Loading...
HomeMy WebLinkAbout06-3242GOLDBECK 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.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF TY MOR RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. WILLIAM S. THOMAS Mortgagor and Real Owner 1460 Walnut Bottom Road Carlisle, PA 17013 in tp -.3-2ya,,_ C«?C`sk. Plaintiff Defendant Term CIVIL ACTIN. MORTGAGE "CL08Uf1E 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE RECUERDE: SI 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 DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPF,L A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE 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 O 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 800-211-6926 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 AMQ-1054. Para information 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 Plaintiff is WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The name and address of the Defendant is WILLIAM S. THOMAS, 1460 Walnut Bottom Road, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. On October 24, 2003 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1844, Page 2837. The mortgage has been assigned to: WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE by assignment of Mortgage, which 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 February 01, 2006, and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month, 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 $86,330.71 Interest from 01/01/2006 $4,557.58 through 06/30/2006 at 10.5000% Per Diem interest rate at $25.18 Reasonable Attorney's Fee at 5% of Principal Balance as $4,316.54 more fully explained in the next numbered paragraph Late Charges from 02/01/2006 to 06/30/2006 $313.50 Monthly late charge amount at $51.76 Costs of suit and Title Search $900.00 Escrow Advance $3,462.10 Fees $166.01 Corporate Advance $15.00 Monthly Escrow amount $300.60 $100,061.44 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 reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or and "in person am" judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $100,061.44, together with interest at the rate of $25.18, 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 Sheriffs Sale of the Property. By: ?pr~p(? -?V G BE K McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Nanci Jimenez, 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 unswom falsification to authorities. Date: -4, -V1 O rf,Xhi6it f1 10129(23 15;38 0 CommNment Number. 20031 D0302' SlewaRTffle SCHEDULE C PROPERTY DESCRIPTION The land referred to In this Commitment is deicribed as follows: NO. 199 RM ALL THAT CERTAIN tract of ground, togetharwith tmprovemente thereon arected, situate in South Middleton ' Tbwnshlp, Cumberland County, Pennsylvania, bounded and described as follows: On the West by State Highway Route No. 33; on the North by lead now or f nerly of Raymond Myd Quigley; on the East by land how or formerly of Annie E. Snyder, and an the South by land formarly or B.H. Snyder. CONTAINING in front on said State Highway Route No. 33, Seventy-fire (76) feet and extending at an aver width one Hundred SWilve (105) feet in depth to said land now or formerly of Annie E. Snyder. BEING LOT No. 2 on the Plan of Lots laid out by B.H_ Snyder and recorded in Cumberland County Plan Book No. 4, Page 25. As described In Deed Book 229 Page 832 Parcel # 40.24-0744.050. FOR INFORMATIONAL PURPOSES ONLY: Cumberland County has the properly assessed as 1480 Walnut Bottom Road. dC tmmt (MtOCBOLPFQ20IXiIM021e) i Eythibit ?d P.O. Bus 116" 11111111111111111 SeaaAna, CA 92711-IM 7182 6389 3060 0796 8083 WILLIAM STHOMAS ,r,.- 1460 WALNUT BOTTOM RD CARLISLE, PA 17013 IMORTGAGE SERVICES Apri104, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS OF POLICY Loan Number: 0060826161 Property Addraa: 1460 WALNUT BOTTOM RD, CARLISLE PA, 17013 Original Lender: AMC Mortgage Services. Loc. Cawed Leoded8ervicer: AMC Mortgage Services, Loc. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WELL BE USED FOR THAT PURPOSE. IF YOU RAVR PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official *ode* *d the morame on year began is in defoult. and the leader islands to foraebm. Specific iulararadea about *a cable of the defult is presided in the attached saes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM =MAP) • be able to help to stye vour home. This Nades e=ldu how the program works. This No" mottles; important legal information. Hyou have gay gaestious, representatives at the Cessuer Credit Counseling Agency many be able to kelp mplaia IL You may, aim want to eoataet an attorney in your arm. The two] bar amoeinden may be able to hdp yes find a lawyer. LA NOTMCACION EN ADJUNTO IS DE SOMA INPORTANCIA, PUSS AFECTA SII DERECHO A CONTINUAR VIVIENDO EN SII CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IIIMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO AIM doing business as Delswsm AMC MortMe Services. Inc.. N the states of Tam. Rhode Istsed. sad New Hampshi, ARRIBA. PUEDES SER ELIGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SII CASA DE LA PERDHIA DEL DERECHO A RZDElUR SII HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1985 (THE "ACT"), YOU MAY BB 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 REQUEUMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you an nodded to a temporary slay of foreclosure on your mortgage for Oily (30) days from the date of this Nola. During that time yoo must vamp and attend a face-to-lice running with ons of the caowmes credit eoanwlmg agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT APPLY FOR BMBRGENCY MORTGAGE ASSISTANCR 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 We comb n Which the ureourw is WQNW are sal fordi at the and of this Notice. D is only necessary to schedule owe face-lo-faee meeting. Advise year leader lately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the rtanona set forth later in thin Nola (see following pages for specific mformstion about the nature of year defea8.) If you have tried and arc amble to resolve this problem with the lender, you have the right to apply for Soaacial assistance from the Homeowmis Emergency Mortgage Assistance Program. To do so, you mutt fill out sign and Me a completed Homeownces Emergency Aaistma Program Application with our of the do igaeted coeoomer mad8 conown eg agencies Rased at the end of this Notice. Only consumer credit comseing agencies have applications for the program and they will assist you in nabmitting a complete application to the Pennsylvania Housing Finance Agency. Yom application MUST be Mail or postmarked within thirty (30) days of your face-Whice media 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 foods for emergency mortgage assistance are very hunted. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Fuaoee Agency ban sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be ponnad against you if you have met the time requirements set forth above. You will be ncdfted directly by the Pennsylvania Housing Fimaa Agency of its decision on your application. April 04, 2006 Loan Number: 0060826161 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. (It yen have filed bankruptcy yen cu dill apply for Zmergmey Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brian it as to dab). NATURE OF THE DEFAULT -The MORTGAGE debt by the above leader on your property located at: 1460 WALNUT BOTTOM RD, CARLISLE, PA 17013 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: 02/01/06 thre 04!01/06 at 81058.05 per month Monthly Payments pins late charge or other fees: 83439.71 Total Amount to Caro Default 53439.71 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do act use H not auelicable): N/A HOW TO CUBE THE DEFAULT --You may core the defaet within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LZNDZR, WHICH 18 $343!.71 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Parmeab ma be made egher by cask cashier's check, cartiBed check or maser order made payable and sent to AMC Mortgage Service 505 City Parkway Weal, Spite #100 Orange, CA 92868 You can care my other default by taking the following action within THIRTY (30) DAYS of the date of this letter (Do not use if not Mq=bde.) N/A IF YOU DO NOT CURB THE DEFAULT-V you do not core the default within THIRTY (30) DAYS of the dale of this Notice, the leader Intends to exersia Its Habra to accelerate the part" Thu mesas that the entire outstanding balance of this debt will be considered due immediately and yen may lee the chance to pay the mortgage in monthly indaDmaute. V fall payment of the total amount past doe u not made within THIRTY (30) DAYS, the leader also immds to imtuct its attorneys to dart legal action to jeadm upon year p_ep?erll. IF THE MORTGAGE IS FORECLOSED UPON - The modgaged property will be add by the Sheriff to pay off the moripp dent. V the Iwdm refda your case to its attorneys, but you core the delinquency before the lender begins legal proceedings egamat yon, you will OM be required to pay the reasonable attorney's few that were actually incurred, up to 850.00. However, V legal proceedings are started against yon, you will have to pay all reasonable attorney's kw actually mcorred by the lewdereven if they exceed $50.00. Any anomey's few will be added tothe ameant you owe the hader, which may also include other reasonable COOL Hyn cure the defauk within the THIRTY (30) DAY pried, you will sat be required to pay attorney's ken OTHER LENDER REMEDIES -The lender may also we you personally for the unpaid principal balance and all other some due under the mortgage. - If you have not cured the defooR within vat still have the right to cure fin default owuress oerformins M other i yv meMe under the morgue. Coring year ddak is the maser set forth is this notice will restore year mortgage to the same position as N you had never ddwhod. EARLIEST POSSDLE SHERIFF'S SALE DATE - It is estimated Wm the dullest date that such a Sheriff's Sale of the mortgaged property coald be held would be eppwximately (6) MONTHS from the dare of this Notice. A notice of the actual date of the Sheriffs Sale will be cum to you before the ale. Of coarse, the amount needed to care the defiull will tnaease the longer yon wait You may f3nut out at day time wetly what the squired paymunt or action will be by contacting the leader. AMC Mortgage Services PO Ror 11000 Santa Ann, CA 927114000 Pbone Number 000-1303262 Far Number 7113473037 EFFECT OF SHERIFF'S SALE - You should realize tbat a Shori@s We will em your oavembip of the mortgaged property cud your right to occupy R. If you continue to live is the property after the Sheriffs Sale, a lawsuit to remove you and year fhmtahtrgs and other beloogiegs could be salted by the hinder at any time. ASSUMPTION OF MORTGAGE - You _ may or %may not (CHECK ONE) sell or treader yore home to a buyer or traaderee who will assume the mortgage deb, provided tbat all the oatsnudiug psymcnK charges and attorney's fees and cope am paid prior to or at the sale and that the other requirements of the mortgage are motaf . YOU MAY ALSO HAVE THR RIGHT: r TO SEf.L THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. r TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) : TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, a TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER r TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED Very Truly Yours. AMC Mortgage Services Cc: AMC Mortgage Services Ater: Collections Department Loan Number: 0060026161 Mailed by lot Claw Mug and by Certified Mail Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1-800-342-2397 u..nwn-s ?rA N l ~C)]} C N O -n Him 5 r_? OV) co ? n =p GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. McKEEVER, ESQUIRE ATTORNEY I.D. #56129 SUITE 500 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Plaintiff VS. WILLIAM S. THOMAS 1460 Walnut Bottom Road Carlisle, PA 17013 Defendant(s) Term No. 06-3242 PRAECIPE TO REINSTATE COMPLAINT AND TO ADD A NEW PARTY DEFENDANT PURSUANT TO PA.R.C.P. 401(B)(2) Kindly reinstate the Complaint in Mortgage Foreclosure in the above captioned matter and pursuant to Pa.R.C.P. 401(b)(2) add the following entity as a new party defendant: United States of America, by virtue of a Federal Tax Lien: c/o U.S. Attorney's Office Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 Respectfully submitted, "z 0?ro GOLD ECK, McCAFFERTY & McKEEVER By: Michael T. McKeever, Esquire Attorney for Plaintiff CNIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ?-, ^> ;. , ??., ._, ?_ - - -, ???- , ? c ??. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03242 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS THOMAS WILLIAM S RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THOMAS WILLIAM S the DEFENDANT , at 1259:00 HOURS, on the 14th day of June , 2006 at 1460 WALNUT BOTTOM ROAD CARLISLE, PA 17013 by handing to WILLIAM THOMAS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.40 06/15/2006 ,7, lk. o (- GOLDBECK MCCAFFE Y MCKEEVER Sworn and Subscibed to By: --,4 before me this day Deputy Sheriff of A.D. GOLDBECK McCAFFERTY & 1 cKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. WILLIAM S. THOMAS 1460 Walnut Bottom Road Carlisle, PA 17013 Plaintiff Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL. ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-3242 By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff L`? O {? ? C? t-- ? -r?s ._.; "V -ts t~ ^? '?' ? "' w '`-p-? CJ ..»? ? -? In the Court of Common Pleas of Cumberland Cumberland County WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. WILLIAM S THOMAS (Mortgagor(s) and Record Owner(s)) 1460 Walnut Bottom Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant(s) PRAECIPE FOR JUDGMENT No. 06-3242 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 WILLIAM S THOMAS and THE UNITED STATES OF AMERICA by default for want of an Answer. Assess damages as follows: Debt Interest from 5/31/07 to Date of Sale Total (Assessment of Damages attached) $112,347.52 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days ri r o the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A. Gold ec r. Attorney for PI inti I.D. #16132 AND NOW Ina , Judgment is entered in favor of WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE and against WILLIAM S THOMAS and THE UNITED STATES OF AMERICA by default for want of an Answer and damages assessed in the sum of $112,347.52 as per the above certification. r Aonotarry ' AMQ-1054 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: May 18, 2007 TO: WILLIAM S THOMAS 5 N. Bedford Street Carlisle, PA 17013 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. WILLIAM S THOMAS (Mortgagor(s) and Record Owner(s)) 1460 Walnut Bottom Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA TO: WILLIAM S THOMAS 5 N. Bedford Street Carlisle, PA 17013 Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-3242 IMPORTANT NOTICF. 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 ?? ?? a. ?a?r(fzec? ?r GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 AMQ-1054 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: : May 18, 2007 TO: WILLIAM S THOMAS 1460 Walnut Bottom Road Carlisle, PA 17013 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. WILLIAM S THOMAS (Mortgagor(s) and Record Owner(s)) 1460 Walnut Bottom Road Carlisle, PA 17013 Defendant(s) TO: WILLIAM S THOMAS 1460 Walnut Bottom Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-3242 IMPORTANT NOTICR 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 G C M,CAFFER M EVER B oseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. WILLIAM S THOMAS (Mortgagor(s) and Record owner(s)) 1460 Walnut Bottom Road Carlisle, PA 17013 Defendant(s) THE UNITED STATES OF AMERICA IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 06-3242 ORDER FOR JUDGMENT Please enter Judgment in favor of WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, and against WILLIAM S THOMAS 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 $112,347.52. Joseph A. Gi Attorney for I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 and that the name(s) and last known address(es) of the Defendant(s) is/are WILLIAM S THOMAS, 5 N. Bedford Street Carlisle, PA 17013; GOLDBECK] BY: Joseph A. Attorney for P & McKEEVER Jr. ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 01/01/2006 through 05/30/2007 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Fees Corporate Advance $86,330.71 $12,967.70 $4,316.54 $882.86 $900.00 $6,768.70 $166.01 $15.00 $112,347.52 GOLDBECK Mc ERTV & McKEEVER BY: Joseph A. Gol ec , Jr. Attorney for Plaint AND NOW, this Oy4k day of JUA-? f _, 2007 damages are assessed as above. ro rothy =4-ve V ) v ? X„ G GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. McKEEVER, ESQUIRE ATTORNEY I.D. #56129 SUITE 500 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. WILLIAM S THOMAS 1460 Walnut Bottom Road Carlisle, PA 17013 Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-3242 PRAECIPE TO ADD A NEW PARTY DEFENDANT PURSUANT TO PA.R.C.P. 401(B)(2) Kindly add Defendant United Sates of America to the Complaint in Mortgage Foreclosure in the above captioned matter and pursuant to Pa.R.C.P. 401(b)(2) add the following entity as a new parry defendant: United States of America, by virtue of a Federal Tax Lien: c/o U.S. Attorney's Office Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 Respectful submitted, GOLDBE,CK, McCAFFERTY & McKEEVER By: Michael T. McKeever, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 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 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. WILLIAM S THOMAS Mortgagor(s) and Record Owner(s) 1460 Walnut Bottom Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-3242 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 5/31/07 to Date of Sale at 10.5000% (Costs to be added) $112,347.52 GOLDBECK M C FE TY & McKEEVER BY: Joseph A. ld k, Jr. Attorney for Plaintiff The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract of ground, together with improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: On the West by State highway Route No.33; on the North by land now or formerly of Raymond Myri Quigley; on the East by land now or formerly of Annie E. Snyder; and on the South by land formerly of B.H. Snyder. CONTAINING in front on said State Highway Route No. 33, Seventy-five (75) feet and extending at an even width One hundred Sixty-five (165) feet in depth to said land now or formerly of Annie E. Snyder. BEING LOT No. 2 on the Plan of Lots laid out by B.H. Snyder and recorded in Cumberland County Plan Book No. 4, Page 26. As described in Deed Book 229 Page 832. Parcel # 40-24-0744-050. PROPERTY ADDRESS: 1460 WALNUT BOTTOM ROAD, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3242 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff (s) From WILLIAM S. THOMAS AND THE UNITED STATES OF AMERICA (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 gamishee(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 $112,347.52 L.L. $.50 Interest FROM 5/31/07 TO DATE OF SALE AT 10.5000% Atty's Comm % Due Prothy $2.00 Atty Paid $171.20 Plaintiff Paid Date: JUNE 4, 2007 (Seal) REQUESTING PARTY: Other Costs urts R. Lon , Prothonotary av: Deputy Name JOSEPH A. GOLDBECK, JR. ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. WILLIAM S THOMAS (Mortgagor(s) and Record Owner(s)) 1460 Walnut Bottom Road Carlisle, PA 17013 Defendant(s) THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 No. 06-3242 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 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: 1460 Walnut Bottom Road Carlisle, PA 17013 l.Name and address of Owner(s) or Reputed Owner(s): WILLIAM S THOMAS 5 N. Bedford Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: WILLIAM S THOMAS 5 N. Bedford Street Carlisle, PA 17013 THE UNITED STATES OF AMERICA Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: COMMONWEALTH OF PA DEPARTMENT OF REVENUE Bureau of Compliance Dept 280946 Harrisburg, PA 17128 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE US Treasury Dept - Internal Revenue Service 1000 Liberty Avenue Pittsburgh, PA 15222 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 1460 Walnut Bottom Road Carlisle, PA 17013 South Middletown Township Municipal Authority Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my 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: MU 30, 2007 GOLDBECK McC RT Y 51 BY: Joseph A. Gol ec Jr., Esq. Attorney for Plainti CJ ? p 0 r1 t r .? n -' n r M 06-3242 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. WILLIAM S THOMAS Mortgagor(s) and Record Owner(s) 1460 Walnut Bottom Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA Term No. 06-3242 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: THOMAS, WILLIAM S. WILLIAM S THOMAS 5 N. Bedford Street Carlisle, PA 17013 Your house at 1460 Walnut Bottom Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $112,347.52 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 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 06-3242 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 06-3242 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 800-211-6926 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(d,goldbecklaw.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 AMQ-1054. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. . .. y ? t "° T1 ? - 7 06-3242 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. WILLIAM S THOMAS Mortgagor(s) and Record Owner(s) 1460 Walnut Bottom Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA Term No. 06-3242 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: THE UNITED STATES OF AMERICA Kim Stevens Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 Your house at 1460 Walnut Bottom Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $112,347.52 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 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 06-3242 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 06-3242 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 800-211-6926 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 homeretentionagoldbecklaw.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 AMQ-1054. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. =jo SHERIFF'S RETURN - REGULAR CASE NO: 2006-03242 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS THOMAS WILLIAM S RICHARD E SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THOMAS WILLIAM S the DEFENDANT , at 1435:00 HOURS, on the 27th day of April 2007 at 5 N BEDFORD STREET # 3 CARLISLE, PA 17013 by handing to WILLIAM THOMAS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 R. Thomas Kline 32.80 ?,005/01/2007 GOLDBECK MCCAFFERT MCKEEVER Sworn and Subscibed to By: before me this day rputy Sheriff of A.D. 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 AMQ-1054 CF: 06/07/2006 SD: 09/05/2007 $112,347.52 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. WILLIAM S THOMAS Mortgagor(s) and Record Owner(s) 1460 Walnut Bottom Road Carlisle, PA 17013 Defendant(s) THE UNITED STATES OF AMERICA CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 06-3242 Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: William S.`fhor?vue QU?1r, (,ISIS Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. R s ct y s BY: Jo eph X. Goldbeck, Jr. Att rn y for Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE to QQo o d? ?b` N o 0y 1 S w 0. C t O OTC ;p 7 U p cn 0. ? r T J c 4a. OG FUb r75 CL lU 7- gw a ?$ o 04.E [3000 0i m :) gtQio- U 00 0 10 0 orW a ? ? ? 'co g W? G (D%IU N ?Ls c? N O L a I ars I I 0 l ti 11 oB jZ A W 0 N 0 D m 0 tart O r N Q 3 WM Specialty Mortgage LLC, without recourse In the Court of Common Pleas of VS Cumberland County, Pennsylvania William S. Thomas Writ No. 2006-3242 Civil Term Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2007 at 1201 hours, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: William S. Thomas, by making known unto William Thomas personally, at 5 North Bedford Street, Apt. #3, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Megan Marlow, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2007 at 1855 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William S. Thomas located at 1460 Walnut Bottom Road, Carlisle, 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 defendant, to wit: William S. Thomas, by regular mail to his last known address of 5 N. Bedford Street, Apt. # 3, Carlisle, PA 17013. This letter was mailed under the date of July 3, 2007 and never returned to the Sheriffs Office. So Answers: R. Thomas Kline, Sheriff Real Estate S rgeant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA AFFIDAVIT OF SERVICE WM SPECIALTY MORTGAGE LLC WILLIAM S. THOMAS USA Plaintiff (Petitioner) vs. Defendant (Respondent) CASE and/or DOCKET: 06 3242 I, ?61A-gIQS Y i(1?$'?' declare that I am a Pennsylvania State Constable and/or Process Server, in and for the County (d that I am not a party to this action, not an employee of a party to this action, or an attorney to the action, and that within the boundaries of the state where service was effected. I was authorized by law to perform the said service. SERVICE UPON: USA ADDRESS: 615 CHESTNUT STREET SUITE 1250 PHILADELPHIA, PA 19106 On: ?1'107 At: I?30 Pm Description: Approximate Age _ L Height 5 5"Weight ILfV Race W Sex P Hair ?Or'h With Documents: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Manner of Service By handing to: COMMENTS: DEFENDANT(S) PERSONALLY SERVED ADULT FAMILY MEMBER WITH WHOM THE SAID DEFENDANT(S) RESIDES. NAME: RELATIONSHIP: ADULT IN CHARGE OF DEFENDANTS RESIDENCE. NAME: RELATIONSHIP: POSTED PROPERTY AGENT OR PERSON IN CHARGE OF PLACE OF BUSINESS. NAME: _MS. n Vq f TITLE: MILITARY STATUS: NO /YES BRANCH: DEFENDANT WAS NOT SERVED BECAUSE: MOVED -UNKNOWN NO ANSWER VACANT OTHER: SERVICE WAS ATTEMPTED ON THE FOLLOWING DATES/TIMES: 1.) 2.) 3.) SWORN TO AND SUBSCRIBED BEFORE ME THIS _V'- DAY OF 2007 NOTARY COMM NWEAL-r1.? p? FPENNSYLVANIA NOTARIAL SEAL ` TERESR A P1`d70L/'„ Notary aubiic ',Nzisl)i gico't Si erk County e. Comm -.'KP rc ;December.? 5 2009 . s:.. :. PROVEST, LLC. P.O BOX 1180,93 E MAIN STREET, BAY SHORE NY 11706 631.666.6168 (F) 631.666.6295 ?a0 du GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. McKEEVER, ESQUIRE ATTORNEY I.D. #56129 SUITE 500 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. WILLIAM S. THOMAS 1460 Walnut Bottom Road Carlisle, PA 17013 Defendant(s) STIPULATION IN THE COURT OF COMMON PLEAS OF CumberlandCOUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-3242 It is hereby stipulated and agreed by and between WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, plaintiff, and the defendant, United States of America, as follows: 1. That the premises referred to in the Plaintiffs Complaint is owned by the defendant(s), WILLIAM S. THOMAS. 2. The plaintiff filed an action in mortgage foreclosure to the above number and term, and named as defendant(s), WILLIAM S. THOMAS. 3. The parties hereby agree that the United States of America shall, and hereby is, named as a party in the above action, in accordance with 28 U.S.C. § 2410 et sea. 4. The United States of America hereby accepts service of the complaint and waives its right to file an answer or other responsive pleading thereto, and waives any objection it may have to the judgment entered against the defendant(s). 5. The United States of America has 3 tax lien(s) against the property which is/are subject to the action of mortgage foreclosure, 4742-FTL-1988, totaling $10,047.03, both entered in the Prothonotary's office of Cumberland County Pennsylvania. 6. That the Federal Tax Liens described in Exhibit "A" to this Stipulation are junior in time to the Plaintiffs mortgage set forth in paragraph three (3) of plaintiffs Complaint. 7. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. That the defendant, United States of America, is not indebted to the plaintiff. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which was served on the defendant, United States of America. 10. That the judicial sale of said property shall discharge the Federal Tax Lien described in Exhibit "A". 11. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due the United States shall be sent to the Internal Revenue Service, PO Box 1267, Harrisburg, PA 17108-1267. The check shall be made payable to "United States Treasury" and shall include the name and social security number of the taxpayer. 12. That the defendant, United States of America, preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). 13. The parties to this Stipulation shall bear their own respective costs in this proceeding. Dated: June 19, 2006 By: Michael T. McKeever, Esquire Attorney for Plaintiff THOMAS A. MARINO United States Attorney Dated: 41A?N4 BY: 4 ^ ?3 WWY? M lissa Swauger Assistant U.S. Attorney Attorney for United States of America 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. WILLIAM S THOMAS Mortgagor(s) and Record Owner(s) 1460 Walnut Bottom Road Carlisle, PA 17013 Defendant(s) Plaintiff AFFIDAVIT PURSUANT TO RULE 3129 Term No. 06-3242 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 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: 1460 Walnut Bottom Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): WILLIAM S THOMAS 5 N. Bedford Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: WILLIAM S THOMAS 5 N. Bedford Street Carlisle, PA 17013 THE UNITED STATES OF AMERICA Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 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: US Treasury Dept - Internal Revenue Service 1000 Liberty Avenue Pittsburgh, PA 15222 COMMONWEALTH OF PA DEPARTMENT OF REVENUE Bureau of Compliance Dept 280946 Harrisburg, PA 17128 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 1460 Walnut Bottom Road Carlisle, PA 17013 South Middletown Township Municipal Authority Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: August 10, 2007 GOLD ECK McCAFFFRTY & McKEEVER BY: Jo ph A. Goldbeck, Jr., Esq. Attorne for Plaintiff i T'1 l p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which WM Specialty Mtg_ LLC is the grantee the same having been sold to said grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 4th day of June, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 3242, at the suit of WM Specialty Mtg_LLC against William S Thomas is duly recorded as Instrument Number 200737170. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 02<5 -19 day of A.D. oleo 1 of Deeds RNA* of Dew, Cu "*W Co". Ca". PA My CbmbM" EON 8* Fief Mw&y d JW 2010 WM Specialty Mortgage LLC, without recourse VS William S. Thomas In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3242 Civil Term Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2007 at 1201 hours, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: William S. Thomas, by making known unto William Thomas personally, at 5 North Bedford Street, Apt. #3, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Megan Marlow, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2007 at 1855 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William S. Thomas located at 1460 Walnut Bottom Road, Carlisle, 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 defendant, to wit: William S. Thomas, by regular mail to his last known address of 5 N. Bedford Street, Apt. # 3, Carlisle, PA 17013. This letter was mailed under the date of July 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, on behalf of WM Specialty Mortgage LLC, without recourse. It being the highest bid and best price received for the same, WM Specialty Mortgage LLC, without recourse of 505 City Parkway West, Suite 100, Orange CA 92868 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $889.98. Sheriff s Costs: Docketing $30.00 Poundage 17.45 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 272.24 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $ 889.98 ? ?- r01e,F10 7 C;n- ? qq 1t""' So A v R. Thomas Kline, Sheriff Real Estat ergeant h 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE IN THE COURT OF COMMON PLEAS 505 City Parkway West Suite 100 Orange, CA 92868 VS. Plaintiff WILLIAM S THOMAS (Mortgagor(s) and Record Owner(s)) 1460 Walnut Bottom Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-3242 AFFIDAVIT PURSUANT TO RULE 3129 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 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: 1460 Walnut Bottom Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): WILLIAM S THOMAS 5 N. Bedford Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: WILLIAM S THOMAS 5 N. Bedford Street Carlisle, PA 17013 THE UNITED STATES OF AMERICA Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: COMMONWEALTH OF PA DEPARTMENT OF REVENUE Bureau of Compliance Dept 280946 Harrisburg, PA 17128 US Treasury Dept - Internal Revenue Service 1000 Liberty Avenue Pittsburgh, PA 15222 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 We. 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 1460 Walnut Bottom Road Carlisle, PA 17013 South Middletown Township Municipal Authority Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: May 30.2007 GOLDBECK McC RT Y &-I BY: Joseph A. Gol ec Jr., Esq. Attorney for Plainti 06-3242 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. WILLIAM S THOMAS Mortgagor(s) and Record Owner(s) 1460 Walnut Bottom Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant(s' , Term No. 06-3242 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: THOMAS, WILLIAM S. WILLIAM S THOMAS 5 N. Bedford Street Carlisle, PA 17013 Your house at 1460 Walnut Bottom Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $112,347.52 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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: CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 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 06-3242 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 06-3242 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 800-211-6926 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(a goldbecklaw.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 AMQ-1054. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 06-3242 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. WILLIAM S THOMAS Mortgagor(s) and Record Owner(s) 1460 Walnut Bottom Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant(s Term No. 06-3242 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: THE UNITED STATES OF AMERICA Kim Stevens Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 Your house at 1460 Walnut Bottom Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $112,347.52 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 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 r 06-3242 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 06-3242 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.g_ov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 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 1-866413-2311 or via email at homeretention(a,goldbecklaw.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 AMQ-1054. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract of ground, together with improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: On the West by State highway Route No.33; on the North by land now or formerly of Raymond Myri Quigley; on the East by land now or formerly of Annie E. Snyder; and on the South by land formerly of B.H. Snyder. CONTAINING in front on said State Highway Route No. 33, Seventy-five (75) feet and extending at an even width One hundred Sixty-five (165) feet in depth to said land now or formerly of Annie E. Snyder. BEING LOT No. 2 on the Plan of Lots laid out by B.H. Snyder and recorded in Cumberland County Plan Book No. 4, Page 26. As described in Deed Book 229 Page 832. Parcel # 40-24-0744-050. PROPERTY ADDRESS: 1460 WALNUT BOTTOM ROAD, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-3242 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff (s) From WILLIAM S. THOMAS AND THE UNITED STATES OF AMERICA (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 $112,347.52 L.L. $.50 Interest FROM 5/31/07 TO DATE OF SALE AT 10.5000% Atty's Comm % Due Prothy $2.00 Atty Paid $171.20 Other Costs Plaintiff Paid Date: JUNE 4, 2007 (Seal) Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR. ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Qttj ( ??? Real Estate Sale # 70 On June 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 1460 Walnut Bottom Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 15, 2007 By: j6 &?4?? Real Esta Sergeant So .E cj q- NIN LOU 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of July and the 1st day(s) of August 2007. 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 #70 Sworn to and subscribed before&%%rEg6tMU A `i my Sy i' y r r i!,r?G u, 2010 N ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 The 1•?r1,1P ?? ?'? 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: July 20, July 27, and August 3, 2007 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. (Li Marie Coyne, Ptor SWORN TO AND SUBSCRIBED before me this 3 day of August, 2007 Notary NOTARIAL FSEA DEBORAH A NotaryPUCARLISLE BORO, CUMBCOUNTY My CotnmUm Exp, 2010 VA" MATS SMA NO. TO Writ No. 2006-3242 WM Specialty Mortgage LLC, Without Recourse vs. William S. Thomas and The United States of America Atty.: Joseph A. Goldbeck, Jr. DESCRIPTION The land referred to in this Com- mitment is described as follows: ALL THAT CERTAIN tract of ground, together with improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: On the West by State highway Route No. 33; on the North by land now or formerly of Raymond Myri Quigley; on the East by land now or formerly of Annie E. Snyder; and on the South by land formerly of B. H. Snyder. CONTAINING in front on said State Highw8y Route No. 33, Seventy- five (75) feet and extending at an even width One hundred Sixty-five (16S) feet in depth to said land now or formerly of Annie E. Snyder. BEING LOT No. 2 on the Plan of Lots laid out by B. H. Snyder and recorded in Cumberland County Plan Book No. 4, Page 26. As described in Deed Book 229 Page 832. Parcel # 40-24-0744-050. PROPERTY ADDRESS: 1460 WALNUT BOTTOM ROAD, CAR- LISLE, PA 17013. Assignment of Bid NO. 06-3242 -THOMAS 1460 Walnut Bottom Road Carlisle, PA 17013 I, Joseph A. Goldbeck, Jr., Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated September 05, 2007 to: WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Date: September 14, 2007 GOLDBECK MCCAFFERTY & MCKEEVER 'ef zj&6a4Q?k JOSEPH A. GOLDBECK, JR.