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Home My WebLink About10-6096GOLDBECK WCAFFERTY& McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF a i4 i ,' , A tin f, t ?.?,? i rr•cim?? GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. THOMAS M. CARLO Mortgagor and Record Owner 315 West 10th Street New Cumberland, PA 17070 Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ID - (ACR(v Civik-re m Defendant No. CIVIL ACTION: MORTGAGE C??,? NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 O LEGAL SERVICES INC q a. oo P A AT'M 8 Irvine Row c# 5(4000 Carlisle, PA 17013 oZ'?e?31 717-243-9400 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGA ENCUENTRA ESCR TA ABAJO POARAAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGARLE A UN ABOGADO, E T O ERVICIOS PROVEERE PERSONAS INFORMACION ACEELIGIBLE AQ UN HONORAR O REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hqp://www.phfa.orv,/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(aoldbecklaw.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 101500FC. Para informacion en espanol puede communicarse con Loretta at 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is GMAC MORTGAGE, LLC, 3451 Hammond Avenue, Waterloo, IA 50702. 2. The names and addresses of the Defendant is THOMAS M. CARLO, 315 West 10th Street, New Cumberland, PA 17070, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On December 21, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1935 Page 2329. The mortgage has been assigned to: GMAC MORTGAGE, LLC by assignment of Mortgage. Plaintiff is the real party in interest pursuant to an Assignment of Mortgage to Plaintiff attached as Exhibit C. 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 March 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 02/01/2010 through 08/23/2010 at 6.5000%.... Per Diem interest rate at $33.62 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 03/01/2010 to 08/23/2010 ....................... Monthly late charge amount at $50.28 Costs of suit and Title Search (Estimated) ............................ ...............$188,782.91 ...................$6,875.04 ................... $9,439.15 ......................$150.84 Escrow .................................................................................................. Property Inspection Fees ..................... Expense Advances .............................. Monthly Escrow amount $223.99 ....$900.00 .$1,047.96 lt56_?_5 ........................................................$250.00 $207,502.15 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit `B'". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $207,502.15, together with interest at the rate of $33.62, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with t s of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure he ortgage and Sheriff s Sale of the Property. By:_ GO K MCCAFFERTY & MCKEEVER 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 VERIFICATION The undersigned attorney for Plaintiff is authorized to make this verification and states that the facts set forth in the foregoing Complaint are true and correct to the best of his or her knowledge, information and belief. The undersigned understands that statements made in this verification are subject to the penalties of 18 Pa.C.S.A. §4904. Date: d jd By: `,-i`? `? GOLDB CK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 Vvid Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff # 101500FC THOMAS M. CARLO 315 West 10th Street New Cumberland, PA 17070 ?Fci6itA EWbit A ALLWAT CERTCumberland AIN tract or parcel of land and pramkaa. dM%* Ong ad bolin the Borough of Now in the C"M of Crmborland and ComsonwNft of poonalrania, more particularly deeeribed a. foltawa: BEGINNING at a point on the Nordwly One of Waat 10th Sheol wiiah point L 112 feet East of the Northeasterly norms of Wed loth Street ned Oak Lane; thence North 31 line of it 19 toot wide pub& dogm Wier,es 30 mhnta Wed 100 feet to a point ?? Sam t so fed is a pob? thosa Soadh 31 dog thence along acme North 30 dogma a W PO thoacs SonW 31 depUl 30 mbW= ]tact 100 (cd to to a 30 petal onta tntha Sad Northelee rly t t am of Wed 1Mh Stmot atmrMid: them slag am South fact 58 depw 30 minotea Wad So feet to a point, the pia of BEGl1OMG, BEING prevoiaee known as 315-315A Wed IOW Street. f C k!,(022 ! Certify this to be recorded In Cumberland County PA Recorder of Dceds 5-1935PG2349 E?,Fiidit ? GMAC Mortgage, LLC 3451 Hammond Avenue Waterloo , IA 50702 Date: 05/25/10 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort a e on our home is in default and the lender intends to foreclose. S ecific information about the nature of the default is provided in the attached pages. The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM (HE MAP) may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help, YOU MUST HAVE A FACE TO FACE MEETING WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agent The name address and phone number A Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have an uestions on ma call the Pennsylvania Housing Finance A enc toll free at I- 800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: THOMAS M. CARLO 315 W 10TH STREET NEW CUMBERLAND PA 17070-0000 GMAC Mortgage, LLC HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-three (33) days from the date of this Notice. During that time you must arrange and attend a face- to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 33 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, TO CURE YOUR OR GAG DEFAULT EXPLOAINDATE. THE PART OF THIS S HOW O BRING YOUR NOTICE CALLED MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty-three (33) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the coon in which the roe is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-three (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT lBE CONSIDERED you cDan Rstill E apply fo Emergent' Mortgage O COLLECT eHE DEBT. filed (If y. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date L 315 W NATURE OF THE DEFAULT The MORTGAGE CUMBERLAND PA 17070-0000 on your IS SERIOUSLY IN 10TH STREET DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 03/01/10 through 05/01/10. See attached Exhibit for payment breakdown. $ 4443.54 Monthly Payments $ 301.68 Late Charges $ 0.00 NSF $ 22.50 Inspections Other (Default Expenses and Fees) $ 0.00 $ 143.79 Optional Insurance $ 0.00 Suspense TOTAL AMOUNT PAST DUE: $ 4911.51 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4911.51, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-THREE (33) DAY PERIOD. Payments must be made either b 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 (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY-THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s fees actually incurred by the lender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender, which may also include other reasonable costs. If on cure the default within the THIRTY-THREE (33) DAYS eriod on will not be required to pay attorneys fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF S SALE If you have not cured the default within the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due plus an late or other char es then due reasonable attorney s fees and costs connected with the foreclosure sale and an other costs connected with the Sheriff s Sale ass ecified in writing b the lender and b erformin an other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF S SALE DATE It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage, LLC ATTN: Loss Mitigation Address: 2711 North Haskell Ave. Suite 900 Dallas, TX 75204 Phone Number: 888-714-4622 Fax Number: 866-709-4744 Contact Person: Collection Department EFFECT OF SHERIFF S SALE You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 888-714-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5041 EXHIBIT 03/01A0 through 05/01/10 Mo. Pmt. Amt. $ 1529.11 E-rihibit C Prepared By and Return To: Referral Department GOLDBECK McCAFFERTY & McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-825-6344 GMM File Number: 101500FC Parcel ID#: 26-24-0811-096 ASSIGNMENT OF MORTGAGE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION (Assignor), for and inconsideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to GMAC MORTGAGE, LLC. GMAC MORTGAGE, LLC (Assignee), all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed THOMAS M. CARLO, Mortgagor(s); to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION. Bearing date of: 35 December 21, 2005; Amount Secured: the Recorder o Deeds 8of Cumberland ?Couon December 27, 2005; in nty, Commonwealth of P? ylv9ania Page 2329, i ("Mortgage") Property: 315 West 10th Street, New Cumberland, PA 17070 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee,("Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, by its appropriate corporal officers ,1W executed and sealed with its corporate seal this Assignment of Mortgage on this I day of 2010. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION (SEAL) (Affix Corporate Seal) Name: Title: (SEAL) Niame: Stine Wilson Assistant Secretary ss: ) COUNTY OF G STATE OF IT& 43010, before me, ?th?e)?subsccriber, a that on this f ''day of BE IT REMEMBERED, ?r??`?`! t? Wilson 6 Notary Public personally appeared f murnR nm the within instrument and they officers of Assignor, signed, aseeaaled dw are with he corporate seal a and delivered the same as such officers acknowledged ged that hat tey y aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue of a Resolution of its Board of Directors. I hereby certify the address of the Assignee is: 3451 Hammond Avenue, Waterloo, 1A 50702 jota="ryPublic ission expires: t7}RtlHONWEAtTH OF PENNSYLVANIA i Nuptial Seal Trim tNiltbank, Notary tr,fillc Leber Out?lln Tom, ., Muntgom?+Y County t MY C,?ir)tt1 ,... 14 2013, fNembe!i i?1ri?'lliahie ill` Case #: 101500FC • GOLDBECK McCAFFERTY & McKEEVER •^ . ATTORNEY FOR PLAINTIFF Professional Corporation By: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 THOMAS M. CARLO vs. Mortgagor(s) and Record Owner(s) 315 West 10th Street New Cumberland, PA 17070 T'I~.i=.D-CJ~'FpC l~~ ~~{~ ~'~~1~~~~=;QT~,R'r' 2~l~ OCT -~ ~~ !!~ I ~U"Cr~L,~P~D CQU~~T"' ~'~eS~~SY!_~~j~'~~`~9A IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 10-6096 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to Plaintiffls Complaint filed on September 22, 2010 in the above captioned matter. GOLDBECK McCAFFERTY & McKEEVER BY: T Michael T. McKeever Attorney for Plaintiff ~, µ ~ GOLDBECK McCAFFERTY & McKEEVER ATTORNEY FOR PLAINTIFF Professional Corporation By: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. THOMAS M. CARLO Mortgagor(s) and Record Owner(s) Term No. 10-6096 CIVIL TERM 315 West 10th Street New Cumberland, PA 17070 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffls Praecipe to Substitute Verification to Plaintiffls Complaint was served on Defendant(s) via first class mail on September 29, 2010 as follows: THOMAS M. CARLO 315 West 10th Street New Cumberland, PA 17070 GOLDBECK McCAFFERTY & McKEEVER 1\/t A ;cr,n Q ~ T, ~l n~_~~ ichael T. McKeever Attorney for Plaintiff . } r VERIFICATION I, ~ ~`~~ ~ ~ `D~ ~~, 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: 7 ~j D G AC OR GAGE LLC M. "f'orr~s ~a~~c~~ Signing Officer # l O 1500FC -THOMAS M. CARLO 315 West 10th Street New Cumberland, PA 17070 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff , 0 ? f? t ?pLtWt1? OC 4 1[9?1>?fr/?! P M a+°, r l d d t ?j? a V } :? ?% ° ` Jody S Smith Chief Deputy ?7p j?y >4 -t ,TC tA i Richard W Stewart ,, t Solicitor ,r 1 OT:rICE : F..: ?ERIFF ti { GMAC Mortgage, LLC vs Case Number . Thomas M. Carlo 2010-6096 SHERIFF'S RETURN OF SERVICE 10/04/2010 03:42 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 4 2010 at 1542 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Thomas M. Carlo, by making known unto Melina Green, adult in charge at 315 W. 10th Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. ROB T BITNER, E SHERIFF COST: $43.30 October 05, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ci COUnrySUife Sheriff, ieeosuft, 1i7. In the Court of Common Pleas of Cumberland County GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 ° Plaintiff No. 10-6096 CIVIL vs. M. CARLO ,r (Mortgagor(s) and Record Owner(s)) 315 West 10th Street New Cumberland, PA 17070 Yt? J a Defendant(s) 3;?' C- PRAECIPE FOR JUDGMENT THIS LAW TIRM 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 THOMAS M. CARLO by default for want of an Answer. Assess damages as follows: $210,947.32 Debt Interest from 11/10/10 to Date of Sale per diem at $33.62 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 _ By: GOLDBECK MCCAFFERTX & 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 AND NOW Nay . /a , n9n/!) , Judgment is entered in favor of GMAC MORTGAGE, LLC and against THOMAS M. CARLO by default for want of an Answer and damages assessed in the sum of $210,947.32 as per the above certification. Pro o 14 c)o PA A1TN C* 551'113 Q,? 451111 ND-kee LkUAAJ Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 THOMAS M. CARLO (Mortgagors and Record Owner(s)) 315 West 10th Street New Cumberland, PA 17070 No. 10-6096 CIVIL TERM Defendant(s) 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. Carlisle, PA 17013 Prothonotary Plaintiff vs. NOTICE Notice is given that a judgment in the above-captioned matter has been entered you. David D. Buell Prothonotary of Cumberland County 1 Courthouse Square By: Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 101500FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: October 26, 2010 TO: THOMAS M. CARLO CARLO, THOMAS M. 315 West 10th Street New Cumberland, PA 17070 GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. THOMAS M. CARLO (Mortgagor(s) and Record Owner(s)) 315 West 10th Street New Cumberland, PA 17070 TO: THOMAS M. CARLO 315 West 10th Street New Cumberland, PA 17070 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 10-6096 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 D&ORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, THOMAS M. CARLO, is about unknown years of age, that Defendant's last known residence is 315 West 10th Street New Cumberland, PA 17070, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: ? AQ W Txhhtcm) - Michelle Clarkson GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attornev for Plaintiff 3451 Hammond Avenue Waterloo, IA 50702 vs. THOMAS M. CARLO (Mortgagor(s) and Record owner(s)) 315 West 10th Street New Cumberland, PA 17070 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 10-6096 CIVIL TERM ORDER FOR JUDGMENT Please enter Judgment in favor of GMAC MORTGAGE, LLC, and against THOMAS M. CARLO 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 $210,947.32. By: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristin Murtha Pa. ID 61858 /David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 and that the name(s) and last known address(es) of the Defendant(s) is/are THOMAS M. CARLO, 315 West 10th Street New Cumberland, PA 17070; By: GOLDBEC MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristine Murtha Pa. ID 61858 - David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff y ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $188,782.91 Interest from 02/01/2010 through $9,497.40 11/09/2010 Reasonable Attorney's Fee $9,439.15 Late Charges $301.68 Costs of Suit and Title Search $900.00 Escrow Payments Due 3 X $223.99 $671.97 Escrow $1,047.96 Property Inspection Fees $56.25 Expense Advances $250.00 $210,947.32 Bv: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff AND NOW, this Jd4& day of NOV , 2010 damages are assessed as above. D Pro y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2010-6096 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC Mortgage, LLC 3451 Hammond Ave. Waterloo, IA 50702 Plaintiff (s) From Thomas M. Carlo (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$210,947.32 L.L. $.50 Interest from 11/10/10 to Date of Sale per diem at $33.62 Atty's Comm % Due Prothy $2.00 Atty Paid Plaintiff Paid $175.80 Other Costs Date: November 12, 2010 (Seal) REQUESTING PARTY: Name David Fein, Esq. Goldbeck McCafferty & McKeever Address: Suite 5000 - Mellon Independence Center ?)01 Da ' , P othonotary By: Deputy 701 Market Street, Philadelphia, PA 19106 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 56129 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R-C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. Plaintiff THOMAS M. CARLO Mortgagor(s) and Record Owner(s) 315 West 10th Street New Cumberland, PA 17070 TO THE PROTHONOTARY: Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 10-6096 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: 4.14.00 PA AYW Y3 30 4 9a .f?D " N Amount Due Interest from 11/10/10 to Date of Sale per diem at $33.62 (Costs to be added) $210,947.32 By: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristin Murtha Pa. ID 61858 -'David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff 0# ?I'713 RE ukil-4waJ z a ?u a i o U ? WW a ? ,° k'^ d ?? o 40. 0 a sl3 ar 0 zW c? o z ? .bRv° a All that certain tract or parcel of land and premises, lying and being in the Borough of new Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: Beginning at a point on the northerly line of West 10th Street which point is 112 feet East of the Northeasterly Comer of West 10* Street and Oak Lane; thence North 31 degrees 30 minutes West 100 feet to a point on the Southerly lone of a 10 foot wide public alley; thence alone same North 58 degrees 30 minutes East 50 feet to a point; thence South 31 degrees 30 minutes East 100 feet to a point; thence South 31 degrees 30 minutes East 100 feet to a point on the Northerly Line of West I& Street aforesaid; thence along same South 58 degrees 30 minutes West 50 feet to a point, the place of beginning. Parcel# 26-24-0811-096 Property address: 315 West I Oh Street, New Cumberland, PA 17070 Being the same premises which Kathy A. Schrock and Jamie Weaver, by Deed recorded 12/27/05, in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book 272 Page 2414, granted and conveyed unto Thomas A Carlo. +Gol'dbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue IN THE COURT OF COMMON PLEAS Waterloo, IA 50702 Plaintiff of Cumberland County vs. THOMAS M. CARLO CIVIL ACTION - LAW (Mortgagor(s) and Record Owner(s)) 315 West 10th Street New Cumberland, PA 17070 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 10-6096 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 GMAC MORTGAGE, LLC, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 315 West 10th Street New Cumberland, PA 17070 a 1.Name and address of Owner(s) or Reputed Owner(s): Co rn] THOMAS M. CARLO 315 West 10th Street New Cumberland, PA 17070 ?17 2. Name and address of Defendant(s) in the judgment: u- THOMAS M. CARLO 315 West 10th Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 315 West 10th Street New Cumberland, PA 17070 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 9, 2010 GOLDBECK MCCAM & MCKEEVE BY: Michelle Clarkson Goldbeck, McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 VS. THOMAS M. CARLO Mortgagor(s) and Record Owner(s) 315 West 10th Street New Cumberland, PA 17070 Plaintiff Defendant(s) l _ t ?S t j t!?1- t_,;F^?, r r4?^ PN 12. Pr h) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 10-6096 CIVIL TERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. By: GOLDBECK MCCAF FERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristine Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff 10-6096 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff E L i..r n i ? (gg . `! } 2 PH 12: C" GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff VS. THOMAS M. CARLO Mortgagor(s) and Record Owner(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 315 West 10th Street New Cumberland, PA 17070 Defendant(s,' Docket No. 10-6096 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: CARLO, THOMAS M. THOMAS M. CARLO 315 West 10th Street New Cumberland, PA 17070 Your house at 315 West 10th Street, New Cumberland, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, March 02, 2011, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $210,947.32 obtained by GMAC MORTGAGE, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to GMAC MORTGAGE, LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 10-6096 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. 8. You may contact the Foreclosure Resource Center: hM://www.philadelphiafed.org,/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 10-6096 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 hgp•//www phfa orgJconsumers/homeowners/real.asnx. 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@izoldbecklaw.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 101500FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. GOLDBECK McCAFFERTY & McKEEVER Suite 5000 U Mellon Independence Center, ? `p ?-.1 ? ? 701 Market Street (? ? ! ? Pd0 TAF?' Philadelphia, PA 19106-1532 2111 FF6 24 AM 11:33 215-627-1322 GMAC MORTGAGE, LLC HNNSYLYA 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. THOMAS M. CARLO Mortgagor(s) and Record Owner(s) 315 West 10th Street New Cumberland, PA 17070 Defendant(s) ACTION OF MORTGAGE FORECLOSURE Term No. 10-6096 CIVIL, TERM CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) ERIC KEENAN, an employee of Goldbeck McCafferty & McKeever, counsel of Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office/c---.-t--&-A. (copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Resp?'LdfullLsub i ed, BY: ERIC KEENAN Legal Secretary TY 1015e"c CF: 09/22/2010 SD: 03/02/2011 $210,947.32 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor s•? OFFICE OF THE $I?6RIFF N GMAC Mortgage, LLC vs. Case Number I Thomas M. Carlo 2010-6096 I SHERIFF'S. RETURN OF SERVICE 12130/2010 03:59 PM - Deputy Robert Bitner, being duly swom 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 315 West 10th Street, New Cumberland, PA 17070, Cumberland County. 12/30/2010 03:59 PM - Deputy Robert Bitner, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Thomas M. Carlo at 315 W. 10th Street, New Cumberland, PA 17070, Cumberland County. SHERIFF COST: $899.94 January 19, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF c; C0miv3dis SCUM, l eimson. Inc. I. LU +rro o 1 ? F' N Lo L&_ 00 N L rttt?. ` C l (? a . 'C ? z a v , g v ? , t ? ? LL OS v ? ,en .? Z 0. ch 6 To ? C ? Z T '9 ; ?- w ? m 5 CC x 2: caf C o? d ? ? ? ? OS U 0 J 0p .......... Zi - r- m na. o, ' co O S CL m O a C? Lo o S y o.? g o Z? o 6 °! a o 0 c on ?-?c?d a o c > a ????? uJZ o °-' co 'y w Mr in 24 •N t .. ... ',. ... L 000 M C a 6 = ' U oUa0 amz s - - a ?CL ?a E zi m W Z a w a ? y a Ii { ? U Q a ?Yowa AWORwwin aQ OLU E E _j C) 7 Z 'a . 7 z (1) s O O e (V cri V L 6 ( D t? o B Ib m - r- 0 M O m 0 N CO Q. O O F ?m CL E 3 n a N L 0R.. c O U v c m N .c C a U U U - C3 0 O 0 I. a O s H GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 vs. THOMAS M. CARLO Mortgagor(s) and Record Owner(s) 315 West 10th Street New Cumberland, PA 17070 Defendant(s) Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-6096 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 GMAC MORTGAGE, LLC, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 315 West 10th Street New Cumberland, PA 17070 1.Name and address of Owner(s) or Reputed Owner(s): THOMAS M. CARL,O 315 West 10th Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: THOMAS M. CARLO 315 West 10th Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 315 West 10th Street New Cumberland, PA 17070 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 10, 2011 GOLDBECK McCAFFERTY & McKEEVER BY: ERIC KEENAN Legal Secretary Y SHERIFF'S OFFICE OF CUMBERLAN qpPFFICE Ron ny R Anderson (' THE p 07---1y Sheriff Jody S Smith 1011 APR -' ? AN jp; 16 Chief Deputy CUMBERLAND C Richard W Stewart PENNSYLVANIA TY Solicitor OFF - GMAC Mortgage, LLC vs Case Number . Thomas M. Carlo 2010-6096 SHERIFF'S RETURN OF SERVICE 12/30/2010 03:59 PM - Deputy Robert Bitner, 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 315 West 10th Street, New Cumberland, PA 17070, Cumberland County. 12/30/2010 03:59 PM - Deputy Robert Bitner, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Thomas M. Carlo at 315 W. 10th Street, New Cumberland, PA 17070, Cumberland County. 03/02/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA, on March 2, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Michael McKeever, on behalf of Secretary of Veterans Affairs, 2375 N. Glenville Drive, Building B, Mail Code: TX2-983-01-01, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $822.14 March 31, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 11f106, Fd -&k. . GeuniySuite 5nc,n't. ie?e;;?;it. In:;. i vs. /' Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 THOMAS M. CARLO (Mortgagor(s) and Record Owner(s)) 315 West 10th Street New Cumberland, PA 17070 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL, ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 10-6096 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 GMAC MORTGAGE, LLC, Plaintiff in the above action, by and through an authorized employee of its attomeys, 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: 315 West 10th Street New Cumberland, PA 17070 1.Name and address of Owner(s) or Reputed Owner(s): THOMAS M. CARLO 315 West 10th Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: THOMAS M. CARLO 315 West 10th Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 315 West 10th Street New Cumberland, PA 17070 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: November 9.2010 GOLDBECK McCAFFERTY & MCKEEVE BY: Michelle Clarkson 10-6096 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE, LLC 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff VS. THOMAS M. CARLO Mortgagor(s) and Record Owner(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL, ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 315 West 10th Street New Cumberland, PA 17070 Defendant(s; Docket No. 10-6096 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: CARLO, THOMAS M. THOMAS M. CARLO 315 West 10th Street New Cumberland, PA 17070 Your house at 315 West 10th Street, New Cumberland, PA 17070 is scheduled to be sold at Sheriff s Sale on Wednesday, March 02, 2011, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $210,947.32 obtained by GMAC MORTGAGE, LLC against you- NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to GMAC MORTGAGE, LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 10-6096 CIVIL TERM 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: b-q://www.philadelphiafed.orp-/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 10-6096 CIVIL TERM Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(lgoldbecklaw.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 101500FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. All that certain tract or parcel of land and premises, lying and being in the Borough of new Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: Beginning at a point on the northerly line of West 10th Street which point is 112 feet East of the Northeasterly Comer of West 10t` Street and Oak Lane; thence North 31 degrees 30 minutes West 100 feet to a point on the Southerly lone of a 10 foot wide public alley; thence alone same North 58 degrees 30 minutes East 50 feet to a point; thence South 31 degrees 30 minutes East 100 feet to a point; thence South 31 degrees 30 minutes East 100 feet to a point on the Northerly Line of West I e Street aforesaid; thence along same South 58 degrees 30 minutes West 50 feet to a point, the place of beginning. Parcel# 26-24-0811-096 Property address: 315 West 10th Street, New Cumberland, PA 17070 Being the same premises which Kathy A. Schrock and Jamie Weaver, by Deed recorded 12/27/05, in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book 272 Page 2414, granted and conveyed unto Thomas M. Carlo. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2010-6096 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC Mortgage, LLC 3451 Hammond Ave. Waterloo, IA 50702 Plaintiff (s) From Thomas M. Carlo (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$210,947.32 L.L. $.50 Interest from 11/10/10 to Date of Sale per diem at $33.62 Atty's Comm % Due Prothy $2.00 Atty Paid Plaintiff Paid $175.80 Other Costs Date: November 12, 2010 (Seal) ?) 141 David oth otary By: Deputy REQUESTING PARTY: Name David Fein, Esq. Goldbeck McCafferty & McKeever Address: Suite 5000 - Mellon Independence Center 701 Market Street, Philadelphia, PA 19106 Attorney for: Plaintiff Telephone: 215-627-1322 TRM COP" FWW RECORD A lb""WW w ws 1 hsn orft ON my hwW Mid >? sMl of am clout at taw"W. Pa. **..4Qrr4r at... ,...._. 20 ,&(-)_ ??Pro?_ tfonOtaa?? Supreme Court ID No. 56129 On November 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 315 West I Wh Street New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 22, 2010 By: Real Estate Coordinator Qs?nossi WWI Yqo* 3LMT bmad XM N8 01"U MM 1 V$OVAw ,6,4 ,We"o to ftmo gear 10 is" so b" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 28, February 4, and February 11, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this _11 da of Februar 2011 Notary A+0 TAR? Al. 'SEA,'L DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 wmw? L ' Marie Coyne, Ed} or CUMBERLAND LAW JOURNAL Writ No. 2010-6096 Civil GMAC Mortgage, LLC vs. Thomas M. Carlo Atty.: Michael McKeever All that certain tract or parcel of land and premises, lying and being in the Borough of new Cumberland in the County of Cumberland and Com- monwealth of Pennsylvania, more particularly described as follows: Beginning at a point on the north- erly line of West 10th Street which point is 112 feet East of the North- easterly Corner of West 10th Street and Oak Lane; thence North 31 degrees 30 minutes West 100 feet to a point on the Southerly lone of a 10 foot wide public alley; thence alone same North 58 degrees 30 minutes East 50 feet to a point; thence South 31 degrees 30 minutes East 100 feet to a point; thence South 31 degrees 30 minutes East 100 feet to a point on the Northerly Line of West 10th Street aforesaid; thence along same South 58 degrees 30 minutes West 50 feet to a point, the place of beginning. Parcel# 26-24-0811-096. Property address: 315 West 10th Street, New Cumberland, PA 17070. Being the same premises which Kathy A. Schrock and Jamie Weaver, by Deed recorded 12/27/05, in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book 272 Page 2414, granted and conveyed unto Thomas M. Carlo. The Patriot-News. Co. 2020 "rechnology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ZNow you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Harnpden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid- that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since- That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said panted notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are tr1JE!; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Cc. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Countv of Dauphin in Miscellaneous Bcok °M", Volume 14, Page 317. 2010.6096 Civil Term GMAC Mortgage, LLC V$ Thomas M. Carlo This ad ran on the date(s) shown below: Ally: Michael McKeever All that certain tract or parcel of land and 1 /28/11 premises, lying and being in the Borough 2/4/11 of new Cumberland in the County of Cumberland and Commonwealth of 2/11/11 Pennsylvania, more particularly described ? as follows: Be innin at a oint on th th l li - ^• l - • • g g p e nor er y ne • • • • - . . of West 10th Street which point is 112 feet East of the Northeasterly Comer of West 10th Street and Oak Lane; thence North Sworq to aid subscribed before me this 4 da f F b 31 degrees 30 minutes West 100 feet to y o e ruary, 2011 A. D. a point on the Southerly lone of a 10 foot I wide public alley; thence alone same North 58 degrees 30 minutes East 50 feet to a ? point; thence South 31 degrees 30 minutes Notary Public East 100 feet to a point; thence South 31 degrees 30 minutes East 100 feet to a point on the Northerly Line of West 10th Street aforesaid; thence along same South 58 degrees 30 minutes West 50 feet to a point, the place of beginning. Parcel#26-24-0811-096 ::0!vIM®iVIhJ - r'.i OF PENNSYLVANL4 ?- - ' 7-7-- Property address: 315 West 10th Street, New C b l d PA ]7070 ? 1+ot7 Seat 5herr." L K•? Notar P bil um er an , Being the same premises which Kathy , y u c ower Paxton rwp., Dauphin County My, CammLsslpn EVres N A. Schrock and Jamie Weaver, by Deed recorded 12/27105, in the Office of the ov 1ti, 2011 `q?mt:;. n=nrsfivan!°, ssociatir o gl,k Recorder of Deeds in and for Cumberland County, in Deed Book 272 Page 2414, granted and conveyed unto Thomas M. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Veterans Affairs Secretary is the grantee the same having been sold to said grantee on the 2nd day of March A.D., 2011, under and by virtue of a writ Execution issued on the 12th day of November, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 6096, at the suit of GMAC Mortgage LLC against Thomas M Carlo is duly recorded as Instrument Number 201109962. IN TESTIMONY WHEREOF, I have hereunto set my hand 1 and seal of said office this day of f Deeds Recorder 0, Cumbedend County, Cerlisle, PA My Comm' Expires the Frst Monday of Jan. 2014