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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
The Bank of New York Mellon formerly
known as The Bank of New York as
successor Trustee to JPMorgan Chase Bank,
National Association as Trustee for the
Certificateholders of Structured Asset
Mortgage Investments II Inc. Bear Stearns
ALT-A Trust, Mortgage Pass-Through
Certificates Series 2005-10
2780 Lake Vista Drive
Lewisville, Texas 75067
V.
Geoffrey T. Cragg
Lot # 67 Monroe Acres a/k/a 308 Widders
Drive
Mechanicsburg, Pennsylvania 17055
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number // 0/ff
CIVIL ACTION/MORTGAGE FORECLOSURE
0?
141,I-l# l 3 a 3s7
t#hj '#70"44j"c
4NOTICE
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 this
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 claimed in the
complaint or 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, 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, Pennsylvania 17013
(800) 990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Hace falta
asentar 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 demands en
contra suya sin previo aviso o notificacion. Ademas, la
corte puede decidir 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.
USTED LE DEBE TOMAR ESTE PAPEL A
SU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE A UN ABOGADO, VA A O TELEFONEA LA
OFICINA EXPUSO ABAJO. ESTA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PROPORCIONAR
PARR EMPLEAR UN ABOGADO, ESTA OFICINA
PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEGALES A PERSONAS ELEGIBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
CIVIL ACTION/MORTGAGE FORECLOSURE
1. Plaintiff is The Bank of New York Mellon formerly known as The Bank of New York as
successor Trustee to JPMorgan Chase Bank, National Association as Trustee for the Certificateholders of
Structured Asset Mortgage Investments H Inc. Bear Stearns ALT-A Trust, Mortgage Pass-Through
Certificates Series 2005-10, a corporation duly organized and doing business at the above captioned address.
2. The Defendant is Geoffrey T. Cragg, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is Lot # 67 Monroe Acres a/k/a 308 Widders
Drive, Mechanicsburg, Pennsylvania 17055.
3. On July 15, 2005, mortgagor made, executed and delivered a mortgage upon the premises
hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for Aegis Wholesale
Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage
Book 1915, Page 2272.
4. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration
Systems, Inc., as nominee for Aegis Wholesale Corporation to The Bank of New York Mellon formerly
known as The Bank of New York as successor Trustee to JPMorgan Chase Bank, National Association as
Trustee for the Certificateholders of Structured Asset Mortgage Investments II Inc. Bear Stearns ALT-A
Trust, Mortgage Pass-Through Certificates Series 2005-10 , by Assignment of Mortgage, to be duly recorded
in the Office of the Recorder of Cumberland County.
5. The premises subject to said mortgage is described in the legal description attached as
Exhibit "A" and is known as Lot # 67 Monroe Acres a/k/a 308 Widders Drive, Mechanicsburg, Pennsylvania
17055.
6. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due February 1, 2010 and each month thereafter are due and unpaid, and by the terms of said
mortgage, upon default in such payments for a period of one month, the entire principal balance and all
interest due thereon are collectible forthwith.
7. The following amounts are due on the mortgage:
Principal Balance $ 177,596.96
Interest through February 7, 2011 $ 13,480.35
(Plus $33.45 per diem thereafter)
Attorney's Fee $ 1,250.00
Late Charges $ 428.60
Escrow Advance $ 2,274.52
GRAND TOTAL $ 195,030.43
8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and
notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter
13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular
mail with a certificate of mailing and by certified mail, return receipt requested.
A copy of the EMC Homeowner's Packet for EMC Customers is attached hereto and labeled as
Exhibit "B".
WHEREFORE, Plaintiffdemands in rem Judgment against the Defendant in the sum of $195,030.43,
together with interest at the rate of $33.45 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged property.
McCABE, WEISBERG AND CONWAY,P.C.
BY.
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
VERIFICATION
The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the
within action, and that he/she is authorized to make this verification and that the foregoing facts based on
the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this
verification at this time, and are true and correct to the best of his/her knowledge, information and belief
and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904
relating to unsworn falsification to authorities.
McCABE, WEISBERG AND CONWAY,P.C.
BY:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JPMorgan Chase Bank,
National Association as Trustee for the Certificateholders of Structured Asset Mortgage Investments II Inc. Bear Stearns ALT-A
Trust, Mortgage Pass-Through Certificates Series 2005-10 v. Geoffrey T. Cragg
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
(continued)
File No. 2010-9004
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Monroe in the
County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows:
BEGINNING at a point on the North side of Widders Drive, a 50 foot wide street; thence along Lot No. 68, North 26 degrees
10 minutes 40 seconds West, 145.92 feet to a point at Lot No. 76; thence along Lot No. 76; thence along Lot No. 76, North
60 degrees 44 minutes 22 seconds East, 103.68 feet to a point at lands now or formerly of Henry M. Thomton; thence along
the last mentioned lands, South 30 degrees 30 seconds 20 minutes East, 151.93 feet to a point on the Northern side of
Widders Drive; thence along the Northern side of Widders Drive, South 63 degrees 49 minutes 20 seconds West, 115 feet to
a point on the Northern side of Widders Drive and Lot No. 68, being the Place of BEGINNING.
BEING Lot No. 67 of Monroe Acres as shown on Section C, in accordance with a survey of Larsen and Brilhart, Inc.,
registered Surveyors, dated March 10, 1971 and recorded in Plan Book 22, Page 98.
HAVING THEREON ERECTED a brick and aluminum two story dwelling numbered 308 Widders Drive.
Being the same property acquired by Geoffrey T. Cragg, by Deed recorded 07/21/2005, of record in Deed Book 269, Page
5106, in the Office of the Recorder of Cumberland County, Pennsylvania.
NSA
Schedule A - Page 2 of 2
File #: 2010-9004 - REO America Abstract Co.
ALTA Commitment (6-17-06) - TIRBOP & STG modifications (4-1-07) ?- 7 e a L
title guaranty company
hNlu
NorfRage Corporation
In order for us to evaluate your request you must complete the enclosed packet and fax or mail it
to EMC with the required documentation. Please keep a copy for your records.
This packet contains the following items that must be completed, in full, in order for your
evaluation request to be completed in a timely manner:
Section 1. Required Documentation for Borrower and Co-Borrower Checklist -
Detailed list of the documents you must send to us in addition to the packet
Section 2. Financial Information Form -
Provides information about your property, loans, income, etc.
Section 3. Home Affordable Modification Program Hardship Affidavit -
Explains the circumstances that have made it difficult for you to stay up-to-date
with your mortgage payments
Section 4.4506T-EZ Request for Transcript of Tax Return Form -
Allows EMC to receive a transcript of your tax return to verify income information
If you need any assistance completing this packet please contact us at 800-723-3004.
Please send the completed packet as well as all required documentation to EMC:
By Regular Mail:
By Overnight Mail:
EMC Fulfillment Center EMC Fulfillment Center
P.O. Box 469030 4500 Cherry Creek Drive South
Glendale, CO 80246 Suite #100
Glendale, CO 80246
By Fax: 866-282-5682
Important Information
EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose.
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be rejected in your credit report.
If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address, and telephone number.
If you are currently a debtor in bankruptcy proceedings and subject to the protections of the automatic stay, or if you have received a final discharge in a bankruptcy,
this notice is for compliance and/or informational purposes only and not an attempt to impose personal liability for the debt in violation of the bankruptcy laws.
However, EMC Mortgage Corporation still has the right under the mortgage to foreclose on the Property.
An Important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and stability Plan"
distributed by the Obama Administration, "Borrowers should beware of arty organhation that attempts to charge a fee for housing counseling or modification of
a delinquent loan, especially If they require a fee In advance." EMC offers loan modification assistance free of charge (i.e., no modification fee required). Please
call us immediately at 800-723-3004 to discuss your options. The longer you delay the fewer options you may have.
8705K EMCCVR-12-18-09
Borrower(s) Name(s):
Loan Number(s):
? Owner Occupied ? Non-Owner Occupied
EMC'
uoriaag. C?rprra a-a
SECTiQhI 1 iequ?DcC ° R}iov?r ar?d Eo borrower
If you are a Wage Earner (you received a W-2 from your employer) please use the following checklist:
? Two (2) most recent Pay Stubs (two for each borrower)
Length of service with Current Employer. Borrower Year(s): Month(s): Co-Borrower Year(s): Month(s):
? Most recent one (1) month's of Complete Bank Statement (must provide all pages)
? Most recent statement(s) supporting assets listed on page 2 of the Financial Information Form (must provide all pages of statements)
? Most recent Tax Return Completed (signed with all pages) or most recent filed and proof of extension (signed with all pages)
? Proof of Income for other household members living in the home (Alimony, Child Support, Pension, etc.)
if you want such income considered for a loan workout
? Proof of any other Income received (Alimony, Rental, Child Support, Pension, etc.)
? Proof of occupancy -a recent utility bill in your name at property address
? Proof of payment of Homeowner's Association Fees (if applicable)
? If loan is Non-Escrowed
A) Copy of the most recent property tax bill(s) with a copy of the canceled check for all applicable taxes (County, City, School, etc.)
B) Copy of the current insurance declaration page for all applicable coverage types (must show premium amount for homeowners,
flood, and wind)
? Non-Owner Occupied (ONLY)
A) Rental Income with copies of Rental Agreement
B) Principal, Interest, Taxes, and Insurance for Primary Residence $
C) Mortgage Holder(s) for Primary Residence
D) Primary Residence Address (input below)
? Completed Financial Information Form (enclosed)
? Completed Hardship Affidavit (enclosed) -completed and signed by all Borrowers (no notary required)
? Completed 4506-T EZ Form - Request for Transcript of Tax Return (enclosed). Be sure to sign and date this form.
If you are Self Employed, please use the following checklist:
? P & L Statement / Audited or reviewed YTD Income Statement (must provide)
? Most recent two (2) years Tax Returns Completed (personal and business, signed with all pages) or 1099s or most recent two (2) years
filed and proof of extension
? Last four (4) months of complete Business and Personal Bank Statements (must provide all pages. If a business account is not used,
provide a written statement stating a business account is not used.)
? Most recent statement(s) supporting assets listed on page 2 of the Financial Information Form (must provide all pages of statements)
? Length of time of Business Ownership: Borrower Year(s): Month(s): Co-Borrower Year(s): Month(s):
? Proof of Income for other household members living in the home (Alimony, Child Support, Pension, etc.)
if you want such income considered for a loan workout
? Proof of any other Income received (Alimony, Rental, Child Support, Pension, etc.)
? Proof of occupancy -a recent utility bill in your name at property address
? Proof of payment of Homeowner's Association Fees (if applicable)
? If loan is Non-Escrowed
A) Copy of the most recent property tax bill(s) with a copy of the canceled check for all applicable taxes (County, City, School, etc.)
B) Copy of the current insurance declaration page for all applicable coverage types (must show premium amount for homeowner's,
flood, and wind)
? Non-Owner Occupied (ONLY)
A) Rental Income with copies of Rental Agreement
B) Principal, Interest, Taxes, and Insurance for Primary Residence $
C) Mortgage Holder(s) for Primary Residence
D) Primary Residence Address (input below)
? Completed Financial Information Form (enclosed)
? Completed Hardship Affidavit (enclosed) -completed and signed by all Borrowers (no notary required)
? Completed 4506-T EZ Form - Request for Transcript of Tax Return (enclosed). Be sure to sign and date this form.
Primary Address:
Comments:
EMCCHKLST 12-18.09
EMC
Loan Number:
SECTION 2: Financial Information Form
Page 1 of 3
E"C0VWW"1"r@MVu19yQ11rhWW loon answer questions as y accurate pass a
This k#b madm will only be used to akin the evaf &"Wim of opdom not foranyother pose.
Borrower Co-Borrower
Name (Include Jr. or Sr. if applicable) Name (Include Jr. or Sr. if applicable)
Social Security Number Soda[ Security Number
Home Phone ( ) Best Time to Cal Home Phone ( ) Best Time to Call:
Work Phone ( ) Best Time to Call: Work Phone ( ) Best Time to Call:
Other Phone ( ) Best Time to gall: Other Phone ( ) Best Time to Call:
E-mail Address E-mail Address
Permission to Contact Via E-mail? ? Yes ? No Permission to Contact Via E-mail? ? Yes ? No
Marital Status Marital Status
? Unmarried ? Married ? Separated ? Divorced ? Unmarried ? Married ? Separated ? Divorced
Property Address (street, city, state & rip code) Mailing Address (If different than Property Address)
Reside at Property? Want to Retain Property? # of People in Household # of Dependents
? Borrower ? Co-Borrower ? Yes ? No
# of Units at Property Property Condition? Is the Property for sale? Listing Amount:
? Good ? Fair ? Poor ? Yes ? No $
Realtor Name Realtor Address Realtor Phone
Loan Account Number Months Past Due Second Loan Account Number Second Loan Months Balance
Past Due
Mortgage Com $
Are you currently working with EMC on a foreclosure Which foreclosure resolution is in process?
prevention resolution? ? Refinance ? Repayment Plan ? Short Sale
? Yes ? No
? Modification ? Deferment ? Deed-in-Lieu
EMC Associate Name EMC Associate Phone Date Process Began
V 'A
IJyouan M an acUUebanb?tcy, wM wglneed to wnk wlrhyarattaroyon a pors?le nsoludon.
Are you in an Active Bankruptcy? Bankruptcy Chapter Type Bankruptcy Case Number Date of Bankruptcy Filing
?Yes ?No
Bankruptcy Associate Name Bankruptcy Attorney Address Bankruptcy Attorney Phone
Ell
Borrower Co-Borrower
Employer 7 mploer
y
Employer Address Address
Employ
yer
Employer Phone How long Self Employed? Employer Phone How long Self Employed?
employed? ?Yes ?No ( ) employed? ?Yes ?No
EMCFIF 12-18-09
EMC'
?r,,.rf„?, rb.pon,ri?..
Borrower Name:
Loan Number:
SECTION 2: Financial Information Form
Page 2 of 3
QRS
Borrower Co-Borrower
Income Source
(Employer Name, Rental etc) Monthly Gross Income Income Source
(EmployerName? Renta4 etc) Monthly Gross Income
Employer. $ Employer $
Employer: $ Employer. $
Employer: $ Employer. $
Employer: $ Employer. $
Rental Income: $ Rental Income: $
Other. $ Other. $
Other: $ Other. $
Total $ Total $
Borrower /
CO-Borrower Additional Income Description
Alimony, childsupporC orseparate maintenance income need not be
revealedtjBorrowerorCo-Borrowerdoesnotchoose tohave itconsidered
for approval of a loan workout.
Monthly Amount
Total $
y
Asset Amount Owed Value Vehicle Model/Year Amount Owed Value
Home $ $ Automobile $ $
Other Real Estate $ $ Automobile $ $
Retirement Funds $ $ Automobile $ $
Investments $ $ Motorcycle $ $
Checking Balance $ $ Boat $ $
Savings Balance $ $ Motor Home $ $
Other: $ $ Airplane $ $
Other. $ $ Other. $ $
Other. $ $ Other: S $
Total $ $ Total $ $
EMCFIF 12-18-09
EMC-
1rurlRn?r ('urr,urnfiun
Borrower Name:
Loan Number:
SECTION 2: Financial Information Form
Page 3 of 3
y, t t e
.. .: ± ryrnV! q .,.t. 5c
Monthly Expense Borrower Co-Borrower
Other Home Loans, Rents & liens $ $
Auto Loan(s) $ $
Auto Insurance & Other Auto Expenses $ $
Credit Cards & Installment Loans $ $
Health Insurance $ $
Medical Expenses $ $
Child Care, Child Support & Alimony $ $
Food $ $
Miscellaneous Spending Money $ $
Utilities $ $
Communications $ $
(Phone Cell Phone, Internet)
Other $ $
TOTAL $ $
lagree that the financial information provided Is true and accurateasof the dateset forth opposite myslgnature and that any intentional or negligent
misrepresentation of the information contained in this document mayresult in civil liability, including monetary damages, to anyperson who may suffer
any loss due to reliance upon the document; and/orin criminal penalties including but not limited to fine or imprisonment or both under the provisions of
Title 18 United States Code, Sec. 1001, etseq. I understand and acknowledge that anyaction taken by the lender is in strict reliance on the financial
information provided. My signature/acceptance belowgrants the holder of mymortgage or its designee the authority to confirm the information that I
have disclosed in this financial statement, to verify it as accurate by ordering a credit report and to contact myrealtorand/or credit counseling service.
By providing a wireless telephone number, you consent to receiving autodialed and pre-recorded message calls from the lender or its third-party debt
collectorat that number.
Irepresentthat
?lam
? I am not
currently occupying the property securing the loan asmypdmary residence and thatI intend to continue occupying the propertyas my primary residence.
Borrower Signature Date
Co-Borrower Signature Date
EMCFIF 12-18-09
SECTION 3: Home Affordable Modification Program Hardship Affidavit
Borrower Name (first, middle, last): _
Co-Borrower Name (first, middle, last):
Property Street Address:
Property City, State and ZIP:
Servicer:
Loan Number:
In order to qualify for 's ("Servicer") offer to enter into an agreement to modify my
loan under the federal government's Home Affordable Modification Program (the "Agreement"), I/we am/are
submitting this form to the Servicer and indicating by my/our checkmarks ("?") the one or more events that
contribute to my/our difficulty making payments on my/our mortgage loan.
Borrower Co-Borrower
Yes No Yes No My income has been reduced or lost. For example: unemployment,
? ? ? ? underemployment, reduced job hours, reduced pay, or a decline in self-employed
business earnings. I have provided details under "Explanation" (page 3).
Yes No Yes No My household financial circumstances have changed. For example: death in family,
? ? ? ? serious or chronic illness, permanent or short-term disability, increased family
responsibilities (adoption or birth of a child, taking care of elderly relatives or
other family members). I have provided details under "Explanation" (page 3).
Yes No Yes No My expenses have increased. For example: monthly mortgage payment has
? ? ? ? increased or will increase, high medical and health-care costs, uninsured losses
(such as those due to fires or natural disasters), unexpectedly high utility bills,
increased real property taxes. I have provided details under "Explanation" (page 3).
Yes No Yes No My cash reserves are insufficient to maintain the payment on my mortgage loan
? ? ? ? and cover basic living expenses at the same time. Cash reserves include assets
such as cash, savings, money market funds, marketable stocks or bonds (excluding
retirement accounts). Cash reserves do not include assets that serve as an
emergency fund (generally equal to three times my monthly debt payments). I
have provided details under "Explanation" (page 3).
Yes No Yes No My monthly debt payments are excessive, and I am overextended with my
? ? ? ? creditors. I may have used credit cards, home equity loans or other credit to make
my monthly mortgage payments. I have provided details under "Explanation"
(page 3).
Yes No Yes No There are other reasons I/we cannot make our mortgage payments. I have
? ? ? ? provided details under "Explanation" (page 3).
Date of Birth:
Date of Birth:
Page 1 of 4 HIFAFF-0909
Borrower Name:
Loan Number:
Information for Government Monitoring Purposes
The following information is requested by the federal government in order to monitor compliance with federal
statutes that prohibit discrimination in housing. You are not required to furnish this information, but are
encouraged to do so. The law provides that a lender or servicer may not discriminate either on the basis of
this information, or on whether you choose to furnish it. If you furnish the information, please provide both
ethnicity and race. For race, you may check more than one designation. If you do not furnish ethnicity, race, or sex,
the lender or servicer is required to note the information on the basis of visual observation or surname if you have
made this request for a loan modification in person. If you do not wish to furnish the information, please check
the box below.
BORROWER CO-BORROWER
? I do not wish to furnish this information ? I do rat wish to furnish this information
Ethnicity: ? Hispanic or Latino Ethnicity: ? Hispanic or Latino
? Not Hispanic or Latino ? Not Hispanic or Latino
Race: ? American Indian or Alaska Native Race: ? American Indian or Alaska Native
? Asian ? Asian
? Black or African American ? Black or African American
? Native Hawaiian or Other Pacific Islander ? Native Hawaiian or Other Pacific Islander
? White ? White
Gender: ? Female Gender: ? Female
? Male ? Male
To be completed by Interviewer
? Face-to-face interview Interviewer's Name and Phone Number Interviewer's Signature
? Mail (print or type)
? Telephone
? Internet
Date
Name and Address of Interviewer's Employer
Borrower/Co-Borrower Acknowledgement
1. Under penalty of perjury, I/we certify that all of the information in this affidavit is truthful and the event(s)
identified above has/have contributed to my/our need to modify the terms of my/our mortgage loan.
2. I/we understand and acknowledge the Servicer may investigate the accuracy of my/our statements, may require
me/us to provide supporting documentation, and that knowingly submitting false information may violate
Federal law.
3. I/we understand the Servicer will pull a current credit report on all borrowers obligated on the Note.
4. I/we understand that if I/we have intentionally defaulted on my/our existing mortgage, engaged in fraud or
misrepresented any fact(s) in connection with this Hardship Affidavit, or if I/we do not provide all of the required
documentation, the Servicer may cancel the Agreement and may pursue foreclosure on my/our home.
5. I/we certify that my/our property is owner-occupied and I/we have not received a condemnation notice.
6. I/we certify that I/we am/are willing to commit to credit counseling if it is determined that my/our financial
hardship is related to excessive debt.
7. I/we certify that I/we am/are willing to provide all requested documents and to respond to all Servicer
communication in a timely manner. I/we understand that time is of the essence.
Page 2 of 4 HIFAFF-0909
Borrower Name:
Loan Number:
8. I/we understand that the Servicer will use this information to evaluate my/our eligibility for a loan modification
or other workout, but the Servicer is not obligated to offer me/us assistance based solely on the representations
in this affidavit.
9. I/we accept and agree to all terms of the Home Affordable Modification Trial Period ("Trial Period") Plan which is
incorporated herein by reference as if set forth in full.
10. I/we agree that when the Servicer accepts and posts a payment during the Trial Period it will be without
prejudice to, and will not be deemed a waiver of, the acceleration of my loan or foreclosure action and related
activities and shall not constitute a cure of my default under my loan unless such payments are sufficient to
completely cure my entire default under my loan.
11. I/we agree that any prior waiver as to payment of escrow Items in connection with my loan has been revoked.
12. I/we agree to the establishment of an escrow account and the payment of escrow items if an escrow account
never existed on my loan.
13. I/we understand that Servicer will collect and record personal information, including, but not limited to, my
name, address, telephone number, social security number, credit score, income, payment history, government
monitoring information, and information about account balances and activity. I understand and consent to the
disclosure of my personal information and the terms of the Trial Period Plan and Modification Agreement by
Servicer to (a) the U.S. Department of the Treasury, (b) Fannie Mae and Freddie Mac in connection with their
responsibilities under the Homeowner Affordability and Stability Plan; (c) any investor, insurer, guarantor or
servicer that owns, insures, guarantees or services my first lien or subordinate lien (if applicable) mortgage
loan(s); (d) companies that perform support services for the Home Affordable Modification Program and the
Second Lien Modification Program; and (e) any HUD certified housing counselor.
Borrower Signature Date Co-Borrower Signature Date
E-mail Address: E-mail Address:
Social Security Number: -
Phone Numbers:
Home:
Social Security Number,
Phone Numbers:
Cell:
Home:
Work:
Work:
Page 3 of 4 HIFAFF-0909
Borrower Name:
Loan Number:
Explanation (continued):
Page 4 of 4 HIFAFF-0909
V
Form 4506T-EZ Short Form Request for Individual Tax Return Transcript
(October 2009) OMB No. 1545-2154
Department of the Treasury ? Request may not be processed if the form Is incomplete or illegible.
Internal Revenue Service
Tip: Use Fonn 4506T-EZ to order a 1040 series tax return transcript free of charge.
1a Name shown on tax return. If a joint return, enter the name shown first. 1b First social security number on tax return
2a If a joint retum, enter spouse's name shown on tax return. 2b Second social security number If joint tax return
3 Current name, address (Including apt., room, or suite no.), city, state, and ZIP code
4 Previous address shown on the last return filed if different from line 3
5 If the transcript is to be mailed to a third party (such as a mortgage company), enter the third party's name, address, and telephone number. The
IRS has no control over what the thins party does with the tax information.
Third party name Telephone number
EMC Fulfillment Center 800-723-3004
Address (including apt., room, or suite no.), city, state, and ZIP code
Regular Mail: PO Box 469030, Glendale, CO 80246 Overnight Mail: 4500 Cherry Creek Drive, Sutte# 100, Glendale, CO 80246
6 Year(s) requested. Enter the year(s) of the return transcript you are requesting (for example, "2008'J. Most requests will be processed within
10 business days.
2008
Caution. If the transcript is being mailed to a third party, ensure that you have filled in line 6 before signing. Sign and date the form once you have
filled in line 6. Completing these steps helps to protect your privacy.
Note. If the IRS is unable to locate a return that matches the taxpayer Identity Information provided above, or if IRS records indicate that the return has
not been filed, the IRS may notify you or the third party that it was unable to locate a return, or that a return was not filed, whichever is applicable.
Signature of taxpayer(s). I declare that I am either the taxpayer whose name is shown on line 1 a or 2a. If the request applies to a joint return, either
husband or wife must sign.
Note. This form must be received within 60 days of signature date
Telephone number of
taxpayer on line 1 a or 2a
'
Sign Signature (see instructions) Date
Here '
Spouse's signature Date
For Privacy Act and Paperwork Reduction Act Notice, see page 2. Cat. No. 54185S Form 4506T-EZ (10-2009)
, Form 4506T-EZ(10-2009) Page 2
Purpose of form. Individuals can use Form
4506T-EZ to request a tax return transcript
that includes most lines of the original tax
return. The tax return transcript will not
show payments, penalty assessments, or
adjustments made to the originally filed
return. You can also designate a third party
(such as a mortgage company) to receive a
transcript on line 5. Form 4506T-EZ cannot
be used by taxpayers who file Form 1040
based on a fiscal tax year (that is, a tax
year beginning in one calendar year and
ending in the following year). Taxpayers
using a fiscal tax year must file Form
4506-T, Request for Transcript of Tax
Return, to request a return transcript.
Use Form 4506-T to request the following.
• A transcript of a business return
(including estate and trust returns).
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information on the financial status of the
account, such as payments made on the
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adjustments made by you or the IRS after
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• A record of account, which is a
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later adjustments to the account.
• A verification of nonfiling, which is proof
from the IRS that you did not file a return
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• A Form W-2, Form 1099 series, Form
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Form 4506-T can also be used for
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Automated transcript request. You can
call 1-800-829-1040 to order a tax return
transcript through the automated self-help
system. You cannot have a transcript sent
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Where to file. Mail or fax Form 4506T-EZ
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in when that return was filed.
If you are requesting more than one
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send your request to the team based on
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West Virginia
Signature and date. Form 4506T-EZ must
be signed and dated by the taxpayer listed
on line 1a or 2a. If you completed line 5
requesting the information be sent to a
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4506T-EZ within 60 days of the date signed
by the taxpayer or it will be rejected.
Transcripts of jointly filed tax returns
may be furnished to either spouse. Only
one signature is required. Sign Form
4506T-EZ exactly as your name appeared
on the original return. If you changed your
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Privacy Act and Paperwork Reduction
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under the Internal Revenue Code. We
need this information to properly identify
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unless the form displays a valid OMB
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The time needed to complete and file
Form 4506T-EZ will vary depending on
individual circumstances. The estimated
average time is: Learning about the law
or the form, 9 min.; Preparing the form,
18 min.; and Copying, assembling, and
sending the form to the IRS, 20 min.
If you have comments concerning the
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you. You can write to the Internal Revenue
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Washington, DC 20224. Do not send the
form to this address. Instead, see Where to
file on this page.
McCABE, WEISBERG & CONWAY, P.C.
TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
KEVIN McQUAIL, ESQUIRE-ID # 307169
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
The Bank of New York Mellon formerly
known as The Bank of New York as successor
Trustee to JPMorgan Chase Bank, National
Association as Trustee for the
Cerdficateholders of Structured Asset
Mortgage Investments II Inc. Bear Stearns
ALT-A Trust, Mortgage Pass-Through
Certificates Series 2005-10
Plaintiff
V.
Geoffrey T. Cragg
Defendant
IED-OFFICE
c; r- T t ar PRO THOSO jhprney for Plaintiff
2911 iL1L 11 10: 1
CjIF??h?SYLVA OllNT?,
NIA
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
!t-11!9
N - it
AFFIDAVIT OF SERVICE
OF
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 6th day of July,
2011, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent
lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto.
A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part
hereof.
SWORN AND SUBSCRIBED
BEFORE ME THIS J}h DAY
OF jt 3W 2011
_Ij
NOTAR PUBLIC
CGMMQN??c.Aq CF PENNSYLVANIA
twi ` .TRIAL SEAL
?V n uu' ?'.:?I Notary Public
I Njcgan C. Pv
O ry of Philadelphia, Philadelphia County
,?,y CCMh!ISSION EXPIRES JAN, 06, 2014
McCABE, M
Attorneys for
By:
Y, P.C.
TERRENC. McCABE, ESQUIRE - ID # 16496
MARC S. EISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
KEVIN McQUAIL, ESQUIRE-ID # 307169
McCABE, WEISBERG & CONWAY, P.C.
TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
KEVIN McQUAIL, ESQUIRE-ID # 307169
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
The Bank of New York Mellon formerly known as The
Bank of New York as successor Trustee to JPMorgan
Chase Bank, National Association as Trustee for the
Certificateholders of Structured Asset Mortgage
Investments II Inc. Bear Stearns ALT-A Trust,
Mortgage Pass-Through Certificates Series 2005-10
Plaintiff
V.
Geoffrey T. Cragg
Defendant
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO: 11-1791 Civil
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
The undersigned attorney for Plaintiff in the above action sets forth the following information concerning
the real property located at Lot # 67 Monroe Acres a/k/a 308 Widders Drive, Mechanicsburg, Pennsylvania 17055,
as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached
hereto.
Name and address of Owner or Reputed Owner
Name Address
Geoffrey T. Cragg 8220 East Green Hollow Court
Parker, Colorado 80134
2. Name and address of Defendant in the judgment:
Name Address
Geoffrey T. Cragg 8220 East Green Hollow Court
Parker, Colorado 80134
Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Address
Plaintiff herein
Name and address of the last recorded holder of every mortgage of record:
Name
Address
Mortgage Elecrtonic Registration 3010 Briarpark Drive
Systems, Inc., as nominee for AEGIS Suite 700
Wholesale Corporation Houston, Texas 77042
Mortgage Elecrtonic Registration P.O. Box 2026
Systems, Inc., as nominee for AEGIS Flint, Michigan 48501
Wholesale Corporation
Name and address of every other person who has any record lien on the property:
Name
Dillsburg Area Authority
Address
98 Widders Drive
Dillsburg, Pennsylvania 17019
6. Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name
Address
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:
Name Address
Tenants/Occupants Lot # 67 Monroe Acres a/k/a 308 Widders Drive
Mechanicsburg, Pennsylvania 17055
Commonwealth of Pennsylvania Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg, PA 17105
ATTN: Dan Richard
Commonwealth of Pennsylvania 110 North 8t' Street
Inheritance Tax Office Suite #204
Philadelphia, PA 19107
Commonwealth of Pennsylvania 6th Floor, Strawberry Square
Bureau of Individual Tax Department #280601
Inheritance Tax Division Harrisburg, PA 17128
Department of Public Welfare Willow Oak Building
TPL Casualty Unit Estate P.O. Box 8486
Recovery Program Harrisburg, PA 17105-8486
PA Department of Revenue Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania Clearance Support Department 281230
Department of Revenue Bureau of Harrisburg, PA 17128-1230
Compliance ATTN: Sheriff's Sales
United States of America Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
Domestic Relations P.O. Box 320
Cumberland County Carlisle, PA 17013
United States of America c/o United States Attorney for the
Middle District of PA
William J. Nealon Federal Bldg.
235 North Washington Avenue, Ste. 311
Scranton, PA 18503
and
Harrisburg Federal Building & Courthouse
228 Walnut Street, Ste. 220
Harrisburg, PA 17108-1754
United States of America c/o U.S. Dept of Justice, Room 5111
Atty General of the United States 950 Pennsylvania Avenue NW
Washington, DC 20530-0001
United States of America c/o U.S. Dept of Justice, Room 4400
Atty General of the United States 950 Pennsylvania Avenue NW
Washington, DC 20530-0001
8. Name and address of Attorney of record:
Name Address
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.
McCABE, W CONWAY, P.C.
July 6, 2011 Attorneys fo I * iff
DATE
By:
TERRE E J. M AB SQUIRI
MARC . WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
KEVIN McQUAIL, ESQUIRE
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
The Bank of New York Mellon formerly known as The
Bank of New York as successor Trustee to JPMorgan
Chase Bank, National Association as Trustee for the
Certificateholders of Structured Asset Mortgage
Investments II Inc. Bear Stearns ALT-A Trust,
Mortgage Pass-Through Certificates Series 2005-10
Plaintiff
V.
Geoffrey T. Cragg
Defendant
DATE: July 6, 2011
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 11-1791 Civil
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Geoffrey T. Cragg
PROPERTY: Lot # 67 Monroe Acres a/k/a 308 Widders Drive, Mechanicsburg, Pennsylvania 17055
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 7, 2011 at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse
Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on,
and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to
protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days
after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten
(10) days after the filing of the schedule.
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McCABE, WEISBERG AND CONWAY, P.C.
-,*BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID # 74770
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
The Bank of New York Mellon formerly known as The
Bank of New York as successor Trustee to JPMorgan
Chase Bank, National Association as Trustee for the
Certificateholders of Structured Asset Mortgage
Investments II Inc. Bear Stearns ALT-A Trust,
Mortgage Pass-Through Certificates Series 2005-10
Plaintiff
V.
Geoffrey T. Cragg
Defendant
Attorneys for Plaintiff
?.. .;I1O'd?JTi.i,
?.011 fl U3 I S A 111- L6
!CUMBERLAND COUNT'1'
COURT OF COMMON PLEAS PENNSYLVANIA
CUMBERLAND COUNTY
[I-nq
it
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF PHILADELPHIA
I, undersigned, Esquire, attorney for Plaintiff in the within matter, being duly sworn
according to law, deposes and says that a true and correct copy of the Notice of Sheriff's Sale was
served upon Geoffrey T. Cragg, by regular mail, certificate of mailing, and certified mail, return
receipt requested, dated July 27`h, 2011 and addressed 8220 East Green Hollow Court, Parker,
Colorado 80134. The regular mail was never returned, and the certified mail was delivered on July
30`h, 2011 and signed for by an Defendant, Geoffrey T. Cragg. A true and correct copy, certificate
of mailing, certified receipt number 7010-3090-0001-8825-5330, and signed green cards are attached
hereto, made part hereof, and marked as Exhibit "A".
SWORN TO AND SUBSCRIBED
BEFORE ME THIS //1AY
OF , 2011.
NOTARY PUBLIC `-?
COMMONWEALTH. OF PENNSYLVANIA
NOTARIAL SEAL
Barbara J. Moyer- Notary Public
City of Philadelphia, Philadelphia County
MY COMMISSION EXPIRES JAN. 12, 2014
McCABE SBERG AND CONWAY, P.C.
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET CAIRO, ESQUIRE
ANDREW L. MARKOWITZ, ESQUIRE
HEIDI R. SPIVAK, ESQUIRE
EXHIBIT A
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