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HomeMy WebLinkAbout02-5106G(JLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK~ JR. ATTORNEY I.D. #16132 SUITE 500- THE BOURSE BLDG. 111 S. INI)EPENDENCE MALL EAST PHILADELPHIA~ PA 19106 (215) 627-1322 AT'FORN EY FOR PLA I N TI Fir TRAVEl,ERS BANK AND TRUST, FSB C/O CITIFINANCiAL SERVICL;S 1NC. 7467 New Ridge Road Suite 222 HaRover, MD 21076 Plaint([[ JOSEPH L. DAVIS JR. Mortgagor(s) and Real Owner(s) MERIA W. DAVIS Mortgagor(s) VICKIE L. [)AVIS Real Ownor(s) Dq[bndant(*9 127 B Streel Carlisle, IDA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL ACTION: MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT ()WED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WI LL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberiy Avenue CaHisle, PA 17013 LEGAL SERVICES INC 8 Irvine P, ow ( arlisle, PA 17013 717-243-9400 AVISO I[ I I\N DEMANI)\I)O \1 '4]I])EXIA(ORi-E SIDESEADEFENDERSECONTRALASQiJEJASPERESENTADAS, ESABSOLUTAMENiENECESSARiOQ[JE LEGAL SERVICES INC 8 Irvinc Row Carlisle, PA 17013 717-243-9400 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is TRAVELERS BANK AND TRUST, FSB C/O CITIFINANCIAL SERVICES 1NC., 7467 New Ridge Road, Suite 222 Hanover, MD 21076. The name(s) and address(es) of the Defendant(s) is/are JOSEPH L. DAVIS JR., 111 W. South Street, Carlisle, PA 17013, who is/are the mortgagor(s) and real owner(s), ViCKIE L. DAVIS, 111 W. South Street, Carlisle, PA 17013, who is/are the real owner(s) and MERIA W. DAVIS, 111 W. South Street, Carlisle, PA 17013, who is/are the mortgagor(s) of the mortgaged premises hereinafter described. On December 04, 1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to TRAVELERS BANK AND TRUST, FSB, which mortgage is recorded in the el'rice of`thc Recorder of Deeds of Cumberland County as Book 1503 and Page 849. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. 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. Thc mortgage is itl defanlt because montbly payment of principal and interest upon said mortgage due February 06, 2002, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default itl 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 01/06/2002 fiu-ough 10/31/2002 at 12.5000% Per Diem interest rate at $28.66 Attorney's Fee at 5.0% of Principal Balance Late Charges from 02/06/2002 to 10/31/2002 Monthly late charge amount at $45.08 Costs ol'suit and Title Search $750.00 $97,612.15 NSF fees +$20.00 Other fccs +$2,298.93 Appraisals +$95.00 $100,031.69 $83,702.00 $8,569.34 $4,185.10 $405.71 7. Tile Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania laxv, and, will bo collected in tbe event cfa third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior Io the Sale reasonable Attorney's Fees will be charged based on work actually perlbrmcd. 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 hereto as Exhibit "A". The date of the postmark on the Notice was the same as the date of the Notice. Thc Del~cndant(s) bad the required face to face meeting within the required time and Plaintiff has been adviscd that the Defendant(s) filed an application for mortgage assistance with the Pennsylvania Housing Finance Agency, the Plaintiff has been advised by the Pennsylvania Housing Finance Agency that the Defendant(s)' application has been rejected. WHEREFORE, PlaintilYdemands judgment in mortgage foreclosure in the sum of $100,031.69, together with interest itt the rate of 528.66, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with tho terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. GOLDBECK ~c~AFFF~TY & McKEEVER By: JOSEPH A. G~DBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF 7160 3901 9844 7671 3613 ACT 91 NOTICE DATE OF NOTICE: March 28, 2002 EXHIBIT A TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender to lbreclose. Specific information about the nature of the default is provided in the attached apAg~s .. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may bo able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you xvhen you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. ! 11 S. Independence Mall East Philadelphia, PA 19106 Fax (215) 627-7734 Date: March 28, 2002 Homeo~vners Name: JOSEPH L. DAVIS, JR. and MERIA W. DAVIS Property Address: 127 B Street, Carlisle, PA 17013 Loan Account No.: 53-0800-2414862 Original Lender: CITIFINANCIAL SERVICES, INC. Current Lender/Servicer: CITIFINANCIAL SERVICES, INC. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOVCNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Progran~ Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE i IN BANKRUPTCY, INFORMATION PURPO ATTEMPT TO COLLECi (If you havel HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 127 B Street, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 (a) Monthly payment from 12/01/2001 thru 3/28/2002 (5 mos. at $901.50/month) $4,507.50 (b) Late charges from 12/01/2001 thru 4/30/2002 (5 mos. at $45.08/month) $225.39 (c) Partial Payment (November 01) $189.27 (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $4,922.16 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $4~922.16, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: CITIFINANCIAL SERVICES INC. 7467 New Ridge Road Suite 222 Hanover, MD 21076 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's 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 Sherift's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a SherifFs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CITIFINANCIAL SERVICES INC. Address: 7467 New Ridge Road Suite 222 Hanover, MD 21076 Phone Number: 800-446-7876 x1604 Fax Number: 410-689-1610 Contact Person: Meryl Kessler EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. BEHALF. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Meryl Kessler Phone Number: 800-446-7876 x1604 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Sheet Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243 -3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 7160 3901 9844 8591 5367 ACT 91 NOTICE OF NOTICE: July 23, 2002 EXHiBiT TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. l 11 S. Independence Mall East Philadelphia, PA 19106 Fax (215) 627-7734 Date: July 23, 2002 Homeowners Name: VICKIE L. DAVIS Property Address: 127 B Street, Carlisle, PA 17013 Loan Account No.: 5308002414862 Original Lender: TRAVELERS BANK AND TRUST, FSB Current Lender/Servicer: TRAVELERS BANK AND TRUST, FSB C/O CITIFINANCIAL SERVICES INC. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresse~ and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) if you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU AREi IN ] ATTEMPT TO ~ HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by thc above lender on your property located at: 127 B Street, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 12/01/2001 thru 7/23/2002 (8 mos. at $901.50/month) $7,212.00 (b) Late charges from 12/01/2001 thru 7/23/2002 (8 mos. at $45.08/month) $360.63 (c) Partial Payment (November2001) $189.27 (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $7,761.90 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY O0) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $7~761.90, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: CITIFINANCIAL SERVICES INC. C/o GOLDBECK, MCCAFFERTY & MCKEEVER Suite 500, The Bourse Bldg 111 S. Independence Mall East Philadelphia, PA 19106 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period~ you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's 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 ~vith the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CITIFINANCIAL SERVICES 1NC. Address: 7467 New Ridge Road Suite 222 Hanover, MD 21076 Phone Number: 800-446-7876 x1604 Fax Number: 410-689-1610 Contact Person: Meryl Kessler EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE ~ You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. BEHALF. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT iNSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Meryl Kessler Phone Number: 800-446-7876 x1604 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 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 TRAVELERS BANK AND TRUST, FSB C/O CITIF1NANCIAL SERVICES INC. Plaintiff VS. JOSEPH L. DAVIS JR., VICKIE L. DAVIS and MERIA W. DAVIS (Mortgagors) and (Record Owners) 127 B Street Carlisle, PA 17013 IN 'THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Civil Action - Law Action of Mortgage Foreclosure No. 02-5106 CIVIL TERM Defendant(s) SUGGESTION OF DEATH TO THE PROTHONOTARY: It is respectfully suggested that Defendant Meria W. Davis is deceased, having departed this life on November 29, 1999. Upon her death, title to the premises which is the subject of this action vested solely in her husband Joseph L. Davis, Jr., as surviving tenant by the entireties. Kindly amend the docket to reflect that the Defendant Meria W. Davis is deceased. GOLDB E,~:(/A'~'rV E R ~F~_~IcKEE VER BY: Josept.,.~. Goldbeck, Jif. - ~ Attorney for Plaintiff SHERIFFIS RETURN - CASE NO: 2002-05106 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TRAVELERS BANK AND TRUST VS DAVIS JOSEPH L JR ET AL REGULAR JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon DAVID JOSEPH L JR the law, DEFENDANT at 1410:00 HOURS, at 111 W SOUTH STREET CARLISLE, PA 17013 VICKI DAVIS, WIFE a true and attested copy of COMPLAINT - on the 25th day of October 2002 by handing to MORT PORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~,- day of / {~-ro~honotary ' ~ So Answers: R. Thomas Kline 10/28/2002 GOLDBECK MCCAFFERTY MCKEEVER By: SHERIFFIS CASE NO: 2002-05106 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TRAVELERS BANK AND TRUST VS DAVIS JOSEPH L JR ET AL RETURN - REGULAR JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT PORE was served upon DAVIS VICKIE L the DEFENDANT at 1410:00 HOURS, at 111 W SOUTH STREET on the 25th day of October 2002 CARLISLE, PA 17013 by handing te VICKI DAVIS a true and attested copy of COMPLAINT MORT FORE together with and at the same time directing Her attention te the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this e- day of ~<e~ . ~6~e~L-~ A.D. / t Prothonotary ' t ~ So Answers: Thomas }[line 10/28/2002 GOLDBECK MCCAFPERTY MCKEEVER By: pputy Sheriff SHERIFF'S RETURN - NOT SERVED CASE NO: 2002-05106 P COHMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TP~AVELERS BANK AND TRUST VS DAVIS JOSEPH L JR ET AL R. Thomas Kline according to law, says, that the within named DEFENDANT DAVIS MERIA W unable to locate Her COMPLAINT - MORT FORE Deputy Sheriff, who being duly he made a diligent to wit: in his bailiwick. sworn search and inquiry for but was He therefore returns the the within named DEFENDANT DAVIS MERIA W NOT SERVED as to DECEASED, PER VICKI DAVIS Sheriff's Costs: Docketing 6 Service Affidavit Surcharge 10 16 00 00 00 00 00 00 SHERIFF OF CUMBERLAND COUNTY GOLDBECK MCCAFFERTY MCKEEVER 10/28/2002 Sworn and subscribed to before me this 6 ~ day of'~o~ A.D. Prot~h~nota~ In the Court of Common Pleas of Cumberland County TRAVELERS BANK AND TRUST, FSB C/O CITIF1NANCIAL SERVICES INC. 7467 New Ridge Road Suite 222 Hanover, MD 21076 VS. JOSEPH L. DAVIS JR. VICKIE L. DAVIS (Mortgagor(s) and Record Owner(s)) 127 B Street Carlisle, PA 17013 Plaintiff Defendant(s) No. 02-5106 CIVIL TERM PRAECIPE FOR JUDGMENT 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 TltE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiffand against JOSEPH L. DAVIS JR. and VICKIE L. DAVIS by default for want of an Answer. Assess damages as follows: Debt $100,821.93 Interest - 01/06/2002 to 11/26/2002 Total (Assessment of Damages attached) I CERTIFY TIIAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO lie DIJE IN TIlE COMPLAINT AND IS CALCULABI.E AS A SUM CEWFAIN FROM TIIE COMPI,AINT. [ certi[y that wrilten notice of the intenlion to file this *raecipc was mailed or deliverec o t ae mrly agains w om judgment is to be entered and to his attorney of record, iran5,, after the dc/~qult occtm'cd~t least Ion ~s p' or o e c a c of thc filingoffifispraec'pe. Acopyofthenofic~is~I,ached. R.C.P. 23ZI ( Joseph~dSeck~'J Altorneykl~rPlaintiff~ ] I.D. #161~2 ' TRAVELERS BANK A . ICES INC. and against JOSEPl I L. DAVIS JR. and VICKIEL. DAVIS by deRmlt R)r want ofan Answer and ~n~esassessec ~ the sm ~ of$100,89193 as per the above cerlificalion, - ' Prot~onolary - GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 -The Bourse Bldg. 111 S. Independence Mail East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff TRAVELERS BANK AND TRUST, FSB C/O CITIFINANCIAL SERVICES INC. 7467 New Ridge Road Suite 222 Hanover, MD 21076 VS. JOSEPH L. DAVIS JR. VICKIE L. DAVIS (Mortgagor(s) aud Record owner(s)) 127 B Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 02-5106 CIVIL TERM ORDER FOR JIJDGMENT Please enter Judgment in favor of TRAVELERS BANK AND TRUST, FSB C/O CITIFINANCIAL SERVICES INC., and against JOSEPH L. DAVIS JR. and VICKIE L. DAVIS for failure to file an Answer in the above action wilhin (20) days (or sixty (60) days ifdeI*endant is the United States of America) from the date of service or'the Complaint, in the sum orS100,821.93. Attorney [~r Plaintiff/ I I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is TRAVELERS BANK AND TRUST, FSB C/O C1TIFINANCIAL SERVICES INC. 7467 Nexv Ridge Road Suite 222 Ilanover, MD 21076 and that the name(s) and last known address(es) of the Defendant(s) is/are JOSEPII L. DAVIS JR., 111 W. South Street Carlisle, PA 17013 and VICKIE L. DAVIS, 111 W. Soulh Street Carlisle, PA 17013; GOL McKEEVER BY: Josep~A. Goldbeck,l~r. [ Attorney f~ Plaintiff ~ ASSESSMENT OF DAMAGES TO TIlE PROTHONOTARY: Kindly assess the damages in this case to be as folloxvs: Principal Balance $83,702.00 Interestfi'om 01/06/2002through 11/26/2002 $9,314.50 Attorney's Fee at 5.0000% of principal balance $4,185.10 Late Charges $450.79 Costs of Suit and Title Search $750.00 NSF fees Othcr fees Appraisals $20.00 $2,298.93 $95.00 $100,821.93 GOLDBE BY: Joscl~ Attorney ~& McKEEVF, R \. Goldbcct~, Jr./ Plainliff I ' AND NOW, this <-~J[~L--day of c~' ,2002 damages are assessed as above. Pro Protby 2~ 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, JOSEPH L. DAVIS JR., is about unknown years of age, that Defendant's last known residence is 111 W. South Street, Carlisle, PA 17013, 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: VERIFICATION OF NON-MILITARY SERVICE Congress of 1940 Date: 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, VICKIE L. DAVIS, is about unknown years of age, that Defendant's last known residence is 111 W. South Street, Carlisle, PA 17013, 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 and its Amendments. THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTA/NED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: VICKIE L. DAVIS 127 B S~'eet Carlisle, PA 17013 DATE OF THIS NOTICE: November 15, 2002 TRAVELERS BANK AND TRUST, FSB C/O CITIFINANCIAL SERVICES INC. 7467 New Ridge Road Suite 222 Hanover, MD 21076 VS. JOSEPH L. DAVIS JR. VICKIE L. DAVIS (Mortgagor(s) and Record Owner(s)) 127 B Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-5106 CIVIL TERM TO: VICKIE L. DAVIS 127 B Sl~'eet Carlisle, PA 17013 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 OBYECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENI'ERED 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: ~mEm~ country ~^R ^SSOCI^TION GAL ER. VICES[NC ~7013 BG~ldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-132 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. TO: JOSEPH L. DAVIS JR. 127 B Street Carlisle, PA 17013 DATE OF THIS NOTICE: November 15, 2002 TRAVELERS BANK AND TRUST, FSB C/O CITIFINANCIAL SERVICES 1NC. 7467 New Ridge Road Suite 222 Hanover, MD 21076 VS. JOSEPH L. DAVIS JR. VICKIE L. DAVIS (Mortgagor(s) and Record Owner(s)) 127 B Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-5106 CIVIL TERM TO: JOSEPH L. DAVIS JR. 127 B Street Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIT fEN 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 (I0) 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 WItERE YOU CAN GET LEGAL HELP: c~o county B^~ ^SSOC~nON Attorney for Plaintiff Suite 500 - The Bourse Bldg. I 11 S. Independence Mall East Philadelphia, PA 19106 215-627-132 THIS LAW FIRM IS A DEBT COLLECTOR AND W-E 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 15, 2002 TO: VICKIE L. DAVIS 111 W. South Street Carlisle, PA 17013 TRAVELERS BANK AND TRUST, FSB C/O CITIFINANCIAL SERVICES INC. 7467 New Ridge Road Suite 222 Hanover, MD 21076 VS. JOSEPH L. DAVIS JR. VICKIE L. DAVIS (Mortgagor(s) and Record Owner(s)) 127 B Street Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-5106 CIVIL TERM TO: VICKIE L. DAVIS 111 W. South Street Carlisle, PA 17013 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: ~,~3cotn, nv ~AU ASSOC,A~O~ BG~ldbeck, Jr., Esq. Attomey for Plaintiff Suite 500 - The Bourse Bldg. I I 1 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 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 15, 2002 TO: JOSEPH L. DAVIS JR. 111 W. South Street Carlisle, PA 17013 TRAVELERS BANK AND TRUST, FSB C/O CI'llFINANCIAL SERVICES 1NC. 7467 New Ridge Road Suite 222 Hanover, MD 21076 VS. JOSEPH L. DAVIS JR. VICKIE L. DAVIS (Mortgagor(s) and Record Owner(s)) 127 B Street Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Terrfl No. 02-5106 CIVIL TERM TO: JOSEPH L. DAVIS JR. I 11 W. South Street Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENrl~R A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N 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: BG~ldbeck, Jr., Esq. Attorney for Plaintiff Suite $00 - The Bourse Bldg. 111 S. Independence Mail East Philadelphia, PA 19106 215-627-1322 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 I-A " ORNEYI GPY J TRAVELERS BANK AND TRUST, FSB C/O CITIFINANCIAL SERVICES INC. Plaintiff VS. JOSEPH L. DAVIS JR., VICKiE L. DAVIS and MERIA W. DAVIS (Mortgagors) and (Record Owners) 127 B Street Carlisle, PA 17013 Defendant(s) TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Civil Action - Law Action of Mortgage Foreclosure SUGGESTION OF DEATH No. 02-5106 CIVIL TERM It is respectfully suggested that Defendant Meria W. Davis is deceased, having departed this life on November 29, 1999. Upon her death, title to the premises which is the subject of this action vested solely in her husband Joseph L. Davis, Jr., as surviving tenant by the entireties. Kindly amend the docket to reflect that the Defendant Meria W. Davis is deceased. G OLD B E ~K j~c'dA'l~FE R~F jtj~'I~KEE V E R BY: Joseph-~. Goldbeck, J.~ '-~t Attorney for Plaintiff Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRAVELERS BANK AND TRUST, FSB C/O CITIFINANCIAL SERVICES INC. 7467 New Ridge Road Suite 222 Hanover, MD 21076 Plaintiff VS. No. 02-5106 CIVIL TERM JOSEPH L. DAVIS JR. VICKIE L. DAVIS (Mortgagors and Record Owner(s)) 127 B Street Carlisle, PA 17013 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 ma~er has been entered against you. Curt Long 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 PP, AI'~C~I 1~ [.OR \VRIT O1,' [',x ;C U 1 I )r,l - (7, IOR 1 GAG · P.R.C.P 3180-3183 Joseph A. Goklbcck, Jr. Allorncy I.D.,;/I 6132 Suite 500 - Thc Bourse Bldg. 111 g. [ndcl',cmkncc Mall East 'HtAVE1 ,EIU; ]BANK AND ~1 RUg i', FSB C/O CI I'IFINANCI.M, gEl}VICES ING. 7q67 New Ridge l~oad S.ite 222 1 Fmover, g ID 21076 vs. Plainli£F JOSEP[[ I,. DAVIS .IR. V!Ci,U[i l,. D \Vl:q ),.%r~:~agor(,;) and ]lect~rd Owner(s) 12'713 S,ect Ca~[[~:le, PA 17013 Dc fondant(s) 1N TIll! COU['¥1' OF COMMON o[' Cumbctland Couniy CIVIL ACTION LAW ACTION OF MOI¥1'GAGF. FOP, I";CLOSURE No. 02-5106 CIVILTERM PRAECIPF. FOIl WRIT OF EXECUTION '['O TIlE PROTI1ONOTARY: !;stic Writ of Execution in the above mat/ct: ] nrc! ¢,q !'rom /06/2002 to 1/26/2002 at 2 5000% ~, 100.821.93 (Cosl~ Io be added) .\. G,.,i !bce ~' & McKI 'li\'l!l~. ALL THAT CERTAIN LOT OF GROUND SITUATE 1N THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: LOTS NOS. 19 AND 20 IN BLOCK NO. 11 AS LAID OUT ON A PLAN OF LOTS ADOPTED BY THE CARLISLE LAND IMPROVEMENT COMPANY RECORDED 1N THE RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY IN MISCECLLANEOUS DOCKET NO. 11, PAGE 572, BOUNDED ON THE SOUTH BY "B" STREET; ON THE WEST BY LAND OR FORMERLY OF JAMES W. ECKELS AND ROBERT H. CONLYN; AND ON THE NORTH AND EAST BY ALLEYS SIXTEEN (16) FEET WIDE. CONTAINING A TOTAL OF FIFTY (50) FEET IN FRONT ALONG THE NORTHERN LINE OF "B" STREET (60 FEET WIDE) AND EXTENDING NORTHWARDLY THEREFROM AT AN EVEN WIDTH A DISTANCE OF ONE HUNDRED FIFTY (150) FEET AND HAVING THEREON ERECTED A TWO STORY FRAME DWELLING HOUSE AND OTHER IMPROVEMENTS KNOWN AS AND NUMBERED 127 "B" STREET, CARLISLE, PA. PARCEL NUMBER: 06-20-1798-031. WRIT Q? EXECUTION (MORTGAGF, I~'OI(IZCLOSURI'',) P.!<.C.P. 3180-3183 iXl'~l) Rub: 3257 WI'RAVELERS BANK AND TRUST, FSI] C/O CITIFiNANCIA[, SERVICI!S INC. 7,167 New Ridge Road h~ lb.: Cvu*t of Common Pleas of Suite 222 ('umberlam{ Courdy l [anovcr, MI) 2 i076 JOSEPtt L. DAVIS JR. VICKIE I,. DAVIS 127 B SIrcct Carlisb:, I"A 17013 No. 02-5106 CIVIL TERM WP, IT OF EXECUTION (MOR'['G AG F, FORECI.OSURE) Commonwcalih of Pennsylvania: County of Cumberlaud To llle Sheriff or Cumberland County~?ennsylvanla To satisfy the judgmenl, intercst and costs in the above matter you are directed to lew upon and sell flac fi~llowing dcscribcd property: PI~EMISES: 127 B Street Cat l i~;!e, PA 17013 AMOUNT l)Ul~ $100,32 i.93 In~crcst From 01/06/2002 '1 hrough I 1/26/2002 (Costs to be addcd) Dcpt~ly Goldbcck McCafferty & McKecvcr BY: Joseph A. Gohlbcck, Atlomcy I.D. l/16132 Suite 500 Tho Bom'so Bldg. 1 I I S, l,~<lq*cndcnco Mall East Philadclplfia, PA 19106 215-627-1322 Attorney fi~' Plaintiff TIL,\VEI,ERS BANK AND ]'RUST, FSB C/O CI'I'IFINANCIAL SEI,LVICES INC. 7467 New Ridge Road Suilc 222 ]hmovcr, MD 21076 /'lah~tiff JOSEPI! L. DAVIS JR. VICKI{~ L. I)A\;iS (Morlgagor(s) and Record Owner(s)) 127 B Street Carlisle, PA 17013 Defendant(s) IN TIlE COURT OF COMMON PLEAS of C_;umberland Cotmty CIVIL ACTION - LAW ACTION OF MORTGAGF. FORI~CLOSLIR1} No. 02-5106 CIVIL TERM AFFII)AVIT PURSUANT TO RI.rI,E 3129 TRAVELleRS BANK AND TI[U~qT, !:S?~ CO CFi ]FIN/xN(",AI. SHR'v'ICHS INC., Plaimiffin 127 P, Street Carlisle, l',\ 17013 l.Name and address of Ox,,qlcl(s) t,r I~.cf, ulcd Owncl(s): JOSF. Iq 11.. DAV!S 3I<. Ca~lisle, PA 17013 2. Name and address of Dcl'cnd:,nl(s) in {hcjtldgmcnt: JOSEPII L. DAVIS .IR. Cai llsle, PA i ?<)! 3 ',/[(/i-[i ii ,*.. (ix;ii:J,:. '. 5:32 3. Name and last known address of excryjudgmcnt creditor x~ ho::o judgmcm is n recold lien ou file property 1o be sold: PA DEPAWFMENT OF PUBLIC VJF.[ FARE - Bureau of Child Support Enforcement l lcaIth and \Vel/irc l/h!g. - Room 132 P.O. Box 26'75 l [arl b:bur,~5 PA 17 I05 -2675 DOMlr, S'I'IC }IEI,ATION$ OF C[ IMI~IiRLAN]~ COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of evcry mortgage of record: Ilarris Savings Bank 2nd & P/ne Slrccls Ilalrisbury, ]','", 17101 5. Name and address ofcvcry otl~,?t' t,cl son who has all5' Iccord imcrcst in or record lien on the property and whose intor,:st may be alTccted by tile sale: 6. Name and address of every el\er person of whom d~c plaindfl'has knowledge who has any record Jnlercsl in Ibc propel ly which may be affected by the sale. 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the propclty wide\ may he affected by tile sale. (atlach separate sheet if more space is ncc&d) I x'cri~v dmt the stalcmcnts made in this af'lidax it a)c h~c and cmrcct to thc }>est oCmy personal knowlcd;?c or informndon and bclicl'.; umlcrshmd that fi sc : on nfs herein arc m~dc sttb.~ccl Io lbo pcnahies o1' 1S ['a. C.S. 5;cclion 4901 DATED: Novembcr 26, 2002 ~ ~M G~I,I)BE( cKEEVER Jospch A. Goldbcck, Jr. Attorney I.D. Suile 500 .--'Iht !loursc Bldg. I i I S. Independence Mall East Phil adc!phia, PA 215-617../322 Attorney for Piaidifi' TRAVI';t,I!iRS BANt'[ AND CiTiFINANCIAI, 7467 Ncw Rid? Suite 222 11auovcr, ?,ID 2 ! 076 '. iI ,tOS~d II I_1) 5\ Io ,IlL \' ~( ,",11~ 1,. :',[(,!'igafror(s) at!,! Record Owncr(s) IN '1'I11'; COURT OF COM,'x ION PLF, AS of Cumbc~ hind County CIVIL AC[ION - I,AW ACTION OF MOR'I GAGI! FORECLOSURt'; NO. 02-5,06 CIV~!. 'l',!R,h~ I, Joseph iS. ( o ~,b¢ck, f' Ils, quire hereby codify ti!al I :,m thc :lttorncy of rccord 02-5106 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.# 16132 Soitc 500 - Thc Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Aitorney lbr Plaintiff TRAVELERS BANK AND TRUST, FSB C/O CITIFINANCIAL SF. RVICES INC. 7467 New P, idgc Road Suile 222 llanover, MD 21076 Plaintiff VS. JOSEPII L. DAVIS JR. V[CK IE I,. DAVIS Morlgagor(s) ami Record Owner(s) I27 I¢ ~'- -, (~:1~ !isle, P,,\ ! 70 [ 3 Dc£cndant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-5106 CIVIL TERM TIIIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. TtlIS NOTICE IS SENT TO YOU IN AN AT'FEMPT TO COLI,ECT A DEll'l'. ~N't' 1NFOI.ISI?,,TION OBT...klNED FROSI ~t OU ~. ILL BE USED I:OR 'ITf.&T I'UI~I'OSIq. JO\El:III L. DAVIS I I I \V. ,qoulh Slicer C;ulislc, P~\ 17013 Your house at I27 B Street, Carlisle, PA 17013 is scheduled lo be sold at Sheriff's Sale on Wednesday M:n'ch 05, 2003, at 10:00 AS, I, in Conlmissioners l Icaring Rm 2nd FL Courthouse to enforce the com~ ~u:l~menl o '$ 00,821.93 obtained by 'I'[~,&X'I~L]~}~S I/~5NK 1. Thc sale ,.,.'ill be canccllcd icy ou pay to q I¢.~\\'EI.EI>,S B.\N},~ AND q RUST, FSB C/O CITIFINANCL*L SERVICES iN('., the back p:~ymcnts, lalc cha~gcs, toms and rcasonablc attorney's ices due. To find out how much yon mt~st pay call: 215-62'?-1322 02-5106 CIVIIL TERM 2. You may be able lo stop the sale by filing I',etilion asking the Coral ~o strike or open jt~dgment, tlle,judgmen{ was improperly on ere I. You may also ask Iht Courl lo poslpone the salt lbr good cause. 3. You may also be able lo sto~ the sale through otl er cgal p'occcdings ~Otl may llocd all aHorncy 1o assert yOtlr lig]Hs. ~[110 SOOllOr yell conlact one, tho moro ChaliCe yell will have of stopping thc sale. (See not~cc below m~ how ~o oblain an aHomcl). out lhe price bid p~ icc by calling thc Shot {IT of 71%2,I0 6390. ' 2. You may be ab e o pctilion the Coull (o set as/de the salt if the bid pr/ce was glossly inadcqualc compared to tile \'ak~e of ye 'p'~pc~ly 3. The sale ,.,,'ill go Ihmu! h o y if thc b yet pays the Shcri£f thc fil[I amount due in llte sale. To out iflhis has happened, >'()Il olay cai! thc ,'qhcHI! oi ;17-2 I0-6390. ~;hc) ifl'givcs a dccd * ' , 6. Yt t n ay be cn )lIed to a shunt of thc money xdtich sxas pak[ for your botJse. A schedule of dislribulion oFthc nmn,,y bid ~,u' 5'ot~r boas¢ will ,0 'dc I by thc ShcriFflltiHy (30) days liom the dale oFlbe CUM IIER I.:\ND COUNTY BAR ASSOCI,\TION 2 1-ibc~ly A;'cnlm Collie;lc, PA 17013 GOIA)BECK McCAI;FIgRT¥ & McKI:,EVI,;R BY: Joseph A. Goktbcck, Jr. Attorney 1.1).t/I6!32 guitc 500 -'ll:c 1 I I S. tndcpct~,kncc Mxll CIT!I:IN/~NCiA1, SliI,LViCES INC. 7d67 New Ridge Road Suite 222 l[anovcr, MD 21076 Plainti[f JOSEPil I~. DAVIS JR. V!CK[F, 1,. DAVIS Mtn qlago~(s) and ]~.ccord ()/~ ncr(s) 127 i3 Street Callislc, PA 17013 IN TIlE COtJWI' OF COMMON PI,EAq o[' Cumbclland Cour~ty CIVIL ACTION - LAW AC'lION OF MORTGAGI~ [:ORIiC[ .OSURI! No. 02-5106 CIVIL TERM Tills I,AW FII,UM IS A ])I,:I1T COI,I,E( I'OP. AND \VE ,\RE ATTI~51PTING TO ('Oi,iA{(Yi' .\ DlCli I'. 'i [lIS NO'i'i('E IS 5;I',N'[' 'lO YOU /N AN ,,VI'i'i]MI'T TO (()I,iAXiT :k I)KBT. ANY INI'OiiNT KTH)/: OWI'AINi~I) I,",iOM YOU WiIA, BE ","SS' VICi,,O~ k. DAVIS Ldo, ]'A 17013 \'om h~m;c al 127 Il Sh'ccl, C'~uli!:h', PA 17013 i:; scho. hIlcd Io bc st)ld at Sheriffs Sale on CI'I]FINANC1AL S[:,P,\ IC I~f'; t?';(L ~'?~fiu ,t To prcvcnt this 5;h,.'~ ilTs :;:dc yo'.l mud I,d:c hu~E,,'s!j:qf [!511!o?: I. I he ~alc ,,sill be cansclloJ il'you p::y Ic~ 'l FIA Vt:l.lile!; BANK ,,\ND 'IRk;ST, FSB C/O 02-5106 CIVIL 2. You may be able to stop the sale by filing a petition asking file Coult to strike or open judgment, il' tile judgment was improperly (.lllclcd. Yeti ll~a>' 015o a'{: the C,)mt Io posq~onc the sale Ibr good cause. 3. Vou may also be able t.) stop thc *;ah: Ih,imyh oth?l l :?d plOcCcdin?s. YOU MAY STII,I, BI'; AI;I.I~'IO S,kVE YOUR PROI'ERTY AND YOU IlAVE OTIIER RIG!ITS 1. IFthc Sheriff's Sale i5; not stopped, your property ,,x ill bc sohl to the highest bidder. You may find out thc pri,zc bid price by calling tl.c She~ iiT oF717-2-!0-6390. 4. If the amount duc fioln the Buj'~. r i:i not paid to II:c f,hcdlT, you will ~cmain the owner of thc p]:opetty as iF thc sale never hal~i~encd. 5. You have a right to ~cmdn in the properly until thc fldl ammmt due is paid to the Sheriffand ibc SheriFf gives a deed to Ibc buyer. Al that time, ~Itc buyer may bring legal proceedings to evict you. distril,ulitm of lbo tt o:*cy lid For 5',>ur hot~se xxiii bc fil:d iy d~<: Shcd:'l'thi~ly (30) days flora thc da*e of the immediately al'let ti~e sale. YOLJ S[ IOU[D 'iAKE TI lis PAI'EI{ TO YOUR LAWYER AT ONCE. 1F YOU DO NOT I lAVE A i.AW'flSR O1{ (.&NNOI' AFFOi',I) ONE, GO'lO OR IEIIPi1ONE'IItE OFFICI5 [.ISTi2D BELOW TO 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5106 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TRAVELERS BANK AND RUST, F&S c/o CITIFINANCIAL SERVICES, INC. Plaintiff (s) From JOSEPH L. DAVIS, JR. and VICKIE L. DAVIS, 111 W. SOUTH ST., CARLISLE PA 17013. ' (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 127 B STREET, CARLISLE PA 17013 (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 $100,821.93 Interest FROM 1/6/02 TO 11/26/02 ~ 12.5000% Atty's Comm % Atty Paid $140.45 Plaintiff Paid Date: DECEMBER 2, 2002 (Seal) 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 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothc~tary ~OLDBECK 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 TRAVELERS BANK AND TRUST, FSB C/O CITIFINANCIAL SERVICES INC. 7467 New Ridge Road Suite 222 Hanover, MD 21076 Plaintiff VS. JOSEPH L. DAVIS JR. VICKIE L. DAVIS Mortgagors and Record Owners 127 B Street Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-5106 CIVIL TERM CERTIFICATE OF SERVICF: PURSUANT TO Pa.R.C.P. 3129.2 (e~ (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: 00 Personal Service by the Sheriffs Office/~l~i'~tt (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriff's 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 Sheriff's Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff's 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, B'~r~,~'~eCh A/Golabeck, Jr. At~rney for Plaintiff A_.~GE, ~=~" _ ~.EcTEO O~ ...... h) t:~ ~ear- ~ hack the ao~j~ ~me~Se a~ ' .~, noCma~, ,. ~ece~pt ~ ~c~e --~ the receipt. . , ~ostmar~u:". [~e and s~u~ "' ~ ~ and tet~, h~s fecetPt ~ ~ *~e ma~p~e~ ' -,-¢ ~h~s ~'" ~ TO: 7160'3901 9844 1074 5076 SENDER: Cerbfied Ma~! ECE TO cOVER FIRST CLASS . ,. AGE TO MAIL_PI_ ECEIPT FEE AND ~rFIX pO_S~,.,,.nrlED FEE, KETU~N R _-. SERVICES. o~SI'AGE, t,",~-,'._ ~-ECTED OPTION~- , 'c~ARGES FOR ANY 1 Detach the recei~)t gostmarkeQ, stick t~e 2. if ~ou ~o ~ot wa~t of the ~etum a~[ess, ~ate mce~t ' e receipt. . ~ sli~ the 3BO0 [eceipt edne o[ the ~u~,,r , ~ the receipt ~.g~ac~e~L USTRA office s~, ,,- Travelers Bank and Trust FSB c/o Citifinancial Services Inc. VS Joseph L. Davis, Jr. and Vickie L. Davis In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-:5106 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2002 at 3:40 o'clock PM, 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: Joseph L. Davis, Jr., by making known unto Vickie Davis, adult in charge for defendant, at 111 W. South Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly swom according to law, states that on December 13, 2002 at 3:40 o'clock PM, 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: Vickie Davis, by making known unto Vickie Davis personally, at 111 W. South Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tree and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2003 at 6:40 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 Joseph L. Davis Jr. and Vickie L. Davis located at 27 B Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Joseph L. Davis, Jr. by regular n~tail to his last known address of 111 W. South Street, Carlisle, PA 17013. This letter was mailed under the date of January 13, 2003 and never returned to the Sheriff's Office. 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 one of the within named defendants, to wit: Vickie L. Davis by regular mail 'to her last known address of 111 W. South Street, Carlisle, PA 17013. This letter was mailed under the date of January 13, 2003 and never returned to the Sheriff's Office. Sworn and subscribed to before me This __ day of 2003, A.D. Prothonotary ~f~ers: R. Thomas Kline, Sheriff Real Estate tJeputy 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 TRAVELERS BANK AND TRUST, FSB C/O CITIFINANCIAL SERVICES INC. 7467 New Ridge Road Suite 222 Hanover, MD 21076 VS. Plaintiff JOSEPH L. DAVIS JR. VICKIE L. DAVIS Mortgagors and Record Owners 127 B Street Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-5106 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 TRAVELERS BANK AND TRUST, FSB C/O CITIFINANCIAL SEWv'ICES 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: 127 B Street Carlisle, PA 17013 1.Name and address of Owners or Reputed Owners: JOSEPH L. DAVIS JR. 111 W. South Street Carlisle, PA 17013 VICKIE L. DAVIS 111 W. South Street Carlisle, PA 17013 2. Name and address of Defendants in the judgment: JOSEPH L. DAVIS JR. 111 W. South Street Carlisle, PA 17013 VICKIE L. DAVIS 111 W. South Street Carlisle, PA 17013 '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 4. Name and address of the last recorded holder of every mortgage of record: Harris Savings Bank 2nd & Pine Streets Harrisburg, PA 17101 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_ 21, 2003 GOIr~/B'~CI~ Mc~AFFERTY & McKEEVER BY.~oseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Travelers Bank and Trust FSB is the grantee the same having been sold to said grantee on the 5th day of March A.D., 2003, under and by virtue of a writ Execution issued on the 2nd day of December, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 5106, at the suit of Travelers Bank & Tr FSB against Joseph L Davis Jr & Vickie l, is duly recorded in Sheriff's Deed Book No. 256, Page 2837. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ] ~0 day of , A.D. 2003 /t~~~ecorder of Deeds Travelers Bank and Trust FSB c/o Citifinancial Services Inc. VS Joseph L. Davis, Jr. and Vickie L. Davis In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5106 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2002 at 3:40 o'clock PM, 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: Joseph L. Davis, Jr., by making known unto Vickie Davis, adult in charge for defendant, at 111 W. South Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2002 at 3:40 o'clock PM, 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: Vickie Davis, by making known unto Vickie Davis personally, at 111 W. South Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2003 at 6:40 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 Joseph L. Davis Jr. and Vickie L. Davis located at 27 B Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Joseph L. Davis, Jr. by regular mail to his last known address of 111 W. South Street, Carlisle, PA 17013. This letter was mailed under the date of January 13, 2003 and never returned to the Sheriffs Office. 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 one of the within named defendants, to wit: Vickie L. Davis by regular mail to her last known address of 111 W. South Street, Carlisle, PA 17013. This letter was mailed under the date of January 13, 2003 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 March 5, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $25,000.00 to Attorney Joseph Goldbeck for Travelers Bank and Trust, FSB c/o Citifinancial Services Inc. It being the highest bid and best price received for the same, Travelers Bank and Trust, FSB c/o Citifinancial Services Inc. of 7467 New Ridge Road, Suite 222, hanover, MD 21076, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $4,000.00. Sheriff's Costs: Docketing $30.00 Poundage 500.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Certified Mail 3.10 Levy 15.00 Surcharge 30.00 Law Journal 223.55 Patriot News 197.83 Share of Bills 25.21 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $1167.59 Swom and subscribed to before me This 3c~ day of ~L0 P~thtonotary td2~ So Answers: Real Estate D[puty PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 31, FEBRUARY 7, 14, 2003 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. REAL ESTATE SALE NO. 35 Writ No. 2002-5106 Civil Travelers Bank and Trust, fsb, c/o Citiflnancial Services Inc. VS. Joseph L. Davis, Jr. and Vickie L. Davis Atty.: Joseph Goldbeck SHORT DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of C~rlisle, Cumberland County, Pennsylvania, bounded and described as follows: Lots Nos. 19 and 20 in Block No. 11 as laid out on a Plan of Lots adopt- ed by the Carlisle Land Improvement Company recorded in the Recorder's Office in and for Cumberland County in Miscellaneous Docket No. ll, Page 572, bounded on the South by "B" Street; on the West by land or former[v of James W. Eekels and Lisa Marie Coy~, Editor SWORN TO AND SUBSCRIBED before me this 14 day of FEBRUARY, 2003 Writ No. 2002-5106 Civil Travelers Bank and Trust, fsb, c/o Citifinancial Services Inc. vs. Joseph L. Davis, Jr. and Vickie L. Davis Atty.: Joseph Goldbeck SHORT DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle. Cumberland County, Pennsylvania, bounded and described as follows: Lots Nos. 19 and 20 in Block No. 11 as laid out on a Plan of Lots adopt- ed by the Carlisle Land Improvement Company recorded in the Recorder's Office in and for Cumberland County in Miscellaneous Docket No. 11, Page 572, bounded on the South by 'B' Street; on the West by land or formerly of Jan~es W. Eckels and Robert H. Conlyn: and on the North and East by alleys sixteen (16) feet wide. CONTAINING a total of fifty (50) feet in front along the northern line of 'B' Street (60 feet wide) and ex- tending northwardly therefrom at an even width a distance of one hun- dred fifty {150) feet and having thereon erected a two story frame dwelling house and other improve- ments known as and numbered 127 'B' Street. Carlisle, PA. TAX PARCEL #06-20-1798-031. PROPERTY ADDRESS: 127 B Street, Carlisle, PA 17013. IMPROVEMENTS: A residential dwelling. SOLD AS THE PROPERTY OF: JOSEPH L. DAVIS, JR. and VICKIE L. DAVIS. isa Marie SWORN TO AND SL 14 day of_ THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved MaylO, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. 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 on the 28th day(s) of January and the 4th and 11th day(s) of February 2003. 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 Sworn to and subsc his 03 A.D. S A L E #35 NotadalSeal -- City Of Hardsburg Dauphin County J J -" ' ~ 2o06 ~ NOTARY PUBLIC My C(x~rnission ~xl3res June t:), My commission expires June 6, 2006 Member, Pennsylvania Association Of Nora,s CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 196.08 $ 1.75 $ 197.83 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunda_v Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid.