HomeMy WebLinkAbout10-6639l
kGOLDBECK McCAFFERTY & McKEEVER
BY: MICHAEL T. MCKEEVER
ATTORNEY I.D. #56129
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
(866) 413-2311
WWW.GOLDBECKLAW.COM
ATTORNEY FOR PLAINTIFF
FILED-OFFICE
OF THE PROTHONOTPiRY
2010 OC.T 19 AM 11: 17
C t'i3ERtL D COUHITi Y
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS
INDENTURE TRUSTEE FOR SEQUOIA HELOC TRUST
2004-1
4708 Mercantile Drive North
Fort Worth, TX 76137
Plaintiff
vs.
ELAINE BUCK LEVIN A/K/A JOYCE E. LEVIN
Mortgagor and Record Owner
5036 Woodbox Lane
Mechanicsburg, PA 17055
Defendant
COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 16 - 6 6 3°I
CIVIL ACTION: MORTGAGE
NOTICE FORECI_vol. E
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after the Complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money claim in the Complaint
of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
& 41 q,2 zp?pa?
?8-70
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion.
Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma
escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se
defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion.
Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioner
de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O
SI NO TIENE EL 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
INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you
still may be able to SAVE YOUR HOME FROM FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-
243-9400.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling.
3). Visit HUD'S website www.hud.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.orWconsumers/homeowners/realaspx.
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.oraJforeclosure/
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 homeretentionngoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or
package you requested will be mailed to the address that you request or faxed if you leave a message with that
information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be
reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 103159FC.
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.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is WELLS FARGO BANK, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE FOR
SEQUOIA HELOC TRUST 2004-1, 4708 Mercantile Drive North, Fort Worth, TX 76137.
2. The names and addresses of the Defendant is ELAINE BUCK LEVIN A/K/A JOYCE E. LEVIN, 5036
Woodbox Lane, Mechanicsburg, PA 17055, who is the mortgagor and record owner of the mortgaged
premises hereinafter described. DANIEL M. LEVIN died on January 4, 1996 by operation of law title
vests solely in ELAINE BUCK LEVIN A/K/A JOYCE E. LEVIN and DANIEL M. LEVIN is hereby
released of liability pursuant to PA. R.C.P. 1144.
3. On March 11, 2004 mortgagors made, executed and delivered a mortgage upon the Property hereinafter
described to MORGAN STANLEY DEAN WITTER CREDIT CORPORATION, which mortgage is
recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1859 Page 2939. The
mortgage has been assigned to: WELLS FARGO BANK, NATIONAL ASSOCIATION AS
INDENTURE TRUSTEE FOR SEQUOIA HELOC TRUST 2004-1 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 September 22, 2009 and each month thereafter and by the terms of the Mortgage, upon default in
such payments for a period of one month or more, the entire principal balance and all interest due and
other charges are due and collectible.
6. The following amounts are due to Plaintiff on the Mortgage:
Principal Balance ..................................................................................$297,813.14
Interest from 08/22/2009 through 09/27/2010 at 3.2500% .....................$10,914.45
Per Diem interest rate at $26.52
Reasonable Attorney's Fee at 5% of Principal Balance
as more fully explained in the next numbered paragraph .................$14,890.66
Late Charges from 09/22/2009 to 09/27/2010 .............................................$494.00
Monthly late charge amount at $38.00
Costs of suit and Title Search (Estimated) ...................................................$900.00
Fees ...........................................................................................................$5,904.05
Escrow .......................................................................................................... $206.03
$331,122.33
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 $331,122.33,
together with interest at the rate of $26.52, per day and other expenses, costs and charges incurred by the
Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law
until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property.
B
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
ATTORNEYS FOR PLAINTIFF
Gary McCafferty Pa. ID 42386?
Lisa Lee Pa. ID 78020
VERIFICATION
John Cornell , as the representative of the servicing agent 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 unworn
falsification to authorities.
Date:
I 4400fw
'J_0
WELLS FARGO BANK, NATIONAL
ASSOCIATION, AS INDENTURE
TRUSTEE FOR SEQUOIA HELOC TRUST
2004-1, BY MORGAN STANLEY CREDIT
CORP., AS ITS ATTORNEY IN FACT
John Cottrell Assistant Vice President
4103159FC - ELAINE BUCK LEVIN
5036 Woodbox Lane Mechanicsburg, PA 17055
EythibitA
ALL THAT CERTAIN piece or parcel of land situate In the Township of Lower Allen,
County of Cumberland and State of Pennsylvania, more particularly bounded and
described as follows, to wit: BEGINNING at a point on the northern side of Woodbox
Lane at the dividing line between Lot No. 48 on the hereinafter Plan of Lots and Lot
No. 47 on Plan No. 4 of Fair Oaks; thence along said dividing line North 18 degrees
10 minutes West, a distance of one hundred forty (140) feet to a oint; thence South
71 degrees 50 minutes West, a distance of one hundred seven 107) feet to a point
on the dividing fine bahveen Lots Nos. 40 and 48 on the herein mentioned Plan
of Lots; thence continuing along said dividing line South 52 degrees 45 minutes 30
seconds West, a distance of one hundred two and twenty- six hundredths (102.26)
feet to the northern side of Woodbox Lane; thence along the northern side of
Woodbox Lane South 60 degrees 40 minutes East, a distance of eighty--nine and
fifty--five hundredths (89.661 feet to a point; thence stilt along the northern side of
Woodbox Lane along a curve to the left having a radius of one hundred twenty--five
Jeetto 25 feet, an arc distance of one huthrnd ably-three hundredths (103.63)
a point; thence still along the northern side of Woodbox Lane North 71 degrees
50 minutes East, a distance of fifty-one. (51) feet to the dividing line between Lots
Nos. 48 on the hereinafter mentioned Plan of Lots and 47 on Plan No. 4 of Fair Oaks
at the point or piece of BEGINNING. BEING Lot No. 48 on Plan No. 7 of Fair oaks as
recorded In the Cumberland County Recorder's Office In Plan Book 16, Page 30.
which has the address of: 5036 Woodbox Lane
Mechanicsburg. PA 17055
E...x.hibit B
ACT 91 NOTICE
DATE OF NOTICE: 02/02/2010
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THE PURPOSE OF COLLECTING THE DEBT.
This is an official notice that the mortgage on your home is in default and the
lender intends to foreclose. Specific information about the nature of the default is provided in
the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be
able to help to save your home. This Notice explains how the program works
To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this
Notice with you when you meet with the Counseling Agency.
The name address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice If you have any questions you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired
hearing can call (717) 780-1869.)
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact any attorney in your area. The local bar association may be able
to help you find a lawyer.
La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar
viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion
immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionada arriba. Puedes ser elegible para un prestamo por el programs llamado
"Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la
perdida del derecho a redimir su hipoteca.
Prepared by: GOLDBECK McCAFFERTY & McKEEVER
Suite 5000 - Mellon Independence Center.
701 Market Street
Philadelphia, PA 19106
Fax (215) 627-7734
Date: 02/02/2010
Homeowners Name: ELAINE BUCK LEVIN
Property Address: 5036 Woodboz Lane, Mechanicsburg, PA 17055
Loan Account No.
Original Lender: MORGAN STANLEY CREDIT CORPORATION
Current Lender/Servicer: MORGAN STANLEY CREDIT CORPORATION
HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for
mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the
designated consumer credit counseling agencies listed at the end of this Notice.
THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against you
for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of
designated consumer credit counseling agencies for the county in which the property is located are set
forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your
lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of
your default.) You have the right to apply for financial assistance from the Homeowner's Emergency
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications
for the program and they will assist you in submitting a complete application to the Pennsylvania
Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your
application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting with the
counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU
HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE
POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA
WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY
PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS
EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF
FORECLOSURE."
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND
THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER
FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS
EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE
FORECLOSURE WILL BE STOPPED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application.
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HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 5036 Woodbox Lane, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT
because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:
(a) Monthly payment from 09/22/2009 thru 02/02/2010
(Imos. at $439.96/month) = $439.96
(lmos. at $795.53/month) = $795.53
(lmos. at $822.05/month) = $822.05
(Imos. at $795.53/month) = $795.53
(Imos. at $795.53/month) = $795.53
(Imos. at $795.53/month) = $795.53
Total Payments: $4,444.13
(b) Late charges
(c) Other charges; Escrow, Inspec., NSF Checks
(d) Other provisions of the mortgage obligation, if any
(e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $4,444.13
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH
IS $4,444.13 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check
certified check or money order made payable and sent to:
MORGAN STANLEY CREDIT CORPORATION
PO Box 163405
Fort Worth, TX 76161
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default
within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to
accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be
considered due immediately and you may lose the chance to pay the mortgage in monthly installments.
If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender brings legal proceedings against you, you will still be required to pay the
reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are
started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender
even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY
period, you will not be required to 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 (30) DAY period and foreclosure proceedings have begun, you still have
the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale
You may do so by paying the total amount then past due plus any late or other charges then due
reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected
with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements
under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6)
months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to
you before the sale. Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment or action will by contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: MORGAN STANLEY CREDIT CORPORATION
Address: PO Box 163405
Fort Worth, TX 76161
Phone Number: 1-800-767-9272
Contact Person: Jacob Gonzalez
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who
will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees
and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
BEHALF.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
* 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 TIIvIES IN ANY
CALENDAR YEAR.)
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Contact Person: Jacob Gonzalez
Phone Number: 1-800-767-9272
HEMAP Consumer Credit Counseling Agencies
Report last updated: 11/27/2009 2:32:10 PM
CCCS of Western PA
4402 Peach Street
Erie, PA 16509
888.511.2227 ext
108
888.511.2227 ext
108
DAUPHIN County
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Center for Family Services, Inc.
213 Center Street
Meadville, PA 16335
814.337.8450
Greater Erie Community Action Committee
18 West 9TH Street
Erie, PA 16501
814.459.4581
Shenango Valley Urban League, Inc.
601 Indiana Avenue
Farrell, PA 16121
724.981.5310
St. Martin Center
1701 Parade Street
Erie, PA 16503
814.452.6113
CUMBERLAND County
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PA Interfaith Community Programs Inc
40 E High Street
Gettysburg, PA 17325
717.334.1518
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
DELAWARE County
Advocates for Financial Independence
202 East Hinkley Avenue
Ridley Park, PA 19078
215.389.2810
American Credit Counseling Institute
175 Strafford Avenue
Suite 1
Wayne, PA 19087
610.971.2210
888.212.6741
American Credit Counseling Institute
526-528 Dekalb Street
Norristown, PA 19401
610.971.2210
888.212.6741
American Financial Counseling Services Inc.
1080 N. Delaware Avenue
Suite 200
Philadelphia, PA 19125
267.228.7903
800.490.3039
American Financial Counseling Services Inc.
405 West Germantown Pike
Norristown, PA 19403
267.228.7903
800.490.3039
American Financial Counseling Services Inc.
175 Strafford Avenue
Suite One
Wayne, PA 19087
267.228.7903
800.490.3039
Page 8 of 21
E..X,hibit 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: 103159FC
Parcel ID#: 13-26-0247-059
ASSIGNMENT OF MORTGAGE
MORGAN STANLEY DEAN WITTER CREDIT CORPORATION (Assignor),
for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,
the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to WELLS FARGO
BANK, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE FOR SEQUOIA HELOC
TRUST 2004-1.
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS INDENTURE
TRUSTEE FOR SEQUOIA HELOC TRUST 2004-1 (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 ELAINE BUCK LEVIN, Mortgagor(s); to MORGAN STANLEY DEAN WITTER
CREDIT CORPORATION. Bearing date of. March 11, 2004; Amount Secured: $300,000.00;
Recorded on April 05, 2004; in Book 1859 Page 2939; in the Recorder of Deeds Office of Cumberland
County, Commonwealth of Pennsylvania ("Mortgage")
Property: 5036 Woodbox Lane, Mechanicsburg, PA 17055
AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS
ASSIGNMENT.
Together with the note or obligation described in the Mortgage endorsed to the Assignee,("Note") and all
moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal
representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to
the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever.
Assignor, by its appropriate co a officers, and sealed with its corporate seal this
Assignment of Mortgage on this day of !1!)?ex cuted 2010.
CREDIT
(Affix Corporate Seal)
st ice i
i
r
Nn T
Name: ohn Cottrell
Title: Assistant Vice President
ss:
STATE OF Texas ) COUNTY OF Tarrant )
BE IT REMEMBERED, that on this Xday of 2010, before me, the subscriber, a
Notary Public personally appeared
MORGAN STANLEY DEAN WITTER CREDIT CORPORATION
officers of Assignor, who I am satisfied are the persons who signed the within instrument and they
acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers
aforesaid, and that the within instrument is the voluntary ct and deed of such corporation made by virtue
of a Resolution of its Board of Directors.
Notary Public
My commission expires: 'k,
?.
I hereby certify the address of the Assignee is:
4708 Mercantile Drive North, Fort Worth, TX 76137
+?.• ?.;; ALLISON A. WALTERS
Notary Public, State of texas
=y.
,' My Commission Expires
Aprll 08, 2014
Case #: 103159FC
SHERIFF'S OFFICE OF CUMBERLAND COUNTY' v
Ronny R Anderson C -,-?
Sheriff
Jody S Smith
rv 40
Chief Deputy r,
r" ;= --a ca
Richard W Stewart tom
Solicitor ¢F91CE '4ERIFF C, r
-C?
Wells Fargo Bank, NA
vs. Case Number
Elaine Buck Levin 2010-6639
SHERIFF'S RETURN OF SERVICE
10/20/2010 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: Elaine Buck Levin a/k/a Joyce E. Levin, but was unable
to locate him in her bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within
Complaint In Mortgage Foreclosure according to law.
10/22/2010 Perry County Return: And now, October 22, 2010 I, Carl E. Nace, Sheriff of Perry County, Pennsylvania,
do hereby certify and return, that I made diligent search and inquiry for Elaine Buck Levin the defendant
named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of
Perry and therefore return same NOT FOUND. Deputies were advised, Elaine Buck Levin is currently
residing at the Claremont Nursing Home, Cumberland County.
11/01/2010 10:30 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on November
1, 2010 at 1030 hours, he was unable to serve a true copy of the within Complaint In Mortgage
Foreclosure, upon the within named defendant, to wit: Elaine Buck Levin a/k/a Joyce E. Levin. Claremont
Nursing Home advised Deputies, Elaine Buck Levin is not competent to accept service and to attempt
service on her Power of Attorney, Tamara Gerhold.
11/01/2010 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: Tamara Gerhold Power of Attorney for Elaine Buck
Levin, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, PA
to serve the within Complaint In Mortgage Foreclosure according to law.
11/10/2010 05:25 PM - Perry County Return: And now November 10, 2010 at 1725 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 in
Mortgage Foreclosure, upon the within named defendant, to wit: Elaine Buck Levin by making known unto
Tamara Gerhold, Power of Attorney for defendant at 622 Lincoln Street, Duncannon, Pennsylvania 17020
its contents and at the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $81.00
November 30, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) GountySuite Shent Teleosoft. Inc.
Wells Fargo Bank IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA,
PERRY COUNTY BRANCH
Versus
Elaine Buck Levin
No. 2010-6639 Cumberland Co.
SHERIFF'S RETURN
And now November 10 , 2010: Served the within name Elaine Buck Levin
the defendant(s) named herin, personally at her place of residence in Duncannon Boro- 622
Lincon St., Duncannon,
Perry County, PA, on November 10, 2010 at 5:25 o'clock PM
by handing to Tamara Gerhold, defendant's power of 1 true and attested
attorney
copy(ies) of the within Complaint in Mortgage Foreclosure
and made known to her the contents thereof
T?
Sworn and subscribed to before me this _L
day of 7-&MAX4 , 020/ 0
Prothonotary
&M0nF-a0F -PENNSYLVANIA
!1i5 A-4CAL SEAL
` S. "RANCE, NOTARY PUBLIC
-,t LCC:Hr!?,C ORO.,PEP,RY000NTY
s
AON `WIRES MARCH 6, 2014
So answers
Deputy Sheriff of Perry County
SHERIFF'S RETURN
Wells Fargo Bank, NA
VS
Elaine Buck Levin
622 Lincoln Street
Duncannon, PA 17020
In the Court of Common Pleas
Of the 41st Judicial District
of Pennsylvania-
Perry County Branch
No. 2010-6639 Cumberland Co.
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 Elaine Buck Levin,
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) Gerald 622
Lincoln Street, Duncannon, PA 17020. NOT FOUND. DEFENDANT IS IN
CLAIRMONT NURSING HOME IN CARLISLE.
Sincerely,
I
Sworn and subscribed to bgfore me
this land day of 0o&
2010.
MaAd#Y Y-
Carl E. Nace
Sheriff of Perry County
COMMONWEALTH OF PENNSYLVANIA
N A iAL SEAL.
MARGARET F. FUCKINGER, Notary Public
Bloomfield Boro. Perry County
M Commis ,ion Expires Feb. 16, 2012
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
` Richard W Stewart
Jody S Smith
Chief Deputy Solicitor
Wells Fargo Bank, NA Case Number
vs. 2010-6639
Elaine Buck Levin
SERVICE COVER SHEET
Slim
Category. Civil Action - Complaint in Mortgage Foreclos
Manner: Deputize
Notes:
Name: Elaine Buck Levin
Primary 622 Lincoln Street
Address: Duncannon, PA 17020
Phone:
Alternate 5036 Woodbox Lane
Address: Lower Allen Township
;Mechanicsburg, PA 17055
Phone:
Attorney'! 04a6r~
Name: Michael McKeever
r?''1? [.';+i A. ?ti ?.r ,{??? L: ?F ? r:licch`1'f d?•y,?.t,-i ;?;?
ure Zone:
Expires: 11/18/2010 Warrant Cn
N
Cc:> 3
7o -11
i
n ......
I"? .,?.' _' I^T., 4LG f '; C'?.r •'f ... t 14 N :'. .I I .: } t- , 11 t . `J k rl
Served. Personally Adult In Charge Posted Other
Adult In
Charge: e...? . r... w_, a,R..
Relation:
Service Atdw pts:
Date:
Time:
Mileage:
Deputy:
?? .Yti?'i1i07?'iJ'6?i1V1 ?a: r , .': i; I `1F ?1?'y k. 1?I w G i;_n. ?i!'r ??w
Now, October 20, 2010 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Perry County to
execute service of the documents herewith and make return thereof according to law.
Return To:
Cumberland County Sheriffs Officer
One Courthouse Square 6Z ,+
Carlisle, PA 17013 onny R Anderson, Sheriff
SHERIFF'S DEPARTMENT PERRY COUNTY
SHERIFF SERVICE INSTRUCTIONS
PLAINTIFF/S/ COURT NUMBER
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS INDENTURE I
????
TRI ICTFF Fr1R CFrl11r IA 1-IFI nr. TRI ICT )nnA-1 O V
l
DEFENDANT/S/ TYPE OF WRIT OR COMPLAINT
ELAINE BUCK LEVIN A/K/A JOYCE E. LEVIN MORTGAGE FORECLOSURE
SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE
ELAINE BUCK LEVIN A/K/A JOYCE E. LEVIN
04 ADDRESS (Street or Road, Apartment No., City, Boro, Twp., State and ZIP Code)
622 Lincoln Street, Duncannon, PA 17020
AT
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
Please serve in accordance with PA RCP 400.1
SIGNATURE OF ATTORNEY Telephone Number 215-627-1322 DATE
Laura Bryans, Manager October 18, 2010
WichmI T WcKever 215-825-6315
ADDRESS OF ATTORNEY
GOLDBECK MCCAFFERTY & McKEEVER
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson I L E -Ot, F
Sheriff ??tit" trt itnlir r? t THE. Jody S Smith
Chief Deputy t J; I SEP 15 PM r: ? w
Richard W Stewart CUMBERLANZ
Solicitor " PEIMS YLVA N IA
Wells Fargo Bank, NA
vs. Case Number
.
Elaine Buck Levin 2010-6639
SHERIFF'S RETURN OF SERVICE
03/09/2011 05:56 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 5036 Woodbox Lane, Mechanicsburg, PA 17055, Cumberland County.
06/01/2011 As directed by Michael McKeever, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011
07/06/2011 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, PA on July 6, 2011 at 10:00 a.m.. He sold the same for the sum
of $1.00 to Attorney Michael McKeever on behalf of Wells Fargo Bank National Association, et. al., being
the buyer in this execution, paid to the Sheriff the sum of $
SHERIFF COST: $902.52
September 15, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
y? ?'?? P? • ae
C V Pd . (0•
1
i
Goldbeck McCafferty & McKeever
Suite 5000- Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
WELLS FARGO BANK, NATIONAL
ASSOCIATION, AS INDENTURE TRUSTEE FOR
SEQUOIA HELOC TRUST 2004-1
4708 Mercantile Drive North
Fort Worth, TX 76137
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ELAINE BUCK LEVIN A/K/A JOYCE E. LEVIN
(Mortgagor(s) and Record Owner(s))
5036 Woodbox Lane
Mechanicsburg, PA 17055
Defendant(s)
No. 10-6639
AFFIDAVIT PURSUANT TO RULE 3129
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE FOR SEQUOIA HELOC
TRUST 2004-1, 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:
5036 Woodbox Lane
Mechanicsburg, PA 17055
LName and address of Owner(s) or Reputed Owner(s):
ELAINE BUCK LEVIN A/K/A JOYCE E. LEVIN
c/o TAMARA J. GERHOLD, POA
622 Lincoln Street
Duncannon, PA 17020
2. Name and address of Defendant(s) in the judgment:
ELAINE BUCK LEVIN A/K/A JOYCE E. LEVIN
c/o TAMARA J. GERHOLD, POA
622 Lincoln Street
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
ACTION OF MORTGAGE FORECLOSURE
4. Naive and address of the last recorded holder of every mortgage of record:
1
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
5036 Woodbox Lane
Mechanicsburg, PA 17055
COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE
TAX DIVISION
1131 Strawberry Square
6th Floor
Harrisburg, PA 17128
INTERNAL REVENUE SERVICE - SPECIAL PROCEDURES BRANCH
1001 Liberty Avenue
Thirteenth Floor, Suite 1300
Pittsburgh, PA 15222
DEPARTMENT OF PUBLIC WELFARE
ESTATE RECOVERY PROGRAM
P.O. Box 8486, Willow Oak Building
Harrisburg, PA 17105-8486
TAMARA J. GERHOLD
622 N. LINCOLN STREET
DUNCANNON, PA 17020
(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.
f?
7
/
DATED: Janua 5
2011
,
By:
GO BECK MCCAFFERTY & MCKEEVER
chael 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. 1D 27615
Attorneys for Plaintiff
10-6639
GOLDBE`CK 1MIcCAFFERTY & McKEEVER
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6318
Attorney for Plaintiff
WELLS FARGO BANK, NATIONAL
ASSOCIATION, AS INDENTURE TRUSTEE FOR
SEQUOIA HELOC TRUST 2004-1
4708 Mercantile Drive North
Fort Worth, TX 76137
Plaintiff
vs.
ELAINE BUCK LEVIN A/K/A JOYCE E. LEVIN
Mortgagor(s) and Record Owner(s)
5036 Woodbox Lane
Mechanicsburg, PA 17055
Defendant(s;
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
Docket No. 10-6639
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: LEVIN, ELAINE BUCK AWA LEVIN, JOYCE E.
ELAINE BUCK LEVIN A/K/A JOYCE E. LEVIN
2925 Dickinson Avenue
Camp Hill, PA 17011
Your house at 5036 Woodbox Lane, 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 $334,176.80 obtained by WELLS FARGO BANK, NATIONAL
ASSOCIATION, AS INDENTURE TRUSTEE FOR SEQUOIA HELOC TRUST 2004-1 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:
1. The sale will be cancelled if you pay to WELLS FARGO BANK, NATIONAL ASSOCIATION,
AS INDENTURE TRUSTEE FOR SEQUOIA HELOC TRUST 2004-1, 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.
IN THE COURT OF COMMON PLEAS
10-6639
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if
the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may 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
10-6639
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://Nvww.phfa.org/consumers/liomeowners/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 homeretentionna 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 103159FC.
Para information en espanol puede communicarse con Loretta al 215-825-6344.
ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of
Cumberland and. State of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern side of Woodbox Lane at the dividing line between Lot No. 48
on the hereinafter mentioned Plan of Lots and Lot No. 47 on Plan No. 4 of Fair Oaks; thence along said
dividing line North 18 degrees 10 minutes West, a distance of one hundred seven (107) feet to a point on
the dividing line between Lots nos. 40 and 48 on the hereinafter mentioned Plan of Lots; thence
continuing along said dividing line South 52 degrees 45 minutes 30 seconds West, a distance of one
hundred two and twenty-six hundredths (102.26) feet to the northern side of Woodbox Lane; thence
along the northern side of Woodbox Lane South 60 degrees 40 minutes East, a distance of eighty-nine
and fifty-five hundredths (89.55) feet to a point; thence still along the northern side of Woodbox lane
along a curve to the left having a radius of one hundred twenty-five (125) feet, an arc distance of one
hundred three and sixty-three hundredths (103.63) feet to a point; thence still along the northern side of
Woodbox Lane North 71 degrees 50 minutes East, a distance of fifty-one (51) feet to the dividing line
between Lots Nos. 48 on the hereinafter mentioned Plan of Lots and 47 on Plan No. 4 of Fair Oaks at
the point or place of BEGINNING. -
BEING Lot No. 48 on Plan No. 7 of Fair Oaks as recorded in the Cumberland County Recorder's Office
in Plan Book 16, Page 30.
Granted and conveyed unto Daniel M. Levin and Joyce E. Levin by deed from William K. Whitlock and
Elizabeth S. Whitlock, his wife by deed dated 4/12/196 and recorded 4/14/67 in deed book H22,
page519
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-6639 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WELLS FARGO BANK, NATIONAL ASSOCIATION
AS INDENTURE TRUSTEE FOR SEQUOIAA HELOC TRUST 2004-1 Plaintiff (s)
From ELAINE BUCK LEVIN A/K/A JOYCE E. LEVIN
(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 $334,176.80
L.L.$.50
Interest FROM 01/25/2011 TO DATE OF SALE PER DIEM AT $26.52
Atty's Comm %
Atty Paid $213.50
Plaintiff Paid
Date: 2/1/11
(Seal)
REQUESTING PARTY:
Due Prothy $2.00
Other Costs TO BE ADDED
ueputy
Name: MICHAEL McKEEVER, ESQUIRE
Address: GOLDBECK MCCAFFERTY & MCKEEVER
SUITE 5000-MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
Attorney for: PLAINTIFF
Telephone: 215-627-1322
Supreme Court ID No. 56129
TRUE COPY FRONA RECORD
In Testin-ory wherecr. ,,;;-tc se: n-rr hand
and the seal of said Cou t r` i:: ,see=a.
This i day of
i'fc.;i Oncotary
66,x, d
On March 3, 2011 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA,
Known and numbered as, 5036 Woodbox Lane,
Mechanicsburg, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: March 3, 2011
B
Real Estate Coordina or
10:01V E-0 1 ;102
CUMBERLAND LAW JOURNAL
Writ No. 2010-6639 Civil Granted and conveyed unto Dan-
iel M. Levin and Joyce E. Levin by
Wells Fargo Bank, NA deed from William K. Whitlock and
vs. Elizabeth S. Whitlock, his wife by
Elaine Buck Levin, deed dated 4/12/196 and recorded
4/14/67 in deed book H22, page 519.
a/k/a Joyce E. Levin
Atty.: Michael McKeever
ALL THAT CERTAIN piece or par-
cel of land situate in the Township of
Lower Allen, County of Cumberland
and State of Pennsylvania, more
particularly bounded and described
as follows, to wit:
BEGINNING at a point on the
northern side of Woodbox Lane at
the dividing line between Lot No. 48
on the hereinafter mentioned Plan
of Lots and Lot No. 47 on Plan No.
4 of Fair Oaks; thence along said
dividing line North 18 degrees 10
minutes West, a distance of one
hundred seven (107) feet to a point
on the dividing line between Lots
nos. 40 and 48 on the hereinafter
mentioned Plan of Lots; thence con-
tinuing along said dividing line South
52 degrees 45 minutes 30 seconds
West, a distance of one hundred two
and twenty-six hundredths (102.26)
feet to the northern side of Woodbox
Lane; thence along the northern side
of Woodbox Lane South 60 degrees
40 minutes East, a distance of eighty-
nine and fifty-five hundredths (89.55)
feet to a point; thence still along the
northern side of Woodbox lane along
a curve to the left having a radius of
one hundred twenty-five (125) feet,
an arc distance of one hundred three
and sixty-three hundredths (103.63)
feet to a point; thence still along the
northern side of Woodbox Lane North
71 degrees 50 minutes East, a dis-
tance of fifty-one (51) feet to the divid-
ing line between Lots Nos. 48 on the
hereinafter mentioned Plan of Lots
and 47 on Plan No. 4 of Fair Oaks
at the point or place of BEGINNING.
BEING Lot No. 48 on Plan No. 7
of Fair Oaks as recorded in the Cum-
berland County Recorder's Office in
Plan Book 16, Page 30.
48
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:
April 22, April 29, and May 6, 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.
U Lisa Marie Coyne Editor
SWORN TO AND SUBSCRIBED before me this
6 da of Ma 2011
liZ - ("I X;"e?
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
The Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
the Patr1*otmXews
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
04/22/11
04/29/11
05/06/11
f. f
Sworn to ;an ubscribed ore m thi ZY y of May, 2011 A.D.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sherrie L Klsner, Notary NW
Lower Paxton Twp., Dauphin Count),
My Commission 6cpires Nov. 25, 2011
-slyer, Pennsylvania Association of Notaries
20104639 CWU Term
Wells fer" 114&nk* NA
Vs
Elaine Buck Levin, k/a Joyce
A": tAchaM McKeever
ALL THAT CERTAIN piece or parcel
of land situate in the Township of Lower
Allen, County o State of Pennsylvania, more particularly
bounded and described as follows, to wit
BEGINNING at a point on the northern
side of Woodbox Lane at the dividing line
between Lot Na. 4S on the hereinafter
mentioned Plan of Lots and Lot alNo. 47 on
ong said
Plan No. 4 of Farr Oaks; thence dividing line North 18 degrees 10 minutes
West, a distance of one hundred seven (107)
feet to a point on the dividing line between
Lots nos. 40 and 48 (In the hereinafter
mentioned Plan of Lots; thence continuing
along said dividing line South 52 degrees
15 minutes 30 seconds West, a distance of
one hundred two and twenty-six hundredths
1102.26) feet to the northern side of
Woodbox Lane; thence along the northern
side of Woodbox Lane South 60 degree
40 minutes East, a distance of eightyand fifty-five hundredths (89.55) feet to a
point; thence still along the northern side
of Woodbox lane along a curve to the left
having a radius of one hundred twenty five
hree feed are hiee distance hundredths hundred
(103.6)
three and si sixty-
feet to a point; thence still along the
northern side of Woodbox Lane North 71
degrees 50 minutes East, a distance of fifty-
(51) feet to the dividing line between
Lots Nos. 48 on the hereinafter mentioned
plan of Lots and 47 on Plan No. 4 of Fair
Oaks at the point or place of BEGINNING.
BEING Lot No. 48 on plan No. 7 of Fair
Oaks as recorded in the Cumberland County
Recorder's office m* Plan Book 16, Page 30.
Granted and conveyed unto Daniel M.
Levin and Joys. Levin by deed from
William K. Whitlock and Elizabeth S.
Whitlock; his wife by deed dated 41121196
and recorded 4114167 in deed book H22,
page 519
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff s Deed in which Sequoia Heloc Trust 2004-1, Tr is the grantee the same having been sold to
said grantee on the 6 day of July A.D., 202011, under and by virtue of a writ Execution issued on the 1
day of February, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term,
2010 Number 6639, at the suit of Sequoia Heloc Trust 2004-1 against Elaine Buck Levin A/K/A Joyce
E. Levin is duly recorded as Instrument Number 201125567.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this 4 day of
A.D. <:2
1\
;r of Deeds
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