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Home My WebLink About00-08022 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 NOVEMBER 30, 1997 SERIES 1997-D c/o Rosicki Rosicki & Associates P.C. One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE Term G ('--r- No. 00 - cPC~~ LO\\ I~ DANIEL J. BARTOSIC AND WENDY L. BARTOSIC (Mortgagor(s) and Real Owner(s)) 9 Cavan Crossing Enola, PA 17025 CIVIL ACTION: MORTGAGE FORECLOSURE 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 aga~nst 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 RAN 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, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: 8I USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONE8 DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DlNERO, PROPIEDAD U OTR08 DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA 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 '~i' ," "'-','" ",n"".' h"1 ~ - C' 't, _,' _"'~, ~ '1- ,. - .r COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 30, 1997 SERIES 1997-D, c/o Rosicki Rosicki & Associates P.C., One Old Country Road, Suite 429, Carle Place, NY 11514. 2. The name(s) and address (es) of the Defendant(s) is/are DANIEL J. BARTOSIC, 9 Cavan Crossing, Enola, PA 17025 and WENDY L. BARTOSIC, 9 Cavan Crossing, Enola, PA 17025, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described. 3. On November 24, 1997, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FAIRBANK MORTGAGE BANKERS CORP., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1421, Page 974. By Assignment of Mortgage dated November 15, 1998, the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 598, Page 1146. 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 August 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. 6. The following amounts are due on the mortgage: Principal Balance Interest from 7/ 1/00 through 11/30/00 at 12.990% Per diem interest rate at $70.18 Attorney's Fee at 5% of Principal Balance Late Charges 8/ 1/00-11/30/00 Monthly late charge amount at $109.92 Costs of suit and Title Search $ 197,207.26 10,667.36 9,860.36 439.68 560.00 $ 218,734.66 Escrow Balance Monthly Escrow amount $ $ 218,734.66 ~ "'.e. ~~ ___ ~___~ t-, _ "'~'_ '-'N" Cie.J 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 $218,734.66, together with interest at the rate of $70.18, 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. "<;~n. ~~~. c,,"- ,,'<-".~" _"=,,,"' ,_..= .~." ~ ,. , -,'- - VERIFICATION I Joseph A. Goldbeck Jr. as the attorney for the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: ( (-3-0lJ '"'~_-". O'C_> - . _"','~'_"'_~" ~--r-- ~,,- -,- ""'r.-.>':. - ,-, ",- _ , r~_ ,>< - Lel!al Descrintion: ALL THA T CERTAIN lot or tract of land situate in East Pennsboro Townsbip, Cumberland County, Pennsylvania, more particularly bonnded and described as follows, to wit: BEGINNING at a point on the northern dedicated rigbt of way line of Wetherburn Road (50' wide) at the western extremity of an arc connecting the western right of way line of Cavan Crossing and tbe northern right of way line of Wetherburn Road; thence by the northern rigbt of way line of Wether burn Road North 74 degrees 01 minutes 02 seconds West, 75.00 feet to a point; tbence by line of Lot #58 Nortb 15 degrees 58 minutes 58 seconds East, 80.96 feet to a point; tbence by otber lands of Logans Run Pbase In North 43 degrees 57 minutes 06 seconds East. 80.00 feet to a point on tbe southern rigbt of way line of Logans Run (50' wide); thence by said rigbt of way line Soutb 46 degrees 02 minntes 54 seconds East, 61.96 feet to a point; thence by tbe western rigbt of way iine of Cavan Crossing by a curve to the rigbt having a radius of 25.00 feet and an arc lengtb of 32.95 feet to a point; thence by same by a curve to the left baving a radius of 175.00 feet and an arc length of 41.21 feet to a point; thence by same Soutb 15 degrees 58 miuutes 58 seconds West, 28.82 feet to a point; thence by the northern right of way line of Wether burn Road by a curve to the right baving a radius of25.00 feet and an arc length of39.27 feet to a point, tbe place of BEGINNING. CONTAINING 12,815 square feet. BEING Lot #59 on the Final Subdivision Plan of Logans Run, Phase II recorded in Plan Book 68, Page 50. < ~. -,' '-. ,- . ,-, _fC, -".'- , , ~~ ~\.i "{'"" f ~ l '" (' ~~! -'l~", EXHIBIT A 'J'HE MoNEY S'rORF P 931 140 125 September 06 2000 NFCL4023 I 862 11"1~"III"III:IIIII"IIlIIlIl'~IIIII"IIIIIIIII!IIIIIIIIII"II"IIIII!1111111 0040231862NFCL Dan el J Bartos c 9 Cavan Cross ng Enola PAl -025 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE ThIS IS an officIal not ce that the mort28!!e on your home SID default. and the lender ntends to foreclose Specific nformation about the nature of the default IS orov ded n the attached oaees The Homeowoers Emereencv Mortl!aee Asslstaoce Proeram IHL'\fAP) mav be able to hel" to save vour home ThIS not ee eXlllams how the llroeram works To see IfHEMAP cao helll vou. vou must MEET WITH A CONSUlI-lER CREDIT COUNSELI'IG AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take thiS NolIee WIth vou when voU meet WIth the counsehne 3!!enCV The name. address. and ohane number of Consumer Credit Counsehng: A1!encu~s servin,!! vour county are hsted at the end of this Not ce If vou have anv QuestIons. vou mav call the Peonsvlvan a Housm!! Fmance Aeencv toll free at 1-800-342-2397 (oersons WIth ImDalred hear n!! can call 717-'180-1869'- ThIS notIce conts ns mportant legal mformatloo If you have any questIons representat ves at the Consumer Credit Counsehng Ageney may be able to help explslD It You may also want to eontact an attorney 1ft your area The Ioeal bar assoemtlOB may be able to belp you find a lawyer La NotlficalOD en adlunto es de suma moortancla. Dues afeeta su derecbo a eontmuar VIV eodo eo su casa 51 no comorende el conteoldo de esta not fe on obten2a una traducclon Immedl8tamente llamando esta ae:enc a (Pennsv]v3ma HOUSIDI! F nance ARencv) SIn C8l1!.{)S al numero menclOnado arnba Puedes ser ele~!lble oara un orestamo nor el DrQ2rama Uamado' Homeowners Ememencv Mort!!a!!e Ass stance Pro!!ram' aI cual ouede salvar Sn casa de la nenbda del derecho a red mlr so h ooteen HOMEOW'lER S NAME(S) PROPERTY ADDRESS LOA'! ACCOUNT NUMBER CURRENT LE"'DERlSERVICER Damel J BarlOSlC 9 Cavan Cross ng Euola P A 11025-0000 40231862 TMS Mortgage Ine The Money Store POBox 96053 Charlotte NC 28296-0053 Phone 1-800--795-5125 Ext 10302 "" H f"p "" ->~, . n . ~ . Page two 'lFClA023 1862 HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSIST -\ 'ICE WHICH CA'I SAVE YOUR HO'\1E FRO'\1 FORECLOSURE A "liD HELP YOU MAKE FUTURE MORTGAGE PAY\1ENTS IF YOU COMlPL Y WITH THE PROVISIO'I OF THE HOMEOWNERS' EMERGENCY MORTG-\GE ASSISTA'ICE ACT OF 1983 (THE ACT) YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE -\SSIST -\ 'ICE IF YOUR DEF AUL T HAS BEEN CAUSED BY CmCU"lSTA'ICES BEYOND YOUR CO'lTROL IF YOU HAVE A RE-\SONABLE PROSPECT OF BEI'IG ABLE TO PAY YOUR MORTGAGE PAYMENTS AND IF YOU MEET OTHER ELIGIBILITY REQUlREME'ITS ESTABLISHED BY THE PE'I'ISYLV ANIAHOUSING FI'IANCE AGENCY TEMPORARY STAY OF FORECLOSURE- Under the Act you are en! tied to a temporary stay ofthe foreclosure on your mortgage for THIRTY (30) days from the date of thIS Not ce Dur ng that tune you must arrange and attend a face-to-face meetmg w th one of the deSIgnated consumer counsehng agencIes I sted at the end ofth s'lottce THIS MEETING '\1UST OCCUR WITHIN THE NEXT THIRTY (30) DAYS IF YOU DO 'lOT APPLY FOR EMERGENCY MORTGAGE ASSIST A'lCE. YOU "lUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED HOW TO CURE YOUR '\10RTGAGE DEFAULT EXPLAINS HOW TO BRNG YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELI'IG AGENCIES- If you attend a face-to-face meetmg w th one of the consumer cred t counselmg agenc es hsted at the end of thIs 'lottce the lender may NOT take further actton aga nst you for THIRTY (30) days after the date of thIs meet ng The names. addresses and teleohone numbers of des !!IIated consumer counsel ng agenc es for the county m whIch vour orOPertY s located are set forth a!tbe end ofthls 'lot ce It IS only necessary to schedule one face-to-face meet ng You should adv se th s lender Immedlatelv of your ntent ons APPLICATION FOR MORTGAGE ASSIST ANCE- Your mortgage IS m default for the reasons set forth later m thIS Not ce (see followmg pages for spec fc nfonnat on about the nalUre of your default) If you have tr ed and are unable to resolve th s problem WIth the lender you have the r ght to apply for f nanc al assIstance from the Homeowners Emergency 'lAortgage Ass stance Fund In order to do thIS you must fll out and SIgn and file a completed Homeowners Emergency Ass stance Appl cat on w th one of the deslgDated consumer cred t counsel ng agenCIes 1 sted at the end ofth s'lot ce Only consumer credIt counsel ng agenCIes have appl cat ons for the program and they w 11 ass st you n subm tt ng a completed appl calIon to the Pennsylvama Hous ng F nance Agency Your apphcanon MUST be filed or posnnarked w th n THIRTY (30) days of your face-to-face meetmg YOU MUST FILE YOUR APPLICATIO'l PROMPTLY IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECWSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY MiD YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED AGENCY ACTIO'l- Ava lable funds for emergency mongage ass stance are very Imllted They w 11 be dIsbursed by the Agency under the ehglblhty cntena estabI shed by the Act The Pennsylvan a HOUSIng finance Agency has SIXTY (60) days to make a decISIon after It receIves you apphcat on Our ng that addll10naI tune no foreclosure proceedmgs w 11 be pursued agamst you f you have met the tune requlfements set fonh above You Will be nOl1tied directly by the Agency of Its deCISion on your apphcat on NOTE IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITIO'l I" B",NKRUPTCY THE FOLLOWING PART OF TIDS l\OTICE IS FOR INFORMATION PURPOSES ONLY A "liD SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (Jfyou have filed bankruptcy you can stilI apply for Emergency Mortgage AssIstance) 'w 'P ,-, "-7 . 'f. '" " ~,- ,~, Page three 'JFCL4023] 862 HOW TO CURE YOUR MORTGAGE DEF AUL T (Bnn2 It UD to date) NATURE OF THE DEFAULT - The MORTG"GE debt held by the above lender on your property located at 9 Cavan Cross ng Enola PA 17025-0000 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE '\i10NTHL Y MORTGAGE PAYMENTS and the followmg amounts are now past due Del nquent Payment Balance (b) Late charge(s) (c) Other charge(s) NSF & Advances (d) Less Credit Balance (e) Total amount requ red as of 09/0212000 $6595 23 $32224 $2 808 99 $00 59,72646 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIO'J (If appl cable) HOW TO CURE THE DEFAULT- You may cure ths defaull WIth n THIRTY (30) days from the date ofth s letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH]S 89,72646 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURNG TIlE TIlIRTY (30) DAY PERIOD Pavments must be made ether bv cashier scheck. cert fied cheek. or money order made navable to Regular Mall TMS Mortgage Inc PO Box 96053 Charlotte NC 28296-0053 Overmght Mall FUNB Lockbox 96053 1525 West W T Harr s Blvd Charlotte '1C 28262-0053 You can cure any other default by takmg the follow ng act on wlthm THIRTY (30) Days of the date of thIS letter (Do not use If not apphcable) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default WIth n THIRTY (30) days of thIS lelter date the lender ntends to exercIse Its nebt to accelerate the morto""e debt Th s means that the entire outstandmg balance ofth s debt wIll be conSIdered due mmedJately and you may lose the chance to pay the mortgage n monthly nstallments If full paymenl of the amounl of default s nOI made wlthm TIlIRTY (30) days of the lelter date TMS Mortgage Inc also mlends to nstruct the r attorneys to slalt a legal acl on 10 foreclose unon your morti!aeed nronertv IF THE MORTGAGE IS FORECLOSED UPO'l- The mortgaged property wIll be sold by Ihe Sher ffto pay off the mortgage debl If Ihe lender refers yonr case 10 Its attorneys but you cure the del nquency before Ihey beg n legal proceedmgs agamsl you you wIll have 10 pay the reasonable attorney s fees actually mcurred up to S50 00 However If lega] proceedmgs are started agamsl you you w II have 10 pay the reasonable attorney s fees actually ncurred even If they are over $50 00 Any attorney s fees wIll be added to the amount you owe the lender whIch may also mclude their reasonable costs IIvou cure tbe default wIth n the THIRTY (30) DAY ner od. vou WIll nol be reQUIred 10 Dav altornevs' fees OTHER LENDER REMEDIE-S- The lender may also sue you personally for the unpaId prmc pal balance and all other sums due under the Mortgage RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the defaull w thm the THIRTY (30) day perIod and foreclosure proceedmgs have begun you st II have Ihe r ght to cure the default and prevenl the sale at any I me up to one hour before the Sher ffs Sale You may do so by paymg the total amount then past due plus any late charges charges then due reasonable atlorneys fees and costs connected w th the foreclosure sale and any other costs connected WIth the Sher ff's Sale as speclfed n wr tmg by the lender and by petfonn ng any other requirements under the mortgage Cunng your default n the manner set forth m th s Nottce will restore your mortgage to the same pOSIt on as If you had never defaulted EARLIEST POSSIBLE SHERIFF'S SALE DA TE- It IS estnnated thaI the earl est dale that such sher ff's sale could be held s would be appro" mately FIVE (5) months from the date ofth s'lottce A nollce of the actual date of the Sher ffs Sale WIll be sent to you before the sale Of course the amount Deeded 10 cure the defaull w II ncrease the longer you walt You may fmd out at any t me ",actly what the required paymeDt or actton w II be by contact ng the lender .,.~ -, "y , ."'. f~".' ~ , - -, - . ,. --j-. Page four NFCL40231862 HOW TO CONTACT THE LENDER BY TELEPHONE OR l\1AIL Name of Lender The Money Store Address FlNB LOCKBOX 96053 CIty State Z p Charlotte NC 28262-0053 Telephone Number 800-795-5125 E"t 10302 Facsnn Ie Number 916-617-0655 EFFECT OF SHERIFF S SALE- You should reahze that a Sher ff s sale wlll end your ownersh p of the mortgaged property and your r gIn to occupy It If you conlmue to hve m the property after the Shenff' 5 sale a lawsu t to remove you and your furnIture and other belong ngs could be started by the lender at any tIme ASSUMPTION OF '\10RTGAGE- You may not sel! or transfer your home to a huyer or transferee who w I! assume the mortgage debt Prov ded that all the outstandmg payments charges and anorneys fees and costs are pa d pr or to or at the sale and that the other requ rements of the mortgage are sat sfed YOU MAY ALSO HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MOl\EY TO PAY OFF THE MORTGAGE DEBT OR BORROWER MONEY FROM ANOTIlER LENDING NSTITUTIO'l TO PA. Y OFF 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 TI\ilES IN A CALENDAR YEAR) TO ASSERT THE NONEXISTENCE OF A DEF I\.UL TN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUME'ITS TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACfION BY THE LENDER TO SEE!< PROTECTION UNDER THE FEDERI\.L BI\. '1KRUPTCY LAW THE CONSUMER CREDIT COUNSELING AGE'lCIES SERVNG YOUR COUNTY IS A ITACHED TO THIS LEITER S ncerely T"fS "fort gage lnc "-';;:1 . ~,-- .~ , f'r' .- - ~lrG~ EXHIBIT A 'FIfE Mt.JIIU SroRr P 931 140 126 September 06 2000 NFCL4023 I 862 Wend) L Bartos c 9 Cava.n Cross ng Enol.. P>\ 1'025 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE ThIS . an official not cc that the mort!!a!!e on vour homc . m default. alld thelendcr mtend. to foreclose. SpeOllie mformatJon about the nature of the default IS orovlded m the attached na!!e. The Homeowners' Emer!!enev Morll!a!!e As'lStance Pro!!ram ffiEMAP\ mav be able to help to .ave vour home ThIS n<>tJee exvla os how the proeram works To.ee fHEMAP can helo vou. vou musl MEET WITH A COI\jSUMER CREDIT COUNSELING AGENCY WITHI'! 30 D<\ YS OF THE DATE OF THIS NOTICE Take thIs NotIce WIth vou when vou meet WIth the eounselm!! a!!enev The name. address~ and phone number of Consumer Credit Counsehn2 Ae:encles servm!! your countv are liSted at the end of thIs Notice If vou have anv QuestIOns. you may call the Pennsvlvan a HODS n!! F nance Aeenev loll free at 1-800-342-2397 (persons With Impaired hear n!! can call 717-780-1869\ ThIS Dobee contaIns Important legallDrormatlOD If you have any quesbons, representatives at the Consumer Credit Counsellng Agency may be able to help explam It You may also want to contact an attorney n your area The local bar assoe anon may be able 10 help you find a lawyer La NotlficaJon en adlUnto es de suma JmDortanCl8. DUes afecta su derecho a contlnuar VIV endo en su casa. 81 no. comDrende eJ eontcmdo de esta notIficlon obtenea una tradUCcIOn ImmedIatamente lIamando esta 3e:enCla (Pennsvlvama Housme: Finance Ae:encv) SIR car20s al numero menclOnado 8TrJba Puedes ser ele21ble Dara un orestamo DOr eJ Droe:rama Jlamado' Homeowners .Emereencv Mortgaee ~ss1Stance Pro2ram" al eual puede salvar su c8s8 de 18 nerdlda del dereeho a redlmu su hmoteea HOIVIEOW'lER S NAME(S) PROPERTY ADDRESS LOAN ACCOUNT NUMBER CURRENT LENDERlSERV1CER Wendy L BartoSlc 9 Cavan Cross ng Enol. PA 17025-0000 40231862 TMS Mortgage Inc The Money Store POBox 96053 Charlotte NC 28296-0053 Phone 1-800-795-5125 Ext 10302 . ", c~ .., ~,~ " , Page two NFCL4023 I 862 HOMEOWNER'S EMERGENCY MORTGAGE ASSIST ~NCE PROGRAM YOU MAY BE ELIGIBLE FOR FINA '!CIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROVl FORECLOSURE AND HELP YOU MAKE FUTURE VlORTGAGE P>\ YMENTS IF YOU COM:PLY WITH THE PROVISION OF THE HOVlEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE 'ACT ') YOU VI>\ Y BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSIST ~NCE IF YOUR DEFAULT H>\S BEE'! CAUSED BY CmCUMSTANCES BEYOND YOUR CO'!TROL, IF YOU HAVE A REASO'!ABLE PROSPECT OF BEING ABLE TO PAY YOURMORTG~GE PAYl\1ENTS AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PE'iNSYLVANIA HOUSING FINANCE AGE"ICY TEMPORARY STAY OF FORECLOSURE- Under me Act you are ern tied to a temporary stay of the foreclosure on your mortgage for 1HIRTY (30) days from the date of th s Not ce DUrIng that t me you must arrange and attend a face-to- face meet ng w th one of the destgnated consumer counsel ng agenctes I sted at the end ofthls Nottce THIS MEETl'IG MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGi\GE ASSISTA'ICE YOU MUST BRING YOUR VlORTGAGE UP TO DATE THE PART OF 1HIS NOTICE CALLED HOW TO CURE YOUR '\10RTGAGE DEFAULT EXPLAINS HOW TO BRNG YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meettng w th one of me consumer credtt counsel ng agenCIes ltsted at the end ofth s Not ce the lender may NOT take further act on agamstyou for 1HIRTY (30) days after the date ofthls meettng The names, addresses and teleohone numbers of des anated consumer counsel na aaenc es for the county m wbtch VOur orooertv IS located are set fortb at the end of thIS Nottce It s only necessary to schedule one face-to-face meeung You sbould adv se tb s lender lmmedtatelv of your ntenuons APPLICATION FOR "10RTGAGE ASSISTANCE- Your mortgage IS m default for the reasons set forth later 10 thIS Not ce (see followmg pages for spec fc nformat on about the nature of your default) If you bave tr ed and are unable to resolve thIS problem WIth the lender you have the r gbt to apply for fmanclal asSIStance from me Homeowners Emergency '\1ortgage Asslstance Fund In order to do th S, you must fill Out and s gn and fle a completed Homeowners Emergency AsSIstance Appl cat on W th one of the des gnated consumer cred.t counsehng agencIes hSled at the end oftblS NotIce Only consumer credIt counselmg agencIes have apphcattons for tbe program and they Will ass st you n submlUlng a completed apphcat on to the Pennsylvan a Housmg Fmance Agency Your appl catJon MUST be filed or postmarked W th 0 1HIRTY (30) days of your face-to-face meet ng YOU MUST FILE YOUR APPLICATION PROMPTLY IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLWW THE OTHER TIME PEIUODSSET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DE'!IED AGENCY ACTlON- A va lable funds for emergency mongage asslStllnce are very Itmlted They W II be d sbursed by the Agency under the ehg bthty cnter a establ sbed by the Act The Pennsylvan a Housmg finance Agency has SIXTY (60) days to make a dec Slon atler t rece ves youapphcatlon Durmg that addtt onalttme no foreclosure proceedmgs w U be pursued aga ost you If you have met the ttme requllements sel forth above You Will be nottfied dllectly by the Agency of Its deCISion on your appl cat on NOTE IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWI'VG PART OF THIS NOTIC!;: IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEl\fi>T TO COLLECT THE DEBT (lfyou have filed bankruptcy you can st U apply for Emergeney Mortgage ASSIStance) ~" '~~"", ,-~ F1" , . -I" " - (~ Page three 'lFC1A023 I 862 HOW TO CURE YOUR MORTGAGE DEFAULT (Br n2 t up to date) NATURE OF THE DEFAULT - The \10RTGAGE debt held by the above lender on your propeny located at 9 Cavan Crossmg Enola PA 17025-0000 IS SERIOUSLY IN DEFAULT because YOU HA VB NOT "lADE "IONTHL Y MORTGAGE PA Y\1E'lTS and the followmg amounts are now past due Del nquent Payment Balance (b) Late charge(s) (c) Other charge(s) NSF & <\-dvances (d) Less Cred t Balance (e) Total amount requ red as of 09/0212000 S6 595 23 $322 24 $2 808 99 $ 00 $9 726 46 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIO"! (If applicable) HOW TO CURE THE DEFAULT- You may cure th s default W th n THIRTY (30) days from the date ofth s letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER WHICH IS 59,72646 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DVRlNG THE THIRTY (30) DAY PERIOD Pavments must be made eIther bv cash er's check. cert fled check. or money order made oavable to Regular Mall TMS Mortgage lne PO Box 96053 Charlotte NC 28296-0053 Overntght Mall F"lJ'IB Lockbox 96053 1525 West W T Harr s Blvd Charlotte NC 28262-0053 You can cure any other default by tak ngthe follow ng actIon wIthm THmTY (30) Days of the date ofth s letter (Do not use f not appltcable ) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default WIth n THIRTY (30) days of thIS letter date the lender ntends to exerc se Its n2ht to accelerate the mort2a2e debt Th s means that the enure outstandmg balance of th s debt W II be conSIdered due nnmedtately and you may lose the chance to pay the mortgage m monthly nstallments If full pavment of the amount of delimIt s not made wlthm THIRTY (301 days oflbe letter date TMS Mortgage Inc also mtends to mstrllct the r attorneys to start a legal action to foreclose uoon your morte:aeed orooertv IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged propeny W II be sold by the Sher ffto pay off the mortgage debt If the lender refers your case to IS attorneys but you cure the delmquency before they begm legal proceed ngs agamst you you WIll have to pay Ihe reasonable attorney s fees actually Ulcurred up to S50 00 However If legal proceedmgs are started agamst you you WJJI have to pay the reasonable attorney s fees actUally mcurred even f they are over $50 00 Any attorney s fees wtll be added to the amount you owe the lender wl1 clt may also ",clude the r reasonable costs Ifvou cure the default WIth n the THIRTY (30) DAY nenod. vou w II not be reaUIred to nav attorneys fees OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaId pnnc pal balance and all other sums due under the Mortgage RIGHT TO CURE THE DEFAULT PRIOR TO SHERIff'S SALE- If you have not cured the default WIth n the THIRTY (30) day penod and foreclo,;ure proceedmgs have begun you stIll have the nght to cure the default and prevent the sale at any tune up to one hour before the Shenff's Sale You may do so by paymg the total amouut then past due plus any late charges charges then due reasonable attorneys fees and costsconneeted WIth the foreclosure sale and any other costs connected WIth the Shenffs Sale as speclfed n wntmg by the lender and by performmg any other requrrements under the mortgage CUTJDg your default ID the manner set forth ID thIS Nobce WIll restore your mortgage to the same poslllon as .fyou had never defaulted EARLIEST POSSIBLE SHERIFF'S SALE DA TE- It s est mated that the earbest date that such sherIff s sale could be held IS would be approx mately FIVE (5) months from the date ofth s Nonce A notIce of me actual date of the Sher ffs Sale Will be sent to you before the sale Of conrse the amoUnt needed 10 cure the default WIll merease the longer you WOIt You may f nd out at any tune exactly what the reqUIred pa}ment or aclIon W II be by contacllng the lender "k",,~ ~"'"---"-_.-- , ~0'N.)l-i3fill: Page four NFCL40231862 HOW TO CONTACT THE LENDER BY TELEPHONE OR "IAIL Name of Lender The \1oney Store Address F1JNB LOCKBOX 96053 CIty State ZIp Charlotte '1C 28262-0053 Telephone Number 800-795-5125 Ext 10302 FacsllD Ie Number 916-617-0655 EFFECT OF SHtRIFF S SALE- You should real ze that a Sher Irs sale wIll end your ownersh p of the mongaged property and your r gbt to occupy t If you contmue to I ve m the property after the Sher ff's sale. a lawsu t to remove you and your furn lure and other belongmgs could be started by the lender at any t me ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who wIll assume the mongage debt Prov ded that all the oUlStand ng payments charges and attorneys rees and costs are pa d pr or ro or at the sale and that the other reqUIrements of the mortgage are sansf ed YOU MAY ALSQ HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN VlONEY TO PAY OFF THE MORTGAGE DEBT OR BORROWER VlONEY FROM ANOTHER LENDING INSTITUTIO'l TO P.... Y OfF THIS DEBT TO HAVE THIS DEFAULT CURED BY A'IY THIRD PARTY ACTING ON YOUR BEH A.LF TO HAVE THE MORTGAGE RESTORED TO THE SA'I.1E POSITION AS IF NO DEF I\.ULT 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 ....ULT N 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 SEE\( PROTECTION UNDERTHE FEDERAL BANKRUPTCY LAW THE CONSUMER CREDIT COUNSELING AGE'ICIES SERVING YOUR COUNTY IS A TI ACHED TO THIS LETIER Smcerely TMS Mortgage Inc , , c.,, _ ~ ,r.., " ~ ., "..1 -;- O~ ~ p ~ ~ It. ~ ~ ~ '- ...... 0 0 (/' w 0- ~ ~ '"tJ kit 0' '-.l p... \ ~ ~ \. -. < ",.~,- , - ~ '._-> . c;;~,,-"^ ...,/,''';',- ,Me" e" lCiliI~<;"~i~ 0 C) C) C..: 0 +,--~ ~ ~: :-:r: -UCrJ :-:1 ~ [!,jfTl ."C; L___',,' 8 zr~'- U),),. w . -<< - c-:) r:: (. ,j 6 j.';. ,.-.. "T' Z'.,-:' , ) :;;Cc F-Il C - ."7 -i~; L- ::::> =< "~" CO -', -< _"_~~._",,~~~~Ii.#-_ _ d_fI>.JI"II'il~~~I; "',l.,_~h, ~tlli1EmII~~lR"\"~"'i~,'P"'''' '''..~'W'WH~~li'-l!':~~'''&\'!~#t~:,t''N'..'':'';-',,1i~.;.!'''~\f!il-''!'!>~W~~JF' SHERIFF'S RETURN - REGULAR . CASE NO: 2000-08022 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE ET AL VS BARTOSIC DANIEL J 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 BARTOSIC DANIEL J the DEFENDANT , at 0018:25 HOURS, on the l6th day of November, 2000 at 9 CAVAN CROSSING ENOLA, PA 17025 by handing to DANIEL J. BARTOSIC 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 18.00 9.30 .00 10.00 .00 37.30 so;~~~ R. Thomas Kline day of 11/20/2000 GOLDBECK, MCCAFFERTY, MCKEEVER By: IJ_#~ ~heriff Sworn and Subscribed to before me this /4.-Y ~ ,2~ A.D. ~ (2 Iu, ,i;-<-.j ~ Prothonotary - ';. ~- ~__. _ - ,- r , ~, - , "" . ,- J '~,__. , ~;_.~ .. GOL~BECK 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 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 30, 1997 SERIES 1997-D c/o Rosicki Rosicki & Associates P.C. One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff vs. DANIEL J. EARTOSIC AND WENDY L. BARTOSIC (Mortgagors and Real Owners) 9 Cavan Crossing Enola, PA 17025 060601 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 00-8022 CIVIL TERM Defendants CERTIFICATE 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: ( ) 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). 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 a11 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. Respectful! . EEVER , Jr. GOLDBECK McC BY: Joseph A Attorney for f . . - ~,~ 'I ^ , --~~'" ,,- , . ----..1 ,,"~:._.'~' .c. , ----,,-~._:'--,~_'"=".'I.,,'y '__~"",.~. 710b 4575 1294,2620 D50& TO: DANIEL J. BARTOSIC 9 Cavan crossing, Enola, PA 17025 CUMBERLAND SENDER: REFERENCE: GOLDBECK MCCAFFERTY & MCKEEVER. March 6, 2001 BARTOSIC,DANIEL J. I MS-0533 P$ Form 3800, June 2000 6/ 6/01 - RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restrictea Delivery Total Postl;\ge &, Fees ,,~... ~~~:;~~~~r Pl:~~'\ Certified Mail \ \~,;f;~/' No Insurance Coverage Provided Do Not Use for International Mail -~,--_._-----~..'_.' - 710b 4575 1294.2&20 TI553 , TO: WENDY l. BARTOSIC 9 Cavan crossing, Enola, PA 17025 CUMBERLAND SENDER: GOLDBECK MCCAFFERTY & MCKEEVER, March 7, 2001 REFERENCE: BARTOSIC,DANIEL J. I MS.0533 PS Form 3800, June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees .//".',\\ ,I ,,1 ~\ ('on/ ~,' ::...A \ POS1'llARK ORpATE ?" ~:r:',\ \-,.~ ',," ',1 " (,I , ,\\ ,,~~t /1,.___-..' -,.1'- (\. \Y,' ~./ '" /-/1"....----..- " US Postal service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail !' ~ -, - 2. '~~;'i'! Nu~~~- ,I 'i'I' I '1,0( 'I ':<1 I I , 'I ' "II, ~ II' i ~ II i I I I ' I' .,"..,.'.','....'.,..".'" .'."..." " "', . ,~ ! : '~ :t '. ~,.7Jd1Io ~57S J.2'1~ i!&OOSDl 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) DYes 1. Article Addre'ssed to: DANIEL J. BART051C 9 Cavan Crossing, ' Enola, PA 17025 . . "'" ~ CUMBERLAND , , . , , 'AM~L~. jiMS;O~33i 6/~/01' iSENDE :" ;6dlb\,E6~~icA~/R,\-.i~CKEEVER. ;ffn,~p ; f ! . 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" rg g[~W_~ ocCO"C-<; (jl: ur@"C c.m-~Cll . 0 B - ~ JOOO'" .. . 03'O;:U ~:::;3,~ 9~ o:tl ~E; I>>:::l 0 ~ iii ::I to ~ ~o c.~ !\l<o ~~ ~. - ~ o - ~:1 ;c ,,~~ ti ~ :ul>>~ 'Q' ~~ ::;: -c . o a J o ~ B .. . <II <" ~o =~ g.~ ,,'" ~~ CT iii' J !!. <it I. ~ iiJ ..~ -~ : 0 m )> j:' CI) ~ f.Q g X =~2:S- ~~.g ! g (t~ ~ .!!!.O'" G 8.....~. *"2.~ ~ ~ 3l ~~ 0.. g,~ ~ v - . , The Bank of New York as Trustee Under the Pooling & Servicing Agreement dated as of November 30, 1997 Series 1997-D Plaintiff Vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Daniel J. Bartosic (Mortgagor and Real Owner) Wendy L. Bartosic (Mortgagor and Real Owner) Defendant(s) NO. 00-8022-Civil AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York as Trustee Under the Pooling & Servicing Agreement dated as of November 30. 1997 Series 1997-D, 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 9 Cavan Crossing. Enola. PA 17025. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Danie1 J. Bartosic (Mortgagor and Real Owner) 9 Cavan Crossing Enola. PA 17025 Wendy L. Bartosic (Mortgagor and Rea1 Owner) 9 Cavan Crossing Eno1a. PA 17025 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) HQn.e 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) Beneficial Consumer Discount Co. D/B/A Benficial Mortgage Co. of PA 419 Stonehedge Drve. Ste. 2 Carlisle. PA 17013 , -',?~ ., "-< , - . , . . Name and address of every other person who has any record lien on the property: 5. Name Address (if address cannot be reasonably ascertained, please so indicate) HQne 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 S'w~ort Enforcement Health and Welfare Bldg. Roam 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) HQne 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. March 7, 2001 .. oldbeck, Jr. for Plaintiff "?1il.!' o. .,~_ . ," ,., :w .:iCl ~~ ~- ,. ,,...,,~'" gill!_~ ~,"" ,1 ~1. "" "- ,'," -",. . , . 0 0 0 C -n s: ",. ::i! -om ~ ~ - " rn:;-- fl1 ~~ ~~ ,,,,.lllJ _~_~__1!'!r'I!lfJ<,,,.-l!'_~.!'f$'f<)~r;w~"w-m-"!,!,,p:r~,W~~~>M~~~!!{~ ',"'" , GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (21 'i) 6:?7-11:?:? ATTORNEY FOR PLAINTIFF The Bank of N$w York as Trustee Under the pooling & Servicing Agreement dated as of November 30, 1997 Series 1997-0 c/o Rosicki, nosicki & Associates P.C. One Old Country Road, Ste. 429 Carle Place, NY 11514 Vs. Daniel J. Bartosic (Mortgagor and Real Owner) 9 Cavan Crossing Enola, PA 17025 Wendy L. Bartosic (Mortgagor and Real Owner) 9 Cavan Crossing Enola, PA 17025 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO 00-8022-Civil PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Daniel J. Bartosic IMor~gagor and Real Owner) and WenQy L. Bartosic IMnrtgagor and Real Owner), Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days (or 60 days if defendant is the United States of America) from the date of service of the complain and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest 12/1/00 - 3/6/01 Late Charges TOTAL $218,734.66 $ 6,737.28 S 439.68 $225,911.62 I hereby certify that (l) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~~. Jos h A oldbeck, Jr. Attorney for Plaintiff INDICATED. H/~' f.~ PRO PROTHY /. L I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is c/o Rosicki, Rosicki & Associates P.C., One Old Country Road, Ste. 429, Carle Place, NY 11514 and that the names and last known addresses of the Defendants is: Daniel J. Bartosic (Mortgagor and Real Owner) 9 Cavan Crossing, Enola, PA 17025 Wendy L. Bartosic (Mortgagor and Real Owner) 9 Cavan Crossing, Enola, PA 17025 DAMAGES ARE HEREBY ASSESSED AS DATE: IJ1ttq4 ~, .:;JO'!)/ ,2.:---, .. -I" ,~",".,~~, _, ~ " -'r ~ " r 1f ! -" ,~ -~" "n . 0 0 C) C -n ~i ::J: ~_c{ :0- fJ~rdd ::0 ::0 ~-~ I -f,;}m CO ,-"""0 01 ;.:::0 ""U --4,0 :1: :B ~g ::a: 9'0 ~ ~'m ~ ~ s;' '\0 ~ .,~. ,~,~ - .,~ "_,~1 ~lIlMljl~__ ~_~"'''''''''''"''''!'Il!ft~~~~~ll}>'l'W.Ji''f#;i''''M:>i<Yl~l!1i'm~'f'~''ffllft~~I~\JI!'}a~W'l\~~1li\llMIJII'lL lM~U TO, WENDY L. BARTOSIC 9 Cavan Crossing Eno1a, PA 17025 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED , AS OF NOVEMBER 30, 1997 SERIES 1997-D c/o Rosicki Rosicki & Associates P.C. One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff vs. DANIEL J. BARTOSIC AND WENDY L. BARTOSIC (Mortgagor(s)) (Record Owner(s)) 9 Cavan Crossing Enola., PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 00-8022 CIVIL TERM 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. TO: WENDY L. BARTOSIC 9 Cavan Crossing Enola, PA 17025 DATE OF THIS NOTICE: December 7, 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. (jo/dbeck} 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 3'__1>,..,._ ,-~,_,<; ',~"'" - ,c" " ~ . -. 1'- '.-' ~ , ~=~ . TO: DANIEL J. BARTOSIC 9 Cavan Crossing Enola, PA 17025 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED : AS OF NOVEMBER 30, 1997 SERIES 1997-D c/o Rosicki Rosicki & Associates P.C. One 01d Country Road, Suite 429 Carle Place, NY 11514 Plaintiff vs. DANIEL J. BARTOSIC AND WENDY L. BARTOSIC (Mortgagor(s)) (Record Owner(s)) 9 Cavan Crossing Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 00-8022 CIVIL TERM 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. TO: DANIEL J. BARTOSIC 9 Cavan Crossing Enola, PA 17025 DATE OF THIS NOTICE: December 7, 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 MalI East Philadelphia, PA 19106 215-627-1322 ""11 "--'~h.""~.{V'",.., ",~', ,~,~_c~ ,,~ .- ill , I - . ^, ~ 0 ~,_. .~ ~" ,n ".~~'''=' ~ ~ t ,~ ~ 8 <;;> .-, - :::rl s:: ::It ~~ -rUB l!>O ::L_ 52rn "" ;"1o...J.J \ :1:J ;'- ?S; I ~~ ~. ex> ~ L ~ ;.:::0 ....,. ~ . ~8 ~ :x ~ 7C) )>~ ~ <Sm ~ .,.., ::;;! :n (:) -< " ~ ~" .PfI!Jl';'!!I:':"'~J,..~~ ~.I. '~'IIm". .1!!I!~"'fl;'ffi~"1~~IIN~~T .~1lllf{11~ ~_.lIlI!JJll ",..,_"\11.,, " PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 The Bank of New York as Trustee Under the Pooling & Servicing Agreement dated as of November 30, 1997 Series 1997-D Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 00-8022-Civi1 Vs. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Daniel J. Bartosic (Mortgagor and Real Owner) Wendy L. Bartosic (Mortgagor and Real Owner) Defendants TO THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/6/01 to sale date at $37.14 per diem Total $225,911.62 $ and Costs $ h A. oldbeck, Jr. e 500-The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 Attorney for Plaintiff . Note: Please attach description of property. ~ ..r._ ""- 0""'"-1__, " c~__< . il'd.' ....J.J~_.--" iIliIIlill~''''''''-' ~"""'lliiin.~- -.li:JliH\oi!~~.i'i~- - .il.ilMiili'\t~"""';;~" ~ /iilW,iiB.. ~-~ .. '" ." .,---.-- '--'-liiliiiIIiw" .. .. , 1iIIIIrIEi~ ~ 0 ~ ~ f.'- C\I ~~ wO " c.,)'Z N . --0 O:g;; ~ " . tt -:1: 2E OZ , " 9~; ,;( ~~ a::J ~ @fE CO 36.; ~ i ~~ , ~~ (J W:~.y TZ ~AJ ~ , 1 C>< ' -Iii N f"J ~::: 00:( UJt :lC me.. ~~ , t. ~ . V) ~ ~ \n <5 0 :=J '''''J ~' ~ ~ @) (.) ,,~~ ci, !) -- .......... . ~~ ~ rt t:l' 0. "". II) ~ 5: "J "<: II) f-'. .... It!~ 0. i-' It! !"c.., o t:l' " (1) E Zg.1I) (1) " 0. . (1) lJIlJI o "". lJI j~ 'D Ol ~('l I>> I>> i ~ ~ .gj Ol ~H .. I'j I'j (1) " It! rtrt ll>;or tII~ " !1\O rttll g 0 ~ tI.l 0 :<ll::l Ol lQ I:I;l "".Ill ~~ o ('l J: 0 o "". II) HI ~ ~ ....1>> II) :<l 0 ~~~ ~ <: ~ 1:I;l~ ~i ' "".:Il I>> 0 ('l~ 0' It! ::s o H I'j 0 <: ..... "". >< ~~ 0 (1) i!>'('l I'j ~ rt I'j rn \0 ::s 0 0 II) lQ rt . \0 lQ I'j , Ol .....a o 0 I>>lQ -.I ;or co (1) -.llIJ ....1:I;l lQJ: tI.l~ 0 " ~lIJ 0 o 0 ' 0 tv <: III tII II) I'j I>> tv (1) 01 "". J;: ><l I'j 11 I'j II) lIJ It!i I 0. ~ 11 tII I>> I>> ~. m ~ ~~ ('l II) ('l "". ~S ::s ::s lIJ II) a <: 0.0. .....::s lIJ tI.llt! "". H :<l:<l \Ortrt ><1:"' .... ~ II) II) \00.11) ~E I>> I>> -.II>> II) ........ Irtq ~~ till) ::s HO 0.0. i!>'1:I;l I>> II) II) II) lIJ I'j ~I'j ~ 0 HI ,. :J~~c_ur~~ ",','. __,., ~~ co !! ~~ - -> '" '" ,~,~'''''''''''' " , GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500-The Bourse Bldg. 111 S. Independence MaIl East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION The Bank of the Pooling of November New York as Trustee Under & Servicing Agreement dated as 30, 1997 Series 1997-D Vs. No. 00-8022-Civi1 Daniel J. Bartosic (Mortgagor and Real Owner) Wendy L. Bartosic (Mortgagor and Real Owner) CUMBERLAND COUNTY ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern dedicated right of way line of Wetherburn Road (50' wide) at the western extremity of an arc connecting the western right of way line of Cavan Crossing and the northern right of way line of Wetherburn Road; thence by the northern right of way line of Wetherburn Road North 74 degrees 01 minutes 02 seconds West, 75.00 feet to a point; thence by line of Lot #58 North 15 degrees 58 minutes 58 seconds East, 80.96 feet to a point; thence by other lands of Logans Run Phase III North 43 degrees 57 minutes 06 seconds East. 80.00 feet to a point on the southern right of way line of Logans Run (50' wide); thence by said right of way line South 46 degrees 02 minutes 54 seconds East, 61.96 feet to a point; thence by the western right of way line of Cavan Crossing by a curve to the right having a radius of 25.00 feet and an arc length of 32.95 feet to a point; thence by same by a curve to the left having a radius of 175.00 feet and an arc length of 41.21 feet to a point; thence by same South 15 degrees 58 minutes 58 seconds West, 28.82 feet to a point; thence by the northern right of way line of Wetherburn Road by a curve to the right having a radius of 25.00 feet and an arc length ~ 3~27 feet to a point, place of BEGINNING. ~ - ~ -no:: ::ll: '-1 tnm )> 1:1:;-n -Z-:o A:J , , . r= ~~ ci,:g9 ~ ~;J <.:' ,-<0 "1:1. ::t)-,; ~(') :ir. r"'"):D ~O 2,0 ....c::; ~ om Z -I =< ~ ~ Being known as 9 Cavan Crossing, Eno1a, PA 17025 Tax parcel #09-14-0836-248 _. .Irlm "-. _"" .~ ,1lllIl!l'l>ll~llIi'll!!l!,.[~" ~~~_, .,"""~~,,",,\,,",%",-,#;~,_~t?""t<lj\'1~;-'l"1"'r<l'.e,,,,-.R'i!~1gljl~r^~3!'T:::lII!:'!w.ii~lltlli l~lI!W' 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 (:1.15) 6:1.7-1322 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION The Bank of the Pooling of November New York as Trustee Under & Servicing Agreement dated as 30, 1997 Series 1997-D Vs. No. 00-8022-Civil Daniel J. Bartosic (Mortgagor and Real Owner) Wendy L. Bartosic (Mortgagor and Real Owner) CUMBERLAND COUNTY VERIFICATION OF NON-MILITARY SERVICE JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendants are 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 Act of Congress of 1940, as amended. (b) that defendant Daniel J. Bartosic (Mortgagor and Real Owner), is over 18 years of age, and resides at 9 Cavan Crossing, Enola, PA 17025. (c) that defendant Wendy L. Bartosic (Mortgagor and Real Owner), is over 18 years of age, and resides at 9 Cavan Crossing, Enola, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. March 7, 2001 .'c"'-' ., ", -~-_, ,., o'/C" ,", >" '" '-.'~-- - ,', ,-- ,,~ "..,- ~ ~ ~ "C', ,-~~- ~~ '>-'"."~"".> 0 C> 0 c: "'r' ;;::: :J: _._~ '"Clro :J> r{-''';;,g 1~1 ::0 I ~;g-tQ ~~ 0:> ,.-~ l ~:::!c~ ,<0 -0 :r=f' ~8 :x ....~....1 0::-....-0 5>c: ~ Om ~ N ~ 0 -< > III ""'~'I'-~^ ~~ _ ..~., _ _~'1!IJ[ftIif~:rFJ;;r,;o_~'iWMl~1"~~~,~!.1l':__. ""'''''''"~~.'''":~f2''''~'!''''''l!!Pl ,,)[11::;]]" . The Bank of New York as Trustee Under the Pooling & Servicing Agreement dated as of November 30, 1997 Series 1997-D plaintiff Vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Daniel J. Bartosic (Mortgagor and Real Owner) Wendy L. Bartosic (Mortgagor and Real Owner) Defendant(s) NO. 00-8022-Civil AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York as Trustee Under the Pooling & Servicing Agreement dated as of November 30. 1997 Series 1997-D, 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 9 Cavan Crossing. Enola. PA 17025. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Daniel J. Bartosic (Mortgagor and Real Owner) 9 Cavan Crossing Eno1a. PA 17025 Wendy L. Bartosic (Mortgagor and Real Owner) 9 Cavan Crossing Enola. PA 17025 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SJlMF. 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) NQne 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) Beneficial Consumer Discount Co. D/B/A Benficial Mortgage Co. of PA 419 Stonehedge Drve. Ste. 2 Carlisle. PA 17013 -i_Il "- " -'.-' "1- - " " ,no 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) HQne. 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 D~t. of Domestic Relations P.O. Box 320 Carlisle. PA 17013 Pa Dept. of Public Welfare Bureau of Child S~ort 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) HQne. 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. March 7, 2001 Goldbeck, Jr. for Plaintiff "", -~-~~';""---~:"~'':"'--'' .' ,,"-', ." , 1-' -"~- 1 c - ,.. n___.' GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite SOO-The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (?1')) 6?7-n22 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS The Bank of New York as Trustee Under the Pooling & Servicing Agreement dated as of November 30, 1997 Series 1997-D Vs. CUMBERLAND COUNTY CIVIL DIVISION NO. 00-8022-Civil Daniel J. Bartosic (Mortgagor and Real Owner) Wendy L. Bartosic (Mortgagor and Real Owner) CF.RTIFH~ATTON 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. . oldbeck, Jr. for Plaintiff .'~ ^", .<d-_ _ _ ,~c r' ._ c c &A '- ,^~ \lI!l'imo;<; <.., " -,' ,~' - ~'."~- ~-",> ~,~ ",~ -,' () 0 Q c 5: :x .-\ 21B ,..- ;t"T1 "'" " ;::::::: I '"om z'i; ~,\lO (f). . 0:> (~) 1- '<""- .>>-1t.J \<0 .." ._.-r;: ~8 - s-n ~ :::.,TO 5>c: r::;> om -, ~ N 5; 0 -< ~.~ ,~- ,~" !'m""""'''''''--r"7"- _~;1"'~~~\m-~~~~!-1~1'~i!!$\:MJiI:-"Iil'iil~)~Mil~~ GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite SOO - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (21')) 627-1122 The Bank of New York as Trustee Under the pooling & Servicing Agreement dated as of November 30, 1997 Series 1997-D ATTORNEY FOR PLAINTIFF Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. Daniel J. Bartosic (Mortgagor and Real Owner) Wendy L. Bartosic (Mortgagor and Real Owner) Defendant(s) NO.OO-8022-Civil NOTTeF. OF SHF.RTFF' S SALE OF RF.AT, ESTATE TO: Daniel J. Bartosic (Mortgagor and Real Owner) 9 Cavan Crossing Enola, PA l7025 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 9 Cavan Crossing. Enola. PA 17025. is scheduled to be sold at the Sheriff's Sale on June 6. 2001 at lO:OO a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 200 Floor, Carlisle, PA 17013 to enforce the court judgment of S225.911.62 obtained by The Bank of New York as Trustee Under the Pooling & Servicing Agreement dated as of November 30. 1997 RAriAA 1qq7-D (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. , ,." - ." '(co _v_ ,'~ ~",.,," ,,' , ^ I ~ .- ., 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 Sale sold to the highest bidder. calling (21 ')) 627-11?? 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. is not stopped, your property will be You may find out the price bid by 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's office at (717) ?40-6190 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. S. 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) 990-9l08 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 " .> - . ~ ." , '_ ,_'C__c_. ~_ '" _, ,.<; ~ ,n ,,,' . -~ - ,- ~ ,- lJ; . ,m6m ~'="'-' .,~^',' "" lilUl:l ''- . g c:> CJ 41 ~ ;:It ~;.~fl ~g\ ~ , _,,:')rr1 ,;'0 ~ 0:> "'J i 27 ~~t~ e -u "<: ~- ~g ;:It '~(J .._fT1 N ~ .- ~ ~ N 0 IJJJr.~~~ ~,,,.,. 0.,1_..' ~ .,.....".,.~J_A~'ll!II'INI"1_~I~~Ji@JI!~~f~~~~~~I""""""'~ ", . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ______________________________________________________________________________Ilecorderof Deeds in and for said County and Slate do 'hereby certify that the Sheriffs Deed in which 'l:lt!'_Jl.i!!.1l<__~t___ New York as Trustee Under the Pooling & Servicing Agree Dated 11/30/97 ?eries 1997-D ___________________________.________________________________________________________ 6 thegr.onlee the same having been sold to said grantee on the ______________________~~~______________________ day of June .2001 0 . . ________________________________________ A. Do, ' n___' under and by vIrtue of a wnL_____________ ____~~~~~_t..~~~____________________________n___ issued on the _____________JH!t_________________n_ ~uh . day of __________________________ A. D., 200J____, out of the Court of Cornman Pleas of said County as of Civil -------------------------- ----.._______ _____ ___ __ __n_____ _____________ ____ _______ Term, : 2 Ol!!l____ Number ____~~~~______, allhe suit of.xhe Bank of New'York as . Tt;etTSbee Under the Pooling & November 30,1997 Series 1997-D 0------------------------ Servicing Agreement dated as of/. . ---------------- ------------ n_ ____ agamst_ ..Ila.n.l.eL...l..&_lIlend;,_.L...llax.t.os.u:. __ __ ______ ___un is duly recorded in Sheriffs Deed Book No. ____2Al____, Page 2J..3.!L______. IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office this ___~i____ day of ---------------R-------- Ao D., d-D :::L_ ---~~----~~-~~~~~i~i I!!tlmIer of lleetIs. Cumberland County. Cartisle. PA My Commmlon Expires the Firs! Monday 01 Jan. 2llOZ ,-~,--~ - ~, , , -,,~ "- T 1'". <. The Bank of New York as Trustee Under the Pooling & Servicing Agreement Dated as of November 30,1997 Series 1997.D In the Court of Common Pleas of Cumberland County, Pennsylvania No.2000-8022 Civil Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, says on April 17, 2001 at 8:11 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of Daniel 1. Bartosic and Wendy L. Bartosic located at 9 Cavan Crossing Enola, Cumberland County, Pennsylvania, according to law. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, says on April 17, 2001 at 8:11 o'clock PM EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Daniel J. Bartosic, by making known unto Daniel 1. Bartosic at 9 Cavan Crossing Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, says on April 17, 2001 at 8:11 o'clock PM EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Wendy L. Bartosic, by making known unto Daniel J. Bartosic, husband, at 9 Cavan Crossing Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: Daniel 1. Bartosic by regular mail to his last known address, 9 Cavan Crossing Enola, P A. This letter was mailed under the date of April 18, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: Wendy L. Bartosic by regular mail to her last known address, 9 Cavan Crossing Enola, P A. This letter was mailed under the date of April 12, 2001 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 Court House, Carlisle, Cumberland County, Pennsylvania, on June 6, 2001 at 10:00 o'clock A.M., EDST. He sold the same for the sum of $40,000.00 to Attorney Sharon Dunn for The Bank of New York as Trustee Under the Pooling and Servicing Agreement Dated as of November 30, 1997 Series 1997-D 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 November 30, 1997 Series 1997-D c/o Rosicki Rosicki and Associates P.C. of One Old Country Road, Suite 429, Carle Place, NY 11514, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of$1761.48, it being sheriff s costs. 1"1i!li! , "' >_Wu' ".l,_,_~"",_~" " '{__ ;T .. Sworn and subscribed to before me This ~ day of C), P'1 2001'A.D.CJt. .Q ~/dji1i thonotary Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Legal Search Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed ''''''''!''l''" . . '~""', ., T 30.00 800.00 15.00 15.00 30.00 10.00 .50 1.00 9.30 .89 15.00 30.00 200.00 302.60 225.60 25.09 25.00 26.50 $1761.48 Paid by Attorney Joseph A. Goldbeck, JI. 7-06-01 ?~~~ R. Thomas Kline, Sheriff Byq&~~~ Dep Shenff JPl'- cvY' J.. ~ 30'oil ~.j I ,.so C':.Iz 3313/ (2w, /jlf9o{Jo -. ~ . " 1 '. SCHEDULE OF DISTRIBUTION SALE NO. 20 Date Filed - July 6, 2001 Writ No. 2000-8022 Civil The Bank of New York, as Trustee Under The Pooling & Servicing Agreement dated As of November 30,1997 Series 1997-D VS Daniel 1. Bartosic and Wendy L. Bartosic 9 Cavan Crossing Eno1a, P A 17025 Sale Date - June 6, 2001 Buyer - The Bank of new York as Trustee Under the Pooling and Servicing Agreement Dated November 30,1997 Series 1997-D c/o Rosicki Rosicki and Associates P.C. Bid price - $40,000.00 Real Debt Interest from 3/6/01 to sale date at $37.14 per diem Writ Costs $225,911.62 Total 3,416.88 125.30 $229,453.80 DISTRIBUTION Amount Collected Sheriff s Costs Legal Search Total $ 1,761.48 1,561.48 200.00 $ 0.00 $ 1,000.00 Refund of Advance Costs ~~~~ - R. Thomas Kline, Sheriff BY CJflrJ , J JtIIA ;..u, ~ ",~-~WH',_"/!~~. -o-,'~. . "~_._ ,,", _h ~ T '"'" .' ~ TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 20 Held Wednesday, June 6, 2001 Date: June 6, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2001, and recorded ,2001, in Cumberland County Deed Book ,Page RECITAL: BEING the same premises which Logans Run Associates by Deed dated November 14, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Ccarlisle, Peunsylvania in Deed Book 114, Page 1146 granted and conveyed to Daniel J. Bartosic and Wendy L. Bartosic, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of 50 foot wide Wetherburn Road, 50 feet wide Cavan Crossing and 50 feet wide Logans Run 6. Conditions, easements and restrictions shown on or set forth on the Final Plan of recording of Logans Run Phase II recorded in Plan Book 68, Page 50. 7. Building and use conditions and restrictions as set forth in Declaration of Protective Covenants, Reservations and Restrictions dated February 19, 1992 and recorded August 12, 1993 in Miscellaneous Record Book 451, Page 687. First Supplemental Declaration of Protective Covenants, Reservations and Restrictions recorded '.,:;.~ ",....- ._r. June 8,1994 in Miscellaneous Record Book 475, Page 657. 8. Mortgage in the amount of $200,600.00 given by Daniel J. Bartosic and Wendy L. Bartosic, his wife to Fairbank Mortgage Bankers Corp. dated November 24, 1997 recorded December 16, 1997 in Mortgage Book 1421, Page 974. Assigned to P.M.S. Mortgage, Inc. by instrument dated December 9,1997 recorded June 16, 1998 in Miscellaneous Record Book 579, Page 584. Further assigned to the Bank of New York by instrument dated November 15, 1998 and recorded December 29, 1998 in Miscellaneous Record Book 598, Page 1146 Complaint in Mortgage Foreclosure filed by the Bank of New York as Trustee against Daniel J. Bartosic and Wendy L. Bartosic, his wife as Defendants in the Office of the Prothonatary of Cumberland County to file no. 2000-08022. Judgment entered March 8, 2001 in the amount of $225,911.00. 9. Mortgage in the amount of $10,736.25 given by Daniel J. Bartosic and Wendy L. Bartosic, his wife to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania dated October 4, 1999 recorded October 8, 1999 in Mortgage Book 1575, Page 641. 10. Municipal lien in the amount of $497.81 filed by East Pennsboro Township as Plaintiff against Daniel J. Bartosic and Wendy L. Bartosic, his wife as Defendants in the Office of the prothonatary of Cumberland County on May 22, 2001 to file no. 2001-3123. 11. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau, being in the amount of $2,722.38 at the time of the subject Sheriff Sale. 12. Subject to 50 foot wide right-of-way which may in whole or in part cross the subject premises as set forth and decree awarding real estate recorded in Deed Book "0", Volume 21, Page 1052 and in Deed recorded in Deed Book "A", Volume 29, Page 304 and in Deed recorded in Deed Book "J", Volume 35, Page 638. 13. Subject to agreement between David S. Bretz and Clinton Orris dated July 2, 1935 recorded January 21, 1936 in Miscellaneous Record Book 66, Page 286. 14. Rights granted to Pennsylvania American Water Company by instrument recorded in Miscellaneous Record Book 408, Page 794. 15. Rights granted to Pennsylvania Power & Light Company and Bell Atlantic-Pennsylvania Inc., by instrument recorded in Miscellaneous Record Book 479, Page 598. 16. Rights granted to Sammons Communications Inc. by instrument recorded in Miscellaneous Record Book 483, Page 936. 17. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 18. Satisfactory evidence to be produced that the advertisement of the property for sale is satisfactory in spite of the absence of any reference to the improvements on the subject property. Real estate taxes accruing on and after July 1,2001 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to ;:'-'-. ,~" ~-, - .- ,.",. ~r~ determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be valid or bin 'n until countersigned by an authorized signatory. :~;;, " " _1 ','." , - , _ of _ ='~".'_ , . REAL ESTATE SALE NO. 20 Writ #2000-8022 Civil The Bank of New York as Trustee Under the PooUng & Servlc1ng Agreement dated as of November 30. 1997 Serles 1997.d vs. Daniel J. Bartoslc and Wendy L. Bartos!c Atty.: Joseph A. Goldbeck. Jr. AlL THAT CERTAlN lot or tract of land situate in East Pennsboro Township. Cumberland County. Pennsylvania, more particularly bounded and described as follows. to wit: BEGINNING at a point on the northern dedicated right of way Une of Wetherburn Road (50' wide) at the western extremity of an arc con- neeting the western right of way line of Cavan Crossing and the north- ern right of way Une of Wetherburn Road; thence by the northern rlght through the center Une of a parti- tion wall d1vldlng the improvements erected on the property herein de- scribed from those erected on the lot immediately to the North. South 76 degrees 30 minutes East 150 feet to a stake on a public alley; thence by said public alley. South 13 degrees 30 minutes West 44.50 feet to a stake at comer of lands of MelV1n C. Barrick; thence by said lands of Melvin C. Banick. North 76 degrees 30 minutes West 150 feet to a point. the place of Beglnning. HAVING THEREON ERECTED the southern side of a two story dou- b]e aluminum sldlng dwelling house known as 121 SPRUCE STREET. BEING THE SAME PREMISES WHICH Gerald G. Cooper and Jane E. Cooper by deed dated and re- corded 12/ ]2/68 In Deed Book A- 23. Page 663 granted and conveyed unto Burdell E. Ditzler and Jean E. Ditzler. The said Jean E. Ditzler is deceased and title vests in Burdell E. Ditzler by operation of law. TO BE SOLD AS THE PROPER- TY OF BURDELL E. DITZLER ON JUDGMENT NO. 2000 07807. PARCEL: 02 21 0316 007. .~ . .' ~ <' I I ,f;::~ The Bank of New York as Trustee Under the Pooling & Servicing Agreement dated as of November 30, 1997 Series 1997-D Plaintiff Vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Daniel J. Bartosic (Mortgagor and Real OWner) Wendy L. Bartosic (Mortgagor and Real Owner) Defendant(s) : NO. 00-8022-Civil AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York as Trustee Under the Pooling & Servicing Aqreement dated as of November 30. 1997 Series 1997-0, 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 9 Cavan Crossing. Enola. PA 17025. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Daniel J. Bartosic (Mortgagor and Real OWner) 9 Cavan Crossing Enola. PA 17025 Wenqy L. Bartosic (Mortgagor and Real Owner) 9 Cavan Crossing Enola. PA 17025 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Sl.M'R 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) Hone 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) Beneficial Consumer Discount COa D/B/A Benficial Mortgage Co. of PA 419 Stonehedge Drve. Ste. 2 Carlisle. PA 17013 '7\!1 .~,~, ~ '. ,,-- ~, - - .. ~ t s. 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) HQne 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 Dapt. of Domestic Relations P.O. Box 320 Carlisle. PA 17013 Pa Dapt. of Public Welfare Bureau of Child SQpport 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) HQne 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. March 7, 2001 ~ Jo h Goldbeck, Jr. At rney for Plaintiff '~~""!"""'-"!""",,,"1'1 ,~ . " ,.' GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite SOO - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (?1')) 627-1122 ATTORNEY FOR PLAINTIFF The Bank of New York as Trustee Under the Pooling & Servicing Agreement dated as of November 30, 1997 Series 1997-D Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. Danie1J. Bartosic (Mortgagor and Real Owner) Wendy L. Bartosic (Mortgagor and Real Owner) Defendant(s) NO.00-8022-Civil NOTTeF. OF SHERIFF'S SAI,E OF RF.AT, ESTATE TO: Daniel J. Bartosic (Mortgagor and Real Owner) 9 Cavan Crossing Enola, PA 17025 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 9 Cavan Crossing. EnoJa. PA 17025. is scheduled to be sold at the Sheriff's Sale on June 6. 2001 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 S225.911.62 obtained by The Bank of New York as Trustee Under the Pooling & Servicing ~reement dated as of November 30. 1997 Series 1997-D (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAT.E 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!>,~=>." -",," - ""'" ,. ,~, , . . - ~,"""'. ,n .. , '.' / 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 Sale sold to the highest bidder. calling (?1')) 6?7-11?? 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. is not stopped, your property will be You may find out the price bid by 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's office at (717) ?40-n190 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. S. 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 "(;l '""""__~ ., ,-'-' ..,. . ~.~"""""' 4" . ~ ,. 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 COURT OF COMMON PLEAS CIVIL DIVISION The Bank of the pooling of November New York as Trustee Under & Servicing Agreement dated as 30, 1997 Series 1997-D Vs. No. 00-8022-civil Daniel J. Bartosic (Mortgagor and Real Owner) Wendy L. Bartosic (Mortgagor and Real Owner) CUMBERLAND COUNTY ALL THAT CERTAIN lot or tract of land situate in East pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern dedicated right of way line of Wetherburn Road (50' wide) at the western extremity of an arc connecting the western right of way line of Cavan Crossing and the northern right of way line of Wetherburn Road; thence by the northern right of way line of Wetherburn Road North 74 degrees 01 minutes 02 seconds West, 75.00 feet to a point; thence by line of Lot #58 North 15 degrees 58 minutes 58 seconds East, 80.96 feet to a point; thence by other lands of Logans Run Phase III North 43 degrees 57 minutes 06 seconds East. 80.00 feet to a point on the southern right of way line of Logans Run (50' wide); thence by said right of way line South 46 degrees 02 minutes 54 seconds East, 61.96 feet to a point; thence by the western right of way line of Cavan Crossing by a curve to the right having a radius of 25.00 feet and an arc length of 32.95 feet to a point; thence by same by a curve to the left having a radius of 175.00 feet and an arC length of 41.21 feet to a point; thence by same South 15 degrees 58 minutes 58 seconds West, 28.82 feet to a point; thence by the northern right of way line of Wetherburn Road by a curve to the right having a radius of 25.00 feet and an arc length of 39.27 feet to a point, place of BEGINNING. Being known as 9 Cavan Crossing, Enola, PA 1702S Tax Parcel #09-14-0836-248 ..- . - . .... . WRIT OF EXECUTION and/or ATTACHMENT COMMONWpAL TH OF PENNSYLVANIA) .' - ''- ' COUNTY OF CUMBERLAND) NO. 00-8022 CIVIL'l'!J CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland .~~ satisfy the debt, interest and costs due COUNTY: The Bank of New York as Trustee Under the Pooling & s~~y!cing Agreement dated as of November 30, 1997 Series 1997-D . -- PLAINTIFF(S) from Daniel J. Bartosic and Wendy L. Bartosic (Mortgagor and REal Owner) DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See description of property (2) You are also directed to allach the property of the defendant(s) not levied upon in the possession of " ~J GARNISHEE(S) as follows: and to notny the garnishee(s) that: (a) an allachment 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 defendanf(s) or otherwise disposing thereof; (3) If property ofthe defendant(s) not levied upon an subjecllo allachment 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 $225,911.62 Interest from 3/6/01 to sale date at $31.14 .t:-It::J. J..i..t::1II Ally's Comm % L.L. $.50 Due Prothy $1. 00 Other Costs Ally Paid Plaintnf Paid $125.30 Date: March 8, 2001 Curtis R. Long Prothonotary, Civir'Division by: REQUESTING PARTY: Deputy Name Address: Joseph A. Goldbeck, Jr., Esq. Suite 500-The Bourse Bldg. III S. INdependence Mall East Ph;l~n~'rh;~. PA ,q,nh Allorneyfor: Ph'nH"" Telephone: (2g) ~77 Supreme Court 10 No. 1327 16132 ',t'" r:\f' ,--~ Ii 'oJ. ' . REAL ESTATE SALE No. ;yJ f'.dlF,J cu;) cu;) c:::::J ~ GViJ n.. -fl1~ 9,~oo/ th he 'ffl led h VII 'I e s n ev upon t e deteno31. Intentst In the real property situated in f v.J. P.t..~ lown..olu'p Oumbeltand County, Pa.. known and !'lumbered as: q C ~ ~ ~rr€A and more fuilv ", nn Exhibit "A" filed w' this writ and by this referenCF ) 0ate:...!!1 ~ 'I, OLD 0 / 'M . ""ilted herein. ... K~ CfMu- '--D~ iLl ..J~ S",\3c\ ... ",1-- \'i'J ,<\""i. I'CC'" . ".\\l. "i ~),. ~ ..,~ ~\\" ." .~"'!Jt~ \\}" 't. . "\""\"i\~~ ~'<J,!'j "\;,l '.!,'tJ ~'\~ ~ ',~ <, '~)J!!__-;', = __.__~'iM\i!Jl_~(~,",JW!'!!1'",$!*'ffl~.jl"?!Jw.;;.-;;HlJ[-~.cl'i!'J~~;Rr~;f~"ftHi~,*~~~i",""I~~!!l\<.>n~,,,,,~,,,,,"1l\l~~. ..0 1 ,~;; -'--'Rr:AlCS1J\TESAL.1l0:zrr . Writ No.2,000-S022 The B'lirik' iJf t<<!wYork as Tl.Ustee Under the: P.ooling & -servicing' Agreement dated as of November 30, ..... .... .1997 Series 1997-<1 '. 'IS Oanlel'j,'Baiiosie WendY:~J'Bartoslc . . Alii" Josilpir,A. Goldbeck. .Jr, . DESpRIPTION ~ .AttiHAT CERT/\&tJl or tr,l(t of land sitilatc in ~ ~'~sf'F::"hn,~boi'o T1\~;'i15h!p: CiJ~b~rla.\1d 'County, .'~~1in~\'P:anja, mOTe yatpl':ularly bound~d and . 1J~5(:f1bc.d a~ fl)!lo\\'~; 10 \nt; ',t;:tGlc."'\:'\l:\G at _ a point oh thE' north-un -d~dkJ.lt;d righl-o!-\\'ay lint! of \\etherhurn Road (:;0'''1114d .it the \nisiem extremity 01 a,n ,m , <:arm't"ql,!lg i,he, ,"'estern. right-OI.W~Y. 1m:> of : Q\'a'n:S:f65"S1JJ.g 3:06 the fiorln"rn ngbt.oHfa~' "1iilt'of\\'~erburnRoJ.d;.therh::"b\'fhl'n6fthern ',rfSht~ oi......jy.lip" of tYCf~w:r.[)Urn,,'Ro~_.lo..iot1h 7!r -d~-$rl'es 01 mmutes 02 ~~'onds 1"~,,1. J ,.DO {l.'t'l to :>:,a'::'pomt;~th~~c~ .by....tire. oJ ,lot ~?8 \?~~~, 15 :', ',9~gr~~:'15 nilnute~ ~S seCQllO~.t,l:..r, 8Mb 1'(d to " .: a ,',point; l'ht:'n('e by ,other. l;J.n-is ct_ t~.tPi15.' Hun ,- I Pliase UJ ~orlh ~3 degret'S 57 minutes 06 s~onds E.Jsl -so.no !tet to a point on tho: ~oulh.t'(n dght-. :. br..way line of logans Run 1.50' wide); thence_by :-~-:r~!d ri-Sht.of~lI'ay li~l' south,.t6 degrees. 02. "ntll1u(ei> 54 s~_(onds l:<!~t, 61.96 feet to J pomt; thenct"b\' the we5i~m right-of-wa~' lin..: of Ca\'Jn : Cfl:l;:i.)tl'i by J .;um:! tClli~ right ha;:mg ,1 r,1diu~ of : 25.00' fel'!" and, In aJ', hmgth oj 32.95 fed to J' . '. , poin\; thcht>:.'...bv .,,1;Tli." bY J ,cum:! to the left h.a\:in'~",i'f3dlus of r:5:eO fM ,md an ,m It'ns,th oi ' 4L211e.~t to a point; fht'nce by same South 15 d"egt:et$ 5S minuks5il st'.conds 'V('5I, 23,81 fed to . , J."pnin~ thence by the Mrtnem right.of-wJ\, line of V'idherbul'll {{OJd by J tun',: to the' righl had,J'!,g J rJ,rous ?J' :5.00 It'd Jryd an ~r{.lengtli of 3R'1Tf.:et to a poml, plJct! of BEGf\'\I\G. : ElfIYGJuxlI\n .1,10 9 Ca\'.J.ll Cro~Sblg, Enola, Pc\ i7(\ZS . 1dxPJrcell1W-I;.D$36-148. ".g: . .f 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 James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 Th e Patriot-News and The Sunday Pafriof-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, respectiveiy, 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 24th day(s) of April and the 1 st and 8th day(s) of May 2001. 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 personai 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 th" Recording of Deeds in and for said County of Dauphin in Mi7aneous Book "M", ';'~:~g;~:~:. ;;;;~;;.;;;;;;;;;;;;g.;;;;,;,;;;;;;;...;~;;;;;;,.~.~... SALE #20 Notalfal Seal Terry L. Russell, NOIa'Y P~bUC Harrisburg, Dauphin County My Commission Explras Juna 6, 2002 Y commission expires June 6, 2002 Member, Pennsylvania Associalion 01 Notaries CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 "' \ Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 224.10 1.50 225.60 Publisher's Receipt 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 sam" have been duly paid. By.................................................................... -'_e~.1_ . -, ~ - ,.. ",., ::i:_, _'n ^",' . '='-';."--- -c _ ~"~-j'" ' . ,I "!c"-' REAL ESTATE SALE NO. 21'1 Writ #2000-8022 Civil The Bank of New York as Trustee Under the Pooling & Servicing Agreement dated as of November 30, 1997 Series 1997-d vs. Daniel J. Bartos!c and Wendy L. Bartos!c Atty.: Joseph A. Goldbeck, Jr. ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern dedicated right of way line of Wetherburn Road (50' wide) at the western extremity of an arc con- necting the western right of way line of Cavan Crossing and the north- ern right of way line of Wetherburn Road: thence by the northern tight otway IJrre ofWetherburn Road NGFth 74 degrees 01 mlnutes 02 ~conds West. 75.00 feet to a point: thence by line of Lot #58 North 15 degrees 58 mlnutes 58 seconds East, 80.96 feet to a point: thence by other lands of Logans Run Phase 111 North 43 degrees 57 minutes 06 seconds East. 80.00 feet to a point on the southern tight of way line of Logans Run (50' wide); thence by sald rtght of way line South 46 degrees 02 minutes 54 seconds East, 61.96 feet to a point; thence by the' west- em right of way line of Cavan Cross- ing by a CUIVe to the right havLTIg a radius of 25.00 feet and an arc length of 32.95 feet to a pOint: thence by same by a curve to the left hav1ng a radius of 175.00 feet and an arc length of 41.21 feet to a pOint: thence by same South 15 degrees 58 minutes 58 seconds West, 28.82 feet to a point; thence by the northern tight of way line of Wetherburn Road by a curve to the tight hav1ng a radius of 25.00 feet and an arc length of 39.27 feet to a point. place of BEGINNING. Being known as 9 Cavan Cross- ing. Enola. PA 17025, Tax Parcel #09-14-0836-248. r. '.n. '7 , L , ~, . " ,_e, . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being dilly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: APRIL 27, MAY 4,11, 2001 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. A Rogtr M. Morgenthal, Editor "' SWORN TO AND SUBSCRIBED before me this 11 day of MAY. 2001 N . 'SEAL. ", lQl$ E. SNYDe~ PuIIIIc'. CalfiSleBoro Cum ColliIlY:" ~ CommiBBIDn Expims'MIIm 5.~ . '''''''!J~", . .,.IJ~nJ ',' l 1", _", .7 .. ~, GOLDBECK, McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 21S-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #S6129 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 30, 1997 SERIES 1997-D c/o Rosicki Rosicki & Associates P.C. One Old Country Road, Suite 429 Carle Place, NY 11S14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 00-08022 vs. DANIEL J. BARTOSIC AND WENDY L. BARTOSIC (Mortgagor(s)) (Record Owner(s)) 9 Cavan Crossing Enola, PA 1702S PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly satisfy the judgment in the above captioned matter upon payment of your costs only. ;.~. 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