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HomeMy WebLinkAbout10-5704GOLDBECK 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 F 7` ^' (*^j7 .. L 171 ?'?iU cou\Iffy US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX 1 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. AMBER L. LAUDERMILCH THOMAS W. LAUDERMILCH JR. Mortgagors and Record Owners 428 West Simpson Street Mechanicsburg, PA 17055 Defendants IN THE COURT PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE !o - 5'70q C1 v'I I Term CIVII.Ne1Or EORECt,r WAGE 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 proceod 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 prope>f ty 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 s Carlisle, PA 17013 4Qa'1.00 p1NN" { 717-243-9400 C7 5'F'F lye{ AVISO Le han demandado a usted en la cone. Si usted quiere defenderse de estas demanoas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a 1 a corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisad que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previ aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con ?odas 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 Sl 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 PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE 1NFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 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 inlay assist homeowners in default. Please See the PHFA website http://www.Dhfa.org/consuTners/homeowners/re4l.gVx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866±413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 10146717C. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. Resources available for Homeowners in Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX1, 3451 Hammond Avenue, Waterloo, IA 50702. 2. The names and addresses of the Defendants are AMBER L. LAUDERMILCH, 428 West Simpson Street, Mechanicsburg, PA 17055 and THOMAS W. LAUDERMILCH JR., 428' West Simpson Street, Mechanicsburg, PA 17055, who are the mortgagors and record owners of the mortgaged premises hereinafter described. On September 19, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1968 Page 3401,. The mortgage has been assigned to: US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR, RASC 2007EMXI by assignment of Mortgage recorded on August 06, 2009 as Instrument #200927689. 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 May 01, 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 .................................................................. Interest from 04/01/2010 through 08/17/2010 at 10.0500%. Per Diem interest rate at $33.09 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Costs of suit and Title Search (Estimated) ............................ ................$120,175.23 ....................$4,555.31 Property Inspection Fee ...................................................................... Corporate Advance ............................................................................. Escrow ................................................................................... . Suspense .............................................................................................. Monthly Escrow amount $234.56 ......$6,008.76 ......... $900.00 ...........$6'x.50 ...........$83.00 .........$660.13 ...........$41.10 $132,4191.03 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 Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to 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-tp-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 suin of $132,491.03, together with interest at the rate of $33.09, 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 foreclose 7?lortgage and Sheriff s Sale of the Property. By:_ GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 avid Fein Pa. ID 82628 Thomas Pulco 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 ate subject to the penalties of 18 Pa.C.S.A. §4904. /'J f 0 Date: By: ---V GOL CK MCCAFFERTY & Mic el 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 #101467FC AMBER L. LAUDERMILCH and THOMAS W. LAUDERMILCH JR. 428 West Simpson Street Mechanicsburg, PA 17055 E.)(hibitA ALL TUAT CERTAIN house and lot of ground situate on the North side of West Simpson Street, in the Fifth Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: liEGiNNING at a point in the center of a twenty (20) foot allay; thence SoUthwardly along lot now or formerly of E.L. Stansfield, one hundred nineteen (119) fast to a point on the line of Simpson Street; thence Westwardly along the line of Simpson ';treet, thirty-five and twanty-five one-hundrsdthe (75,25) feet t:o do Iron pin on the line of Simpson Street; thence Northwardly Tong lot now or lormerly of Russel A. Hale, sixty-five and :sixty-five one-hundredtbm (64.65) feet to a notch in concrete retaining wall, thence westwardly along maid lot now or formerly of Russel A. Hale, six and seventy-five one-hundredths (6.75) feet to an iron pin; thence Northwardly along the same, forty-nine and fifty-five one-hundredthe (49.53) feet to a point in the center of the aforesaid alley; thence Eastwardly along the center line of said allay, thirty-four and twenty-five ine-hundredths (34.25) feet to the place BEGINNING. -iAVING THEREON ERECTED a two and one-half story frame dwelling 1:nown and numbered as 428 West Simpson Street. <<EING the same premises which William L. Bortner and Lisa K. i1ortner, husband and wife, by their deed dated Rebruary 7, 1997 ind recorded February 10, 1997 in Record Book 153, Page 154 iranted and conveyed unto William L. Bortner. ,q df Penneyw" ) 66 111ryof cWTOVIemd ded the oMee for the raaafd'in0 of Cede and +.. , PA thA d RaOOldar ioadMwE 2% E.?hifiit B GMAC Mortgage, LLC 3451 Hammond Avenue Waterloo IA 50702 Date: 07/06/10 ACT 91 NOTICE TAI-%'Xv ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached vaees The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to 41p to save your home. This Notice explains how the program works. CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseline Aeency. The name, address and phone number of Consumer Credit Counseling Agencies servine your County Are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agenc* 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 04PORTANCIA, PUES AFECTA SU DIERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA' NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO E$TA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMEEO 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: AMBER L LAUDERMILCH 11 WAYNE RD CAMP HILL PA 17011-6663 GMAC Mortgage, LLC HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ANCE 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 Iforeclosure 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. THISI MEETING YOU MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit ?punseling 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 asencife 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 $tid are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners 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 4 complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked wlt un 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 1ORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited- They will be iidisbursed 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 TIE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property ;ocated at 428W SIMPSON ST MECHANICSBURG PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 05/01/10 through 07/01/10. See attached Exhibit for payment breakdown. Monthly Payments $ 3982.02 Late Charges $ 0.00 NSF $ 0.00 Inspections $ 56.25 Other (Default Expenses and Fees) $ 83.00 Optional Insurance $ 0.00 Suspense $ 41.10 TOTAL AMOUNT PAST DUE: $ 4080.17 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not M lin cabl@): HOW TO CURE THE DEFAULT You may cure the default within THIRTY-THREE (33) DAY of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4080.17, 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 I IA 50702 You can cure any other default by taking the following action within THIRTY-THREE (33) DAYS of the date of this letter: (Do not use if not applicable Not Applicable IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY-THREE 'i(33) DAYS of I the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This mea?s that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY-THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged propeOy. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sherijff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s fees actually incurred by the lender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY-THREE (33) DAYS period, you will not be required to Pay attorney s fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF S SALE If you have not cured the default Within the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cjte the default 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'iSheriff 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 SHERIFFS SALE You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit 'Ito remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIG14T 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 5039 EXHIBIT 05/01/10 through 07/01/10 Mo. Pmt. Amt. $ 1327.34 GMAC Mortgage, LLC 3451 Hammond Avenue Waterloo IA 50702 ACT 91 NOTICE TAKE ACTION TO SAVE Date: 07/06/10 YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to hglp to save your home. This Notice explains how the program works G AGENCY WITHIN 33 DAYS OF THE DATE OF T' Notice with you when you meet with the Counseling A encv 800-342-2397 (Persons with impaired hearing can call (717) 780-1869) free at 1- 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 MRECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO E$TA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMEAO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PRQGRAMA LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTEeA. HOMEOWNER S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: THOMAS W LAUDERMILCH JR 428 W SIMPSON ST MECHANICSBURGS PA 17055 GMAC Mortgage, LLC HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE t'ORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENT'S IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER S EMERGENCY tORTGAGE 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 UP TO DATE. THE PART OF NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO ]JkING 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 a enci?s 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 faW-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 tc resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-three (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property ated at 428W SIMPSON ST MECHANICSBURG PA 17055 IS SERIOUSLIY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 05101110 through 07/01/10. See attached Exhibit for payment breakdown. Monthly Payments $ 3982.02 Late Charges $ 0.00 NSF $ 0.00 Inspections $ 56.25 Other (Default Expenses and Fees) $ 83.00 Optional Insurance $ 0.00 Suspense $ 41.10 TOTAL AMOUNT PAST DUE: $ 4080.17 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not apnlicablo): 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 ? 4080.17, 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 certifi?d check made payable and sent to: GMAC Mortgage, LLC ATTN: Payment Processing 3451 Hammond Avenue Waterloo I IA 50702 You can cure any other default by taking the following action within THIRTY-THREE (33) DAYS of the (date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY-THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pa the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY-THREE 133) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged propeju. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the She f to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender gins 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 ees 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 cire the def and prevent the sale at any time up to one hour before the Sheriffs Sale. You may tin ?n by nav;no the t..tai!--f tF, 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 willl, 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: 866-7094744 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 ko 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 DE13T OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide; will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our of$ce 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 5039 EXHIBIT 05/01/10 through 07/01/10 Mo. Pmt. Amt. $ 1327.34 GMAC Mortgage, LLC 3451 Hammond Avenue Waterloo , IA 50702 Date: 07/06/10 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morta e on your home is in default and the lender intends to fore*e Specific information about the nature of the default is provided in the attached pages The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. I T G AGENCY WITHIN 33 DAYS OF THE DATE OF T] Notice with you when you meet with the Counseling A¢encv at 800-342-2397 (Persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Co?sumer 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 DIERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTAA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO E$TA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUME O MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, I 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: AMBER L LAUDERMILCH 11 WAYNE RD CAMP HILL PA 17011-6663 Avm? GMAC Mortgage, LLC HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM NUKEULOSURE 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 andlattend a face- to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THISIMEETING NO11CE; 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) day4 after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counselin a enci s for the coup in which the property is located are set forth at the end of this Notice It is only necessary to schedule one fa e-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons so forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried $nd 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 Emerger?cy 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 w?thin thirty-three (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF OU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECL SURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR ORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be liidisbursed 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 TI4E DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property located at 428W SIMPSON ST MECHANICSBURG PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following mont?s and the following amounts are now past due: 05/01/10 through 07/01/10. See attached Exhibit for payment breakdown. Monthly Payments S 3982.02 Late Charges $ 0.00 NSF $ 0.00 Inspections S 56.25 Other (Default Expenses and Fees) $ 83.00 Optional Insurance $ 0.00 Suspense $ 41.10 TOTAL AMOUNT PAST DUE: $ 4080.17 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION 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 4080.17, 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 certif ed check made payable and sent to: GMAC Mortgage, LLC ATTN: Payment Processing 3451 Hammond Avenue Waterloo I IA 50702 You can cure any other default by taking the following action within THIRTY-THREE (33) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY-THREE(33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This me ins that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to p, y the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY-THREE i(33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Shetf iff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender egins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually ined, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s Iifees actually incurred by the lender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY-THREE (33) DAYS period, you will not be required to pay attorney s fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF S SALE If you have not cured the default within the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to c> re the def 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 'iSheriff 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 ?he mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuitlto 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 ransferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney s fees and c sts are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIG 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 provio will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our oif ce immediately at 800-8504622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. i Collection Department Loan Servicing 5039 EXHIBIT 05/01/10 through 07/01/10 Mo. Pmt. Amt. $ 1327.34 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~a~,~,iv of ~ui~brr,+~~A Jody S Smith ~ Chief Deputy ~~'~ ~ ~~-. i' ~`~~ ~~, Richard W Stewart ` Solicitor 'are"E cF ~"~ s"~~a'rr US Bank National Association Case Number vs. 2010-5704 Thomas W. Laudermilch, Jr. (et al.) SHERIFF'S RETURN OF SERVICE 09/14/2010 08:21 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2010 at 2021 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Amber L. Laudermilch, by making known unto herself personally, at 428 W. Simpson 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 s me. MICHAEL BAR ICI ,DEPUTY 09/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Thomas W. Laudermilch Jr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Thomas W. Laudermilch Jr. Defendant was evicted from the residence of 428 W. Simpson Street, Mechanicsburg, PA 17055 under Cumberland County docket #2010-5545. Deputies were advised Thomas W. Laudermilch Jr. does not reside at 11 Wayne Road, Camp Hill, PA 17011. Thomas W. Laudermilch Jr. currently resides at 30 Ziegler Lane, Duncannon, PA 17020. SHERIFF COST: $89.50 September 27, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF f~ -mot ' ~ ~~ = ~ ~ ~ rya a ~ ~ ~> v ~~ ~ n~ ~ -C r,~3 1 -~. (c) CountySuite Shenff, Teleosoft Inc. GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215)627-1322 ATTORNEY FOR PLAINTIFF US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX 1 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. AMBER L. LAUDERMILCH THOMAS W. LAUDERMILCH 7R. 428 West Simpson Street Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. e3 c°~ ~:-. a ~~ °~~ ° ,--a ~'-~ ~,~ ~ ~ -•C~ ~'' ~ ---ti ~: ~~ ~ ~ `°` ~ : ~ _ w err, . ~, --a tv ~~ p, ,~ y , By. ~ / ~~~~~~~ GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER, ESQUIlZE ATTORNEY FOR PLAINTIFF ~I~.Gtp P~ AYry ~~ 5~871~ CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-5704 CN1L TERM 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 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXI 3451 Hammond Avenue Waterloo, IA 50702 vs. AMBER L. LAUDERMILCH and THOMAS W. LAUDERMILCH JR. Mortgagor(s) and Record Owner(s) 428 West Simpson Street Mechanicsburg, PA 17055 .- c a? t j iJlvL1 l?`.{+ t C1, 7 1 G^' 1 a 121 "4 [`I I fA IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 10-5704 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to Plaintiff's Complaint filed on September 02, 2010 in the above captioned matter. GOLDBECK McCAFFERTY & McKEEVER BY: Micha T. McKeever Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER ATTORNEY FOR PLAINTIFF Professional Corporation By: Michael T. McKeever Attorney I.D. 456129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 71 5_77_ 1 'i77 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXI 3451 Hammond Avenue Waterloo, IA 50702 vs. AMBER L. LAUDERMILCH and THOMAS W. LAUDERMILCH JR. Mortgagor(s) and Record Owner(s) 428 West Simpson Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 10-5704 CIVIL TERM CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification to Plaintiff's Complaint was served on Defendant(s) via first class mail on October 8, 2010 as follows: AMBER L. LAUDERMILCH THOMAS W. LAUDERMILCH JR. 428 West Simpson Street Mechanicsburg, PA 17055 LAUDERMILCH, AMBER L. LAUDERMILCH JR., THOMAS W. I 1 Wayne Road Camp Hill, PA 17011 LAUDERMILCH JR., THOMAS W. 30 Ziegler Lane Duncannon, PA 17020 GOLDBECK McCAFFERTY & McKEEVER Michael 'Y McKeever Attorney for Plaintiff !. VERIFICATION Susan'Turnef I, , as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: u,wn 1vrrur- (YOUlt SX ail St MAC MORTGAGE LLC #101467FC - AMBER L. LAUDERMILCH and THOMAS W. LAUDERMILCH JR. 428 West Simpson Street Mechanicsburg, PA 17055 GOLDBECK, McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW MELLON INDEPENDENCE CENTER SUITE 5000 701 Market Street PHILADELPHIA, PA 19106-1532 (215) 627-1322 FAX (215) 627-7734 September 27, 2010 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: COUNTRYWIDE HOME LOANS INC. vs. ROBERT MARTENS and MARIA C. MARTENS Dear Sir or Madam: Kindly file the enclosed Certificate of Service. Thank you for your cooperation in this matter. Very ly yours, MICHAEL T. McKEEVER MTM Enclosure w GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215)627-1322 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C=35 Plano, TX 75024 vs. ROBERT MARTENS and MARIA C. MARTENS Mortgagor(s) 3608 Dwayne Avenue Mechanicsburg, PA 17050 Defendant(s) CERTIFICATE OF SERVICE IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-3268 MICHAEL T. MCKEEVER ESQUIRE hereby certifies that on /0: 71/ 0 he did serve upon Defendant(s) ROBERT MARTENS a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated September 21, 2010. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ESQUIRE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~~Ati oC i~turib~~'1~~~~ Jody S Smith Chief Deputy ~~ ~ ti~ ,rte ;re Richard W Stewart Solicitor ~~~~r '~+~ ~ "ERIFF US Bank National Association vs. Case Number Thomas W. Laudermilch, Jr. (et al.) 2010-5704 SHERIFF'S RETURN OF SERVICE 10/08/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thomas W. Laudermilch Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint In Mortgage Foreclosure according to law. _ 10/20/2010 Carl E. Nace, Perry County Sheriff, who being duly sworn according to law, states that on October 20, 2010 this Complaint in Mortgage Foreclosure upon defendant Thomas W. Laudermilch Jr. is returned not served per request from Attorney Michael McKeever. SHERIFF COST: $37.00 SO ANSWERS, October 21, 2010 RON R ANDERSON, SHERIFF `~~~~'~'~i ~~lS~d~d3a ~t ~t ~ l 6~d SZ l~0 01 p~ ~~c'.~G~~l7N.Ld~d 3N! .~~ ~~1~.~U-~3lE~ (cj CountySuite Sheriff. Teleosoft. Inc. SHERIFF'S RETURN US Bank NA VS Thomas W. Laudermilch, Jr. 30 Ziegler Lane Duncannon, PA 17020 In the Court of Common Pleas Of the 41st Judicial District of Pennsylvania- Perry County Branch No. 2010-5704 Cumberland County Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Thomas W. Laudermilch,Jr. but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure for the above named Defendant(s) Thomas W. Laudermilch,Jr. at 30 Ziegler Lane Duncannon, PA 17020. NOT FOUND. RETURNING COMPLAINT NOT SERVED AS PER ATTORNEYS REQUEST TO CUMBERLAND COUNTY SHERIFF. Sincerely, ~%~ Sworn and subscribed to before me this day of OC~p(P.( , 2010. Carl E. Nace Sheriff of Perry County MARQARET F. FLiCKiN~3ER, NoMty Public Bloomfield Boro, p®rry Courny GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXI 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. AMBER L. LAUDERMILCH THOMAS W. LAUDERMILCH JR. 428 West Simpson Street Mechanicsburg, PA 17055 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY C o Ca ? < - rn z ur rv a Qo ?z ?Jo 0 0 Z O 3w = C)-n ;ea _ c o ?m By: GOLD ECK CCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff -a", CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-5704 CIVIL TERM SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i r t` 4 Sheriff "Z a Jody S Smith E Chief Deputy 77 Richard W Stewart Solicitor a r . m .. .. E US Bank National Association Case Number vs. 2010-5704 Thomas W. Laudermilch, Jr. (et al.) SHERIFF'S RETURN OF SERVICE 12/01/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thomas W. Laudermilch Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 12/07/2010 01:35 PM - Perry County Return: And now December 7, 2010 at 1335 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint it Mortgage Foreclosure, upon the within. named defendant, to wit: Thomas W. Laudermilch Jr. by making known unto Keith Campbell, adult in charge at 30 Zeigler Lane, Duncannon, Pennsylvania 17020 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 December 13, 2010 SO ANSWERS, (?Z x RONtV R ANDERSON, SHERIFF US Bank National IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, Association PERRY COUNTY BRANCH Versus Thomas W. Laudermilch,Jr. No. 2010-5704 Cumberland Co. SHERIFF'S RETURN And now December 7 , 2010: Served the within name Thomas W. Laudermilch, Jr. the defendant(s) named herin, personally at his place of residence in Wheatfield Twp-30 Zeigler Ln. Duncannon, PA Perry County, PA, on December 7 , 2010 at 1:35 o'clock PM by handing to Keith Campbell, Person in Charge 1 true and attested copy(ies) of the within Complaint in Mortgage Foreclosure and made known to him the contents thereof ly Sworn and subscribed to before me this day of MMONWEAL'fH OF PENNSYL&4Rthonotary NOTARIAL SEAL JOY S. ZERANCE, NOTARY PUBLIC 1 BLOOMFIELD BORO PERRY COUNTY C'MWSS*N EXPIRES MARCH 6, 2014 So answers Deputy Sheriff of Perry County In the Court of Common Pleas of Cumberland County US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX1 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. AMBER L. LAUDERMILCH THOMAS W LAUDERMILCH JR (Mortgagor(s) and Record Owner(s)) 428 West Simpson Street Mechanicsburg, PA 17055 Defendant(s) PRAECIPE FOR JUDGMENT No. 10-5704 CIVIL TERM i bwr V9 c THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against AMBER L. LAUDERMILCH and THOMAS W LAUDERMILCH JR by default for want of an Answer. Assess damages as follows: Debt Interest from 01/20/2011 to Date of Sale per diem at $33.09 Total (Assessment of Damages attached) $138,836.98 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 B. 99LDBECI' CCAFFERT & MCKEEVER ael M Keever Pa ID 5 9 Gary c 2386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff AND NOW a L c o / f , Judgment is entered in favor of US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXI and against AMBER L. LAUDERMILCH and THOMAS W LAUDERMILCH JR by default for want of an Answer and damages assessed in the sum of $138,836.98 as per the above certification. - Prothonotary 9«r.o0 ?d- (2 k --e S-&3? art Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXI 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. AMBER L. LAUDERMILCH THOMAS W LAUDERMILCH JR (Mortgagors and Record Owner(s)) 428 West Simpson Street Mechanicsburg, PA 17055 Defendant(s) No. 10-5704 CIVIL TERM THIS LAW FIRM-IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. David D. Buell Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 Prothonotary / L By: la- - 1 If you have any questions concerning the above, please contact: Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 101467FC 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: THOMAS W LAUDERMH CH JR LAUDERMHCH JR., THOMAS W. 30 Ziegler Lane Duncannon, PA 17020 DATE OF THIS NOTICE: December 29, 2010 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX1 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. AMBER L. LAUDERMILCH THOMAS W LAUDERMILCH JR (Mortgagor(s) and Record Owner(s)) 428 West Simpson Street Mechanicsburg, PA 17055 Defendant(s) TO: THOMAS W LAUDERMILCH JR 30 Ziegler Lane Duncannon, PA 17020 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 10-5704 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 WPORTANT 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 HRE 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 LhatyAvwje Carlisle, PA 17013 LEGAL SERVM INC 8hvroeRow Carlisle, PA 17013 717-243-9400 B BEC CCAFFER & MCKEEVER Michael 129 / Gary McCafferty Pa. ID 42386'` Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff 101467FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATTOIP'OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: DATE OF THIS NOTICE: December 29, 2010 AMBER L. LAUDERMELCH LAUDERMILCH, AMBER L. 428 West Simpson Street Mechanicsburg, PA 17055 In the Court of US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR Common Pleas RASC 2007EMXI of Cumberland County 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff CIVIL ACTION - LAW vs. AMBER L. LAUDERMILCH Action of THOMAS W LAUDERMILCH JR Mortgage Foreclosure (Mortgagor(s) and Record Owner(s)) 428 West Simpson Street Term Mechanicsburg, PA 17055 No. 10-5704 CIVIL TERM Defendant(s) TO: AMBER L LAUDERMILCH 428 West Simpson Street Mechanicsburg, PA 17055 51PORTANT 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 BARASSOCIATION 2 LibertyAvaaw Catiidy PA 17013 LEGALSERVMINC 8 Irvine Row Cadisk PA 17013 717-243-9400 By. GO CK CCAFFER & MCKEEVER Michael McKeever 6129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff 101467FC TO: 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. THOMAS W. LAUDERM LCH JR. LAUDERMILCH JR., THOMAS W. 428 West Simpson Street Mechanicsburg, PA 17055 DATE OF THIS NOTICE: December 29, 2010 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX1 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff VS. AMBER L. LAUDERMILCH THOMAS W LAUDERMILCH JR (Mortgagor(s) and Record Owner(s)) 428 West Simpson Street Mechanicsburg, PA 17055 Defendant(s) TO: THOMAS W. LAUDERMII.,CH JR 428 West Simpson Street Mechanicsburg, PA 17055 In the Court of Common Pleas of Cumberland County CIVIL, ACTION - LAW Action of Mortgage Foreclosure Term No. 10-5704 CIVIL TERM EWPORTANT 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. CI1IvIBERLAM COUNTY BAR ASSOCIATION 2 Liberty Aveme Cadide, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 By. G S CAFFERTY MCKEEVER Michael McKeever 129 / Gary McCafferty Pa. ID 42386 J Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff 101467FC 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: DATE Or THIS NOTICE: December 29, 2010 AMBER L. LAUDERMII,CH LAUDERMILCH, AMER L. 11 Wayne Road Camp Hill, PA 17011 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR In the Court of Common Pleas RASC 2007EMX1 of Cumberland County 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff CIVIL ACTION - LAW VS. AMBER L. LAUDERNUCH Action of THOMAS W LAUDERMILCH JR Mortgage Foreclosure (Mortgagor(s) and Record Owner(s)) 428 West Simpson Street Term Mechanicsburg, PA 17055 No. 10-5704 CIVIL TERM Defendant(s) TO: AMBER L. LAUDERMILCH 11 Wayne Road Camp Hill, PA 17011 IlVIPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO 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 COUNTYBARASSOCIATION 2 Tabery Avenie Carl* PA 17013 LEGAL SERVICES INC 8IrvmeRow Carl* PA 17013 717-243-9400 By: GO BECK CCAFFER & MCKEEVER Michae ever 129 Gary McCafferty Pa. ID 42386,, Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff 101467FC 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: THOMAS W. LAUDERMILCH JR. LAUDERMH,CH JR., THOMAS W. 11 Wayne Road Camp Hill, PA 17011 DATE OF THIS NOTICE: December 29, 2010 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXI 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff VS. AMBER L. LAUDERMILCH THOMAS W LAUDERMILCH JR (Mortgagor(s) and Record Owner(s)) 428 West Simpson Street Mechanicsburg, PA 17055 Defendant(s) TO: THOMAS W. LAUDERMILCH JR. 11 Wayne Road Camp Hill, PA 17011 In the Court of Common Pleas of Cumberland County CIVIL, ACTION - LAW Action of Mortgage Foreclosure Term No. 10-5704 CIVIL TERM EUPORTANT 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 LibertyAvae Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 By: GOLDB CCAFFER & MCKEEVER Michael McKeever a. 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA TJS BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX1 Plaintiff VS. AMBER L. LAUDERMILCH THOMAS W LAUDERMILCH JR Defendant(s) NO. 10-5704 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE UNDER THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940 AS AMENDED 1. The undersigned attorney with Goldbeck McCafferty & McKeever, as the representative for the Plaintiff in the above entitled matter, (foes hereby state to the best of his/her information and belief, as follows: 2. That the above named Defendant, AMBER L. LAUDERMILCH, has a last known residence of 428 West Simpson Street, Mechanicsburg, PA 17055. 3. That inquiry has been made with the Department of Defense as to the military status of each of the Defendants in this action. A copy of the Military Status Report is attached. 4. The Defendant is not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 as amended. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. Date: 1/19/2011 By: G DBECK CCAFFERTY MCKEEVER i Keever P 6129 :/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 Jay Kivitz Pa. ID 26769 Attorneys for Plaintiff Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jan-19-2011 10:42:09 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency LAUDERMILCH AMBER Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System. (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/t)is/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 1/19/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretar..)cof Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of acfive duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:UOFQCEEOTA https://www.dmdc.osd.mil/appj/scra/popreport.do 1/19/2011 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX1 Plaintiff VS. AMBER L. LAUDERMILCH THOMAS W LAUDERMILCH JR Defendant(s) NO. 10-5704 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE UNDER THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940 AS AMENDED 1. The undersigned attorney with Goldbeck McCafferty & McKeever, as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That the above named Defendant, THOMAS W LAUDERMILCH JR, has a last known residence of 30 Ziegler Lane, Duncannon, PA 17020. 3. That inquiry has been made with the Department of Defense as to the military status of each of the Defendants in this action. A copy of the Military Status Report is attached. 4. The Defendant is not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 as amended. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date: 1/19/2011 By: GOL ECK CAFFERTY MM CKEEVER Michae 6129 ?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 Jay Kivitz Pa. ID 26769 Attorneys for Plaintiff Request for Military Status Department of Defense Manpower Data Center ID Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jan-19-2011 10:43:03 -<Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency LAUDERMILCH THOMAS Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL htty://www.defenselink.mil/faq/vis/PC09SLDR html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 1/19/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32_ DISC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:AOHAUOLCBL https://www.dmdc.osd.mil/appj/scra/popreport.do 1/19/2011 GOLDBECK McCAFFERTY & McKEEVER SuiteS000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX1 IN THE COURT OF COMMON PLEAS 3451 Hammond Avenue Waterloo, 1A 50702 of Cumberland County Plaintiff VS. CIVIL ACTION LAW AMBER L. LAUDERMILCH THOMAS W LAUDERMILCH JR (Mortgagor(s) and Record owner(s)) ACTION OF MORTGAGE FORECLOSURE 428 West Simpson Street Mechanicsburg, PA 17055 Defendant(s) No. 10-5704 CIVIL TERM ORDER FOR JUDGMENT Please enter Judgment in favor of US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX1, and against AMBER L. LAUDERMILCH and THOMAS W LAUDERMILCH JR for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $138,836.98. - By 9 CAFFERT & MCKEEVER jcKeever 6129 Gary McCafferty Pa. ID 42386 ? Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX1 3451 Hammond Avenue Waterloo, IA 50702 and that the name(s) and last known address(es) of the Defendant(s) is/are AMBER L. LAUDERMILCH, 428 West Simpson Street Mechanicsburg, PA 17055 and THOMAS W LAUDERMILCH JR, 30 Ziegler Lane Duncannon, PA 17020; By: LDBECK CCAFFE TY & MCKEEVER chael Mckeever Pa. 56129 G 42386 ? Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff TO THE PROTHONOTARY: ASSESSMENT OF DAMAGES Kindly assess the damages in this case to be as follows: Principal Balance interest from 04/01/2010 through 01/19/2011 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 5 X $234.56 Property Inspection Fee Corporate Advance Escrow Suspense $120,175.23 $9,728.46 $6,008.76 $0.00 $900.00 $1,172.80 $67.50 $83.00 $660.13 $41.10 $138,836.98 By OLDBEC CCAFFER Y & MCKEEVER MR Keever P 6129 / Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff AND NOW, this ZL' day of v d?V , 2011 damages are assessed as above. -lay--e Pro Prothy „T PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX1 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. AMBER L. LAUDERMILCH THOMAS W LAUDERMILCH JR Mortgagor(s) and Record Owner(s) 428 West Simpson Street Mechanicsburg, PA 17055 TO THE PROTHONOTARY: Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 10-5704 CIVIL TERM rya c' = ma M r x'' r= ?rn ? ?, r'j 70 C3 CD 3y 3. 'n *9 ?. c w =F rn - cn 0 70 PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: 84. . 37. ov - •r , , rg rr 9A.DV .? - rr rf O C lG.aC rr - ? ` /•y.C.UU - rr rr 02.5 U - rr ?? 211.00- rr ,t ? 2 . DD ?p Amount Due Interest from 01/20/2011 to Date of Sale per diem at $33.09 (Costs to be added) $138,836.98 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW By; OLDBECI?MCCAFFER & MCKEEVER McKeever Pa. 6129 Gary McCa erty Pa. ID 42386. Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff d w a ?z 0 H? ?o > U U w 00 h H oa 00 U z w H z a O w w w H H Q o? Uo o? N ? U Q «7 z 0 H Q z x ?a z U ti?aM co 40. r. as Y a y .? ? U >, 0 _ 3 ? ai 00 u r- ¢ pwq? ??? w ? vo a ALL THAT CERTAIN house and lot of ground situate on the north side of West Simpson Street, in the Fifth Ward of the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a twenty (20) foot alley; thence Southwardly along lot now or formerly of E.L. Stansfield, one hundred nineteen (119) feet to a point on the line of Simpson Street; thence Westwardly along the line of Simpson Street thirty-five and twenty-five one-hundreths (35.25) feet to an iron pin on the line of simpson street; thence Northwardly along lot now or formerly of Russell A. Hale, sixty-five and sixty-five one-hundreths (65.65) feet to a notch in concrete retaining wall; thence Westwardly along said lot now or formerly of Russel A. Hale, six and seventy-five one- hundreths (6.75) feet to an iron pin; thence northwardly along the same forty-nine and fifty-five one- hundreths (49.55) feet to a point in the center of the aforesaid alley; thence Easteardly along the center line of said alley thirty-four and twenty-five one-hundreths (34.25) feet to the place of beginning TAX PARCEL #20-23-0567-037 BEING KNOWN AS: 428 West Simpson Street, Mechanicsburg, PA 17055 Granted and conveyed unto Thomas E. Laudermich Jr., and Amber L. Laudermilch, as tenants by the entirety by deed from Thomas E. Laudermich Jr., Joined by Amber L. Laudermilch, his wife, by deed recorded 10/08/2004, in book 265, page 3299 Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXI 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff VS. AMBER L. LAUDERMILCH THOMAS W LAUDERMILCH JR (Mortgagor(s) and Record Owner(s)) 428 West Simpson Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 10-5704 CIVIL TERM US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX1, Plaintiff in the above action, by counsel, 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: 428 West Simpson Street Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): AMBER L. LAUDERMILCH €-) na = 428 West Simpson Street Co _ Mechanicsburg, PA 17055 a mr'--- THOMAS W LAUDERMILCH JR > u? - C y)cp 30 Ziegler Lane .? =a Duncannon, PA 17020 ?CD C) -n - (7j C J 2. Name and address of Defendant(s) in the judgment: . ,? V. < :. AMBER L. LAUDERMILCH 428 West Simpson Street Mechanicsburg, PA 17055 THOMAS W LAUDERMILCH JR 30 Ziegler Lane Duncannon, PA 17020 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 BOROUGH OF MECHANICSBURG 36 West Allen Street Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: PHH MORTGAGE SERVICES CORPORATION 5275 East trindle Road Mechanicsburg, PA 17055 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 428 West Simpson 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 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: January 19. 2011 By: G BEC CCAFFERT & MCKEEVER Michae 6129 Gary McCafferty Pa. ID 42386,,-*" Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff 10-5704 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXI 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. AMBER L. LAUDERMILCH THOMAS W LAUDERMILCH JR Mortgagor(s) and Record Owner(s) 428 West Simpson Street Mechanicsburg, PA 17055 Defendant(s; IN THE COURT OF COMMON PLEAS of Cumberland County C --4 co c. 'ran- Z? CIVIL ACTION - LAW r- r-' Z tv -vtn ac) 6 ? ? r -z .cQ -v -n x C) o -n ACTION OF MORTGAG&o w CDC FORECLOSURE 15; = Docket No. 10-5704 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: LAUDERMILCH, AMBER L. AMBER L. LAUDERMILCH 11 Wayne Road Camp Hill, PA 17011 Your house at 428 West Simpson Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 01, 2011, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $138,836.98 obtained by US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXI 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: L The sale will be cancelled if you pay to US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXI, 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. 10-5704 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 fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 10-5704 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.orp-/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 101467FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 10-5704 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXl 3451 Hammond Avenue Waterloo, L4,50702 Plaintiff vs. AMBER L. LAUDERMILCH THOMAS W LAUDERMILCH JR Mortgagor(s) and Record Owner(s) 428 West Simpson Street Mechanicsburg, PA 17055 Defendant(s' , IN THE COURT OF COMMON PLEAS of Cumberland County a 3 rnw = ` --q ? Mm CIVIL ACTION - LAV6rr- xr N rnr- 'M c r , = .T ACTION OF MORTGA -v C) -n x FORECLOSURE _.? c.rt Docket No. 10-5704 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: LAUDERMILCH JR., THOMAS W. THOMAS W. LAUDERMILCH JR. 11 Wayne Road Camp Hill, PA 17011 Your house at 428 West Simpson Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 01, 2011, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $138,836.98 obtained by US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX 1 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: L The sale will be cancelled if you pay to US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX1, 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. 10-5704 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 10-5704 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.orp-/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 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 refenrice our Attorney File Number of 101467FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. 10-5704 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXI 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff VS. AMBER L. LAUDERMILCH THOMAS W LAUDERMILCH JR Mortgagor(s) and Record Owner(s) 428 West Simpson Street Mechanicsburg, PA 17055 Defendant(s IN THE COURT OF COMMON PLEAS of Cumberland County o MM rnr CIVIL ACTION - LAW:,Z,, r- < ° ACTION OF MORTGA4 C-" S-a o- i FORECLOSURE c w c:. Docket No. 10-5704 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: LAUDERMILCH JR., THOMAS W. THOMAS W. LAUDERMILCH JR. 428 West Simpson Street Mechanicsburg, PA 17055 Your house at 428 West Simpson Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 01, 2011, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $138,836.98 obtained by US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXI 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 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXI, 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. 10-5704 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 10-5704 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.gVx. 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 10146717C. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5704 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXI Plaintiff (s) From AMBER L. LAUDERMILCH THOMAS W. LAUDERMILCH, JR. (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) thegarnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering an 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 $138,836.98 L.L.$.50 Interest FROM 01/20/2011 TO DATE OF SALE PER DIEM AT $33.09 Atty's Comm % Atty Paid $316.00 Plaintiff Paid Date: 01/26/2-011 Due Prothy $2.00 Other Costs TO BE ADDED David D Buell, Proth no" . (Seal) BY Deputy REQUESTING PARTY: Name: GARY MCCAFFERTY, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000- MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 42386 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ' Richard W Stewart Solicitor 17 fit`' c US Bank National Association vs. Case Number Thomas W. Laudermilch, Jr. (et al.) 2010-5704 SHERIFF'S RETURN OF SERVICE 03/0912011 05:03 PM - Deputy Shawn Harrison, 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 428 West Simpson Street, Mechanicsburg, PA 17055, Cumberland County. 03/15/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney McCafferty on 3/10/11. SHERIFF COST: $125.38 SO ANSWERS, March 15, 2011 RON R ANDERSON, SHERIFF - ,5 0 L11&Pd fF; Gnu^*,3uitA ?hen':f. Tel^? ?.?`t, h;i. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMXI 3451 Hammond Avenue Waterloo, L4,50702 Plaintiff VS. AMBER L. LAUDERMILCH THOMAS W LAUDERMILCH JR (Mortgagor(s) and Record Owner(s)) 428 West Simpson Street Mechanicsburg, PA 17055 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 10-5704 CIVIL TERM US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX1, Plaintiff in the above action, by counsel, 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: 428 West Simpson Street Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): AMBER L. LAUDERMILCH 428 West Simpson Street Mechanicsburg, PA 17055 THOMAS W LAUDERMILCH JR 30 Ziegler Lane Duncannon, PA 17020 2. Name and address of Defendant(s) in the judgment: AMBER L. LAUDERMILCH 428 West Simpson Street Mechanicsburg, PA 17055 THOMAS W LAUDERMILCH JR 30 Ziegler Lane Duncannon, PA 17020 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 -5 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 'Harrisburg, PA 17105-2675 BOROUGH OF MECHANICSBURG 36 West Allen Street Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: PHH MORTGAGE SERVICES CORPORATION 5275 East trindle Road Mechanicsburg, PA 17055 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 428 West Simpson 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 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: January 19, 2011 By: G BEC CCAFFERT & MCKEEVER Michae 6129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 428 West Simpson Street Mechanicsburg, PA 17055 SOLD as the property of AMBER L. LAUDERMILCH and THOMAS W LAUDERMILCH JR TAX PARCEL #20-23-0567-037 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5704 Civil CIVIL ACTION - LAW TO THEwSHERItF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX1 Plaintiff (s) From AMBER L. LAUDERMILCH THOMAS W. LAUDERMILCH, JR. (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 $138,836.98 L.L.$.50 Interest FROM 01/20/2011 TO DATE OF SALE PER DIEM AT $33.09 Atty's Comm % Due Prothy $2.00 Atty Paid $316.00 Other Costs TO BE ADDED Plaintiff Paid Date: 01/26/2011 David Buell, Pro not (Seal) By: f-M Deputy REQUESTING PARTY: Name: GARY McCAFFERTY, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000- MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 42386 TRITE COPS( FROM RECORD in Testimony whereof, 1 here unto set my hand and the see: of said Court at Carlisle, Pa. , This . -daY of r? Promonot" y On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as, 428 West Simpson Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 B. Real Estate Coordinator ZS :- c? 3Z NVr HOZ