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Home My WebLink About03-1632GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 -- THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. CARL E. HOLLINGSWORTH Mortgagor(s) and Real Owner(s) 5 Wayne Road Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Tcrrll CIVIL ACTION: MQR/GA(~E FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other tights important to you. YOU SHOULD TAKE THIS POPER 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Libe~ Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIBR OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIFACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIBDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243 -9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 COMPLAINT IN MORTGAGE FORECLOSURF, o Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., 7105 Corporate Drive, PTX B-35 Piano, TX 75024-3632. The name(s) and address(es) of the Defendant(s) is/are CARL E. HOLLINGSWORTH, 5 Wayne Road, Camp Hill, PA 17011, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On May 24, 2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1710 Page 366. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due December 01, 2002, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: o Principal Balance Interest from 11/01/2002 through 04/30/2003 at 8.2500% Per Diem interest rate at $13.57 Attorney's Fee at 5.0% of Principal Balance Late Charges from 12/01/2002 to 04/30/2003 Monthly late charge amount at $22.83 Costs of suit and Title Search Escrow Monthly Escrow amount $223.23 $60,065.27 $2,456.17 $3,003.26 $114.14 $900.00 $66,538.84 $0.00 $66,538.84 The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event ora 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. 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 tree 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 in the sum of $66,538.84, together with interest at the rate of $13.57, 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. GOLDBECICfl'/~eCA .I~RTY & MeKEEVER BY: JOSEPH,. GOLDB~CK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Michael D. Vestal, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are tree 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 unswom falsification to authorities. rate: cf_ 7 0..5 Michael D. Vestal COUNTRYWIDE HOME LOANS INC. DEVELOPMENT CORPORATION CALL # . ,* ...... '----~ ~.~ ~'~ , ED CUMBERLA~ P,~UC, AS RECORDED ~q CUMBERLAND COUNTY RECORDS, SITUATE ON TH ,. BOOK ~.AGE 86, . ,, __ _ E WESTERLY SIDE OF WAYNE ROAD ~FORMERLY AVENUE L ), CUMBERLAND PARK, TOWNSHIFOFLOWE -- . COMMONWEAL R ALLEN, COUNTY OF CUMBERLAND TH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO.WIT: UNDER AND SUBJECT TO SAID RESERVATIONS AND RESTRICTIONS AS CONTAINF. D IN PRIOR D~E~DS. J~un~- HOME LOANS · S~nd Corre~pendeme ~" ~ P/eno~ TX 7~6.0~8, · January 31, 2003 ' Cad E Holtngaworth' 5 Wayne Road. Camp HIII~ PA, 17011~000 ' Certified.Mall N0. '. RMum Receipt Requa~ed. Regu~r Mai~ .. EXHIBIT .A .. Property Address:. · . . '-' 5 Wayne Road ' · Camp.Hill, PA 17011-0000 .-. · .: CUrmre. Servlcer: . Co~nlG.~vlcle Home ~'oans Servicing LP .. ACT91 NOTICE- ,...- .. ."-.' -' TAKE.ACTION TO'SAVE ",-. :YO.UR HOME.FROM'... " ..-. .: .FORECLOSURE ... -.:".""" The HOMEOWNER'S; _M_F_I~qF:NCY MORTGAGE Aq-~!~'TANCE PROGRAM I'HI=MA=) may he ' ff ' I m rrH IT [' ' ' - DAY T ED . · . . . Notice ~....,,.~ important legal Information.. If you have any queetlona, repreaantative~ at the Consumer - Credit Counseling Agency may be able to help answer them. You may also wantto contact an attorney in Your .. area,. Thalocalba~___,_,,,_,,_~c_ iatlon maY be able to halp you find a. lawyer. :. . ... LA NOTIFICACION EN ADJuNm ES DE SUM.A. IMPoR~ANCIA~ PUNS AFECTA' aU DERECHO 'A 'C0'N~UAR' VIVIENDO EH SU CA~/L S! NO COMPRENDE EL CONTENIDO DE ESTA "OTIFJCACION OBTENGA UNA TRADUCCION ~m~.DU~t~. F. mE LUa~.DO ESTA-A~ENCU~ ~'ENNSYLV~A HOUSING FINANCE AGENCY) · SIN CARGOS AL NUMERO MENClONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRI~STAMO PO~ EL PROGRAMA-LLAMADO. ~'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CA8A DE LA PER .DIDA DEL D. ERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCYMORTGAGE ASSISTANCE pRoG~IAM ' UM E" F ' I I H ,VEY M ' ' L DE T IF YOU'COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S 'EMERGENCY MORTGAGE A~IsTANcE ACT OF 1983 (1'HE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: '' IF YOUR DEFAULT HA~ BEEN CAUSED BY CIRCUMS~I'ANCES '. 'BEYOND YOUR CONTROL, ..' .. .. IF YOU HAVE A REASONABLE' PROSPECT OF BEING ABLE TO PAY : YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENT~ ESTABLISHED BY .~I"IE PENNSYLVANIA HOUSING FINANCE AGENCY. Ple~ewdteyouracc~untnarnt~.m~Mlcheck~andco~,mependene~ - BREACHP~, 6/28f2000' * CountryWide: . P.O. Box 6608~4. . , · Dallas, TX 76266-0694 ' ' Ih-hl,l.,hl,ll,.ll;,Ih.,Ih,ld.,h,ll,l.,I.I.hll' .: 002150302'~,O000014'0568000140568 . TEMPORARY ~TAY OF FORECLOSUfll= - Under the Act, you am enfltisd to 8 temporary stay of. foreclceure on your mortgage for thirty-five (35) days from the data of this Notice. During that time you must arrange and attend a 'face-to- face' mesting with one of the consumer credit counseling agenc'ias listed at the end of this Notice. ~ T D F Y T~A T A E DEF LT" y . CONSUMER CREDIT COUIq_~;_L!NG AC_-~NC~=e~ _ if you mast with o~e of the consumer oredit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty-five (35) days after the date of this meeting. The names. ;rkJm-_ _,~.,~ and tele~dx~ numbers of deslom!,,d cottager c[,~,G;, counse;,u ac, e,-.~;~ for COu~N in which the ~,-oc. ertv Is '----~:.~_ are ast ;br[i, at the end of this No{;c~. It is only nacesasry to s~hedule one face-to- face masting. Advise your Imxler immediately of your intenfier~ APPUCATION FOR MORTGAGE ASSISTAN(~]= - Your mortgage is in default for the reasons set forth later in this Notice (see following Pages for specific Information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency' Mortgage Assistance Program. To do eo, you must fill out, slgn and file a complsted Homeowner's Eme~gancy Assistance Program Application with one of the designated consumer m~flt 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 submitti~g a complete application to the Pennsylvania Housing Finance Agency. Your applicaUon MUST be flted or postmarked within thirty4ive (35) days of your face-to-face meotlng. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ~- Available funds for emergency mortgage esalaame are very imited. They will be disbursed by the Agency under the eligibEty criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your applir, ation. During that time, no forecioeure proceedings will be pursued against you if you have met the t;me requirements set forth above. You w~ be notified directly by the Pennsylvania Housing Finance Agency of its decision m your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR ~IFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECTTHE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT - CoJmtrvwlde Home L,m~rm Servlcln,, I,P. (hereinafter "Couotrvwida_") services your home ban. Your home loan la in now required to serious default because you have not made your required paymen~ The total amount reinstate your home loan as of the date of this letter is as follows Monthly Pavm er~_. $680.00 Late Chamas: $22.84 $1,360.00 Other C-_,hame~ Uncollected Late Charge~ $45.68 Uncollected C, ost~ TOTAL DUE: $1,405.68 PAYMENT INS'rRUCTi~ie~ total b more thaa ~000, pbmm a~xl m~l*bd chedc) THE DEFAULT- You may cure th/s defauif within THINTY-FIVE (35) DAYS of the. date*Of tttH lelter,'by paying to us the above amount of $1,405.68, plu~ any* additional monthly paym~, late charges, fees end other applicable cfiarl~es which rn~y fall due during tliis pe~.. Such pm,/menl must be in the form of e,e~ifisd cheek, cadtleds che~k or moray order, and mede payable to Countrywide at P.O. Box 660694, Dallas, TX' 75266~:)694. If your check or* other, ppym.ent is returned to us for Insuffk~isrit funds or tot any other reason, y6u will not have cured your default. No extension of time to ~ure will be granted due toa retum,d pa~,manL ff you do not cure this default within ~rHIi~'TY-FIVE.i35) DAYS, we will accelerate the payments due on'your h~e loan. This means whetever is owing bn Ihe edgjrl~l ' · amount borrowed wil be considered due Immedletely and you may lose 'the .chance to pay off your hbrne loan in monthly ip.~tallment& If.the full payment of the arr~ in default is'~ot made*within · THIRTY-FIVE (35) DAYS, We also Intend to immedlete, ly st~.rt a lawsuit to fore~31ose on .your mor!gaged property...' IF 1'HE MORTGAGE IS FORECLOSED UPC~ - If the 'mdrtgage is f~l, the mo~gag~d property will b~ sold by the Sheriff to pay off the mortgage debt..If the default is cured before we b~gin.lagal'proceed~gs, Countnjwide will be enti~l~,d to colle~-t th~..reasonable att~s fees actua~ Inclzred, up to $50.00. However, If legal prdcesdidgs am · - ......... ~,,=u,u ~. ~r you cure me default within the (35) DAY pedod, .you will no[ be required to pay attorney's fee&. YOU HAVE THE *RIGHT TO **' REINSTATE AFTER ACCELERATION AND RIGHT TO. ASSERT IN THE FORECLOSURE P~O~EEDING .THE · ,NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE 'YOU MAY NAVE TO ACCELERATION AND · FORECLOSURE. . sums due undei' the mortgage. . . RIGHT TO CUF~ THE DEFAULT PRIOR TO FOD~.,3_.i_OSURE $.~, '_ [~ YOU ha~'e not C~r~l the default within the THIRTY-FIVE (3o~ DAY pei-;~d and'foreclosure proceedings have begun, you ~ have the'rig~ to cure the default'and prevent the sale at any time lip-to one hour before the ~oreckmure sale.. You may do so by paying the total amount then past due, plus arb/late' or other charges ihen due, reasonable' attorney's fees'and C(:mt~ (xxlrtect ,ecl. With the foreclosure .sale and any nther costs connected with the foreclosure sale as R3eclfisd fn wrltfng by the lenddr, and by perform, lng other requirements under.the mortgage. Curing yom' default !, the · · mortgage to, the.aame poaitio, n'ae if you had never defauEed, md~rmer ,,et fo/th inthl~ notice will raatore your EARUF. ST POSS_RLE FORECLOSURE SAlE DATr' -'1~ id estimated that the eadle~t date' tha~ ~ f0melueure sale could be heM. would be approx~ately six (~) rnonths~-rom the date of this le(ter. A nolice of the date of 'the foredlasure . sale. wil be esnt to you before the aefe. You re.ay find out at any time execffy what the' uired . · · _us_~-the fo .~o~ .rig n .u~3er: 1-800-64t.530E.. flys entm . . .. req Pa_~y_m_ent w~ll._be, by calling m . . paym ust be ~n the form of a us,.~lar' onay order ar~ mm3e payable to us at t - . . . s check, ~ermmd check or to the m~ne ,,,,-"~,- -- ,, -- -~ ....... he addr.~., stated above../f the default ia ~, the mortuaae w~l h~ any calendar year . . . . oweve, Ihe default may not be cured more than three (3) time~ In HOW TO'C.OmrACT THe LIE~_n_~R; ~' Counfo~fde I'[ome /.'oen~ Ser~/clng /..p '.' ' ' Address; P. O. Boz 102;~Zl'.Van Nuy~; CA '914t0-0221 " ' .~. '/.-~'/-..K~02 : " · ~ . .;.e~.$;,7.e,~.~' "" .. ~ Ho./~,-~,,/a,~ C.,,/~ /"S $~'.~ ... .... .'. 'Atlent/on: Lo~n CouneelOr EFFECT OF FOH_~¢L0~URE S.n, ~:..You should realize that a foreclosore sale Wil 'end your owner~ip of the ' mort~gad properly and yoUr right to r&rmin in lt.'/f you continue to lye tn theproperty, after I~e Sheriff's~ale, a lawsuit to remove. YOu and yo~: furnishinge and nt.her belongir~g~ could be e,arted by Cou~lzT~Me at .any lime.. . .ASSUMPTION OF MORI'~,~ :- O. ontact Couut~Twlde ~[m~e l'.oau~ f. or into~matlon.on the pomible amurnability of ' your loan. . YOU'MAY AL-_e,O ·HAVE THE RI~HT- ' TO SELL THE P,qOPERTY'TO 'OBTAIN MONEY' TO' PAy OFF THE MORTGAGE DEBT OR '. '" TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. - T.O HAVE THIS DEFAULT OURED B"Y ANY THIRD PARTY AOTING ON YOUR BEHALF. .'. TO HAVE 'I;HE MORTGAGE'RESTORED TO THE SAME PosITIoN A~ IF NO DEFAULT ' YEAR.) ' MORE THAN THREE'TIMES IN ANY OALENDAR TO ASSEBT THE. NONEXISTENCE OF A DEFAULT'IN ANY "FORE~.LO~uRE PROOEEDING OR ANY OTHER .I.-AWSU/T 'INST~UTED UNDER' THE MORTGAGE DOOUMENTE~. · . ' TO ASSERT ANY OT~EI~ D~FENSE YOU'BELIEVE YOU MAY'HAVE TO SLIOH'AOTION · SY THE LENDER. . ' TO SEEK PROTEO~"ION UNDER THE FEDERAL BANKRUPTCY LAW. Puraumlt.. to yo. ur home loan doct~ni~nts, and because the'home Ioan'is ii~ do~aulL 'Oo,.g, .... ' ' . . . - upon aha conauc~ an inapsotion of the prupe,~, The ,,.;;:ZZZ .., ....... :...-,,.~.. ,,,,~,,Ide .may~ at IfsOptl0n, oocumen~. · . -~,.~., ,,F.~ ms pmvmecl unesr the' terms of the Ilome loan I~ you am unable to cure your default on or before March 7, 2003, Countrywide wanls you to be aware of various options that may be available to you through Countrywide to prevent a loreclosure sale of your property. For e~ample: · J~I~tY.a]~3LEIP. B It is possible that you may be eJiglble for some form ot' payment a~tance through Countrywide. Our basic plan requires that Count~vid® receive, up front, at least ½ of the amount rmcesaary to bring the accounl current, arid that the balance of the overdue amount be paid, alor',g with the regular monthly payment, over a defined period of time. O~'her repayment plans a~o are available. · Loan Mm:liflcmlnp_: Alternatively, il is POSSa3~e that the regular monlhly Payments can be lowered through a modification of the loan by reducing the Interest rate anti than adding the delinquent payments to the curren~ loan balance. TI~ foreclosure a/ternative, however, is Jim#ed to certain loan type& the sale of your home can be if you am vailing to sell your home Jn order to avoid foreclosure, It is poaalb~e that aPPr°ved thr°ugh Cou~G~de even If your home is worth lea8 than what is owed on it. · P-~-~L-ID:J=JI~ Alternatively, if your property Js free from other Fens or enoumbranoe8, and I~ the defauJt is due to a serious finareial hardship which ia beyond your control, you may be eligible Io deed your properly dlmclly to the If you am inlereeled In dlaouaalng foreclosure alternatives with Count~ywide, you muat contact us immediately. If you request assistance, Counbywicle will detemline, In its sole discre~lon, whether such ~nc'e will be extended to you. In the meanlime, Countrywide will pursue all of its r'~lhts and remedies under the home loan documents and aa perm#ted by law, unless It agrees othenvlse In wrying. Please be advised that failure to bring the home loan current or Io enter Inlo a written agreement aa outlined above w~l result in lhe acceleration of the del~. T~rne ia of the eeam3ce, Should you have any questions concerrf~g thi~ notice, please contact CountrywUe's office immediately at 1-800-641-5302, extension 4630. Heloc-Unlfled Coil Loan Counselor 1-800-641-5302, extension 4630 Please be advised that this commtmication is from a deb~ collector. SHERIFF'S RETURN - REGULAR CASE NO: 2003-01632 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGiSTRATi VS HOLLINGSWORTH CARL E ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOLLINGSWORTH CARL E DEFENDANT at 5 WAYNE ROAD at 2738:00 HOURS, on the the 29t_____h day of A r_~_~__ _, 2003 CAMP HILL, PA 17011 CARL HOLLINGSWORTH by handing to a true and attested copy of COMPLAINT _ MORT FORE together with and at the same time directing Hi__~s attention to the contents thereof. Sheriff,s Costs: Docketing Service Affidavit Surcharge 18.00 10.35 .00 10.00 .00 38.35 Sworn and Subscribed to before me this 6~--- day of - ~ ~%~3.~_ A.D. ~rot~0notary, ~ So Answers: R. Thomas Kline -- 04/30/2003 GOLDBECK MCCAFFERTY MCKEEVER In the Court of Common Pleas of Cumberland County MORTGAGE ELECTRONIC REGISTRATION SYSTEMS 1NC. 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 VS. CARL E. HOLLINGSWORTH (Mortgagor(s) and Record Owner(s)) 5 Wayne Road Camp Hill, PA 17011 Plaintiff Defendant(s) No. 03-1632 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 the Judgment in favor of Plaintiff and against CARL E. HOLLINGSWORTH by default for want of an Answer. Assess damages as follows: Debt $67,205.57 Interest - 11/01/2002 to 05/31/2003 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN 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 praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A. qo~J~c~, J~r. Attorney fo~ I.D.#16132~/ ] ~ AND NOW ~dd~.,_A.~, ~ ~, Judgment is entered in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. and against CARL E. HOLLINGSWORTH by default for want of an Answer and damages assessed in the sum of $67,205.57 as per the above certification. Pr~'(h-o~ot ary - THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 20, 2003 TO: CARL E. HOLLINGSWORTH 5 WaYne Road Camp Hill, PA 17011 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. CARL E. HOLLINGSWORTH (Mortgagor(s) and Record Owner(s)) 5 Wayne Road Camp Hill, PA 1701 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Terln No. 03-1632 TO: CARL E. HOLLINGSWORTH 5 Wayne Road Camp Hill, PA 17011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIT fEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENIERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAW~t'ER 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: · Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourne Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 GOLDBE~K McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. CARL E. HOLLINGSWORTH (Mortgagor(s) and Record owner(s)) 5 Wayne Road Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1632 ORDER FOR JUDGMENT Please enter Judgment in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., and against CARL E. HOLLINGSWORTH for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $67,205.57. Joseph A. £ Attorney fo I hereby certify that the above names are correct and that the sidence address of the judgment creditor is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 and that the name(s) and last known address(es) of the Defendant(s) is/are CARL E. HOLL1NGSWORTH, 5 Wayne Road Camp Hill, PA 17011; GOLDBEC~ERTY & McKEEVER BY: Joseph A~lFaql~b{ck, Jr. Attorney for PlaintJff{ 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, CARL E. is about unknown years of age, that Defendant's residence is 5 Wayne Road, Camp Hill, PA 17011, and in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval HOLLINGSWORTH, last known is engaged 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 Date: and its Amendment~ E5 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. CARL E. HOLL1NGSWORTH Mortgagor(s) and Record Owner(s) 5 Wayne Road Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1632 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 11/01/2002 to 05/31/2003 at 8.2500% (Costs to be added) $67,205.57 GOLDBECK M, BY: Joseph A. Attorney for Plak & McKEEVER ALL THAT CERTAIN PIECE OR PARCEL OF LAND, WITH THE BUILDING AND IMPROVEMENTS THEREON ERECTED, BEING KNOWN AS LOT NO. 111 ON REVISED PLAN OF LOTS LAID OUT FOR ALLEN PARK DEVELOPMENT CORPORATION, CALLED "CUMBERLAND PARK", AS RECORDED IN PLAN BOOK 4, PAGE 86, CUMBERLAND COUNTY RECORDS, SITUATE ON THE WESTERLY SIDE OF WAYNE ROAD (FORMERLY AVENUE "L"), CUMBERLAND PARK, TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT ON THE WESTERLY SIDE OF WAYNE ROAD, (FORMERLY AVENUE "L") 50 FEET WIDE AT A DISTANCE OF 450.02 FEET MEASURED SOUTH 26 DEGREES 26 MINUTES 30 SECONDS EAST FROM THE INTERSECTION OF THE SAID SIDE OF WAYNE ROAD (FORMERLY AVENUE "L' WITH THE SOUTHERLY SIDE OF CUMBERLAND DRIVE (FORMERLY AVENUE "F") 50 FEET WIDE BOTH LINES PRODUCED; THENCE ALONG THE WESTERLY SIDE OF WAYNE ROAD (FORMERLY AVENUE "L"), SOUTH 26 DEGREES 26 MINUTES 30 SECONDS EAST, A DISTANCE OF 1.30 FEET TO A POINT OF CURVE; THENCE STILL ALONG THE SAID SIDE OF WAYNE ROAD (FORMERLY AVENUE "L") IN A SOUTHERLY DIRECTION ALONG A LiNE CURVING TO THE RIGHT HAVING A RADIUS OF 239.44 FEET TO THE ARC DISTANCE OF 70 FEET TO A POINT; THENCE ALONG LOT NO. 112 SOUTH 68 DEGREES 55 MINUTES 30 SECONDS WEST A DISTANCE OF 110.32 FEET TO A POINT; THENCE ALONG OTHER LANDS OF ALLEN PARK DEVELOPMENT CORPORATION NORTH 26 DEGREES 26 MINUTES 30 SECONDS EAST, A DISTANCE OF 60 FEET TO A POINT; THENCE ALONG THE LOT NO. 110 NORTH 63 DEGREES 33 M1NUTES 30 SECONDS EAST A DISTANCE OF 120 FEET TO THE FIRST MENTIONED POINT AND PLACE OF BEGINNING. UNDER AND SUBJECT OT SAID RESERVATIONS AND RESTRICTIONS AS CONTAINED IN PRIOR DEEDS. WRIT OF EXECUTION and/or ATTACItMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1632 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION, Plaintiff (s) From CARL E. HOLLINSWORTH, 5 WAY]NE ROAD, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fi.om paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $67,205.57 L.L. $.50 Interest FROM 11/1/02 TO 5/31/03 AT 8.2500% Atty's Comm % Due Prothy Atty Paid $120.35 Other Costs Plaintiff Paid Date: JUNE 3, 2003 (Seal) Prothonotary Deputy $1.00 CURTIS R. LONG REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK McCAFFERTY & MeKEEVER SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Goldbeck McCafferty & McKeever BY: Josepfl A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 7105 Corporate Drive PTX Bo35 Plano, TX 75024-3632 Plaintiff VS. CARL E. HOLLINGSWORTH (Mortgagor(s) and Record Owner(s)) 5 Wayne Road Camp Hill, PA 17011 Defendant(s) 1N TItE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1632 AFFIDAVIT PURSUANT TO RULE 3129 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS 1NC., 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: 5 Wayne Road Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): CARL E. HOLLINGSWORTH 5 Wayne Road Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: CARL E. HOLLINGSWORTH 5 Wayne Road Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND CO'[JNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: COUNTRYWIDE HOME LOANS INC. 03-1632 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. CARL E. HOLLINGSWORTH Mortgagor(s) and Record Owner(s) 5 Wayne Road Camp Hill, PA 17011 Defendant~ THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-1632 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: HOLLINGSWORTH, CARL E. CARL E. HOLLINGSWORTH 5 Wayne Road Camp Hill, PA 17011 Your house at 5 Wayne Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2003, at 10:00 AM, in Commissioners He~rring Rm 2nd FL Courthouse to enforce the court judgment of $67,205.57 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to MORTGAGE ELEC~IR. ONIC REGISTRATION SYSTEMS INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 WRIT OF EXECUTION and/or ATTACII[MENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1632 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECT RONIC REGISTRATION, Plaintiff (s) From CARL E. HOLLINSWORTH, 5 WAYNE ROAD, CAMP HILL, PA 17011 (1) You are dkected to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereofi (3) If property of the defendant(s) not levied upon an subject to attachraent is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $67,205.57 Interest FROM 11/1/02 TO 5/31/03 AT 8.2500% Atty's Comm % Atty Paid $120.35 Plaintiff Paid Date: JUNE 3, 2003 (Seal) Prothonotmy Deputy L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Goldbeck McCafferty & McKeever BY: Josepfi A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. CARL E. HOLLINGSWORTH (Mortgagor(s) and Record Owner(s)) 5 Wayne Road Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1632 AFFIDAVIT PURSUANT TO RULE 3129 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS 1NC., 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: 5 Wayne Road Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): CARL E. HOLLINGSWORTH 5 Wayne Road Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: CARL E. HOLLINGSWORTH 5 Wayne Road Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: COUNTRYWIDE HOME LOANS INC. 4500 Park Granada MS CH-11 Calabasas, CA 91302-1613 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the propex~y which may be affected by the sale. TENANTS/OCCUPANTS 5 Wayne Road Camp Hill, PA 17011 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or infomtion and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: May 31, 2003 (~ 03-1632 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 7105 Coxporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. CARL E. HOLLINGSWORTH Mortgagor(s) and Record Owner(s) 5 Wayne Road Camp Hill, PA 17011 Defendant(sl IN THE COURT OF COMMON PLEAS of Cumberland County CML ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-1632 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: HOLLINGSWORTH, CARL E. CARL E. HOLLINGSWORTH 5 Wayne Road Camp Hill, PA 17011 Your house at 5 Wayne Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2003, at 10:00 AM, in CommXssioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $67,205.57 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAI,~ To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., the back payments, late charges, costs and reasonable attorney's fees due. To fred out how much you must pay call: 215-627-1322 03-1632 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 attomey). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fred out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid fbr your house. A schedule of distribution of the money bid for your house will be filed by the Sherift'thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES 1NC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. CARL E. HOLLINGSWORTH Mortgagor and Record Owner 5 Wayne Road Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1632 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ( ( Personal Service by the Sheriffs Office/~ (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). Certified mail by Sheriff's Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of 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 herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, 5!s.e/Oh a~Goldb~~ A?~rney l~or~P'la~¢nti ffeck' Jr' 7160 5901 9844 4264 6563 TO: HOLLINGSWORTH, C/~RL E. , CARL E. HOLLINGSWORTH 5 Wayne Road Camp Hill, PA 17011 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER May 31,2003 REFERENCE: HOLLINGSWORTH, CARL E. / CWD-262 09/03/03 - Cum'~er~.d PS Form 38001 June 2000 RETURN [ Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Deliver7 Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail AFFIX POSTAGE TO MAIL PIECE TO COVER FIRST CLASS' POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAl' SERVICES. 1~ Detach the form 3811, Domestic return receipt by tear- ing left to right across perf. Attach to mailpiece by peeling back the adhesive stdps and affixing te front of mailpiece if space permils. Otherwise affix to back of mailpiece. 2. If you do not want the receipt postmarked, stick the article # label lo the right of the return address, date receipt and retain the receipb 3. If you want this receipt postmarked, slip the 3800 receipt between lhe return receipt, and the mailpiece, and slide the edge of the receipt to the gummed edge of adhesive. This will hold the receipt in place to present to your mailcenter, or post office service window~ (SEE ILLUSTRATION) 4. Enter fees for the services requested in the appropriate spaces on the front of this receipt, 5 Save th~s receipt and present it if you make an inquiry o~ Mortgage Electronic Registration Systems, Inc. VS Carl E. Hollingsworth In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1632 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 01, 2003 at 8:42 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Carl E. Hollingsworth, by making lcnown unto Carl E. Hollingsworth, personally, at 5 Wayne Road, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the sanle. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 3:29 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Carl E. Hollingsworth located at 5 Wayne Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Shefiffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Carl E. Hollingsworth, by regular mail to his last known address of 5 Wayne Road, Camp Hill, PA 17011. This letter was mailed under the date of July 7, 2003 and never returned to the Sheriffs Office. Sworn and subscribed to before me This 2003, A.D. __day of Prothonotary So R. Thomas Kline, Sheriff Real Estate 0j~puty Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. CARL E. HOLLINGSWORTH Mortgagor and Record Owner 5 Wayne Road Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1632 AFFIDAVIT PURSUANT TO RULE 3129 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 5 Wayne Road Camp Hill, PA 17011 1 .Name and address of Owner or Reputed Owner: CARL E. HOLL1NGSWORTH 5 Wayne Road Camp Hill, PA 17011 2. Name and address of Defendant in the judgment: CARL E. HOLLINGSWORTH 5 Wayne Road Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: COUNTRYWIDE HOME LOANS INC. 4500 Park Granada MS CH-11 Calabasas, CA 91302-1613 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 5 Wayne Road Camp Hill, PA 17011 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: July 30, 2003 G~2~DBrE,~K,/?CAFFERTY & McKEEVER Joseph A. (Joldbeck, Jr., Esq. Mmrney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in mad for said County and State do hereby certify that the Sheriff's Deed in which FEderal Natl Mtg Assoc is the grantee the same having been sold to said grantee on the 3rd day of _S~_t A.D., 2003, under and by virtue of a writ Execution issued on the 3rd day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 1632, at the suit of Mortgage Electronic Reg Systems lnc against Carl E Hollingsworth is duly recorded in Sheriff's Deed Book No. 259, Page 3025. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this [~ day of (5~,~/~ , A.D. 2003 '~ '~' ,e°4aJ-,~, d-~orderofDeeds Mortgage Electronic Registration Systems, Inc. VS Carl E. Hollingsworth In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1632 Civil Term Valerie Weary, Deputy Sheriff; who being duly sworn according to law, states that on July 01, 2003 at 8:42 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Carl E. Hollingsworth, by making known unto Carl E. Hollingsworth, personally, at 5 Wayne Road, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the sanle. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 3:29 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Carl E. Hollingsworth located at 5 Wayne Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Carl E. Hollingsworth, by regular mail to his last known address of 5 Wayne Road, Camp Hill, PA 17011. This letter was mailed under the date of July 7, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvarda on September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage .Association of Two Galleria Tower Suite 600, 13455 Noel Road, Dallas, Texas 75240-5003, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $825.17. Sheriff's Costs: Docketing $30.00 Poundage 16.18 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 17.94 Levy 15.00 Surcharge 20.00 Law Journal 297.95 Patriot News 263.20 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 825.17 Sworn and subscribed to before me So Answer. s; This ~ day of ¢~ ~~f.~e.~ 'f~/z~ ~Q. R. Thomas Kline, Sheriff 2003, A.D. -~tc)-b~, '~' ~ i ~ Frothonotary BY ;!T ~ !~, [:~¢ Real Estate Deputy Goldbeok McCaf£erty & MoKeeve~r.~. BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. CARL E. HOLL1NGSWORTH (Mortgagor(s) and Record Owner(s)) 5 Wayne Road Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1632 AFFIDAVIT PURSUANT TO RULE 3129 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiffin 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: 5 Wayne Road Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): CARL E. HOLLINGSWORTH 5 Wayne Road Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: CARL E. HOLLINGSWORTH 5 Wayne Road Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the proper~ to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: COUNTRYWIDE HOME LOANS INC. GOLDBECK McCAFFERTY & McKEEVER BY: loseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. CARL E. HOLLINGswORTH Mortgagor(s) and Record Owner(s) 5 Wayne Road Camp Hill, PA 1701 tD - 1032 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-1632 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEM]?TING 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: HOLLINGSWOR'I~I, CARL E. CARL E. HOLLINGSWORTH 5 Wayne Road Camp Hill, PA 17011 Your house at 5 Wayne Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $67,205.57 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT 'IHIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., the hack payments, late charges, costs and reasonable atlomey's fees due. To f'md out how much you must pay call: 215-627-1322 Real Estate Sale # 43 On June 6, 2003 the sherifflevied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA known and numbered as 5 Wayne Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 6, 2003 By: 0 Real l~tate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day{s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin Jn Miscellaneous Book 'M", Volume 14, Page 317. PUBLICATION COPY S A L E #43 My Commission Expires June 6, 2006 Mem~r. Pennsytvania Associate O~ N~a~ Y commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ~ ,~gIY,~c~l ~e~[., CARLISLE, PA. 17013 ;,~o~.~,,.~ ~~ Statement of Advertising Costs ' ~1~1 i;4:1~,~ ToTHE PATRIOT-NEWS CO., Dr. ! _.C~-~m~ ~IT~ ~ ~' For publishing the notice or publication attached ~_. ~"L~,oadad,=~ hereto on the above stated dates $ 261.45 ~l;~d~ :Cea~o~w~lth of Probating same Notary Fee(s) $ 1.75 ~. ,i~ ,ae~'"folj~", Total $ 263.20 Z~A~"L')~'~.'~ Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday 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. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January. 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 18, 25, 2003 AUGUST 1, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 43 Writ No. 2003-1632 Civil Mortgage Electronic Registration Systems Inc. VS. Carl E. Ho]lingsworth Atty.: Joseph Goldbeck ALL THAT CERTAIN piece or par- cci of land. with the building and improvements thereon erected, be ing knoval as Lot No. 111 on rev/sed plan of lots laid out for Allen Park Development Corporation, called 'Cumberland park", as recorded in Plan Book 4, page 86. Cumberland County Records. situate on the west- erly side of Wayne Road {formerly Avenue 'L'}, Cumberland Park. Township of Lower Allen, County of Cumberlaild and Commonwealth of S~~Cu°BY~ec'R~before me this 1 dayof AUGUST, 2003