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Home My WebLink About00-05649 ~- . , cA' -dl~ GOLDBECK McCAFFERTY BY: Joseph A. Goldbeck, Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff & McKEEVER Jr. THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place, NY 11514 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE vs, Term No. CIVIL ACTION: MORTGAGE FORECLOSURE DERK E. ROBERTS, KIMBERLY A, ROBERTS, F/K/A KIMBERLY A, BARRETT, (Mortgagor(s) and Real Owner(s)) AND JANET L, ROBERTS (Mortgagor (s) ) 00 - .51..'-I'{ Q;Ut{'-r~ 13 W. Pine Street Mt Holly Springs, PA 17065 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 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 A V I SO LE RAN DEMANDADO A USTED EN LA CORTE. SI DEsEA DEFENDERsE CONTRA LAS QUEJAS PERESENTADAS, Es ABSQLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DrAS DESPUES DE sER SERVIDO CON ESTA DEMANDA Y AVISO. PAPA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REG ISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN EsTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTQNCES, LA COUTE PUEDE, SIN NOTIFlCARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE UsTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DElfIANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215 238-6300. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 .l,','." , -; ~ l'/olii!ai COMPLAINT IN MORTGAGE FORECLOSURE 1. plaintiff is THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A, c/o Rosicki Rosicki & Associates P.C., One Old Country Road Suite 375, Carle Place, NY 11514. 2. The name(s) and address(es) of the Defendant(s) is/are DERK E. ROBERTS, 13 W. Pine Street, Mt Holly Springs, PA 17065, KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT, 13 W. pine Street, Mt Holly Springs, PA 17065, who is/are the mortgagor(s) and real owner (s), and JANET L. ROBERTS, 13 W. Pine Street, Mt Holly Springs, PA 17065, who is/are the mortgagor(s) of the mortgaged property hereinafter described. 3, On January 25,1996, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to TMS MORTGAGE INC., D/B/A THE MONEY STORE, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1301, Page 1000. By Assignment of Mortgage dated January 25, 1996, the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 546, Page 1053. 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 payments of principal and interest upon said mortgage due March 1, 2000, 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. .... iilllUj; 6. The following amounts are due on the mortgage: Principal Balance Interest from 2/ 1/00 through 6/30/00 at 11.490% Per diem interest rate at $14.01 Attorney's Fee at 5% of Principal Balance Late Charges 3/ 1/00- 6/30/00 Monthly late charge amount at $ Costs of suit and Title Search $ 44,511.08 2,101.50 2,225.55 560.00 $ 49,398.13 Escrow Balance Monthly Escrow amount $ $ 49,398.13 7. The Attorney's Fees set forth above are in conformity wi th 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 hereto 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 Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $49,398.13, together with interest at the rate of $14.01, per day and other expenses incurred by the flaintiff which are properly chargeable in accordance with the' terms of the mortgage. and for the foreclosure and sale of the mortgaged premises. By: GOLDBECK Mc E BY: Joseph A. ld ec , Attorney for Plaintiff cKEEVER Jr., Esq. . .-, ~ ~ . ~o ~ ~- dt , :rUN 29 '00 08:39AM P.5/7 VERIFICATION t. . as the representative of the Plaintiff corporation within namec;l do hereby verify that I am a\J.thori~ed to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: <~/~k ~ d..9Y..-<j ~"-r Pt€ V - A Y'7t ;>'~~ ~c ~/9 y,-wa t~~ ~ #72807530 - ROBERTS,DERK E. .. - , """'~"" ........ COMMITMENT flUX 11TL,I!; m~u..KA.L""'",Jl" SCHEDULE A CONTINUED Commitment No. CU01229670 File Number: 9421867 Legal Description ~l that certain tract of land with the im.provements thereon erected. situate in the Sorough of Mount Rally springs, cumberland County, Pennsylvania, bounded and describe~ .s follows: Be9inning at a point in the southern side of West Pine Street; thence by land now or formerly of Willia~ F. Skilton and E. Virginia Skilton. his wife. South 1 degree 3S ninutes East ~03.2 feet to a point; thence by land now or formerly of Frank H. Stoer~inger, Jr. and Sarah R. Stoerzinger, his wife, South 90 degrees oe minutes West 49 feet to a point; thence by land now or former1y of Boyd W. Gleckner and Betty Jo Gleckner, his wife, North 1 degree 15 minutes East 116.6 feet to a point on the Southern side of West Pine street; thence by the southern side of West pine Street; thence by the soutnern oid@ of West pine sereee. North 85 degrees 39 minu~es East 41 feet to the place of Beginning. Being improved wien a dwelling house known as No. 13 West Pine Street. -'~.-if';~vlva"ja } 55 ~ ,. '.,I";';i:.ef'land i.. 't".'...~ .:dlc;e tor the recording of De. ~,. . t'C"~~~;""',"!n"d c"u~~ ,K)l.l jc" ___ ragel, ~ . :'~l'1\~~-'1 I,l off 'l.o . l'"...~ ~ d1'fYO, 19 ---=-I? . ,<~ if.co}c~ This cDmftltaent 1_ lpvbl~d uples. the Ln$~ri~9 previsions .nd Scbcdulea ~ and D are at~acbed First American Title Insurance Company tDod301 PAGE1007 P 931 131 7IJb gr;t'/l/ I .",. MolIn" 5'roRr May 03, 2000 NBRC72807530 Oed< E. Roberts 13 W Pine St Mt Holly Spgs, P A 1706~-- EXHIB'T A . I ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort!!a!!e on vour home is in default. and the lender intends to foreclose. Specific information about the nature of the default is orovided 10 the attached DB!!es. The Homeowners' Emernencv Mort!!a!!e AssistaneePro!!ram (REMAP) mav be able to helo to save vour home. This notice exolalns how the nro!!ram works. To see if REMAP can help vou. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice withvou when vou meet with the eoenselin!! 81!encv. The name, addnss. and Rhone number of Consumer Credit Counselin!! A!!eneiea servin!! vOllr cOllntv are listed at the end of tbls Notice. ,lfvou have ailv ouestions. vou mav call the Pennsvlvailili Housin!! Finance A!!enev toll free at 1-80o-J42-2397 (persons with impaired hearin!! ean esI1717-780-1869\. 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. Yon may also want to contact an attorney in your area, The local bar association may be able to belp you fiud a lawyer. La Notifieaion en adiunto ea de suma imnortaneia. nUes sCecta sn derecho a continuar viviendo en Sll easa, Si no comnrende e' eontenido de eata notificion obten!!a una traduce ion linmediatamente lIamando esta al!e'leia ,(Pennsvlvania Housin!! Finance ARnev) sin C21"@"OS al Rumero mention.do ,~rriba. Poedes ser.elesrible DarB un orestamo nor' el ,Dr<<mrama lIamado "Homeowners' Emer"enev Moma!!e Assistance Pro!!ram" al eual Duede salvar su easa de laDerdida del dereeho a redimlr su hiDOteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: Derk E, Roberts 13WPneSt Mt Holly Sp, PA 17065-0000 72807530 TMS Mortgage Ine, LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER The Moncy Store P. O. Box 96053, Charlotte, NC 28296-0053 Phone: 1-800-795-5125 Ext. 10302 E"" '_1 .. . -is.:' Page two NBRC72807530 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM tr;2Jl/ yon 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 PROVISION OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TIlE "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 the foreclosure on your " mort~e for THIRTY (30) days from the date of this Notice, During that time you mtlS! arrange and attend a "face-ta-face" m...ting with one of the designated consumer counseling agencies lisled at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRlNO 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- [fyou attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for THIRTY (30) days after the dJrte Oflhis meeting. The names. addresses and telenhonenumbers of desil!Dated consumer counselin2 a2encies for the counlv in which VDur nronertv is located are set forth at the end of this Notice. [t is only necessary to schedule one face-ta-face meeting. You should advise this lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth laler in this Notice (see following pBges for specific information aboul 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 Homeowners' Emergency Mortgage Assistance Fund, In order to do this, you must fill out, BOd sign BOd file a completed Homeowners' Emergency Assistance 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 BOd they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or posunarked within THIRTY (30) days of your face-ta-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 LETfER, 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 you application. During that additional 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 Agency of its decision on your applicatioD, 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. {lfyou have filed bankruptey you can still apply for Emergency Mortgage Assistance} C~I_,W - -=" - - ""-, /C:T7!fi/ Page three NBRC72807530 HOW rrO CURE YOUR MORTGAGE DEFAULT (Brine it un to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 13 W Pne St Mt Holly Sp, PA 17065-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTIlL Y MORTGAGE PAYMENTS and the following amounts are now past due: Delinquent Payment Balance: (b) Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 05/0112000: $1.786,35 $,00 $1,306.26 $.00 SJ,092.61 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): . HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date oftbis letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS, SJ,092.61, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE TIllRTY (30) DAY PERIOD. Pa-vmenls must be made eitber bv cashier's check. certified cbeck. or monev order made oavable to: , 4 Regnlar Mail: TMS Mortgage Inc. PO Box 96053 Charlotte, NC 28296-0053 Overnight Mail: FUNB Lockbox 96053 1525 West W. T, Harris Blvd, Charlotte,NC 28262-0053 . " You can cure any otber default by taking the following action wIthin THIRTY (30) Days of the date of this letter: (Do not use if not applicable,) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends 10 exercise itsrieht to accelerate the mortl!llee debt. This mellll8 that the enlire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly instalhnents, If full payment of the amounl of default is not made within TIlIRTY (30) days of the letter date, TMS Mortgage, Inc., also intends to instruct their attorneys to start a legal action to foreclose uoon vour mortl!al!ed nrooertv. IF TIlE MORTGAGE IS FORECLOSED UPON. The mortgaged property will be sold by the Sberiffto pay off the mortgage dcbl. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00, However, iflegal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs, If vou cure the default within the THIRTY (30) DA V neriod. vou will not be reuulred to Dav attoroe-vs' 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 TIlE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, yoil 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 charges, chargcs then due, reasonBble attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by perfonning 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 YOI1 had never defaulted. EA RUEST POSSIBLE SHERIFF'S SALE DA TE- It is estiinated thatlhe earliest date that such sheriff's sale could be held is would be approximately FIVE (5) months from the dRte of this Notice, A notice of the actual date of the Sheriff's Sale will be seat to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. Vou may frod out at any time exactly what!he required payment or action will be by contacting the lender. M'C" Page four /!rv) NBRC72807530 HOW TO CONTACT THE LENDER BY TELEPHONE OR MAIL Name of Lender: The Money Store Address: FUNB LOCKBOX 96053 City, State, Zip Charlotte, NC 28262-0053 Telephone Number: 800-795-5125 Ext. 10302 Facsimile Number: 916-617-0655 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's sale will eDd your ownership of the mortgaged properly and your right to occupy it. If you continue to live in the properly after the Sheriff's sale, a lawsuit 10 remove you and your furnilure and other belongings cOlIld be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. Provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements ofthe mortgage are satisficd. YOU MAY ALSO HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT, OR BORROWER MONEY FROM ANOTIffiR LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE TIllS DEFAULT CURED BY ANYTIlIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. (HOWEVER, YOU ARE NOT ENTITLED TO THIS RIGHT MORE 1HAN THREE TIMES IN A 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 OTIffiR DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER TIffi FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED TO THIS LETTER. Sincerely, TMS Mortgage Ine, I ~ ~.~~".'~ .~. /"" 'i-\'.~ \ /::.\;";:~;: :~:;<, '\ ~-,'}'f."',}"'." ": .,..". .. , 1i'~<i '.~i,~' : i,' . .' ' . r'.\. .r" j,.... .. , ./"\, .~... ~1. ~'"'' '..,....,. '. , ',.... '..,", '. .:':"","".;-' . ,;- ~:.,~ W;,. E#1~ ,,~ . , ~":i! ('JOm ~~~ ;:~z m",m ~:f-< omen . a \:? ;0 m . ~ .U> .,.w .,,-- " . .' 1.\. '" .:-\ ' , . - :-: . (' .'....~.y: ... .' . -. . .~ . .. "... 1. -, ,,\ . ./ . ~ . , . .... .~"~ '.F..~.> " .,.~"...ti,) :'.f . :; i' ..... :..'" \ , '" - -" '.. - ~, '~, cftJ7c:lhJ?53 cJ ~7/FA,) I. your RmJRN .e.nftDBR completed on the,...... aide? ;g !>> pi ~ 00000= .~ f i jilfHff I ill CD ,~ Ir ~in" ~ i Ii In I~ ~ If!. III ~ f~t - i ~ff!lh i ; is' i ~'I 1 H~I, I( : If o.i i i I: h 11 1 f ~ 000 ~ t: if H Hill i ,il t i'Uiifa z if. ~ CD ;: 8.i ~ "'_ ~r ~ ,!t1tgoNrSt g. , ~,} '/ o .. ~ DO · ~s;: 05"0 '* 00 lD ... Ii ., cca ~_ ~ 8:~"'i'!!. , "'1 _YWfor~_~~ \ \ \ \ ! I 'P II' ~ " I ~ 3 :II CD fa -a 111II11II111"lllllII/jlllll"IIIIIIIIIIIIIlllIjl~I"I/~I~lmlllllll" 11111I 0072807530RTRN ~;.'" -," .,.". MoN.Y'S'rORE"' (lit,) P "131 131 7D7 May 03, 2000 NBRC72807530 Imberly A. Roberts 13 W Pine SI Mt Holly Spgs, P A 17065- EXHIBIT A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an offieial notiee that the mort""l!e on vour home is in defaulL and the lender intends to Coreelose. SlIecifie inCormatlon about tbe nature oC the deCault Is nrovldedin ,the atiaehed nal!es, The Homeowllers' Emer2enev Mortl!al!e Assistanee Prol!ram IHEMAP) mav be able to helll to save vour home. This 1I0tiee eXlllains how the IIFooram works. To see iCHEMAP ean helllvou. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE.oF THIS NOTICE. Take this Notiee'with vou wheu vou meet with the eounselinl! al!enev. The nam~ address. andnhone number oC Consumer Credit Counselinl! Al!udes servinl! VDur counlv are listed ,at the end oC this Notice, Ifvon have anv Qnestions. von mav,eallthe Pennsvlvania Housinl! Finance Al!enev toll free at '1-800.342.2397 (nersons with inlllaired hearInil ean eall 717-780-1869), This notiee eontains important legallnCormation. If you have any questions, representatives at the Consnmer Credit Connseling Agency may be ahle to help explain it. You may also want to eontact an attorney in your area. The loeal har assoeiation may be able to help you fmd a lawyer. ~ La Notifieaion en adiunto es de suma imnortanc:ia. nues areets sudereeho a c:ontinuar viviendo en su cass. Si no eomnrende el conlenido ,de esta, notificion oblen" una tniduccion, immedi~l3Jnente lIamando esm asreneia .lPennsvlvania,:Housinsr Finanee Al!enev) sin .aNOS al numero meneioilado arriba.PuedeS ser elel!ible nara un IIrestamo Il9r elllrol!rama llamado "Homeowllers' Emer2encvMortl!al!e Assistanee Prooram" aleuallluede salvar su easa de la oerdidadel derecho a redimir su hioateea, HOMEOWNER'S NAME(S) : PROPERTY ADDRESS: Kimberly A, Roberts 13 W Pne St Mt Holly Sp, P A 17065-0000 72807530 TMS Mortgage Inc. LOANACCOUNTNUMBE~ CURRENT LENDERlSERVICER The Money Store P. 0, Box 96053, Charlotte, NC 28296-0053 Phone: 1-800-795-5125 Ext. 10302 - ~ ' - -.,"~ '" . Page two NBRC72807530 1{/LrJ i , HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM yOU MAY BIt; ELl91BLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS, IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNERS' 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 I' A YMENTS, 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 the foreclosure on your mortgage for THIRTY (30) days from the date ofthis Notice. During that lime you must arrange and attend a "fuce--to-face" meeting with one of the designaled consumer counseling agencies listed at the end of this Notice, THIS MEETIING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP 1'0 DATE, THE PART OF THIS NoTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAUL Y' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. I CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-In-face meeting with one of the consumer credit counseling agencies listed 81 the end of this Notice, the lender mBY NOT take further action against you for THIRTY (30) days after the dale of this meeting. The names. addresses and teleohone numbers of desienated consumer counselin2 a2encies for the county in which your properlY is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSIST ANCE- 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). [fyou have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must mt out, and sign and file a completed Homeowners' Emergency Assistance Application with Doe of me designaled consumer credit counseling agencies lisled at the end of mis Notice. Only consumer credit counseling agencies have applications for me program and they will assist you in submitting a completed applic8lion to the PellllS)'lvania Housing Finance Agency. Your application MUST be filed or postmarked within THIRTY (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICA TlON PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTllER 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 mortg-age assistance are very limited. They will be disbursed by me Agency under the eligibility criteria established by !he Act, The Pennsylvania Housing fmance Agency bas SIXTY (60) days to make a decision after it receives you application, During mal additional 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 Agency of its decision on your application. NOTE: IF YOU ARE C'[JRRENTL Y PROTECfED 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, (Uyou have filed bankruptcy you can still apply for Emergency Mortgage Assistance) .'i - ,~,>""',. - Page three NBRC72807530 ;L 1tt,J HOW TO CURE YOUR MORTGAGE DEFAULT (Brin!! it nn to date) NATURE OF THE,DEFAUL T - The MORTGAGE debt held by the above lender on your property located atl3 W Pne St Ml Holly Sp, PA 17065-0000 IS SERiOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS and the following amounts are now past due: Delinquent Payment Balance: (b) Late charge(s) : (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as oC05/0112000: $1,786.35 $.00 $1,306.26 $.00 $3,092.61 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS, $3,092.61, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cashier's cheek. certified cheek. or monev order made navable to: I Regular Mail: TMS Mortgage Inc. PO Box 96053 Charlotte, NC 28296-0053 Overnight Mail: FUNB Lockbox 96053 1525 Wesl W. T. Harris Blvd. Charlotte, NC 28262-0053 You can cure any other default by taking the following action within THIRTY (30) Days of the date oCthis leller: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) days of this letter date, the lender intends 10 exercise its rimt to accelerate the mortl!8l!e debt. This meBns that the entire outstimding balance of this debt will be considered due inunediately, and you may lose the chance 10 pay the mortgsge in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter dBte, TMS Mortgage, Inc., also intends to instruct their attorneys to start a legal action 10 foreclose uoon vour mortl!al!ed nrooerlv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgsged property will be sold by the Sheriff to pay off the mortgsge debt. If the lender refers your case 10 its attorneys, but you cure the delinquency before lbey begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50,00. However, if legal proceedings are started against you, you will have to pay lbe reasonable attorney's fees actually incurred even if they are over $50,00. Any attorney's fees will be added to the amouDt you owe lbe lender, which may also include lbeir reasonable costs. If vou cure the default within the THIRTY (30\ DAY Deriod. vall will not be renuired 10 navallornevs' fees. OTHER LENDER REMEDlES- The lender may also sue you personally for the uDpaid principal balance, and all other sums due under lbe Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default wilbin the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the defanlt and prevent the sale at any time up to one hour before t\le Sheriff's Sale, You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with lbe foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under lbe mortgage. Curing your deCault in the manner set fortb in this Notice will restore your mortgage to the same position as if you had never deCaulted. EARLIEST POSSIBLE SHERIFF'S SALE DA TE- It is estimated thaI the earliest date that such sheriff's sale could be held is would be approximately FIVE (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure lbe default will increase lbe longer you wait. Yau may fmd out at any time exactly what the required payment or action will be by contacting Ihe lender. " ~' "'-", Page four NBRC72807530 l1t,) ;j HOW TO CONTACT THE LENDER BY TELEPHONE OR MAIL Nan:te of Lender: The Money Store Address: FUNB LOCKBOX 96053 City, State, Zip Charlotte, NC 28262-0053 Telephone Number: 800-795-5125 Ex!. 10302 Facsimile Number: 916-617-0655 EFFECT OF SHERIFF'S SALE- You should realize thBt a Sheriff's sale will end your ownership of the mortgaged propcrty and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnilure and other belongings could be started by the lender at any lime. ~ ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. Provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or atlhe 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 PAYOFF THE MORTGAGE DEBT, OR BORROWER MONEY FROM ANOTHER LENDING INSTlWTlON TO PAYOFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. (HOWEVER, YOU ARE NOT ENTITLED TO THIS RIGHT MORE THAN THREE TIMES IN A CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEF AUL T 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. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED TO THIS LETTER. Sincerely, TMS Mortgage Inc. , ' Uf fIt ,i.ii I J, .h :r ",,/~\. , ....~.;,. /;~'::::~~? . 0 ,\, . ~"'. .' , ~..,., ~w <:;~.' . J./ .' i ~"",L.i " .... ~<~~.. , . ". I " ~1l-f ~~iIi s:~~ m~Z Z~m ""0 ~ -< . (1) en S; ~ m m co .,) E; / .", ~ :')"~ ,< , .. ~. ., ..);:J:. "\"" ; 0:; :s.y~" '--,,:.,;~ .' .:---"" q I r I I,} ; d ,t I .t I : f i ) , ! i ~ : ..n)~\I'\1 ': \ ,/ ,. : :,1 ~ . ~ ,,~- 1.- /)tJ7cJcfO?5';-2 ,erl:{/J .. your RETURN ADDRES cg ~ pi S t!ftII1pleted on the MIl' l} ~ ill ;:; - '" __1 3 " i ~ w 1:': 00 0 0 C/J H H ifl ,,! lfPllfJi I ~.lt~~ :!4q.H i ~ I ~, If I fa ~ ;.r~'i Ii t II ~ ~ ! I if h Ir .. s ;-l 11 I r !ii~: e :~ d _3il~~.l h~ :if!l~fif'" 3 ~ '!;3.<' .i ~ ~a!!.i~ !'O:-'-- f '~ OO.5m. !l .... '" it ! 0 i ~ H [J. , -.J <~~~ DO. t:J' ;~.~'~ g~o. -.J,~. c~ ~I. o~ ~ . IS;> , l!.ii' "<J"si~\ ~ 0. il'0' 1Ilank-' _. ' .- .!. !r "......lvd.81ngRIIUm ...... - '.' or: RICOIpISeMce. , \ II \I \ ~ o ~ ob :l: ~ ~ 3 .. If ~ 3 :II ~ '2 ii ... I i f ! '~ '" - ';" .,' ~ ,~, .;,~ .~ 1'IIIi MoNEy .~. P "I3:L :L4i! 1010' tre~ MsY' 18~ UiOO NBRC'I2807530 ~ JanctL.Robr:rts I3WPineSt MI Hony Spp, PA 17065- . " ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 1'Idsis n offH!iBl notb. dl,iIot .'he mmWlKfe on YDDl' bmue iI in defaldt. Odd lhetl9lder Intend. to forecloJe.. Snetlifie illformaifOD about ftae I'lB111N! or tile default Is arovJdttd in the .aftlu!1aed DaHL The Homoowften' Emel'fQ!netl' MMtmpe Assktlll'lte Pnwnnn IlfI'MA.I'lmn be.able to helD to II8\!e vourhome-. 'nil Duffee ~lllim. hnw the DrGIl!l':IlID wOl'b.. I To 1ft ilHEMAP all helD 'VOO. Wn must MEI!:.T WITH A CONSUMeR CREDIT MlrNIiELING AGENCY WITHIN 30 DA ~ OF TilE DATE OF THISNOTIa. Tsb tit... Nofieewilh YDn wlu!1l WId meet wIth'M HIInl!l!Ilnlr IIftftft. The Dame.. iIlddl'Ml and nbMflIUlmher OrCODSUm~I'Ctedit ClJunseJfu ~,cleI Hl'Ymll W11IlU'Mu!lfy an lilted 1I..he end at tllk Notiee. lfvon bfte HIIY"OIIel1tronL WID mll'V uU flu! I'lmn!!vlvania Hnll!!lhl.- P'inDoC!e A01m~!dO frl!!1! lit 1..fmDw.'\41;.~:.9'7 (nemMUI with mll.ired b~ri:dil elm an "It1..7Al\..-1B69\. Tblt notice containl important JegaJ iDforllUltlon. If)'ou bavlt-anyqwtiOns. represennadv,,* IittlJe ContulQU'Credit CounselIng A~ may be sble to befp explain it. VOlt ..illy also waut, toCOlltattan attornq ltt yoar lira. Tlldoeal bar aROCia'ion may be able to ~ yoa fbtd I lawyer. La Matiftl!lli_ ellSld'uDwfsdasuma OrInartanem., DUti atti1B IIU de~bB. eOllltlttlld' viricDdoa liB MI* Si DO oomnrell4e "I wmtmlldo deesIB notit'lemlh'J~enfg arm fl'8dDftltm illUlll!dhWImeate IhlllUlndo Mfa lill~e~lcla, ~,"~~ Hoddwr Finllbt!1! ARDevlsih ~ III nuntel'Omenmnl!ldn.lTlitlt. Puedll!l ftr~bliD'->>at'l!l un,~'riDrel,"~PnInts lkonrul,. ot&m_WIU~1'51I!:men>"Blt!V Marttlltc"~ AOkt81U'J1l! Prmrram" sl cualDOOde ulYar ~ eM. de-ta uenuilo del derUllo ill rwll'mir su hlDotua. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: WAN ACCOUNT NUMIlER: CURRENT LENDERlSERVlCER J""" ,I- Robms UWPoeSt Mt Hotly Sp, PA 17065.0000 12801S30 TMS Mortgage lilt(. The Money Store P. 0, Box 96053, Charlotte. NC 2829&.OOS3 Phone; 1..aOO.795~S l25 Ext, l0-302 , ~'. ~ ,'. - ,",,<',1":-'."'":';;"'4 .. ' . ','~, ,;,:,",;~ "- (" .~ V' fA; :"' :. .~ ~-f~:;','" ~.",,'-:-r , .'.i" ,~ / u~ m~~ ~!;!~ ~~~ I c. f\'" .f,t.; r;-!'" (': ~ . 1 .. " "",-j ~ t)tJ 7;J/itJ 753 cJ Lrl!AJ I I f I "- <ll ,. po ~ ' fl!iH g ! Ij~" i I i!nf. ; q I' ., "' .. co. ~ oU """"......- --- ~ ,,J;,,,,,,,, ''''_,~jj'-.'l ., ,"" < ~, ~,' ."'M!l!robrtm""" J"-.illiii -, ,~ , " ... L""'" ,1ftIlij1Y_'~" ~, ~ ~ ~ -lg. 'i .Vi ~ € -() ...... !:"l . . 70 o ? a "<) f' ~ C2 ....... 1 G' ~~ ~~ 8 S? <"'" '--~.i -ot~ nl !:::. ~f:;; c/)'-". :-<:~;. C.'i ~cj e.) -"C) <<:..,'-:., :~:,).:- p'---) - C r'-'> Z ::;!:n (Jl - ",. c: G") o " =-;."1 . :1::7l 'J~8 g~ VJ ;;irl1 )> ~J --< t~ ~~ ~~ , , ""'""""""" ..""",~ ,;;E-,_ .' > SHERIFF'S RETURN - REGULAR CASE NO: 2000-05649 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS ROBERTS DERK E ET AL WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROBERTS JANET the DEFENDANT , at 0018:36 HOURS, on the 18th day of August , 2000 at 236 N. BALTIMORE PIKE APT 2 MT. HOLLY SPRINGS, PA 17065 by handing to JANET ROBERTS a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~~l R. Thomas Kline 08/21/2000 GOLDBECK, MCCAFFERTY, MCKEEVER Sworn and Subscribed to before me this 7 q,. day of ~ 2v?JV A.D. ~ a "h1.PP" , ~ othonotary , By: ~!~~f I I I I I 1 1 , I WILLIAM DIEHL , Sheri~f or Deputy Sheriff of Cumberland County,pennsylvania, who b1ing duly sworn according to law, says, the within COMPLAINT - MORT FOR! was served upon .' . SHERIFF'S CASE NO: 2000-05649 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS ROBERTS DERK E ET AL RE"TURJ . ., r ',;- - REGULAR ROBERTS KIMBERLY A F/K/A BARRETT KIMB!RLY A the DEFENDANT , 2000 at AMERICAN LEGION , at 0018:49 HOURS, on the 18th day of Auqust 1 a true and attested copy of COMPLAINT 1- MT HOLLY SPRINGS, PA 17065 KIMBERLY ANDERSON N/K/A NTOICE 601 W. PINE ST by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 3.72 .00 10.00 .00 19,72 Sworn and Subscribed to before this "1 !3-' day of _+~ ~"-' ~ A.D. f), t2~,~ ~thonotary' me So Answers: ~, 08/21/21000 GOLDBECK, MCCAFFERTY, MCKEEVER 1 BY]: wJ ~A I ~ De~riff '~ -~ ,.;. ",;"c , . SHERIFF'S RETURN - REGULAR CASE NO: 2000-05649 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS ROBERTS DERK E ET AL WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROBERTS DERK E the DEFENDANT , at 0018:30 HOURS, on the 18th day of August 2000 at 13 WEST PINE STREET MT HOLLY SPRINGS, FA 17065 by handing to DERK E. ROBERTS a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.72 .00 10.00 .00 31. 72 ~~~~t:~, R. Thomas Kline 08/21/2000 GOLDBECK, MCCAFFERTY, MCKEEVER Sworn and Subscribed to before me this 7 ~ day of ~~ A.D. ~,t2/h',d.,~ thonotary . By: . k'J~Nf ~ -" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A C/O Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place, NY 11514 Plaintiff vs. JANET L. ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT (Mortgagor(s) and Record Owner(s)) 13 W. Pine Street Mt Holly Springs, PA 17065 Defendant(s) Term No. 00-05649 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 THE PURPOSE OF COLLECTING THE DEBT. Enter Judgment in favor of Plaintiff and against JANET L. ROBERTS, DERK E. ROBERTS, by default for want of an Answer, and KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT in accordance with the attached Consent Judgm~nt. (X) Assess damages as follows: Debt $ 52,298.20 Interest 2/ 1/00 to 1/23/01 Total $ (Assessment of Damages attached) I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE PUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praec' e. A y of the notice is attached. R.C.P, 237.1 Joseph A. 0 Attorney fo I.D. #16132 AND NOW . )~ :2;r- ,cQ()Df , Judgment is entered in . favor of THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A, and against JANET L. ROBERTS and DERK E. ROBERTS by default for want of an Answer, and KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT in accordance with the attached Consent Judgment and damages assessed in the sum of FIFTY TWO THOUSAND TWO HUNDRED NINETY EIGHT DOLLARS AND 20 CENTS ($52,298,20), as per the above certification. Prothonotary " /, ,,' ", ~"nli '1. .;.;,.., D1a.liliIJ!lMlfllli!lliilliliM . ~ili%~ff"""" -- ",' ts~~!i!oilB- " iIllilllllililj;' .. 'I i,1 Ii .j ;1 i' i I Ilk' ".................-- ~ ~ ~ t ~ ~ (). C>- O 0 c; tJ C TI ~ '- F ~ '"Urn :;:-Ja :';'?7! ~ 111-rn :.,~ 'd F ~S~ i'..) :~J{~ ~ Ch_, (.Ii ~;ls~ j -... ~a ----t- -0 ?S:D 1V' ~ ~(') :x .-.-.rc""'1 ( :>;8 - orn '. ~ z =< ..,.. -< '-!..... ., GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I,D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney fo~ Plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates P.C, One Old Country Carle Place, NY Road Suite 11514 Plaintiff 375 vs. JANET L. ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT (Mortgagor(s) and Record Owner(s)) 13 W. Pine Street Mt Holly Sp~ings, PA 17065 Defendant(s) "c~"' _,{ ~,~ i" .". ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 00-05649 ORDER FOR JUDGMENT Please enter Judgment in favor of THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A, and against DERK E. ROBERTS and JANET L. ROBERTS for failure to file an Answer in the above action within (20) days from the date of service of the Complaint and KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT, in accordance with the attached Consent Judgment, in the sum of FIFTY TWO THOUSAND TWO HUND D IN EIGHT DOLLARS AND 20 CENTS ($52,298.20). I hereby certify that the above names a e correct and that the precise residence address of the judgment creditor is c/o Rosicki Rosicki & Associates P.C., One Old Country Road Suite 375, Carle Place, NY 11514 and that the name(s) and last known address (es) of the Defendant(s) is/are DERK E. ROBERTS, 13 W. pine Street, Mt Holly Springs, PA 17065; KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT, c/o Gregory L, Cutler, Esquire, 50 East High Street, Carlisle, 17013 17065; JANET L. ROBERTS, 236 N. Baltimore ik, . 2, Mt. Holly Springs, PA 17065; TY & McKEEVER Idbeck, Jr. intiff ~ , '" -"'-- c_,.J, ~,'~ , ~. ~'-' .' '" -, '-,,"-~ ,,~ "- , ."~ ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal balance $ 44,511.08 Interest from 2/ 1/00 through 1/23/01 5,001. 57 Attorney's Fee at 5% of principal balance 2,225.55 Late Charges Costs of Suit and Title Search 560.00 $ 52,298.20 Escrow Balance 52,298.20 GOLDBECK McKEEVER , Jr. AND NOW, this .:2 ~ day damages are assessed as above. of Jd.-U , 2001 p~~~ , - - "" ,," ^~ .. ..,",,, i . ~ <"",,~, - ,,' ;. ,,:::' .-;" . _"",~,' , .c"", ~ .' ~ "'""'. 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, JANET L. ROBERTS, is about unknown years of age, that Defendant's last known residence is 236 N, Baltimore Pike, Apt. 2, Mt. Holly Springs, PA 17065 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: 72807530 - ROBERTS,JANET L. ~",.- ~" \, c..,,--':" --'.'. -- ",-. ,~~,_ ~" ""'"' 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, DERK E. ROBERTS, is about unknown years of age, that Defendant's last known residence is 13 w. pine Street, Mt Holly Springs, PA 17065 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' ief Action of Congress of 1940 and its Amendments. Date: 72807530 - ROBERTS,DERK E. ;'"' '"'n'_.- _ _ '_' n,,,._ . , ~'-;L','" - 'i";,';'C'_ 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, KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT, is about unknown years of age, that Defendant's last known residence is c/o Gregory L. Cutler, Esquire50 East High Street, Carlisle, 17013 17065 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: 72807530 - ROBERTS,KIMBERLY A. , , . _,,",'.'<^ ~ _",; '0"..'.' .'" ~."",, ')'"~' ~'., ,'"',,,1"".-,, _ ." "'. '" ,; TO: JANET L, ROBERTS 236 N, Baltimore pike Apt 2 Mt Holly Springs, PA 17065 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED : AS OF FEBRUARY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place, NY 11514 plaintiff vs, JANET L, ROBERTS, DERK E, ROBERTS, AND KIMBERLY A, ROBERTS, F/K/A KIMBERLY A, BARRETT (Mortgagor(s)) (Record Owner(s)) 13 W, Pine Street Mt Holly Springs, PA 17065 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No, 00-05649 THIS LAW FIRM IS A DEBT COLLECTOR l\ND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT, ANY INFO~TION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: JANET L. ROBERTS 236 N, Baltimore Pike Apt 2 Mt Holly Springs, PA 17065 DATE OF THIS NOTICE: December 20, 2000 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: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ Jade?"- ..A. (jatdbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A, Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 .' ." ,~'''. , "'~' ", ''",~' ,,__, 1,"'. M., '_'_~'-. L TO: DERK E. ROBERTS 236 N, Baltimore Pike Apt 2 Mt Holly Springs, PA 17065 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED : AS OF FEBRUARY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place, NY 11514 Plaintiff vs. JANET L, ROBERTS, DERK E. ROBERTS, AND KIMBERLY A, ROBERTS, F/K/A KIMBERLY A, BARRETT (Mortgagor(s)) (Record Owner(s)) 13 W. Pine Street Mt Holly Springs, PA 17065 Defendant (s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 00-05649 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: DERK E. ROBERTS 236 N. Baltimore Pike Apt 2 Mt Holly Springs, PA 17065 DATE OF THIS NOTICE: December 20, 2000 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: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ JOdeph .A. goldbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg, 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 ~-, . ._,'.',. ,'." '^ -', ',~ "' . ,"~,,'. ,,"p,,",,-,", , "~" ""'-' TO: JANET L, ROBERTS 13 W. Pine Street Mt Holly Springs, PA 17065 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED : AS OF FEBRUARY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place, NY 11514 Plaintiff vs. JANET L, ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT (Mortgagor(s)) (Record Owner(s)) 13 W. Pine Street Mt Holly Springs, PA 17065 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No, 00-05649 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A PEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: JANET L. ROBERTS 13 W. Pine Street Mt Holly Springs, PA 17065 DATE OF THIS NOTICE: December 20, 2000 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: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ Jooeph ~. (Jotdbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S, Independence Mall East Philadelphia, PA 19106 215-627-1322 ~~ - '., ""ci,'- " L:' TO: DERK E. ROBERTS 13 W. Pine Street Mt Holly Springs, PA 17065 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED : AS OF FEBRUARY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place, NY 11514 Plaintiff vs. JANET L, ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT (Mortgagor(s)) (Record Owner(s)) 13 W. Pine Street Mt Holly Springs, PA 17065 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No, 00-05649 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: DERK E. ROBERTS 13 W. Pine Street Mt Holly Springs, PA 17065 DATE OF THIS NOTICE: December 20, 2000 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: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ JOdeph .A. goldbeck. JP. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 ,- -~ .-' .""-,.--,,, ;'Rj TO: DERK E. ROBERTS 15 East Street Mt Holly Springs, PA 17065 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED : AS OF FEBRUARY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place, NY 11514 Plaintiff vs. JANET L, ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT (Mortgagor(s)) (Record Owner(s)) 13 W, Pine Street Mt Holly Springs, PA 17065 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No, 00-05649 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: DERK E. ROBERTS IS East Street Mt Holly Springs, PA 17065 DATE OF THIS NOTICE: December 20, 2000 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: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ JOdeph .A. (jotdbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq, Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 -'- " O,;,-~'~ -, . "' . ,- ,--",,;,,~ . ~ 0 _ "' TO: JANET L. ROBERTS 15 East Street Mt Holly Springs, PA 17065 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED : AS OF FEBRUARY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place, NY 11514 Plaintiff vs. JANET L. ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT (Mortgagor(s)) (Record Owner(s)) 13 W. Pine Street Mt Holly Springs, PA 17065 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 00-05649 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: JANET L. ROBERTS 15 East Street Mt Holly Springs, PA 17065 DATE OF THIS NOTICE: December 20, 2000 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: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ JO:leph --4, (joldbeckJ Jr. GOLDBECK McCAFFERTY I< McKEEVER BY: Joseph A, Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 , ' 0" ,'-.- '--' ~ "~""',~.,," -'.:., .' -" Cgr: . . Rule of Civil Procedure No. 236 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place, NY 11514 Plaintiff Term No. 00-05649 vs. JANET L. ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/K/A KIMBERLY A, BARRETT (Mortgagor(s) and Record Owner(s)) 13 W. pine Street Mt Holly Springs, PA 17065 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. NOT ICE Notice is given that a judgment in the above-captioned matter has been entered against you. honotar~ , By: If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 _. i"," .-- L'!lJJ TJ iiiiiIlllUUI- ,~~~~~~' >~ _RILL _ ,~~~ ,.~_ ~=:,'''','',~, ," .,1< , , 0 Cd 0 C '-'1 $: ,- ~f~..,.., "U(D ]-:;;t mfT; '1':: \Y:r= Z::o Ze- N ~'::{8 (fJ.;"" t,f) -", I -<2:': 8~ !<:C --U ~() :zr. ;;.;:0 - -"--rn 0 C ~ Z :< ./:"' -< ~, ,'- :"'""""'~ -< ,,'-""' .", .'. ^"~.,,,', - ",.'. -"".--,; 1"'~,i' . .. , GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Lisa D, Blankenburg, Esquire Attorney I.D. # 78020 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE: IN THE COURT OF COMMON PLEAS UNDER THE POOLING & SERVICING: AGREEMENT DATED AS OF FEBRUARY: OF CUMBERLAND COUNTY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates p,c. One Old Country Road Suite 375 Carle Place, NY 11514 NO.: 00-05649 Plaintiff vs. JANET L. ROBERTS, DERK E. ROBERTS, : AND KIMBERLY A, ROBERTS, FIKIA: KIMBERLY A. BARRETT (Mortgagors and: Record Owners) 13 W. Pine Street Mt Holly Springs, P A 17065 Defendants CONSF.NT .rrffiGMRNT AND NOW, it is hereby stipulated and agreed by and between the undersigned as follows: 1. Judgment in Mortgage Foreclosure is granted in favor of Plaintiff and against Defendant, Kimberly A. Roberts alk/a Kimberly Anderson, damages to be assessed in accordance with the demand in the Complaint. Plaintiff reserves the right to petition the Court to reassess its damages prior to any Sheriffs sale; 2, Plaintiff waives any deficiency judgment rights against Kimberly A. Roberts alk/a Kimberly Anderson; .~. "I ~~ '~ . '.--, 'Coo "~",,_. ~_. 'jJ,,: . , ' ....:. . 3. Defendant retains the right to reinstate and/or payoff the mortgage in question at anytime prior to a Sheriffs Sale, if any, in accordance with the mortgage documents; 4. Defendant has no defense to this action and does not intend to interpose any answer herein and specifically waives the right to do so and any and all defenses which might otherwise have been contained therein. 5. Plaintiff and Defendant agree that any sums advanced by Plaintiff after the entry of this judgment in mortgage foreclosure shall become a part of the in..rem judgment lien. 6, This Consent Judgment represents the whole agreement of the parties who, intending to be legally bound, have executed it by and through the undersigned duly authorized counsel. Date: \'i~,\OO \ \ LISA D, BLANKE Attorney for Plaintif Date: k}/rtAv 4~~UmE Attorney for Defendant, Kimberly A. Roberts a/k!a Kimberly Anderson 2 .. i.Jll&U~""". ".,l"f) ,"J: .""",~~---'_"-'''''. ~,' """"',',-,.....""'.~.. , u ~i!Iiffi\~~"'lli. , -~, ~. .' "~ '.Hr,' ..J.~ . _ .' u - :;... . " C) a 0 C -ct "" '- ""Ofr :C:a :-;:1f11 mrn ;:r.: 2:1.') 2:1:;;: N '.,.,'nl ,,-,:,...., (f)<i'::", OJ ~6 ~,.,-c, ;<:0 '''0 :~~-H ?fa ::2: .'=;;:(') :>8 r- i.:srn 2: ;;[;! :< ~:- 5:1 -< '" ~"" - .,~~~" "."",,"~ '. .t,~ '."'. .' '11,:- ... 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 THE BANK OF NEW YORK AS TRUSTEE IN THE COURT OF COMMON PLEAS UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY OF CUMBERLAND COUNTY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates CIVIL ACTION - LAW P.C. One Old Country Road Suite 375 :ACTION OF MORTGAGE FORECLOSURE Carle Place, NY 11514 Term Plaintiff No. 00-05649 vs. JANET L. ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT (Mortgagor(s) and Record Owner (s) ) 13 W. pine Street Mt Holly Springs, PA 17065 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $ 52,298.20 Interest from 2/ 1/00 to 1/23/01 at 11.490% $ (Costs to be added) 8 '" Q) H ~. '" '<I' '" If) o I o o o Z rJJ ~ IliI ..:I PI Z ~ o t> Iio o E-< ll:: D o t> IliI :>: E-< Z H Ul <-<I~ CJl 0r:lfil ZfilH CJlHH~ ~H~fiI Or:lCJl ~O ~il<H'" o Z'" ~filfiI'" ~::<:rl :os: H fiI ' fiI fiI'" Z~~N fil0 li<r:l~~ OS0~ ~ Z~ ZfilH~ ~filUr:Q~ r:QHHfill Ul:>Ii<'" fiI~~ '" ~~filli<'" HHUlOrl Ol :> .'U ~ >:: fiI m ,,~~ "" H- ~~~Ol filHfiI- r:l~r:Q", fiI::<:O 'r:Q H IJ) -w ' CJl::<:~m_Q)Ol HH IJ)- Q) IJ) ~~~-WOl"'>:: fiI '-. 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ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan for Lester DeVanie prepared by Larry V. Neidlinger, Registered Surveyor, dated September 24, 1984, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 47, Page 26, which Plan is incorporated herein by reference, as follows: BEGINNING at a point on the southern line of West Pine Street at the dividing line between properties known as II and 13 West Pine Street, which point at the Place of Beginning is North 85 degrees 39 minutes West a distance of 41.48 feet from a point at the intersection at the southeriiright-of-way line of West Pine Stfeefwith the western right-of-way line of 30 feet wide Hollinger Avenue on said Subdivision Plan; thence from said point at the Place of Beginning along said dividing line between properties known as 11 and 13 West Pine Street, South 04 degrees 10 minutes 11 seconds West a distance of 102.56 feet to a point on line ofland now or formerly of Stoerzinger; thence along line of said land now or formerly of Stoerzinger, South 80 degrees 08 minutes West a distance of 46,52 feet to an existing iron pin; thence North 02 degrees 17 minutes 29 seconds East a distance of 114.05 feet to a point on the southern line of West Pine Street; thence along the southern line of West Pine Street, South 85 degrees 39 minutes East a distance of 48.87 feet to a point at the Place ofBEGlNNING. THE ABOVE-described tract of land is improved with a one-story brick dwelling known as and numbered 13 West Pine Street, Mt. Holly Springs, Pennsylvania, PARCEL #23-32-2336-321 BEING PREMISES: 13 W. Pine Street, Mt. Holly Springs, PA 17065 Jb,' - - -' ,~ "'...-. ,,~ [T. _ L l ,'".'...,.. ....'.' ~"!/iI" " ~- ."~K'~..~t' ~!iliiII '.,,,,WtiI1< 7.\J R ~~ '\l 1k ~ 8 () (;:; J-. '01 f' --t r-- 0" ~ ~ --t .......... "~'~'~~ . -. """, -' ....... Vv :-0 -t ~ .fQ. ~~ ;:3g 1 ::t) :rP-- ~ , C1 ~ ~'~- ~---- ~:nCr)\)';o() ~~~8~ ! 1 (') c s: t:1OJ rnr., 2::0 ZC (j),~~ --<.L <0 ~8 5>c: z =<! , , , , , , , ~ , ~ , ~ , .~ ^" r ,. " c:; o '-n c_ ;i~ Z " " ~~2t~ (jC) ;l~ =-H ~~~~ 0' ..---< ~ N U1 -u :3: r.- oo +- ," ',-- -n , , GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE IN THE COURT OF COMMON PLEAS UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY OF CUMBERLAND COUNTY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates CIVIL ACTION - LAW P.C. One Old Country Road Suite 375 :ACTION OF MORTGAGE FORECLOSURE Carle Place, NY 11514 Term Plaintiff No. 00-05649 vs. JANET L. ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT (Mortgagor(s) and Record Owner(s)) 13 W. Pine Street Mt Holly Springs, PA 17065 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A, 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: 13 W. Pine Street, Mt Holly Springs, PA 17065 1. Name and address of Owner(s) or Reputed Owner(s): DERK E. ROBERTS 13 W. pine Street Mt Holly Springs, PA 17065 KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT c/o Gregory L. Cutler, Esquire " ~"^.~ ,;,"" ~ 0 < r ~~~;; .'l"~>~ - ~ " , < -, ',- .", -"L~,",; ~, '. ~' A,'i~~",~",", ,~., .L' . l 50 East High Street Carlisle, 17013 17065 2. Name and address of Defendant(s) in the judgment: DERK E, ROBERTS 13 W. pine Street Mt Holly Springs, PA 17065 KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT c/o Gregory L. Cutler, Esquire 50 East High Street Carlisle, 17013 17065 JANET L. ROBERTS 236 N. Baltimore Pike, Apt, 2 Mt. Holly Springs, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: JAMES C. COSTOPOULOS 13 South Hanover Street Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE, BUREAU OF CHILD SUPPORT ENFORCEMENT Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105 DOMESTIC RELATIONS P.O. 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: "., , ,,", .- . ',~. "~ """""-it-, .. II 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. GOLDBECK M BY: Joseph A Attorney & McKEEVER Esq. DATED: January 23, 2001 ~ lU.lj'ifjfi~~~~ilfQill"",-,Iti'~'Wm!.liW~\!-,'~~""O~ " ."., ,,- , -,~ - ~- -,"~ - ~, <0', " - "-.~'ir1"'~~ ~. .. '~ " .. '~ () 0 0 C -n s: L... "'1:iCD Y~"!Ia =:.:.;:-13 m[TI ;.a:: Z_\J N .~ Zc;:: ~,;c,-, {.;,n ---,"---' U)~;> , ' -<~~ ;11] ~CJ ._~ ';?';o ::<: 4C> L.c' r:- orlj PC -, Z ~ =< .r.:- -< If;: JiI7 - ~-- '_". ,.",'~,o. ~~ ,:',,~"" ,_ ~r., ',"'~ ,- '" D ' , lll.J!L4::-, GOLDBECK McCAFFERTY & McKEEVER Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE IN THE COURT OF COMMON PLEAS UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY OF CUMBERLAND COUNTY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates CIVIL ACTION - LAW P.C. One Old Country Road Suite 375 :ACTION OF MORTGAGE FORECLOSURE Carle Place, NY 11514 Term Plaintiff No. 00-05649 vs. JANET L. ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT (Mortgagor(s) and Record Owner(s)) 13 W. pine Street Mt Holly Springs, PA 17065 Defendant(s) 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. ." ~ '<"~'""~1di.L~iiil.~~~O:ill~". ,>"~'.~~' "','"'" '~,I' .<'0"""""""''>,,'.'' V''.' ''"'~'" ",,' ,. " >' ~,,,,, .-~ ," ,~ ,"". ~ ~ i'"'1lll liP -- " -~'lY!ltn:lltilif- ~ .". 0 0 0 C .~n s:: '- r__! -om '''' 0~g mm ;;e Z:n zs; N ~z c.n Sc> !:<c -v ?==H ~o ::JJ; \J(, ;>3 r- ~rrl '----' ~ ';;;! J:" ::0 --< ~ ~ ~ ~~ ~ - " ~ -, ~ - . ," > '" ' -".._"""'."," ,..., ~t'"' , 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 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING IN THE COURT OF COMMON PLEAS AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A OF CUMBERLAND COUNTY c/o Rosicki Rosicki & Associates P,C. CIVIL ACTION - LAW One Old Country Road Suite 375 Carle Place, NY 11514 :ACTION OF MORTGAGE FORECLOSURE Plaintiff Term vs. No. 00-05649 JANET L. ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/K/A KIMBERLY A, BARRETT (Mortgagor(s) and Record Owner(s)) 13 W, Pine Street Mt Holly Springs, PA 17065 Defendant(s) 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: DERK E. ROBERTS 13 W. pine Street Mt Holly Springs, PA 17065 Your house at 13 W. Pine Street, Mt Holly Springs, PA 17065 is scheduled to be sold at Sheriff's Sale on June 6, 2001, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $52,298.20 obtained by THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: ;;r" .. . ~-- ,-,-... ,,-,,.. =.- , '" -~ ',[j . 1. The sale will be cancelled if you pay to THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale, (See notice below on how to obtain an attorney) . YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have 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 Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after 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. ~ - ~. , , "",0 ~ .." ,,\,,'d- , ~- . . 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 (800) 990-9108 Legal Services Inc. a Irvine Row, Carlisle, PA 17013 (717) 243-9400 11&' '\L-'~jj~L~~~ ~ "d~~~j;~&tlJ1"t\!~ ~~ >If.. ------ ,",. =. ~~, . "~~, ' -- ,_...... _____Ilt. .,=.- " 0 0 0 C -il ~ <.- .~.1 ""00:;1 :'[;:l;;1> -~.- ~rr; ;.~ -, , '1 ~::.-:: ~-- :'~~;C9 ..L' N ZC U1,!2: Ui $~ -'<,'""- ~C! -0 ~Q :JJ: :i>~ s::- Onl Z :g ~ U1 --< m ;- ,. "~~ .'. ~ . . ~ -" . .," -. ~^ .'+'" ';' _ L'~ Goldbeck, McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16134 Suite~ SOD ~ The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff The Bank of New York as T/Tee Under the Pooling and Servicing Agreement Dated as of February 29, 1996 Series 1996-A C/O Rosicki, Rosicki & Associates P.C., One Old Country Road, Ste. 375 Carle Place, NY 11514 Plaintiff Vs. Janet L. Roberts Derk E. Roberts Kimberly A. Roberts a/k/a Kimberly A. Barrett 13 W. Pine Street Mt. Holly Springs, PA 17065 Defendants IN THE COURT OF COMMON PLEAS OF CI.lIt'IU't.ll\-fIIO CDVNlr CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE TERM No. 00-05649 CERT,IFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (0) (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: f; Personal Service by the Sheriff's Office/competent adult (copy of return attached) . Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached) DUK e.O~fE15 t' (fANel ~Of:,UT5 Certified mail by Sheriff's Office Ordinary mail by Joseph A. Goldbeckv-Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached) . "lmf,t;R.LLf A-. eObfti5 Acknowledgement of Sheriff's Sale by Attorne~ for Defendan~(s) (proof of acknowledgement 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. Respectfu "" ;'~-o==--.~,-......I'~~~~-~ -":"-=-~-_..~.._-....--_.._.-.-".,""=~,:,~~ 'IF.E'J!i",,,,!~,e ~"-~~-"""~""';-~~""'.=dl..l:':r~-'-'-"""'~'~1 :-":1'- !J"I !'=I!' > :D en >: :J. (I) (I) ~l ~ ~ ~. ftl :> ~ (I) zf a c. ~ 3r CD CJ (I) il ~! I, R ..,,) !Tl t ~ I, .. ~ f ~ ' I - ." ~,_.-~ ,:! "'~ : O' & :3 ~ ."t,) ~ ,--~ en ',:,:~ tr ~ ~, 2: " : "{g m: ,.~ <.:;:.- 7160 3901 98~~ 5199 90ij9 ~ANET L. ROBERTS 236 N. Baltimore'pike; Apt. 2', Mt, Holly SpringB, PA 17065 CUMBERLAND SENDER: '5::"''- ~W)> . '" Z I 'm Q.~--i <"[Dr 0)' (J);::::t:::tJ '0 -, 0 :::::!.3 [XJ ::l 0 m cccn:o !!' --i "U:P.(J) )>~ . , s- Ol 15: ... "', ~: ". It!- 0)'* o<~ ~ :::;)> 0'0 "',.. 01", I GOLDBECK McCAFFERTY & McKEEVER. October 4, 2001 REFERENCE: o o 3 " .il, o ~ ~ . 3 ROBERTS.DERK E, / MS-0430 3/6/01 - PS Form 3800, June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail .~n.n nno. .._=____.........-.-.-.._~=..______'"_.._~~~. U~_ " C/l Cl' :3 '" ~ ~ JJ ,.. !> m ~ OJ " m 0 6' ill Ill-- '5:: ~ 0 .- -, ~ W m '" !l ".. :JJ 0. m "'"'-,. I ~^ 0. 0. Ol Q. " 0 b" m ~ -< :Po !'" m ~ m.. m :n, ::l :D 0. -'! "" en R '0 '" 0 ,~ !Ie ~ en C:J tii ..::;,'. :;' ~ m ~ ;;: cc CD :JJ ~.. !!' '" --i .. ~ en ~ G. ,,' ... )> w.', C?:: ~ !en .... 0 '" '" D O' 01 'if ~, m )> ~ '" o g o o 3 m ~ o " m C 3 OJ m g 'S Ol m 6 m ;J? " o r o '" m n '" ~ o n 'J> ,~ ~, 'm ~, ~, .;< .. ...: o '" m m < m '" o c: ~ '" m '" > Z " o o 3 ~ . f> ~ Q 7160 ~~1 ~4~ 5199 9063 TO~ERK E, ROBERTS 13 W, Pine Stree,t, Mt Holly Springs, PA 17065 Ol m z -cr m ;J? " 0 g: m n '" ;:- 0" O. J> ~ rii " ...j. ,;<. \~" ~ 0 c: " " m m '" < m m " " > 0 z 0 0 3 ~ . f> " m g -a I'> '."', ~., ____ ......._~_...________.____"__d~.._: ",i >i do,: Q.: m' z: ~, 3' 0": m' p (J) m < 6' m -<' ." m ~ --=-=.~, ---- =J.' .II .II E!l r;; CUMBERLAND SENDER: .....,.,b m" b_~ ~~-~,",' - p>< REFERENCE: GOLDBECK McCAFFERTY & McKEEVER- October 4, 2001 ~iii -<~ m. 9'~ g:~ or. " ~ o.~ !l!.. ~* ':<9. ... !!!it :~ O:iil '" i!~ m a 103 0'::;: . . .. 3 ROBERTS.DERK E. / MS-0430 3/6/01. PS Form 3800, June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service PO Receipt for Certified Mail - "~ 3 rJ\ r o --C g: -,_...~........ " " " I;. 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" "', it~ "- Q. 0':1.(1,0(;::1 Ot. ~ .... i:~3~~ . ...~fi "'''' Q, ro 8 3 if ~~-<';;ti , ..!Ii> ., " .. :" ::tr~ ~~. :: Q. \11'0 GJ 1b!Xl 1JI = ~ ~!~ 3 ~ 20 0 "y'Q.~!:t~? . :~ I'Q: "- Q.'? '< 0_110 l Q o~ 0. ~ ~c ,,, , -:3l!,::>~ seS O~:l 5'~ (jJ" !!.:iiJC1O !!J~ &"(lh;:J<o ~[;: i5.:~w~~ ll>sr.r~t>::;O ii' ;;:; '\ ~ -!!. o::L 3 - a.~5'-ii"" . ~Hd ~.. ~.3 ~~ ~ =~~ a .~~ ~~2 i8-g 3 fl>~(.,a o~ :::> 110. Of'" fT o.~"'.~'i" (I> " o 3 to> 0> .., .:-" ,. ~ g <nb ctll ~~ C1<::O: o. o is: n ~ll" = is: o.lS lHi m '" '" '" , })I j &- 0 o ).g ~ . <of '< ~ " . ~ . -~ ;;- ?' ~ III ~ .. o [ .. . " o ". ~ '" "" ou ~ " or ~ "- ~ ~ it 3 u '" .. <iI '" ;;;' '" c o "- ~ON/;*<t- 0--' -r- ~i, .",'0'{;o ~ , , The Bank of New York as T/Tee Under the Pooling and Servicing Agreement Dated as of February 29, 1996 Series 1996-A Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. Janet L. Roberts Derk E. Roberts Kimberly A. Roberts a/k/a Kimberly A. Barrett Defendants NO. 00-05649 AFFIDAVIT PURSUANT TO RULE 3129.1 ThA Bank of New York as T/Tee Under the Pooling and Servi~ing Agreement Dated as of February 29. 1996 Series 1996-A, Plaintiff in the above action, by its attorney, Joseph 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 13 W. Pine Street, Mt. Holly Springs. PA 17065. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Janet L. Roberts Derk E. Roberts Derk E. Roberts 236 N. Baltimore Pike. Apt. 2 Mt Holly Springs. PA 17065 13 W. pine Street Mt. Holly Springs. PA 17065 13 W. Pine Street Mt. Holly Springs. PA 17065 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) James C. Costopou1os 13 S. Hanover Street Carlisle. PA 17013 ~~"^ . '",,"~~. ~" = , - , ~ 1M , . 4: Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) The Bank of NY c/o The Money Store 4111 South Darlington, Ste. 800 Tulsa. OK 74135 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) !!IQne 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Cumberland county Dept. of Domestic Relations P.O. Box 320 Carlisle, PA 17013 Pa Dept. of Public Welfare Bureau of Child Support Enforcement Health and Welfare Bldg. Room 432 P.O. Box 2675 Harrisburg. PA 17105 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) !!IQne I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. #4904 relating to unsworn falsification to authorities. October 4, 2001 t~,' _.J.. -~iWilr~JNll ';;"'<k1t~~'!lt.b~~,,~,~"'J!~"'''i~ "-', ~''';1~ "~"~'",rlliioli JU'.';"'- _ ltlli [" .l!!IlIIIHIm~'" t o c tf c:e,. ,,~ - z':' .1::.. t.J 2 :< ~'? - --- ,. i t I I I , a i\) A"'"l . -- ~, '- -,.0<" 0'.". "',,;!"'"",~;,.,.i' ,~,..:., _ .'~_ "; .... I' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 The Bank of New York as T/Tee Under the Pooling and Servicing Agreement Dated as of February 29, 1996 Series 1996-A Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 00-05649 Vs. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Janet L. Roberts Derk E. Roberts Kimberly A. Roberts a/k/a Kimberly A. Barrett Defendants TO THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: / Amount Due Interest from 1/23/01 to sale date at $8.60 per diem Total $52,298,20 $ $ and Costs '---." . Goldbeck, Jr. -The Bourse Bldg. S. ndependence Mall East Philadelphia, PA 19106 Attorney for Plaintiff Note: Please attach description of property. ~. ~ '~j" , ' """'~mQl1liiID1ilia<$;l~~ilP.lllot1<~1ir!1l!.!~bllili'~ ; . 0\ .... 10 III o I o o 1!&o0< OH ~g ...:1:>- lit 00 :z;~ i~ o - u:>- ~~ o E-IU ~~ 1%11>: i91%1 ~~ . ~ -c I 10 0\ 0\ 'tl<-l = III III aJ ~ tlll-l = aJ ." tIl ..-I 010 00\ lit 0\ aJ<-l .rl _ .w0\ 1-1"1 ~ ~ g III aJ e aJ~ E-I,", ...... E-I..... III 0 III III ~ III I-I'tl :2:l ~2l :z;.... ..... = o aJ ~ m ~ ~ IQ~ II ~ E-I ." tJ 0" ~ aJ tIl III :> III ...... ~ .......w III IIl.w III aJ .w.w III 1-1 1-1 I-I.w 1-1 aJ GI '"' III .Q.QaJlQ o 0 .Q I>: I>: 0 . . I>: 0< ..:I ~ . >. .w~0<..-I aJ 1-1 >- ~ =aJ..-I.Q III l:I '"' Iii I'J aJ." 1j:': ." :.: ~ ~~ 1%1 1-1 M ::I 1%1 III o I!&o..-l o tJ aJ E-I 1-1 H 0 ~I!&o aJ I>: tll o III I!&o tll .w 1%1 1-1 lit 0 H:IS U~ ~ lit - ~ .' _,,'.,'.10"" N . .will III 10 ,0:0 I' -..-I GI ~o< ." lit lit - aJ III 1-1 tll Q = .. 0'" ." 1-1 .w Po ..-100 III IQ >- ..-I ...-1 :z; 0 lEI .. 'd Q) .--I -0-1 ~ .w .0: Ul Ul Q) H 'd ~ - .'~ - .w III Q) tll Q) = 1-1'" .w 1-1 00 Po 00 Q) = >- ." ..-I 1It..-l o . lEI ~ M.w ..-I:IS lIi/w' ~ r III 10 o I' ..-I 0< lit . 0' III 1%1 - 1-1 Q) ..-I .w M ::I.w..-l UQ)O Q)r- '1-1..-1 ...:I.w :>-. tIl 0< I-I'.rlllt o tll - tll." Q) Q)lEI..-I 1-1 III o ..rt 1%1..-1 o 1-1 ......0 III UIllU " ~-, '-'It 1: I' I' I I: 'd Q) ~ Q) Ul Q) ..Q :>, ro S Ul H Q) g. p, Q) H Q) ~ U<; .....""'~ "'~Jll () l[1Q ........ ...... " -0 ~ ~~tlil;u~m~,," '"""';~l!I'''"''-;'''''''''''-ffi'>ilI~~~~ ^",~-'--. c" -,~;-".,' - ":1&..8'- '~ <'"' '""-,' I; Ii Ii \ I I I ""., ,+ . .. . ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan for Lester DeVanie prepared by Larry V, Neidlinger, Registered Surveyor, dated September 24, 1984, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 47, Page 26, which Plan is incorporated herein by reference, as follows: BEGINNING at a point on the southern line of West Pine Street at the dividing line between properties lmown as II and 13 West Pine Street, which point at the Place of Beginning is North 85 degrees 39 minutes West a distance of 41.48 feet from a point at the intersection at the southern right-of-way line of West Pine Street with the western right-of-way line of 30 feet wide Hollinger Avenue on said Subdivision Plan; thence from said point at the Place of Beginning along said dividing line between properties known as 11 and 13 West Pine Street, South 04 degrees 10 minutes 11 seconds West a distance of 102,56 feet to a point on line of land now or formerly of Stoerzinger; thence along line of said land now or formerly of Stoerzinger, South 80 degrees 08 minutes West a distance of 46.52 feet to an existing iron pin; thence North 02 degrees 17 minutes 29 seconds East a distance of 114.05 feet to a point on the southern line of West Pine Street; thence along the southern line of West Pine Street, South 85 degrees 39 minutes East a distance of 48,87 feet to a point at the Place of BEGINNING. THE ABOVE-described tract of land is improved with a one-story brick dwelling known as and numbered 13 West Pine Stre, ~, Mt. Holly Springs, Pennsylvania, PARCEL #23-32-2336-321 BEING PREMISES: 13 W, Pine Street, Mt. Holly Springs, PA 17065 ....... ~ --0 "- ll' .(Q., ...... , ~ ~ ~~ o ....) .l:: ' ..t. ~ -..J r ~ ..... ..... f'--o g~ i ~~ ..,l ~ ~8 ~ ~ r ~ ',~ (") C "Os: mtD, f" Z--i-, :Zr (J) "t-", -<-~ ~o )> zO ~O ""'c 2: ::< o D " ...... N 1'0 2] ':2~ , " E~2-;: 01'11 '--1 35 -< .. ~ ~ ;'DB ::JJ: - - - ~ r" ~" ",' " ' '\. ii.---", " . The Bank of New York as T/Tee Under the Pooling and Servicing Agreement Dated as of February 29, 1996 Series 1996-A Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. Janet L. Roberts Derk E. Roberts Kimberly A. Roberts a/k/a Kimberly A. Barrett Defendants NO. 00-05649 AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York as T/Tee Under the Pooling and Servicing AQreement Dated as of February 29, 1996 Series 1996-A, Plaintiff in the above action, by its attorney, Joseph 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 13 w. pine Street, Mt. Holly Springs, PA 17065. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Janet L. Roberts 236 N. Baltimore Pike. Apt. 2 Mt Holly Springs. PA 17065 Derk E. Roberts 13 W. Pine Street Mt. Holly springs. PA 17065 Derk E. Roberts 13 W. Pine Street Mt. Holly Springs, PA 17065 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) James C. Costopoulos 13 S. Hanover Street Carlisle, PA 17013 "~' ,.- . C'o hw'''''_ ~. L il\ '. 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) The Bank of NY c/o The Money Store 4111 South Darlington. Ste. SOD Tulsa. OK 74135 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) Ncne 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Cumberland County Dept. of Domestic Relations P.O. Box 320 Carlisle. PA 17013 Pa Dp~t. of Public Welfare Bure"''' of Child S~port Enforcement Health and Welfare Bldg. Room 432 P.O. Box 2675 Harrisburg. PA 17105 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Ncne I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. #4904 relating to unsworn falsification to autho:d ties, October 4, 2001 dbeck, Jr. Plaintiff ~_ii:'~~&d1_IfJt.!lll~t!I,p~~w~,jj~-".".;._,...iill:~" .. . lL" - JIlW W r ]'jj"'~"-~ ~ a ,-, .., -n 0 "Urn c, mfn --< 2:0 r z. N C'.., ~}~ r'V \~) L ;s:0 > .J-3'C\ =~ -~l~ 20 ~:~ff1 >c -- .. '----' ~ s;! (.0 ;:0 -< .) llIKif'! ":1 'I II I, Ij , ~ . . " u GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr, Attorney I.D, #16132 Suite SOO-The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 (/.15) h/.7-]3/./. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS The Bank of New York as T/Tee Under the Pooling and Servicing Agreement Dated as of February 29, 1996 Series 1996-A Vs. CUMBERLAND COUNTY CIVIL DIVISION NO. 00-05649 Janet L. Roberts Derk E. Roberts Kimberly A. Roberts a/k/a Kimberly A. Barrett CERTIFTCATTON JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby states that he is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA Mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. ~"" ~ ..'~'"'"---,~ -,~ "9\;~iitt;},f".-.N'n~ ,'7"'ll""'~"'-'~~~iMiil?lil<~lliI!liIl~r"""" ,~, ~,'~ ._,,~~ '"' ~,>. " " .......'l!l''llw " ~ .~lJ:Mll!I~""""'~ I I I I 0 Co 0 C " 's:- O -5 utG C') mrT; -f :.:; -r; z:n -!"-- ZC' N ~;-n (j)",".. 1'-' ~~';~y1 -<z .--"1 e) !:C;O ~> i~-'l ~c :J: g~ 5>8 z ~ -, :0 -< {.v -< t<-i '---;r'.' ' :' _I. ~ " " !I' Jli~ 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 (21'1) fi/.7-B22 ATTORNEY FOR PLAINTIFF ~, 0 The<Bank of New York asT/Tee Under the Pooling and Servicing Agreement Dated as of February 29, 1996 Series 1996-A Plaintiff CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION Vs. Janet L. Roberts Derk E. Roberts Kimberly A. Roberts a/k/a Kimberly A. Barrett Defendants NO.00-05649 NOTICE OF BHF.RIFF I B BAToF. OF REAT, F.BTATE TO: Janet L. Roberts 236 N. Baltimore Pike, Apt. 2 Mt Holly Springs, PA 17065 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 13 W. pine Street, Mt. Holly Springs. PA 17065, is scheduled to be sold at the Sheriff's Sale on March 6, 2002 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 200 Floor, Carlisle, PA 17013 to enforce the court judgment of S52.298.20 obtained by The Bank of New York as T/Te~ Under the Pooling and Servicing ~reement Dated as of Februa~ 29. 1996 SerieS 1996-A (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (215) 627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was imprope~lyentered. You may also ask the Court to postpone the sale fo~ good cause. ' 3. You may also be able to stop the sale through other legal proceedings. """~~ , , _'l J .-, < '~ ,",',-- ", '~ 'Jh~ ~.... 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 on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's to the highest bidder, (21')) 1;/.7-] 3??. Sale is not stopped, your property will be sold You may find out the price bid by calling 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 full amount due in the sale. may call the Sheriff's office only if the buyer pays the Sheriff the To find out if this has happened, you at (717) 240-6390 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At this time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within 30 days of the 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 posting of the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 ""'=~'O~~_"""'~~i!O~~@j,iJ.jjM~Ji!.~"'__!&~~l!~~''''''''''''''''''''''''~U_~!lll1 ,.....1tiIII( ,""" ,~ ~ ,-~,' - '-,' . ",- .~~,' ^ -., "'~~l ',-" - Millil. ~, ~...... ~--'_Ilii/&j;~J.- (") co c 0 ~ .~'t -OS;, a CD tprTI (J ',:,1.; :Ti "'-~'. --I :z:C' N W...> !'-.> , "I ~::':~ 0 ,;, I ~C:j ".... ~'.:!~,~) ~() :r idi~ j.;;() - 2' - =< :;;; W ::0 -< ... I ~ ~f '-'j 'il " ~" %, ~--.-J <~ I, .J.>' ," "<'" '--"" ,,,, " g~- .' ,~ , . 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 (21<;) fi?7-] 1?? ATTORNEY FOR PLAINTIFF The Bank of New York as T/Tee Under the Pooling and Servicing Agreement Dated as of February 29, 1996 Series 1996-A Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION Vs. Janet L. Roberts Derk E. Roberts Kimberly A. Roberts a/k/a Kimberly A. Barrett Defendants NO.00-05649 NO'T'ICI<: OF SHI<:RTFF 1 S SAr.1<: OF REAL ESTA'T'I<: TO: Derk E. Roberts 13 W. Pine Street Mt. Holly Springs, PA 17065 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 13 W. Pine Street. Mt. Holly Springs, PA 17065. is scheduled to be sold at the Sheriff's Sale on March 6. 2002 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013 to enforce the court judgment of $52.298.20 obtained by The Bank of New York as T/Tee Under the Pooling and Servicing Agreement Dated as of February 29. 1996 Series 1996-A (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (215) 627-1322 2, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. " "." -,.- ~)J.;- 1 . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's to the highest bidder. (/.15) 6/.7-13/./. Sale is not stopped, your property will be sold You may find out the price bid by calling 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 full amount due in the sale. may call the Sheriff's office only if the buyer pays the Sheriff the To find out if this has happened, you at (717) /.40-6390 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At this time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within 30 days of the 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 posting of the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 .'iIIli'hi/&<ilU;' "--~ili.'!ill1-_;,'-"j@~!lS~~;;''&~'li~'h~~~~*,,1b. ~.. ".,,,-- .'"'' '" ',~- ~. ~ ~ ~ " ." ,. _i,_~ 1 1'~8 ^~ ~",,"..'~.k;j ~ ~ > -.d'- ."," ~iiI^ '~ '1 I , , \ 0 0 0 C ;;;;: -n 0 ;:gar ('") .fT' -< :1 "":;110'"__. L-_'-.. ,- Z" N .~,-; 1 "J ill '1:::- "'-' -';.:'r" -<~ ,~:~~~ !<CJ ;t,. ~O ~ ,;:'5~ )>0 6h c z -~ =< :> (,;, ~ " ~,," 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) 6?7-B?? I: " . ~, ATTORNEY FOR PLAINTIFF The Bank of New York as T/Tee Under the Pooling and Servicing Agreement Dated as of February 29, 1996 Series 1996-A Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION Vs. Janet L. Roberts Derk E. Roberts Kimberly A. Roberts a/k/a Kimberly A. Barrett Defendants NO.00-05649 NOTTeF. OF' SHERIFF 'S SIIT,F. OF' REAL F.STIITF. TO: Kimberly A. Roberts a/k/a Kimberly A. Barrett C/O Gregory L. Cutler, Esq. 50 E. High Street Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 13 W. Pine Street. Mt. Holly Springs. PA 17065. is scheduled to be sold at the Sheriff's Sale on March 6, 2002 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 200 Floor, Carlisle, PA 17013 to enforce the court judgment of S52,298.20 obtained by The Bank of New York as T(Tee Under the Pooling and Servicing Agreement Dated as of February 29. 1996 Series 1996-A (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (215) 627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to,stop the sale through other legal proceedings. .:~~,!'.'~ \ '-k" " - J!Il!IIlJIiIiII,"--J~ '''', ~.~; '" You may need an attorney to assert your rights. The sooner contact one, the more chance you will have of stopping the sale. notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. you (See 1. If the Sheriff's to the highest bidder. (215) 67.7-117.7.. Sale is not stopped, your property will be sold You may find out the price bid by calling 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 full amount due in the sale. may call the Sheriff's office only if the buyer pays the Sheriff the To find out if this has happened, you at (717) 240-6190 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At this time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house, A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within 30 days of the 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 posting of the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 ~~ - _:~", ,~'= "'~ "H ~>~~"' "~~h;~M&YiHl!~J<';!;;/j,jj~Si_c,'n"""";""!l:'1 ~~dIii .~.,' ,':.'"t"""",, ~, e,,", _ ~ ~,~'.' """,>,,,",e'_ . ,'.~n"" ., """", """'~,,".'<<, c,,,".,,"..'. '" ,,~V' ~,"""",",~.',--" ~~"" -",,' -,-,~ ~ ,>< '" "TI I , :i I I I II 0 0 r' C '.:~ ;;:::: a -um n mm --I '.Tf Z:r, z,' N ;2 CJ:j;!! r'V -<: ..c.: ~') ~c:.::- ;n. " )> 3:: ;:io; :.:~'! ZO i~~M )>0 c ~-< ~ "" (,:.> :Ii -< Y,' " ~,,~~ ,~"~.L , ~ 'u - i." ,<" 11"- IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA IN RE: DERK E, ROBERTS DERK ROBERTS { { { THE BANK OF NEW YORK AS TRUSTEE { UNDER m1rP'oOLING & SERVICING { AGREEMENT DATED AS OF FEBRUARY { 29, 1996 SERIES 1996-A { { { { { { { Debtor(s) CHAPTER 7 ----' Fil r:n Haff!80urg, PA I [:;'9:"f"J ~ 1 g~~~~:~362i~~t! I Pe, ":_ ~;"":c>tJ' Gi<ffkj ORDER AND NOW, this 19ji day oJl..f 1:; .t~. 2001 in Harrisburg" upon failure of Debtor(s) and the Trustee to file and Answer or otherwise plead, it is ORDERED AND Moving Party vs, Debtor( s) and LEON P. HALLER Trustee DECRED that: The Automatic Stay of all proceedings, as provided under Section 362, of the Bankruptcy Reform Act of 1978 (The Code) 11 U.S.C. section 362, is modified to allow THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING &SERVICING AGREEMENT DATED AS OF FEBRUARY 29, 1996, and its successor in title to proceed with the execution process through, among other remedies but not limited to Sheriff's Sale regrding the premises 13 W. PINE STREET,MT HOLLY SPRINGS, P A 17065 and a possessory action if necessary. BY THE COURT: /fIlWbeff' J.~0l1<!~~_ ROBERT 1. WOODSIDE Chief Bankruptcy Judge "- IiiIIli -- , ' .'.~ ' ~~-~\;;;' , STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ______________________________________________________________________________Recorderof Deeds in and for said County and Slate do 'hereby certify that the Sherifrs Deed in which h______________ Bank of New York Tr -----------------------------------------------------_______________________________ u thegr.antee 6th the same having been sold to said grantee on the _____h_____________________________________n_ day of March 02 ______________________________n_n_h__ A. D., ; _____, under and by virtue of a wriL____n__n___ 22nd Execution . _________________n_____________________________lSSued on the ________________________________n___ October 01 day of -_________________________ A. D,. _____, out of the Court of Cornman Pleas of said Countyas of Civil 2000 ______________________________..,________n _____ __ ____ ________ ____ ________ __ __ _____ Term, : 5649 Bank of New York Tr under the pooling & serv agree Number ______________, at the suit of --ea-t-ee--ail--e-I'-F-ed--:!!I;-149li.,--&....4..a.s._J..\l.9.6.=...._______________ , Janet L RobertB Derk E RobertB Ki berly A Roberts ------------------------------alKa-~'a~~'ry-A"1SarrelrE-------------------------------------- ~ duly recorded in Sherifrs Deed Book No. __:~L_____, Page ____~:~~___.. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office thu __?.~___ day d;(.1P~ of Deeds r-a1 E..~t:......&_=& ~, ~N "~~-~ ~ .~. ' i;.I]lll!J:lI!ci>-c , The Bank of New York as Trustee Under The Pooling and Servicing Agreement Dated as of February 29,1996, Series 1996- A VS Janet L. Roberts, Derk E. Roberts, and Kimberly A Roberts a/k!a Kimbery A Barrett In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-5649 Civil Term Shannon Sunday, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2001 at 8:52 o'clock a.m., EST, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Janet L. Roberts, by making known nnto Janet Roberts personally, at 236 North Baltimore Street, Apt. #2, Mt. Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Shannon Sunday, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2001 at 8:52 o'clock a,m., EST, she served a true copy of the -Within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Kimberly A. Roberts aJkla Kimberly A. Barrett, by inaking known nnto Janet Roberts, mother of defendant, at 236 North Baltimore Street, Apt. #2, Mt. Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same, Shannon Snnday, Deputy Sheriff, who being duly sworn according to law, states that on November 16,2001 at 8:54 o'clock a.m., EST, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Derk E, Roberts, by making known unto Derk Roberts personally, at 13 West Pine Street, Mt. Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 03,2002 at 11:11 o'clock AM" E,S,T" he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Janet L. Roberts, Derk E. Roberts, and Kimberly A. Roberts a/k!a Kimberly A Barrett located at 13 West Pine Street, Mt. Holly Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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: Janet L. Roberts, by regular mail to her last known address of236 North Baltimore St., Apt. #2, Mt. Holly Springs, P A 17065. This letter was mailed nnder the date ofJanuary 18, 2002 and neverreturned to the Sheriffs Office, R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency ofthe action to one of the within named ."~- '_J ""-- '"~. -'l!W'~ defendants to wit: Kimberly A, Roberts a!kIa Kimberly A. Barrett, by regular mail to her last known address of 236 North Baltimore St., Apt. #2, Mt. Holly Springs, P A 17065. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriff's Office, R, Thomas Kline, Sheriff, who being duly sworn according to law says 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: Derk E. Roberts, by regular mail to his last known address of 13 West Pine Street, Mt. Holly Springs, P A 17065. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 6, 2002 at 10:00 AM, EST. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck for The Bank of New York as trustee under the pooling and servicing agreement dated as of February 26, 1996 series 1996-A c/o Rosicki Rosicki and Associates, P.C.. It being the highest bid and best price received for the same, The Bank of New York as trustee under the pooling and servicing agreement dated as of February 26,1996 series 1 996-A c/o Rosicki Rosicki and Associates, P.C of HomeEqlFirst Union, 1100 Corporate Center Drive, Raleigh, NC 27607, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $957.43, it being costs. Sheriff's Costs: Docketing Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Prothonotary Mileage Certified Mail Levy Surcharge Postpone Sale Law Journal $30,00 18.77 15.00 15.00 30.00 10.00 1.00 13.65 2.36 15.00 40.00 363.05 ~.~ jO'.-v ~ 1.1)11 .31, 3;1..1-> c.k. ~ -",' -- .-= ~.- - Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed ~ 327.90 24.20 25,00 27.00 $957.93 Sworn and subscribed to before me _ ~m;, so~: ~/~. - -~~ ~ This ..:13 day of ~ ~ ~ 0 -, R. Th@las Kline, Sheriff 2002, A.D, ,. hAd/,oU ,~. r thonotary J \' ~, BY"",- ()~. ' Real Estate eputy ", " ,'~liiIIltollJ"~_W.' .~ "" h n~"~ ~. '''~_~i.:1 WRIT OF EXECUTION,~nd/or ATTAC-HMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-5649 CIVIL $: TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due The Bank of New York as T/Tee Under the Poolinq and Servicing Agreement Dated as of Februm:y 29, 1996 Series 1996-A PLAINTIFF(S) from Janet L. Roberts, 236 N. Baltimore Pike, Apt. 2, Mt. Holly Springs, PA 17065, Derk E. Roberts, 13 W. Pine St., Mt. Holly Springs, PA 17065 and Kimberly A. Roberts a/k/a Kimberly A. Ba=ett C/O Grp..gmy TOo r.l1tlAr. ""<1' 'i0" High!':t- , r.rlrli"lp, PII 170n DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell SA" r "'9',,1 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/are 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, AmOum,Due $52,298.20 from 1/23/01 to sale date at $8.60 Interest pEr diem Atty's Comm % L.L. Due Prothy Other Costs $1.00 Atty Paid Plaintiff Paid $910.44 Date: Ort-{)hPr ?? ?001 11,rt-i c:: R T,f'\n'J Prothonotary, Civil Division 'I>y' 4,,">L 2. 71;JM~~ Deputy REQUESTING PARTY: Name Address: Joseph A. Goldbeck, Jr" Esq. Sulte 500-The Bourse Bldg. 111 g. Independence ~lull Enot Philadelphia, PA 19106 Attorney for: Plaintiff Telephone: Supreme Court ID No, 215-627-1322 16132 ~i!!~m~iJd~'~~;it.ii"~'UaA"K\,i.".:"",,~~t;;li""1fiiW~i4~M~m~m~~~~\~&i~~,~IN!IiUIil ~'oli.<I; I, .~ ~_. il~He.':-i'-'J_:;'~tl~'. "1IiiiIh: . REAL EST A TESAlE No~ 2 On October 25,2001, the sherifflevied upon the defendant's interest in the real property situated in Borough of Mount Holly Springs, Cumberland County, P A, known and numbered as 13 West Pine Street, Mt. Holly Springs, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 25,2001 By: q(},~ -S_ 5~ Real Estate Deputy (II) <<;i=iJ r:vv 1:::, J ~ G;;;ij ,,'" \ ,-'\.' \," \;\~'\.'F, \ \,,'" ,"r ,ll~_ ,~ \\0 G \121JO \ \ ~ :. Hhl ~:l\\n!l' " \~~ q:j :"",;\0 -, - ~ ,,:'~ " , "~ ~ ~ , - - ..i_'.,'" ~ o"~. '~'i, ~ t 'rhe Bank of New York as T/TeJ Und~r the Pooling and Servicing Agreement Dated as of February 29, 1996 Series 1996-A Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. Janet L. Roberts Derk E. Roberts Kimberly A. Roberts a/k/a Kimberly A. Barrett Defendants NO. 00-05649 AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York as T/Tee Under the Pooling and Servicing ~reement Dated as of February 29. 1996 Series 1996-A, Plaintiff in the above action, by its attorney, Joseph 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 13 W. Pine Street. Mt. Holly Springs, PA 17065. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Janet L. Roberts Derk E. Roberts Derk E. Roberts 236 N. Baltimore Pike, ~t. 2 Mt Holly Springs. PA 17065 13 W. pine Street Mt. Holly Springs. PA 17065 13 W. Pine Street Mt. Holly Springs. PA 17065 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) James C. CostOpoulos 13 S. Hanover Street Carlisle. PA 17013 ~. ~- '" - - ~,' .. ,j'-'::"~'",,;''w''-.''j .. ,/ , 4, Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) The Bank of NY c/o The Money Store 4111 South Darlington. Ste. 800 Tulsa. OK 74135 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Cumberland County Dept. of Domestic Relations P.O. Box 320 Carlisle, PA 17013 Pa Dept. of Public Welfare Bureau of Child Support Enforcement Health and Welfare Bldg. Room 432 P.O. Box 2675 Harrisburg. PA 17105 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) None I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S, #4904 relating to unsworn falsification to authorities. October 4, 2001 ~tiM'i -1~;.aw.l~~~~~jS= ~ ,~,__,,_.,,~ c ~" 1 . ,I . L !: In ill,-! C"'u" C '.:,~' 0 Ail-;!- , ~diH I': .- ~ """~c m , "IiIiriIia-""~ ',: '~d bZ 130 J,""i,-!:'::' J ~!;.:i:l (I = ."~ '=;~ HI~M.. ~ ..O^ ~ ~, '1 '" I . d~ -~ 0'''' ~ -....m-; GOLDEECK,.MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney 1.0. #16132 Suite 500-The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-n::!::! ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS The Bank of New York as T/Tee Under the Pooling and Servicing Agreement Dated as of February 29, 1996 Series 1996-A Vs. CUMBERLAND COUNTY CIVIL DIVISION NO. 00-05649 Janet.L. Roberts Derk E. Roberts Kimberly A. Roberts a/k/a Kimberly A. Barrett CERTIFICATION JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby states that he is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA Mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. ,: ) . , 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 (21<;) 627-n?? ATTORNEY FOR PLAINTIFF The Bank of New York as T/Tee Under the Pooling and Servicing Agreement Dated as of February 29, 1996 Series 1996-A Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. Janet L. Roberts Derk E. Roberts Kimberly A. Roberts a/k/a Kimberly A. Barrett Defendants NO.00-05649 NOTICE OF SHERIFF 'S SAT,R OF RRAT, RSTATE TO: Janet L. Roberts 236 N. Baltimore Pike, Apt. 2 Mt Holly Springs, PA 17065 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 13 W. Pine Street. Mt. Holly Springs. PA 17065. is scheduled to be sold at the Sheriff's Sale on March 6. 2002 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 200 Floor, Carlisle, PA 17013 to enforce the court judgment of $52.298.20 obtained by The Bank of New York as T/Tee Under the Pooling and Servicing Agreement Dated as of February 29. 1996 Series 1996-A (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (215) 627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. . , . ~ ' - " " , . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's to the highest bidder. (21<;) 6?7-U::!? Sale is not stopped, your property will be sold You may find out the price bid by calling 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 full amount due in the sale. may call the Sheriff's office only if the buyer pays the Sheriff the To find out if this has happened, you at (717) 240-6390 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At this time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within 30 days of the 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 posting of the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 j*lllbil1i~- IiIilJJll > .~"-'-"-'- ~~ -" ~-"itik;!li~~Mlil!ili~!llii,I'Ji{!Ml~.*llllll.fi~~'''''''~ -- lIiIilliil_ ".'!' 'f' ~ i ' S~D b ^.i.Ni\:~ . ~jlli3H'.: ., r i' Iii .1 !' !: I: , ~' ~~ i ( -:i]d \;21JO !i'~,n:..i j:i\:LiO ..'- ~ .c_ ., -~- - ,',-r,;,;;.., 4". ~" 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 (?15) 6?7-132? ATTORNEY FOR PLAINTIFF The Bank of New York as T/Tee Under the Pooling and Servicing Agreement Dated as of February 29, 1996 Series 1996-A Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. Janet L. Roberts Derk E. Roberts Kimberly A. Roberts a/k/a Kimberly A. Barrett Defendants NO.00-05649 NOTICE OF SHERIFF I S SAT,E OF REAL ESTATE TO: Derk E. Roberts 13 W. Pine Street Mt. Holly Springs, PA 17065 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 13 W. Pine Street. Mt. Holly Springs. PA 17065, is scheduled to be sold at the Sheriff's Sale on March 6. 2002 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 200 Floor, Carlisle, PA 17013 to enforce the court judgment of $52.298.20 obtained by The Bank of New York as T/Tee Under the Pooling and Servicing Agreement Dated as of February 29. 1996 Series 1996-A (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (215) 627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. I~~ ~7 , .~ ,-~. ~ , - '0' "";-. '_-~'" -<2_'~,'~. .'. '. . 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 on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's to the highest bidder. (2]<;) 6/.7-1322. Sale is not stopped, your property will be sold You may find out the price bid by calling 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 full amount due in the sale. may call the Sheriff's office only if the buyer pays the Sheriff the To find out if this has happened, you at (717) ?40-6390 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5. You have the right to remain in the property until the full amount due is paid to the sheriff and the Sheriff gives a deed to the buyer. At this time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within 30 days of the 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 posting of the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUmberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 ~ ~ ,- ,"',--; .-, .'.f ~. t ~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 The Bank of New York as T/Tee Under the Pooling and Servicing Agreement Dated as of February 29, 1996 Series 1996-A Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. Janet L. Roberts Derk E. Roberts Kimberly A. Roberts a/k/a Kimberly A. Barrett Defendants NO.00-05649 NOTICE OF SHERIFF'S SAT,E OF REAL ESTATE TO: Kimberly A. Roberts a/k/a Kimberly A. Barrett C/O Gregory L. Cutler, Esq. 50 E. High Street Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 13 W. pine Street. Mt. Holly Springs. PA 17065. is scheduled to be sold at the Sheriff's Sale on March 6. 2002 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 200 Floor, Carlisle, PA 17013 to enforce the court judgment of S52.298.20 obtained by The Bank of New York as T/Tee Under the Pooling and Servicing Agreement Dated as of February 2Q. 1996 Series 1996-A (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The s~le will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (215) 627-1322 2. You m~y be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You m~y also be able to stop the sale through other legal proceedings. =""""" 0'- !t~! ~ You may need an attorney to'assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's to the highest bidder. (?1'i) 6?7-13?2 Sale is not stopped, your property will be sold You may find out the price bid by calling 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 full amount due in the sale. may call the Sheriff's office only if the buyer pays the Sheriff the To find out if this has happened, you at (717) /.40-6390 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At this time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within 30 days of the 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 posting of the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. a Irvine Row Carlisle, PA 17103 (717) 243-9400 ~lO:TII'Tj~~,-~ "l~~iHlliiiI-~JIif~$.'~~~I_~~~I.IIilliIjf"'''''-~-=~''~.'iU[i& 11lI!iillJl'iiitliII~.LI/l;ii:::"'::' i~ " e "" :> '1 f r1. I'" S,D C: 1,.: ,tH". ",!fUJIi., 'LiJ cl 1:2 130 : j .~J 2;:JYJ ""..-",,,,-~ ,\rl,. ~ liIIIiiiSBUii! ~ ,. =-':1 t ~ :- ~~- -~"~ ~~ .~ ~'"" - "-- .,-. ''=0._. "~'u i-iJt' "... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Ass!. 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 Sundav 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 exactiy as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) January and the 5th and 12th day(s) of February 2002. 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 D uphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #2 om 0 an su Nolarlal Seal Tony L Ru..~I, NOIaI\I P Homsburg, Douphln County My Commission Expires Juno 6. NARY PUBLIC Member, Pennsylvania Association DI Notaries My commission expires June 6, 2002 CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY OOURTHOUSE 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 $ 326.40 1.50 327.90 Publisher's Rece'ipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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. By.................................................................... ....,--.."',.""------'- REALE:STATE SALE No. 2 Writ No. 2000-5649 Civil Term The Sank of Nm-vYork as TJTee Under the Pooling and Servlclng Agreement Dated as of February 29, 1996 Serl..1996-A .. Janel L Roberts Dark E. Roberts KlmberN A. Roberta alkIaI KIrn'Mly A. Barrett . Ally: "".aph Goldbeok . DESCRIPTION . .. ALL THAT CERfAL'f tract of land \vith the improvements ~-ereon erected situate in the borough ',of Moun~ Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with SubdiVision Plan for Les12r 'De-Vanie prepared by Larry V, Neidlinger, ""Rfgiste~ Surveyor, dated September 24, 1984, , a copy of which is recorded in the hereinafter :..mimed Recorder's Office in Plan I;3ook47, Page i::::%, ..",hlch pian is incorporated herein by I reference, as follows: , BEGINNING~at ~ point on the southern line of W~'~t' Pine' SUier 'at the dividing line between ',.P.tP~rties'known as 11 and L3 Wes~Plne Street,', I-:''-,wpicb,point at the Place Qf~eginning is North 85 ! ,deg~~ ,39 minutes West a distance of 41.48 feet : ffiiiif a -point at the tntersectio,n at the ~outhem rigfif~cif:way liI).~ 'of West Pine Street with the "''eStern right-of-way line of 30 feet wide Hollinger Avenue on said Subdivision Plan; ,thence from said, point at the Place of B~gillJllng along said dividing line betwe,en prorerues ; knovm as il and 13 West Pine ~t:reet, South 04 , degreesJO minuter. 11 secoridli West a distance of ~ .1D2.S6.Jeet to,a point on line of land now or , , formerly of Stoer;ingeI; thence along line of said land now or.. ror.l1~r1y of Stoerzinger, South 80 deg~_U8 mimlt.e~ West ~ distance of 46.52 feet to. ~n:exisring, iron pin; lh~ce North 02 degrees .' 'W'riiiiiUIe'S"29"secbllds &i'sf a distance of 1[4.05 . , feet to a pcilD.t ot;l%e sou)hern line of West Flne St(eet; thence along the southern line of West , : Pine Street, South 85 degrees 39 minutes East a 'distanee of 48.87 feet to a point at the place of BEGINNING. , nIEABOVE-descrlbed tract oi land is improveU : \vith a one-story brick dwelling known a.~ and ,numbered 13 West Pine Street, Mt. Holly l Springs,Pennsylvania. . PARCEL 1Il3-32-2336-321. ! ,BEING premises: 13 W. Pine Street, Mt. Holly I!pnngs,PA_1I065"__ -~----- _:'t~"".~= ~...~ ~~ ~ l, , . ~_.-. ~~- ~~"'i:ili""","', " PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. LJ 784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esqnire, Editor ofthe 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 25, FEBRUARY 1, 8, 2002 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 tilTIe, place and character of publication are true. ~ SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 NOTARIAL SEAL LOIS E. SNYDER, Notary =. My~=~5,2005 ....... J ~,...;,L< . REAL ESTATE SALE NO.2 Writ No. 2000-5649 Civil The Bank of New York as T ITee Under the Pooling and Servicing Agreement Dated as of Febrruny 29, 1996 Series 1996-A vs. Janet L. Roberts Derk E. Roberts and Kimberly A Roberts '1-/k/'1- Kimberly A Barrett Atty.: Joseph Goldbeck ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Mount Holly Springs. Cumberland County. Pennsylvania. bounded and described in accordance with Sub- division Plan for Lester DeVanie prepared by Larry V. Neidlinger. ~~~redSillV~~dffiooS~re~ ber 24. 1984, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 47. Page 26, which Plan is incorporated herein by reference. as follows: BEGINNING at a point on the southem line of West Pine Street at the dividing line between proper- ties known as 11 and 13 West Pine Street, which point at the P1a~e of Beginning is North 85 degrees 39 minutes West a distance of 41.48 feet from a point at the intersection at the southern right-of-way line '- of West Pine Street with the western right-of-way line of 30 feet wide Hollinger Avenue on said Subdivi- sion Plan; thence from said point at the Place of Beginning along said dividing line between properties known as 11 and 13 West Pine Street, South 04 degrees 10 minutes 11 seconds West a distance of 102.56 feet to a point on line of land now or formerly of Stoerzinger; thence along line of said land now or formerly of Stoerzinger, South 80 degrees 08 minutes West a distance of 46.52 feet to an existing iron pin; thence North 02 degrees 17 minutes 29 seconds East a distance of 114.05 feet to a point on the southern line of West Pine Street; thence along the southern line of West Pine Street, South 85 degrees 39 min- utes East a distance of 48.87 feet to a point at the Place of BEGIN- NING. THE ABOVE-described tract of land is improved - with a one-story brick dwelling known as and num- bered 13 West Pine Street. Mt. Holly Springs. Pennsylvania. PARCEL #23-32-2336-321. BEING PREMISES: 13 W. Pine Street, Mt. Holly Springs, PA 17065.. jl~ ,,- ',-;" ;: '". ~ >, '~I - "' ,,-. ~ " 'M; GOLDBErK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16l32 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT IN THE COURT OF COMMON PLEAS DATED AS OF FEBRUARY 29,1996 SERIES 1996-A OF CUMBERLAND COUNTY c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 CIVIL ACTION - LAW Carle Place, NY 11514 Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. JANET L. ROBERTS, DERK E. ROBERTS, AND: Term KIMBERLY A. ROBERTS, F/K/A KIMBERLY A.: No. 00-05649 BARRETT (Mortgagor(s) and Record Owner(s) ) (Record Owner(s)) 13 W. pine Street Mt Holly Springs, PA 17065 Defendant(s) 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 m1( by: S hc:.("I-ffs o.f.n.e E.- ( ) Personal Service by the "'1,_':'[[ _ DH1~~: . ....' ,~ (copy of return attached) p~pPrt'e SHUtffio€f1"'" 2/2..610 I "Uk: /l.DIottTS) <131/0 I 3/l<<Ef'IZ06t:t.r5 (~) Certified mail by Joseph A. Goldbe~kA Jr. (original green Postal return receipt attached) .:rA-NfTL . J<OI:> E1?-TS ( ) Certified mail by Sheriff's Office. (W) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attornpv for ,. Defendant(s) of record (proof of mailing attached) .~lm6((tt~ ~-~oB~~T.J ( ) Acknowledgment of Sheriff's 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 penalties provided by 18 P.S. Section 490 . are subject to the & McKEEVER Jr. .ltIfiIllIlIJl"'J.....1ljl.1 .--, J j I I , -,-"-' 1* 1t5'P$ _,H_'.5~ TO: JAI\IET L. ROif4ERTS '. 256 N,J~"It1lriore Pike,APt. 2, Mt.HOIIV springs, PA 17065 CUMBERlAND SENDER: REFER~NCE: GOLDBECK MCCAFFERTY ilt McKEEVER . January 23, 2001 ' ROBERTS,DERK E. " MS.04SCl 6/ 6/01 . PS Form 3800 June 2000 RETURN Postage RECEIPT Certified ~e SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service .., -",;\"_",:..L; '_I..~ _'1/ , PC?ll!f'1I'RK OR DATE Receipt for ' ......-(~'. '. (.~.~';::''J::>'''~ Certified Mail : \ 7::3, !r-. ;-,\::, /'- ;_~' .,....~__/'< r No Insurance Coverage Provided ..', , (' ~ 'o,' Do Not Use for International Mail . .._.~:-~............~~..n..:"_".,"""",~~~.:;;_ 711. lf5?$ 3lrlll, 316'$ 1CJli, 7 TO: DERK E. ROBERTS 13 W: Pine street, Mt Holly springs, PA 17065 CUMBERLAND SENDER: REFERENCE: GOLDBECK MCCAFFERTY & McKEEVER. January 23. 2001 ROBERTS,DERK E. / MS.0430 6/ 6/01 . PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE . ," . Return Rl;l.dl':l,!ptJ~ee Restricted-:p~iNery Total, Postage'& Fees US Postal Service POSTMI\F1.~9R"OATE:.~ .... . ;' ......~\'; 1-:> ....-, ).. '2:> .-:> \:;::J ..' , c:.:! '"'~ "\""'. 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"J} (J) := 8.. a: or (fI 0 a.:::I:I3 -r--- ;:;;[-0 l(l)~dJ gm~ (\I I $'(1) !Ro m -- :'j 8-'" "(J) Q, ~ "0 3 co' mo))~w!ll.C/1 __ ~Q) CIlS"C (I),::' 0 to m J;;U i3..;Cl. __ a. <nOI~ - ~ -0 ... UI .. .' ;0 . 3 ~ ;:; 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 THE BANK OF NEW YORK AS TRUSTEE IN THE COURT OF COMMON PLEAS UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY OF CUMBERLAND COUNTY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates CIVIL ACTION - LAW P.C. One Old Country Road Suite 375 :ACTION OF MORTGAGE FORECLOSURE Carle Place, NY 11514 Term Plaintiff No. 00-05649 vs. JANET L. ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT (Mortgagor(s) and Record Owner(s)) 13 W. Pine Street Mt Holly Springs, PA 17065 Defendant(s) SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A, 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: 13 W. Pine Street, Mt Holly Springs, PA 17065 1. Name and address of Owner(s) or Reputed Owner(s): DERK E. ROBERTS 13 W. Pine Street Mt Holly Springs, PA 17065 KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT c/o Gregory L. Cutler, Esquire 50 East High Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: DERK E. ROBERTS 13 W. Pine Street Mt Holly Springs, PA 17065 KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT c/o Gregory L. Cutler, Esquire 50 East High Street Carlisle, PA 17013 JANET L. ROBERTS 236 N. Baltimore Pike, Apt. 2 Mt. Holly Springs, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: JAMES C. COSTOPOULOS 13 South Hanover Street Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE, BUREAU OF CHILD SUPPORT ENFORCEMENT Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105 DOMESTIC RELATIONS P.O. Box 320 Carlisle, PA 17013 THE BANK OF NY C/O THE MONEY STORE 4111 South Darlington Suite 800 Tulsa, OK 74135 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: . " " OM -~ '" -' ~ ,,----""',-'-.--'0 ~ 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. ction 4904 relating to unsworn falsification to authorities. BY: & McKEEVER ec Jr., Esq. aintiff DATED: April 26, 2001 ~~.lliidI~'I'i!iIll/iWi!lldtM!.>>""""'l _. ~~1--' . ~ ~, ,~ . "L.<I '""'"'Jl"" - . -. --~o"'''''''';';'~''''1\lii'llil:lllil':l -IJ n 0 0 c;: "1'1 ~~". ~"'" ':1 ;.0 .. 1 ..~.~ (D ~. (,.) _~!T -<'7 0 J'Y r:iS ()(") :,<:: "tJ -;~ ~r ",'~i <H. ....._) 53 ~, ~< , 0 -< " t ,~ /: PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter f= the next Argt:ment Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) THE: BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29, 1996 SERIES 1996-A ( Plaintiff) vs. JANET L. ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT ( Defendant) No. 05649 Civil 19 2000 1. State matter to be argued (Le.. plaintiff's rootion f= new trial, defendant's demurrer to canplaint, etc.): .e- MOTION FOR SUMMARY JUDGMENT 2. Identify =unse1 who will argue case: (a) f= plaintiff: KRISTINA G. MURTHA, ESQUIRE Address: THE BOURSE BUILDING. - SUITE 500 100 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 (b) for defendant: GREGORY L. CUTLER, ESQUIRE Address: THE LAW OFFICES OF PAUL BRADFORD ANDERSON 50 EAST HIGH STREET CARLISLE, PA 17013 (717)258-8558 3. I will notify all parties in writing within blo days that this case has been listed for argunent. 4. Argt:ment Court Date: JANUARY 3, 2001 Dated: No v ti\l\\>e-.v J-l i :rOD D ~~~ A orney f= ?(c;\,,\-;( ~ ~ ,,' ~ ',-,'" ~';r' M ,~, . ~~ , .<.., . , " , ~- - ' ,~ .:...'~" ~-~- , ~ l;"~"'"' "\ (') 0 ~. c: <::> :::;:1" s: 0 ~~::j. ." {lJ P1 ~ ;~;! 1 , ITlfT1 -") 2::D , ;{J$ 2c: 0'),00;: 0:> ;:$""- ;<::;0 -U Po .~ -- ~O 20 ~ Om >c: 2 );! ~ W 'J:J -< ~, "'Oil t. ij \ . 'f . '- ~ ,,'," '; - ~ltilJ;j:". .. ". /' GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Michael T. McKeever, Esquire Attorney I.D. # 56129 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT bATED AS OF FEBRUARY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place, NY 11514 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 00-05649 vs. JANET L. ROBERTS, ROBERTS, BARRETT Owners) 13 W. pine Street Mt Holly Springs, ROBERTS, DERK E. AND KIMBERLY A. F/K/A KIMBERLY A. (Mortgagors and Record PA 17065 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT PRAECIPE TO LIST CASE FOR ARGUMENT DATE Michael T. McKeever, Esquire, hereby certifies that he did serve true and correct copies of Plaintiff's Praecipe to list Motion for Summary Judgment for Argument to be held on January 3, 2001 by first class mail, postage pre-paid, on November 27, 2000 upon the following: Gregory L. Cutler, Esquire THE LAW OFFICE OF PAUL BRADFORD ANDERSON 50 East High Street Carlisle, PA 17013 ~ T. MCKEEVER, ESQUIRE it' -"..<........~i!l!!i.l!llli;jlll!~~r --'0<" ~. :...~ ,c -, ,,~d,"' /" ~ " ""--~. ~'-' , '"" " '. .0' "-, ~~'~j....._ N ".(j 'I ~ j, "",,' .! (') C> Q c: 0 :s: c:l -OC',J fT1 -n mrn c-:> f"7':::: Z:n I j38 zr; 0~ CO ;~, 1- -" ~ ::::l~) ~C} -u J:-+l ~o 3: '~').~c) >8 r:Y GIn -; Z ~ =<! <.:> GOLDBECK, McCAFFERTY & McKEEVER A Professional Corporation By: Lisa D. Blankenburg, Esquire Attorney J.D. No. 78020 Suite 500 - The Bourse Building III S. Independence Mall East Philadelphia, PA 19106 (215) 627 - 1322 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND CO. v. : NO. 2000-5649 Civil JANET 1.. ROBERTS DERK E. ROBERTS KIMBERL):' A. ROBERTS F/K/A K]MBEREYA.BARRETT PRAECIPE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TO THE PROTHONOTARY: ! , Kindly withdraw Plaintiffs Motion for Summary Judgment in the above- captioned matter without prejudice. GOLDBECK, Mc CAFFERTY & Mc KEEVER sqUIre 1'>".L,,~~~~;l1i!Sill~~)Il~NliI.l5:ij}' .,~". c ~." ,,>~. __, n~ L'.4liI~ " .~ilGliUllil:lM!~"lili!l o (':J ,....... e_ rn n f') co 2 ",," '"'Ocr~, rnrr.3, z~-~ Z~..."";._ ~~-~:. ~C:~ };::G .<-or' 5>c: :z :-.2. -';:'1 .....~< ~,"'" ~ '-'1 , ; CJ -1'1 \._) r:.? ':".-;,-; _.?c') O.rn -.-\ .~. :0, -<. ;:.."') .r " J , . - " '~ <- "',"' - ""'""",,""~' ~ .. ... . GOLDBECK, McCAFFERTY & McKEEVER A Professional Corporation By: Lisa D. Blankenburg, Esquire Attorney I.D. No. 78020 Suite 500 - The Bourse Building III S. Independence Mall East Philadelphia, PA 19106 (215) 627 - 1322 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29, 1996 SERIES 1996-A : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND CO. v. : NO. 2000-5649 Civil JANET L. ROBERTS DERK E. ROBERTS KIMBERLY A. ROBERTS F/KIA KIMBERLY A. BARRETT PRAECIPE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TO THE PROTHONOTARY: Kindly withdraw Plaintiffs Motion for Summary Judgment in the above- captioned matter without prejudice. GOLDBECK, Mc CAFFERTY & Mc KEEVER squue ~, , ,~ . 0._ .~ ..' ""' ~ ';'1<..i'J;;~ r THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29, 1996 SERIES 1996-A C/O ROSICKI ROSICKI & ASSOCIATES P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION- LAW ACTION OF MORTGAGE FORECLOSURE ONE OLD COUNTRY ROAD SUITE 375 CARLE PLACE, NY 11514, PLAINTIFF 00-5649 CIVIL TERM v. DERK E. ROBERTS, KIMBERLY A ROBERTS F/K/AKIMBERLY A. BARRETT, : (MORTGAGOR(S) AND REAL OWNER(S): AND JANET L. ROBERTS (MORTGAGOR(S)) ANSWER Defendant, Kimberly Anderson, by her undersigned attorney, hereby answers Plaintiff's complaint as follows: 1. Admitted. 2. Denied. Defendant Kimberly Anderson was divorced on November 4, 1997. She changed her last name to Carey. As a result of marriage on June 7,2000, the Defendant's married name is now Anderson. Her current address is now 15 East Street, Mt. Holly Springs, PA 17065. 3. After reasonable inquiry, Defendant is without knowledge or information sufficient to form a belief as to the contents of the tenns of the agreement. Therefore, such averment is denied. 4. After reasonable inquiry, Defendant is without knowledge or information sufficient ,~- - JU r" ~- .~ . to form a belief as to the contents of the terms of the agreement. Therefore, such averment is denied. 5. After reasonable inquiry, Defendant is without knowledge or information sufficient to form a belief as to the contents of the terms of the agreement. Therefore, such averment is denied. 6. After reasonable inquiry, Defendant is without knowledge or information sufficient to form a belief as to the amounts due on the mortgage. Therefore, such averment is denied. 7. After reasonable inquiry, Defendant is without knowledge or information sufficient to form a belief as to the contents of the terms of the agreement. Therefore, such averment is denied. 8. Denied. Defendant never received such notice as it was not sent to her current address. Respectfu1ly Submitted, 8"/:>Ohb DATE Grego utler, Esquire Attorney for Defendant Kimberly Anderson The Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 (717) 258-8558 /ltIorNp :I./J.71'171 ~.~ ~~'~ ~._~. -~ k _ .'. ~'- ~_",,,":J " - VERIFICATION I verifY that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. S 4904, relating to unsworn falsification to authorities. DATE: q- /~rJ2J , '-"-'......, li!i..h.d:iil~l!filliilt'a'Ml1'~ilW',j;"\I-...~1IiiiriIli"1-l!iI '" ,,-" ~w, _.~, -,.>-,. 'J.-j:"'1< -",-' ",. -'""""" .. ~, ~""'....;.","",~' o ~ -0 iT; ITijh Z-,:L' zr: UJ,,';-: --< /- r:::c: ~Q ~C. c Z -) --- ." ~, --~~"'.!tiIlMDIT c:-' -C5 U) l-q ~"v . -.lit,! il'j ;i I'i ,1! ',1 I, II Ii ~, 'I I i I I I I I Ii " Ii II II I! !i I I I i , -~, ,1 .~~) ~:::;C) ~'O I' r~~~ ~} ;'..C::-I" ,""' ---I ~ 5:; -< (,...J CO -,~ - - ,'. .~ '-".. O~''''''''l,Wi..!ik NOv 8~ . .. GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Kristina G. Murtha, Esquire Attorney 1.0. # 61858 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff ATrORNEY COpy THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERJES 1996-A c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place, NY 11514 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 00-05649 vs. JANET L. ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/KJA KIMBERLY A. BARRETT (Mortgagors and Record Owners) 13 W. Pine Street Mt Holly Springs, P A 17065 ORDER AND NOW, this day of 2000, upon consideration of Plaintiffs Motion for Summary Judgment, it is ORDERED: That Summary Judgment is hereby granted in favor of Plaintiff for the dollar amount due as of the filing of the Complaint ($49,398.13) plus interest at the rate set forth in the note, fees and costs and other charges in accordance with the terms of the mortgage and note and the demand of the Complaint. BY THE COURT: J. '''. - ", ~"-. ".< 0-- i . NOV 8 200~ .. GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Kristina G. Murtha, Esquire Attorney LD. # 61858 Suite 500 - The Bourse Bldg. illS. Independence Mall East Philadelphia, PA 19106 215.627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place, NY 11514 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 00-05649 vs. JANET L. ROBERTS, DERK E. ROBERTS, AND : KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT (Mortgagors and Record Owners) 13 W. Pine Street Mt Holly Springs, P A 17065 ORDER AND NOW, this day of 2000, upon consideration of Plaintiffs Motion for Summary Judgment, it is ORDERED: That Summary Judgment is hereby granted in favor of Plaintiff for the dollar amount due as of the filing of the Complaint ($49,398.13) plus interest at the rate set forth in the note, fees and costs and other charges in accordance with the terms of the mortgage and note and the demand of the Complaint. BY THE COURT:. J. vl:t:q-W~!.:~?i1F;:';,:,}:-i~~~;-~:~~i~~;i4;\t;tJ;j{:;-ji:;,,(~!if}Hi?;);~~~'h_ .'.oJ" ,~, /-;.'~',~;;-,'.l, ~;'1:,C'-;-" " t .. .. ... ;;;; I<1C-O ....CC 0- .... ...."'0- ....C.... N N>... I D:l C g Q.;Z:Q I ,~ ~ ~ 111~ ~ ; t'~ ;' ~ ~CGOIn ...""'".....0 ~.......... ...... .... 0- In 0:: W > W w D ~ (0 o ~ z tii OJ >-0 -<- I-f: w~ 0:: -< ..J Z W 0:: ..J -< LLO -<> LLIL(9 ~,,! <Co::~ l1Jen 08g ~~ U..J:5 l1J l1J ~-<lD on. z z. ~ 0 l1J l1J ~ UUjenofuiE lJ:j13~oo..J QLLOl!)Z~ ...J~lD~-:::s On.~:5~J: (,9<CI-Ul:::n. i , "'" '^ ~ ~~3~'~1ti\{;-'i<<,:~~],;',~1-t,"~-&-~:iji1tl:;::~''i~y,~g~tc;;:;%:"~(l.~f{&[*~1~'{t~ci ~~T~E'zq<19~~gi~,'?~f:;'~2i~;~;g,;'W@S~flffi1~k"[~::^" ....,;--, < . -'!! ...- . .." ... ,." '''. """ ,... 0' .... '.. """ ..,.. "'"" .... N '. . N > W,I il,; ~ ~ Il'~ g I r~; ; ; ~ CCl"4' oQ "'-4< .. O' 11\ .0 '0 OCl .. ttIO' C1" a: w ~ w ~ " ::!: ~ D/l ~ o ~ ~ w" u. :i ~ ~ () ~ " ~ ::!: ~ a. ~ '" w '" C ..I o Cl ~ :g Ujl>> ~ o , < ~ <( z 9 ~ ~ g ~ ~ ~ 1l) w 15 z l!! j{! 0 ilJ 5 :::J ilJ D. (/J~~~ ~ Z:. ~ ... . w U) ~ ~ - ~ , ~a. -. i~';;. A:' j -5 ~ ~ ""'1::) ~ \-. GC "- ~& '~ ;J ~\.L Jr,} " ----"" \. ~ ~~ ~ '" <.J ,>-3 ~ .j j'J ^ -co,::>:' -'.'<,"-u" ..,... .~. 1~ '- I- ~ "'" - ~7:t """ ~ "- IV '^ W,) ,- - \... ~-d ; ~'';''O "'^" "."-;':".-"" I'~_,!:" ","~h~',<':" - '''"-":~'1~~~.%.1k~t~S=:t~~T~E~'$;'W5f,iJi't.'a~*,j;I{~ .;""'~~~' ~" - I-~i,' Bank of New York as Trustee Under the Pooling and Servicing Agreement dated as of February 29, 1996 Series 1996-A VS Janet 1. Roberts, Derk E. Roberts, and Kimberly A. Robrts, f/k/a Kimberly A. Barrett In The Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-5649 Civil R. Thomas Kline, Sheriff, who being dilly sworn according to law, says this writ is returned STAYED. Sheriff s Costs: Docketing Ponndage Posting Bills Advertising Law Library County Levy Postpone Sale Surcharge Certified mail Mileage Law Journal Patriot News Share of Bills 30.00 16.23 15.00 15.00 .50 1.00 15.00 20.00 30.00 2.38 13.02 344.45 300.30 25.09 $ 827.97 paid by attorney 06-07-0 I Sworn and subscribed to before me S~.~ R. Thomas Kline, Shefiff This ;29 €-day of ~ 2001, A.D.~ () '/v,,,,'ihJ7# rothonotary . BY C/~ Sheriff I ~1I , !l..k. 3.2'133 I~, /j?>l.,qD ,- - - ;'. "', ~".' . '"^'~- - ~---, ' ,..,"., ' ',--;,,,_ ""~e;,,""~ ~"" t~': 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 THE BANK OF NEW YORK AS TRUSTEE IN THE COURT OF COMMON PLEAS UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY OF CUMBERLAND COUNTY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates CIVIL ACTION - LAW P.C. One Old Country Road Suite 375 :ACTION OF MORTGAGE FORECLOSURE Carle Place, NY 11514 Term Plaintiff No. 00-05649 vs. JANET L. ROBERTS, DERK E. ROBEW::'S, AND KIMBERLY A. ROBERlS, F/K/A KIMBERLY A. BARRE"T (Mortgagor(s) and Record Owner(s)) 13 W.. Pine Street Mt Holly Springs, PA 17065 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A, 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 fil~ft the following intQrmation concerning the real property located at: 13 W. Pine Street, Mt Holly Springs, PA 17065 1. Name and address of Owner(s) or Reputed Owner(s): DERK E. ROBERTS 13 W. Pine Street Mt Holly Springs, PA 17065 KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT c/o Gregory L. Cutler, Esquire "K" ,," 0._'___ ", ,," '--j _>~__' iO-'",,- , -",;.-,~ # , 50 East High Street Carlisle, 17013 17065 2. Name and address of Defendant(s) in the judgment: DERK E. ROBERTS 13 W. Pine Street Mt Holly Springs, PA 17065 KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT c/o Gregory L. Cutler, Esquire 50 East High Street Carlisle, 17013 17065 JANET L. ROBERTS 236 N. Baltimore Pike, Apt. 2 Mt. Holly Springs, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: JAMES C. COSTOPOULOS 13 South Hanover Street Carlisle, PA nOD PA DEPARTMENT OF PUBLIC WELFARE, BUREAU OF CHILD SUPPORT ENFORCEMENT Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105 DOMESTIC RELATIONS P.O. Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holde;ri: of every mo;ctgage 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: -,- ,,..- '", ,-. ~".<,,~- " _ "",,,,~J.."-.w.~' ,> >", -^'''-"-liilti # 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. GOLDBECK M BY: Joseph A Attorney & McKEEVER k, Jr., Esq. ntiff DATED: January 23, 2001 -... -,~- c_,._," -'----, , ;-.,-, ~-__;_- "'_~,,',' "'~,",,""_ _~__ "~ .1< ...... GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16l32 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING IN THE COURT OF COMMON PLEAS AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A OF CUMBERLAND COUNTY c/o Rosicki Rosicki & Associates P.C. CIVIL ACTION - LAW One Old Country Road Suite 375 Carle Place, NY 11514 :ACTION OF MORTGAGE FORECLOSURE Plaintiff Term vs. No. 00-05649 JANET L. ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT (Mortgagor(s) and Record Owner(s)) 13 W. Pine Street Mt Holly Springs, PA 17065 Defendant(s) 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: KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT c/o Gregory L. Cutler, Esquire 50 East High Street Carlisle, 17013 17065 Your house at 13 W. Pine Street, Mt Holly Springs, PA 17065 is scheduled to be sold at Sheriff's Sale on June 6, 2001, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $52,298.20 obtained by THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A against you. NOTICE OF OWNER'S RIGHTS yOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE ~~I ~~ ~ ~ F To p~event this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney) . YOU MAY STILL BE ABLE TO SAVE YOUR RIGHTS EVEN IF THE SHERIFF'S SALE D ROPERTY AND YOU HAVE OTHER TAKE PLACE. 2. You may be able if the bid price was your property. to petition th grossly inade opped, your property will be find out the price bid price County at (717) 240-6390. 1. If the Sheriff's Sale is not s sold to the highest bidder. You may by calling the Sheriff of Cumberlan Court to set aside the sale ate compared to the value of 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 f Cumberland County at (717) 240-6390. paid to the Sheriff, as if the sale never 4. If the amount due from the Buy you will remain the owner of the pr happened. 5. You have a right to remain in amount due is paid to the Sheriff a the buyer. At that time, the buyer evict you. he property until the full d the Sheriff gives a deed ay bring legal proceedings to to 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 Sheriff's Sale. This sc edule 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. ~J "-,;,. -~"d '" .... .r YOU SHOULD TAKE THIS PAPER TO YOUR: LAWYER AT ONCE. IF YOU DO NOT HAVE Ai LAWYER OR CANNOT AFFORD ONE:, GO TO OR TELEPHONE THE OFFICE LISTED; BELOW TO FIND OUT WHERE YOU' CAN GET LEGAL HELP. C~mberl~nd County Bar Association 2 ILiberty Avenue, Carlisle, PA (800) 990-9108 Legal services Inc. a !Irvine Row, Carlisle, PA 17013 d17) 243-9400 ~ ,- '"" '" ~;iN,i;~ " .a~:J , " ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan for Lester DeVanie prepared by Larry V. Neidlinger, Registered Surveyor, dated September 24, 1984, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 47, Page 26, which Plan is incorporated herein by reference, as follows: BEGINNING at a point on the southern line of West Pine Street at the dividing line between properties known as 11 and 13 West Pine Street, which point at the Place of Beginning is North 85 degrees 39 minutes West a distance of 41.48 feet from a point at the intersection at the southern right-of-way line of West Pine Street with the western right-of-way line of 30 feet wide Hollinger Avenue on said Subdivision Plan; thence from said point at the Place of Beginning along said dividing line between properties known as 11 and 13 West Pine Street, South 04 degrees 10 minutes 11 seconds West a distance of 102.56 feet to a point on line ofland now or formerly of Stoerzinger; thence along line of said land now or formerly of Stoerzinger, South 80 degrees 08 minutes West a distance of 46.52 feet to an existing iron pin; thence North 02 degrees 17 minutes 29 seconds East a distance of 114.05 feet to a point on the southern line of West Pine Street; thence along the southern line of West Pine Street, South 85 degrees 39 minutes East a distance of 48.87 feet to a point at the Place of BEGINNING. THE ABOVE-described tract of land is improved with a one-story brick dwelling known as and numbered 13 West Pine Street, Mt. Holly Springs, Pennsylvania. PARCEL #23-32-2336-321 BEING PREMISES: 13 W. Pine Street, Mt. Holly Springs, PA 17065 IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 13 W. Pine Street, Mt Holly Springs, PA 17065 SOLD as the property of JANET 1. ROBERTS, DERK E. ROBERTS, and KIMBERLY A. ROBERTS, F/KIA KIMBERLY A. BARRETT TAX PARCEL #23-32-2336-321 " ..~ "-~~' ~"""""''tl . . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-')649 CIVIL TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt. interest and costs due Bank of New York as Trustee under the Pooling Servicinq Aqreement Dated as of February 29, 1996 Series 1996-A PLAINTIFF(S) trom Janet L. Roberts, Derk E. Roberts, and Kllnberlv A. Roberts, P/K/A Kllnberly A. Barrett, 13 W. Pine Street, Mt. Holly Springs, PA 17065 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell s"" T "g" 1 n"",ccription (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of j ;, '. - ,:~.: ;.;rt, ~. G!\RNISHEE(S) as follows: and to notny the garniShee(s) tH'~lt (a) fa'nat;~lfhii;ent has been issued; (b) the garnishee(s) is/are 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 thereot; " (3) If property of the defendant(s) not levied upon an subject to attachment is found in the pol;session of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garniShee and is enjoined as above stated. . Atty'S Comm Atty Paid Plaintiff Paid % L.L. Due Prothy Other Costs $.50 $1.00 Amount Due S,)2.298.20 Imerest from 2/1/00 to Ol/23/01 at ll.490% $1 ill 44 Date: .TMl1"ry 2'). 2001 Curtis R. Lonq Prothonotary, Civil Division ~o/XP. 2.7(CJMAX-/ --.b.Y : Deputy REQUESTING PARTY: Name .Io"'''.ph A. Goldbeck. Jr.. Esq. Suite 500 - The Bourse. Bldg. ill b. Independence .Mdll Ect,;L Phil"nE"lphi". PA 19106 Attorney for: Pl"inHff Telephone: :l.1'i 6/.7 1 in Supreme Court 10 No. 161 i:l. Address: lIli("C' ',. ~" ~'-- , , . 1ii!"\Slij~ll>.~-"-li'-1~>t;;l!!iiII~"'~-'~:': --'-- d_'".,,,,~.,_,__"~ -'-( -,~._' --, ~'" 1lI ',\ REAL .EST ATE SALE ffJ~ ' .~.. ~ au ,)OO( the sheriff levied upon the detenoantlJ: interest in the real property situated i~11 {1"if5~''r g:,/1....,:/- Cumberland County, Pa., know" and numbered8s:/J~//~:' :/1;/ aJ/L#: ~ and more f~:i. o-;:u'Qed on Exhibit "A" filed with tJllS writ and by this reference ITlrorporated herein. ,te~/f7'1"CbOL bifal!~ Ci!) c:;;;J ~ G=e Viii1 ljf/~~~^lASNN3cJ :,lsnuvC! /0. HV €I /I De Dr JJ.NOOO 00 Ii J.:IllI;!HS 31i}Jo~.J0l1flO ~ 3flf:l:/O -"".""",... = _0 , ",," _~ ,. ~ _ ". " ,'" _,." '~_'" n,_, ~~ --'-~- ,; ,~ .~n ~ r ~!F ~ ~ , , GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Kristina G. Murtha, Esquire Attorney 1.D. # 61858 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates P.c. One Old Country Road Suite 375 Carle Place, NY 11514 vs. JANET L. ROBERTS. DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, FIKIA KIMBERLY A. BARRETT (Mortgagors and Record Owners) 13 W. Pine Street Mt Holly Springs, P A 17065 ORDER AND NOW, this day of for Summary Judgment, it is ORDERED: L' ~ 4;-',_ NOV 8 20~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 00-05649 2000, upon consideration of Plaintiffs Motion That Summary Judgment is hereby granted in favor of Plaintiff for the dollar amount due as of the filing of the Complaint ($49,398.13) plus interest at the rate set forth in the note, fees and costs and other charges in accordance with the terms of the mortgage and note and the demand of the Complaint. BY THE COURT: J. -..-"" ':r.'~ - ,., ""~',Ii GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Kristina G. Murtha, Esquire Attorney LD. # 61858 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE: IN THE COURT OF COMMON PLEAS UNDER THE POOLING & SERVICING: AGREEMENT DATED AS OF FEBRUARY: OF CUMBERLAND COUNTY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place, NY 11514 NO. 00-05649 vs. JANET L. ROBERTS, DERK E. ROBERTS, AND : KIMBERLY A. ROBERTS,F/K/AKIMBERLY A.: BARRETT (Mortgagors and Record Owners) 13 W. Pine Street Mt Holly Springs, P A 17065 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. There is no genuine issue of fact or law upon which the Defendant would be entitled to relief. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. -7::'Y rubmiUol, KRISTIN4~QmRE ~ ~ , ~- , , GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Kristina G. Murtha, Esquire Attorney LD. # 61858 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place, NY 11514 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 00-05649 vs. JANET L. ROBERTS, DERK E. ROBERTS, AND KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT (Mortgagors and Record Owners) 13 W. Pine Street Mt Holly Springs, P A 17065 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Kristina G. Murtha, Esquire, hereby certifies that she did serve true and correct copies of Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid, on November .J , 2000 upon the following: Gregory L. Cutler, Esquire THE LAW OFFICES OF PAUL BRADFORD ANDERSON 50 East High Street Carlisle, PA 17013 ~~ TIN G. MURTHA, ESQUIRE ,-,-"J - "-fifi:'t ,_ I - ~ .Iit_.) . , . " . GOLDBECK MCCAFFERTY & MCKEEVER A Professional Corporation By: Kristina G. Murtha, Esquire Attorney LD. # 61858 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING: IN THE COURT OF COMMON PLEAS AGREEMENT DATED AS OF FEBRUARY: 29,1996 SERIES 1996-A OF CUMBERLAND COUNTY c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place, NY 11514 No. 2000 - 05649 vs. DERK E. ROBERTS, KIMBERLY A.: ROBERTS, F/K/A KIMBERLY A. BARRETT, : AND JANET L. ROBERTS (Mortgagors and : . Record Owners) 13 W. Pine Street Mt Holly Springs, P A 17065 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ~ k:Ll11:MY'an , being duly sworn according to law, deposes and says: 1. I am the ~ tv.tk & SYf'P r- for and representative of Plaintiff. I am authorized to make and do make this affidavit on behalf of Plaintiff; and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. 2. I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiffs Motion for Summary Judgment, that ,. , ~ ,"' - -~<<f' . .. , , the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein. 3. The Defendants, DERK E. ROBERTS, KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT, AND JANET 1. ROBERTS, made, executed and delivered a Mortgage upon the premises, 13 W. Pine Street, Mt Holly Springs, P A 17065, on January 25, 1996 to TMS MORTGAGE INC., D/B/A THE MONEY STORE. 4. The Mortgage is held by Plaintiff. (See, paragraph 3 of the Complaint). 5. The Mortgage is in default because monthly payments of principal and interest due March 1,2000 and each month thereafter are due and unpaid. At no time from March 1,2000 to the present has/have the Defendants tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. A Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 has been sent to the Defendants by regular mail in accordance with Act 91 of 1983 of the Commonwealth of Pennsylvania on the date set forth in the true and correct copy of the Notice attached to the Complaint. The Defendants 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 Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 7. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance Interest from 2/ 1/00 through 6/30/00 at 11.490% Per diem interest rate at $14.01 Attorney's Fee at 5% of Principal Balance $ 44,511.08 2,101.50 2,225.55 - - :g> . . . . , " Late Charges 3/ 1/00- 6/30/00 Monthly late charge amount at $ d.Cf, 77 Costs of suit and Title Search Ilq,og 560.00 $ 49,398.13 Escrow Balance Monthly Escrow amount $ $ 49,398.13 I hereby verify that any exhibits attached hereto are true and correct copies of the originals and I declare all of the foregoing to be true and correct. SWORN TO AND SUBSCRIBED: before me this d~l day: of 8tt* - , 2000: ~~~b~QJ~ eJr.p 12- tJ-O/ ~ - =~~." " ,.~- '<-' , ,-- , - , ' ,~" ,--, il!t,1 I GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE: IN THE COURT OF COMMON PLEAS UNtlER THE POOLING & SERVICING: AGREEMENT DATED AS OF FEBRUARY: OF CUMBERLAND COUNTY 29, 1996 SERIES 1996-A C/O Rosicki Rosicki & Associates One Old Country Road Suite 375 Carle Place, NY 11514 No. 2000-05649 vs. DERK E. ROBERTS KIMBERLY A. ROBERTS F/K/A KIMBERLY A. BARRETT (Record Owners) JANET L. ROBERTS (Mortgagor) 13 W. Pine Street Mt Holly springs, PA 17065 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR S~Y JUDGMENT I. PROCEDURAL HISTORY This is an Action of Mortgage Foreclosure brought against the Defendants who are the Mortgagors and Real Owners of the real property located at 13 W. Pine Street, Mt Holly Springs, PA 17065 ("Property"). Plaintiff filed a Complaint and Defendant filed an Answer. Plaintiff has now moved for Summary Judgment and this memorandum is offered in support of Plaintiff's Motion. Defendant, Derk E. Roberts, has not filed a timely answer and is therefore deemed to have admitted all allegations of Plaintiff's Complaint. II. LEGAL ARGUMENT - '~ '- -'y- ,,--, ' -,-; . ,'d'l'" .r-; ~".~, - .-i"-' " ,; ;:;... ._"" , , "'.' . lULl Summary judgment is governed by Pa.R.C.P. 1035.2, which provides that "After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment...." Summary judgment is appropriate to be entered: (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense..." Pa. R, C. P. 1035.2(1). Pa.R.C.P. No. 1141 notes that the foregoing assumpsit rule shall apply to Actions of Mortgage Foreclosure. Pa.R.C.P. 1035.2(2) requires the party who opposes the motion to provide the Court, in response to the motion, with ".. . evidence of facts essential to the . defense which, in a jury trial, would require the issues to be submitted to a jury." Specifically, Pa.R.C.P. 1035.3 states, in pertinent part: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion... Plaintiff has included an affidavit in support of its Motion for Summary Judgment, pursuant to Pa. R. C. P. 1035.4, which states in relevant part: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testify to the matters stated therein. Verified or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. The only issue before the Court is whether Defendant's Answer , . - ~--,. - "" 0"" , li!ii1 raises any legal or factual issue which provides a basis for denying Plaintiff its request for summary judgment. Plaintiff respectfully suggests it does not. In paragraph 2 of the Answer, Defendant, Kimberly Roberts (Anderson) denies that she resides at the Property. Plaintiff will stipulate that Defendant no longer resides at the Property In paragraph 3 of the Answer, Defendant denies for lack of knowledge the execution and assignment of the mortgage and the mortgage recording information. The execution and assignment of the mortgage, the recording information and the legal description of the Property are matters of public record and may not be denied for lack of knowledge. See. Goodriqh vs, Amram 2d. Section 1029(c):1 at p.p. 279-80. Accordingly, said lack of knowledge denials constitute admissions. Moreover, there is absolutely no requirement that a mortgage document be attached to the Complaint. See, Pa.R.C.P. 1019(g). Paragraphs 5 and 6 of the Complaint contain the specific averments of default and amounts due and owing upon the mortgage required to be averred in actions of mortgage foreclosure as set forth in Pa.R,C.P. No. 1147(4) and (5). Defendant answers these specific averments by stating she is without sufficient information to form a belief as to Plaintiff's averments and with a general denial. Pa.R.C.P. 1029(c) requires Defendant to dispute Plaintiff's allegations with some specificity. Defendant has not done so. Defendant fails to specifically respond as to her failure to tender monthly payments or the total amount due and owing. Defendant cannot simply invoke Pa.R.C.P. 1029(c) when Defendant, as well as the Plaintiff, has knowledge, or should have independent "-' . '""'>'< knowledge of the mortgage account. Further, as case law assumes that Defendant has knowledge of her own mortgage account, Defendant is deemed to have admitted these specific allegations of default by failing to deny the allegations with any specificity. See First Wisconsin Trust Company vs. Strausser and Perlberger, 653 A.2d 688 (Pa.Super. 1995); New York Guardian Mortgaaee Corooration vs. Dietzel. 524 A.2d 951 (pa. Super 1987) Cercone vs. Cercone. 386 A.2d 1 (1978); Pa. R. C. P. No. 1029. The lack of specific, detailed response to Plaintiff's specific averments of defaults constitutes an admission of the default and amounts due and owing upon the mortgage. See. New York Guardian Mortgagee Co~oration vs. Dietzel. 362 Pa. Super 426, 524 A.2d 951 (Pa. Super 1987) . Thus, while Defendant's default is a legal conclusion, Plaintiff respectfully suggests this honorable Court should conclude, based upon the admissions of the Defendants and the verified facts of Plaintiff in its affidavit in support of its Motion, that Plaintiff is entitled to summary judgment. As for Defendant's general denials regarding/allegations that the damages are incorrectly calculated, Plaintiff respectfully suggests this is not a basis to deny Plaintiff judgment as a matter of law. Defaul t in an action of mortgage foreclosure is an absolute. Once default under the terms of the mortgage has been established, the court must enter judgment in favor of the holder of the mortgage. The question of accounting is saved for another day, specifically, after a Sheriff's Sale of the Property. The Supreme Court of Pennsylvania held in Landau vs. Western pennsvlvania National Bank, 445 Pa. 217, 282 ,.'-~ ~ ",", '"~' - " "'-0 ' . '. .-, ,~ - "0-" '--"-::..; A.2d. 335 (1971): The mortgagors are unquestionably entitled to an accounting, but that accounting is not due until the property is sold at Sheriff's Sale and distribution of the proceeds is made. Judgment in mortgage foreclosure actibn must be entered for a sum certain or no execution could ever issue on it. 445 Pa. at 226, 282 A.d. at 335. This Supreme Court decision directs a court to enter summary judgment in favor of the plaintiff/mortgagee where the defendant/mortgagor admits the default upon the mortgage. Landau vs. W. Pa. Nat. Bank. 455, Pa. 217, 255-266, 282 A. 2d 335, 340 (1971). Pennsylvania Courts have long and repeatedly upheld the reasonableness and enforceability of a request in an action of mortgage foreclosure for attorney's fees equal to 5% of the principal balance of the mortgage as demanded in Plaintiff's Complaint at paragraphs 6 and 7. Robinson vs. Loomis. 51 Pa. 78 (1865); Galligan vs. Heath. 260 Pa. 457 (1919); Foulke vs. Hatfield Fair Grounds Bazaar. Inc.. 196 Pa. Super Ct, 155 (1961); First Federal S&L Assn. vs. Street Road Shopping Center, 68 D & C 2d 751, 75 (Bucks County) (1974). Moreover, as further explained in Paragraph 7 of Plaintiff's Complaint, the attorney's fees demanded in Paragraph 6 of Plaintiff's Complaint would only be collected in the event of a third party purchaser at Sheriff's Sale. Defendant continues to have the option of paying all arrears and costs up to one hour before the Sheriff's Sale in conformity with the provisions of Act 6 in which case attorney's fees will be assessed based on work actually performed. Pennsylvania Act 6 of 1974, 41 P.S. Section 401 et. seq. Defendants thereafter invokes Pa,R,C.P. 1029 to generally deny ~ paragraph 8 of the Complaint as to Plaintiff's compliance with Act 6 " , " ~ - >' '~ --, -, ,- - -~ ."", -~ ;-,c,. 'm---. ~- and Act 91. This denial is insufficient as a matter of law. Defendant states the required Act 91 notices were not received. This denial is insufficient, as Plaintiff did not aver that Defendant received the Act 91 notice. Plaintiff complied with Act 91, averred that fact in its Complaint, verified that fact under penalty of perjury on two occasions and attached copies of the Act 91 Notice to its Complaint. The required Act 91 Notice was sent by Plaintiff on May 3, 2000 (See, Exhibit A of Complaint). The law only requires that the Act 91 Notice be ~ and not necessarily received. .Q.e.e., 35 P.S. 1680.403 (c) (a) . Any implication that Plaintiff did not follow the procedure(s) set forth in 35 sec. 403(c) is totally without merit. Defendant states further that the Act notices were not sent to her current address. Plaintiff sent the notices to the property address in accordance with the statute. Defendant did not notify Plaintiff of her change of address, even though such notification is required by the mortgage (See, ~xhibit C hereto, ~14). Accordingly, Plaintiff's Act notices are in compliance with the relevant statutes. III. CONCLUSION All material averments of the within motion are verified in the attached signed and sworn affidavit pursuant to Pa.R.C.P. No. 1035. Defendant cannot simply rely upon the averments of the Answer to raise an issue of fact. Phaff vs. Gardner. 451 Pa. 146, 303 A2d 352 (1973). ,~- ~. ',-,. . '" -,. '"''''!,j Accordingly, Defendant's answer admits all material facts, there are no issues of material fact and the Court should grant Plaintiff's Motion for Summary Judgment. Respectfully submitted, GOLDBECK CAFFERTY & MCKEEVER BY: KRISTINA G. MURTHA, ESQUIRE ~~'>- GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: KRISTINA G. MURTHA, ESQUIRE Attorney I.D. #61858 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE: IN THE COURT OF COMMON PLEAS UNDER THE POOLING & SERVICING: AGREEMENT DATED AS OF FEBRUARY: OF CUMBERLAND COUNTY 29, 1996 SERIES 1996-A C/O Rosicki Rosicki & Associates One Old Country Road Suite 375 Carle Place, NY 11514 No. 2000-05649 vs. DERK E. ROBERTS KIMBERLY A. ROBERTS F/K/A KIMBERLY A. BARRETT JANET L. ROBERTS (Mortgagors and Record Owners) 13 W. Pine Street Mt Holly Springs, PA 17065 Exhibit List A Complaint in Mortgage Foreclosure B Answer to Complaint C Mortgage D Note , , , EXHIBIT "4 " . .. ~- .'ii(" GOLDBECK McCAFFERTY BY: Joseph A. Goldbeck, Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for plaintiff & McKEEVER Jr. THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A c/o Rosicki Rosicki & Associates P.C. One Old Country Road Suite 375 Carle Place. NY 11514 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE vs. i:.rm doDO - O'5&/-d CIVIL ACTION: MORTGAGE FORECLOSURE 6ibtl q/J1 )mJ DERK E. ROBERTS, KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT, (Mortgagor(s) and Real Owner(s)) AND JANET L. ROBERTS (Mortgagor (s)) 13 W. Pine Street Mt Holly Springs, PA 17065 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 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against: you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990- 9108 Legal Services Inc. a Irvine Row, Carlisle, PA 17013 (717) 243- 9400 A V ISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVlDa CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO. REGISTRE CON LA CORTE EN FORMA ESCRITA. EL PUNTO DE VISTA DE USTED Y ClJALQUIER OBJECCI0N CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: S1 USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO 8IN SU PARTICIPACION. ENTONCES, LA COmE PUEDE, SIN NOTIFlCARIO, DBClDIR A FAVOR DEL DEMANDANTE Y RBQUERlRA QUE USTED CUMPLA CON 'rODAS LAS PROVISIONBS DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERnER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE E5TA DEMANDA A UN ABOGAnO 1MMED1ATAMENTE. 51 NO CONOCE A UN ABOGADO, !>LAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DB ABOGADOS), 215 238-6300. CUmberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, carlisle, PA 17013 (717) 243-9400 8hlb I'~ A- ,-' ,~"'C , -~ '.,-> -"" ,~-" ';0.1 COMPLAINT IN MORTGAGE FORECLOSURE i I I ~ I i I I I " I I I 1. plaintiff is THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29,1996 SERIES 1996-A, c/o Rosicki Rosicki & Associates P.C., One Old Country Road Suite 375. Carle Place, NY 11514. 2. The name(s) and address(es) of the Defendant(s) is/are DERK E. ROBERTS, 13 W. pine Street, Mt Holly Springs, PA 17065, KIMBERLY A. ROBERTS, F/K/A KIMBERLY A. BARRETT, 13 W. Pine Street, Mt Holly Springs, PA 17065, who is/are the mortgagor(s) and real owner (s), and JANET L, ROBERTS, 13 W. Pine Street, Mt Holly Springs, PA 17065, who is/are the mortgagor(s) of the mortgaged property hereinafter described. 3. On January 25, 1996, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to TMS MORTGAGE INC., D/B/A THE MONEY STORE, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1301, Page 1000. By Assignment of Mortgage dated January 25. 1996, the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 546, Page 1053. 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 payments of principal and interest upon said mortgage due March 1, 2000, 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. ~ - .-' " -,<-,',,-' '^"v,'",,'. "" "c~T' "~'or. J'- 6. The following amounts are due on the mortgage: Principal Balance Interest from 2/ 1/00 through 6/30/00 at 11.490% Per diem interest rate at $14.01 Attorney's Fee at 5% of Principal Balance Late Charges 3/ 1/00- 6/30/00 Monthly late charge amount at $ Costs of suit and Title Search I $ 44,511.08 2,101.50 2,225.55 560.00 Escrow Balance Monthly Escrow amount $ $ 49,398.13 $ 49,398.13 7. The Attorney's Fees set forth above are in conformity 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 hereto 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 Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $49,398.13, together with interest at the rate of $14.01, 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. cKEEVER Jr., Esq. --'-, . .J ,,,',,,<-',-,'-;"" ~ 1'_ JUN 29 '00 08:39AM P.5/7 VERIFICATION I, , as the representative of the Plclintiff corporation within named do hereby verify that I am authori~ed to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: _~~ ~ cl.9YAJ ~"-r .P"'€ V - A Y71' J'~7~- ~c .9,0/9 Yh".c .7~y ~ ~ #72807530 - ROBERTS,bERK E. ~, -;" -"" COMMITMENT tux TITLE m",u.KAl.,L..I'J ~. SCHEDULE A CONTINUED Commitme~t No. 0001229670 File Number: 9421867 Legal Description ~l that certain tract of land with the improvements thereon erected. situate in the eorough of Mount Rolly springs, Cumberland County, Pennsylvania, bounded and describ~ as follows: Beginning at a point in the southern side of Wese Pine Street; thence by land now or fonnerly of William F. Skilton and E. Virginia Skilton, his wife. South 1 degree 35 ninutas East 103.2 feet to a point; thence by land now or formerly of Frank H. Stoer~inger, Jr. and Sarah R. Stoerzinger, his wife, South 80 degree& 08 minutes West 49 feet to a point; thence by land no'W' or formerly of Boyd W. Gleckner and Betty Jo Gleckner, his wife, Narth 1 degree 15 mdnutes Base 111.6 feet to a point on the Southern side of West Pine Street; ~bence by the Southern side of West pine street; thence by the Southern side of We5t pine Street. North 85 degrees 39 minutes East 41 fe~t to the place of Beginning. Being improved with a dwelling house known as No. 3.3 West Pine Street. ,",~'-.r:~vlv:J(\;a } 55 ~ ..'..i;'i0-erlE!nd i:; "'.-..~ ,)'!flt€ tor the recording of [)eeck; 1. .kC"~::~"dC?U~;~ ..t::XJ.'Jr:.. ___r'a9eJ~ 9' :'~alnd sp.",llj~ off l.o . ".< "~""V 1S_ ..._~..>.:: // . ,$~ Ifeco~ This co~ltMCnt 1. ipv.1Ld unleSI the in$~rin9 prgyisions and Schedul~D ~ and D ~e attacbed First American Title Insurance Company tflod301 PAGE1007 j ~ - -" .,' ',-, . -,- -, , _,,"" _ ,- '.i>.~'-"-'h ....;.., I .,.". Molin- SIoRF' IZr;t'A/ P '131 131 70b May 03, 2000 NBRC72807530 DerIc: E. Roberts 13 W Pine St Mt Holly Spgs. P A 17065.- EXHIBIT A . . I ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an offlclal notice that the mo.rt2aftOn vour \lome is in default. anti the lender intends to foreclose. Suetif'.e information about the nature of the, default is otovided in the attaehed oa..e5. The Homeowners' Emernencv Mort!!a..e Assistance Pro!!ram (HEMAP) mav he ahle to helo to save vour home. This notice exolalns how theoro..ram works. To see if HEMAP can helD vou. vou mnst MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet witb the counselln!! uenev. The name. address. and ohone number of Cousumer Credit Counselio!! 4l!encies scrvin!! your counlY are listed at the end of this Notice. If YOU ha"e any ouestio"s. Vou may <:all the Pennsvlvania Housin.. Finance Apen" toll free at 1-800-342-2397 (nersons with inIDairedlleariD2 .8neaI171'-780.:1869). This notice contaillS important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. Vou may also want to contact an attorney in your area. TIle loeal bar association may be ahle to help you find a lawyer. La Notif'tcaion en adiunto es de suma Rnnortancia. oues afecta Oil dere<:ho a continuar viviendo en su ean. Si no comnrende el contenidodeestanotifieionobten28 Una traduceionJmmediiltamente lIo_odoesta a"encla lPennsvlvaJllaHousin" Finance A2encv)sin <:am.. a"numero mencloilado arriba. Plledes ser elef!iblellara nn orestamo nor eloFOl!ra_ llam.do "Homeowners' EmeNeoev Mortl!a!!e ASsistance Pro!!ram" al malouede salvar su easa de la oerdida del derecho a redimir su hillOteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: Derk E. Roberts 13 W PneSt Mt Holly Sp, PA 17065-0000 72807530 TMS Mortgage Inc. LOAN ACCOUNT NUMBER: CURRENT LENDERlSERVICER The Money Store P. O. Box 96053, Charlotte, NC 28296-0053 Phone: 1-800-795-5125 Ext 10302 , I I I I I , I i I I i I I I I I I i , , I I ~ I II i !I I I I I I I 1 I il I I I 1 I I I i I ,.- -~.~' .~ ,,- Page two NBRC72807530 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM trt2/l/ 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 PROVISION OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"). YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECf 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 the foreclosure on your mortgage for THIRTY (30) days from the date of this Notice. During that time you must arrange and attend a "fRce-to-face" meeting with one ofthe.desjg/lated consumer counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN 'IliE.,NEXT THIRTY f3ll\DA YS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BmNG YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRJNG YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you attend a face.to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. the lender may NOT take further action against you for THIRTY (30) days after the date of this meeting. The names. addresses and telenhone numbers of desienated consumer counselin. aeencies for the counIY in which vour Jlrq>eItv is located are set forth at the end of this Notice. It is only necessary to schedule one face-ta-face meeting. Y OIl should advise this lender immediatelv 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 Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out. andsig/l and file a completed Homeowners' Emergency Assistance Application with one of the designated cons\ltntr 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 completed applicatiooto the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within THIRTY (30) 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 LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDlA TEL Y AND YOUR APPLlCA nON FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be dishursedby 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 you application. During that additional 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 Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FlUNG OF A PETmON IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A ITEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can slill apply for Emergency Mortgage Assisrance) .,,- ^ - - -- ,-,~-~^"". . = ,"- .< I , I I I I I i I I i i i I i I /;;;tA/ Page three NBRC72807530 HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it uo to datel NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender on your property located at 13 W Poe St Mt Holly Sp, PA 17065-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONnIL Y MORTGAGE PAYMENTS and the following amounts are now past due: Delinquent Payment Balance: (b) Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 0510112000: $1,786.35 $.00 $1,306.26 $.00 53,092.61 Regular Mail: TMS Mortgage Inc. PO Box 96053 Charlotte, NC 28296-0053 Overnight Mail: FUNa Lockbox 96053 1525 West W. T. Harris Blvd. Charlotte, NC 28262-0053 I I Ii II I II I. II '1 \\ 11 ., ,. II " I! Ii II II i1 ,I Ii I II I' :1 il 'I I' .1 il Ii II II II I II :1 '1 II II I I' \ " II '! YOU HA VE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT-You may cure this default within THIRTY (30) days from the date ofthis letter BY PAYING THE TOTAL AMOUN1'PAST DUE TO LENDER, WHICH IS, 53,092.61, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Plrvments must be made either bv cashier's ched<.. cmilled cheek. or money order made Davahle to: You can cure any other default by taking the following action within THIRTY (30) Days of the date of this letter: (Do not use jf not applicable.) IF YOU DO NOT CURE THE DEPAUL T -If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exen:ise its right to acceferatethe mortga~e 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 insmllments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, TMS Mortgage, Inc., also intends to inslnK:t their attorneys to start a legal action to for..,lose UnoD vour mortt!a~ed oroocrtv. IF THE MORTGAGE IS FORE€LOSEDUPON- The mortgaged property will be sold by the Sherilfto pay olfthe mortgage debt. If the lender refers your case'to its attorneys. but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, iflegal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. Ihou cure the default within the THIRTY (30) DAY neriod. vou will not be reuuired to Davattornevs' fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance. and all other sums due under the Mortgage. RIGIIT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the delimit within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the demult 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 charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by perfonning any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore YORT mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE. It is estintatedthat lbe earliest date that such sheriff's sale could be held is would be approximately FIVE (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the saie. Of course. the amount needed to cure the demult will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. " ,-,. -< ,- ~.; ,., +.-~- ~,o ,- ''''.....'""''''''',,.~_ ">'" "\ ! I Page four /rN NBRC72807530 HOW TO CONTACT THE LENDER BY TELEPHONE OR MAIL NaIIle of Lender: The Money Store Address: FUNB LOCKBOX 96053 City. State, Zip Charlotte. NC 28262-0053 Telephone Number: 800-795-5125 Ex!. 10302 Facsimile Number: 9]6-6]7-0655 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 Sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- Yon may nol sell or transfer your home to a buyer or transferee who will assume the mortgage debt. Provided that all the outstanding payments, charges aud attorneys' 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 TIlE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT, OR BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE TIllS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE TIlE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. (HOWEVER, YOU ARE NOT ENTITLED TO THIS RIGHT MORE THAN THREE TIMES IN A CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTIWTED 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. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS A IT ACHED TO THIS LETTER. Sincerely, TMS Mortgage Inc. ....._, ,., ~.~"_,'_" "._.~~_" ~_~H__ ,_~ - f""~~'~' <"*~::~~i~;> ~:,,,>\, ~ .' " /'\, to. .... ~. I !: .: .....1 t..:. ('C", '. . . . .,. .~." . ;' _i r~~~ (.:_~};. ~01' \1 ~/' v~ "'''11-1 >o=" o",m ~0i5 s;Xz m~rn ~:t-< p(ll~ ~ ~ . '" , 8J .'" .<0> ~>\ . .;\ ~~- t' . "\:., .'~'....;/~ ... . -'. ~ . ~' -- I.}' / . .:. ..;~ t, '.. ..- _..-' - . ~ 1 , , , , , .~-- : . ~-~! _.;;, :' J ! . ;. ... ~ ~ ~ JltJ7clcfzJ?53o /C';pAJ ~ , \ ! I I I I , , , , I I :: t t \ " , Is ycMII' RETURN ~t: compIetH on-the ........, ;g !'> j ~ ~ .. !! i - l 0 ~ I l{ II i t ~ II ! .0 'P '1' II l? I o f I '5l ~ ~ o Ii' Z " 3 t DO. 1III 0072807530RTRN " I I "r'!I'I' '1"lil' I III ..- ~ - ~. - >-^'~ ~,'- _ -.~ :0" ~ "~- _~. ","~' ~ ,"'. _ _-_"' i_ ",1\,--- " "~' _'''_ ~ ,", ,,, .... AtoriEY'S'rORr' 11f~ P "131 131 7117 May 03, 2000 NBRC72807530 Imberly A. Roberts 13 W Pine Sl Ml Holly Spgs, P A 17065- EXli18lT A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an off'JdaI notice th,d the mortllalle on vour home is in default. and the lender intends to foreclose. SDecific information about the natilre of the default is Drovided in the attached nal!j,s. The Homeowners' Emel'l!enev Mortl!a!e Assistance Prol!ram fHEMAP) mav be able to helD 10 save vour home. This notice exnlains how tbe Dr01!ramworlts. To see ifHEMAP can helD vou~ Vou mnsl MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vau when vou meet witb tbe counseUnl! 8I!enev. The name. address. and nhoDe uumber of CODsumer Credit CounseUnl! A!endes servinl! vour counlY are listed at tbe end or this Notice. Uvoubave any Questions. voo mav call tbe PennSYlvania "ooSinl! Finance Allenev toU free at 1-800-342-2397 (nersons witbimoairedhearlJll! can call 717-780-1869). This notice eontains important legal informalion. 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 an attorney in your area. The local bar association may be able to help you find a lawyer. La Nolif",aioB en adiunto os de soma Imnortanda. nues areeta su derecho a continuar vivtendo en su casa. SI no <'OmDrende el contenido deestanotificionobtenl!auna traduccion immediatameute lIamando estaal!eneia (Pennsvlvania Housin! Finance Al!encv) sin ca....t\!Ial"numero mencionado arriba. PUedesserelet!lble oara on orestamo nor el orollramallamado "Homeowners' Emel'l!ellcv Moma!e Assistance Pr01!ram" al cui ouede salvar so casa de,la nerdida del derecho a redimlr su hinoteea. HOMEOWNER'S NAME(S) : PROPERTY ADDRESS: LOAN ACCOUN1'NUMBER: CURRENT LENDERlSERVlCER Kimberly A. Roberts 13 W Poe SI Mt Holly Sp, P A 17065-0000 72&07530 TMS Mortgage Inc. The Money Store P. O. Box 96053, Charlotte, NC 28296-0053 Pbone: 1-800-795-5125 Exl. 10302 "",,0'- "".~ " -_'0",'" ''^ ,,; "' '> ',~' ~_. ".' .- , -,,-.-- , ,~~_.,.- ". - ,~, ~I I I , i Page two NBRC72807530 f{/LrJ HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNERS' EMERGENCY MORTG~GE 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. CONSUMER CREDIT COUNSELING AGENCIES-If you attend a face-to-face meeting with one ofth~ consumer credit cou)1Seling agencies listed at Iheend of this Notice, the lender may NOT take further action against you for )'HIRTY (30) days after the date oftbis meeting. The names. addresses lIIId telephone numbers of desil!Ila!ed consumer counselim! a2encies for the countv in which vour Ilronerly is located are set forth at the end oflhis Notice. It is only necessary to schedule one face-to-face meeting. You should advise tbis lender immediatelv of your intentions. I ! I I i i I I , I TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary slay of the foreclosure on your mortgage for THIRTY (30) days from the date ofthis Notice. During tbat time you must arrange and attend a "fuce-to-face" meeting with one of the desig!lllted consumer counseling agencies listed at the end oftbis Notice. THIS MEETING MUST OCCUR WITHIN TftENEXT THIRTY E3l1)UAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAlGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DAn. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. API'LICA nON FOR MORTGAGE ASSIST ANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation 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 Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you mIlS! fill out, lIIId sigrl and file a completed Homeowners' Emergency Assistance Applibation with one oftbe desigrlated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit c01lll$eling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within THIRTY (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU 00 NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THJS 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 HOIISing fmance Agency has SIXTY (60) days to make a decision after it receives you application. During tbat additional time. no foreclosure proceedings will be PllfSued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FlLING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOUJ,D NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have fded bankruptcy you dn still apply for Emergency Mortgage Assistance) '"0 ,~ _A .0'_;, ^,- , ~, ,,, =,-- """,'-~" .'--" , "-;m-' Page three NBRcnS07530 (L1!~ HOW TO CURE YOUR MORTGAGE DEFAULT (BriO!! it un to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 13 W Pne St Mt Holly Sp, PA 17065-0000 IS SERlOUSL Y IN DEFAULT because: yOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS and the following amounts are now past due: Delinquent Payment Balance: (b) Late charge(s) : (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as or 05101/2000: $1,786.35 $.00 $].306.26 $.00 '$3,092.61 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date ofthi. letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS, $3,092.61, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERlOD. Pavments must be made either hv eashier's cb<<k. ..rimed ch<<k.or money order made navable to: Regular Mail: TMS Mortgage Inc. PO 130x 96053 Charlotte, NC 28296.0053 Overnigbt Mail: FUNB Lockbux %053 1525 West W. T. Harris Blvd. Charlotte, NC 28262.0053 You can cure any otber default by taking the foUowing action within THIRTY (30) Days or the date of Ibis lelter: (Do not use if not applicable.) IF YOU 00 NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its rimt to accelerate the morteage debt. This means that the entire outsUutding balance ofthi. debt will be considered due inlmediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, TMS Mortgage, Inc., also intends to instruct their attorneys to start a legal action to foreclose uoon your mort!!a2ed nronertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the SheritTto pay otTthe mortgage debt If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will bave to pay the reasonable attorney's rees actually incurred up 10 $5Q.OO. However, iflegal proceedings are sl8rled against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees wi.1l be added to the amount you owe the lender, which may also include their reasonable costs. 'fvon cure Ihe deraull within tbe THIRTY (30) DAY oeriod. YOU will not be reouired to Day IIttorneys' fees. OTHER LENDER REMEDIES. The lender may also sue you personally for the unpaid principal halance, and an other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT fRlOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings bave begun, you still have the right 10 cure the default and prevent the sale at any time up to one hour before the Sherifl's Sale. You may do so by paying the tolal amounl then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connecled with the Sherifl'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 tbis Noliee will restore your mortgage to tbe same position liS if YOII bad never deraulled. EARLIEST POSSIBLE SHERIFF'S SALE DATE-II is estimated thaI the earliesl date thaI such sherifl's sale could be held is would be approximalely FIVE (5) months from the date of this Notice. A notice of the actual date of the Sherifl's Sale will be sen~ to you l:>efore the sale. Of course, the amounl needed 10 cure the default will increase Ihe longer you wait You may fmd oulat any time exacdy what the required payment or action will l:>e by conlacting the lender. '-'--'-' "-' ,',. '- , '-',~ < " Page four lit,) NBRC72807530 HOW TO CONTACT THE LENDER BY TELEPHONE OR MAIL Name of Lender: The Money Store Address: FUNB LOCKBOX 96053 Cil}'. State. Zip Charlotte, NC 28262-0053 Telephone Number: 800-795.5125 Ext.10302 Facsimile Number: 916.017-0655 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's sale will end your ownership of the mortgaged property and YOlU'right to occupy it. If you continue to live in the property after the Sheriff's sale. a lawsuit to remove you and your furniture and otber belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE. You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. Provided that all the outstanding payments, charges and attorneys' 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 PAYOFF THE MORTGAGE DEBT, OR BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO TIlE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. (HOWEVER, YOU ARE NOT ENTITLED TO THIS RIGHT MORE THAN THREE TIMES IN A CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSillT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIlE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED TO THIS LETTER. Sincerely, TMS Mortgage Inc. .' ". ~i , i l , I ! I , I , I ! , ! , I 1 , i . I . I , I i I i I 'I ! j ;1 I i 1 : ---...ai.-" '"' 1.(, (Ii ,i~j J. ,'" 'Z: ,......'>-. " ...,J~ . . ~:,:>~':: ::': '.. ". .c. .... . tl c' /;tl:~>~~ ,~':~>i: ,.>' '~".. ....L.. " ~.. .,' . , . ~.. '. \. . . J:/ .;/ i ......1.-.1. ::<....- ~ '-.. , . .' - -~, .. <Il1l-i :>>0'" o",m ~~~ m~z ~ :P~ pmln ~ ~ '" '" 0> "":,01 . '"~ to) ~ ;,.~, '; -r". '6 ~""? : ~i7 u-n.' , , ;: ~ :J" J ' . . . r .: .~ . i I ; 1;- ; l . , ! . . \' ..1.\.\.... .t\ l.lI : r!tlll ':1 ! .-' . ..1.' {.j . " -.,.. /)tJ7;ij-o? ---2 -~~/) erjJV Is your RE11IRN "U at ADDA.~C en . 9' completed on-1he- '" '" f --~. Sl 6" ;:: - '" !o' -, :3 ~ _w_. ~.DODDDUI ! a :s: ~ ~ t i.=2.....' .1 ~ ~ ji'<.= ,...Q _ ~ '" c ~. .m '" !t ~ ~ ~ ;> '1: . '.. :D ! 1 i f if III!"' 3! I I I lif II I "~ t t l~ I I . tt I I !if _ ! 1H i i~ c S It.. I ~ It. ~ ~ 3 if. ~ o N f +: il .. ii ... i ~ i l ~ .. if f f. ~ '" '" 0 00 ~ ~ ~ff!r 1 1i':D It 2 ... :;' ;::iilrl .:l ~ - I'J, o.i:.t II> ~ i ~ g~ ~i !. w m~!. ~ ~ ~p ~o. ~ <~l"~i gn ~ .~,~ ~f 41 = ~Q'-sd1~, <~ 0. !. \~ Thonk-'Ior .'- I ~ ,_ uolngAelum ~.- ..,' f ReceIpI- '\ \ II \ \ I I I i , , ~ \ i i i I . , I I , I ! i i I I i I I , , -- . ~ ~, _, _r.__---' _ ":'1 I'IIE' MoNEY' S'I'ORE' P '131 142 bb7 tre~ May HI,2ooo NBRC721lO15.lll ----...---. . . ~ J:lMtL.Robtrts I'WPiueSt Mt Holly Spgs. PA J7065- -. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is Jlb_oftkiBJ,uiw ":It 'lie~-8ft'VOUT home is in d'" ... udlhe lender iftttlldl to fbncloIe.. Sneeifk ,~}\boul'hDMDRoftlle:mmw\l b~mthe~_--. Tblt &mMWDen~ ~ M~_ A..dctsnee PiM"nmt tRF.MA1')mav K able to helDto_!IIrft YDIIrhDRte. TbU IlOtite ~laiJu how the B~m worb.. \ To 1ft ilHEMAP ('an heIa Y08. YOU must MEET W",H A CONtUfM"ta q~F.J)1T COUNSELING A~I?Nr.v WITHIN 30 D~ VS 011' THE DATE OJ'l1nS NOTICE. 'fab this Notice wilh VMI when YOU Meet wUA 1M ............... adDn'. Tile 1l8me. addreu. DEI Dhm1e aumber ofColmlm.t'I"_Cl'tdit C..-H_ ~de5_HI'\IiaM' YOUi' MD." 9ft lbHd .tt~ t!mt 01 tlWl Notw. ltvma:b*Ve II.V altHtloM.. '1(18 JD1I1I', caD the ~~nU. Ho~ FiR.eft! AftIlwtdd flU at 1..AM.U't~:Z397 (nemMU with unUllind hairiti> nil 011 7t7..7~l369). ThIS notice comins impMtant JegalllllA:wJIlatioa. If you me a.Y41*tJMs, repnse..w.. .ttbl~Cn:dit (:ousetmg A~.ay beablt to -M'P expIllin it. You- ..Y -also"..t to coDbtt 8JI aUO...., m your ama. TlIe:loEaJ 110.- ~ may be.~ lo~"o.. ftad 11 lawyer. 1,s Moti~ en adlulIIlotide SUmB inmM1AII. DBes, .,reua ndtree:ho. eo>>tIn.u, "jyieAiktd~'!l' aIIlL _ Sf DG,'Il!OMDI'eIlde eI-"UIo.ata-~,4'lIUft"'lUI\IIltradJltdoili~,hJlWtdo..."-_..M:"-'-~~_~_~~7-',N- ,~ 'IikI~AHDCY111>>~.hniDlent ftll!.f'iG.....anibL -PlRdet,ar-..~btraaD~Nft~et~s a-... "1Iab'ltGWaen:t t1Oe1'ftllev,MarimI_ A~P'ro!r~mlJ- alatal',~ _Warm. e<au,M_b._nHt1iIh,'dd dHetbo. rwUm1r tuhiDotua. HOMEOWNEll.'S NAME(S); PROPERTY t,Dll\lESS: Janet l.... Roberts UWhoSt Ml Holly $p, PA 11ll65-0000 12l101Sl0 TMSM_IBc_ LOAN ACCOUNT NUMBER; CUllRENT LENDERlSERVlCER n..M"""l'_ P. o. Box 96G53. Charlotte. NC 28296-00'3 Pb~ l..soQ.795~5125 1M. IO;\Q2 7- , '--,",'; ,,', ':"".--- ,'- +-'^ ~~..... - '.. -" ~ .- .~.,,] I ) "II' .. ~ .1-' . ","'.-;<" ;:,-",-"'- " , ...,. ; ~~.;".I'...... . , . ,:f:' ..f ~i'l~ i~~ ~g~ ~~~ i f}tJ ;7...;} Jt) 753 cJ Lr/!/J I if i ~ ~ ! "~1- fl'>;; ~ \ . 1 ", ~ I I _.. :..,,' ~. ()I)} , I cIa % " 8[1 I 'V b1i )) ))) I 1 I" I III , , . EXHIBIT ,." " v. ~ TRUE COpy FROM RECORf) c~ DBRK E. ROBERTS, : In Testimony Whereof, t here unto set m.:,":1\O ':~ KIMBERLY A ROBERTS :and .p of said rt at Isle.' . "HJ FIKIAKIMBERLYA BARRETT, :T'" . (MORTGAGOR(S) AND REAL OWNER(S . AND JANET L. ROBERTS (MORTGAGOR(S)) , " ~ . THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 29, 1996 SERIES 1996-A C/O ROSICKI ROSICKI & ASSOCIATES P.C. ONE OLD COUNTRY ROAD SUITE 375 CARLE PLACE, NY 11514, PLAINTIFF - " ~ "" -. , ~ - ~- --- ,--'" ~ -bi!", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION- LAW ACTION OF MORTGAGE FORECLOSURE 00-5649 CIVIL TERM '-.' ""< :<: :..1 0.,) ANSWER Defendant, Kimberly Anderson, by her undersigned attorney, hereby answers Plaintiff's complaint as follows: 1. Admitted. 2. Denied. Defendant Kimberly Anderson was divorced on November 4, 1997. She changed her last name to Carey. As a result of marriage on June 7, 2000, the Defendant's married name is now Anderson. Her current address is now 15 East Street, Mt. Holly Springs, PA 17065. 3. After reasonable inquiIy, Defendant is without knowledge or information sufficient to form a belief as to the contents of the terms of the agreement. Therefore, such averment is denied. 4. After reasonable inquiIy, Defendant is without knowledge or information sufficient EXhibIt -.B l!fi<'<^ . to form a belief as to the contents of the terms of the agreement. Therefore, such averment is denied. 5. After reasonable inquiry, Defendant is without knowledge or information sufficient to form a belief as to the contents of the terms of the agreement. Therefore, such averment is denied. 6. After reasonable inquiry, Defendant is without knowledge or information sufficient to form a belief as to the amounts due on the mortgage. Therefore, such averment is denied. 7. After reasonable inquiry, Defendant is without knowledge or information sufficient to form a belief as to the contents of the terms of the agreement. Therefore, such averment is denied. 8. Denied. Defendant never received such notice as it was not sent to her current address. Respectfully Submitted, 15/'5tJ.Jo DATE ~ Attorney for Defendant Kimberly Anderson The Law Offices of Paul Bradford Orr SO East High Street Carlisle, P A 17013 (717) 258-8558 /l1IorNp :La 71'171 ~-~ '"" ",,-, """,~ - '." -, , '" ,~ . VERIFICATION I verifY that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of Pa, C.S. ~ 4904, relating to unsworn falsification to authorities. DATE: 1-1-& . l " EXHIBIT ,,~ " , . "L ~ '~ ~ -".~0,:" .' "V/ l y. .. ~%3-t '. , ~/n I ?a~E:r\T ~}. Z;~~Lt:.R RECORDER OF CEtDS !!~~H}ERLMlD COUNTY - FA After recording return to: The Money Store - Packaging P.O. Box 160128 Sacramento, CA 95816-0128 '96 FEU. Z Pl'I 2 31 MORTGAGE 035.103-00002170-5 ':(1 I ) /.' i".' j".----) "- ". " .,' J"! . . - \ { . I ;J ~ '.. >......_./ .~ I. . THIS MORTGAGE ("Security Instrument") is made this Twenty- fi fth Day of January, 1996 belWeentheMortgagor. Derk E. Roberts And Kimberly A. Roberts "KA tl"".~CAC'1 A !..l1J\~,Jf JI\N,-'t (. i~....;.1c_1. t j (herein "Borrower"), and the Mortgagee, TMS Mortgage Inc., dba The Money Store which is organized and existing under the laws of New Jersey and whose address is 4660 Trindle Road. Suite 1002. (herein "Lender")_ Shiremanstown. PA 17011 WHEREAS. Borrower is indebted to Lender in the principal sum of Fi fty-One Thousand and 001100 Dollars (U.S. $ 51. 000.00 ) together with interest. which indebtedness is evidenced by Borrower's note dated January 25, 1996 (the "Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness. if not sooner paid, due and payable on February 1. 2011 TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; extensions and renewals of the Note; the payment of all other sums, with interest thereon, advanced in accordance with this Security Instrument to protect the security of this Security Instrument; and the performance of the covenants and agreements of Borrower contained in this Mortgage. Borrower does hereby mortgage, grant and convey to Lender, the following described property located in Cumber 1 and County, Pennsylvania: (SEE EXHIBIT 'A' ATTACHED) being the same property commonly known as: 13 West Pine St, Mt Holly Springs, PA 17065 ("Propeny Address"). PENNSYLVANIA MORTGAGE "'011 Original - File MOOZ.1PA Page 1 of 7 EYhlJo 1+ ( ~oc~1301 FmlO00 ,,-_. "&;;J: , , TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a pan of the property covered by this Socurity Instrument. All of the foregoing, together with such property (or the leasehold estate if this Security Instrument Is on a leasehold) are called the "Propeny." . Borrower covenants that Borrower is lawfolly seised of the estate hereby conveyed and has the right to mongage, grant and convey the Property, and that the Property is unencumbered. except for encumbrances of record. Borrower warrants and covenants that Borrower will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. Borrower further warrants, represents and covenants as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness and all other charges evidenced by the Note. 2. Funds (or Taxes and Insurance. If required by Lender, and subject to applicable law. Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds"l for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; and (e) .yearly mongage insurance premiums, if any. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mongage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974, as amended from time to time, 12 U.S.C. Section 2601 et .eq. ("RESPA "), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at. any time. collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whos~ deposits are insured by a federal agency, instrumentality. or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds. annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reponing service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing. however, that interest shall be paid on the Funds. Lender shall give to Borrower. without charge, an annual accounting of the Funds, showing credils and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in a<:cordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments. at Lender's sole discretion. Upon payment in foll of all sums socured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under Paragraph 18, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. All payments of principal and interest received by Lender shall be applied as provided in the Note. If BoltOwer owes Lender any late charges, or other fees or charges ("olber charges'), they will be payable upon demand of Lender. Unless prohibited by law, the application of payments may be affected by the imposition of other charges. Therefore, payments of other charges, whether paid 10 Lender in addition to the monthly payment or separately, will be applied in a manner a\ the absolute discretion of the Lender. Borrower agrees \hat Lender may apply any payment received under Paragraphs 1 and 2, either first to amounts payable under Paragraph I, or first to amounts payable under Paragraph 2. PENNSYLVANIA MORTGAGE [9501) Original - File MOO2.2PA bOO~ 1:301 PACE1001 PaQe2 of 7 035.103.00002170.5 .--....:.:;';., .if.i... "L_ , -~" ...-.~..-"',../, : . 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage. deed of trust or other security agreement with a lien which has priority over this Security Instrument, if any. including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attrihu~able to the Property which may attain a priority over this Security Instrument. and leasehold payments or ground rents, if any. S. Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by flIe, hazards included within the term "extended coverage," flood and any other hazards as Lender may require. from time to time. and in such amount and for such periods as Lender may require. The insurance carrier providing the insurance shall he chosen hy Borrower subject to approval hy Lender; provided that such approval shall not be unreasonably withheld. If the Borrower fails to maintain the coverage descrihed above, Lender may. at its option, obtain coverage to protect its rights on the Property in accordance with Paragraph 8. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals tbereof, suhject to tbe tenns of any mongage. deed of trust or other security agreement with a lien which has priority over this Security Instrument. If any insurance proceeds are made payable to Borrower, Borrower sball promptly pay such amounts to Lender, including, witbout limitation. the endorsement to Lender of any proceeds made by cbeck or other draft. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoratiQn or repair is not economically feasihle or Lender's security would be lessened. the insurance proceeds shall be applied to the sums secured hy this Security Instrument. whether or not then due, with any excess paid to Borrower. Unless Lender and Borrower otherwise agree in writing, any application of proceeds \0 principal shall not extend or postpone the due date of the monthly payments referred to in Paragraphs 1 and 2 or change the amounts of the payments. If under Paragraph 18 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. The provisions of this Paragraph 5 Concerning the payment, disbursement or application of insurance proceeds shall apply 10 any insurance proceeds covering the Property whether or not (i) Lender is a named insured, (ii) the policy contains a mortgage clause, or (iii) Lender has required Borrower to maintain the insurance. Borrower authorizes and directs any insurer to list Lender as a loss payee on any payment of insurance proceeds upon Lender's notice to insurer of Lender's interest in the insurance proceeds. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss jf not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers \0 settle a claim for insurance benefits, Lender is authorized to collect and apply tbe insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by tbis Security Instrument. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit nor permit waste or impairment or deterioration of the Property. Borrower shall not do anything affecting the Property that is in violation of any law, ordinance or government regulation applicable \0 a residential property, and Borrower shall comply witb the provisions of any lease if this Security Instrument is on a leasehold. If this Security Instrument is on a unit in a condominium or a planned unit development. Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development. and constituent documents. Unless Lender and Borrower otherwise agree in writing, all awards, payments or judgments, including interest thereon, for any injury to or decrease in the value of the Property received by Borrower wi\1 be used to restore the Property or applied to the payment of sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. Unless Lender and Borrower otherwise agree in writing. any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in Paragraphs 1 and 2 or change the amounts of the payments. Borrower agrees that in the event an award, payment or judgment includes compensation for both injury or decrease in the value of the Property and compensation for any other injury or loss, the total amount of such award. payment or judgment PENNSYLVANIA MORTGAGE ,.5011 Original. -' File M002-3PA Page 3 of 7 035-103.00002170.5 ~c-o~1301 PAGE1002 M." ~ -~ ~ ,-- '~,""-;,Gi shall be deemed compensation with respect to the Property and Borrower hereby consents to Lender's intervention into ';'y proceedings regarding the Property. 7. Loan Application Process. Borrower shall be in default under this Securil}' Instrument, if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information directly bearing on Lender's decision to extend credit to Borrower). in connection with the loan evidenced by the Note. 8. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Propeny (such as a proceeding in bankruptcy. probate, for condemnation. forfeiture, or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs or abate nuisances. Although Lender may take action under this Paragraph 8, Lender does not have to do so. The right of Lender to protect Lender's rights in the Property shall include the right to obtain jl\ Borrower's expense, property inspections, credit reports, appraisals, opinions of value or other expert opinions or reports, unless prohibited by law. Any amounts disbursed by Lender under this Paragraph 8 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon demand of Lender. The Borrower's obligation to pay the amounts advanced by Lender under this Paragraph 8 shall continue in full force and effect after the entry of any judgment in mortgage foreclosure or a judgment on the Note. 9, Morlgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Bnrrower's and Lender's written agreement or applicable law. 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor as related to Lender's interest in the Property. 11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation. are hereby assigned and shall be paid to Lender. subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. In the event of a 10tal taking of the Property. the proceeds shall be applied to the sums secured by this Security . Instrument. whether Or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair IIllUket value of the Property inunediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking. unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amOURt of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides. the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or seule a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds. at its option, either to restoration or repair of the Property or the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in Paragraphs I and 2 or change the amount of such payments. PENNSYLVANIA MORTGAGE "'011 Original - File ~;D~d:3O 1 ;.\~t1 003 M002-4PA Page 4 01 7 035.103.00002170.5 <';i-~ ~~ " .l>. - -~~ ~ 1"11. H"",i<~"'''';'.1 1'1.:' Borrower Not Released; Forbearance By Lender Not a Waiver; Acceptance of Partia1 Payment. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any successor in interest of Borrower shall not operate 10 release. in any manner, the liability of the original Borrower and Borrower's successors in in~rest. Lender shall nol be required to commence proceedings against such successor or may ~e 10 extend time for payment or otherwise modify amortization of the SUIDS secured by this Security Instrument by reason !If any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender on one or more occasions in exercising any right or remedy hereunder, or otherwise afforded by applicable law. shall not be a waiver of or preclude the later exercise of that or any other right or remedy. Lender may accept partial payments from Borrower, without waiving or forbearing any of ils rights under this Security Instrument or under the Note even if such paymenls are notated as a paymenl in full, or with a nolation of similar meaning. 13. Suc:eessors and Assigns Bound; JoInt and Several Liability; SIgners. The covenants and agreements herein contained shall bind, and the righls hereunder shall inure 10, the respeclive successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who signs this Security Instrument, but does not execute the Note: (a) is signing this Security Instrument only to mortgage, grant and convey that Borrower's interesl in the Property to Lender under the lerms of this Security Inslrumenl. (b) is nOI personally liable on the Note or under this Security Instrumenl. and (c) agrees thaI Lender and any other Borrower may agree 10 extend, modify. forbear or make any accommodations with regard to the lerms of this Security Instrument or the Note withoul that Borrower's consent. 14, Notlce. Except for any nOlice required under applicable law 10 be given in another manner: (a) any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing such notice by frrst class mail addressed 10 the Property Address or to such other address as Borrower may designate by notice to Lender as provided herein. and (b) any notice to Lender shall be given by firsl class mail to Lender's address stated herein or to such other address as Lender may designate by notice 10 Borrower as provided herein. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given in the manner designaled herein. 15. Governing Law; Severability. The state and local laws applicable 10 this Security Inslrument shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law 10 this Security Instnunent. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrumenl or the Note which can be given effect without the conflicting provision, and to this end, the provisions of this Security Instrument and the Note are declared to be severable. As used herein, "costs," 'expenses" and 'attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 16. Borrower's Copy, Borrower shall be furnished a copy of the Note and of this Security Instrument at the time of execution or after recordation hereof. 17. Transfer oflbe Property ora Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may. at its option. require immediate payment in full of all sums secured by this Security Instrumenl. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of nOlless than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Inslrument without further notice or demand on Borrower. 18. Acceleration; Remedies. Except as provided in Paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Security Instrnment, including the covenants \0 pay when due any sums secured by this Security lnstn1menI, Lender prior 10 acceleration shall give notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the PENNSYLVANIA MORTGAGE 195011 original - File MOO2..5PA PBg& 5 of 7 035.103.00002170.5 flO~ 1301 fACE 1004 - ,-, ..A tll - ~~ . ":C~"--",'~;-," breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is maile/to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date speeified in the notice may result in acceleration of the sums secured by this Security Instrument or foreclosure by judicial proceeding. The notice shall further inform Borrower of the right to reinstate-this Se<;urity Instrument after acceleration and the right to bring a court action or to assert in the judicial proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option may declare all of the sums secured by this Security Instrument to be immediately due and payable without further demand and may foreclose this Security InstrUment by judicial proceeding and any other remedies penuitted by applicable law. Lender shall be entitled to colleet all expenses of foreclosure, including, but nol limited 10, reasonable attorneys' fees, court costs, and coslS of documentary evidence. abstracts and title reports, even if the breach is cured prior to the completion of any foreclosure. Borrower agrees that the inlerest rate payable afler judgment is entered on the Note, or in an action of mortgage foreclosure, shall be the rate payable from time to time under the Note. 19, Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Security InstrUmenl due tn Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Security Instrument discontinued up to one hour prior to sale of the Property if: (a) Borrower pays Lender all sums which would be then due under this Security Instrument and the Note had no atteleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Security Instrument; (c) Borrower pays all reasonable attorneys' fees. trustees' fees and court costs; and (d) Borrower takes such action as Lender may reasonably require 10 assure that the lien of this Security Instrument, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unimpaired. Upon such payment and cure by Borrower, this Security Instrument and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. This right to reinstate shall not apply. however, in the case of acceleration pursuant to Paragraph 17. ZO, Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleralion under Paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under Paragraph 18 bereof or abandonment of the Property, Lender, in person, hy agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and callection of rents, including, but not limited to, receiver's fees, premiums on receiver's bol\ds and reasonable attorneys' fees. and then to the sums secured by this Security Instrument. Lender and the receiver shall be liable to account only for those rents actually received. ZI, Hazardous Snbstances, Borrower shall not cause .or penuitthe presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate for nonnai residential uses and for maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit Or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority. that any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Paragraph 21, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline. kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaidehyde, and radioactive materials. As used in this Paragrapb 21, "Environmental Law. means federal laws and laws of the jurisdiction where the Propeny is located that relate to health, safety or environmental protection. tJod301 PMdU05 PENNSYlVAlIIlA MORTGAGE {9'Oll Original - File MOO2.6PA Page 6 01 7 035.103.00002170.5 - Ull..ililIill1I1.d'""""~- "-"'0,"_;'_" '1.'1.~ Release. Upon payment of all sums secured by this Security Instrument. Lender shall release the Security Instrument. Borrower sball pay any release fees and costs of recordation unless applicable law provides otherwise. '1.3. Purchase Money Mortgage. If l\llY of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrutment shall be a purchase money mortgage. BY SIGNING BIlLOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. (Seal) (Seal) (Seal) -Borrower Certificate of Residence~h h -Iz 1'-"" the~tlun-~1t~~o~r~le R;;ad, Suite 1002. Witness my band this X~ day of COMMONWEALTII OF PENNSYLVANIA, On this, the (.-~ day of J:\0.\...0~ personally appeared ....- \ +- L ~-<L c d ,.J~e, '--" person(s) wbose name(s) C/\...~.subscribed to tbe within instrument executed the same for the purposes herein contained. IN WITNESS WHEREOF, I bereunto set my band and official My Commission Expires: , do bereby certify tbat the correct address of Shiremanstown. PA 17011 /1'1L. Agem of Lender County ss: , lq q (0 . before me, the undersigned officer, .. ,... ~""" " ~. ,If.:s.."fJ () hn " ",''-- K.-C)~~-f.) ",...60..,,(., A- .tJ.1Il.1.W- known to me (or satis actorily proven) to be the acknowled ed tbat Tide of Officer l" Notarial Seal Ld:;p:~~~jnder, Notary Public My Commission EWP,! Oauch," County XD/res Dec. 14. 1996 M..rd:>e/, Pennsylv-olJ'iaAssoai.iiiOii 0/ NolarieS PtsNNSYLVANIA MORTGAGE (05011 Original - File M002-7PA Page 7 of 7 f,OD~1301 rml00B n nn 03!Hll3'-Q0002170-' 5 . . EXHIBIT" D" , "~~ -.- . ~. -~~"y"-","-" . . . . 035.103-00002170.5 NOTE 007 a 007-550 January 25. 1996 Date 13 West Pine St, Mt Holly Springs. PA 17065 Property Address 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay Fifty-One Thousand and 00/100 Dollars (U.S. $ 51.000.00 ) (this amount will be called "principal"), plus interest, to the order of the Lender. The Lender is TMS Mortgage Inc.. dba The Money Store . 1 understand that the Lender may transfer this Note. The Lender or anyone wbo takes this Note and who is entitled to receive payments under this Note will be called the "Note Holder." 2. INTEREST I will pay interest at an annual rate of 11. 490 t Interest will be cbarged on unpaid principal beginning on February 1. 1996 . and will continue until the full amount of principal has been paid. Interest shall continue to accrue at this rate after the maturity or default of this loan, and after the entry of any jndgment on this Note. 3. PAYMENTS I will pay principal and interest by making payments eacb month in the sum of U.S. $ 595.45 ("monthly payments"). I will make my monthly payments on the Fi rst day of each month beginning on March 1. 1996 I will make monthly payments every month until I have paid all of the principal and interest and any other fees or charges, described below, that I may owe under tbis Note. If, on February 1, 2011 . any sum still remains unpaid. I will pay wbat I owe in full on that date. All monthly payments received by Note Holder shall be applied first to accrued interest and the remainder, if any, to the principal. If I owe the Note Holder any late cbarges. or other fees or cbarges ("other cbarges"), they will be payable upon demand of the Note Holder. Unless probibited by law, the application of payments may be affected by tbe imposition of other cbarges. Therefore, payments of other cbarges. wbether paid to the Note Holder in addition to the monthly payment or separately, will be applied in a manner at the absolute discretion of the Note Holder, subject to applicable law. I will make my monthly payments at P.O. Box 1058. Newark.. NJ. 07101.1058 or at a different address if required by the Note Holder. 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Cbarge for Overdue Payments If the Note Holder bas not received the full amount of any of my monthly payments by the end of 10 calendar days after the date it is du~, I will promptly pay a late charge to tbe Note Holder. The amount of the cbarge will be 5 . 00 % of my full monthly payment. I will pay this late charge only once on any late monthly payment. (8) Default If I do not pay the full amount of eacb monthly payment on the date it is due, I will be in default. PENNSYlVANIA NOTE (ACTUARIAL) <9"2) M001.1PA Original - File Pege 1 0'3 Ethlbl+ )) - --~ ~ . .' , - "".'~ ..:. l.' ~ ,. --"""'_locl<1=;,."A,';;, . . (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which bas not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs aud Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees, foreclosure fees and court costs. (F) Check CoIlectioD Charges If I present the Note Holder with a check, negotiable order of withdrawal, share draft or other instrument in payment that is returned or dishonored for any reason, I will pay a check collection charge to the Note Holder. The amount of the charge will not be greater than U.S. $ 15.00 . 5. TIllS NOTE SECURED BY A SECURITY INSTRUMENT In addition to the protections given to the Note Holder under this Note, a Mortgage. Deed of Trust or security Deed (the "Security Instrument"). on real property (the "Property") described in the Security Instrument and dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. The Security Instrument describes how and under what conditions I may also be required to make immediate payment in full of all amounts I owe under this Note. Some of these conditions are as follows: Transfer of the Property or a Beneficial Iuterest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender'~ prior written consent, Lender may, at its option. require immediate payment in full of all sums secured by this Security Instrument. However. this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instmment. If Lender exercises this option, Lender shall give Borrower notice of acceleration. Tbe notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE Subject to the application of payments described in Section 3. I have the right to make payments of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only pm of the unpaid principal is known as a "partial prepayment. " If I make a partial prepayment equal to one or more of my monthly payments, my due date may be advanced no more than one month. If I make any other partial prepayment, I must still make each later payment as it becomes due and in the same amount. If the original principal amount of this loan is $50,000 or less, I may make a full prepayment or a partial prepayment without paying any penalty. However, if the original principal amount of this Note exceeds $50.000, and, if within the first NI A months from the date of this loan. I make any prepayment(s) within any 12 month period whose total amount exceeds 20 percent of the original principal amount of this loan, I will pay a prepayment charge equal to six months' interest on the amount by which the total of my prepayment(sl within that 12 lD()nth period exceeds 20 percent of the original principal amount of this loan. 7. BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as 'protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under this Note. or who signs this Note to transfer it to someone else, also waives these rights. These persons are known as "guarantors," "sureties" and "endorsers." PENNSYLVANIA NOTE (ACTUARIALI"4'2' MOOt-2.PA Original - File Page2af3 035-103.00002170.5 'l" ~ ~ ~ ,~ -W""'"",,,;-<\b <. -. . . . . 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail addressed to me at the Property Address described in the Security Instrument. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3. A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 9. RESPONSffiILITY OF PERSONS UNDER TIllS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor. surety, or endorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. Any person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to keep all of the promises made in this Note. This Note is intended by Lender and me as a complete and exclusive statement of its terms, there being no conditions to the enforceability of this Note. This Note may not be supplemented or modified except in a writing signed by me and the Note Holder. This Note benefits Lender, its successors and assigns, and binds me and my heirs, personal representatives and assigns. 10. APPLICABLE LAW This Note shall be governed by the laws of the State of Pennsylvania. If a law which applies to this loan and sets maximum loan charges is fmally interpreted so that the interest and other charges collected or to be collected in connection with this loan exceed the permitted limits, then: (Al any such interest or other charge shall be reduced by the amount necessuy to reduce the interest or other charge to the permitted limit; and (B) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me.. If a refund reduces principal, the reduction wilgbe treat as a partial p~ay~. ____ 11. BORROWER'S COPY . ' 7b L},M"0;~1 I hereby acknowledge receipt of a filled-in copy of this Note. V' ,-1f"'.J 5<;'. 11" :../l- rJJ . f ) r!J I L .i;s ,- . Roberts (Seal) .Borrower (Seal) (Seal) -Borrower -Borrower (Sign Original Note Only) Pay to the order of: TMS Mortgage Inc., dba The Money Store By ~~~J-,,} . L. BlJR(H, ASST. VICE PRESIDENl' PENNSYLVANIA NOTE (ACTUARIALlI94'2' MOO' -3PA Original - File Page 3 of 3 035.103.00002170.5 " ~-""l.-,,;,IJi;""j;;"""W't'l,~~1i..od~\}",l,"~l~~"0"",c_~_lifJtIW-- J_: ,iIj'-LJ_:U< ,,_ "u ,-::\.-",-,,<, ,,',",-- J "-.'.' "I"~' ,"'. ",_ " '-.,' ,_ .- h ., '" --.-;; "~==~iI1!I1~~~ . c - -" ~ ~-~"~"IU. ~'" o ~ ~~:_n Q:-~ r-' , <'~ '-.J i::~3 ~ .. ..> . (::J o ~q .:) "'::b! ., '-~J ~) .~i ..J ~~-) ( '-:,01 > :D -< I O"~ \J :1:: :"...J 1'\-",-) -o.J