Loading...
HomeMy WebLinkAbout07-0137GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. KEVIN E. NACE JOANNE E. L. NACE Mortgagors and Real Owners 627 Hummel Avenue Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendants Term No. CIVIL ACTION: MORTGAGE "IECLC?SUfff NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 9400 or 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 2). 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention&gldbecklaw com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1557. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The names and addresses of the Defendants are KEVIN E. NACE, 627 Hummel Avenue, Lemoyne, PA 17043 and JOANNE E. L. NACE, 627 Hummel Avenue, Lemoyne, PA 17043, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On August 23, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1922, Page 2454. The mortgage has been assigned to: WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for August 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ........................................ ...................$103,279.95 Interest from 07/01/2006 through 01/31/2007 at 6.9900%.. Per Diem interest rate at $20.05 ..... $4,310.75 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$5,164.00 Late Charges from 08/01/2006 to 01/31/2007 .............................................$249.23 Monthly late charge amount at $41.54 Costs of suit and Title Search ...................................................................... Escrow Advance $900.00 ........................................................................................... $50.81 Fees ..................... ......................................................................$106.00 Recoverable Balance............ Monthly Escrow amount $150.11..... $30.00 $114,090.74 7. If the Mortgage is reinstated prior to a Sheriff s Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Proti Sheriff's Sale or if the Complexity of the action requires additional l fees lme cess of the amount purchaser at demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an"inpersonam'Jud Defendants in this Action but reserves its right to bring a separate Action to estab sh thatgright,tif such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $114,090.74, together with interest at the rate of $20.05, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: f , B CK MCCAFFERTY & McKEEVER BY: OSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Nancy Jimenez, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: /-?? -7 ancy Jimenez ec sure Supervisor AMERIQUES AGE CORPORATT Conestdga'Titte Insurance Company Commitment Number. 2005080233" SCHEDULE C PROPERTY DESCRIPTlon The land referred to In this Commitment is desa%gd es follows: ALL the eastern one-half of back dwelling and lot located at 627 Hummel Avenue, Lemoyne Borough, Cumberland County, Pennsylvania. It being that certain half eastern one-half lot or piece of ground numbered eighty-four (84) of Section "0" in a plan of lots known as Plan No. One (1) of Riverton, Pennsylvania, said plan being only recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, at Carlisle, in Deed Book "J", Volume 4, Page 40 SAID EASTERN ONE-HALF OF Lot No. 84, Section "0", being seventeen and one-half (17 %) feet in front of Hummel Avenue, on the north side thereof and extending that width in depth, at right angle thereto one hundred and fifty (150) feet to Apple Alley. Being bounded on the north by Apple Ailey; on the east by property, now or formerly, of Clarence 0. Eppley; on the South by Hummel Avenue; and on the west by the other half of said Lot No. 84, Section "0", now or formerly, owned by Harry M. Kaufman. Parcel #12-22-0824-141 Certify this , , In Cumberland C. • I ALTA Commihwt Schedule C (20D5D50233.PFWoosw(k233)19) ONI922PG2470 ExhibitA Exhibit B P.O. Box lie" Santa Ana, CA 92711-1M 7182 6389 3060 0898 7526 KEVIN E NACE JOANNE E NACE 627 HUMMEL AVE LEMOYNE, PA 17043 M 1 NNC ACT 91 NOTICE ,,,,,AMC MORTGAGE SERVICES October 03, 2006 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS OF POLICY Loan Number: 0131464562 Property Address: 627 HUMM[EL AVE, LE 40YNE PA, 17043 Original Lender: AMC Mortgage Services, Inc. Comm Lender/Servicer: AMC Mortgage Services, Inc. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (BRNO) s be able to helq to save vol home. This Nodee emiaias blow the orotram works. Coaaselia2 Ateacv Tics Notlee eeataias important lesal information. If you have any gaestioas, r'epreseatatives at the Coammer Credit Counseling Afeney may be able to help explain it. Yon may also want to contact as attorney is your area. The local bar anociatioa may be able to bell you find a lawyer. LA N07MCACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINIIAR VIVIENDO EN SII CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMZDITAMENTZ LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO Also doing business as Delaware AMC Mortgage services, Inc., in the states of Texas, Rhode Island, and New Hamp", ARRIBA. PUZDES SER ZLZGIBLE PABA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" ZL CUAL PUZDZ SALVAR SU CASA DR LA PERDIDA DEL DZRZCHO A REDI MIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOII MAKE FITTIIRZ MOBTGAGZ PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 19x3 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: : IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, = IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND s IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPOBARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. Daring that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NZXT 3® DAYS MORTGAGE . IF YOU DO NOT APPLY FOR EMERGENCY ASSISTAN YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED 'HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If yon meet with one of the consumer dit c oanselintt as cow li et sted the and of this notice. the leader may NOT take action agamst you for cre thuty [30) Of this meetmg The names addresses and kknhone namben of dear days after the date Saated consumer credit oonnselin ageacks for the county in which the property is located are set forth at the cad of this Nokia. It is only necessary to scheme one face-to-face fig. Advise your lender mimediately of your inteWion on. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reasons set forth hoer in this Notice (ace following papa for specific information about the nature of your default.) If are usable to resolve this problem with the leader, you have the right to y ) voce have tried and Homeowner's Emergency Mortgage Assistance Program- for fitanCial assistane from the Homeowner's Emer m Program. To do so, you must fill oaf, sign and file a completed 8 cy Assistance Program Application with one of the designated comma credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the Program and they will assist You in submitting a complete application to the P Your application MUST be filed or postmarked within thirty (30) days of your face-tto?face, meeting. ire Agency. YOU MUST FILE YOUR APPLICATION PROMPTLY, IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THZ OTHER Ina PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY ASSISTANCE WELL BE DENIED. AND YOUR APPLICATION FOR MORTGAGE , AGENCY ACTION - Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act The Pean Housing Finance Agency bas sixty (60) days to make a decision after it receives our that tie no foreclosure will be y application. Dating that time, no forecloaare proceedings pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. October 03, 2006 Loan Number: 0131464562 NOTE: IF YOU ARID CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (H you have filed bamkraptey you can dill apply for Eatergaey Mortgage Asdistamee.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it an to d NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at 627 HUMMEL AVE, LEMOYNE, PA 17043 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 08/01/06 than 10/01/06 at 5842.39 per month Monthly Payments plus late charge or other fees: $2610.25 Total Amount to Care Default: 52610.25 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not an N mot soplicable): N/A HOW TO CURE THE DEFAULT -Yon may cue the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 52610.25 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to AMC Mortgage Services 505 City Parkway West, Suite #100 Orange, CA 92868 You can core any other default by taking the following action within THIRTY (30) DAYS of the date of this ktter. (Do not use if not applicable) N/A IF YOU DO NOT URE THE DEFAULT-If you do not core the default within THIRTY (30) DAYS of the date of this Notice, the len er Intends to exercise its rights to aaderate the mwrtgage debt. This mean, that the entire outstanding balance of this debt will be considered due immediately and you may lode the chance to pay the mortgage m monthly installments. If full payment of the total amount past doe is not made within THIRTY (30) DAYS, the lender also intends to indruat its attorneys to ,tart legal action to [®reelode wpm your soqa_ged rty on)pe IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys. but you cure the delinqueaey before the lender begins legal proceedings against you, you will still be required to pay the reasonable altomey's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable aMmey's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. H yon care the default within the THIRTY (30) DAY period you will not be required to nay attormey's lead OTHER LENDER REMEDIES - The lender may also we you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CUBE THE DEFAULT PRIOR TO SHERIFF'S SALE - if you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have began, and prevent the sale at ago time up to out hour before the Sheriffs Sale Yoe may do so by paymg the total amount then past doe, plea any late or other cbmwes tthe A... oedormiagW other reanaementa ender he mgdgege Caring your default in the manner set forth is this notice will restore your mortgage to the same position as if you had never defulted. EARLIEST POSSIBLE SHZRIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be seat to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the leader. HOW TO CONTACT THE LENDER: AMC Mortgage Services PO Box 11000 Santa Ana, CA 92711-1000 Phone Number 900-430-5262 Fax Number 714-347-5037 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live is the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You _ may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attomey's fees and costa are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: z 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. z TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. z TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIlVIES IN ANY CALENDAR YEAR) z TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, z TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER s TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED Very Truly Yours, AMC Mortgage Services Cc: AMC Mortgage Services Attn: Collections Department Loan Number: 0131464562 Mailed by 1st Class Mail and by Certified Mail Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1-800-342-2397 PIS, v ( a _ (? `(may ?. _ ? N ? {'t1 i CO W ?? In the Court of Common Pleas of Cumberland County WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. KEVIN E. NACE JOANNE E. L. NACE (Mortgagor(s) and Record Owner(s)) 627 Hummel Avenue Lemoyne, PA 17043 Defendant(s) PRAECIPE FOR JUDGMENT No. 07-137 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against KEVIN E. NACE and JOANNE E. L. NACE by default for want of an Answer. Assess damages as follows: $114,522.90 Debt Interest from 02/13/07 to Date of Sale Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN ;F; HE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivere y against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at 1 nor to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A. G Attorney for I.D. #16132 AND NOW 14. , ?C3Q , Judgment is entered in favor of WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE and again KEVIN E. NACE and JOANNE E. L. NACE by default for want of an Answer and damages assessed in the sum of $114,522.90 a per the above c 'fication. Pro onotary Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff No. 07-137 VS. KEVIN E. NACE JOANNE E. L. NACE (Mortgagors and Record Owner(s)) 627 Hummel Avenue Lemoyne, PA 17043 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: eputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 AMQ-1557 . r THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: February 1, 2007 TO: JOANNE E. L. NACE 627 Hummel Avenue Lemoyne, PA 17043 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. KEVIN E. NACE JOANNE E. L. NACE (Mortgagor(s) and Record Owner(s)) 627 Hummel Avenue Lemoyne, PA 17043 TO: JOANNE E. L. NACE 627 Hummel Avenue Lemoyne, PA 17043 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 07-137 IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 U =h a GOlrlf?eck U GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 AMQ-1557 r THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: February 1, 2007 TO: KEVIN E. NACE 627 Hummel Avenue Lemoyne, PA 17043 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. KEVIN E. NACE JOANNE E. L. NACE (Mortgagor(s) and Record Owner(s)) 627 Hummel Avenue Lemoyne, PA 17043 TO: KEVIN E. NACE 627 Hummel Avenue Lemoyne, PA 17043 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 07-137 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Tafrff?Pck 7r GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, KEVIN E. NACE, is about unknown years of age, that Defendant's last known residence is 627 Hummel Avenue, Lemoyne, PA 17043, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or o er ise within the provisions of the Soldiers' and Sailors' Ci it Relief Action of Congress of 1940 and its Amendments. Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JOANNE E. L. NACE, is about unknown years of age, that Defendant's last known residence is 627 Hummel Avenue, Lemoyne, PA 17043, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, oOther se within the provisions of the Soldiers' and Sailors' lief Action of Congress of 1940 and its Amendments. Date: GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. IN THE COURT OF COMMON PLEAS KEVIN E. NACE JOANNE E. L. NACE (Mortgagor(s) and Record owner(s)) 627 Hummel Avenue Lemoyne, PA 17043 of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 07-137 Defendant(s) ORDER FOR JUDGMENT Please enter Judgment in favor of WM SPECIALTY MORTGAC against KEVIN E. NACE and JOANNE E. L. NACE for failure to file an days (or sixty (60) days if defendant is the United States of America) from the sum of $114,522.90. Joseph A. G Attorney for I hereby certify that the above names are correct and that the precise creditor is WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE Orange, CA 92868 and that the name(s) and last known address(es) of the 627 Hummel Avenue Lemoyne, PA 17043 and JOANNE E. L. NACE, 62 l 17043; GOLDBECK] BY: Joseph A. Attorney for P: OUT RECOURSE, and r ' the above action within (20) e /of service of the Complaint, in t address of the judgment . Parkway West Suite 100 (s) is/are KEVIN E. NACE, Avenue Lemoyne, PA & McKEEVER ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $103,279.95 Interest from 07/01/2006 through $4,551.35 02/12/2007 Reasonable Attorney's Fee $5,164.00 Late Charges $290.68 Costs of Suit and Title Search $900.00 Escrow $200.92 Fees $106.00 Recoverable Balance $30.00 $114,522.90 GOLDBECK] BY: Joseph A. Attorney for P. Jr. McKEEVER AND NOW, this 1 `.+k day of 2007 damages are assessed as above. Pr rothy na -?, rl r:, cs+ t > ,. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. KEVIN E. NACE JOANNE E. L. NACE Mortgagor(s) and Record Owner(s) 627 Hummel Avenue Lemoyne, PA 17043 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-137 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 02/13/07 to Date of Sale at 6.9900% $114,522.90 (Costs to be added) GOLDBECK McCAI BY: Joseph A. Goldb Attorney for Plaintiff &McKEEVER a 3 a z a a (3a MG d? wow' P4 O U 14 6 o ? U U H a r QUO ?v U'? add dam NC{ m x+ p O W o 4d H ? C 0 ? w• W? 4 o d- V r ? ~ V y V 4 , V ? V y V y 4 Y V 40 w d ti ?jl a 0? v U d ? U ?p V ? O N r+ t1 N d? ?c?, ??•dN O ? ?OW, ?a a V -4 -4 .W. rv All the eastern one-half of brick dwelling and lot located at 627 Hummel Avenue, Lemoyne Borough, Cumberland County, Pennsylvania. It being that certain half eastern one-half lot or piece of ground numbered eighty-four (84) of Section "D" in a plan of lots known as Plan No. One (1) of Riverton, Pennsylvania, said plan being only recorded in Recorder's Office in and for Cumberland County, Pennsylvania, at Carlisle, in Deed Book "J", Volume 4, Page 40. Said Easter One-half of Lot No. 84, Section "D", being seventeen and one-half (17 %2) feet in front of Hummel Avenue, on the north side thereof and extending that width in depth, at right angle thereto one hundred and fifty (150) feet to Apple Alley. Being bounded on the north by Apple Alley; on the east by property, nor or formerly, of Clarence D. Eppley; on the South Hummel Avenue; and on the west by the other half of said Lot No. 84, Section "D", now or formerly, owned by Harry M. Kaufinan. Parcel #12-22-0824-141 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-137 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff (s) From KEVIN E. NACE AND JOANNE E. L. NACE (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 $114,522.90 L.L. $.50 Interest FROM 2/13/07 TO DATE OF SALE AT 6.9900% Atty's Comm % Due Prothy $1.00 Atty Paid $140.08 Plaintiff Paid Other Costs Date: FEBRUARY 16, 2007 (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 C is R. LBy: Deputy op Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. KEVIN E. NACE JOANNE E. L. NACE (Mortgagor(s) and Record Owner(s)) 627 Hummel Avenue Lemoyne, PA 17043 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-137 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 627 Hummel Avenue Lemoyne, PA 17043 I.Name and address of Owner(s) or Reputed Owner(s): KEVIN E. NACE 627 Hummel Avenue Lemoyne, PA 17043 JOANNE E. L. NACE 627 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: KEVIN E. NACE 627 Hummel Avenue Lemoyne, PA 17043 JOANNE E. L. NACE 627 Hummel Avenue Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 627 Hummel Avenue Lemoyne, PA 17043 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best my p onal knowledge or information and belief. I understand that false statements herein are made subject to the enalties f 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: February 12.2007 GOLDBECK McCAI BY: Joseph A. Goldb Attorney for Plaintiff McKEEVER fV C o -Tj "n rr r. ; Flip Cn p O d. 07-137 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS WM SPECIALTY MORTGAGE LLC, WITHOUT of Cumberland County RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE VS. KEVIN E. NACE JOANNE E. L. NACE Mortgagor(s) and Record Owner(s) 627 Hummel Avenue Lemoyne, PA 17043 Defendant(s,' Term No. 07-137 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NACE, KEVIN E. KEVIN E. NACE 627 Hummel Avenue Lemoyne, PA 17043 Your house at 627 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $114,522.90 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 07-137 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 A 07-137 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@aoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1557. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. rt -n ^?'t 51-12 -60 07-137 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. KEVIN E. NACE JOANNE E. L. NACE Mortgagor(s) and Record Owner(s) 627 Hummel Avenue Lemoyne, PA 17043 Defendant(s Term No. 07-137 THIS LAW FHtM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NACE, JOANNE E. L. JOANNE E. L. NACE 627 Hummel Avenue Lemoyne, PA 17043 Your house at 627 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $114,522.90 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call our office at 215-825-6329 or 1-866413-2311 and 07-137 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 A 07-137 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866413-2311 or via email at homeretention(a,goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1557. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. CASE NO: 2007-00137 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS NACE KEVIN E ET AL JESSICA HERMANSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NACE KEVIN E the DEFENDANT at 2043:00 HOURS, on the 10th day of January-, 2007 at 627 HUMMEL AVENUE LEMOYNE, PA 17043 by handing to KEVIN NACE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.08 . Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 42.08 ? 01/12/2007 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscibed to 60 By: before me this day De y Sheriff of A.D. SHERIFF'S RETURN - REGULAR 41 CASE NO: 2007-00137 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS NACE KEVIN E ET AL JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NACE JOANNE E L the DEFENDANT , at 2043:00 HOURS, on the 10th day of January-, 2007 at 627 HUMMEL AVENUE LEMOYNE, PA 17043 KEVIN NACE, HUSBAND 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00-/ 01/12/2007 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscibed to pK? By: before me this day De u y S`h6riff of A.D. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff AMQ-1557 CF: 01/08/2007 SD: 06/13/2007 $114,522.90 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. KEVIN E. NACE JOANNE E. L. NACE Mortgagor(s) and Record Owner(s) 627 Hummel Avenue Lemoyne, PA 17043 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 07-137 Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office7coMPULVI It (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE R spectfully ub to &)etAIL B : J seph . Goldbeck, Jr. Att ey for Plaintiff WM Specialty Mortgage LLC, without recourse In The Court of Common Pleas of VS Cumberland County, Pennsylvania Kevin E. Nace and Joanne E. L. Nace Writ No. 2007-137 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 20, 2007 at 1940 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Kevin E. Nace and Joanne E. L. Nace, by making known unto Kevin Nace, personally and adult in charge for Joanne E. L. Nace, at 627 Hummel Ave., Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 0920 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 Kevin E. Nace and Joanne E. L. Nace, at 627 Hummel Ave., Lemoyne, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Kevin E. Nace and Joanne E. L. Nace, by regular mail to their last known address of 627 Hummel Ave., Lemoyne, PA 17043. These letters were mailed under the date of April 03, 2007 and never returned to the Sheriff s Office. So Answers: Y R. Thomas Kline, Sheriff t - Real Estat eputy T. D M < p 0 z M ?. w Z v CO D 0 T M 0 go c C- 0 z N M M r o z 0 M 0 Oj cr w o OD i y 1 ? i Ch A i W N ?I tG=OCOfj) Z or -ir3 ? CMMOMa NrT?onD o 'V R1 7C a w D Vii 0 M CD j o a3 x d -u x0o-u Om c4 D 0"000 d 000 0 m ( a) ?a m o zm ????? c3 x 3 D "M ?SD X w?-N1 tol `° OW Do n 9 ° ? 3 Ivc Z 14 ? m 0 s j 2 " ° CD 0 0 no 0 S rn (p ? Z w 3 3 g .? MC ;0 -:1 OD o r 8 O 0 ??? !M;vM 5 NoCD M r m m v 5- ? > ; h D M ? D zz .. o m a Nm 4 Z M a M Z o 0 m ? p I' x m Hi r c d, ? m • V -o ? d G?, n N • o o uwrFo N 31 > r a A 9? A M C, D 0, 0 - a 0- AN \ N c -, M?s T O " i I O mN rn o . .y / N W (Q i C> O o o ?? GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. KEVIN E. NACE JOANNE E. L. NACE Mortgagor(s) and Record Owner(s) 627 Hummel Avenue Lemoyne, PA 17043 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Term No. 07-137 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 627 Hummel Avenue Lemoyne, PA 17043 I.Name and address of Owner(s) or Reputed Owner(s): KEVIN E. NACE 627 Hummel Avenue Lemoyne, PA 17043 JOANNE E. L. NACE 627 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: KEVIN E. NACE 627 Hummel Avenue Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE JOANNE E. L. NACE 627 Hummel Avenue Lemoyne, PA 17043 Y 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 627 Hummel Avenue Lemoyne, PA 17043 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: May 15, 2007 I -r - - - h:p) ?tw&ck G EC McCAFFERTY & McKEEVER B seph A. Goldbeck, Jr., Esq. Attorney for Plaintiff =? ?ct t.1 .....? f"` S _ t, ? ` l??t 1? ? - -? t.A? +%?.. ? j9 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6312 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. KEVIN E. NACE JOANNE E. L. NACE (Mortgagor(s) and Record owner(s)) 627 Hummel Avenue Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS of Cumberland County No. 07-137 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: only. Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs JOSEPH A. GOLDBECK, JR., ESQUIRE v? LIN ID W 1 _.. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. KEVIN E. NACE JOANNE E. L. NACE (Mortgagor(s) and Record owner(s)) 627 Hummel Avenue Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS of Cumberland County No. 07-137 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE C`• C ?:?; -ri ? ? _? ? .-? -;. ? ,?? , ? i: -"? .- ,_ .. om.? ?^ , t .. :? ?" •? WM Specialty Mortgage LLC, without recourse In The Court of Common Pleas of VS Cumberland County, Pennsylvania Kevin E. Nace and Joanne E. L. Nace Writ No. 2007-137 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 20, 2007 at 1940 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Kevin E. Nace and Joanne E. L. Nace, by making known unto Kevin Nace, personally and adult in charge for Joanne E. L. Nace, at 627 Hummel Ave., Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 0920 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 Kevin E. Nace and Joanne E. L. Nace, at 627 Hummel Ave., Lemoyne, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Kevin E. Nace and Joanne E. L. Nace, by regular mail to their last known address of 627 Hummel Ave., Lemoyne, PA 17043. These letters were mailed under the date of April 03, 2007 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing 30.00 Poundage 1,730.00 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 30.72 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 266.36 Share of Bills 16.17 $2,504.75 So Answer : .0 R. Thomas Kline, Sheriff B Real Estate Sergeant ,/ 9,,,, ?// 71b 7 1 6b q?L- CIA- ?' ? S"q ( 'I PD- GO-dbeck,McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. KEVIN E. NACE JOANNE E. L. NACE (Mortgagor(s) and Record Owner(s)) 627 Hummel Avenue Lemoyne, PA 17043 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-137 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 627 Hummel Avenue Lemoyne, PA 17043 1.Name and address of Owner(s) or Reputed Owner(s): KEVIN E. NACE 627 Hummel Avenue Lemoyne, PA 17043 JOANNE E. L. NACE 627 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: KEVIN E. NACE 627 Hummel Avenue Lemoyne, PA 17043 JOANNE E. L. NACE 627 Hummel Avenue Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 4% • Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 627 Hummel Avenue Lemoyne, PA 17043 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best my p sonal knowledge or information and belief. I understand that false statements herein are made subject to the enalties f 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: February 12, 2007 GOLDBECK McCAI BY: Joseph A. Goldb Attorney for Plaintiff McKEEVER s GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff 07-137 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. KEVIN E. NACE JOANNE E. L. NACE Mortgagor(s) and Record Owner(s) 627 Hummel Avenue Lemoyne, PA 17043 Defendant(s) Term No. 07-137 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NACE, KEVIN E. KEVIN E. MACE 627 Hummel Avenue Lemoyne, PA 17043 Your house at 627 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $114,522.90 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and r ` a 07-137 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 • 07-137 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionAgoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1557. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. M . 07-137 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. KEVIN E. NACE JOANNE E. L. NACE Mortgagor(s) and Record Owner(s) 627 Hummel Avenue Lemoyne, PA 17043 Defendant(s Term No. 07-137 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NACE, JOANNE E. L JOANNE E. L. NACE 627 Hummel Avenue Lemoyne, PA 17043 Your house at 627 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $114,522.90 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311 and 07-137 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 -1110 07-137 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud_gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email athomeretention(u gYoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1557. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. All the eastern one-half of brick dwelling and lot located at 627 Hummel Avenue, Lemoyne Borough, Cumberland County, Pennsylvania. It being that certain half eastern one-half lot or piece of ground numbered eighty-four (84) of Section IV in a plan of lots known as Plan No. One (1) of Riverton, Pennsylvania, said plan being only recorded in Recorder's Office in and for Cumberland County, Pennsylvania, at Carlisle, in Deed Book "J", Volume 4, Page 40. Said Easter One-half of Lot No. 84, Section "D", being seventeen and one-half (17'/2) feet in front of Hummel Avenue, on the north side thereof and extending that width in depth, at right angle thereto one hundred and fifty (150) feet to Apple Alley. Being bounded on the north by Apple Alley; on the east by property, nor or formerly, of Clarence D. Eppley; on the South Hummel Avenue; and on the west by the other half of said Lot No. 84, Section "D", now or formerly, owned by Harry M. Kaufman. Parcel #12-22-0824-141 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-137 Civil i COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff (s) From KEVIN E. NACE AND JOANNE E. L. NACE (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 $114,522.90 L.L. $.50 Interest FROM 2/13/07 TO DATE OF SALE AT 6.9900% Atty's Comm % Due Prothy $1.00 Arty Paid $140.08 Plaintiff Paid Date: FEBRUARY 16, 2007 (Seal) Other Costs C is 3R. Long, P onota By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 eMLA C^a Real Estate Sale # 55 On March 6, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 627 Hummel Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 6, 2007 By: 00 CL?-i cY-rvt4 Real Estate Sergeant Z 1 .0I ,d 0Z 833 lWz ?'.4 . , 4 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#55 Sworn to and subscribedCObefore me this MMONWE4LTH OF PENNSYLV 44PR7 A.D. Notarial Seal Tent' L Russell, Notary Public City Of Harrisburg, Dauphin County Co mmissioil apires June 6, 2010 J? M ber, Pe ns ania Association of Notaries NOTARY UBL C • CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27 & May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 1 isa Marie Coyn ditor SWORN TO AND SUBSCRIBED before me this ---4 --_day of Maw 2007 r . ' L.1 - , p„hlt REAL ESTATE SALE NO. Sb Writ No. 2007-137 Civil WM Specialty Mortgage LLC, Without Recourse VS. Kevin E. Nace and Joanne E. L. Nace Atty.: Joseph Goldbeck All the eastern one-half of brick dwelling and lot located at 627 Hummel Avenue, Lemoyne Borough, Cumberland County, Pennsylvania. It being that certain half eastern one- half lot or piece of ground numbered eighty-four (84) of Section "D" in a plan of lots known as Plan No. One (1) of Riverton. Pennsylva , said plan being only recorded in Recorder's Office in and for Cum- berland County, Pennsylvania, at Carlisle, in Deed Book J", Volume 4, Page 40. Said Easter One-half of Lot No. 84, Section "D", being seventeen and one-half (17 1/2) feet in front of Hummel Avenue, on the north side thereof and extending that width in depth, at right angle thereto one hundred and fifty (150) feet to Apple Alley. Being bounded on the north by Apple Alley; on the east by property, nor or formerly, of Clarence D. Eppley; on the South Hummel Avenue; and on the west by the other half of said Lot No. 84, Section "D", now or formerly, owned by Harry M. Kaufman. Parcel #12-22-0824-141.