate Coordinator tallE s., t Goldbeck MXaffefty & 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 Plaintiff vs. KIMBERLY J. LEINBERGER CASEY L LEINBERGER (Mortgagor(s) and Record Owner(s)) 37 East Keller Street Mechanicsburg, PA 17055 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 10-4957 CIVIL TERM 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: 37 East Keller Street Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): KRABERLY J. LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 CASEY L LEINBERGER 1200 Distribution Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: KRVIBERLY J. LEINBERGER 37 East Keller Street Mechanicsburg, PA 17055 CASEY L LEINBERGER 1200 Distribution Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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 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 37 East Keller 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 unworn falsification to authorities. DATED: September 17, 2010 G LDBECK MCCAFF Y & McKEEVER BY: Michelle Clarkson PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 28, February 4, and February 11, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. i ? w 'sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 11 da of Feb- 2011 Notary NOTARIAL SEAL OL/ORAH A COLLINS Notary Public I AANILI BOROUGH, CUMBERLAND COUNTY QMMdaalon Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-4957 Civil GMAC Mortgage, LLC VS. Casey Leroy Leinberger Kimberly J. Leinberger Atty.: Michael McKeever ALL THAT CERTAIN piece of par- cel of land situate in the Borough of Mechanicburg, Cumberland County, Pennsylvania bounded and described in accordance with a survey and plan thereof made by Gerrit J. Betz Associ- ates, Inc., dated December 10,1975 as follows: BEGINNING at a point on the northern line of East Keller Street, said point being 61.57 feet in a westerly direction from the center line of Arch Street; thence along the northern line of East Keller Street, South 82 degrees 30 minutes West, a distance of 32.67 feet to a corner of land, now or formerly of Robert L. Boose; thence along said land North 7 degrees 30 minutes West, a distance of 130 feet to a twenty feet wide alley; thence along said alley, North 82 degrees 30 minutes East, a distance of 32.67 feet to a corner of land now or formerly of Carson M. Rider; thence along said land and land now or formerly of Carl E. Sipe, South 7 degrees 30 minutes East, a distance of 130 feet to a point on the northern line of Keller Street, the place of BEGINNING. PARCEL# 17-23-0565-089. PROPERTY ADDRESS: 37 EAST KELLER STREET, MECHANICS- BURG, PA 17055. 36 f- The Patriot-News Co. 2020 Technology Pkwy Suite-300 Mechanicsburg,, PA 17050 Inquiries - 717..:255-8213 CUMBERLAND CO. SHERIFFS OF=FICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ?he;patrrot-:fetus NoH, you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in t:he subject matter of said printe=d notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 1/28111 Sworn to and-Subscribed before the this 22 day;'of February Notary Public COMMONWEALTH OF PENNSYLVANIA __ _._ . ??? Seal Sherrie L Visner, Notary Public -mer Paxton Twp•, Dauphin County rry Cornmission Expires Nov. 26, 2011 afg?xyt?r. 'ennsvivanla dissociation of NotarW- 201 1 A D. 2/4/11 2111/11 2010-4957 ClvB Trm QIAGpe, LLC vs Casey Leroy Leir*W W 10Mberly J. Lelnberger Atty: Mk9+ee1 McKeever -ALL THAT CERTAIN PIECE OF PARCEL OF LAND SITUATE IN THE BOROUGH OF MECHANICBURG, CUMBERLAND COUNTY, PENNSYLVANIA BOUNDED AND DESCRIBED, IN ACCORDANCE WITH A SURVEY AND PLAN THEREOF MADE BY GERRIT J. BETZ ASSOCIATES, INC., DATED DECEMBER 10,1975 AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN LINE OF EAST KELLER STREET SAID POINT BEING .61.57 FEET IN A WESTERLY DIRECTION FROM THE CENTER LINE OF. ARCH STREET; THENCE ALONG THE NORTHERN LINE OF EAST KELLER STREET SOUTH 82 DEGREES 30 MINUTES WEST A DISTANCE OF 32.67 FEET TO A CORNER OF LAND, NOW OR FORMERLY OF ROBERT L. BOOSE; THENCE ALONG SAID LAND NORTH 7 DEGREES 30 MINUTES WEST, A DISTANCE OF 130 FEET TO A TWENTY FEET WIDE ALLEY; THENCE ALONG SAID ' ALLEY, NORTH 82 DEGREES 30 MINUTES EAST A DISTANCE OF 32.67 FEET TO A, CORNER OF LAND NOW OR FORMERLY OF CARSON M. RIDER; THENCE ALONG SAID LAND AND LAND NOW OR FORMERLY OF CARL E. SIPE, SOUTH 7 DEGREES 30 MINUTES EAST, A DISTANCE OF 130 FEET TO A POINT ON THE NORTHERN LINE OF KELLER STREET, THE PLACE OF BEGINNING. PARCF",17-23-0565-089 PROPERTY ADDRESS: 37 EAST KELLER STREET MECHANICSBURG, PA 17055 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which GMAC Mortgage LLC is the grantee the same having been sold to said grantee on the 4 day of May A.D., 2011, under and by virtue of a writ Execution issued on the 23 day of September, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 4957, at the suit of GMAC Mortgatel, LLC against Kimberly J Leinberger & Casey J Leinberger is duly recorded as Instrument Number 201117747. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this a ?{ day of A.D. of O (/ ? ecor er of Deeds d a bi bdanocaftM Mir &*n#*RAtMW4VdjHL3M M,?dML:;? ,'.,,may,