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HomeMy WebLinkAbout05-6023GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D.#16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 W W W.COLDBECKLAW.COM ATTORNEY FOR PLAINTIFF MORTGAGE INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 STEVEN G. DELP VS. NICOLLE L. DELP Mortgagors and Real Owners 107 Kim Acres Drive Mechanicsburg, PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. QS t? a3 l Defendants f('I.OslipF NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: ST USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER D1NERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERC CON INFORMACION DE COMO CONSEUIR UN ABOGADO. 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 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 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: 717-243- 9400 or . 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). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). 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 Beth 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 EMC-1027. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., 1270 Northland Drive, Ste. 200, Mendota Heights, MN 55120. 2. The names and addresses of the Defendants are STEVEN G. DELP, 107 Kim Acres Drive, Mechanicsburg, PA 17055 and NICOLLE L. DELP, 107 Kim Acres Drive, Mechanicsburg, PA 17055, who are the mortgagors and real owners of the mortgaged premises hereinafter described. On July 26, 2002 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to WILMINGTON FINANCE INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1773, Page 0205. The mortgage has been assigned to: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. by assignment of Mortgage, which assignment is lodged for recording. 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 April 01, 2005 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 03/01/2005 through 11/30/2005 at 8.9900% Per Diem interest rate at $27.17 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 04/01/2005 to 11/30/2005 Monthly late charge amount at $45.22 Costs of suit and Title Search Escrow NSF Charges Fees Recoverable Balance $110,317.57 $7,471.75 $5,515.88 $361.75 $900.00 $6,710.25 $20.00 $19.90 $514.85 $131,831.95 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 Sheriffs 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 person am" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $131,831.95, together with interest at the rate of $27.17, 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. By. C I /IL Q / /tom , GOLDBEC Mq AFFERTY &&?M-cKEEVER BY: JOSEPH IA. G DBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, as the representative of 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- Z I -- EythibitA 07/31/2002 14:24 7179397339 ADVANCED ABSTRACT PAGE 05 INCLUDED IN AND FORMING FART OF A.S[CUIIITy TITLE GUARANTEE CORFOR _IN OFBALTIMORE COMMITMENT NOA83647 FILE r 111 SCHEDULE C ALL THAT C7IrrAIN IW of ground sitnnte in the Township of Ul,per Alictt, Cnw,tyof Cu:nlmrland and State of Pcnneylvania, bounded ant: dercnbcd a4 follows, to wit! BEGINNING at a point In the oowhenl Mit of x public road known as Kim Arres Drive (SO fete widol, which point is In the divisinn line between Lots l0 and 11 on the hereinafter mentioned Plan of LOIS; thenco slung the division line borwcen Lots 10 and 11, South 1 I degrees 30 minutes bast, a dMOU)rr of 145 feet in a point in the divislon line bctween Lots 11 MCI 19 w, vuJd Plan; thence along the division Gnu between Lots I t and 19, and Lots 11 and 18, North 7a degrccs 30 toinutcs IIeaf, a distance of 90 feet to a point In the division line between Lots 11 and 14; thence along the same, Nor•h I I degrees JD minutes West, a distance of 146 feet to a point in the southern line III* Kim Arms Drive. aforementioned; thence along the. southern line of itim Acres Drive, Saudi 78 degrees 30 minutes West, a distance of 90 feet to a point in the division line hctwern Lots 10 and 11, aPolenxnimned, at the Peace of BEOTNNINO. IDMING Lot No. I t in a certain Plan of Lots known as Mt. Allen Hrighte (foirterty itnown as Spring Run Acres), whteh said Plan is recorded in the Curyberiand County Reeordcr's Office in Plan Book 15, rage 14. HAVING TIiERRON ERECTED u brick, stnnc and aluminurd 81ding dwclliug house Witt) integral garage known and numbered as 107 Kim Arres Delve, McchanterSuty Knneytvania. BEING THE SAME PREMISES WHICH, Roy M, Hawkins and Frances Hawkins, fka Frances Prico, his wife, by their deed dated November 6, 1998 and recorded November 9, 1998 the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 188, Page 935, granted and conveyed unto Steven G. Delp and Nicolle L. Delp, hiswife. F.r?Fiidit (B ACT 91 NOTICE DATE OF NOTICE: October 115 2005 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 30 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 programa 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: October 11, 2005 Homeowners Name: STEVEN G. DELP and NICOLLE L. DELP Property Address: 107 Kim Acres Drive, Mechanicsburg, PA 17055 Loan Account No.: 0003051687 Original Lender: WILMINGTON FINANCE INC. Current Lender/Serviccr: EMC FIDELITY NATIONAL FORECLOSURE SOLUTIONS 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. 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 (30) 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.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have tiled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 107 Kim Acres Drive, 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 04/01/2005 thru 10/11/2005 (7 mos. at $904.39/month) $6,330.73 (b) Late charges from 04/01/2005 thru 10/11/2005 $230.37 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $6,561.10 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 $ 6,561.10 , 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: EMC MORTGAGE CORP. LOSS MITIGATION DEPARTMENT 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 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 tender 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 pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (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 paving 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: EMC MORTGAGE CORP. Address: 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Phone Number: 888-577-4011x3202 Contact: Loss Mitigation Department 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 TIMES 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: Loss Mitigation Department Phone Number: 888-577-4011 x3202 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 t ?V. ?JLJ ? T r- SHERIFF'S RETURN - REGULAR. t CASE NO: 2005-06023 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DELP STEVEN G KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DELP STEVEN G the DEFENDANT at 1929:00 HOURS, on the 29th day of November , 2005 at 107 KIM ACRES DRIVE MECHANICSBURG, PA 17055 by handing to NICOLE DELP, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 .00 39.52 Sworn and Subscribed to before mep this 6 & day of kJj 02. UUb? A.D. Pro o a So Answers: R. Thomas Kline 11/30/2005 GOLDBECK MCCAFFERTY MCKEEVER By: D , ty S er' f SHERIFF'S RETURN - REGULAR CASE NO: 2005-06023 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DELP STEVEN G ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DELP NICOLLE L the DEFENDANT at 1929:00 HOURS, on the 29th day of November , 2005 at 107 KIM ACRES DRIVE MECHANICSBURG, PA 17055 by handing to NICOLE DELP a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before K me this 1. day of n mac, oi+? A. D. Pro tary/ So Answers R. Thomas Kline 11/30/2005 GOLDBECK MCCAFFERTY MCKEEVER By: /epry, S r i f GOLDBF,CK McCAFFF'R'IY & McKF LVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1327 Attorney for Plaintiff MORTGAGI. ELF(. I RONIC Ri WN I RAI [ON SY", I II?L' I%( . 1270 No1IIIIOlld Uri 00 Mcndotn Ilci_LLS_ AIA ,0 Plaintiff vs. tV "Ii ( Ot'Itf 01 ('01'1AU )N )III AS A (mhcrl:.o,d ( nm,,ty CIVIL ACTION LAW STEVEN G. DELP NICOLLE L. DELP (Mortgagor(s) and Record owner(s)) 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 05-60'3 ORDER FOR JUDGMENT Please enter Judgment in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., and against STEVEN G. DELP and NICOLLE L. DELP for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $132,900.51. Joseph A_ Idbeck,Jr. Attorn°fo Plaintiff I hereby certify that the above names are correct and that the precise residence address of thejudgment creditor is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota I !eights, MN 55120 and that the name(s) and last known address(es) of the Defendant(s) is(are STEVEN G. DELP, 107 Kim Acres Drive Mechanicsburg, PA 17055 and NICOLLE L. DELP, 107 Kim Acres Drive Mechanicsburg, PA 17055, CK McCAFFERTY & McKEEVER ph A. Goldbeck, Jr. for Plaintiff ASSFSSJIEN F OF DADI a(',FS TO THE PROI I IONO I ARY: Kindly assess the damages in this case to be as follows: Principal Balance $110,31257 Inicrc<t hom 03301.2005 thnxi"h SSAT),S7 ill n; 2006 Reasonable .lttonreys Poe 55.5 t5.; S Late Charges $452.19 Costs of Suit and Title Search 4900.00 F'mm S6.710 10,25 NSF Charges 520.00 Fees $19.90 Recoverable Balance $514.85 $132,900.51 GOLDBF('VAIc7'KFFI'.E2TY & McKFFVER BY Joscp Goldbeck, Jr. AND NOW, this 424, 'day of JAA-) . , 2006 damages are assessed as above. l Pro Pr ry RIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for th., Plaintiff corporatton ithii na?rie,! do hereb_i -erify that S a:n auhori7,F- ? Lhn it ?i Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, STEVEN G. DELP, is about unknown years of age, that Defendant's last known residence is 107 Kim Acres Drive, Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service f th, prat. ci c't aces or its Al li;, or ;t " r isr w the n ! he provisions of the Soldiers' and Sailors' Civil Relief Ac(-ion of Congress of 1940 and its Amendments_ Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do 1 ear `=rift' that I am authorized i.Cl on ki -t ?_ ^-)r t L i_? r}? -or: a.) .?.I ?cL !" tt i oC Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, NICOLLE L. DELP, is about unknown years of age, that Defendant's last known residence is 107 Kim Acres Drive, Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the MiLitary or Naval Service of r.-, Snit=d S?Ites or its fl, or ?ihnrw ,'thin -h _, provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: In the Court of Common Pleas of Cumberland County MORTGAGL ELEC' MONIC REGIS IRATION SYSTEMS INC. t270 Northland Drive. Ste. 200 btendota Hcights, MN 55120 Plaintiff vs. STEVEN G.DFI.P NICOLIL 1- DELP (Mortga-lot (s) and Record Orcner(s)) 10 Kim Acres Dries e (\Icch:u:ic.bw PA I-(15> Delcndaut(?l I'R,kE( HIL EOR.1tl>GVIt:N"r No. OS-6023 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against STEVEN G. DELP and NICOLLE L. DELP by default for want of an Answer. - Assess damages as Iblltm, Dcbt Interest - 03/01/2005 to 01'05/2006 Total (ASSCSSment of Dama?_C? anaChe(l) S 13'_.90(1.51 1 CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE: COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. 1 certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the tiling of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Ios . Goldbeck, )r. At y for Plaintiff 1. 6132 AND NOW % a(Xj(o , Judgment is entered in favor of MORTGAGE ELECTR NIC REGISTRATION SYSTEMS INC. and against S TEVEN G. DELP and NICOLLE L, DELP by default for want of an Answer and damages assessed in the sum ol'5132,900.SI?s ppcrrttythhee a'bo?c ce ideation. PTOth Diary- - - Rule of Civil Procedure No. 236 - Revised IN THE C'OUR"I OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ,YIOR TG AGE I I t{( IRONIC RFGIST R A I ION SYSTFMS INC. t?70 Noir Nand Drnr, 1_00 Nlanluta IIciJit,, NIN X21_'0 Pl,tiniill No. 02-6U' 1 s. STEVEN G. DEEP NICOLLE L. DELP (Mortgagors and Record Owner(s)) 107 Khn Acres Drive Mechanicsburg, PA 17055 Defendant(s) 'I HIS LAW FIR-11 Is A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT ONN EDTO OUR CI.IFNT. kNY INFORNIAT ION' OBTAINED FRO>t YOU %N ILL BE CSED FOR TIIE Pt RPOSE OF COLLECTING TIIE DEB 1'. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotarv R?. If you have any questions concerning the above, please coutacP. Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 EMC-1027 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: December 20, 2005 TO: STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. STEVEN G. DELP NICOLLE L. DELP (Mortgagor(s) and Record Owner(s)) 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s) TO: STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 05-6023 IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK MCCAFFERTY & WKEEVER BY Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 EMC-1027 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: December 20, 2005 TO: NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. STEVEN G. DELP NICOLLE L. DELP (Mortgagor(s) and Record Owner(s)) 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s) TO: NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 05-6023 IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Wine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 ? ? ??? ?:?., 0 ?' ??' ? ` PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.CP 3150-3183 Joseph A. Goldbeck, Jr. Attorney LD.N 16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 ?15-6-17-13''' Auomcv for Plain dl, tit( -RlGV,I I .I.[( IRONK RIULSIRA Ik)N SYS I I MS (11C 12-0 Norlil i d Urine, Sic. '_UO IN I I IL C )t it I UI- l()N I'I I Mcndom Heillus, MN 55120 Plaintiff of Cumberland County Vs. CIVIL ACTION - LAW STEVCN G. DELP NICOLLEL.DELP ACTION OF MORTGAGF FORECLOSURE Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17055 No. 05-6023 Delendamts) PRAECIPE FOR WRIT OF EXECUTION 10 -f HE PROTHONO VARY: Issue Writ of Execution in the above matter: Amount Duc $132.900.51 Interest from 030112005 to 01 05,2006 at 8.9900'%) (Costs to be added) GOLDBEC MCCAFFERTY & MCKEEVEIt 13Y: Jose . Goldbeck, Jr. Attorney 1'(4 r" it- n N t; w ? V? -Z vi ? p ?, ec c cep sv t J r r r: a H 0 ? r?? U dV v -- r".? z C 7 -L G u s] W y U F- r. 5 N ? W W 0 4 v PW?Q? W C °n L ? .v k] d 7C ? kl ?' O w U d u R? J CJ a. vI ?O 4 G V 4 v %? v 'J U .N U y ? ? J r rl v ? ry ? u ? !? N U N y 1 r o G n - r. ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT APPOINT IN THE SOUTHERN LINE OF A PUBLIC ROAD KNOWN AS KIM ACRES DRIVE (50 FEET WIDEO WHICH POINT IS IN THE DIVISION LINE BETWEEN LOTS 10 AN D 11 ON THE HEREINAFTER MENTIONED PLAN OF LOTS THENCE ALONG THE DIVISION LINE BETWEEN LOTS 10 AND I 1 SOUTH 11 DEGREES 30 MINUTES EAST, A DISTANCE OF 145 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 11 AND 19 ON SAID PLACE THENCE LONG THE DIVISION LINE BETWEEN LOTS 11 AND 19 AND LOTS 11 AND 18 NORTH 78 DEGREES 30 MINUTES EAST, DISTANCE OF 90 FEET TOA POINT IN THE DIVISION LINE BETWEEN LOTS 1 I AND 12 THENCE ALONG THE SAME NORTH 11 DEGREES 30 MINUTES WEST A DISTANCE OF 145 FEET TO A POINT IN THE SOUTH LINE OF KIM ACRES DRIVE AFOREMENTIONED THENCE ALONG THE SOUTHERN LINE OF KIM ACRES DRIVE SOUTH 78 DEGREES 30 MINUTES WEST A DISTANCE OF 90 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 10 AND 11 AFOREMENTIONED DAT THE PLACE OF BEGINNING. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-6023 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff (s) From STEVEN G. DELP AND NICOLLE L. DELP (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 $132,900.51 Interest FROM 3/1/05 TO 1/5/06 AT 8.9900% Any's Comm % Atty Paid $137.52 Plaintiff Paid Date: JANUARY 12, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs Pr thonotary By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 I Uuldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney (.D. #16132 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff NIOR"R;AGI: LITC`IRONIC RL(ASI RATION S7 SI IAIS INC. 127i) Nntlil:.erl I)rice. Ste 2111 Mcndotu Ilcitdhts. MN 55120 Plaintilf vs. IN I IIF LOUR"I' OF COMMON PIT AS of Cuurbrrl?nt?k C??unty CIVIL ACTION - LAW STEVEN G. DELP NICOLLE L. DELP (Mortgagor(s) and Record Owner(s)) ACTION OF MORTGAGE FORECLOSURE 107 Kim Acres Drive Mcchanicsburk. PA 17055 Defendant(s) No. 05-6023 AFFIDAVIT PURSUANT TO RULE 3129 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck. Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 107 Kim Acres Drive Mechanicsbure_ PA 17055 LName and address of Owner(s) or Reputed Owncr(s): STEVEN G.DITP 107 Kim Acres Drive Mcchanicsbure. PA 17055 NICOLLE L.DF.LP 107 Kim Acres Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in thejudgment SJYVEN G. DELP 107 Kim Acres Drive Mechanicsburg. PA 17055 NICOLLI` L. DEIP 107 Kim Acres Din e Mechanicsburg, PA 17055 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 llerrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: ?. N.!Toe and address of c%arv cahor perm,, echo has anv recoil tunic<t in or record lien on the propcnv and chose ineerest m t t-,; At, ""i lu the <,Ie: 0. Naine and address of eccry other pcnon of %\ hour the plaintiff ha, knowledge %cho has any record interest in the property which may be affected by the sate. 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,000UPANTS 107 Kim Acres Drive N,lechaniesburg. PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: January 5 2006 GOLIHtI ? 7( \I I rant &' McKEf V I`R BY lose . Goldbeek, Jr., 1 ul. Attorn fo Plaintiff ?....o ;? 'n -- t _ f - n_ _ c.,? ?? Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-13" AJlomcv fix Plaintiff MORI(? (,:LI1('li:ONICRFGISIRA IION SYSI f 'IN INC. I27o No.ihlund uriva Sic. _u0 Mendota I leights, MN 55120 Plaintiff vs. STEVEN G. DEEP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 1705; Dcicndant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY NO. 05-6023 1, Joseph A. Goldbeck, Jr.. Fsquire hrreby certify that I am the attornev of record for the Plaintitf in This action, and I lurther certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. IN 'f HE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW AC"[ ION OF MORTGAGE FORECLOSURE Joseph . Goldbeck, Jr. Atto e for plaintiff ?? ' = :? , . : .? . -,- T ?,, _: ? J r^+ ]ry U7 .... .1., 05-0023 R " GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.D.416132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Aaomcv liv Planuilh MOR"16 -\GF IfLECLRONIC RIfGIS I RA "I ION S1 `S I11IMS INC. 1'70 Northland Dricc, Stc. 200 Mcndola I Iciahts MN 5513(1 Plaintiff vs. STEVEN G. DELP NIC'OLLF L. DELP Mortgagor(s) and Record Owner(s) 107 Kiwi Acres Dri%'e Mechanicsburg, PA 17055 V1 CW111Mi,.ndCouat%' CIVIL. ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Teri No. 05-6023 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 I ILAI'PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY T0: DELP. S"rEVEN G_ STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 Your house at 107 Kim Acres Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 07, 2006, at 10:00 AM, in Commissioners hearing Rm 2nd PL Courthouse to enforce the court judgment of $132,900.51 obtained by MORTGAGE LLFCIRONIC REGIS I RATION SYSILMS INC. 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: W "I 111? (Ut,K C OF (0%1?.ION PLLAS L The sale will be cancelled if you pay to MORTGAGE [LECIRONIC RFGISTRATION SYSTEMS INC_ the back payments, late charges, costs and reasonable attorney's lees due. 10 find out how much you must pay call: 215-627-1322 Y? 05-6021 ?. 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. You may need an atorney to assert your rim*hts. The sooner you contact one. the more chance you will hate of stopping the gale. (See notice below on how to obtain an attorney). 11 011 A1.-AY S I ILI_BP VB1 E'IO S ANT: YOER PROPEL IN' :AA_ D YOU I1A\ F 011IVR RR;1VI's f: A'EN Ill i IH x111%101 h": SALE UOLS 1,0"1' IAKH PL,,( I°.. i. Elie tih?iilfs Sale is not stoppid, your propene Dill Le "'Id to il.c hi_hest I'Id_Icr. You 11 Mid 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 ncrcr bappcned. 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 Tyrone) arc 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 II[IS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TI IT OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HFLP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUN IY BAR .ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 <. u, .? ' -,, ? -? _ r,; .. . ?? {;,) `U I 05-6023 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.I416132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia. PA 19106 "_1tS-627-1322 Attonmv for Plaintiff MOR IGAGF FLEC"IRONICREGIS 1 RA"FION Sl S 1lD,IS INC. t?70 ,N,rthkwd i)rlyc, Stc.200 Uatriow I Ici-hts, NIN 55120 Plaintiff vs. STEVEN G. DELP NICOLLE L. DELI' Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17055 Term No. 05-6023 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 DEIST. ANY INFORMATION OBTAINED FROM YOU WILL BE LSLD FOR THAT I'URPOSF.. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DU P, NJ( 011E I_ NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 Your house at 107 Kim Acres Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 07, 2006, at 10:00 AM, in Commissioners Hearing Rut 2nd FL Courthouse to enforce the coup ,judgment of S'132,900.51 obtained by MORTGAGE ELECT RONIC REGISTRATION SYSI EMS INC. against you. NOTICE: OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE "I o prevent this Sheriff's Sale you must take immediate action: IN II IF COt1R I Cri C(1111Itri I'Li AS of Cutnhcrlanul Counl? CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE I. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGIS I RATION SYSTEMS INC, the back payments, late charges, costs and reasonable attomcy's fees due. To find out how much you must pay call: 215-627-1322 05-6023 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. 1 You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert yom rights. I he sooner you contact one, the more chance you kill ha%e of stopping the sale. (See notice below on how to obtain an attorney). Y017 MAY S'l ILI, BE ABLE TO SAN E. YOLK PROPERTY AND l"OE IIAN F 01111 It RIGIIIS L: EN IF I I I I I SIIERII F'S SAILI DOFS NO I' TAKE PLACE. 1 _ 11 the SlrcritPs Salc is not stopped. your property o ill be "'Id Ill the lh rlre,,t bidd,I l 0H 1,,1\ I lid 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 Sherill_ you will remain the owner of the property as it 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 wra)ng) are tiled 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 TELFPHONF. THE OFFICE LISTED BELOW TO FIND OU'I- WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIA PION 2 Liberty Avenue Carlisle, PA 17013 ,.?, ?: - ?_: - °' ?-_ -???., _ n :? c, GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.# 16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 EMC-1027 CF: 11/22/2005 SD: 06/07/2006 $132,900.51 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 VS. STEVEN G.DELP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17055 Plaintiff Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 05-6023 Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by:??? W Personal Service by the Sheriffs Office ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. es ctfu su d, BY Jost h A. Go eck, Jr. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE .n In m m m 0 ti 0 0 0 0 Q' m 0 Lr) co 0 M1 0 I5 y? U n.TA t0 a+'4 .a AFJ. o Q?? ob a0 LL d U I J N 0 E 0 O c m? I o o° Np N d' i O'3 1 ua_ °c p 4Q? ,. o .c 0 ?'spolNiC' ° o `d t v O i 4 t Q ?? W d A m ? W z?EE U co, ?2 CL u W ? U a c O 4 F ? ro l d Z a M1 iLU u u ?'L 7y6 N 4 C, V a? m Q v ?? y yy p, N O ?p Wm- o5 @c U F-p? cn U10 p d co ,,3T , ?00 0 V P dmS ' OU I a a+ Y ? z 1 W i' 4 N ? I c,W anaG_ri?? C6 m d 0 N a u a Q, C c 1 idC' O F' 9 c m a i -- W o? o J u W N Z r K N p? j] w N LL Q ? ; a~o N Z ? I IZn ? U ? I love a W v I J I 06 r- W ?ti GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. STEVEN G.DELP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE Term No. 05-6023 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 107 Kim Acres Drive Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN G.DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: STEVEN G.DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTSIOCCUPANTS 107 Kim Acres Drive Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: May 11, 2006 G DB CK McCAFFERTY & McKEEVER B , Jos h A. Goldbeck, Jr., Esq. Attorney for Plaintiff r t ? M Mortgage Electronic Registration Systems, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Steven G. Delp and Nicolle L. Delp Writ No. 2005-6023 Civil Term Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on March 10, 2006 at 8:20 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Steven G. Delp, by making known unto Steven G. Delp, personally, at 107 Kim Acres Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on March 10, 2006 at 8:20 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Nicolle L. Delp, by making known unto Steven G. Delp, husband, at 107 Kim Acres Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 05, 2006 at 10:54 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Steven G. Delp and Nicolle L. Delp located at 107 Kim Acres Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Steven G. Delp and Nicolle L. Delp by regular mail to their last known address of 107 Kim Acres Dr., Mechanicsburg, PA 17050. These letters were mailed under the date of April 03, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff who being duly sworn according to law, states this writ is returned stayed per instructions from attorney Joseph Goldbeck. Sheriffs costs: Docketing 30.00 Poundage 13.34 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 17.60 Certified mail 3.10 Levy 15.00 Surcharge 30.00 Law Journal 263.00 Patriot News 257.00 Share of Bills 19.57 Total: 680.11 ?/ ?,,,, ?Ja/b 6 /So Answers: R. Thomas Kline, S eriff s 6 Real Estate ergeant Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTE\IS INC. 1270 Northland Drive, St,--. 200 Mendota Heights, MN 55120 Plaintiff vs. STEVEN G. DELP NICOLLE L. DELP (Mortgagor(s) and Record Owner(s)) 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 05-6023 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 107 Kim Acres Drive Nlechamcsbura, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OP COMMON PLEAS Of CumbCdllu l County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 ,4 4 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may b?2 affected by the sale: 6. Name and address of every other person of whom the plaintitf 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 107 Kim Acres Drive Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: January 5, 2006 GOLDBE AFFERTY & McKEEVER BY: Jose . Goldbeck, Jr., Esq. Attornfo Plaintiff 05-6023 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. STEVEN G. DELP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendants; of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Tenn No. 05-6023 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: DELP, NICOLLE L. NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 Your house at 107 Kim Acres Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 07, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $132,900.51 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 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: IN THE COURT OF COMMON PLEAS 1. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 05-6023 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. 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 TIKE 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 05-6023 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW VS. STEVEN G. DELP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Defendant(s Tenn No. 05-6023 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: DELP, STEVEN G. STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 Your house at 107 Kim Acres Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 07, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $132,900.51 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 05-6023 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. 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 ATAY ST(I..l, BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. i . If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are tiled 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 107 Kim Acres Drive Mechanicsburg, PA 17055 SOLD as the property of STEVEN G. DELP and NICOLLE L. DELP TAX PARCEL #42.28.2421.16 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-6023 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff (s) From STEVEN G. DELP AND NICOLLE L. DELP (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 $132,900.51 Interest FROM 3/1/05 TO 1/5/06 AT 8.9900% Atty's Comm % Atty Paid $137.52 Plaintiff Paid Date: JANUARY 12, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs Prothonotary , By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 08 On February 03, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 107 Kim Acres Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 03, 2006 By: Real Estate Sergeant L i 4b d 81 NVr 9001 dd 'X1bnO JH 4.18JOW N A3183HS 3H1 J0 331330 f ' ,f 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he 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 he 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 SALE#8 WAL Wfi M0. 46 1MYit Wt,. ?1w111M1 11 =VW laic Remo n stw~ I Delp rid lolls L ACL 71iAT t?J'/?II+1 bt of gtbued the Toweslti9 of Uppm Aft' Comte; CS bqW and Stole d, Eaflnded aed deeded a6?fa?anvs . .. Bl e ? poia? is tbe>awaem-bee of e PW& toad kwwa a Kho Am= Dfm (50 Sect wide which poet is in ft divisive ba bdween IW 10 ad 11 on doeb=ka-ffmmdaeedplad i* &maee Aws the d "v ibiw betweta ]a to and 11 somh 11 degas 30 mimm east, a di>a m of 145 fats apoint is the &Wdoe fame betwa m loft 11 and 19 da and *a *eacddW the division bne betwwen W 11 ad 19 ad lots 11 and 18 mth 78 degas 30 minim east, distance of 90 fact to a Peet is 6e 3ivia O'be betwew lob 11 and 12 *me along fie save =6 It depa 30uk"wmad immof 145 fiber m apomt in the swA bee dfKimAc=Dove afaemeaN ned thew Affig toe roathem bw d Kim Acm Drive soa i 79 depm 30 meow west a dasrs i of 90 feet to s paW i&dpdiAdm lme betwm Im 10 am 11 d&w mtiaeed at the place ofHBGIlVIVHQC. ............................ .. . ...... ?thiss . .. Sworn to and subs ib efo me th day of Ma 20, ec Al Public Terry L. Russell, Notary ity of Harrisburg, Dauphin County ., IuteB. 2006 Q, NOTARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 7, 14, 21, 2006 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. Lisa WORN-TO AND SUBSCRIBED before me this 21 day of April, 2006 NGTARtAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires. %farch 5, 2009 REAL ESTATE SALE NO. 8 Writ No. 2005-6023 Civil Mortgage Electronic Registration Systems, Inc. VS. Steven G. Delp and Nicolle L. Delp Atty.: Joseph Goldbeck ALL THAT CERTAIN lot of ground situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows to wit: BEGINNING at a point in the southern line of a public road known as Kim Acres Drive (50 feet wide) which point is in the division line between Lots 10 and 11 on the hereinafter mentioned plan of lots thence along the division line be- tween Lots 10 and 11 South 11 degrees 30 minutes East, a distance of 145 feet to a point in the division line between Lots 11 and 19 on said place thence long the division line between Lots 11 and 19 and Lots it and 18 North 78 degrees 30 minutes East, distance of 90 feet to a point in the division line between Lots 11 and 12 thence along the same North 11 degrees 30 minutes West a distance of 145 feet to a point in the south line of Kim Acres Drive aforementioned thence along the southern line of Kim Acres Drive South 78 degrees 30 minutes West a distance of 90 feet to a point in the division line between Lots 10 and 11 aforementioned at the place of beginning. * r t R M PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW STEVEN G. DELP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 05-6023 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 01/06/2006 to Date of Sale at 8.9900% (Costs to be added) $132,900.51 LD CK McCAFFERTY & McKEEVER eph A. Goldbeck, Jr. 5hiev for Plaintiff tn tn Q o ? N jW4 71 v H Cw.7 ?a aA a W A ? ?; an w -? ?O a o 0 'P P.A ?U N r=,s c, N O'M U ? ?a?" ??NQN 0 ? 0 ? P? W o 4 Q ?.9 _ C3 -^? _ 8 v ? a (b - , C Z p P ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT APPOINT IN THE SOUTHERN LINE OF A PUBLIC ROAD KNOWN AS KIM ACRES DRIVE (50 FEET WIDEO WHICH POINT IS IN THE DIVISION LINE BETWEEN LOTS 10 AN D 11 ON THE HEREINAFTER MENTIONED PLAN OF LOTS THENCE ALONG THE DIVISION LINE BETWEEN LOTS 10 AND 11 SOUTH 11 DEGREES 30 MINUTES EAST, A DISTANCE OF 145 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 11 AND 19 ON SAID PLACE THENCE LONG THE DIVISION LINE BETWEEN LOTS 11 AND 19 AND LOTS 11 AND 18 NORTH 78 DEGREES 30 MINUTES EAST, DISTANCE OF 90 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 11 AND 12 THENCE ALONG THE SAME NORTH 1 I DEGREES 30 MINUTES WEST A DISTANCE OF 145 FEET TO A POINT IN THE SOUTH LINE AFOREMENTIONED THENCE ALONG THE SOUTHERN LINE OF KIM OF KIM ACRES DRIVE ACRES DRIVE SOUTH 78 DEGREES 30 MINUTES WEST A DISTANCE OF 90 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 10 AND 11 AFOREMENTIONED AT THE PLACE OF BEGINNING. BEING LOT NO. 11 IN A CERTAIN PLAN OF LOTS KNOWN AS MT. ALLEN HEIGHTS (FORMERLY KNOWN AS SPRING RUN ACRES), WHICH SAID PLAN IS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 15, PAGE 14. HAVING THEREON ERECTED A BRICK, STONE AND ALUMINUM SIDING DWELLING HOUSE WITH INTEGRAL GARAGE KNOWN AND NUMBERED AS 107 KIM ACRES DRIVE, MECHANICSBURG, PENNSYLVANIA. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 107 Kim Acres Drive Mechanicsburg, PA 17055 SOLD as the property of STEVEN G. DELP and NICOLLE L. DELP TAX PARCEL #42:28.2421.165 Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County STEVEN G. DELP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17055 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) NO. 05-6023 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. v ? j1 c) Co ` rn .. =j. e? -.rte ^2 05-6023 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. STEVEN G. DELP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s Term No. 05-6023 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: DELP, STEVEN G. STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 Your house at 107 Kim Acres Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $132,900.51 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 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: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311 and 05-6023 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. 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. I. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 05-6023 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: 717-243-9400 or. 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). Call the Plaintiff (your lender) at 877-362-6631 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.com. Call Judy 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 EMC-1027. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 4 05-6023 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. STEVEN G. DELP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s Term No. 05-6023 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: DELP, NICOLLE L. NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 Your house at 107 Kim Acres Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $132,900.51 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 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: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 05-6023 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. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 05-6023 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: 717-243-9400 or. 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). Call the Plaintiff (your lender) at 877-362-6631 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(-,,g-oldbecklaw.com. Call Judy 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 EMC-1027. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Steven G Delp Nicolle L Delp Chapter 13 Debtor(s) Case No.: 1:06-bk-01089-MDF ORDER DISMISSING CASE Upon consideration of the Trustee's Motion to Dismiss Case for material default and after notice of hearing set for September 12, 2007, Debtors failed to appear, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the Conrt, 71 gmpiUdge, W Dated: September 18, 2007` This document is electronically signed and filed on the same date. MDPA-DISMISS2MPT REV W05 U$BC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 1 of 6 E-Filed, CREDS, FMDue, 34111eld, P1nCnfrmd, DISMISSED U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:06-bk-01089-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 06/03/2006 Date Terminated: 09/18/2007 Date Dismissed: 09/18/2007 Debtor Steven G Delp 107 Kim Acres Drive Mechanicsburg, PA 17055 SSN: xxx-xx-2021 Joint Debtor Nicolle L Delp 107 Kim Acres Drive Mechanicsburg, PA 17055 SSN: xxx-xx-6301 Trustee Charles J. DeHart, III (Trustee) 8125 Adams Drive, Suite A Hummelstown, PA 17036 717 566-6097 Asst. U.S. Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717 221-4515 represented by James H Turner Turner and O'Connell 4415 North Front Street Harrisburg, PA 17110 717 232-4551 Fax : 717 232-2115 Email: pat@turnerandoconnell.com represented by James H Turner (See above for address) Filing Date # Docket Text 06/03/2006 1 Chapter 13 Voluntary Petition. Filing fee due in the amount of $ 274.00 Filed by James H Turner of Turner and O'Connell on behalf of Steven G Delp, Nicolle L Delp. (Turner, James) (Entered: 06/03/2006) 06/03/2006 2 Chapter 13 Plan Filed by James H Turner of Turner and O'Connell on behalf of Nicolle L Delp, Steven G Delp (RE: related document(s)1 ). https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?531033882615691-L 889 0-1 9/27/2007 U$BC PAM - LIVE • VERSION 3.1.41, - Docket Report Page 2 of 6 (Turner, James) Additional attachment(s) added on 6/6/2006 (NP). (Entered: 06/03/2006) 06/03/2006 3 Matrix filed/Creditor List Uploaded. (There is no image or paper document associated with this entry.) Filed by James H Turner of Turner and O'Connell on behalf of Nicolle L Delp, Steven G Delp (RE: related document(s)1 ). (Turner, James) (Entered: 06/03/2006) 06/03/2006 Receipt of Voluntary Petition (Chapter 13)(1:06-bk-01089) [misc,volp 13 a] ( 274.00) filing fee. Receipt number 1691164, amount $ 274.00. (U.S. Treasury) (Entered: 06/03/2006) -06/03/2006 4 Tax Documents for the Year for 2004 2005 (Document is restricted and can only be viewed by Court staff.) Filed by James H Turner of Turner and O'Connell on behalf of Nicolle L Delp, Steven G Delp. (Turner, James) (Entered: 06/03/2006) 06/03/2006 5 Employee Income Records (Payment Advices) Filed by James H Turner of Turner and O'Connell on behalf of Nicolle L Delp, Steven G Delp. (Turner, James) (Entered: 06/03/2006) 06/03/2006 6 Certificate of Credit Counseling Filed by James H Turner of Turner and O'Connell on behalf of Nicolle L Delp, Steven G Delp (RE: related document(s)j-). (Turner, James) (Entered: 06/03/2006) 06/03/2006 7 Motion for Wage Attachment Order Filed by James H Turner of Turner and O'Connell on behalf of Nicolle L Delp, Steven G Delp. (Turner, James) (Entered: 06/03/2006) 06/03/2006 FeeDueBK flag removed. (CashReg) (Entered: 06/05/2006) 06/05/2006 8 Notice to Filing Party (J. Turner): **Incorrect document attached. Please docket a Corrective Entry (missing/incorrect/incomplete attachment) and upload the correct document (RE: image of plan indicates "amended') **. (There is no image or paper document associated with this entry.) (RE: related document(s)2 ). (BR) (Entered: 06/05/2006) 06/05/2006 9 Order Granting Motion for Wage Attachment to pay Trustee (RE: related document(s)? ). (BR) (Entered: 06/05/2006) 06/05/2006 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 7/13/2006 at 09:00 AM. (BR) (Entered: 06/05/2006) 06/05/2006 10 Corrective Entry: previous attachment omitted/incorrect/incomplete Filed by James H Turner of Turner and O'Connell on behalf of Nicolle L Delp, Steven G Delp (RE: related document(s)2 ). (Turner, https://ecfpamb.uscourts.gov/cgi-bin/DktRpt.pl?531033882615691-L 889 0-1 9/27/2007 USBC PAM -.LIVE - VERSION 3.1.41, - Docket Report Page 3 of 6 James) (Entered: 06/05/2006) 06/13/2006 11 Request to BNC - Meeting of Creditors. 341(a) meeting to be held on 7/13/2006 at 10:00 AM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. Proofs of Claims due by 10/11/2006. Last day to oppose dischargeability is 9/11/2006. (CK) (Entered: 06/13/2006) 06/15/2006 12 BNC Certificate of Mailing of 341 Meeting Notice (Chapter 13) (RE: related document(s) l 1 ). Service Date 06/15/2006. (Admin.) (Entered: 06/16/2006) 06/15/2006 13 BNC Certificate of Chapter 12/13 Plan (RE: related document(s)11 ). Service Date 06/15/2006. (Admin.) (Entered: 06/16/2006) 06/22/2006 14 Objection to Confirmation of Plan Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Mortgage Electronic Registration Registration Systems Inc. (RE: related document(s)2 ). (Attachments: # 1 Proposed Order # 2 Exhibit A. Ch. 13 Plan# 3 Exhibit B. POC# 4 Certificate of Service)(Puida, Leslie) (Entered: 06/22/2006) 07/17/2006 15 Certification that 341 Meeting of Creditors Held (Ch. 13) on 07/13/06. Notice sent to all creditors setting confirmation hearing. Last day to Object to Plan Confirmation 8/13/2006. Confirmation hearing to be held on 8/16/2006 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (dehart, III0d), Charles) (Entered: 07/17/2006) 07/17/2006 16 Pre-Confirmation Certification of Compliance with Post Petition Obligations in accordance with 11 U.S.C. Section 1129(a)(14), 1225 (a)(7), and 1325(a)(8) and (A)(9). Filed by James H Turner of Turner and O'Connell on behalf of Nicolle L Delp, Steven G Delp. (Turner, James) (Entered: 07/17/2006) 07/20/2006 17 BNC Certificate of Mailing of Notice setting Confirmation Hearing (RE: related document(s)15 ). Service Date 07/20/2006. (Admin.) (Entered: 07/21/2006) 07/24/2006 18 Objection to Confirmation of Plan Filed by Trustee (RE: related document(s)2 ). (dehart, I1I(db), Charles) (Entered: 07/24/2006) 08/16/2006 19 Proceeding Memo confirmation hearing called. Amended Plan to be filed within thirty (30) days. Objection is sustained. Record made. Appearances: Charles J. DeHart, III, Trustee. Non-Appearances:. (There is no image or paper document associated with this entry.) (RE: related document(s)Z). (JG) (Entered: 08/17/2006) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?531033882615691-L 889 0-1 9/27/2007 U513C PAM - LIVE - VERSION 3.1.4L - Docket Report Page 4 of 6 08/21/2006 20 Order that Debtor file an Amended Plan: (RE: related document(s) [19] ). Amended Plan due by 9/20/2006. (BR) (Entered: 08/21/2006) 08/25/2006 21 Amended Chapter 13 Plan Filed by James H Turner of Turner and O'Connell on behalf of Nicolle L Delp, Steven G Delp (RE: related document(s)20 ). (Turner, James) (Entered: 08/25/2006) 08/25/2006 22 Amended Motion for Wage Attachment Order Filed by James H Turner of Turner and O'Connell on behalf of Steven G Delp. (Turner, James) (Entered: 08/25/2006) 08/28/2006 23 Request to BNC - Notice of Confirmation Hearing and Amended Plan (RE: related document(s)15, 21 ). Confirmation hearing to be held on 10/4/2006 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. Last day to Object to Plan Confirmation 9/24/2006. (BR) (Entered: 08/28/2006) 08/28/2006 24 Order Granting Amended Motion for Wage Attachment Order (RE: related document(s)22 ). (BR) (Entered: 08/28/2006) 08/30/2006 25 BNC Certificate of Service of Chapter 12/13 Plan (RE: related document(s)23 ). Service Date 08/30/2006. (Admin.) (Entered: 08/31/2006) 08/30/2006 26 BNC Certificate of Mailing of Notice setting Confirmation Hearing (RE: related document(s)23 ). Service Date 08/30/2006. (Admin.) (Entered: 08/31/2006) 09/06/2006 27 Entry of Appearance Filed by EMC Mortgage. (Brice Vander Linden and Wernick PC, ) (Entered: 09/06/2006) 10/04/2006 28 Proceeding Memo confirmation hearing held. Plan is eligible for confirmation per Trustee. Proposed Order to be submitted. Record made. Appearances: Charles J. DeHart, Trustee. Non-Appearances:. (There is no image or paper document associated with this entry.) (RE: related document(s)21 ). (DG) (Entered: 10/04/2006) 10/06/2006 29 Order Confirming Amended Chapter 13 Plan (RE: related document (s)21, 23 ). (CK) (Entered: 10/06/2006) 10/16/2006 30 Withdrawal of Objection to Confirmation Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Mortgage Electronic Registration Registration Systems Inc. (RE: related document(s)14 ). (Puida, Leslie) (Entered: 10/16/2006) 12/18/2006 31 Transfer (Assignment) of Claim and waiver of opportunity to object. https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?531033882615691-L 889 0-1 9/27/2007 U5BC PAM -.LIVE . VERSION 3.1.4L - Docket Report Page 5 of 6 Transfer Agreement 3001 (e) 2 Transferor: AES/PHEAA (Claim No. 4) To ECMC Filed by ECMC (BR) (Entered: 12/18/2006) 01/17/2007 32 Motion to Dismiss Case for material default and hearing notice to parties. Filed by Trustee. Hearing scheduled for 2/21/2007 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (dehart, III(ds), Charles) (Entered: 01/17/2007) 02/23/2007 33 Stipulation by debtor and Ch. 13 trustee cure arrears within 90 days Filed by Trustee (RE: related document(s)32 ). (Attachments: # 1 Proposed Order)(dehart, III(ds), Charles) (Entered: 02/23/2007) 02/26/2007 34 'Order approving Stipulation (RE: related document(s)33 ). (BR) (Entered: 02/26/2007) 07/10/2007 35 Motion to Dismiss Case for material default and hearing notice to parties for failure to file tax returns. Filed by Trustee. Hearing scheduled for 9/12/2007 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (dehart, III(dr), Charles) (Entered: 07/10/2007) 07/10/2007 36 Duplicate Entry Motion to Dismiss Case for material default and hearing notice to parties . Filed by Trustee. Hearing scheduled for 9/12/2007 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (dehart, III(dr), Charles) Modified on 7/12/2007 (CK). (Entered: 07/10/2007) 07/11/2007 37 Corrective Entry duplicate entry of #3;. (There is no image or paper document associated with this entry.) Filed by Trustee (RE: related document(s)36 ). (dehart, III(dr), Charles) (Entered: 07/11/2007) 09/14/2007 38 Motion for Relief from Stay. Filing fee due in the amount of $ 150.00 Filed by Ann E. Swartz of Goldbeck McCafferty and McKeever on behalf of Mortgage Electronic Registration Registration Systems Inc.. (Attachments: # 1 Proposed Order # 2 MFR Breakdown# 3 Certificate of Concurrence) (Swartz, Ann) (Entered: 09/14/2007) 09/14/2007 Receipt of Motion for Relief From Stay(1:06-bk-01089-MDF) [motion,mrlfsty] ( 150.00) filing fee. Receipt number 2440410, amount $ 150.00. (U.S. Treasury) (Entered: 09/14/2007) 09/14/2007 FeeDueRFS flag removed. (CashReg) (Entered: 09/17/2007) 09/17/2007 39 Order setting answer and hearing on Motion for Relief from Stay https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?531033882615691-L 889 0-1 9/27/2007 USBC PAM - LIVE a VERSION 3.1.41, - Docket Report Page 6 of 6 a (RE: related document(s)38 ). Answers are due on: 10/2/2007. Hearing scheduled for 10/2/2007 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (BR) (Entered: 09/17/2007) 09/17/2007 40 Correspondence from Trustee rehearing. No appearance for debtor. Case to be dismissed Filed by Trustee. (dehart, III(dr), Charles) (Entered: 09/17/2007) 09/18/2007 41 Order Dismissing Case. (RE: related document(s)40 ). (BR) (Entered: 09/18/2007) 09/20/2007 42 BNC Certificate of Mailing. (RE: related document(s)41 ). Service Date 09/20/2007. (Admin.) (Entered: 09/21/2007) PACER Service Center Transaction Receipt 09/27/2007 09:16:37 PACER ? Client Login: a00b0 Code: illab le 0.24 B Pages: IEE?A 1:06-bk-01089-MDF Fil or Ent: Docket Search filed Doc From: 0 Doc To: Description: Report Criteria: 99999999 Term: included Format: HTML https://ecfpamb.uscourts.gov/cgi-bin/DktRpt.pl?531033882615691-L 889 0-1 9/27/2007 .. Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. STEVEN'G. DELP NICOLLE L. DELP (Mortgagor(s) and Record Owner(s)) 107 Kim Acres Drive ?Mechanicsburg, PA 17055 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 05-6023 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 107 Kim Acres Drive Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 107 Kim Acres Drive Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject t e penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. A DATED: September 27, 2007 K McCAFFERTY & McKEEVER A. Goldbeck, Jr., Esq. Plaintiff !?? C) C -'t -77 _ y { y 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-6023 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff (s) From STEVEN G. DELP & NICOLLE L. DELP (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 $132,900.51 L.L. Interest from 1/06/06 to Date of Sale at 8.9900% Atty's Comm % Due Prothy $2.00 Atty Paid $839.13 Other Costs Plaintiff Paid Date: 9/28/07 (Seal) REQUESTING PARTY: Name JOSEPH A GOLDBECK, JR., ESQUIRE C is R. Long, Prothon ry By: Depu Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. STEVEN G. DELP NICOLLE L. DELP (Mortgagor(s) and Record Owner(s)) 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 05-6023 PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PLAINTIFF UNDER Pa.R.C.P. 2352 TO THE PROTHONOTARY: Kindly file of record the Praecipe of LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2 for Voluntary Substitution under Pa.R.C.P. 2352 and attached Statement of Material Facts in Support of Voluntary Substitution, Verification, Certification of Service and Entry of Appearance. The address for the Plaintiff is 1270 Northland Drive, Suite 200, Mendota Heights, MN 55120. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW STEVEN G. DELP NICOLLE L. DELP (Mortgagor(s) and Record Owner(s)) 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 05-6023 STATEMENT OF MATERIAL FACTS IN SUPPORT OF VOLUNTARY SUBSITTUTION UNDER Pa.RC.P. 2352 LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2, by counsel, hereby voluntarily substitutes itself as Plaintiff in the above-captioned matter and in support thereof represents as follows: caption. The above-captioned action is one in mortgage foreclosure regarding the premises as noted in the 2. The subject of the above-captioned action is a first mortgage on said premises recorded at Mortgage Book 1773, Page 0205 in the Office of the Recorder of Deeds for this County. The original Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.. 4. LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2 is the successor in interest to the Plaintiff by Assignment lodged for recording in the Office of the Department of Records and is hereby voluntarily substituted as Plaintiff in the above-captioned matter. w ? GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. STEVEN G. DELP NICOLLE L. DELP (Mortgagor(s) and Record Owner(s)) 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s) CERTIFICATE OF SERVICE CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-6023 Joseph A. Goldbeck, Jr., Esquire, hereby certifies that he did serve true and correct copies of Praecipe for Voluntary Substitution and all supporting papers attached hereto upon Defendant, by first class mail, postage pre- paid, on October 9, 2007. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY GOLDBECK WCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF vs. STEVEN G. DELP NICOLLE L. DELP (Mortgagor(s) and Record Owner(s)) 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS OF CumberlandCOUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-6023 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2, Plaintiff by voluntary substitution. Z seph d ec , Jr., Esq. z' Fri -0 F 7X 3 ??' ? .gym c-n Mortgage Electronic Registration Systems Inc. VS Steven G. Delp and Nicolle L. Delp In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-6023 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Joseph Goldbeck. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Prothonotary Mileage Levy Surcharge Law Journal Share of bills So Answers: R. Thomas Kline, Sheriff B G zh Real Estate ergeant 30.00 10.02 15.00 15.00 2.00 23.04 15.00 30.00 355.00 16.17 $ 511.23 *?9A7,9 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney T.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW STEVEN'G. DELP NICOLLE L. DELP (Mortgagor(s) and Record Owner(s)) 107 Kim Acres Drive Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 05-6023 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 107 Kim Acres Drive Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 107 Kim Acres Drive Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject t e penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. If DATED: September 27, 2007 K McCAFFERTY & McKEEVER A. Goldbeck, Jr., Esq. Plaintiff 05-6023 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. STEVEN G. DELP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17055 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendants; Term No. 05-6023 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: DELP, STEVEN G. STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 Your house at 107 Kim Acres Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $132,900.51 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 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: IN THE COURT OF COMMON PLEAS 1. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 05-6023 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. 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 I . 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 05-6023 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: 717-243-9400 or. 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). Call the Plaintiff (your lender) at 877-362-6631 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(ajzoldbecklaw.com. Call Judy 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 EMC-1027. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. 05-6023 GOLDBECK MCCAMRTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County STEVEN G. DELP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17055. Defendant(s; Term No. 05-6023 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: DELP, NICOLLE L. NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 Your house at 107 Kim Acres Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $132,900.51 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 05-6023 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. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 . 05-6023 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: 717-243-9400 or. 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). Call the Plaintiff (your lender) at 877-362-6631 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). 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 homeretentiongpoldbecklaw.com. Call Judy 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 EMC-1027. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT APPOINT IN THE SOUTHERN LINE OF A PUBLIC ROAD KNOWN AS KIM ACRES DRIVE (50 FEET WIDEO WHICH POINT IS IN THE DIVISION LINE BETWEEN LOTS 10 AN D 11 ON THE HEREINAFTER MENTIONED PLAN OF LOTS THENCE ALONG THE DIVISION LINE BETWEEN LOTS 10 AND 11 SOUTH 11 DEGREES 30 MINUTES EAST, A DISTANCE OF 145 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 11 AND 19 ON SAID PLACE THENCE LONG THE DIVISION LINE BETWEEN LOTS 11 AND 19 AND LOTS 11 AND 18 NORTH 78 DEGREES 30 MINUTES EAST, DISTANCE OF 90 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 11 AND 12 THENCE ALONG THE SAME NORTH 11 DEGREES 30 MINUTES WEST A DISTANCE OF 145 FEET TO A POINT IN THE SOUTH LINE OF KIM ACRES DRIVE AFOREMENTIONED THENCE ALONG THE SOUTHERN LINE OF KIM ACRES DRIVE SOUTH 78 DEGREES 30 MINUTES WEST A DISTANCE OF 90 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 10 AND 11 AFOREMENTIONED AT THE PLACE OF BEGINNING. BEING LOT NO. 11 IN A CERTAIN PLAN OF LOTS KNOWN AS MT. ALLEN HEIGHTS (FORMERLY KNOWN AS SPRING RUN ACRES), WHICH SAID PLAN IS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 15, PAGE 14. HAVING THEREON ERECTED A BRICK, STONE AND ALUMINUM SIDING DWELLING HOUSE WITH INTEGRAL GARAGE KNOWN AND NUMBERED AS 107 KIM ACRES DRIVE, MECHANICSBURG, PENNSYLVANIA. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 107 Kim Acres Drive Mechanicsburg, PA 17055 SOLD as the property of STEVEN G. DELP and NICOLLE L. DELP TAX PARCEL #42:28.2421.165 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6023 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff (s) From STEVEN G. DELP & NICOLLE L. DELP (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 $132,900.51 L.L. Interest from 1/06/06 to Date of Sale at 8.9900% Atty's Comm % Due Prothy $2.00 Atty Paid $839.13 Other Costs Plaintiff Paid Date: 9/28/07 dlAllf;)e. CLlf is R. Long, Prothon ry (Seal) By: f-. $& qL Deputy , REQUESTING PARTY: Name JOSEPH A GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 24 On October 31, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 107 Kim Acres Drive, v Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 31, 2007 By:J Real Estate ergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, 2008 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. Marie Covne SWORN TO AND SUBSCRIBED before me this C15 day of January, 2008 Notary vorARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RZAL WTA'TN &A" NO. 24 Writ No. 2005-6023 Civil Mortgage Electronic Registration Systems Inc. vs. Steven G. Delp and Nicolle L. Delp Atty.: Joseph Goldeck DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows to wit: BEGINNING at a point in the southern line of a public road known as Kim Acres Drive (50 feet wide which point is in the division line be- tween Lots 10 and D 11 on the here- inafter mentioned plan of lots thence along the division line between Lots 10 and 11 South 11 degrees 30 min- utes East, a distance of 145 feet to a point in the division line between Lots 11 and 19 on said place thence long the division line between Lots 11 and 19 and Lots 11 and 18 North 78 degrees 30 minutes East, distance of 90 feet to a point in the division line between Lots 11 and 12 thence along the same North 11 degrees 30 minutes West a distance of 145 feet to a point in the South line of Kim Acres Drive aforementioned thence along the southern line of Kim Acres Drive South 78 degrees 30 minutes West a distance of 90 feet to a point in the division line between Lots 10 and 11 aforementioned at the place of beginning. BEING Lot No. 11 in a certain plan of lots known as Mt. Allen Heights (formerly known as Spring Run Acres), which said plan is recorded in the Cumberland County Recorder's Office in Plan Book 15, Page 14. HAVING THEREON ERECTED a brick, stone and aluminum siding dwelling house with integral garage known and numbered as 107 Kim Acres Drive, Mechanicsburg, Penn- sylvania. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 107 Kim Acres Drive, Mechanicsburg, PA 17055. SOLD as the property of STEVEN G. DELP and NICOLLE L. DELP. TAX PARCEL #42.28.2421.165. i PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. STEVEN G. DELP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 05-6023 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 01/06/2006 to Date of Sale per diem at $27.17 $132,900.51 (Costs to be added) UT LEI GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff .y `teC-4 U ai' v°N W N ? -2 • ? •d ? a7 O W m ??' p ?' •G1 ? d r- N Z V u p *? pG V y O ^ U p O O 4+ w ty d'? y4 1 «S Z U ', C'7 a EO d d p A O W O:"? O O O ty Z „? ? CQ can rib ? vz O Z o? o U a v v tr \? ? Y M ? w ,? v t !\ V © Cl 14 J'• ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT APPOINT IN THE SOUTHERN LINE OF A PUBLIC ROAD KNOWN AS KIM ACRES DRIVE (50 FEET WIDEO WHICH POINT IS IN THE DIVISION LINE BETWEEN LOTS 10 AN DI I ON THE HEREINAFTER MENTIONED PLAN OF LOTS THENCE ALONG THE DIVISION LINE BETWEEN LOTS 10 AND 11 SOUTH 11 DEGREES 30 MINUTES EAST, A DISTANCE OF 145 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 11 AND 19 ON SAID PLACE THENCE LONG THE DIVISION LINE BETWEEN LOTS I 1 AND 19 AND LOTS I 1 AND 18 NORTH 78 DEGREES 30 MINUTES EAST, DISTANCE OF 90 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 11 AND 12 THENCE ALONG THE SAME NORTH 11 DEGREES 30 MINUTES WEST A DISTANCE OF 145 FEET TO A POINT IN THE SOUTH LINE OF KIM ACRES DRIVE AFOREMENTIONED THENCE ALONG THE SOUTHERN LINE OF KIM ACRES DRIVE SOUTH 78 DEGREES 30 MINUTES WEST A DISTANCE OF 90 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 10 AND 11 AFOREMENTIONED AT THE PLACE OF BEGINNING. BEING LOT NO. I I IN A CERTAIN PLAN OF LOTS KNOWN AS MT. ALLEN HEIGHTS (FORMERLY KNOWN AS SPRING RUN ACRES), WHICH SAID PLAN IS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 15, PAGE 14. HAVING THEREON ERECTED A BRICK, STONE AND ALUMINUM SIDING DWELLING HOUSE WITH INTEGRAL GARAGE KNOWN AND NUMBERED AS 107 KIM ACRES DRIVE, MECHANICSBURG, PENNSYLVANIA. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 107 Kim Acres Drive Mechanicsburg, PA 17055 SOLD as the property of STEVEN G. DELP and NICOLLE L. DELP TAX PARCEL #42.28.2421.165 Ai Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 vs. STEVEN G. DELP NICOLLE L. DELP (Mortgagor(s) and Record Owner(s)) 107 Kim Acres Drive Mechanicsburg, PA 17055 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 05-6023 LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 107 Kim Acres Drive Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: 1 .* DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 107 Kim Acres Drive Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 17, 2009 GOLDBECK McCAFFERTI•Y l& McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff tj % ,-q ?4 t ?? 05-6023 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. STEVEN G. DELP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17055 LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-6023 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DELP, STEVEN G. STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 Your house at 107 Kim Acres Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $132,900.51 obtained by LaSalle Bank National Association, as Trustee for certificateholders of Bear Steams Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2 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: 05-6023 1. The sale will be cancelled if you pay to LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: httn://www.nhiladeli)hiafed.oriz/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 05-6023 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: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http: //www.phfa. orp-/consumers/homeowners/real . aspx. 5). ,Call.the Plaintiff (your lender) at 877-362-6631 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department,is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of EMC-1027. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. ? g k'-j ??? ? ?aBF 05-6023 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. STEVEN G. DELP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s' , Term No. 05-6023 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: DELP, NICOLLE L. NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 Your house at 107 Kim Acres Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $132,900.51 obtained by LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: r 05-6023 1. The sale will be cancelled if you pay to LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. / 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 01 - 05-6023 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: 717-243-9400 or. 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 htlp://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 877-362-6631 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(i-DVoldbecklaw.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 EMC-1027. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT APPOINT IN THE SOUTHERN LINE OF A PUBLIC ROAD KNOWN AS KIM ACRES DRIVE (50 FEET WIDEO WHICH POINT IS IN THE DIVISION LINE BETWEEN LOTS 10 AN DI I ON THE HEREINAFTER MENTIONED PLAN OF LOTS THENCE ALONG THE DIVISION LINE BETWEEN LOTS 10 AND 11 SOUTH 11 DEGREES 30 MINUTES EAST, A DISTANCE OF 145 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 11 AND 19 ON SAID PLACE THENCE LONG THE DIVISION LINE BETWEEN LOTS 11 AND 19 AND LOTS 11 AND 18 NORTH 78 DEGREES 30 MINUTES EAST, DISTANCE OF 90 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 11 AND 12 THENCE ALONG THE SAME NORTH 11 DEGREES 30 MINUTES WEST A DISTANCE OF 145 FEET TO A POINT IN THE SOUTH LINE OF KIM ACRES DRIVE AFOREMENTIONED THENCE ALONG THE SOUTHERN LINE OF KIM ACRES DRIVE SOUTH 78 DEGREES 30 MINUTES WEST A DISTANCE OF 90 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 10 AND 11 AFOREMENTIONED AT THE PLACE OF BEGINNING. BEING LOT NO. 11 IN A CERTAIN PLAN OF LOTS KNOWN AS MT. ALLEN HEIGHTS (FORMERLY KNOWN AS SPRING RUN ACRES), WHICH SAID PLAN IS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 15, PAGE 14. HAVING THEREON ELECTED A BRICK, STONE AND ALUMINUM SIDING DWELLING HOUSE WITH INTEGRAL GARAGE KNOWN AND NUMBERED AS 107 KIM ACRES DRIVE, MECHANICSBURG, PENNSYLVANIA. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 107 Kim Acres Drive Mechanicsburg, PA 17055 SOLD as the property of STEVEN G. DELP and NICOLLE L. DELP TAX PARCEL #42.28.2421.165 ?? ?_ ?? a =? ?? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6023 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-2, Plaintiff (s) From STEVEN G. DELP AND NICOLLE L. DELP (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 $132,900.51 L.L. Interest FROM 1/06/2006 TO DATE OF SALE PER DIEM AT $27.17 Atty's Comm % Atty Paid $1,374.36 Plaintiff Paid Due Prothy $2.00 Other Costs Date: FEBRUARY 19, 2009 (Seal) REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQ. Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-15322 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 1.JUPULY In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-6023 Civil Term FfI , C n TI Jr i't??jti ?rrft ,? 23 A At-i c- r) ?17 LaSalle Bank, National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities, I LLC Asset Backed Certificates, Series 2004-2 Vs Steven G. Delp and Nicolle L. Delp Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 6, 2009 at 1049 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Steven G. Delp and Nicolle L. Delp, by making known unto, Steven G. Delp, personally, at 107 Kim Acres Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0904 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Steven G. Delp and Nicolle L. Delp located at, 107 Kim Acres Drive, Mechanicsburg, Cumberland County Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit Steven G. Delp and Nicolle L. Delp, by regular mail to their last known address 107 Kim Acres Drive, Mechanicsburg PA 17055. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 26.00 Posting Bills 15.00 Advertising 15.00 Prothonotary 2.00 Milage 19.80 Levy 15.00 Surcharge 30.00 Post Pone Sale 40.00 Law Journal 377.00 Patriot News Share of Bills So Answers R. Thomas Kline, Sheriff By? (j I I /) 0 -,1. Real Estate oordinator 411.91 15.43 997.14 ? 9/a s/o 9 d•W a c 7.z/Ir 13a9iY r vs. Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 STEVEN G. DELP NICOLLE L. DELP (Mortgagor(s) and Record Owner(s)) 107 Kim Acres Drive Mechanicsburg, PA 17055 No. 05-6023 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 107 Kim Acres Drive Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: r DOMESTIC: RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA. 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 107 Kim Acres Drive Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 17, 2009 u u -? ULUlkn GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff 05-6023 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. STEVEN G. DELP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17655 Defendant(s; of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-6023 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: DELP, STEVEN G. STEVEN G. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 Your house at 107 Kim Acres Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $132,900.51 obtained by LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: 05-6023 1. The sale will be cancelled if you pay to LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.orp,/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 05-6023 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: 717-243-9400 or. 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.or-g/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 877-362-6631 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of EMC-1027. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 05-6023 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. STEVEN G. DELP NICOLLE L. DELP Mortgagor(s) and Record Owner(s) 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-6023 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: DELP, NICOLLE L. NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 Your house at 107 Kim Acres Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $132,900.51 obtained by LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: 05-6023 1. The sale will be cancelled if you pay to LaSalle Bank National Association, as Trustee for certificateholders of Bear Steams Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: htip://www.philadelphiafed.orp-/foreclosure / YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 05-6023 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: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 877-362-6631 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of EMC-1027. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT APPOINT IN THE SOUTHERN LINE OF A PUBLIC ROAD KNOWN AS KIM ACRES DRIVE (50 FEET WIDEO WHICH POINT IS IN THE DIVISION LINE BETWEEN LOTS 10 AN DI I ON THE HEREINAFTER MENTIONED PLAN OF LOTS THENCE ALONG THE DIVISION LINE BETWEEN LOTS 10 AND I 1 SOUTH I 1 DEGREES 30 MINUTES EAST, A DISTANCE OF 145 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS I 1 AND 19 ON SAID PLACE THENCE LONG THE DIVISION LINE BETWEEN LOTS 11 AND 19 AND LOTS 11 AND 18 NORTH 78 DEGREES 30 MINUTES EAST, DISTANCE OF 90 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 11 AND 12 THENCE ALONG THE SAME NORTH 11 DEGREES 30 MINUTES WEST A DISTANCE OF 145 FEET TO A POINT IN THE SOUTH LINE OF KIM ACRES DRIVE AFOREMENTIONED THENCE ALONG THE SOUTHERN LINE OF KIM ACRES DRIVE SOUTH 78 DEGREES 30 MINUTES WEST A DISTANCE OF 90 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 10 AND 11 AFOREMENTIONED AT THE PLACE OF BEGINNING. BEING LOT NO. 11 IN A CERTAIN PLAN OF LOTS KNOWN AS MT. ALLEN HEIGHTS (FORMERLY KNOWN AS SPRING RUN ACRES), WHICH SAID PLAN IS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 15, PAGE 14. HAVING THEREON ERECTED A BRICK, STONE AND ALUMINUM SIDING DWELLING HOUSE WITH INTEGRAL GARAGE KNOWN AND NUMBERED AS 107 KIM ACRES DRIVE, MECHANICSBURG, PENNSYLVANIA. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 107 Kim Acres Drive Mechanicsburg, PA 17055 SOLD as the property of STEVEN G. DELP and NICOLLE L. DELP TAX PARCEL #42.28.2421.165 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: May 1, May 8, and May 15, 2009 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. Coyne, SWORN TO AND SUBSCRIBED before me this day of May, 2009 ,,J, Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 FAIA?L 116TA" !Az NO. 89 Writ No. 2005-6023 Civil LaSalle Bank, National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities, I LLC Asset Backed Certificates, Series 2004-2 vs. Steven G. Delp and Nicolle L. Delp Atty.: Michael T. McKeever ALL THAT CERTAIN lot of ground situate in the Township of Upper Allen, County of Cumberland and Sums of Pena ytvataia, bounded and d od as idbows to wit: BEGINNING at appoint in the asodurn Line of a public road known so Shn Acres Drive (50 feet wide0 which point is in the division line between Lots 10 and 11 on the here- inafter mentioned plan of lots thence along the division line between Lots 10 and 11 South 11 degrees 30 min- utes East, a distance of 145 feet to a point in the division line between Lots 11 and 19 on said place thence long the division line between Lots 11 and 19 and Lots 11 and 18 North 78 degrees 30 minutes East, distance of 90 feet to a point in the division line between Lots 11 and 12 thence along the same North 11 degrees 30 minutes West a distance of 145 feet to a point in the south line of Kim Acres Drive aforementioned thence along the southern line of Kim Acres Drive South 78 degrees 30 minutes West a distance of 90 feet to a point in the division line between Lots 10 and 11 aforementioned at the place of BEGINNING. BEING Lot No. 11 in a certain plan of lots known as Mt. Allen Heights (formerly known as Spring Run Acres), which said plan is recorded in the Cumberland County Recorder's Office in Plan Book 15, Page 14. HAVING THEREON ERECTED a brick, stone and aluminum siding dwelling house with integral garage known and numbered as 107 Kim Acres Drive, Mechanicsburg, Penn- sylvania. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 107 Kim Acres Drive, Mechanicsburg, PA 17055. SOLD as the property of STEVEN G. DELP and NICOLLE L. DELP. TAX PARCEL #42.28.2421.165. .The Patriot-News Co. 812 Market St.' Harrisburg, PA 17101 Inquiries - 717'-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE Z4e Patr1*otwXews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 812 to Ell8 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed Eind published at 812 to 818 Market Street, 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/ Metro editions which appeared on the date(s) indicated below. That neither he 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 he 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: 04/24/09 05/01/09 05/08/09 .......... Sworn to and cribed before me this 12 day of May, 2009 A.D. Notary Public COMMONWEALTH OF PF-NtNSYILVANIA Notarial Seal SNwis L. Kos w, Notary Public City Of Hanlsix% Dauphin County My Commission Expires Nov. A 2011 Member, Pennsylvania Association of Notaries Real Estate Sale No. 89 Writ No. 2005.6023 Civil Term Lasalle Bank, National Association, as Trustee for Certificateholders of Bear Stearns, Asset Backed Securities, I LLC Asstt Backed Certificates, Series 2004-2 VS Steven G. Delp and Nicolle L. Delp Attorney Michael T. McKeever LEGAL DESCRIPTION d-L THAT CERTAIN LOT OF GROUND .?ITUATE IN THE TOWNSHIP OF UPPER 1LLEN, COUNTY OF CUMBERLAND AND 5TATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: 13EGINNING AT APPOINT IN THE SOUTHERN LINE OF A PUBLIC ROAD KNOWN AS KIM ACRES DRIVE (50 FEET WIDEO WHICH POINT IS IN THE DIVISION LINE BETWEEN LOTS 10 AN Dl I ON THE HEREINAFTER MENTIONED PLAN OF LOTS THENCE ALONG THE DIVISION LINE BETWEEN LOTS 10 AND 11 SOUTH I DEGREES 30 MINUTES EAST, A DISTANCE OF 145 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 11 AND 19 ON SAID PLACE THENCE LONG THE DIVISION LINE BETWEEN LOTS 11 AND 19 AND LOTS 11 AND 18 NORTH 78 DEGREES 30 MINUTES EAST, DISTANCE OF 90 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS I I AND 12 THENCE ALONG THE SAME NORTH 11 DEGREES 30 MINUTES WEST A DISTANCE OF 145 FEET TO A POINT IN THE SOUTH LINE OF KIM ACRES DRIVE AFOREMENTIONED THENCE ALONG THE SOUTHERN LINE OF KIM ACRES DRIVE SOUTH 78 DEGREES 30 MINUTES WEST A DISTANCE OF 90 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 10 AND 11 AFOREMENTIONED AT THE PLACE OF tEGINNING, 3EING LOT NO. 11 IN A CERTAIN PLAN OF OT:S KNOWN AS MT. ALLEN HEIGHTS FORMERLY KNOWN AS SPRING RUN ORES). WHICH SAID PLAN IS ,hCORDED IN THE CUMBERLAND :'OUNTY RECORDER'S OFFICE IN PLAN HOOK 15. PAGE 14. LAVING THEREON ERECTED A BRICK. DONE AND ALUMINUM SIDING ?)WELLING HOUSE WITH INTEGRAL CAGE KNOWN AND NUMBERED AS KIM ACRES DRIVE. !,1ECHANICSBURG, PENNSYLVANIA. IMPROVEMENTS consist of a residential a Llling. hHING PREMISES. 107 Kim Acres Drive, `dechanicsburg. PA 17055 tiOLD as the property of STEVEN G. DELP and NICOLLE L. DELP TAX PARCEL #42.28.2421.1 65 ?, ? 999 Real Estate Sale # 89 On March 5, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 107 Kim Acres Drive, Mechanicsburg, More fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 5, 2009 0.1c" I I V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6023 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-2, Plaintiff (s) From STEVEN G. DELP AND NICOLLE L. DELP (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 $132,900.51 L.L. Interest FROM 1/06/2006 TO DATE OF SALE PER DIEM AT $27.17 Atty's Comm % Atty Paid $1,374.36 Plaintiff Paid Date: FEBRUARY 19, 2009 (Seal) Due Prothy $2.00 Other Costs /* /?J '-470?? ;? - dzk.' . e C is R. Long, Prothonota Qb: ..ZeL o P - Deputy REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQ. Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-15322 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 ,.u GOLDBECK McCAFFERTY ~ McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff ZQIO,~~~ -2 P~ t,: ~~ LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. STEVEN G. DELP NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s) PRAECIPE TO VACATE JUDf3~~NT TO THE PROTHONOTARY: No. 05-6023 Kindly vacate the judgment upon payment of your costs only. ~~ a MICHAEL T. MCKEEVER, ESQUIRE pd ~ ~'~-~io ~~y ~~/Ceuic~ C~,~-fit s3~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GOLDBECK McCAFFERTY & McKEEVER ATTORNEY FOR PLAINTIFF BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 ~ ~ , , .t,, 2010 Jt~l. -2 Pry 4: tit C~A~E 4. ice.; ; `',,~J~~ ~;., tJ~"fir"V`'~ ~~n~~ LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. STEVEN G. DELP NICOLLE L. DELP 107 Kim Acres Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. OS-6023 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. Michael T. McKeever, Esquire Attorney for Plaintiff