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HomeMy WebLinkAbout02-4969GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTR)'WII)E HOME LOANS INC. 7105 Corporate Drive PIN B-35 Plano, IN 75024-3632 Plaint{'ff VS. ROBERT.1. MILLER Mortgagor(s) and Real Owner(s) 6 Highland Avenue Shippensburg, PA 17257 De/endant(s) OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. Oa -49&1 LIC?i1 CIVIL F4CTION: MORI-GAGE T7 "1 FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU N VI LL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Y u c n cd in nni wia, to dclend against the claims set forth in the following pages, you most take action within twenty (20) days after the Complaint and notice ore cued, by uuur a r-nenupl rr pc"'ni'll mbta(torney and Filing nwriting with the courtyear dclcnses orobjeelions to the claims set forth against you. Youare warned that if you tail to dii vo the cao, may pmrccrl rcithout you and o iucignrent may be entered against you by the Court without Portlier notice for any money claim in the Complaint of for any other claim or relict c,rec cd by the P1,1 ill 'I'- I a, new lase money or property or other rights important to you. 1'OCSIR IU IAKP II ]Is 1'(11'192 TO V OUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICI SCI-F(JI29 11811(), TO 11ADOU'I V. I FIRE YOU CAN GET LEGAL I IELP. UUMBER1-AND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LP. IIA\ DL MANDADU \ I S tCD EN LA ('OR I E. SI DESEA DEFEN'DERSE CONTRA LAS QUEJAS PERESF,NTADAS, ES ABSOLUTAMENTE NECESSARIO OUR l1Sl FD ItI SI'ON0 A In ti IRO UI"n DI AS UISI'UFS DE SEI2 SEItVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE LISTED, O SU ABOG ADO RI:(IIS I RL (ON I A ( Olt I I IN FORMA ESCRU A, EL PUNTED DH VISTA DE LISTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. Ii II('UI RDI SI I SI D AO BE PONDC 1 ESTA DEMANDA, SFPUEDE PROSEGUM CON HLPROCESO SIN SID PARTICIPACION. ENTONCES, LA COUTEPUEDE, SIN N0I11 I( AIdlO DI (I)IR A 1' VA OR DEL DRM 1A'DANI F Y REQUERIRA QUE LIS'T'ED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. FOR RAZON DE ESA DI (ISION. ES I'(),SIl31,1 Q P1 I S I I Iv I'IIEDA PERDEIi DINERO, PROPII_DAD U OTROS DEREC'I IOS IMPORTANTES. LI I V F FS-I A DEM:AND:A A EN ABOGADO IMMFDIATEAMFNTE. SI NO CONO('I- A I'V Va )OADO. LI>AME AI- `LAWYER REFERENCE SERVICE' (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Clurlisle, PA 17013 LFGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC., 7105 Corporate Drive, PTX B-35 Plano, TX 75024-3632. 2. The name(s) and address(es) of the Defendant(s) is/are ROBERT J. MILLER, 6 Highland Avenue, Shippensburg, PA 17257, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On October 30, 1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORP., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1414 Page 180. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. by Assignment of Mortgage dated November 30, 1998 and recorded on February 09, 1999 as Book 306 Page 72; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due May 01, 2002, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 04/01/2002 through 10/31/2002 at 8.0000% Per Diem interest rate at $19.66 Attorney's Fee at 5.0% of Principal Balance Late Charges from 05/01/2002 to 10/31/2002 Monthly late charge amount at $33.00 Costs of suit and Title Search Escrow Monthly Escrow amount $137.46 $89,718.87 $4,207.24 $4,485.94 $198.00 $750.00 $99,360.05 $0.00 $99,360.05 7. The Attorney's Fees set forth above are inconformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) 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 hercto as Exhibit "A". The Defendant(s) has/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 Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Crcdit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $99,360.05, together with interest at the rate of $19.66, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: BY: JOSEPH Y. GOLDhtC] ATTORNEY FOR PLAINTIFF a??,&401?- tTY & MCKEEVER JR., ESQUIRE VERIFICATION I, Michael D. Vestal, 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, i nfonnation and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: /0 d V Michael D. Vestal COUNTRYWIDE HOME LOANS INC. 1 • 1? 02 07:11a 'o f 3 0 1 x 1 jw" p.4 Iy NOU 3 PM 2 27 Tao Pnrcot No. 39.86-2436.034 THIS DErD MADE this -'Q day of LtCnX in the year nineteen hundred ninety-seven(19g7); Grantor, BETWEEN P. TERRY CLINE, single person, of Carlisle, Cumberland County, Pemtsybanin, AND • ROBERT J. MILLER, single person, of Newvilie, Cumberland County, Petntsylvania, Grantee, WITNESSETH, that In consideration of the sum of NINETY ONE THOUSAND, NINE HUNDRED, ($91,900.00) DOLLARS, In bend paid, the receipt whereof ie hereby acknowledged, Lite said Grantors do hereby grant and convey, in fee simple, to the said Grantee, situate in CumberAL Conwea ERTh IN par elvoof la and known as the Township of Soutluuuptun, County Of known as South Mountain Estates, said Lot Number 6$ Section 9, the development and described as follows: Plan recorded in Cumberland County Plan Book 27 at Page 117, BEGINNING at a point on Highland Avenue at corner of Lot No. 63; thence along Lot No. 63, South 11 degrees 00 minutes 26 seconds. East 203.87 feet to a point at corner of Lot No. 63 and line of Lot No. 83; thence along Lot No. 83, South 63 degrees 22 minutes 46 secanda, West--75.00 feet to a Point at corner of Lots No. 83 and 80; thence oiong Lots No. 90 and 01, North 19 degrees 28 militates 30 seconds West 225.00 feet to a point on Highland Avenue at corner of Lot No. 61; thence by a curve having a radius of 573.51 feet a distance of 105.71 feet by along chord North 77 degrees 45 utes 48 East a distance of 105.56 feet too point at comer of Highland Avenue and Lot. No. 63,! iota place oi-EOGINNING. CONTAINING 19,346 square feet. BEING a part of the same tract of land which J. Richard Stanesifer, Uy and through his attorney. is-fact, Gregory S. COnfeir, joined by his respective spouse, Ruby Marie. StZoifer, also by and throu her attorney-in Office S. COnfair, granted and tronve gh yed to P. Terry Clime on April 24, 10997, and Book recorded 168, In Page Lite e Olll 589. ee of the Recorder of Deeds in and for Cumberland County, Pennsylvania, Deed BEING a Part of Lite Blame premises which J. 12 Richard Btdnesi{ar, by agreement of Sale dated May , 1994, and recorded in the Office oC the Recr' Deeds . and for Cumberland sned County, Pennsylvania, In Miscellaneous Book 4% Page 60, contracted to sell to P. Terry Cline, Grantee herein. UNDER AND SUBJECT TO restrictions of record. Countrywide- HOMELOANS Send Correspondence to: P.O. 80x260599 Plano, TX 75026-0599 July 2, 2002 Robert J Miller Send Payments to: P.O. Box 660694 Dallas, TX 75266.0694 Certified Mail No. Return Recelpt Requested Ranular Moll 6 pntl Ave V 0 ? "tea "A,?=' Shippenpansburg, PA 17257-0000 a`r /z?H ¦¦I P®Y Account No.: 807747 Property Address: 6 Highland Ave Shippensburg, PA 17257-0000 Current Servicer: Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains Important legal information. If You have any questions, 4 ' r 1 Credit Counseling Agency may be able to help answer them. You may also wentrto contact an adorney In your area. The local bar association may be able io help you find a lawyer. LA NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SO NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NI)MERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRtSTAMO FOR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE-ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN $A E YOUR HO AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS ME FROM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. Please write your account number on all checks and correspondence. SREACHPA 6126/200D RobenJMll.r 607747-1 e10eeN..4AV. .r«?pretaswewroxm..davr.ar,.w„w,i.rpy,Mn.e.n„m„«y,«r«?.? $3,015.71 AS OFAOgust 6, 2002 eflac"M Coun -de- coneLoma P,O. BOx 660694 Dallas, TX 75266-0694 ?)r a ?r ?r ?r n?r ?, ?? a r)?u((uu ((u ?r?n r?n? ?r(a r ? u)ulr ?? 080774710003015710301571 TEMPORARY STAY OF FORE OSURF - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-five (35) days from the date of this Notice. During that time you must arrange and attend a °lace•to- face" meeting with one of the consumer credit counseling agencies listed at the and of this Notice. THIS MEFTIMP MUST OCCUR WITHIN THC NC1T rest ,.- reuNG AGENCIES - It you meet with one of the consumer credit counsaling agencies the lender may NOT take action against you for thirty-five (35) days after the date of this Tee and Intention. no,nrt-..r ___. .. to-race meeting. Advise your gentler immsdiatGly of your Intentions. e' "'s Only necessary to schedule ones face- APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage Is in default for the reasons set forth later In this Notice (see following pages for specific information about the nature of your default.) If you have hietl antl are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the and of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-five (35) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sourly (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT Be CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFA LT - COuntrvwide Home Loans Sen fter `Countrywide") services your home can.. our home loan IS in serious default because you have not mareinayour amount now required to reinstate your home loan as of the date of this letter is as folowsrequired payments. The total Monthly Payments: $625.00 Late Chances: $33.00 $1,$66.00 Other Cherries: Uncollected Late Charges: $66.00 Uncollected Costs: $1,213.21 $66.50 TOTAL DUE: $3,015.71 PAYMENT INSTRUCTIONS Please lake your cheek payable to Coumrywlde Hama Loaner ' • ante your loan number on your shack or money order • Don t adach - YourchaCk to the payment mupon ' WAe inanyadddiMalamountsyeuareindudin.(If ' DMInClUdeeemespolldenpe ' total is more 'ban $5noD, please send codified check.) - Don tsendcan Payments; All payments%II be applied to the longest culstanding lnslellmam due, unless tuberose expmsiy, pmhfMed by law. AddiHanal amounts, If you III sped") the pplposa of additional amounts IndudW, m wit apply them ring to any outstanding payments, ascmw widtanoK late Charges amour lees due. We wm then apok any mmaWng amounts as a principal reduction, It you swoh an atlWlonal pmtdise payment writ your home loan payment, Ceeahyµlda IM Nal appry your hone ban payment, than the addnlwal principal payment. Your ban must be wnent before Nre can apptyanyDnngpal retluglon. HOW TO CURE THE DEFA Ir T- You may cure this default within THIRTY-FIVE (35) DAYS of the date of this letter, by paying to us the above amount of $3,015.71, plus any additional monthly payments, late charges, fees and other applicable charges which may fall due during this period. Such payment must be In the form of certified checK cashier's check or money order, and made payable to Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. If your check or other payment is returned to us for Insufficient funs or for any other reason, you will not have cured your default. No extension of time to cure will be granted due to a returned payment. If you do not cure this default within THIRTY-FIVE (35) DAYS, we will accelerate the payments due on your home loan. This means whatever Is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off your home loan In monthly installments. If the full payment of the amount in default is not made within THIRTY-FIVE (35) DAYS, we also Intend to immediately start a lawsuit to foreclose on your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - If the mortgage Is foreclosed, the mortgaged property will be sold by the Sheriff to pay off the mortgage debt. it the default Is cured before we begin legal proceedings, Countrywide will be entitled to collect the reasonable attorney's fees actually incurred, up to $50.00. However, If legal proceedings are started, Countrywide will be entitled to collect the reasonable attorney's fees even If they are over $50.00. Any attorney's fees will be added to the secured debt, which may also Include our reasonable costs. If you cure the default within the THIRTY-FIVE (35) DAY period, you will not be requiretl to pay attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NOW EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO FORECLOSURE SALE - If you have not cured the default within the THIRTY FIVE (35) 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 foreclosure sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the foreclosure sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default In the manner set forth In this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POS%1fL FOR LOS R SAE DAT - It Is estimated that the earliest date that a foreclosure sale could be held would be approximately six (6) months from the date of this letter. A notice of the date of the foreclosure sale will be sent to you before the sale. You may find Out at any time exactly what the required payment will be by calling us at the following number: 1-800-669-5231. This payment must be in the form of a cashier's check, certified check or money order and made payable to us at the address stated above. If the default is cured, the mortgage will be restored to the same position as If no default had Occurred. However, the default may not be cured more than three (3) times in any calendar year. HOW TO CONTACT THE LENDER: Name of Lender: Countrywide Home Loans Servicing LP Address; P, 0. Box 10221 Van Nuys, CA 91410.0221 Phone Number- 1-800.669-5231 Fax_ Number, 1-805-577.3432 Contact Person: VincentAlortM MS SV-34 Attention: Loan Counselor EFFECT OF FORECLOSURE AL - You should realize that a foreclosure 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 to remove you and your furnishings and other belongings could be started by Countrywide at any time. ASSUMPTION OF MORTGAGE - Contact Countrywide Home Loans for information on the possible assumabllity of Four loan. Y 9U MAY ALSO HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. T HAD OCCURRED, O HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT DEFAULT. RIGHT TO CURE IYOUOR DEFR ULTEMORE THANHTOHREEETIMEOS M ANY CALENDAR HAVE THIS T YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Pursuant to your home loan documents, and because the home ban is In default, Countrywide may, at Its option, enter upon and conduct an inspection of the property. The purpose of this inspection Is to observe the physical condition of the property, to verify that the property is occupied and/or to determine the Identify of the occupant. The cost of any such inspection will be added to and become part of the secured debt as provided under the terms of the home loan documents. It you are unable to cure your default on or before August 6, 2002, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: Countrywide. • Repayment Plan: It is possible that you may be eligible for some form of payment desistance through the account Our basic plan requires that Countrywide receive, up front, at least % of the amount necessary lob ring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. Loan Modification: Alternatively, It is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types. • Sale of Your Property: Alternatively, if you are willing to sell your home in order to avoid foreclosure, it Is possible that the sale of your home can be approved through Countrywide even If your home Is worth less than what Is owed on it. • Dego-in-Lleu: Alternatively, if your property Is free from other liens or encumbrances, and If the default Is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will determine, in Its sole discretion, whether such assistance will be extended to you. In the meantime, Countrywide will pursue all of its rights and remedies under the home loan documents and as permitted by law, unless it agrees otherwise In writing. Please be advised that failure to bring the home loan current or to enter Into a written agreement as outlined above will result In the acceleration of the debt. Time is of the essence. Should you have any questions concerning this notice, please contact Countrywide's office immediately at 1-800-669-5231, extension 9683. VUTC?i1t nG0[t'?p. Vincent Alonzo Loan Counselor 1-800-669-5231, extension 9683 Please be advised that this communication Is from a debt collector. `fib' c P L SHERIFF'S RETURN - REGULAR CASE NO: 2002-04969 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS MILLER ROBERT AN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ROBERT J DEFENDANT the , at 2033:00 HOURS, on the 21st day of October , 2002 at 6 HIGHLAND AVENUE SHIPPENSBURG, PA 17257 by handing to ROBERT MILLER 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 13.80 Affidavit .00 Surcharge 10.00 .00 41.80 Sworn and Subscribed to before me this 23 L day of D?tP.. o207JZ A. D. Prothonotary So Answers: R. Thomas Kline 10/22/2002 GOLD13ECK MCCAFFERTY MCKEEVER By: Deputy Sheriff was served upon In the Court of Common Pleas of Cumberland County MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. ROBERT J. MILLER (Mortgagor(s) and Record Owner(s)) 6 Highland Avenue Shippensburg, PA 17257 Defendant(s) PRAECIPE FOR JUDGMENT No. 02-4969 CIVIL TERM 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 ROBERT J. MILLER by default for want of an Answer. Assess damages as follows: Debt Interest - 04/01/2002 to 11/22/2002 Total (Assessment of Damages attached) $99,982.63 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least to ys prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237./1 1 . / I Attor e for Plainth' I I.D. # ,32 (// AND NOW l d O? Judgment is entered in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. and against ROBERT J. MILLER by default for want of an Answer and damages assessed in the sum of $99,982.63 as per the above certification. Prothonotary A CD r" ? _ 7 P - i GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 vs. ROBERT J. MILLER (Mortgagor(s) and Record owner(s)) 6 Highland Avenue Shippensburg, PA 17257 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4969 CIVIL TERM Defendant(s) ORDER FOR JUDGMENT Please enter Judgment in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC., and against ROBERT J. MILLER for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $99,982.63. I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 and that the name(s) and last known address(es) of the Defendant(s) is/are ROBERT J. MILLER, ?hland Anue Shippensburg, PA 17257; TRr. TY & McKEEVER "UL x MFff BY: J ph A. G Attorn for -,a ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $89,718.87 Interest from 04/01/2002 through $4,659.36 11/22/2002 Attorney's Fee at 5.0000% of principal $4,485.94 balance Late Charges $231.00 Costs of Suit and Title Search $750.00 Escrow Balance Deficit $137.46 ($0.00) $99,982.63 BY: Josebh A. Goldbe k, Jr. Attorney for Plaintiff McKEEVER AND NOW, this O&k day of 2002 damages are assessed as above. Pro Prothy i2?j `7 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, ROBERT J. MILLER, is about unknown years of age, that Defendant's last known residence is 6 Highland Avenue, Shippensburg, PA 17257, 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 otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments- Date: 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: November 12, 2002 TO: ROBERT J. MILLER 6 Highland Avenue Shippensburg,PA 17257 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 vs. ROBERT J. MILLER (Mortgagor(s) and Record Owner(s)) 6 Highland Avenue Shippensburg,PA 17257 TO: ROBERT J. MILLER 6 Highland Avenue Shippensburg, PA 17257 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 02-4969 CIVIL TERM 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 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: Ct1M9ERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Cazliele, PA 17013 LEGAL SERVICES INC W8 Lvine Row C 11171 PA 17013 ]I7-243-Wo G C 1CCAFFER EVER B ' seph A. Goldbeck, Jr., Esq. Altomey for Plaintiff Suite 500 - The Bourse Bldg. I I I S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. No. 02-4969 CIVIL TERM ROBERT J. MILLER (Mortgagors and Record Owner(s)) 6 Highland Avenue Shippensburg, PA 17257 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 Proth otary By: Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 I' n r-> g Fl 51 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. I I I S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. ACTION OF MORTGAGE FORECLOSURE ROBERT J. MILLER (Mortgagor(s) and Record Owner(s)) 6 Higbland Avenue Shippensburg, PA 17257 Defendant(s) No. 02-4969 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 6 Highland Avenue Shippensburg,PA 17257 I.Name and address of Owner(s) or Reputed Owner(s): ROBERT J. MILLER 6 Highland Avenue Shippensburg,PA 17257 2. Name and address of Defendant(s) in the judgment: ROBERT J. MILLER 6 Highland Avenue Shippcosburg,PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: LOWER ALLEN TOWNSHIP AUTHORITY 120 Limekiln Road New Cumberland, PA 17070 BUREAU OF COMPLIANCE Dept. 280946 Harrisburg, PA 17128-0946 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 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. (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: November 22, 2002 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3150-3153 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ROBERT J. MILLER Mortgagor(s) and Record Owner(s) 6 Highland Avenue No. 02-4969 CIVIL TERM Shippensburg, PA 17257 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $99,982.63 Interest from 04/01/2002 to 11/22/2002 at 8.0000% (Costs to be added) BY: Josepl+?. Goldbeck, Attorney Co Plaintiff McKEEVER ? n " ;? i mr . _ ' , ? .. L ? r ,(11 r C', _ . -'. r y l 3 ? ? - it a ? .. ? J,: YV a wll a ?O H? U ?UW H ? o, Er v ? NO i7' O O U x iN w ?i o¢ F O a w O ww U Q U w O W U ?4 O CQ7 U Hz x^ 0 z 0 N U F c 5 w y .? c CG ? O O o a R ? w r o w 7 u an ? ti x ? w ? N W ? o U [ Ql :C ? M? N ? N ? N L W c 0.i ?^ v 0 ? ?O ? 'V N n u ? Vi u s ? o ? CJ ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE TOWNSHIP OF SOUTHAMPTON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, AND KNOWN AS LOT NUMBER 62, SECTION 3, IN THE DEVELOPMENT KNOWN AS SOUTH MOUNTAIN ESTATES, SAID PLAN RECORDED IN CUMBERLAND COUNTY PLAN BOOK 27 AT PAGE 117, AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON HIGHLAND AVENUE AT CORNER OF LOT NO. 63; THENCE ALONG LOT NO. 63, SOUTH 11 DEGREES 00 MINUTES 25 SECONDS EAST 203.87 FEET TO A POINT AT CORNER OF LOT NO. 63 AND LINE OF LOT NO. 83; THENCE ALONG LOT NO. 83, SOUTH 63 DEGREES 22 MINUNTES 45 SECONDS WEST 75.00 FEET TO A POINT AT CORNER OF LOTS NO. 83 AND 90; THENCE ALONG LOTS NO. 90 AND 61, NORTH 19 DEGREES 28 MINUTES 30 SECONDS WEST 225.00 FEET TO A POINT ON HIGHLAND AVENUE AT CORNER OF LOT NO. 61; THENCE BY A CURVE HAVING A RADIUS OF 573.51 FEET A DISTANCE OF 105.71 FEET BY A LONG CHORD NORTH 77 DEGREES 45 MINUTES 48 SECONDS EAST A DISTANCE OF 105.56 FEET TO A POINT AT CORNER OF HIGHLAND AVENUE AND LOT NO. 63, THE PLACE OF BEGINNING. CONTAINING 19,346 SQAURE FEET. WRIT OF EXECUTION- (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AND Rule 3257 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. ROBERT J. MILLER 6 Highland Avenue Shippensburg, PA 17257 Commonwealth of Pennsylvania: County of Cumberland To the Sheriff of Cumberland County, Pennsylvania WRIT OF EXECUTION (MORTGAGE FORECLOSURE) To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: PREMISES: 6 Highland Avenue Shippensburg, PA 17257 See Exhibit "A" attached AMOUNT DUE Interest From 04/01/2002 Through 11/22/2002 (Costs to be added) $99,982.63 Dated: Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy In the Court of Common Pleas of Cumberland County No. 02-4969 CIVIL TERM U Z ti F U ? h W ? y ? e a zz a a z O Q F a 6 z a a F a W y a ? s ?, N vo'i j o ;j o a y C n U Vi fA V3 N (A U z b o a ? ` X o FC1 Q ? Q i F C !n W ? N F-. cv 3 LLJ o ° 6 oU ,L W L)o 5 a ? c) F - u W E w x C z a u UL) U F, ,°p OwQ°, ;? ' Q W F Q ? 0.. V'z1N ? F O Wa ? Ou. ? o N 0 Q F N w N 9 o tz° r u C 4u <n L V i u w V ? O u Q ^p V W V 1? e" ? = N ?. . . S U C b R F U S Q u U f a a,? s ? ? l o 'O rvl U o Q N ' d V lv ) \ '1 r o _ C?j 02-4969 CIVIL TERM GOLDBECK MCCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attomev for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff VS. ROBERT J. MILLER Mortgagor(s) and Record Owner(s) 6 Highland Avenue Shippensburg, PA 17257 ACTION OF MORTGAGE FORECLOSURE Term No. 02-4969 CIVIL TERM 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: MILLER, ROBERT J. ROBERT J. MILLER 6Ilighland Avenue Shippensburg,PA 17257 Your house at 6 Highland Avenue, Shippensburg, PA 17257 is scheduled to be sold at Sheriff s Sale on Wednesday, March 05, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $99,982.63 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOAN'S INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLF, TO PREVENT THIS SIIERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC., the back payments, late charges, costs and reasonable attorney's fees due. To Find out how much you must pay call: 215-627-1322 02-4969 CIVIL TERM 2. You maybe 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 sate for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attomey 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 TFIF, SHERIFF'S SALE DOES NOT TAKE PLACF. 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 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 dish ibution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sate. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8Irvine Row Carlisle, PA 17013 <? c.. - ?-i "''`c ` ;7 ? ` r `--? _ _?_ ' r:. L_ ( ? ?'fl 7 ? t < IJ - Jospeh A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. CIO COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. ROBERT J. MILLER Mortgagor(s) and Record Owner(s) 6 Highland Avenue Shippensburg, PA 17257 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 02-4969 CIVIL TERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Joseph A. poldbeek, Attorney V plaintiff ?> o ? C? IV i"i T ` ; ? ' f ?? -j -? ?_. 1 1 ? C? ? , .; ' f J -<r , -'i ? ?_ (_> r C ? _. /1 ? ?> -1 ca =< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4969 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., c/o COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From ROBERT J. MILLER, 6 HIGHLAND AVE., SHIPPENSBURG PA 17257. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 6 HIGHLAND AVE., SHIPPENSBURG PA 17257 (SEE ATTACHED 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 $99,982.63 L.L. $.50 Interest FROM 4/1/02 TO 11/22/02 @ 8.000% Arty's Comm % Due Prothy $1.00 Arty Paid $118.80 Other Costs Plaintiff Paid Date: DECEMBER 2, 2002 CURTIS R. LONG Proth tary (Seal) By: E? k4'c ti Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL, EAST PHILADELPHIA PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. ROBERT J. MILLER Mortgagor(s) and Record Owner(s) 6 Highland Avenue Shippensburg, PA 17257 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4969 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 04/01/2002 to 11/22/2002 at 8.0000% $99,982.63 (Costs to be added) BY: Joseph'. Goldbeck, Attorney fo Plaintiff McKEEVER C (71 - T tti3 , c; „ W U E-?1 C\ v N 0 O z a w a a z 0 U FTk U x w E-' U zz 00 H a C7 x ?w U C] O U w O ? O U H4- x 0 z 0 .. F V ? d ? ? U u " ? 0 d ? ` on c v W w ?? ? ' ' pup o ti N ? i d b ? V H N . /-r ? N [ 03 I O V? M ? ? O b ? b C w ? ? p ?+ 1' o v a i O ? y bL (J O v-. .. b ro N N .t: . ?i ? ? c ? oc ¢ a n , ? U te ? p ow a O? v o iV.ov ? O N c ? H n o U a ? U a ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE TOWNSHIP OF SOUTHAMPTON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, AND KNOWN AS LOT NUMBER 62, SECTION 3, IN THE DEVELOPMENT KNOWN AS SOUTH MOUNTAIN ESTATES, SAID PLAN RECORDED IN CUMBERLAND COUNTY PLAN BOOK 27 AT PAGE 117, AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON HIGHLAND AVENUE AT CORNER OF LOT NO. 63; THENCE ALONG LOT NO. 63, SOUTH 11 DEGREES 00 MINUTES 25 SECONDS EAST 203.87 FEET TO A POINT AT CORNER OF LOT NO. 63 AND LINE OF LOT NO. 83; THENCE ALONG LOT NO. 83, SOUTH 63 DEGREES 22 MINUNTES 45 SECONDS WEST 75.00 FEET TO A POINT AT CORNER OF LOTS NO. 83 AND 90; THENCE ALONG LOTS NO. 90 AND 61, NORTH 19 DEGREES 28 MINUTES 30 SECONDS WEST 225.00 FEET TO A POINT ON HIGHLAND AVENUE AT CORNER OF LOT NO. 61; THENCE BY A CURVE HAVING A RADIUS OF 573.51 FEET A DISTANCE OF 105.71 FEET BY A LONG CHORD NORTH 77 DEGREES 45 MINUTES 48 SECONDS EAST A DISTANCE OF 105.56 FEET TO A POINT AT CORNER OF HIGHLAND AVENUE AND LOT NO. 63, THE PLACE OF BEGINNING. CONTAINING 19,346 SQAURE FEET. WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AND Rule 3257 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. ROBERT J. MILLER 6 Highland Avenue Shippensburg, PA 17257 Commonwealth of Pennsylvania: County of Cumberland To the Sheriff of Cumberland County,-Pennsylvania In the Court of Common Pleas of Cumberland County No. 02-4969 CIVIL TERM WRIT OF EXECUTION (MORTGAGE FORECLOSURE) To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: PREMISES: 6 Highland Avenue Shippensburg, PA 17257 See Exhibit "A" attached AMOUNT DUE Interest From 04/01/2002 Through 11/22/2002 (Costs to be added) Dated: $99,982.63 Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy U z LQ F U ? ? ° Od a ? u ao? , j w F L? w n E> OU v? ? o °' w ? ba ?•p ?a? v U F ri, w w ly v; ?; r ' X L" W ° o V `.' y u ° cq ? O F m U F r v? W " Q u ? U a d V i = O t4 E o O ?, O u F o CL o V ! o c w? _ LL) a O w E - - F wU s xw00 c U z w o o F F <U `a w? FX 0LLIF V 1 4 0. Q Q W O O O a W F F V L w F O O W a C4, ZU UO-;Uv? (? ?- r-- J _ 1 ?' C -? A=te n ?_=, ?? ? ?? ,, _ \ ? ? ?; n ,. ?_ `? ' ? ? ? N ?. - ?` _ t i -s ?'? ? "= , ? ? i ?1. e--? I yC= J _=i J ?- ?. i ? _ ? `?I .., ?, Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE I-TOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ROBERT J. MILLER ACTION OF MORTGAGE FORECLOSURE (Mortgagor(s) and Record Owner(s)) 6 Highland Avenue Shippensburg, PA 17257 Defendant(s) No. 02-4969 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 6 Highland Avenue Shippensburg, PA 17257 1.Name and address of Owner(s) or Reputed Owner(s): ROBERT J. MILLER 6 Highland Avenue Shippensburg, PA 17257 2. Name and address of Defendant(s) in the judgment: ROBERT J. MILLER 6 Highland Avenue Shippensburg, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: LOWER ALLEN TOWNSHIP AUTHORITY 120 Limekiln Road New Cumberland, PA 17070 BUREAU OF COMPLIANCE Dept. 280946 Harrisburg, PA 17128-0946 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 22, 2002 GOL C'AFF Y McKEEVER BY: Joseph oseph Goldbeck, r., sq. Attorney for laintiff Jospeh A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ROBERT J. MILLER Mortgagor(s) and Record Owner(s) 6 Highland Avenue Shippensburg,PA 17257 Defendant(s) ACTION OF MORTGAGE FORECLOSURE NO. 02-4969 CIVIL TERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Joseph A.?dldbeck, Attorney plaintiff v r_ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4969 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., c/o COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From ROBERT J. MILLER, 6 HIGHLAND AVE., SHIPPENSBURG PA 17257. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 6 HIGHLAND AVE., SHIPPENSBURG PA 17257 (SEE ATTACHED 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 $99,982.63 Interest FROM 4/1/02 TO 11/22/02 @ 8.000% Atty's Comm % Atty Paid $118.80 Plaintiff Paid Date: DECEMBER 2, 2002 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Proth tary By. ?.? Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL, EAST PHILADELPHIA PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 02-4969 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. CIO COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff vs. ROBERT J. MILLER Mortgagor(s) and Record Owner(s) 6 Highland Avenue Shippensburg, PA 17257 ACTION OF MORTGAGE FORECLOSURE Term No. 02-4969 CIVIL TERM 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: MILLER, ROBERT J. ROBERT J. MILLER 6 Highland Avenue Shippensburg, PA 17257 Your house at 6 Highland Avenue, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $99,982.63 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC., the back payments, late charges, costs and reasonable attorney's fees due. To Find out how much you must pay call: 215-627-1322 02-4969 CIVIL TERM strike or pen jg 2. You maybe able to the judgment was improperly enterthe sale by ed. You may also ask the Court to postpone the the sale foogoodreause nt, if 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 OTITFR 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 h n I 71 IJ GOLDBECK McCAFFERTY & McKEEVER Px: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. ROBERT J. MILLER Mortgagor and Record Owner 6 Highland Avenue Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4969 CIVIL TERM CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) 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 Office/competent adult (copy of return attached). 90 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. Respectfully submitted, BY O se A. oldbeck, Jr. Att ey for Plaintiff 7160,3901 9844 1074 9494 TO: MILL FA, R013ER"1 J. ROBERT J. MILLER 61lighland Avenue Shippensburg, PA 17257 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER November 22, 2002 REFERENCE: MILLER, ROBERT J. / CWD-2196 03/05/03 - Cumberland RETURN t-osiage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service POS k&'!Rk OR Receipt for Certified Mail \'1:1411'--'f No Insurance Coverage Provided 7V I" Do Not Use for International Mail AFFIX POSTAGE TO MAIL PIECE TO COVER FIRST CLASS POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. 1. Detach the form 3811, Domestic return receipt by tear- ing left to right across pert. Attach to mailpiece by peeling back the adhesive strips and affixing to front of mailpiece if space permits. Otherwise affix to back of mailpiece. 2. If you do not want the receipt postmarked, stick the article # label to the right of the return address, date receipt and retain the receipt. 3. If you want this receipt postmarked, slip the 3800 receipt between the return receipt, and the mailpiece, and slide the edge of the receipt to the gummed edge of adhesive. This will hold the receipt in place to present to your mailcenter. or post office service window. (SEE ILLUSTRATION) (Form 3MM ) 201 Nl 190 ,a Lt99 1 S- IIn9 Mana99r •d, S.R. 110 -?Iklero0?, cA 9] 099 S... 123 O Name = -- 129 Mein kl BaM, a1261 _ C6y. 9Mr 12916 m n It1111W IKCE/IMIOUEa1FD Da91E D. Dos Legal Segment Merkating Menage, Wel9 1"Sta1 Soletlona, Inc. 1588 South Mlaeion Rd. Sulfa 110 Fallb rook, CA 920284112 4. Enter fees for the services requested in the appropriate spaces on the front of this receipt. 5. Save this receipt and present it if you make an inquiry. r? V Q O, ??yy c -4 ?7 \ 1 4 1 S7 O •n v O W m 00 v 5 b i 'n A W N -i O (D OD 'J CD L" W N -? -?+. d b N ? n Z N 4. p N p ? i O N [L s T Z T s c ? s 1-4 1 70-1 pg sbsa m z,,,r v i7 i p mx c?sv co D cr z $Z e >o-j J; Aa 3 y I v4 w y z o ¢z ~ A O p j o X rn w $ r„ D ! N A CB?t ° Y V b A O O u A? ? n m n 8? ' S d C? .•. rir a c v MMM • N $ a L O ?/? W!? o YnRi? X A s n Cd c Y O ? a y o l7 j : ? 7 o n • < b $ ? a • ? Y C n 3 ? 2 0 0110 o v S c> >o > 2 s ; C> • Y : O J O ? =i `M ?B ? . •?1i 4?? ? x Zli, ?_?? 3?ag st ? a a o O O? N a TH 3. p W i OR v C4 4 - p u 4 ° tf m w n A ?+ C7 N a .s v a oo o ? r f %0 Q -+ a o a 00 xn O? N W '" 444 p o ? $ py 1 e ?.y n T1 w n u i. r a? i mo d Q< >Z ?? ?C d 0 m Eo • v O U N ? y a` m ? d m L a ? m °' d d • n . ? A ? m T N 1 d Q j7 b ID; s ? v x? W o t?QQ W ~ (?. O F CJ ?- tai •? ?. 7) co n '7 fn d F V N» ia,. o? '?D R :z C CE M . J V - •.? e Q cn Q -? y F Q ?.+ V7 C7 , LL 04 CO V - d c z m v • m Z T . O cn O =?c0= O _ D?mC) O . N M com= m m r. x m = Z D Dvmn _ v ° D 'a ou > m0 m cn -= -? z c „ . ca 0 m = cn Z --: = orncn?_ c,zm?= N0W N -; M c r?0 rZm= m Do .1 m O D < M 0 0 ° Cl) m • -0 „ (C) c ? CD . zC ,9 °U)CDCn N O T. d Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff VS. ROBERT J. MILLER Mortgagor and Record Owner 6 Highland Avenue Shippensburg, PA 17257 ACTION OF MORTGAGE FORECLOSURE No. 02-4969 CIVIL TERM Defendant AFFIDAVIT PURSUANT TO RULE 3129 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 6 Highland Avenue Shippensburg, PA 17257 1.Name and address of Owner or Reputed Owner: ROBERT J. MILLER 6 Highland Avenue Shippensburg, PA 17257 2. Name and address of Defendant in the judgment: ROBERT J. MILLER 6 Highland Avenue Shippensburg, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: LOWER ALLEN TOWNSHIP AUTHORITY 120 Limekiln Road New Cumberland, PA 17070 BUREAU OF COMPLIANCE Dept. 280946 Harrisburg, PA 17128-0946 PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 19, 2003 GOLDBE I4CAFFERTY & McKEEVER BY;, J,6seph A. oldbeck, Jr., Esq. Attbinev for Plaintiff Mortgage Electronic Registration Systems In The Court of Common Pleas of Inc. c/o Countrywide Home Loans, Inc. Cumberland County, Pennsylvania VS Writ No. 2002-4969 Civil Term Robert J. Miller R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Joseph Goldbeck. Sheriff's Costs: Docketing Poundage Posting Handbills Advertising Surcharge Law Library Prothonotary Mileage Certified Mail Levy Cumberland Law Journal Patriot News Share of Bills 30.00 12.51 15.00 15.00 20.00 .50 1.00 23.46 3.91 15.00 256.10 216.52 25.21 $ 634.21 paid by attorney 5/12/03 Sworn and subscribed to before me So An er This / day of R. Thomas Kline, Sheriff 2003, A.D._ Prothonotary 15 Real Estate Deputy 1 . ?3.79?y 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. ROBERT J. MILLER Mortgagor(s) and Record Owner(s) 6 Highland Avenue Shippensburg, PA 17257 Defendant(s) CWD-2196 CF: 10/11/2002 SD: 06/07/2006 $99,982.63 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-4969 CIVIL TERM CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) 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 Office/competent adult (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. ?Jeect:%V s d LAI f3: Jo ph A. G61beck, Jr. Attorney for Plaintiff o- ru ti u, M M Co 0 ru Certified Fee C3 C3 Retum Fee u O (Endorsement Req ired) O Restricted Del" Fee Cr (Endorsement Required) M O Total Postage & Fees Ln O O f'? ¦ Complete Reins 1, 2, and 3. Also complete Rem 4 R Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the Card to you. ¦ Attach this card to the back of the mailpiece, or on the front N space permits. 1. A I(rl? *106 MILLER, ROBERT J. 6 Hind Avenue Shippensburg, PA 17257 17 Fbstrnol kA X ' ? Ft ? s. Received by meal Name) C. D. Is delivery address different from item 1? Yes If YES, enter denvery address below: ? No 3. Service Type 1Zj Certified Mall O Express Mail ? Registered ? Return Receipt for Merchandise ? insured man ? C.O.D. ,4,6 J=cted - Delivery? (Extra Fee) Ill Y 2. Article Number (rrarerierfrom eenvke kbo * 70050390000208335229* PS Form 3811, February 2W4 Domestic Retum Receipt 102595024A-1540; n LL Soo u p ?O o. AW N LL _ CO O t a LL o ? OLL ? co ; ` at o Q N Q y m + C E a c '3' IL 4D CL M -75 Em 46 '012 0 4) a. a VIC= F3 U. c a c 0 a A m 0 - i} c Fn E 0 CO :3 ui CL W E 8 O V LO C14 X Q E M.- L) C14 04 LU ? z z 0 gall '0 (a n g a .2:- El F-I 1:1 EID Lu LU Ix C7 L) Z: CL a a. C.) L) ix m a. Z: M :1 Z: Z F a 7 7 g o CL m t ?? zs a N O N LU 16 w CL ID W W 2 N Q y J_ vYOWaN a -j ~ aVoY-i" IS WOwWM s 0) M F- comW) a QV- d pWMg ? z N E EJH o Z ? m° a N C') v ui co d p m C, U 0 t 7 . r a a GOLDBECK MCCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. ROBERT J. MILLER Mortgagor(s) and Record Owner(s) 6 Highland Avenue Shippensburg, PA 17257 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 024969 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 6 Highland Avenue Shippensburg, PA 17257 1.Name and address of Owner(s) or Reputed Owner(s): ROBERT J. MILLER 6 Highland Avenue Shippensburg, PA 17257 2. Name and address of Defendant(s) in the judgment: ROBERT J. MILLER 6 Highland Avenue Shippensburg, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 BUREAU OF COMPLIANCE Dept. 280946 Harrisburg, PA 17128-0946 LOWER ALLEN TOWNSHIP AUTHORITY 120 Limekiln Road New Cumberland, PA 17070 COMMONWEALTH OF PA DEPT. OF REVENUE BUREAU OF COMPLIANCE P.O. BOX 281230 HARRISBURG, PA 17128-1230 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 6 HIGHLAND AVENUE SHIPPENSBURG, PA 17257 (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, 2006 GO BE MCCAFFERTY & McKEEVER BY: Josep A. Goldbeck, Jr., Esq. Attorney for Plaintiff C7 ? Q rn N -t? rn 3 =-1 Cam) ?3 w --< GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. ROBERT J. MILLER Mortgagor and Record Owner 6 Highland Avenue Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Term No. 02-4969 CIVIL TERM MOTION TO POSTPONE SHERIFF'S SALE Plaintiff, by and through its attorneys, in support of its Motion to Postpone Sheriffs Sale represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises, 6 Highland Avenue Shippensburg, PA 17257, hereinafter the "mortgaged premises." 2. Defendant(s) is/are the mortgagor(s) and record owner(s) of the mortgaged premises. 3. A Sheriffs Sale of the mortgaged premises was scheduled for June 07, 2006, and was postponed until August 09, 2006 due to an active repayment plan and agreement of the parties. 4. Plaintiff and Defendant submit this mutual request for a postponement. 5. There is no prejudice to any party. WHEREFORE, Plaintiff requests that the Court enter Plaintiffs proposed order which will postpone the sale until October 10, 2006. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER By: Mic T. McKee err, Es re GOLDBECK MCCAFFERTY & McKEEVER Michael McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 Attorney I.D. #56129 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. ROBERT J. MILLER Mortgagor and Record Owner 6 Highland Avenue Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 02-4969 CIVIL TERM ME MORANDUM OF LAW Pennsylvania Rule of Civil Procedure 31293(b) allows a judgment creditor to postpone a sheriffs sale once within a hundred day period without new notice. The postponement must be announced to all assembled bidders. As outlined in the attached motion, the sale has already been postponed once as allowed by Pa.R.C.P. 3129.3(b). Plaintiff seeks Court approval under, inter alia, Pa.R.C.P. 126, to postpone the sale again. This postponement will be announced to all assembled bidders. CONCLUSION For all the reasons discussed above and in the attached Motion, the Court should enter the attached Order postponing the Sheriffs Sale. Respectfully submitted , GOLDBECK MCCAFFERTY & MCKEEVER BygaT. Mi McKee er, quire GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632" Plaintiff VS. ROBERT J. MILLER Mortgagor and Record Owner 6 Highland Avenue Shippensburg, PA 17257 Defendant CERTIFICATE OF SERVICE No. 02-4969 CIVIL TERM Michael T. McKeever, Esquire, attorney for Plaintiff, hereby certifies that a copy of Plaintiffs Motion to Postpone Sheriffs Sale was mailed by first class mail, postage prepaid, to Defendant on August 7, 2006. ROBERT J. MILLER Mortgagor and Record Owner 6 Highland Avenue Shippensburg, PA 17257 Respectfully submitted GOLDBECK MCCAFFERTY & MCKEEVER By: Mi el T. McKeev squire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. ROBERT J. MILLER Mortgagor and Record Owner 6 Highland Avenue Shippensburg, PA 17257 Defendant VERIFICATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 02-4969 CIVIL TERM Michael T. McKeever, Esquire, hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth within the attached Motion to Postpone Sheriffs Sale are true and correct to the best of his knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties of 18 P.S. Section 4904. 4chaAeT. cKee er, E ire GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 (215) 627-1322 August 7, 2006 Angelo Mayfield COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 RE: #807747 - ROBERT J. MILLER Dear Angelo: I have enclosed a copy of Defendant's Motion to Postpone Sale, which was filed and heard today on an emergency basis. We attended an emergency hearing on the Defendant's Motion for an additional fee of $350.00. You have requested that we postpone the Sheriffs Sale. As you are aware, the sale has already been postponed once. Under Pennsylvania law, any further postponements require a Court Order. We will prepare and file a Motion to postpone on an emergency basis. We will perform the necessary additional legal work for the Motion for an additional fee of $350.00. May I please have your approval to proceed on this basis? GOLDBECK MCCAFFERTY & MCKEEVER MICHAEL MCKEEVER 215-825-6303 215-825-6403 (fax) mmckeever@goldbecklaw com Enclosure FEE APPROVED G un V0 -vye`ng MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 02-4969 CIVIL TERM ROBERT J. MILLER Mortgagor and Record Owner 6 Highland Avenue Shippensburg, PA 17257 Defendant ?p ORDER day of A °J . , 2006 upon consideration of Plaintiffs Motion to Postpone AND NOW, this ?fL Sheriffs Sale and any response thereto, it is ORDERED and DECREED: That the Motion is granted and the Sheriffs Sale in the above-captioned matter is hereby postponed until October 10, 20 6, and month-to-month thereafter, without need for further verb in and cost. L at ,h no evc>?? f1v K4 *j e- T4ar7 6 "Qnr4, ?I? tS W de BY THE COURT: 1117 . L-:7 0 MNYAWNN3d Amu.) Q iy,,Neemo 69 :£ Wd 8- 9nV 908Z di IW% 3Q COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Sectetary of Veterans Affairs is the grantee the same having been sold to said grantee on the 10th day of Jan A.D., 2007, under and by virtue of a writ Execution issued on the 3rd day of Feb, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 4969, at the suit of Mortgage Elec Reg Systems Inc against Robert J Miller is duly recorded in Deed Book No. 278, Page 3064. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this I f day of A.D. A ©O'" of Deeds CuQ t ?C*xq- COO, Fa deli O Nan. 2010 Mortgage Electronic Registration Systems, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Robert J. Miller Writ No. 2002-4969 Civil Term Douglas Ruzanski, Deputy Sheriff, who being duly sworn according to law, states that on February 25, 2006 at 11:02 o'clock AM, 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 J. Miller, by making known unto Robert J. Miller, personally, at 6 Highland Avenue, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2006 at 12:03 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 J. Miller located at 6 Highland Ave., Shippensburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Robert J. Miller by regular mail to his last known address of 6 Highland Ave., Shippensburg, PA 17257. This letter was mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on January 10, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, on behalf of Secretary of Veterans Affairs. It being the highest bid and best price received for the same, Sectetary of Veterans Affairs, of 12650 Ingenuity Drive, Orlando, FL 32826 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 883.09. Sheriff s Costs: Docketing $30.00 Poundage 17.32 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 29.92 Certified Mail 9.28 Levy 15.00 Surcharge 20.00 Post Pone Sale 80.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 269.00 257.00 19.57 25.00 39.50 $ 883.09 J.o-? Y So Answers: R. Thomas Kline, Shenff BY 0'OAJI A ash dee? X30 0 6 4 51 0 0 ,? Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. CIO COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. ROBERT J. MILLER (Mortgagor(s) and Record Owner(s)) 6 Highland Avenue Shippensburg, PA 17257 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129 No. 024969 CIVIL TERM MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 6 Highland Avenue Shippensburg, PA 17257 1.Name and address of Owner(s) or Reputed Owner(s): ROBERT J. MILLER 6 Highland Avenue Shippensburg, PA 17257 2. Name and address of Defendant(s) in the judgment: ROBERT J. MILLER 6 Highland Avenue Shippensburg, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 COMMONWEALTH OF PA DEPT. OF REVENUE BUREAU OF COMPLIANCE P.O. BOX 281230 HARRISBURG, PA 17128-1230 BUREAU OF COMPLIANCE Dept. 280946 Harrisburg, PA 17128-0946 LOWER ALLEN TOWNSHIP AUTHORITY 120 Limekiln Road New Cumberland, PA 17070 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 6 HIGHLAND AVENUE SHIPPENSBURG, PA 17257 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 2, 2006 GO DB CK McCAFFERTY & McKEEVER B : Jose h A. Goldbeck, Jr., Esq. At rney or Plaintiff GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. CIO COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. ACTION OF MORTGAGE ROBERT J. MILLER Mortgagor(s) and Record Owner(s) 6 Highland Avenue Shippensburg, PA 17257 Term No. 02-4969 CIVIL TERM 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: MILLER, ROBERT J. ROBERT J. MILLER 6 Highland Avenue Shippensburg, PA 17257 Your house at 6 Highland Avenue, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on Wednesday, June 07, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $99,982.63 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. CIO COUNTRYWIDE HOME LOANS INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. CIO COUNTRYWIDE HOME LOANS INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 02-4969 CIVIL TERM 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). - -- - --O 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE TOWNSHIP OF SOUTHAMPTON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, AND KNOWN AS LOT NUMBER 62, SECTION 3, IN THE DEVELOPMENT KNOWN AS SOUTH MOUNTAIN ESTATES, SAID PLAN RECORDED. IN CUMBERLAND COUNTY PLAN BOOK 27 AT PAGE 117, AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON HIGHLAND AVENUE AT CORNER OF LOT NO. 63; THENCE ALONG LOT NO. 63, SOUTH 11 DEGREES 00 MINUTES 25 SECONDS EAST 203.87 FEET TO A POINT AT CORNER OF LOT NO. 63 AND LINE OF LOT NO. 83; THENCE ALONG LOT NO. 83, SOUTH 63 DEGREES 22 MINUNTES 45 SECONDS WEST 75.00 FEET TO A POINT AT CORNER OF LOTS NO. 83 AND 90; THENCE ALONG LOTS NO. 90 AND 61, NORTH 19 DEGREES 28 MINUTES 30 SECONDS WEST 225.00 FEET TO A POINT ON HIGHLAND AVENUE AT CORNER OF LOT NO. 61; THENCE BY A CURVE HAVING A RADIUS OF 573.51 FEET A DISTANCE OF 105.71 FEET BY A LONG CHORD NORTH 77 DEGREES 45 MINUTES 48 SECONDS--- AVENUE AND LOT NO. 63, THE PLACE OF BEGINNING. CONTAINING 19,346 SQAURE FEET. TAX PARCEL #: 39-36-2438 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4969 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. C/O COUNTRYWIDE HOME LOANS INC., Plaintiff (s) From ROBERT J. MILLER (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 $99,982.63 Interest FROM 4/1/02 TO 11/22/02 AT 8.0000% Atty's Comm % Atty Paid $765.51 Plaintiff Paid Date: FEBRUARY 3, 2006 (Seal) L.L. Due Prothy $1.00 Other Costs y Prothonota By: REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court ID No. 16132 Real Estate Sale # 48 On February 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 6 Highland Avenue, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ' ° Date: February 17, 2006 By: *4*pe?Real Esta e Sergeant t1tt :11 v 8- 933 9001 ,VAAW3HS VI A01301 30 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 7, 14, 21, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 51Z:4? L Lisa arie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 21 day of April, 2006 NO ,"!. 'At-SEAL Moiary R-hlic REAL ESTATE SALE NO. 48 Writ No. 2002-4969 Civil Mortgage Electronic Registration Systems, Inc. c/o Countrywide Home Loans Inc. VS. Robert J. Miller Atty.: Joseph Goldbeck ALL THAT CERTAIN parcel of land situate in the Township of Southampton, County of Cumber- land, Commonwealth of Pennsylva- nia, and known as Lot Number 62, Section 3, in the development known as South Mountain Estates, said plan recorded in Cumberland County Plan Book 27 at Page 117, and described as follows: BEGINNING at a point on High- land Avenue at corner of Lot No. 63; Thence along Lot No. 63, South 11 degrees 00 minutes 25 seconds East 203.87 feet to a point at cor- ner of Lot No. 63 and line of Lot No. 83; Thence along Lot No. 83, South 63 degrees 22 minuntes 45 seconds West 75.00 feet to a point at corner of Lots No. 83 and 90; Thence along Lots No. 90 and 61, North 19 de- grees 28 minutes 30 seconds West 225.00 feet to a point on Highland Avenue at corner of Lot No. 61; 't'hence by a curve having a radius of 573.51 feet a distance of 105.71 feet by a long chord North 77 de- grees 45 minutes 48 seconds East a distance of 105.56 feet to a point at corner of Highland Avenue and Lot No. 63, the place of beginning. CONTAINING 19,346 SQAURE FEET. TAX PARCEL #: 39-36-2438. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#48 REAL ESTATE SALE No. 46 Writ No. 2002-4969 Civil Term, Mortgage Electronic Registration Systems, Inc. c/o Countrywide Home Loans Inc. VS Robert J. Miller Attorney Joseph Goldbeck DESCRIPTION ALL THAT CERTAIN parcel of land situate in the Township of Southampton, ' County of Cumberland, Commonwealth of Pennsylvania, and knows as Lot Number 62, Section 3, in the Development known as South Mountain Estates, said Plan recorded in Cumberland County Plan Book 27 at page 117, and described as follows: BEGINNING at a point on Highland Avenue at comer of Lot No. 63; thence along Lot No. 63 South 11 degrees 00 minutes 25 seconds East 203.87 feet to a point at comer of Lot No. 63 and line of Lot No. 83; thence along Lot No. 83, South 63 degrees 22 minutes 45 seconds West 75.00 feet to a point at comer of Lou No. 83 and 90; thence along Lots No. 90 and 61, North 19 degrees 2% minutes 30 seconds West 225.00 feet to a point on Highland Avenue at comer of Lot No. 61; thence by a curve having a radius of 573.51 feet a distance of 105.71 feet by a long chord North 77 degrees 45 minutes 48 seconds East a distance of 105.56 feet to a point at comer of Highland Avenue and Lot Fo. 63, the place of BEGINNING. Sworn to and subsXlr?e., re me this 18th da of May 2006. A.D 1 / NOTARIAL SEAL Terry L. Russell, Notary Public City of Harrisburg, Da hin County mission Expir June 6 006 e be Pennsylvania Sod n tares NOTAR UBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 CONTAINING 19,346 square feet. TAX PARCEL # 39-36-2438