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HomeMy WebLinkAbout02-2305Pluese, Ettin, Becker & Saltzman A Division of Katz, Ettin•& Levine, P.C. Rob Saltzman, Esquire Attorney Identification No.: 53957 905 N. Kings Highway Cherry Hill, NJ 08034 (856) 667-6440 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite 150 Horsham, PA 19044 (f)2 - Z05 (21 "'., C, l EA-in Plaintiff, V. ROBERT L. GOODHART JOANN M. GOODHART 44 E. Penn Street Carlisle, PA 17013 Defendants CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTION YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORM N THE FOLLOWING PAGES, YOU MUST TARE ACTION WITRIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING THE WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO GO SO THE CASE MAY PROCEED WITHOUT YOU AND A .ULDGMENT MAY BE ENTERED AGAINST YOU BY Us COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE WORRY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TARN THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GOT TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1/800-990-9108 LE HAN DBMANDADO A USTED EN LA CORTE. 81 USTED QUIERE DEFENDERSE DR BETAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIRNTES, USTED TIME (20) DIM DE PLAZO A PARTIR DE LA FECHA DE LA DENANDA Y LA NOTIFICACION. USTED DINE PRESMAR USA APARIENCIA ESCRITA 0 EN PERSONA O POR ABOGA00 Y ARCHIVAR IN LA CORTE SUS DEFENSAS 0 SUE OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO BE DEFIENDE, LA CORTE TORARA HBDIDAS Y PURGE ERMAR DNA ORDER CONTRA USTED SIN PREVIO AVISO 0 NOTIFICACION 0 POR CUALOIER QUBJA 0 ALIVIO QUB ESPEDIDO BE LA FETICIDE DE DEMANDA. USTED PURGE PERDER DINNED, SUS PROPIRDADES 0 GIRDS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. 81 NO TIME ABOGADO 0 SI NO TIME EL DINERO SUFICIENTE PARA PAOAR In SERVICIO, VAYA EN PERSONA O LLANE MR TELEFONO A LA OFICINA CUYA DIRECCION BE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DOME USTRD FUNDS CONSEGUIR ABISTENCIA LEGAL. CUWBERLAND COUNTY BAR ASSOCIATION 2 Liberty AVBINe Carlisle, PA 17013 1/800-990-9108 r CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff, GMAC Mortgage Corporation, is a corporation having been organized under the laws of the United States of America and State of Pennsylvania and having its principal place of business at 500 Enterprise Road, Suite 150, Horsham, PA 19044. 2. (a) Defendant(s), Robert L. Goodhart and Joann M. Goodhart are individuals whose last known address is 44 E. Penn Street, Carlisle, PA 17013. (b) Defendant(s), Robert L. Goodhart and Joann M. Goodhart hold an interest in the subject property as mortgagors and record owners. (c) If any of the above named Defendants are deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through their estate whether the estate is probated. 3. (a) The residential mortgage being foreclosed encumbers property located at 44 E. Penn Street, Borough of Carlisle, Cumberland County, Pennsylvania 17013. (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) The Mortgage was executed on November 6, 1998 and was recorded on November 9, 1998, in Mortgage Book 1496, at Page 8. Said Mortgage was subsequently assigned to Plaintiff on April 16, 1999 and was recorded on May 14, 1999 in Book 612, Page 1095. (d) The legal description for this parcel is attached hereto and incorporated herein as Exhibit "A" (Mortgaged Premises). (e) Pursuant to Pennsylvania Rules of Civil Procedure Rule 1147 (1) and 1019(g) Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. These documents are, however, appended hereto and incorporated herein by reference as Exhibit "B", Mortgage. (f) On February 19, 2002 a letter was sent to Defendant(s), Robert L. Goodhart and Joann M. Goodhart, advising of the Plaintiff's intent to foreclose within thirty days pursuant to 41 P.S. Section 403. A copy of said letters is attached hereto as Exhibit "C" 4. The mortgage is in default because the Defendant(s), Robert L. Goodhart and Joann M. Goodhart, failed to timely tender the monthly payment of $520.34 on December 1, 2001, and thereafter failed to make the monthly payments. 5. As authorized under the mortgage instrument, the loan obligation has been accelerated. 6. Plaintiff seeks entry of judgment in rem on the following sums: (a) Principal balance of mortgage $52,906.89 due and owing (b) Interest due and owing at the $2,777.61 rate of 7.0% calculated from the default date above stated through June 1, 2002 Interest will continue to accrue at the per diem rate of $10.15 through the date on which judgment in rem is entered in Plaintiff's favor. (c) Late Charges $157.12 (d) Property Inspections $73.90 (e) Escrow Advances made by Plaintiff $747.33 Mortgagee on behalf of Defendant mortgage account (f) Attorneys' fees $1,250.00 (g) Title search and bringdown $350.00 (h) Mortgage Insurance $43.00 TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $58,305.85 7. (a) The attorneys' fees set forth as recoverable at Paragraph 6(f) are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third-party purchaser at a Sheriff's Sale only. (b) If the mortgage arrears are to be reinstated or paid-off prior to the Sheriff's Sale, Plaintiff's actual attorneys' fees (calculated at counsel's hourly rate) will be charged based upon work actually performed. WHEREFORE, the Plaintiff demands: -- Entry of Judgment in rem against the Defendants above named in the total amount of $58,305.85 as stated at Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and -- Foreclosure and Sheriff's Sale of the subject mortgaged property. Pluese, Ettin, Becker & Saltzman BY: "r Plaintiff D. No. 53957 VERIFICATION The undersigned, an officer of 'GMAC Mortgage, the instant Plaintiff, or its servicing agent, being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by the Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S.A. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED: 51711) Z By. NAME: Lisa Hogle TITLE: Foreclosure Specialist COMPANY: GMAC Mortgage ALL THAT CERTAIN lot or ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of East Penn Street at corner of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or formerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, 11 feet 1 inch to the place of beginning. BEING improved with a dwelling house known No. 44 East Penn Street, Carlisle, PA 17013 TAX PARCEL X120-1800-335 E/%6' iY Dat• - 674 Loan No: 09787472 Borrower: ROBERT L GOOD9LAT A u58502 =703 ; 11 , NOTE November 6, 1998 44 E. PENN ST. CARLISLE, PENNSYLVANIA 17013 (P,.P.M Ma--l L PARTIES 'Borrower' means each Person signing at the end of this Nate, and the person's summon; and assigns. 'Lends means ACCUBANC MORTGAGE CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY= INTEREST In miurn for a loan received from Lender, Borrower promises toay thC1 pri opasum rdor ot'? FIFTY-FOUR THO wSANbD SIX HUNDRED THREE and NO1100 Dollars (U.S. S U03-00 ), plus charged ( on unpaid 7A00 % ) per year until the full of disbursement principal has been pe oceeds by lender, at the rate of SEVEN I PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, decd of trust or similar security instrument that is dated the same date is his Note and called the "Security Instrument' The Security instrument protects the fender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on Deamber 1, 1998. Any principal and interest remaining on the first day of November, 2922, will be due on that date, which is caged the "Maturity Date. (B) Place Payment shall be made at 12377 MERIT DR, #600, PO BOX 809089, DALLAS, TEXAS 75251, or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. S 363.28. This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to This Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with t16 Note, the covenants of the ailonge shall be incorporated into and shall amend and supplement the covenants of this Note as it the alonge wen a part of this Note. )Check applicable box.) ? Graduated Payment Allonge ? Growing Equity Allonge ? Other (Specify) 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. header shall accept prepayment on other days provided that borrower pays interest on of the the amount prepaid for the remainder of the monto?? client required bg Lender end perm ttedm mho amount of the w0l be no the dr Secretary. If Borrower makes a partial prepayment monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S ALate Charts tar Overdue Payments wlled late If Lender of this Note,rby the and of FIFTEENy capaymet required by the l ndar days after he payment isslduetLendert described Paragraph charge in the amount of 4.00 % of the overdue amount of each payment. (B) Default than Lender may, except as limited by If Borrower defaults by failing to pay in full any monthly payment, regulations of the Secretary in the lasts of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to uercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Leader's rights to require immediate payment in fug in the cam of payment defaults. This Note does not authorize acceleration when not pumitted by HUD regulations. As used in this Note, "Secretary' meant the Secretary of Housing and Urban Development or his or her designee. (C) Payment of costs and mrpensas If Lender has required immediate payment in full, as described above, lender may require Borrower to pay costs and expensw law. Such as and =is shall bar customary t from he date of disbursement at the same rate as the principal reasonable and by applicable pal of this Note. P C o as MULTISTATE FHA NOTE i or z Pao-s) 111111111111111111111131111111111 S25yoox09e0000e7e7472 y /i. ow,r and any other Person who has Obligations under tho Note waive the rights of presentoNotice ment of dishonor' i. WAIVERS and m o ight amo ts due' muchoounthe •rPlght roramat're Lendpheto to require otherepenomllat amounu mist have not bee paid. give Borrower Borrower Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will a. GIVING OF NOTICES class mail given by delivering it o?n ^ get mobs of Borrower's different aat the property address above or at a different address if borrower has g . to Lender stated in Paragraphs 4(B)nor be given to er under this Note will be ven at a different address if Borrower is given a no ice oofir ftthat ditfferent address. at rhea address An notice 9 more than S F PERSONS PERERSONS UNDER THIS NOTE anon who is e to keep surety or promise; If F more re than one e person this Note, each ch person is fogy and personally obligated to keep all of the promises made in this Note, including the promise to pay the foil amount who akes vet these obligations, including the obh'gatiom of this Note is also obligated to do these things. Any person all of the promises made in this Note. Lender of a guarantor, surety or endorser of this Note, is also obligated to keep may enforce its ainst all lining this Notrights under this Note against each the person amounts mwed individually or ag his Nul signatories together. Any one person under s may be BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. :U1:aa•••"e-eh .............(Seal) ..... 'P -a,rt w ROBERT L 600DHARp 1; ..............(Seal) OANN M GOODHARf -Batt « (Sign Odglnal Only) l f!mry, (paps 1 of P P998 6) ?, yd{ir Loan No: 08787472 Borrower: ROBERT L G(>....JHART Tex Parcel Identification Number: J-EDS _,1tID COUNT!'- PA '98 NOU 9 817110 7 Return to: ACCUBANC MORTGAGE CORPORATION P.O. BOX 809068 DALLAS, TEXAS 75380-9068 [Space Above This Une For Recording Data] Data ID: 674 -- ;3ej FHA QW Na 1 441-5850922 703 MORTGAGE THIS MORTGAGE ("Security Instrument") is given on the 6th day of November, 1998. The mortgagor is ROBERT L GOODHART AND JOANN M GOODHART whose address is 44 E. PENN ST., CARLISLE, PENNSYLVANIA 17013 ("Borrower"). This Security Instrument is given to ACCUBANC MORTGAGE CORPORATION, A CORPORATION, which is organized and existing under the laws of the State of TEXAS, and whose address is 12377 MERIT DRIVE, #600, P.O. BOX 809089, DALLAS, TX 75251 ('Under"). Borrower owes Lender the principal sum of FIFTY-FOUR THOUSAND SIX HUNDRED THREE and NO/100-----Dollars (U.S. $ 54,603.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on November 1, 2028. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the City of CARLISLE, CUMBERLAND County, Pennsylvania: PENNSYLVANIA FHA MORTGAGE 10/95 (Page 1 of 7 Pages) em 1496 PAGE . 8 SEE ATTACIED which has the address of 44 E PENN ST., CARLISLE, Is"etl [Gbl Pennsylvania 17013 ("Property Address"); tnP code] TOOEmrR Wrru all the improvements now or hereafter erected on the property, and all easements, appurtenances' and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COvpNANrS that Borrower is lawfully seised of the-estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record Tate SECURM INmUMExr combines uniform covenants for national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM CovENANIS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. thly 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monand payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender music my w??tgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any y such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ti) a monthly charge instead of a mortgage insurance premium if this Se Security Instrument is held by the Secretary, iin a reasoned are call amount to be determined by the Secretary. Except for the charge by the "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the ures maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement e? from Act of 1474, 12 U.S.C. § 2601 et sea. and implementing regulations, 24 CFR Part 3500, as they may time to time ("RESPA ), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not,be based on amounts due for the mortgage insurance premium " 10/95 (Page 2 or 7 Pages) eoo11496rac?. ? Loan No: 08787472 W ` ^ Data ID: 674 If the amounts held by Lender for Escrow Items excecd-the am&.:its permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any tame are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any.balancc remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First. to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. Ail insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal 'shall not extend or postpone thedue date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due eoo* 1496 racL 10 10/96 (Paps 3 or 7 Pages) date of the monthly payments, which are referred to in paragraph 2, os change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. Borrower shall pay all 7. Charges to Borrower and Protection of Lender's Rights in the Property. governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed.the payment If failure to pay, would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fads to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8, Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (it) Default Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the GarnSt Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if.. (i) All or pan of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 90 days from the date hereof, Lender may, at its option require immediate payment in full of all sums secured by this Security Instrument A written statement of any authorized agent of the Secretary dated subsequent to 90 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit. a mortgage insurance premium to the, Secretary. . 10. Reinstatement Borrower, has a right, to be reinstated if Lender his required. immediate payment in Rill es even because of Borrower's failure to pay an amount due :under the Note or this Security Instrument This right appli after foreclosure proceedings are instituted To reinstate the Security Inetitinieat, Botmwir shall tender inza hiaip;iuiin all amounts required to bring Borrower's account cturent including, to the eitent they are obhgauons of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorney's fees and expenses pioperly associated 10/95 (Page 4 or 7 Pages) gooK1496racy, 11 Loan No: 06787472 Data ID: 674 yyith the foreclosure pro ding. Upon reinstatement by Borrower, this ;^urity Instrument and the obligations that it secures Shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (H) reinstatement will preclude foreclosure on different grounds in the future, or (iu) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand [Wade by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co- signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to mend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severabtlity. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision. or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this-Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM CovERAm. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Bood496 AGF. V 10/95 (Page 5 of 7 Pages) Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this ,paragraph,l7. . % Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate airy other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires Immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under paragraph 9, the Secretary may Invoke the nonjudiciall power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et sea•1 by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time tinder she .Note:..-.. 24. Riders to this Security Instrument If one or more riders are executed by Borrower r%4 rt:aprtleifl4g tIiyi with this Security Instrument, the covenants of each such rider shall be incorporated into and shall aiiienit8nd?trpple?_it7t?t the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Sectint'?i Tt?trumL?tt,.[CVicfl f , applicable box es)]. N. ? Condominium Rider ? Growing Equity Rider .. _, . ? Planned Unit Development Rider ? Graduated Payment Rider ? Other [specify] eood49 pAx 13 10/96 (Pepe 6 of 7 Pe00s) Loam No: 08787472 Data ID: 674 $x S[GmNG BEow, Borrower accepts and agrees to the terms contained in this security Instrument and in any rider(s) executed by Borrower and recorded with it. .......................................................................................(Seal) (Printed Name) .......................................................................................(Seal) nted Name) ad: ................. ? ....... (Seal) ROB RT L GOODHART -Borrower y? ...r ......(Seal) M GOODHART -Borrower [Space Below This Une For AWWWWWpmentl Commomvealt"f PENjd$YLVANIA § County of § On this the day of , r r"t 19Ubefore me, the undersigned officer, personally appeared ROBERT L GOODHART AND JOANN M GOODHART known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained In witness who and official seal =EYL UL SEAL My commission expires: CERTIFICATE OF RESIDENCE I, do hereby certify that the correct address of the DRIVE, #600, P.O. BOX 8C9089, DALLAS, TX 75251, witness my hand this (Seat) A. RTZ, Nt>tary PuDI? J uiphN Cotmry spl res Apd18, 2002 Boax M96 racE L J Y day of 14 I o)Ya (Page 7 of 7 Peg") GMAC Mortgage NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE DATE: February 19, 2002 CERTIFIED MAIL NO. Z TO: ROBERT L. GOODHART 44 E PENN ST. CARLISLE, PA 17013 RE: MORTGAGE LOAN NUMBER: 306583104 MORTGAGED PREMISES: 44 E PENN ST. CARLISLE, PA 17013 First Mortgage Loan Servicing 3451 Hammond Ave FO Box 780 LOAN BALARWAoo L150704-0780 w .gmacmoatgagex m This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above premises, or is the mortgage service agent for such holder. (Hereinafter referred to as we, us or ours). As of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because you have not made the December 1, 2001 and subsequent monthly payments as listed, and/or for other reasons as indicated below:* 1 payments ® $510.39 $510.39 2 payments m $520.34 $1,040.68 Accrued late charges ...............................$95.86 NSF Check Fees ......................................$0.00 All other fees accrued to date .....................$36.95 * Less available suspense credits ....................$0.10 The total amount now required to cure this default, or in other words, get caught up in your payments as of the date of this letter is ....................................$1,683.78 You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at, or sent to: 3451 Hammond Avenue, P.O. Box 780, waterloo, IA 50704-0780. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay DMS5-BRCHPAC (Page 1 of 2) February 19, 2002 Page 2 306583104 off the debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. Remember you are also responsible for keeping all real estate taxes current. We may also sue you personally for the unpaid balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately one-hundred and fifty (150) days from the date of this letter. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-850-4622. The payment must be in cash, cashier's check, certified check or money order and made payable to us at the address previously stated. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. NOTICE - This is an attempt to collect a debt and any information obtained will be used for that purpose. You have additional rights to help protect your interest in the property. YOU 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. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, (AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THE RIGHT MAY EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. DMSS-BRCHPAC (Page 2 of 2) GMAC Mortgage NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE DATE: February 19, 2002 CERTIFIED MAIL NO. Z TO: JOANN M. GOODHART 44 E PENN ST. CARLISLE, PA 17013 RE: MORTGAGE LOAN NUMBER: 306583104 MORTGAGED PREMISES: 44 E PENN ST. CARLISLE, PA 17013 First Mortgage Loan Servic6,g 3451 Hammond Ave PO Box 780 LOAN BALA1%Wjioo IA50704-0780 ?.gm1cm0stg2ge.com This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above premises, or is the mortgage service agent for such holder. (Hereinafter referred to as we, us or ours). As of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because you have not made the December 1, 2001 and subsequent monthly payments as listed, and/or for other reasons as indicated below:* 1 payments a $510.39 $510.39 2 payments ® $520.34 $1,040.68 Accrued late charges ...............................$95.86 NSF Check Fees ......................................$0.00 All other fees accrued to date .....................$36.95 * Less available suspense credits ....................$0.10 The total amount now required to cure this default, or in other words, get caught up in your payments as of the date of this letter is ....................................$1,683.78 You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at, or sent to: 3451 Hammond Avenue, P.O. Box 780, Waterloo, IA 50704-0780. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay DMS5-BRCHPAC (Page 1 of 2) February 19, 2002 Page 2 306583104 off the debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. Remember you are also responsible for keeping all real estate taxes current. We may also sue you personally for the unpaid balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately one-hundred and fifty (150) days from the date of this letter. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-850-4622. The payment must be in cash, cashier's check, certified check or money order and made payable to us at the address previously stated. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. NOTICE - This is an attempt to collect a debt and any information obtained will be used for that purpose. You have additional rights to help protect your interest in the property. YOU 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. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, (AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THE RIGHT MAY EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. DMS5-BRCHPAC (Page 2 of 2) a? rr? cf ?s o? 0 N a -c W W .F- 0 =ri L Ti ?7 1 O rT' --4 (03 SHERIFF'S RETURN - REGULAR CASE NO: 2002-02305 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS GOODHART ROBERT L ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GOODHART ROBERT L the DEFENDANT , at 1148:00 HOURS, on the 13th day of May , 2002 at 44 E PENN STREET CARLISLE, PA 17013 by handing to MICHAEL COPE, ADULT IN CHARGE 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: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this 9,? day of ?j A.D. zothonotary So Answers: -Z4? R. Thomas Kline 05/14/2002 KATZ ETTIN LEVINE By: r Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-02305 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS GOODHART ROBERT L ET AL CPL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon T JOANN M DEFENDANT the at 1148:00 HOURS, on the 13th day of May , 2002 at 44 E PENN STREET CARLISLE, PA 17013 MICHAEL COPE, ADULT IN CHARGE by handing to 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: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 34,o_ day of ?2(tD? A. D. Prothonotary So Answers: ?0-- R. Thomas Kline 05/14/2002 KATZ ETTIN LEVINE By: Deputy Sherif OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 CUMBERLAND COUNTY PROTHONOTARY TO: Robert L. Goodhart Joann M. Goodhart 44 E. Penn Street 44 E. Penn Street Carlisle, PA 17013 Carlisle, PA 17013 GMAC MORTGAGE CORPORATION 500 Enterprise Road Horsham, PA 19044 Plaintiff, V. ROBERT L. GOODHART JOANN M. GOODHART 44 E. Penn Street Carlisle, PA 17013 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY 02-2305 NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against u in the abovelcapti ne roceeding as indicated below. Cumberland County Prothon [XX] Judgment entered by Default IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Rob Saltzman, Esquire, Attorney ID #53957 PLUESE, ETTIN, BECKER & SALTZMAN A DIVISION OF KATZ, ETTIN & LEVINE, PA 905 N. Kings Highway Cherry Hill, NJ 08034 856-667-6440 Attorneys for Plaintiff PLUESE, ETTIN, BECKER & SALTZMAN A Division of Katz, Ettin & Levine, P.A. Attorneys At Law 905 N. Kings Highway Cherry Hill, NJ 08034 Rob Saltzman, Esquire Attorney ID NO.: 53957 856-667-6440 Attorney for Plaintiff 77045 GMAC MORTGAGE CORPORATION 500 Enterprise Road Horsham, PA 19044 Plaintiff, V. ROBERT L. GOODHART JOANN M. GOODHART 44 E. Penn Street Carlisle, PA 17013 Defendants. TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY 02-2305 PRAECIPE TO ENTER JUDGMENT AND ASSESSMENT OF DAMAGES Kindly enter Default Judgment in favor of Plaintiff, GMAC Mortgage Corporation., and against Defendant(s), Robert L. Goodhart and Joann M. Goodhart, for failure to file an Answer to Plaintiffs Complaint in Mortgage Foreclosure within twenty (20) days from service thereof. Service was made on the Defendant(s) by the Sheriff of Cumberland County as follows: Robert L. Goodhart, served May 13 , 2002 Robert L. Goodhart, served May 13, 2002 Assess Damages as follows: Total Demand in Complaint Interest due and owing at the rate of $10.15 per diem from May 10, 2002 to July 1, 2002 TOTAL JUDGMENT TO BE ENTERED $58,305.85 $527.80 $58,833.65 PLUESE, ETTIN,BECKER & SALTZMAN Rob Saltzman, Esquire Attorneys for Plaintiff PLUESE, ETTIN, BECKER & SALTZMAN A Division of Katz, Ettin & Levine, P.A. Attorneys At Law 905 N. Kings Highway Cherry Hill, NJ 08034 Rob Saltzman, Esquire Attorney ID NO.: 53957 856-667-6440 Attorney for Plaintiff 77045 GMAC MORTGAGE CORPORATION 500 Enterprise Road Horsham, PA 19044 Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY 02-2305 ROBERT L.GOODHART JOANN M. GOODHART 44 E. Penn Street Carlisle, PA 17013 Defendants. CERTIFICATION OF ADDRESSES I, Peter J. Bodine, Paralegal, of the Law Firm of Pluese, Ettin, Becker & Saltzman, Attorney for Plaintiff, GMAC Mortgage Corporation, hereby certify that the Plaintiff s correct address is 500 Enterprise Road, Horsham, PA, and the last known address of each Defendant is as below. Robert L. Goodhart, 44 E. Penn Street, Carlisle, PA 17013 Joann M. Goodhart, 44 E. Penn Street, Carlisle, PA 17013 I certify that the foregoing information is true and correct to the best of my knowledge, information and belief. Sworn to and Subscribed before me !As .1 ?.?•l, day of ? , 2002. PLUESE, ETTIN, BECKER & SALTZMAN By: &Ak- e Peter J. B ine, Paralegal JENNIFER EISER NOTARY PUBLIC OF NEW JERSEY W COMMISSION EXPIRES 9tIQrLtIll4 SHERIFF'S RETURN - REGULAR C?:SE NO: 2002-02305 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE CORPORATION VS GOODHART ROBERT L ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon T ROBERT L DEFENDANT the , at 1148:00 HOURS, on the 13th day of May , 2002 at 44 E PENN STREET CARLISLE, PA 17013 by handing to MICHAEL COPE. ADULT IN CHARGE 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: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 05/14/2002 KATZ ETTIN LEVINE By: Deputy Sheriff Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-02305 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS GOODHART ROBERT L ET AL CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GOODHART JOANN M . the DEFENDANT , at 1148:00 HOURS, on the 13th day of May 2002 at 44 E PENN STREET SLE, PA 17013 by handing to MICHAEL COPE, ADULT IN CHARGE 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: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 05/14/2002 KATZ ETTIN LEVINE By: Deputy Sheriff'- -Prothonotary Pluese, Ettin, Becker & Saltzman A Division of Katz, Ettin & Levine, PA Rob Saltzman, Esquire Attorney Identification No.: 53957 905 North Kings Highway Cherry Hill, New Jersey 08034 (856) 667-6440 Attorney for Plaintiff 77045 GMAC MORTGAGE CORPORATION 500 Enterprise Road Horsham, PA 19044 Plaintiff, V. ROBERT L.GOODHART JOANN M. GOODHART 44 E. Penn Street Carlisle, PA 17013 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND S.S. I, Rob Saltzman, being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained either by or an behalf of the Plaintiff herein named and that such investigations and/or records indicate that the above-named Defendant(s) is/are not in the Military or Naval Service of the United States of America or its Allies as defined by the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Robert L. Goodhart Age: Over 18 Residence: 44 E. Penn Street, Carlisle, PA 17013 Employment: Unknown Defendant: Joann M. Goodhart Age: Over 18 Residence: 44 E. Penn Street, Carlisle, PA 17013 Employment: Unknown PLUESE, ETTIN, BECKER & SALTZMAN By; Attorney for Plaintiff Sworn to and subscribed before me thiso-6 day o ?011-2002. JENNIFER EISER PUBLIC OF NEW JERSEY ?MOWN PLUESE, ETTIN, BECKER & SALTZMAN A Division of Katz, Ettin & Levine, P.A. Attorneys At Law 905 N. Kings Highway Cherry Hill, NJ 08034 Rob Saltzman, Esquire Attorney ID NO.: 53957 856-667-6440 Attorney for Plaintiff 77045 GMAC MORTGAGE CORPORATION 500 Enterprise Road Horsham, PA 19044 Plaintiff, V. ROBERT L.GOODHART JOANN M. GOODHART 44 E. Penn Street Carlisle, PA 17013 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY 02-2305 CERTIFICATION OF MAILING I, Peter J. Bodine, Paralegal, of the Law Firm of Pluese, Ettin, Becker & Saltzman, Attorneys for Plaintiff, hereby certify that I forwarded to the following Defendant(s) on the date(s) listed, by regular mail, a copy of the Notice of Intention to take Default Judgment, Rule 237.1: Robert L. Goodhart, 44 E. Penn Street, Carlisle, PA 17013 Joann M. Goodhart, 44 E. Penn Street, Carlisle, PA 17013 PLUESE, ETTIN, BECKER & SALTZMAN By: Peter J. B dine, Paralegal Pluese, Ettin, Becker & Saltzman The Mortgage Foreclosure Division of Katz, Ettin & Levine Rob Saltzman, Esquire Attorney Identification No.: 53957 905 N. Kings Highway Cherry Hill, NJ 08034 (856) 667-6440 Attorney for Plaintiff 77045 GMAC MORTGAGE CORPORATION 500 Enterprise Road Horsham, PA 19044 COURT OF COMMON PLEAS CUMBERLAND COUNTY 02-2305 Plaintiff, V. ROBERT L.GOODHART JOANN M.GOODHART 44 E. Penn Street Carlisle, PA 17013 Defendant(s). NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa. R.C.P. 237.1 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 asserted against you. Unless you act within ten (10) days from the date of this Notice as set forth below, a Judgment may be entered against you without a hearing and you may lose your property or other important rights and may be liable for money damages. You should take this Notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTIFICACION IMPORTANTE Usted esta en incumplimiento de su oblicaci6n legal de presentar, ya sea personalmente o por medio de su abogado, una declaraci6n por escrito y por no haber presentado por escrito sus defensas a los cargos que se ban presentado en su contra. Si usted no toma acci6n dentro de diez (10) dias de la fecha de esta Notificaci6n, se registrara una sentencia en su contra sin audiencia y usted podri perder su propiedad u otros derechos importantes y podra ser responsable por danos monetarios. Usted debe llevar esta Noticia a un abogado enseguida. Si no tiene abogado o no tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuyo numbre se encuentra abajo para conseguir asistencia legal. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 Date of Notice: June 13, 2002 PERSONS SERVED: Robert L.Goodhart Joann M.Goodhart 44 E. Penn Street 44 E. Penn Street Carlisle, PA 17013 Carlisle, PA 17013 PLUESE, ETTIN, BECKER & SALTZMAN aid an, Esquire Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Confessed Judgment GMAC Mortgage Corporation V. ( ) Other Robert L. Goodhart File No. 02-2305 Joann M. Goodhart Amount Due $58,833.65 Interest $1,537.53 Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland for debt, interest and costs, upon the following described property of the defendant(s) County, 44 East Penn Street, Borough of Carlisle, PA 17013 See Legal Description Attached PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland costs, as above, directing attachment against the above-named garnishee(s) for County, for debt, he following property (ifareal estate, supply six copies of the description; supply four copies of lengthy personalty list) See Legal Description Attached and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date August 1, 2002 Signature: Print Name: Rob ¢ai r " ?squi?a Address: 905 N. Kings Highway Cherry Hill, NJ 08034 Attorney for: Plaintiff. GMA Mor gng nnrp- Telephone: 856-667-6440 Supreme Court ID No.: (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.R No. 3129). n C? C ?1\1 If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. C ? ?' c ?C CyQ l C N ? L '77: r DESCRIPTION ION ALL THAT CERTAIN lot or ground situate in the' First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of East Penn Street at corner of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or formerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, 11 feet 1 inch to the place of beginning. BEING improved with a dwelling house known No. 44 East Penn Street, Carlisle, PA 17013. TAX PARCEL #20-1800-335 PLUESE, ETTIN, BECKER & SALTZMAN The Mortgage Foreclosure Division of KATZ, ETTIN & LEVINE Attorneys At Law Rob Saltzman, Esquire / I.D. No. 53957 905 North Kings Highway Cherry Hill, NJ 08034 (856)667-6440 Attorney for Plaintiff 77045 GMAC MORTGAGE CORPORATION 500 Enterprise Road Horsham, PA 19044 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-2305 Plaintiff, V. ROBERT L. GOODHART JOANN M. GOODHART 44 E. Penn Street Carlisle, PA 17013 Defendant(s). AFFIDAVIT UNDER PA. RCP RULE 3129 GMAC Mortgage Corporation, Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 44 East Penn Street, Borough of Carlisle, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each owner and/or Reputed Owner: Robert L. Goodhart 44 E. Penn Street Carlisle, PA 17013 Joann M. Goodhart 44 E. Penn Street Carlisle, PA 17013 2. Name and address of each Defendant named in the judgment: Robert L. Goodhart 44 E. Penn Street Carlisle, PA 17013 Joann M. Goodhart 44 E. Penn Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Borough of Carlisle 53 W. South Street Carlisle, PA 17013 Carlisle Area School District 623 W. Penn Street Carlisle, PA 17013 Carlisle Borough Water & Sewer 53 W. South Street Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Collector One Courthouse Square Carlisle, PA 17013 Department of Welfare Cumberland County Division 33 Westminister Drive PO Box 599 Carlisle, PA 17013-0599 4. Name and address of the last recorded holder of every mortgage of record: GMAC Mortgage Corporation, Plaintiff herein 500 Enterprise Road, Suite 150 Horsham, PA 19044 Citifinancial Inc. 1 Valley Street, Ste. 103 Carlisle, PA 17013 5. Name and address of every other person or entity which has any record lien on the property: None. 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 2112 East Cambria Street Philadelphia, PA 19134 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, 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. Date: July 31, 2002 PLUESE, ETTIN, BY: / ltzman, Esquire ey I.D. No. 53957 PLUESE, ETTIN, BECKER & The Mortgage Foreclosure KATZ, ETTIN & LEVINE Attorneys At Law Rob Saltzman, Esquire / 905 North Kings Highway Cherry Hill, NJ 08034 (856) 667-6440 Attorney for Plaintiff SALTZMAN Division of I.D. No. 53957 GMAC MORTGAGE CORPORATION 500 Enterprise Road Horsham, PA 19044 Plaintiff, V. ROBERT L. GOODHART JOANN M. GOODHART 44 E. Penn Street Carlisle, PA 17013 Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-2305 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert L. Goodhart 44 E. Penn Street Carlisle, PA 17013 Joann M. Goodhart 44 E. Penn Street Carlisle, PA 17013 Your house at 44 East Penn Street, Borough of Carisle, Cumberland County, is scheduled to be sold by the Cumberland County Sheriff's Department to enforce the Court judgment of $58,833.65 obtained by GMAC Mortgage Corporation against you. The Sheriff's Sale will be conducted on Wednesday, December 4, 2002, at 10:00 A.M., at the Cumberland County Courthouse, Commissioners Hearing Room, One Courthouse Square, Carlisle, Pennsylvania, or, in the alternative, at a location to be determined by the Cumberland County Sheriff's Department. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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 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 by calling Rob Saltzman, Esquire at (215) 546- 3205, or by calling the Cumberland County Sheriff's Department at (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 bid in the sale. To find out if this has happened, you may call Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (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 had never happened. ertY-Until the iff to remain in She-rProp nd eh b em ay YOU have the due is Paid to At that time, th S. full amOaeed to the bilSeto evict Y°u• which was gives a al Proceeding the money of the bring leg to a sharee of distrib etcumberland be entitled A schedul filed by Ih om the date 6. Yaid for Y°ur hour house Will e thibtY 13 01 dstat rwho will bn ays money bid for Yon or about edUle will d out sch 11 be Pal 1r sons eriff s wi y tions ea county .f s Sale. Thi The mone ceP exare filed with of Sheriff that money edule unless acco t the Pr pos d dis nY blOlodaYs afte rlthe distribution receivillg t is sc. whye Sheriff withi of sheet is Posted. defenses, or ways e ),ts arid may also have Cher ifY°u aca immediately after th 7 You house DO NOT getting Y°ur YE R ONCE. IF YOU sale. LAW R AT Og TELEPHONE THE OFFICE YOUR THIS PAPER TO ONE, OO HELP• YOU SHOULD TAKE CANNOT AFFO CAN GET IBGAL fIAVE A LAWYER OR WHERE YOU of the Cumberland Bar Association BELOW TO FIND OUT LaWyer Referral Service 2 Liberty A 17013 Carlisle, 3166 1'7171 249- ALL TI Cumber BEGINT` Emlet; tt along the of an alle Walters ai point; they the same 4 11 feet 1 h BEING iml rcnn street, Carlisle, PA 17013 TAX PARCtL #20-1800-335 DESCRIPTION ALL THAT CERTAIN lot or ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of East Penn Street at corner of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or formerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, I1 feet 1 inch to the place of beginning. BEING improved with a dwelling house known No. 44 East Penn Street, Carlisle, PA 17013. TAX PARCEL #20-1800-335 b' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-2305 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION Plaintiff (s) From ROBERT L. GOODHART AND JOANN M. GOODHART, 44 EAST PENN STREET, BOROUGH OF CARLISLE, PA 17013 (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 $58,833.65 Interest $1,537.53 Any's Comm % Atty Paid $119.45 Plaintiff Paid Date: AUGUST 20, 2002 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) REQUESTING PARTY: Name ROB SALTZMAN, ESQUIRE Address: 905 N. KINGS HIGHWAY CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-667-6440 Supreme Court ID No. 53957 ?BPrrothonoyttaar/ Deputy I Cr) I Pluese, Ettin, Becker & Saltzman The Mortgage Foreclosure Division of Katz, Ettin & Levine Rob Saltzman / I.D. No. 53957 905 North Kings Highway Cherry Hill, NJ 08034 (856) 667-7175 Attorney for Plaintiff 77045 GMAC MORTGAGE CORPORATION Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. ROBERT L. GOODHART JOANN M. GOODHART Defendant(s) No. 02-2305 CERTIFICATION OF NOTICES OF SALE TO LIENHOLDERS I, Jennifer Eiser, Paralegal to Rob Saltzman, Esquire, attorney for Plaintiff, hereby certify that upon information and belief, diligent efforts have been made to identify all persons/entities having mortgages, judgments, liens, or other interest in the subject premises of the foreclosure proceeding. The efforts made include, but are not limited to a review of the court dockets and those interests or encumbrances disclosed by the Cumberland County Recorder of Deeds Office's records. Due to circumstances beyond the control of the undersigned, the Cumberland County Recorder of Deeds' records are accurate and report liens or interests recorded through July 10, 2002 ONLY, and it is not possible for the undersigned to search beyond that date at this time or ascertain the identity of any subordinate lienors whose interests have been recorded after the cover date. The undersigned further certifies that, upon information and belief, all persons/entities having mortgages, judgments, liens, or other interest in the subject premises, and as limited by the circumstances hereinbefore described, have been sent Notices of Sheriff's Sale (attached hereto as Exhibit "A") and that said Notices were duly served upon them in accordance with Pennsylvania Rule of Civil Procedure Rule 3129. (Proof of mailing with a postmark date of October 7, 2002 is appended hereto and incorporated herein by reference as Exhibit "B"). I declare under penalty of perjury that the foregoing is true and correct. October 7, 2002 PLUESE, ETTIN, BECKER & SALTZMAN --?, w / zll? . fer E' r, Paralegal t7otocrney b Salt an, Esquire for Plaintiff LAW OFFICES PLU 'E, ETTIN, BECKER & SALT' IAN The Mortgage Foreclosure Division of KATZ, ETTIN & LEVINE A PROFESSIONAL CORPORATION MARTIN S. ETTIN OF COUNSEL: WILLIAM C. LEVINE ROB SALTZMAN 905 NORTH KINGS HIGHWAY LEWJS KATZ ROBERT T. PLUESE P. O. Box 5080 BARBARA A. FEIN SANFORD J. BECKER ROBERT F. THOMAS CHERRY HILL, NI 08034-5080 JEFFREY W. GERBER KIMBERLE L. BRUCKNO MOORE (856) 667-6440 / (856) 667.7175 FACSIMILE: (856) 667-1866 HON. NORMAN HEINE (1907-1994) Please Refer to File #: 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)546-3205 October 3, 2002 NOTICE OF CUMBERLAND COUNTY SHERIFF'S SALE To:All Interested Parties Owner(s): Robert L. Goodhart and Joann M. Goodhart Property: 44 East Penn Street, Carisle, PA Court No. 02-2305 Please be advised that the above-referenced property (and any improvements thereon) is scheduled to be sold by the Cumberland County Sheriff's Department on Wednesday, December 4, 2002 at 10:00 A.M., at the Cumberland County Courthouse, Commissioners Hearing Room, One Courthouse Square, in Carlisle Pennsylvania.. This sale is scheduled pursuant to a foreclosure judgment entered in the amount of $58,833.65 in the Court of Common Pleas for Cumberland County. Available records indicate that you may have an interest in or judgment encumbering the mortgaged property which may be extinguished (removed) by the sale. You may wish to attend the sale or otherwise act to protect your interests and we urge you to consult counsel to protect your rights. If you are not in a position to retain private counsel, you may be eligible for subsidized representation via the Bar Association in your county, whose number is available from directory assistance. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. You may call the Cumberland County Sheriff s Department at (717) 240-6390 for the date on which the Distribution Schedule will be posted. Sincerely, PLUESE, ETTIN, BEQ?ER & SALTZMAN BY: DESCRIPTION ALL THAT CERTAIN lot or ground situate in the First Ward of the Borough of Carlisle, Count of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of East Penn Street at corner of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or formerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, 11 feet 1 inch to the place of beginning. BEING improved with a dwelling house known No. 44 East Penn Street, Carlisle, PA 17013. TAX PARCEL #20-1800-335 For Accountable Mail Dz? 0 3 GO 4 m Q d CAD A ,?? Cn A W N s O O OD v O - (T A CO N CD R>Z U) CL 3 (D 0. M Q Q g ? y a ? J J ? J Z D T P 0 P Q g 3 3p CA QA DO Z ?z 3 _ _ D O » .moo S O=m r 03 :1 o zz x r' 0 CI) r J 00 m ?- 0' < 0 N 3 W p =m m N Q VJ a N _ C') V O C) 's J m m ?3 U v p1. x3_o? 0 O y ;c T3 m N w p D ?amL " f* 3Jt! ' LD. OR S (? '3 lSDd o m pyp 13 i 0y m O AS 47 t ?3 .4 -. n2 ??Dn $ a3 m ma _L`, Fem. tai 3 ?c , a 0 ? ,c. NHm ??O (pp N a V N y O ?WN N C2m • . pd m C W ?np ON ^ O pC r N C N C Q 6 0 m 0 y 00 _ m m 0 7 m omg m n ?v?3: N PS dy c 0 " F m O. N;t]?OOO ?N o e?niimd'& me 3 c= m . O?3§A3 m c mm O c Sepep 3.m3n' m i _ Ow O p 3 a2» M 3 y O O a ?' 3 c c g m m O_a j ?°. 3 m m 3 p wan p W O M M ?9 m 4 ym.m 0 o S 3 A O S p Q m D d S y y fD 72 N NN mntOim 3"m ? T f» 2 T(n 0 0 ? coo. N 3 f/ O? m . ? p o. R $ 3 3 25 3 m cn N a. . . ?+6 p33 °?° m2 maa?m3, ? o 3-y- ym ?.y 2 ?. m 3 O p 3 = t 1 m9j KCA n c a m f @ m 9=H 2 I C ) -kn Z '? Ttr PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC Mortgage Corporation Plaintiff v. Robert L. Goodhart Joann M. Goodhart Defendant(s) To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-2305 Issue Writ of Execution in the above matter: Date: December 6, 2005 Note: Please attach description of Property. AMOUNTDUE INTEREST From 6/28/02 to 3/8/06 at $9.67 per diem Total (Costs to be added) $58,833.65 $13,035.16 $71,868.81 kob Saltzman, Esquire Attorney for Plaintiff 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 (856) 813-1700 Attorney ID No.: 53957 u0u?o3's z o oz .5 d v'i ? Q+ YY O N O 00 C7 C7 N O W W U ? I r' ? ?i Y ? W d?D H u ?1 V1 1^ F Ly w N? V l Y ` w a) ` ? V V 4 V [hh[hh\\ 3 w P. O w I y , O ?n o r ? r A t1, r N N U ? r N v Y n J r N Q4 W It U Yr `y C ( Y ALL THAT CERTAIN lot or ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of East Penn Street at corner of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or formerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, 11 feet 1 inch to the place of beginning. Being improved with a dwelling house known as No. 44 E. Penn Street, Carlisle, PA 17013 Being Parcel No. 20-1800-335 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-2305 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From ROBERT L. GOODHART AND JOANN M. GOODHART (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 $58,833.65 L.L. Interest FROM 6/28/02 TO 3/8/06 AT $9.67 PER DIEM - $13,035.16 Any's Comm % Any Paid $716.43 Plaintiff Paid Date: DECEMBER 7, 2005 (Seal) Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary By: Deputy REQUESTING PARTY: Name ROB SALTZMAN, ESQUIRE Address: 20000 HORIZON WAY, SUITE 900 MOUNT LAUREL, NJ 08054 Attorney for: PLAINTIFF Telephone: 856-813-1700 Supreme Court ID No. 53957 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Robert L. Goodhart Joann M. Goodhart Debtors CHAPTER 13 GMAC Mortgage Corporation as Servicer for BANKRUPTCY NO. 102-bk-06575 the Mortgagee of Record Movant V. Robert L. Goodhart Joann M. Goodhart Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of GMAC Mortgage Corporation as Servicer for the Mortgagee of Record (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 1 1 U.S.C. 362 is modified with respect to premises, 44 East Penn Street, Carlisle, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. Bv the (nowt. 13,v1 IuElth Judo' (Jk) This electronic order issigned and filed on the same date. Dated: November 2, 2005 PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. 453957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 GMAC Mortgage Corporation Plaintiff, V. Robert L. Goodhart Joann M. Goodhart Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket #02-2305 I, Rob Saltzman, Esquire, Attorney for Plaintiff, GMAC Mortgage Corporation, hereby certify that the last known address(es) of the Defendant(s) is/are as below: Robert L. Goodhart, 44 E. Penn Street, Carlisle, PA 17013 Joann M. Goodhart, 44 E. Penn Street, Carlisle, PA 17013 I certify that the foregoing information is true and correct to the best of my knowledge, information and belief Respectfully submitted, PLUESE, BECKER & SALT LLC BY: Rob tzman, Esquire At mnev for Plaintiff PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 GMAC Mortgage Corporation Plaintiff, V. Court of Common Pleas Cumberland County Robert L. Goodhart Joann M. Goodhart Defendant(s). Docket #02-2305 I, Rob Saltzman, Esquire hereby certify that I am the attorney of record for the Plaintiff, GMAC Mortgage Corporation in this action against real property and I further certify that this property is: ( ) FHA - Tenant Occupied or Vacant ( ) Commercial (X) That the Plaintiff has complied in all respects with Section 403 of the HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 which may include but is not limited to: (a) Service of Notice of Defendant(s) (b) Expiration of thirty days since the Service of Notice (c) Defendant's failure to request or to appear at a face-to-face meeting with the Mortgagee or with a Consumer Credit Counseling Agency. (d) Defendant's failure to file an application for financial assistance with the Pennsylvania Housing Finance Agency and/or the denial of such application. I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any willfully false material statements given herein. Respectfully submitted, PLUESE, BECKER & TZMAN, LLC BY: R >'Saltzman, Esquire .Attornev for Plaintiff PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 GMAC Mortgage Corporation Plaintiff, V. Robert L. Goodhart Joann M. Goodhart Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket #02-2305 GMAC Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 44 F. Penn Street, Carlisle, PA 17013, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. Name and address of owner(s) or reputed owner (s): Name Robert L. Goodhart Address 44 E. Penn Street Carlisle, PA 17013 Joann M. Goodhart 44 E. Penn Street Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Name Address SAME AS ABOVE 3. None. Name and last address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address 4. Name and address of the last recorded holder of every mortgage of record: Name Address GMAC Mortgage Corporation (Plaintiff) Citifinancial, Inc. 1 Valley Street, Ste. 103 Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Address None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Cumberland Co. Dept. of P.O. Box 320 Domestic Relations Carlisle, PA 17013 Commonwealth of PA P.O. Box 2675 Dept, of Welfare Harrisburg, PA 17105 Carlisle Borough 53 W. South Street Carlisle, PA 17013 Carlisle Borough Sewer System Authority 53 W. South Street Carlisle, PA 17013 Tax Collector 1516 Hemlock Drive P.O. Box 128 Carlisle, PA 17013 PPL Resources, Inc. 40 Roadway Drive Carlisle, PA 17019 UGI 1500 Paxton Street Harrisburg, PA 17104 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property, which may be affected by the sale: Name Address Tenant/Occupant 44 E. Penn Street Carlisle, PA 17013 (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 IS Pa. C.S. #4904 relating to unworn falsification to authorities. AN, LLC December f 2005 PLUESE, BECKER & SAL?CI Date „ 4/ ' j BY: :man, Esquire for Plaintiff r^ 1,, c-? - ' .? ?? " ? :, PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 GMAC Mortgage Corporation Plaintiff, V. Robert L. Goodhart Joann M. Goodhart Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket #02-2305 NOTICE OF SHERIFF'S SAT F OF REAL ESTATE TO: Robert L. Goodhart 44 E. Penn Street Carlisle, PA 17013 Your house at 44 E. Penn Street, Carlisle, PA 17013, is scheduled to be sold by the Cumberland County Sheriffs Department to enforce the court judgment of $58,833.65 obtained by GMAC Mortgage Corporation against you. The Sheriffs Sale will be conducted on March 8, 2006, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 or, in the alternative, at a location to be determined by the Cumberland County Sheriff s Department. NOTICE OF OWNER'S RIGHTS YOT i MAY RF ART F TO PREVENT THIS SHERIFF'S S A IF To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. t 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 STTT I BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS FVFN TF THE SHERIFF'S SAT F DOES 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 by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriffs Department at (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 Rob Saltzman, Esquire at (215) 546-3205, or by calling the Sheriff s office at (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 the 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 this 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 Cumberland County Sheriff on or about 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 Distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your home 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot or ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of East Penn Street at comer of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or fonnerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, I 1 feet I inch to the place of beginning. Being improved with a dwelling house known as No. 44 E. Penn Street, Carlisle, PA 17013 Being Parcel No. 20-1800-335 r-? ? s'; PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 GMAC Mortgage Corporation Plaintiff, V. Robert L. Goodhart Joann M. Goodhart Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket #02-2305 NOTICE OF SHERIFF'S SAT F OF REAL ESTATE TO: Joann M. Goodhart 44 E. Penn Street Carlisle, PA 17013 Your house at 44 E. Penn Street, Carlisle, PA 17013, is scheduled to be sold by the Cumberland County Sheriffs Department to enforce the court judgment of $58,833.65 obtained by GMAC Mortgage Corporation against you. The Sheriffs Sale will be conducted on March 8, 2006, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 or, in the alternative, at a location to be determined by the Cumberland County Sheriff s Department. NOTICE OF OWNER'S RIGHTS YOU MAY RF ABLE TO PREVENT THIS SHERIFF'S SAL F To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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 RF ARTF TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SATE DOES TAKE PT ACF 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff s Department at (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 Rob Saltzman, Esquire at (215) 546-3205, or by calling the Sheriffs office at (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 the 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 this 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 Cumberland County Sheriff on or about 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 Distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your home 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 i ALL THAT CERTAIN lot or ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of East Penn Street at corner of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or formerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, 1 I feet 1 inch to the place of beginning. Being improved with a dwelling house known as No. 44 E. Penn Street, Carlisle, PA 17013 Being Parcel No. 20-1800-335 - ? , t ?_ , __ PLUESE, BECKER & SALTZMAN, LLC Attorneys At Law Rob Saltzman, Esquire / I.D. No. 53957 20000 Horizon Way Suite 900 Mt Laurel, New Jersey 08054 (856) 813-1700 Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, V. ROBERT L. GOODHART JOANN M. GOODHART Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket 902-2305 AFFIDAVIT PURSUANT TO Pa R.C.P. 3129.2 Joseph Giuliano, of full age, being duly sworn, deposes and states the following: 1. I am a Legal Assistant with the firm of Pluese, Becker & Saltzman, LLC, local counsel to the Plaintiff in the above-referenced mortgage foreclosure action. I make this Certification predicated upon personal knowledge, matters of record and documents maintained in our firm's file. 2. Diligent efforts have been made to identify all persons/entities holding mortgages, judgments, liens, or other interest in the subject premises of the foreclosure proceeding. The efforts made include, but are not limited to a review of the Court dockets and those interests or encumbrances disclosed by the records of the Recorder of Deeds Office in the County wherein the subject property is located. Due to circumstances beyond Plaintiff's control, such land records are accurate and report liens or interests recorded through the applicable "cover" or "board" date only, and it is not possible to ascertain the identity of any subordinate lienors whose interests have been recorded after the said cover date. 3. All persons/entities holding mortgages, judgments, liens or other interest in the subject premises, and as limited by the circumstances hereinbefore described, have been provided Notice(s) of Sheriff's Sale. See Exhibit "A", Notice of Sheriff's Sale. 4. The Notice(s) of Sheriffs Sale herein was (were) duly served upon the recipients in accordance with Pennsylvania Rule of Civil Procedure 3129 and/or pursuant to an Order for Alternate Service by posting the subject property and as otherwise stated in the annexed Affidavit of Service. See Proof(s) of Mailing and/or Order and/or Affidavit(s) of Service annexed, collectively marked Exhibit "B." I hereby declare that the foregoing statements are true and correct to the best of my knowledge, information and belief. I am aware that if the foregoing statements are willfully false, I am subject to punishment. Respectfully Submitted, Pluese, Becker & Saltzman, LLC r . By: Date: February 28, 2006 dos p Giuliano v" Sworn to and Subscribed before me this a8 day of FJj , 2006 Notary Public DIANNE F..DILLON NOTARY PUBLIC OF NEW JERSEY *y(COMMISSIOON 0 Pt? SEPT. 2, 2000 I-I I. BIT 6 4- li PLUESE, BECKER & SALTZMAN, LLC Attorneys at taw 20000 HORIZON WAY SUITE 900 ROB SALTZMAN • MT. LAUREL, NEW JERSEY 08054-4318 RSULimarrpph;law.?>cF (856) 813-1700 FACSIMILE. (856) 813-1720 SANFORD J. BECKER PENNSYI,N AN IA OFFICE: ROBERT T. PLUESE 425 COMMERCE DRIVE, SUITE 100 KPhsry;ph?lut? FORT WASHINGTON, PA. 19034 (215) 546-3205 ROBERT F. THOMAS . R1.hnf "1 ,, 116 5 1114-tlla Please reply to: Mt. Laurel, New Jersey OF COUNSEL: Katz, Fain & Levine, P.C. The Law Offices of Barbara A. Fein, P.C. . PA and N1 Bars NOTICE OF CUMBERLAND COUNTY SHERIFF'S SALE To: All Interested Parties, identified in the Annexed Affidavit Re: GMAC Mortgage Corporation v. Robert L. Goodhart and Joann M. Goodhart Docket No. 02-2305 Property: 44 E. Penn Street, Carlisle, PA 17013 Please be advised that the above-referenced property (and any improvements thereon) is scheduled to be sold by the Cumberland County Sheriff's Department on March 8,2006, at 10:00 A.M. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. This sale is scheduled pursuant to a Final Judgment in Mortgage Foreclosure entered in the amount of 558,833.65 in the Court of Common Pleas for Cumberland County. Our records indicate that you may have an interest in or judgment encumbering the mortgaged property which may be extinguished (removed) by the sale. You may wish to attend the sale or otherwise act to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. You may call the Cumberland County Sheriff s Department at (717) 240-6390 for the date on which the distribution schedule will be posted. Sincerely, Bv: ROB SALTZMAN Rob Saltzman, Esquire Attorney for Plaintiff EXHIBIT "B" 1 y s LL, =m NL Um N iy mO WU m- O qm 74 c7 d ? CF l E m "am s? i a m. in8m ?E° `o x eQ ;gym LL m o, 9 ' qP o C 0. ?. ? 9 EE a S i I ? I a ? g G I I t ? r g a t it KK¢N m ? I ???? U o r _ C M N M N ? 0 t a0 m L W Oi a r IP . U r C 4 2 Oo NIA i SIN ? O m? '- ? R :?g i (7 I c d l cal V c ` ma a "',N,a cc oz? p ? ? a wi I i a m ,`a miyl l ?ocloP °a de 4!ca7 m x ° C COO V O W a7 ?x° "h4 u C E I • o S Z m O m O D F i tai m u61S f O C C O L 0 D a Uf Q T u a a` m N Ic i cl I I -,K,' g' ? Qti` b m ?' ?? I or I ?. ; ? i ?i Q I I m E' ? ° I I I d i I .?' I { NI o Q I m ?n ? i 3 1 . m ?° l ? a r Q?L (O?l??r CL'. Q Y. ? ?i Oi O?A LL N 9 ml x a C c P . 'x °'., m, o(al _ m °-a ml? xja' `m , o a .• m o o n a m U m ? Ij ;m E lp y - E E m yl p d N y y y m J = m in'? E o ? C) v di vu"i?l ? a a x IO 1,6 6 1r 1.6 O a yL N L„ F O O sm ? E 4 Z g N cml o a a d Ovm A gm n ?N E ? v 1Y m y °? a a4 cii:x?d wnlad ? I --?I - a ? _- anllap Iouls d ? - I mLL 6 IPue!H I PadS V m __ ( o;jeu_uy co an eu6ig ; N T o d u01a gu laanll ? m m m 0 ?- O O m? t 0 E sm o ?> A ?m T9 a Oi I 0 mp I N ? ct C E M Nm m x8' BE m x ? agym LL o 3 a O ? I I ? m _ g ? I ???? U fA Q NIA! ` oo'? 2 m ¢ o wl 0 ????? 9 < J d U O Ali 1w v ? M 5 ` ..1 viz ? oo Q 41 C x O A B , L je h v O t 9 P U ? ? y 70 g 3 O I I o ? E? ? z E Z I N cli < l0 n I W o 7 a a° A m a Y C a a m n E U O p4 O N a r? co co to lL N a s -a .-? r..i GMAC Mortgage Corporation The Court of Common Pleas of VS Cumberland County, Pennsylvania Robert L. Goodhart and Writ No. 2002-2305 Civil Term Joann M. Goodhart Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 30, 2005 at 10:29 o'clock AM, 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 defendants, to wit: Robert L. Goodhart and Joann M. Goodhart, by making known unto Robert Goodhart, personally and husband of Joann M. Goodhart, at 44 East Penn Street, Carlisle, 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 January 10, 2006 at 7:58 o'clock P.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 Robert L. Goodhart and Joann M. Goodhart, located at 44 East Penn St., Carlisle, 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: Robert L. Goodhart and Joann M. Goodhart, by regular mail to their last known address of 44 East Penn Street, Carlisle, PA 17013. This letter was mailed under the date of January 10, 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 Rob Saltzman. Sheriff's costs: Docketing 30.00 Poundage 15.65 Posting Bills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 9.20 Certified mail 1.63 Levy 15.00 Postpone 20.00 Postage 1.17 Surcharge 30.00 Law Journal 251.00 Patriot News 287.60 Share of Bills 21.05 Total: - 713.30 ? G??nnS?eG vc ? . 01:;14 R. Thomas Kline, Sheriff A BY J64 %A Real Estat Sergeant PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney 1.D. 453957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attornev for Plaintiff GMAC Mortgage Corporation Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Robert L. Goodhart Joann M. Goodhart Defendant Docket #02-2305 CMAC Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 44 F,. Penn Street, Carlisle, PA 17013, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of owner(s) or reputed owner (s): Name Robert L. Goodhart Address 44 E. Penn Street Carlisle, PA 17013 Joann M. Goodhart 44 E. Penn Street Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Name Address SAME AS ABOVE I- I PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. 453957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 GMAC Mortgage Corporation Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Robert L. Goodhart Joann M. Goodhart Docket #02-2305 Defendant NOTICE OF SHERIFF'S SAT F OF REAT. ESTATE TO: Robert L. Goodhart 44 E. Perm Street Carlisle, PA 17013 Your house at 44 E. Penn Street, Carlisle, PA 17013, is scheduled to be sold by the Cumberland County Sheriff's Department to enforce the court judgment of $58,833.65 obtained by GMAC Mortgage Corporation against you. The Sheriff's Sale will be conducted on March 8, 2006, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 or, in the alternative, at a location to be determined by the Cumberland County Sheriff's Department. NOTICE OF OWNER'S RIGHTS YOT T MAY RF ABLE TO PREVENT THIS SHERIFF'S SATE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. 11 1 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 T MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE, OTHER RIGHTS EVEN IF THE. SHERIFF'S SALE DOES 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 by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (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 Rob Saltzman, Esquire at (215) 546-3205, or by calling the Sheriff's office at (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 the 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 this 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 Cumberland County Sheriff on or about thirty (30) days from the date of the Sheriff's 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 Distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your home 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot or ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINN NG at a point on the South side of East Penn Street at corner of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or formerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, 11 feet I inch to the place of beginning. Being improved with a dwelling house known as No. 44 E. Penn Street, Carlisle, PA 17013 Being Parcel No. 20-1800-335 r PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. 111-53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attornev for Plaintiff GMAC Mortgage Corporation Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Robert L. Goodhart Joann M. Goodhart Defendant Docket #02-2305 NOTICE OF SHERIFF'S SAL F. OF REAL ESTATE. TO: Joann M. Goodhart 44 E. Penn Street Carlisle, PA 17013 Your house at 44 E. Penn Street, Carlisle, PA 17013, is scheduled to be sold by the Cumberland County Sheriff's Department to enforce the court judgment of $58,833.65 obtained by GMAC Mortgage Corporation against you. The Sheriff's Sale will be conducted on March 8, 2006, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 or, in the alternative, at a location to be determined by the Cumberland County Sheriff's Department. NOTICE OF OWNER'S RIGHTS YOTI MAY BF ABi F 10 PREVENT THIS SHERIFF'S SAI.F To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. P 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 RE ABLE TO SAVE YOUR PROPERTY AND YOU T HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALF DOES 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 by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriffs Department at (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 Rob Saltzman, Esquire at (215) 546-3205, or by calling the Sheriff s office at (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 the 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 this 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 Cumberland County Sheriff on or about 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 Distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your home 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot or ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows; to wit: BEGINNING at a point on the South side of East Penn Street at corner of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or formerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, 11 feet 1 inch to the place of beginning. Being improved with a dwelling house known as No. 44 E. Penn Street, Carlisle, PA 17013 Being Parcel No. 20-1800-335 WRIT OF EXECUTION and/or ATTACHMENT ' r COMMONWEALTH OF PENNSYLVANIA) NO 02-2305 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From ROBERT L. GOODHART AND JOANN M. GOODHART (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 $58,833.65 L.L. Interest FROM 6/28/02 TO 3/8/06 AT $9.67 PER DIEM - $13,035.16 Atty's Comm % Due Prothy $1.00 Atty Paid $716.43 Other Costs Plaintiff Paid Date: DECEMBER 7, 2005 (Seal) CURTIS R. LONG Prothonotary By: Deputy REQUESTING PARTY: Name ROB SALTZMAN, ESQUIRE Address: 20000 HORIZON WAY, SUITE 900 MOUNT LAUREL, NJ 08054 Attorney for: PLAINTIFF Telephone: 856-813-1700 Supreme Court ID No. 53957 s? ?7 0; -, a.: 3 Real Estate Sale # 52 On December 12, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 44 East Penn Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 12, 2005 By:?j l"Tj? Real Estate Sergeant 4E ? d g' 330 SIR tia .i 3HS 3tii A0 3? 3j03 3? GMAC Mortgage Corporation The Court of Common Pleas of VS Cumberland County, Pennsylvania Robert L. Goodhart and Writ No. 2002-2305 Civil Term Joann M. Goodhart Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 30, 2005 at 10:29 o'clock AM, 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 defendants, to wit: Robert L. Goodhart and Joann M. Goodhart, by making known unto Robert Goodhart, personally and husband of Joann M. Goodhart, at 44 East Penn Street, Carlisle, 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 January 10, 2006 at 7:58 o'clock P.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 Robert L. Goodhart and Joann M. Goodhart, located at 44 East Penn St., Carlisle, 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: Robert L. Goodhart and Joann M. Goodhart, by regular mail to their last known address of 44 East Penn Street, Carlisle, PA 17013. This letter was mailed under the date of January 10, 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 Rob Saltzman. Sheriff's costs: Docketing 30.00 Poundage 15.65 Posting Bills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 9.20 Certified mail 1.63 Levy 15.00 Postpone 20.00 Postage 1.17 Surcharge 30.00 Law Journal 251.00 Patriot News 287.60 Share of Bills 21.05 Total: 713.30 ,, L?,?nnB?eL ,,oyy 4F /-797. R. Thomas Kline, Sheriff BY J64 - i / u-1 h Real Estat Sergeant PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney i.D. 453957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attomev for Plaintiff GMAC Mortgage Corporation Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Robert L. Goodhart Joann M. Goodhart Defendant Docket #02-2305 GMAC Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 44 F. Penn Street, Carlisle, PA 17013, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of owner(s) or reputed owner (s): Name Robert L. Goodhart Address 44 E. Penn Street Carlisle, PA 17013 Joann M. Goodhart 44 E. Penn Street Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Name Address SAME AS ABOVE I PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney l.D. 453957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attorney for Plaintiff GMAC Mortgage Corporation Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Robert L. Goodhart Joann M. Goodhart Defendant Docket #02-2305 NOTICE OF SHERIFF'S SAT F, OF REAL ESTATE TO: Robert L. Goodhart 44 E. Penn Street Carlisle, PA 17013 Your house at 44 E. Penn Street, Carlisle, PA 17013, is scheduled to be sold by the Cumberland County Sheriff s Department to enforce the court judgment of $58,833.65 obtained by GMAC Mortgage Corporation against you. The Sheriffs Sale will be conducted on March 8, 2006, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 or, in the alternative, at a location to be determined by the Cumberland County Sheriff s Department. 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 Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. d* t 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 SATE DOES 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 by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (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 Rob Saltzman, Esquire at (215) 546-3205, or by calling the Sheriff's office at (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 the 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 this 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 Cumberland County Sheriff on or about thirty (30) days from the date of the Sheriff's 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 Distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your home 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAfN` lot or ground situate in the First Ward of the Borough of Carlisle, Countv of Cumberland and State of Pennsvlvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of East Penn Street at corner of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or formerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, 11 feet 1 inch to the place of beginning. Being improved with a dwelling house known as No. 44 E. Penn Street, Carlisle, PA 17013 Being Parcel No. 20-1800-335 PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. 1"53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attornev for Plaintiff GMAC Mortgage Corporation Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Robert L. Goodhart Joann M. Goodhart Defendant Docket #02-2305 NOTICE OF SHERIFF'S SALF. OF REAL ESTATE TO: Joann M. Goodhart 44 E. Penn Street Carlisle, PA 17013 Your house at 44 E. Penn Street, Carlisle, PA 17013, is scheduled to be sold by the Cumberland County Sheriff's Department to enforce the court judgment of $58,833.65 obtained by GMAC Mortgage Corporation against you. The Sheriff's Sale will be conducted on March 8, 2006, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 or, in the alternative, at a location to be determined by the Cumberland County Sheriff's Department. NOTICE OF OWNER'S RIGHTS YOT I MAY BE ABLE TO PREVENT THIS SHF.RTFF'S SALF, To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. P 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 STILT BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE. SHERIFF'S SAIE TOES TAKE. PT.ACF,. 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 by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (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 Rob Saltzman, Esquire at (215) 546-3205, or by calling the Sheriff's office at (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 the 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 this 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 Cumberland County Sheriff on or about thirty (30) days from the date of the Sheriff's 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 Distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your home 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 1 ALL THAT CERTAIN lot or ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit- BEGINNING at a point on the South side of East Penn Street at comer of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or formerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, 11 feet 1 inch to the place of beginning. Being improved with a dwelling house known as No. 44 E. Penn Street, Carlisle, PA 17013 Being Parcel No. 20-1800-335 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-2305 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From ROBERT L. GOODHART AND JOANN M. GOODHART (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 $58,833.65 L.L. Interest FROM 6/28/02 TO 3/8/06 AT $9.67 PER DIEM - $13,035.16 Atty's Comm % Due Prothy $1.00 Atty Paid $716.43 Other Costs Plaintiff Paid Date: DECEMBER 7, 2005 (Seal) CURTIS R. LONG Prothonotary By: Deputy REQUESTING PARTY: Name ROB SALTZMAN, ESQUIRE Address: 20000 HORIZON WAY, SUITE 900 MOUNT LAUREL, NJ 08054 Attorney for: PLAINTIFF Telephone: 856-813-1700 Supreme Court ID No. 53957 SOC2 orb' Real Estate Sale # 52 On December 12, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 44 East Penn Street, Carlisle, more fully described on Exhibit "A" r filed with this writ and by this reference incorporated herein. ? Q40 Date: December 12, 2005 By:?J Sva Real Estate Sergeant 4E 4? d a- 330 Silt da `1uvs3wi A 3? AAO #+, , 16 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 24th and 31st day(s) of January and the 7th day(s) of February 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#52 REAL EM7E SALE No. a W* r4m =02,=" CIW Thor GUAC 11 1srtEtt Qap Vs' Robert L 6000M end iawm)M. Aft. F" is :%d of the ]iloM* bou"d ad dooMbad 1 w Hamm Flo PM &IM a Mt a Pow on the Somh a& of coder of lat e< of Bma Balm &MW Sao* 41W aid to an or %MV* of awn Bald, 22 fm to a paW 11 dt= west aws the me. - 19 iocher to a panp; *me Sal t? the arfm 96 fed m a poipt u the'Nft @ aw of so ft thmm Bat akng sud A hqwy q.' 12 feet to & 'POW an 6ee of k naW tr of R! 'Pnok VYOM and g ?eoce Nash atoog said IN aow d fatmerlp of %M% 751ed to apit dtraoe Bad tlg and lot noon.arfa"W* of VIAM% 8 inches !? thocts,Nath alogE,?e+?e 45.fod m milt-eR?fe 9aa?,+iii sff.]}? g?qC ?noe Sleet 11 fget j "ID 1w as as Na 44 $ A4an Sheet. Ftl. ?1lY?iaMe'aa..,r,n ,tea =-- ............................... ... %,..r .... .v............... ................... .............. Sworn to and subscribed before Terry L. Russell, Notary Public ty of HorrlSbur uphin County ommission pines Ju , 2006 w Pennsvly la AV oc r of N WI,- NOTARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 }> R )1? O F PUB z JCATION OF N 017 CE :UMBERLAND LAW JOURNAL (Under Xo. 587, app pi-oved May 16, 1929), P. L.1784 STATE OF PENNSYLVA.', ss. COUNTY OF CUMBF.Ri Lisa Marie Coyne, State aforesaid, being duly s Journal, a legal periodical pu was established .lanuary 2. periodical for the publication issued weekly in the said C exactly the same as was prii Journal on the following date viz: .I anuary 20. :,hire, i-ditoi )f the Cumberland Law Journal, of the County and rn, accordin., to law, deposes and says that the Cumberland Law hed in the P.,)rough of Carlisle in the County and State aforesaid, ?>2, and do:;ignated by the local courts as the official legal )i,;tll legal novices, and has, since January 2, 1952, been regularly ntv, and that the printed notice or publication attached hereto is i in the regular editions and issues of the said Cumberland Law i-,!bru,,ry 3, -006 Affiant further depos i,iit he is au<i-iorized to verify this statement by the Cumberland Law Journal, a legal periodi., vt'general c„culation, and that the is not interested in the subject matter of the aforesaid no. -2 or :idverti ,anent, and that all allegations in the foregoing statements as to time, place iaracter of )ublication are u-uc. S PORN TO AND SUBSCRIBED before me this 3 clay of February , 2006 REAL ESTATE SALE NO. 54 Writ No. 2002-2305 Civil GMAC Mortgage Corporation VS. Robert L. Goodhart and Joann M. Goodhart Atty.: Rob Saltzman ALL THAT CERTAIN lot or ground situate in the First Ward of the Bor- ough of Carlisle, County of Cumber- land and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of East Penn Street at corner of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the' same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or formerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, 11 feet 1 inch to the place of beginning. Being improved with a dwelling house known as No. 44 E. Penn Street, Carlisle, PA 17013. Being Parcel No. 20-1800-335. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC Mortgage Corporation Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Robert L. Goodhart Joann M. Goodhart Defendant(s) To the Prothonotary: Issue Writ of Execution in the above matter: NO.: 02-2305 AMOUNT DUE $58,833.65 INTEREST From 6/28/02 to 12/9/09 $26,302.40 @ $9.67 per diem Total $85,136.05 (Costs to be added) Date: July 10, 2009 Rob Saltzman, Esquire Attorney for Plaintiff r` 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 (856) 813-1700 Attorney ID No.: 53957 Note: Please attach description of Property. File #177045 kn 0 M N N O 0 z Gar oz? W az?z Oz W OD ?A o? U? ?? W z? ~v 0 0 0 0 U cd? 0 U C7 C7 C7 0 M z ° o a V a; W 4 U Ga a w r ? a O t ° w G? O W \ ?? J U G aa Q a? a c? N 0 W. ALL THAT CERTAIN lot or ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of East Penn Street at corner of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or formerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, 11 feet 1 inch to the place of beginning. Being improved with a dwelling house known as No. 44 E. Penn Street, Carlisle, PA 17013 Being Parcel No. 20-1800-335 FILEL ' .1?.. u?. 17 f X155. so C? 1 S- o U lU 00 73 0 q kU 740' dq 79/0 ,Q, 0)vlf /3s d PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attorney for Plaintiff GMAC Mortgage Corporation, Plaintiff, V. Robert L. Goodhart Joann M. Goodhart, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket #02-2305 AFFIDAVIT OF LAST KNOWN ADDRESS I, Rob Saltzman, Esquire, Attorney for Plaintiff, GMAC Mortgage Corporation, hereby certify that the last known address(es) of the Defendant(s) is/are as below: Robert L. Goodhart, 44 E. Penn Street, Carlisle, PA 17013 Joann M. Goodhart, 44 E. Penn Street, Carlisle, PA 17013 I certify that the foregoing information is true and correct to the best of my knowledge, information and belief. Respectfully submitted, PLUESE, BECKER & SALTZMAN, LLC BY: ?r Rob tzman, Esquire A omey for Plaintiff File #77045 Ar" L20EI) ?J U ? ?r PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attorney for Plaintiff GMAC Mortgage Corporation, Plaintiff, V. Robert L. Goodhart Joann M. Goodhart, Defendant(s). Court of Common Pleas Cumberland County Docket #02-2305 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Rob Saltzman, Esquire hereby certify that I am the attorney of record for the Plaintiff, GMAC Mortgage Corporation in this action against real property and I further certify that this property is: (X) FHA - Tenant Occupied or Vacant ( ) Commercial ( ) That the Plaintiff has complied in all respects with Section 403 of the HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 which may include but is not limited to: (a) Service of Notice of Defendant(s) (b) Expiration of thirty days since the Service of Notice (c) Defendant's failure to request or to appear at a face-to-face meeting with the Mortgagee or with a Consumer Credit Counseling Agency. (d) Defendant's failure to file an application for financial assistance with the Pennsylvania Housing Finance Agency and/or the denial of such application. I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any willfully false material statements given herein. Respectfully submitted, PLUESE, BECKER & SALTZMAN, LLC BY: Rob Saltzm ,m, 'Esquire Attorne r Plaintiff File #77045 2 C3 /" PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attorney for Plaintiff GMAC Mortgage Corporation, Plaintiff, V. Robert L. Goodhart Joann M. Goodhart, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket #02-2305 AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC Mortza;ae Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 44 E. Penn Street, Carlisle, PA 17013, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of owner(s) or reputed owner (s): Robert L. Goodhart Joann M. Goodhart 44 E. Penn Street 44 E. Penn Street Carlisle, PA 17013 Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: SAME AS ABOVE Name and last address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. 4. Name and address of the last recorded holder of every mortgage of record: GMAC Mortgage Corporation (Plaintiff) File #77045 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland Co. Dept. of Commonwealth of PA Domestic Relations 6th Floor, Strawberry Square P.O. Box 320 Bureau of Individual Tax Carlisle, PA 17013 Commonwealth of PA Dept. of Welfare P.O. Box 2675 Harrisburg, PA 17105 Dept. of Public Welfare T.P.L. Casualty Unit Estate Recovery Program P.O. Box 8486, Willow Oak Building Harrisburg, PA 17105 Inheritance Tax Division Attn: John Murphy, Dept. 280601 Harrisburg, PA 17128 Internal Revenue Service Federal Estate Tax Special Procedure Branch 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property, which may be affected by the sale: Tenant/Occupant 44 E. Penn Street Carlisle, PA 17013 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. #4904 relating to unsworn falsification to authorities. July 10, 2009 PLUESE, BECKER & SAL Date / BY: Rob altzman, Esquire Aftornev for Plaintiff File #77045 T 2009 J;j'. 13 P ~! is 3 3 .A f, PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attorney for Plaintiff GMAC Mortgage Corporation, Plaintiff, V. Robert L. Goodhart Joann M. Goodhart, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket #02-2305 NOTICE OF SHERIFF'S SALE OF REAL ESTATE Robert L. Goodhart Joann M. Goodhart 44 E. Penn Street 44 E. Penn Street Carlisle, PA 17013 Carlisle, PA 17013 Your house at 44 E. Penn Street, Carlisle, PA 17013, is scheduled to be sold by the Cumberland County Sheriff's Department to enforce the court judgment of $58,833.65 obtained by GMAC Mortgage Corporation against you. The Sheriff's Sale will be conducted on December 9, 2009, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013- 3387 or, in the alternative, at a location to be determined by the Cumberland County Sheriff's Department. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. File #77045 /' 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 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 by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (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 Rob Saltzman, Esquire at (215) 546-3205, or by calling the Sheriff's office at (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 the 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 this 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 Cumberland County Sheriff on or about 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 Distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your home 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 File #77045 r ALL THAT CERTAIN lot or ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of East Penn Street at corner of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or formerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, 11 feet 1 inch to the place of beginning. Being improved with a dwelling house known as No. 44 E. Penn Street, Carlisle, PA 17013 Being Parcel No. 20-1800-335 I. 13 Fi u -(tir ALL THAT CERTAIN lot or ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of East Penn Street at corner of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or formerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, 11 feet 1 inch to the place of beginning. Being improved with a dwelling house known as No. 44 E. Penn Street, Carlisle, PA 17013 Being Parcel No. 20-1800-335 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N002-2305 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION Plaintiff (s) From ROBERT L. GOODHART AND JOANN M. GOODHART (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 $58,833.65 L.L. Interest FROM 6/28/09 TO 12/9/09 AT $9.67 PER DIEM - $26,302.40 Atty's Comm % Atty Paid $1,463.73 Plaintiff Paid Date: 7/13/09 Due Prothy $2.00 Other Costs TO BE ADDED Curtis R. Lon , rothonot ry (Seal) By: Deputy REQUESTING PARTY: Name: ROB SALTZMAN, ESQ. Address: 20000 HORIZON WAY, SUITE 900 MOUNT LAUREL, NJ 08054 Attorney for: PLAINTIFF Telephone: 856-813-1700 Supreme Court ID No. 53957 16 PLUESE, BECKER & SALTZMAN, LLC Attorneys At Law Rob Saltzman, Esquire / I.D. No. 53957 20000 Horizon Way Suite 900 Mt Laurel, New Jersey 08054 (856) 813-1700 Attorney for Plaintiff File #77045 GMAC Mortgage Corporation, Plaintiff, V. Robert L. Goodhart Joann M. Goodhart Defendant BLED-WCE OF THc PRUHNOTARY 2010 FEB -4 PM 3= 02 Pb%-NS` LVXN1A COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No. 02-2305 AFFIDAVIT PURSUANT TO Pa R.C.P. 3129.2 Joseph Giuliano, of full age, being duly sworn, deposes and states the following: 1. I am a Legal Assistant with the firm of Pluese, Becker & Saltzman, LLC, local counsel to the Plaintiff in the above-referenced mortgage foreclosure action. I make this Certification predicated upon personal knowledge, matters of record and documents maintained in our firm's file. 2. Diligent efforts have been made to identify all persons/entities holding mortgages, judgments, liens, or other interest in the subject premises of the foreclosure proceeding. The efforts made include, but are not limited to a review of the Court dockets and those interests or encumbrances disclosed by the records of the Recorder of Deeds Office in the County wherein the subject property is located. Due to circumstances beyond Plaintiff's control, such land records are accurate and report liens or interests recorded through the applicable "cover" or "board" date only, and it is not possible to ascertain the identity of any subordinate lienors whose interests have been recorded after the said cover date. 3. All persons/entities holding mortgages, judgments, liens or other interest in the subject premises, and as limited by the circumstances hereinbefore described, have been provided Notice(s) of Sheriff's Sale. See Exhibit "A", Notice of Sheriff's Sale. 4. The Notice(s) of Sheriff's Sale herein was (were) duly served upon the recipients in accordance with Pennsylvania Rule of Civil Procedure 3129 and/or pursuant to an Order for Alternate Service by posting the subject property and as otherwise stated in the annexed Affidavit of Service. See Proof(s) of Mailing and/or Order and/or Affidavit(s) of Service annexed, collectively marked Exhibit "B." I hereby declare that the foregoing statements are true and correct to the best of my knowledge, information and belief. I am aware that if the foregoing statements are willfully false, I am subject to punishment. Respectfully Submitted, Pluese, Becker & Saltzman, LLC By?. os0ph iuliano, Legal Assistant for Plues , Becker & Saltzman, LLC Date: February 2, 2010 PLUESE, BECKER & SALTZMAN, LLC Attorneys at Law ROB SALTZMAN RCalt> -64ph%law ara SANFORD J. BECKER SRwaker(a)_ghslaw nrr ROBERT T. PLUESE RPI-s¢ .?hslaw arg ROBERT F. THOMAS RThemac? 0slaw_nrrg STUART H. WEST* SW&.stnnh%Iaw 9nrg MOUNT LAUREL OFFICE 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054-0318 Phone: (856) 813-1700; fax: (856) 813-1720 OF COUNSEL: PENNSYLVANIA OFFICE: 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 Phone: (215) 546-3205; fax: (215) 653-0870 MORRISTOWN OFFICE 18 Bank Street Morristown, NJ 07960 Phone: (973) 540-0808; (973) 540-0489 The Law Offices of Barbara A. Fein, P.C. narhara Fri?Inha f rnm?Inha f rnm The Law Office of Mallory Steinfeld, Esq. Malla mctrinfeld rnm • PA and NJ Bars Please reply to: Mt. Laurel, New Jersey December 15, 2009 NOTICE OF CUMBERLAND COUNTY SHERIFF'S SALE To: All Interested Parties, identified in the Annexed Affidavit Re: GMAC Mortgage Corporation v. Robert L. Goodhart and Joann M. Goodhart Docket No. 02-2305 Property: 44 E. Penn Street, Carlisle, PA 17013 Please be advised that the above-referenced property (and any improvements thereon) is scheduled to be sold by the Cumberland County Sheriff's Department on Fehrua a3, 2010, at 10:00 A.M. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. This sale is scheduled pursuant to a Final Judgment in Mortgage Foreclosure entered in the amount of $58,833.65 in the Court of Common Pleas for Cumberland County. Our records indicate that you may have an interest in or judgment encumbering the mortgaged property which may be extinguished (removed) by the sale. You may wish to attend the sale or otherwise act to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. You may call the Cumberland County Sheriff's Department at (717) 240-6390 for the date on which the distribution schedule will be posted. Sincerely, By, Ro zmn an., Es uire Attorney for Intiff File #77045 N ro N a ? o '` 3 W A cc ?v n y N C w oZ o . 113 c w o o O K I'a 00 t- 0 m m r = o 0 V1 CD -a -4 O W rn V w K A 0 3 I m W ' N 91 c px?n a ? O O r (v? a Z O I 0- Z 7 ? m o R? D w Eo p N m a m ,4 C) Z c UI 0 "o C7 7 m© `mo o -n v? o p? 3 a 00000 -n3 w 4z 4 P--4 7u0 0? N m m &S 3.cn 3 ?? o N"°o? ?o A? ° o ffw?• ?a c g o x 3° y c?Zv?; m? m? o m :F_ CD ° C, 0rn70 cn ?? CCD ? oy-2 B d. co - ca (D N N O N "U ?? i a< "U D 4 CSI RC m o? ID 9 N O -do ?? n y?,o acD c D e Q? o :r: CD cn ° N v o co --4 o o --a 'Cot tC? 2 (n ;:V ?w cn C7 cG? Z,? ?00? Cc, tD tv < C'1 w E3 -u a co ;a ;a x N m o u3i -p c w r M. D w Qe d 3 3 N O r CD g fl1 -J h1 c 70 m m D m a ca -n - m ?i `? 0 o I> j 3 co W O ?' CCD U°, n o 1°. m ?4 m o D Dx - w w ?co o o? ? 00? '' ?S m w CP m oai _. m ,uUW nvimo?.3?yx r -n ? m ow°,$maw m C- SL n` m ?. m m a: D ?d ?< m w `8. am < y W C N O C -: m Ow ?a m Tv ?C.) $ n p liver b90903000dfZ NOW Q311VW 60OZ b0 d3S ZZl9Ztrb000 (D = Sign 09£' £00 $ d z o T :0 S3M0>s AHNlId r?? G N O m 9D m x m a 3? m ° m m m -o 0 v N I% n N m 0 m m m 9' !w a N ? ? G ? G O ? g o? n w 3 ? ^ O 3 n .P ? CT C) n W p IS co (/i T' c< p a v W ? ? p ? n m dQpC] CD ? m?r0 -? ?3fa ° °' o ?7pmo fD ? a ? w n m o N a ? N g ? O a ? ? ?mdaN o m Tsdag m m3 ? N 179090 3000 dIZ 402fd 03-1104 6002 9t 090 LZL9ZVV000 OOCIZAO $ d6 ZO 83M08 A3NNLId Sri. At.- C- I r-- ` SWERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~~~~{~ Sheriff ~~ ~E ~~~~ ::r,~,;;, ; , gig',,,., . , ~ ,,ro Jody S Smith ~ ?~~¢ MAR -2 PM 12: ~ ? Chief Deputy Edward L Schorpp Solicitor GMAC Mortgage Corporation vs. Robert L Goodhart Case Number 2002-2305 SHERIFF'S RETURN OF SERVICE 10/07/2009 Ronald Hoover,Deputy Sheriff, who being duly sworn according to law, states that on10/7/09 at 1856 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 Robert L. and Joann M. Goodhart, located at, 44 East Penn Street, Carlisle, Cumberland County, Pennsylvania according to law. 10/07/2009 Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 10/7/09 at 1856 hours, he 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: Robert L. Goodhart, by making known unto, Joann M. Goodhart, wife, at, 44 East Penn Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/15/2009 Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 10!07!09 at 1856 hours, he 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: Joann M. Goodhart, by making known unto, Joann M. Goodhart, personally, at, 44 East Penn Street, Cumberland County, Pennsylvania its contents and at the same time handing to him/her personally the said true and correct copy of the same. 12/08/2009 Property sale postponed to 2/3/2010. 02/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to faw, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on February 3, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Rob Saltzman, on behalf of GMAC Mortgage Corporation, 3451 Hammond Avenue, Waterloo, IA 50702, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 818.14 SHERIFF COST: $818.14 February 17, 2010 VNi~~~~L~~'V~ ~~~ PCN~SYLVi~A SO A'NS1f~I~~.~~%.< :`~"'~ A,.:yy ~. .I LY4 ~'`RONNY R ANDERSON;, SHERIFF ~Qo~ ~ ~ ~ ~ cL~ s~,D~ ~~ c~ ~y~~ 3 i ' PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney LD. ##53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attorney for Plaintiff GMAC Mortgage Corporation, Plaintiff, v. Robert L. Goodhart Joann M. Goodhart, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket #02-2305 AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 44 E. Penn Street, Carlisle, PA 17013, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of owner(s) or reputed owner (s): Robert L. Goodhart Joann M. Goodhart 44 E. Penn Street 44 E. Penn Street Carlisle, PA 17013 Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: SAME AS ABOVE 3. Name and last address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. 4. Name and address of the last recorded holder of every mortgage of record: GMAC Mortgage Corporation (Plaintiff) File #77045 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland Co. Dept. of Domestic Relations P.O. Box 320 Carlisle, PA 17013 Commonwealth of PA Dept. of Welfare P.O. Box 2675 Harrisburg, PA 17105 Dept. of Public Welfare T.P.L. Casualty Unit Estate Recovery Program P.O. Box 8486, Willow Oak Building Harrisburg, PA 17105 Commonwealth of PA 6th Floor, Strawberry Square Bureau of Individual Tax Inheritance Tax Division Attn: John Murphy, Dept. 280601 Harrisburg, PA 17128 Internal Revenue Service Federal Estate Tax Special Procedure Branch 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property, which may be affected by the sale: Tenant/Occupant 44 E. Penn Street Carlisle, PA 17013 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. #4904 relating to unsworn falsification to authorities. July 10, 2009 PLUESE, BECKER & SALT A LC Date BY: Rob altzman, Esquire orney for Plaintiff File #77045 sPLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney LD: #5397 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attorney for Plaintiff GMAC Mortgage Corporation, COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY v. Robert L. Goodhart Joann M. Goodhart, Docket #02-2305 Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE Robert L. Goodhart 44 E. Penn Street Carlisle, PA 17013 Joann M. Goodhart 44 E. Penn Street Carlisle, PA 17013 Your house at 44 E. Penn Street, Carlisle, PA 17013, is scheduled to be sold by the Cumberland County Sheriff's Department to enforce the court judgment of $58,833.65 obtained by GMAC Mortgage Corporation against you. The Sheriff's Sale will be conducted on December 9, 2009, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013- 3387 or, in the alternative, at a location to be determined by the Cumberland County Sheriff's Department. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. File t~77045 "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 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 by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (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 Rob Saltzman, Esquire at (215) 546-3205, or by calling the Sheriff's office at (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 the 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 this 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 Cumberland County Sheriff on or about 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 Distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your home 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 File #770A5 ALL THAT CERTAIN lot or ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of East Penn Street at corner of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or formerly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, 11 feet 1 inch to the place of beginning. Being improved with a dwelling house known as No. 44 E. Penn Street, Carlisle, PA 17013 Being Parcel No. 20-1800-335 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N002-2305 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION Plaintiff (s) From ROBERT L. GOODHART AND JOANN M. GOODHART (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 $58,833.65 L.L. Interest FROM 6/28/09 TO 12/9/09 AT $9.67 PER DIEM - $26,302.40 Atty's Comm % Due Prothy $2.00 Atty Paid $1,463.73 Other Costs TO BE ADDED Plaintiff Paid Date: 7/13/09 Curtis R. L roth no ry (Seal) By: REQUESTING PARTY: Deputy Name: ROB SALTZMAN, ESQ. Address: 20000 HORIZON WAY, SUITE 900 MOUNT LAUREL, NJ 08054 Attorney for: PLAINTIFF Telephone: 856-813-1700 Supreme Court ID No. 53957 Real Estate Sale # On September 14, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as, 44 East Penn Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 14, 2009 By~ ~~ ~, ~, ~ - . I ~' ri P ,~ % Real Estate Coordinator .~: ;_ . _ '" +2 \`~~ Lt Q: %r ~~ y ~~ fihe Patriot-News Co. 812' Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO_ SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c'~e~latriot News 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 Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: Writ No. 2002-Z~06 ClvllTerm 10/23/09 . •iM~ Mortppe CorporsRlon Vs Robert 1..Ooodhen 10/30/09 Joann M. Oioodhut 11/06/09 ,. AttYF itob Sslfzmart ALt. THAT CE[d'AIN lot or ground situate the'Firet Watd Qf the Eosougli of Carlisle, ~ ` / ~~~~ county of Cumberland and state .... . Peaosylvama, bounded and described asfollows, ~ to wit: BEGINNING at a point an the South side of ~ worn to and s1<'bscribed before me this 16 ~ of o~ember, 2009 A. D. ' East Peam Street at coma of lot now a farpurly / - ; of Emma Emlet; tbenx South along said lot now or Burly of Hmma F.mlet, 22 feet to a e r ` „% _~ ;/`ice ~-~_~~ 2_---~ same,.19 inches to dang th point; tta~e VYeat Nota Public _. ~ ry a point; thence Soutb along jhe name 98 fat to a point on the Nodh stile of an alley; du°caEast along said alley, l2 fen to a point oo lice of lot COMMONWEALTH OF PENNSYLVANIA now or formerly. of W I+iank welters and t~latariaf seal Maggie E: Wakes; thence North along said lot : hems l~ Kisngr, 1Yat8r°;t Public now ar famerly of Walters, 75 feet to a point; City Ot H&rrisiaur~; l~suphin County tike Bast aloe` said lot ~v or fom~ly of My CGmn'tissior; E~ires Nav. 26, 2011 Wallas, 8 inches W a Point; tbenoe North along the same 45 feet to a point oa the South side of Member, Pennsylvania Association of Notaries Penn street; thence west along said East Penn Stied, l l fed 1 ia;b to ~e pLce of beginsing. Be9ng improved with a dwelling house ]mown as No.44 E. Pem Street, Carlisle, PA 11913 Being Pamd No.2lat809-335 e 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: October 23, October 30 and November 6, 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. Marie Coyne, j~ditor SWORN TO AND SUBSCRIBED before me this 6 day of November,/2009 - L-C ~ ~-~ Notary _~ NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COt1N"fY My Commisslon Expires Apr 28, 2010 writ No. 2002-2305 Civil GMAC Mortgage Corporation vs. Robert L. Goodhart Joann M. Goodhart Atty: Rob Saltzman ALL THAT CERTAIN lot or ground situate in the First Ward of the Bor- ough of Carlisle, County of Cum- berland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of East Penn Street at comer of lot now or formerly of Emma Emlet; thence South along said lot now or formerly of Emma Emlet, 22 feet to a point; thence West along the same, 19 inches to a point; thence South along the same 98 feet to a point on the North side of an alley; thence East along said alley, 12 feet to a point on line of lot now or former- ly of W. Frank Walters and Maggie E. Walters; thence North along said lot now or formerly of Walters, 75 feet to a point; thence East along said lot now or formerly of Walters, 8 inches to a point; thence North along the same 45 feet to a point on the South side of Penn Street; thence West along said East Penn Street, 11 feet 1 inch to the place of beginning. Being improved with a dwelling house known as No. 44 E. Penn Street, Carlisle, PA 17013. Being Parcel No. 20-1800-335. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which GMAC MTG CORP is the grantee the same having been sold to said grantee on the 3RD day of FEB A.D., 2010, under and by virtue of a writ Execution issued on the 13TH day of JULY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 2305, at the suit of GMAC MTG CORP against ROBERT L GOODHART & JOANN M is duly recorded as Instrument Number 201005273. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ ~ day of ~~ , A.D. p7 Oi',~~ ~ of Deeds ~erllel~ N1 -ofia90N I~~yA ,a?~~,t"A .`+ ~s~ ,x;.,.r~.-.~' e!!c!~~`~2~e.tp ~,;..ia p.'A.L+1~.'`42k ~,r.S R:.nr: +it`~.~7a'r : ~.t: y,.~.~ a»;,.w~~. ~.ar.;';~+~