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Home My WebLink About00-08134 McCABE, WE ISBERG AND CONWAY, P. C . BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bankers Trust Company of California, N .A., As Custodian or Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 v. David D. Holmes 2234 Ritner Highway Carlisle, PA 17013 and Christine A. Holmes 2234 Ritner Highway Carlisle, PA 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 00- f/J1 Cv:tT~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE 1ouhaveDeensuedincQurt. lfYOUw1shto defend against the claims .set forth in the following pages. you must take action within twenty (20) days after this complaint and notice are served, by entering a \~ritten appearance personally or by attorney and filing in writing with the court your defenses or Objections to the claims set forth against 'Iou. You are warned that if you fail to do 50 the case may proceed \~ithout you and a judgment may be entered aga1rlst 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 [!loney or property or other rights important to you. YOU SHOULD TAKE 'IBIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR'IB BELOW TO FIND OUT WHERE YOU CAN GET HELP. (umberland County Bar Association ~ Liberty Avenue carlisle.PA 17013 (7l7J249-3166 AVISO Lehandemandado a usted en lacorte. Si ustedquiere defenderse de estas dE'lllandasex-puestasenlaspagiMssiguientes, ustedtiene veinte (20) dias de plazo al partir de la fecha de la dE'lllanda y la notificacion. Hacefaltaasentarunacomparenciaescritaoenpersona o con un abogado y entregar a la corte en forma escrita sus defensas 0 susobjecionesalasdemandasencontradesupersona. Seaavisadoque si ustedno sedefiende. lacortetomaramedidasypuedecontinuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla contodas las provisiones deestademanda. Ustedpuedeperderdinero o SllS propiedades uotrosderechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SINOTIENEABOGADOO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL, Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (717)249-3166 McCABE, WE ISBERG AND CONWAY, P. C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N .A., As Custodian or Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 Cumberland County Court of Common Pleas v. David D. Holmes 2234 Ritner Highway Carlisle, PA 17013 and Christine A. Holmes 2234 Ritner Highway Carlisle, PA 17013 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Bankers Trust Company of California, N.A., As Custodian or Trustee, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is David D. Holmes, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 2234 Ritner Highway, Carlisle, PA l7013. 3. The Defendant is Christine A. Holmes, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 2234 Ritner Highway, Carlisle, PA 17013. 4, On March 20, 1996, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Advanta Finance Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1308, Page 1078. 5. The aforesaid mortgage was thereafter assigned by Advanta Finance Corporation to Bankers Trust Company of California, N.A., As Custodian or Trustee, Plaintiff herein, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 2234 Ritner Highway, Carlisle, PA 17013. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November 1999 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. 8. The following amounts are due on the mortgage: Principal Balance Interest 10/5/99 through 11/10/00 (Plus $24.50 per diem thereafter) Attorney's Fee Cost of Suit Appraisal Fee Title Search $64,735.45 $ 9,849.00 $ 3,236.77 $ 225.00 $ 125.00 $ 200.00 GRAND TOTAL $78,371.22 9. The attorney's fees set forth above are in conformity wi th the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. ~403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under l2 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "E." WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $78,371.22, together with interest at the rate of $24.50 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. T....uvLV"Vl u- ~. m c W'-i!... TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Rhonda Cepeda, ,hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, Bankers Trust Company of California, N.A., As Custodian or Trustee and that she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subj ect to the penal ties of 18 PA. C. S. :!)4904 relating to unsworn falsification to authorities. Rho da Cepeda -\,';' /~ ~l Z. ~-'\ REAL ESTATE MORTGAGE THIS MORTGAGE, IS made and entered into this 20th ,t9~ by day of March and between the undersIgned David D. Holmes and Christine A. Holmes herein called "Mortgagor," and Advanta Finance Corp. havmganofficeandplaceofbusinessat 4811 Jonestown Road Suite 223 Harrisburq, Pa. 17109 Pennsylvania, herein called "Mortgagee". Mortgagor is Indebted to Mortgagee in the pnncipal sum of U.S, S 63659.69 principal and interest, With the balance of the Indebtedness, if not sooner paid, due and payable on payable in monthly installments of 03/25/2011 To secure to Mortgagee the repayment of the indebtedness evidenced by the Note. with intereslthereon; any eKtensions and renewals thereof: the payment of all other sums, with interest thereon, advanced in accordance hereWith to protect the security of this Mortgage: and the performance of the convenants and agreements of Mortgagor herein contained; Mortgagor does by these presents sell, grant, and convey to Mortgagee all that real estate situated in the County of Cumberland (City, Borough, Township) of O~ckiasen Township knownandnumberedas 2234 Ritner Hiqhwav Carlisle Ward Slteel/ldare5$ Pennsylvama, and described in Deed recorded in the Recorder's Office of said County at Deed Clly.Town "'O$lOfflCe Book Volume 035 Page 990 ,and more particularlydescnbedas: See Attached Schedule A Account # 43353183 Case # 888594 TOGETHER WITH all buildings and improvements thereon and additions tl'1ereto, including all alleys, passage\-vays. rights. liberties. privileges. hereditaments and appurtenances whatsoever thereunto belonging, or appurtenant. and all rents therefor (herein called the '.Mortgaged PremIses"), TO HAVE AND TO HOLD the Mortgaged Premises hereby granted and conveyed unto Mortgagee, to and for the use and behoof of Mortgagee. its successors and aSSigns. forever THIS MORTGAGE IS MADE subject to the following conditions. to which Mortgagor agrees. 1. Mortgagor will make all payments on the aue oate thereof and perform all other obligations as reqUired cr orovlded herein and In the Note Mortgagee. al its option, may defer the payment date of all wholly unpaid Irlsial1ments one or more fuli months pursuant to t:-le terms of the Note. Mortgagorwill pay wnen due all taxes and assessments leviea or assessee against the Mortgaged Premises or any part thereof. aM '.viii deliver receims therefor to fhe Morlgagee upon request MortgagorwllI keep the Improvements on the Mortgaged Premises constantly insured against fire <lnd such other hazards. in such amount and With such earners as Mortgagee shall require. with loss if any payable to Mortgagee as its mterest may appear. Mortgagorwill neither commit nor suffer any strip. waste, impalrmentor detenoration of the Mortgaged Premises. and will maintain the same In good order and repair In the event that Mortgagor defaults in making of any payment due and payable under the Note. or In the keeomg and performance by Mortgagor of any of the :::ondillons or covenants 01 this Mortgage or the Nole. Mortgagee may forthw"ilh br"mg an Action of Mortgage Foreclosure hereon, or institute other foreclosure proceedings upon this Mortgage. and may proceed to jUdgmenl and execullon 10 recover the balance due on the Note and any other sums that may be due there:.mder inclucmg reasonable attorney fees. costs of SUIt. and costs of sale, together with Interest after judgment at the applicable rate unlilthe full amount due Mortgagee IS paid. In the evenl MOr1gagor fails to maintain Insurance against fire and such other hazards as Mortgagee requires. Mortgagor 6utl'1onzes Mortgagee at Its option to ol1talrr-such insu~;;lnceand bill Mortgagor for all costs thereof. which such costs Mortgagor agrees to pay, or to add such costs to the then remaining unpaid pnncipal ,balance of the Note and charge interest thereon at the rate of .interest conlained In the Note ShouldtheMortgagoror its successors In interest. wittlOutthe consent in writing of the Mortgagee. sell. transfer. orconvey, or permltto besold, transferred or conveyed. by agreement for sale orin any manner. lIs mteresl rn the Mortgaged Prem:ses (or any part thereof), then Mon:gageelJre all sums secured l'1ereby immediately due and payable, subjecl to applicable law, This prOVISion shall apply to eacll and every sale, t~1'!f1 . 0 yance. regardless ofwhelher or not Mortgagee has consented to. orwaived: its rights hereunder. whether by action or non action In con nee n WI previous sale,transfer or conveyance, whether one or more. Failure to exercise such option sl'1all not consbtute a waiver of the rtght to exer e Optl pon a later event ~ M.ortga90r agrees that this Mortgage is. security. for the pa.yment of the aforesaid. Ob.'.igations. and 8.11 other direct or contmgent lIabihtie.'" ft.. hereof 10 the Mortgagee hereof due or to become due whetl'1er new eXlsling or hereafter contracled. . " If all or part of the sums secured by thiS Mortgage are lent to Mortgagor \0 acquire title to the Mortgaged Premises, thiS Mortgage is hereb cl bea Purchase Money Mortgage. ~ Mortgagor hereby waives and releases all benefit and relief from any and all appraIsement. stay and exemption laws. now in force or hereafter . '?' either forthe benefit or relief or Mortgagor or limiting the balance due under the Note to a sum not In excess of the amount actualIy paid by the purchas " of the Mortgaged Premises a\ a sale tl'1ereof In any IUOIclal proceedmgs upon the Note or uoon thiS Mortgage, or exempting the Mortgaged Premises any other premises or property, real or personal or anv part of the proceeds of sale thereof from attaChment levy or sale under execution or prOVidIng IY for any stay of execution orother process Mortgagor nerebyreleases to Mortgageeall fights and exoectancyofdower courtesy, or Similar slatutorynghts . ~ 10. To theextentlawtul Mortgagor or a Receiver may enter the Mortgaged Premises collec: all rents and apply them lathe (lebt hereunder ThiS shall not 4 cure any aefault ~ BOOK13()8 PAGE!O?8 ;,il ~-' 6\03. PA (05 95] ADDITIONAL TERMS ON REVERSE SIDE .. 3 , 5 6 7 8. 9 . ADDITIONAL TERMS BUT PROVIDED ALWAYS, 1)1131 if Mortgagor does not payor cause thiS Mortgage and Ihe debt or debts hereby secured to be paid in full, then this IV" and the estate hereby granled shall cease and determine and become VOId, anything herem 10 the contrary notwithstanding. The covenants herein conlained shall bind, and the benefits and advantages shall inure 10, Ihe respective heirs. eKeculors. admimstrators. SUGCeS50rs, and assignees of the partjes hereto_ Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. payment of this Mortgage is subject 10 the terms ami conditions of the Note 01 even dale between Mortgagor and Mort9a9~ W;~:=:-~"~,--'~-'_OO.'.'-'--~~I I c:ertifylhe precise residence orlhe Mortgagee to be ':::YI..;,;,"'" [k.,~ A^~ COMMONWEALTH OF PENNSYLVANIA Be,Ls ss: COUNTY OF I On this 20th day or March , 19~, before me, David M. Weller the undersigned officer. persanallyappeared David D. Holmes and Christine A. Holmes known to me (or satisfactonly proven) to be the person~ whose name~ subscribed to Ihe wilhln instrument and acknowledged that they . as Mortgagor ~eKecutedlhe same for Ihe purposes herelO..Q;)ll1J~!a?d In Witness Whereof. I Hereunloset my hand and OffiCl31 seal. -!)riA k uJ . _._- c<>~~~~~~~.&~::~~~ MyCommlssl n expires. NotarialSeal IW1 a )2--0t:~'''."--,. ,<, David M.We.!'.;;,(I.!O!alyPu'c\\c A~~~~~~~~t,::3 WY(;mi~';_g 8cro, 8:=':(5 County My Commi~,->n !::.;::JifP.s May 6, i996 Title of Offi~?~~>~?::~~:..~;~.~:lQ.:~~-;:~F c,. Mcr.lb';f, ?~r:,15r;'/<ir"d~'Clanon ot Nol8l ~~.../..,.;;..,~-.",;. .- ><~b!.;-:.~~.'l;'.~-:' . . - '-0 - en c E~OK130S PAGE1079 ::3 .- -- c " :B ,. m --. ., .., N ;:: .u '" " .. ... -- ._. SPACE ABOVE THiS LINE FOR RECORDER'S USE .~ w (J ~ <( 0 (J 0 0 f- a:: f- a:: LL f- ...J 0 <;: ~ ~ .-"'-' . . ~ ::3 co c c .- I-' '" '" N ~ ~ ,~\ , U1 -< co u G__ en ~ '" . SCHEDULE A Name of Borrower(s) David D. Holmes and Christine A. Holmes Order Number 888594 Legal Description of Real Property: .;;. ALL THAT CERTAIN lot of ground situate in the Township of Dickinson. County of Cumberland, and State of Pennsylvania, the same being bounded and described as follows: BEGINNING at a point in the center of the state highway leading from Carlilse to Shippensburg, said state highway being known as the Governor Ritner Highway, Route #11, said point being a corner of land now or formerly of Lee Hoffman; thence along said lands and lands now or formerly of Chester Weibley, South 30.75 degrees East 565,9 feet, more or less, to a paint in line of iand now or formerly of Ray D. McCoy; thence along ather lands South 54 degrees 35 minutes West 100 feet to a point; thence along other land now or formerly of Ray M. Albright North 30.75 degrees West 573.9 feet, more or less, to a paint in the center of the aforementioned state highway; thence along the center of said state highway, North 59 degrees East 100 feet to a point; the Place of Beginning. Real Property Commonly Known As: 2234 Ritner Highway Carlisle, PA. 17013 ~ //) /. ~/ / ~~~j/-!/;4IL,,-//Ycyf& 19nature Date / David D. Holmes 03/20/96 /,' / -.L, / .,./i-'- ( '7? 1/?)!t.1U' './' / '",CY"1ffd Signature Christine A. Holmes ~4. .~ --:' ~...,/ ':// .J -Yo / :.-; Date ' - 03/20/96 Signature Date Signature Date 61000 (05-95) BOOK1308 p~Gr1a80 . July 6, 2000 Christine A. Holmes 2234 Ritner Highway Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default. and the lender intends to foreclose. Specific infonnation about the nature of the default is provided in the attached pages, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save vour home. This Notice explains how the program works. To see ifHEMAP can help, vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end ofthis Notice. If you have any questions, you mav call the Pemlsvlvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869, This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO EN ADJUNTO ES DE SUMA IMPORTANCIA,(,UES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMP~E'tL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAitENTE,LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGO$ ERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO PO GRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROG CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR ~TECA. HOMEOWNER'S NAME(S): David and Christine Holmes ~ PROPERTY ADDRESS: 2234 Ritner Highway Carlisle, P A 17013 ~ LOAN ACCOUNT NUMBER: 43353183 ~ ORIGINAL LENDER: v: CURRENT LENDER/SERVICER: Advanta Mortgage Corporation ~ HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL V ANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date ofthis Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end ofthis notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting, The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the propertY is located are set forth at the end ofthis Notice, It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions, APPLICATION FOR MORTGAGE ASSIST ANCE-- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the PellIlsylvaniaHousing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY, IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The PellIlsylvarua Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the PellIlsylvania Housing Finance Agency of its decision on your application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEF AUL T (Bring it UP to date), NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at 2234 Ritner Highway Carlisle. P A 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: Aoproximatley $746.73 for the months of August 1999 through June 2000 Other charges: TOTAL AMOUNT PAST DUE: $14191.55 HOW TO CURE THEDEF AULT--You may cure this default within THIRTY (30) DAYS of the date ofthis Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $14191.55. PLUS ANY MORTGAGEPA YMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check. certified check or monev order made pavable and sent to: Pamela Brown Advanta Mortgage Corporation 10790 Rancho Bernardo Road San Diego, CA 92127 IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril!:hts to accelerate the mortl!:age debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment ofthe total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortl;:al!:ed pro{lertv. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even ifthey exceed $50,00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs, If you cure the default within the THIRTY (30) DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and prevent the sale at anv time UP to one hour before the Sheriffs Sale. You mav do so bv paving the total amount then past due. plus anv late or other charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in writing bv the lender and by performing anv other requirements under the mortgage, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale ofthe mortgaged property could be held would be approximately 5 months from the date of this Notice. Anotice ofthe actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender, HOW TO CONTACT THE LENDER: Name of Lender: Advanta Mortgage COI:poration Address: 10790 Rancho Bernardo Road. San Diego. CA 92127 Phone Number: 858-676-6983. Ext. Fax Number: 619-674-3674 Contact Person: Pamela Brown EFFECT OF SHERIFF'S SALE-- Y ou should realize that a Sheriffs Sale will end your ownership ofthe mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You mayor X may not sell or transfer your home to a buyer or transferee who will aSsume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. - 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, IF YOU CURE THE DEF AUL T, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) - TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUlT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. - TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. - TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity ofthis debt or any portion thereof, this office will assume that the debt is valid. If you notifY this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt, If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7000 0600 0028 5577 1595 RETURN RECEIPT REQUESTED July 6, 2000 David D. Holmes 2234 Ritner Highway Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose, Specific information about the nature ofthe default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEAP) mav be able to help to save your home. This Notice explains how the program works, To see if HEAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counseling Agencv. The name. address and phone number of Consluner Credit Counseling Agencies serving vour Countv are listed at the end of this Notice. Ifvou have anv questions. you mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICATION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE, SI NO COMPRENDE EL CONTEN1DO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYL V AN1A HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CAS A DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: David and Christine Holmes 2234 Ritner Highwav Carlisle. PA 17013 43353183 Advanta Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BYTHEPENNSYL V ANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end ofthis notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit cOlmseling agencies for the countv in which the propertv is located are set forth at the end of this Notice, It is only necessary to schedule one face-to-face meeting, Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSIST ANCE-- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one ofthe designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TODOSOORIFYOUDONOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance,) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it UP to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at 2234 Ritner Highwav Carlisle. P A 17013 IS SERlOUSL Y IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: Aoproximatelv $746.73 for the months of August 1999 throug:h June 2000 Other charges: TOTAL AMOUNT PAST DUE: $14191.55 HOW TO CURE THE DEFAULT-- You may cure this default within THIRTY (30) DAYS ofthe dateofthis Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $14191.55. PLUS ANY MORTGAGEP A YMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERlOD. Pavments must be made either bv cash. cashier's check. certified check or monev order made payable and sent to: Pamela Brown Advanta Mortgage Corporation 10790 Rancho Bernardo Road San Diego, CA 92127 IF YOU DO NOT CURE THEDEFAULT--Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril!hts to accelerate the mortgage debt. This means that the entire outstanding balance ofthis debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment ofthe total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour mort!:!a!:!ed propertv. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriffto payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even ifthey exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY period. you will not be reauired to pav attornev's fees. OTHER LENDER REMEDIES-- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RlGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriffs Sale. You mav do so bv paving the total amount then past due. plus anv late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale ofthe mortgaged property could be held would be approximately 5 months from the date ofthis Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Advanta Mortgage Corooration Address: 10790 Rancho Bernardo Road. San Diego. CA 92127 Phone Number: 858-676-6983. Ext. Fax Number: 619-674-3674 Contact Person: Pamela Brown EFFECT OF SHERIFF'S SALE-- Y ou should realize that a Sheriffs Sale will end your ownership ofthe mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time, ASSUMPTION OF MORTGAGE--You mayor X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements ofthe mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. - 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, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) - TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, - TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. - TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity ofthis debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification ofthe debt or obtain a copy of judgment and mail you a copy of such judgment or verification, You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION .oBTAINED WILL BE USED FOR THIS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7000 0600 00285577 1602 RETURN RECEIPT REQUESTED SHERIFF'S RETURN - REGULAR CASE NO: 2000-08134 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CA VS HOLMES DAVID D ET AL RICHARD E. SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOLMES DAVID D the DEFENDANT , at 0936:00 HOURS, on the 27th day of November, 2000 at 2334 RITNER HIGHWAY CARLISLE, PA 17013 by handing to CHRISTINE HOLMES, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: __ff) /;::;:/ L/'" ? ~-:~fiY" ~"t~~J'~~#~ /-B~ f / R. Thomas Kline 11/28/2000 MCCABE WEISBERG Sworn and Subscribed to before By: me this fA.-!-- day of )~ .20"tKJ A. D. o /J- . ~ h:;; U !!1<t!i'f -;/\ . rothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2000-08134 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CA VS HOLMES DAVID D ET AL RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOLMES CHRISTINE A the DEFENDANT at 0936:00 HOURS, on the 27th day of November, 2000 at 2234 RITNER HIGHWAY CARLISLE, PA 17013 by handing to CHRISTINE HOLMES a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 .~~~~~ R. Thomas Kline 11/28/2000 MCCABE WEISBERG Sworn and Subscribed to before By: me this !~t' day of )Jk~t.u~ ,;Lirvv A. D . q~ (), '7?~, 1JfL1. rothonotary , OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: David D. Holmes 2234 Ritner Highway Carlisle, PA 17013 Bankers Trust Company of California, N.A., As Custodian or Trustee CUMBERLAND COUNTY COURT OF COMMON PLEAS v. David D. Holmes and Christine A. Holmes NUMBER 00-8134 CIVIL TERM NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esquire at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Christine Holmes 2~4 Ritner Highway Carlisle, Pa 17013 Bankers Trust Company of California, N.A., As Custodian or Trustee CUMBERLAND COUNTY COURT OF COMMON PLEAS v. David D. Holmes and Christine A. Holmes NUMBER 00-8134 CIVIL TERM NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. ESQuire at (215) 790-1010. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee CUMBERLAND COUNTY COURT OF COMMON PLEAS v. David D. Holmes and Christine A. Holmes NUMBER 00-8134 CIVIL TERM ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 11/11/00 through 3/13/01 TOTAL $78,371.22 $ 3.013.50 $81,384.72 d O/k,)/n-Ci( (;) //7~/;q!rz TERRENCE J! McCABE, ESQUIRE AND NOW, this FIR day of rr(;;vJ~ , 2001, Judgment is entered in favor of Plaintiff, Bankers Trust Company of California, N.A., as Custodian or Trustee and against Defendants David D. Holmes and Christine A. Holmes and damages are assessed in the amount of $81,384.72, plus interest and costs. BY THE PROTHONOTARY: {L -/;;; ;k> "~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee CUMBERLAND COUNTY COURT OF COMMON PLEAS v. David D. Holmes and Christine A. Holmes NUMBER 00-8134 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA The undersigned, being duly sworn according to law, deposes and says 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; and that the Defendants, David D. Holmes and Christine A. Holmes, are over eighteen (18) years of age, and reside at 2234 Ritner Highway, Carlisle, PA 17013. SWORN TO AND SUBSCRIBED BEFORE ME THIS 13#) DAY OF ()~~ ,200l. ;:,J1jt/ ~ !l!6z11 NOTARY P:U IC rflACy~~~~AL SEAL At. CiIy of Philadelphia Notary PUblic . .....Y_S!mmlssion E .' Phlla, County XPlres Oct 23, 2004 I -, / /7 ~'n .~ " n // /'(' ,. vi /, (., , !-P TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee CUMBERLAND COUNTY COURT OF COMMON PLEAS v. David D. Holmes and Christine A. Holmes NUMBER 00-8134 CIVIL TERM CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. True and correct copies of the Notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 are attached hereto and marked Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS I~~ DAY OF rrlAL-~'cA-- ,2001. '0, TERRENCE Ji. , (("1-1;' McCABE, ESQUIRE TRACY NOT ARIAl SEAL , 'lJOw," ...!'-' RIFF, Notary PUb! ~ "WI r",ladeJohla Ph.' IC I ".l.' la Co - - ~l'Im~slon Expires Oci. 23~23'o4cJ VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary To: David D. Holmes 2234 Ritner Highway Carlisle, Pa 17013 Bankers Trust Company of California, N.A., As Custodian or Trustee v. David D. Holmes and Christine A. Holmes December 18, 2000 CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-8134 CIVIL TERM NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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: Court Administrator Cumberland County Courthouse CarL isle, PA 17013 (717) 240-6200 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber present ado una comparecencia escrita, ya sea personalmente 0 por abogado y por no haber radicado por escrito con este Tribunal sus defensas U objeciones a los rectamos formutados en contra suya. Al no tamar la accion debida dentro de diez (10) dias de la fecha de esta notificacion, el Tribunal podra, sin necesidad de camparecer usted en corte u air preuba alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe llevar esta notificacion a un abogado inmediatamente. 5i usted no tiene abogado, 0 si no tiene dinero suficiente para tal servicio, vaya en persona o LLame por telefono a La oficina, nombrada para averiguar si puede conseguir asistencia legaL. Court Administrator Cumberland County Courthouse CarLisLe, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/kh ExJ'l10,f ~- fJ 1/ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary To: Christine A. Holmes 2234 Ritner Highway Carlisle, Pa 17013 Bankers Trust Company of California, N.A., As Custodian or Trustee v. David D. Holmes and Christine A. Holmes December 18, 2000 CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-8134 CIVIL TERM NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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: Court Administrator CumberLand County Courthouse Carl isle, PA .17013 (717) 240-6200 NOTIFICACION IMPORTANTE Usted se encuentra en est ado de rebeldia par no haber present ado una comparecencia escrita, ya sea personalmente 0 par abogado y par no haber radicado par escrito con este Tribunal sus defensas U objeciones a los reclamos formutados en contra suya. At no tamar la accion debida dentro de diez (10) dies de La fecha de esta notificacion, el Tribunal padre, sin necesidad de comparecer usted en corte u oir preuba alguna, dieter sentencia en su contra y usted podria perder bienes U otros derechos importantes. Debe lLever esta notificacion a un abogado inmediatamente. 5i usted no tiene abogado, 0 5i no tiene dinero suficiente para tat servicio, vaya en persona o llame par tetefono a la oficina, nombrada para averiguar si puede conseguir asistencia legal. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone nmnber: (215) 790-1010 TJM/kh BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE IN THE COUR:r OF cx::MDN PLEAS OF ClMBERIJ\ND muNI'Y, PENNSYLVANIA CIVIL DIVISION File No. 00-8134 Amount Due $81,384.72 Interest from 3/14/01 v. Atty's Corrrn DAVID D. HOLMES and CHRISTINE A. HOLMES Costs $1,015.00 TO THE PRO'IHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAOCIPE FOR EXEClJrION Issue writ of execution in the above rratter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 2234 Ritner Highway, Carlisle, PA 17013 (See attached description). PRAECIPE FOR ATI'ACHMENl' EXEClJrION N/A Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: ;-- n~o I Signature: Print Name: ~rrp/YlA' x () IJ?n;;lR Terrence J. Mc~be, Esquire Address. 123 S. Broad Street, Suite 2080 Phi1a., PA 19109 Attorney for; Plaintiff Telephone: (215) 790-1010 Supreme Court ID No.: 16496 ALL THAT CERTAIN LOT OF GROUND SITUATE IN Tm TOWNSHIP OF DICKINSON1 COUNTY OF ClJME!l:RLJIh'D }llil!) STATE OJ/' PE1'illSYLV1J:UA, 'I'HH.: SA.4l!: BEING EOUNDED .AND DESCRIBTiJO AS JroL!DWS I BEGINNInG AT A POUI'!"' IN THE: CWN'I'ER OF THE STA'rE HIGHWAY LIDADU1G FRo.;.r CARLISLE ;;(Tr) SHIPPEl'J,sSL'RG SAID STATE HIGHWAY BEI:NG KNOWl'l' AS THE: GOVER~iOR RIT1:lER HIGJ-W:ztl.y I RQUrrE ~11 SAID pon?1.' BE!:t;G P. CORNER OF LANDS 1:1'0J;.' OR FOPMEJRLi' 06' LEE HOFi'MAN i THENCE }lLaNG SAID IJUIDS AND U.JIDS 1:W'j'f OR FCRMEJRL't Oli' CHESTER WEIBLEY I SOUTH 30.75 D'IDG:9E.E.S EA.ST 565. 9 FEET I .MORE OR LESS TO A pon:rz. :::n LItlE 011' L'l\NDS Half OR l'ORMmRLY OF RAY D. MCCOY; THENCE ALONG OTHER LANDS SOUTH 54 DEGREES 35 l.fiNU'l'ltS WES'r :LOa FEET TO A POINT; THENCE .ALONG OTH:!llR LMlDS now OR FORMEE!LY OF RAY M. AJJBRIGH'!' NOR'l'H 3(', '7~ tEGRElES WEST 57.:3,$1 FEET, MORE OR LESS TO A POIHT IN TH.\IJ CENTER OF 1J:HID AE'ORroMl!JNTl:OlWD STATE 05' HIGHWAY,' THENCE ALO!fG THE CENTER OF SAID STATE HIGm7AY I NORTH 59 nHlG:RElllS EAST 100 !i'iG1G'l' TO A POl:b,'T t 'IP.H: PLACE or BEGINNING. THE PROPER'll;! 1,:) (;O~10NLY I<N~ AS: 2234 RITNER HIGHWAY, CARLISLE, PA 17013 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee CUMBERLAND COUNTY COURT OF COMMON PLEAS v. David D. Holmes and Christine A. Holmes NUMBER 00-8134 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2234 Ritner Highway, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address David D. Holmes Christine A. Holmes 2234 Ritner Highway Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address David D. Holmes Christine A. Holmes 2234 Ritner Highway Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Citifinancial f/k/a Commercial Credit Corp., Inc., Successor in Interest to Security Pacific Finance, Inc. 7467 New Ridge Road Suite 222 Hanover, MD 21076 Attn: David Parks Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Plaintiff which may Name and address of every has knowledge who has any be affected by the sale: other person of whom the interest in the property Name Address Tenant(s) 2234 Ritner Highway Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. '~"'r<-Of Jer;.")/J1J( f ,lJt (f1~ TERRENCE . McCABE, ESQUIRE Attorney1for Plaintiff DATE ALL THAT CERTAIN LOT OF GROUND SITUATffi IN THH: TOWHSHIP OF DICKINSON, COlTNTY OF CUMBEIUJIl\'D.. AlI1D S'I'ATli: OF PENNSYLV.ANIA, THE SA..N1E BEING BOUNDED AND DESCRIBED AS FOLlr:JWS I BEGINfiING A'J.' A PO IN''!' IN THE C!!lNTIDR OF THE STATE HIGHWAY LE1\DIl'lG !i'p.a.\1: CARLISLE 1'1) SHIPP1lJl-TSBl:RG SAm STATE HIGffi'r.\;( BEn:lG KMOWl.'I' AS 'l'HIC GOVERllOR RIT~EF. HIGrmAY I ROUTE hi SAID P0H.j';r E&IKG P. CORNER OF L1\NDS Nov.T OR FORMERLY aii' limE HOFFMAN i THENCE ALONG SAID LANDS AND lJoJWS l':iO?f OR Fr.'BMERLY Oli' CHES'L'ER .NEIBLEY, SOUTH 30.75 DEG!<EES EAST 565.9 nET I MORE OR LESS TO A POH:rr- ~n LHU!: 011' L,:WDS NON' OR ]'ORMB:BLY OF RAY lJ. MCCOY; THENCE .ALONG OTHER LANDS SOUTH 54 DEGREES 35 li"iNU'l'ES m'5~ 100 FEET TO A POINT; THENCE ALONG OTHER LMlDS 1T~T OR FOHMEFL'f OF FAY M. AT~BRrGH'I' NoR'l'H 3(0. 7~ tEGRi!JES WEST 573,9 FEET I MORE OR LESS TO A peINT :i.N THllJ CEmER OF THE .AFORIIlMEN'!'l:ONED STATE 05' HIOHU,'l\,y; 'I'HENCE ,ALOUG THE CENTER OF SAID STATIil HIGHWAY, NORTH 59 DJllGREES IDAST 100 S'IDlG'Il TO A pan..,., 'rr.re PLACE or BEGINNING. THE PROPERTY lB c.:()~lONLY KN~ AS: 2234 RITNER HIGHWAY, CARLISLE, PA 17013 ft<hlbtl ~j)/j McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee CUMBERLAND COUNTY COURT OF COMMON PLEAS v. David D. Holmes and Christine A. Holmes NUMBER 00-8134 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David D. Holmes Christine A. Holmes 2234 Ritner Highway Carlisle, PA 17013 Your house (real estate) at 2234 Ritner Highway, Carlisle, PA 17013 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on June 6, 2001 at 10:00 a.m. in the Commissioner'S Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $81,384.72 obtained by Bankers Trust Company of California, N.A., as Custodian or Trustee 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 canceled if you pay to Bankers Trust Company of California, N.A., as Custodian or Trustee the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice 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 is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on Julv 5. 2001. 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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after Julv 5, 2001. 7. You may also have other rights and defenses, or ways of getting your real estate 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. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ALL 'l'HAT CERTAIN LOT OF GROUND SITUATi: IN THH: TmmSHIP OF DICKINSON, COlTNTY or CUMBEl1lJ:~l).. AlI1D STATE OF PEliliSYLVJ.NIA/ THIC SA.l.1ID BEING BOUNDED KND DESCRIBED AS FOLLOWS I BEGINNnTG A'l' A POINI' IN THE CB::NTER OF THE STATE HIGHWAY LEADIl'IG FF.OM CARLISLE Tl) SHIPPn:l..SBl:RG SA1'!) STATE HIGHWAY BEI:t::G KMomI' AS 'l'HE GOVERnOR RITl:lEP. HIGHWAY I ROUTE !l:1.1 SAID P0nn aElliG P. CORNER OF LANDS NOT!? OR FOPMl!lRLY aii' UlE HOFi'M7\N i THENCE 1>LONG SAID LANDS J\ND ')...rUWS NCM OR FORMERLY OlJ' CHES'I'ER l'1EIBLEY I SOUTH 30.75 DIDG9EES EAST 565.9 FEET, MORE OR LESS TO A POH1'I' ::n LH1E eBL L~S NOW' OR l'oRMEBLY OF FAY D. MCCOY; THEHCE ALONG OTHER LANDS SOUTH 54 DIllGREES 35 l..riNU'lLES m'5~ 100 FEET TO A POINT; TrDilNCE ALONG OTHER LA}lDS now OR FOF.NEElL'f OF FAY M. .A1JBRIGH'I' NORTH 3(,',75 tEGRi!JES WEST 573,9 FEET / MORE OR LElSS 1'0 A POINT IN THllJ CENTER OF 'tHE AE'OREMENTIomD ,STATE oS' HIGHWAY; THENCE ALONG THE CENTER OF SAID STATE HIGHWAY I NORTH 59 DHlGRfCES mAST 100 Fill!,;'):! TO A Pon.ry I '!r.ffi PLACE OF BEGINNING. - THE PROPERTY 15 COMMONLY KNOWN AS: 2234 RITNER HIGHWAY, CARLISLE, PA 17013 SHERIFF'S RETURN - REGULAR CASE NO: 2000-08134 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CA VS HOLMES DAVID D ET AL DEP RICHARD E SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOLMES DAVID D the DEFENDANT , at 0936:00 HOURS, on the 27th day of November, 2000 at 2234 RITNER HIGHWAY CARLISLE, PA 17013 by handing to CHRISTINE HOLMES a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Amended Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.10 .00 10.00 .00 31.10 ~, 1?{'!;~,:J~~~;~~~~<<~ R. Thomas Kline 11/28/2000 MC CABE,WEISBERG Sworn and Subscribed to before By: me this /& 'e... day of IM"",-,,- ~~ J A.D. q~t;: JU-'ee: 'rr'K "P othonotary - / r I M~CABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee CUMBERLAND COUNTY COURT OF COMMON PLEAS v. David D. Holmes and Christine A. Holmes NUMBER 00-8134 CIVIL TERM AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the plaintiff in the within matter, hereby certify that on the 20th day of APRIL, 2001, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." (j~fl\\Q(lJ\9 ~. ~f\~(k~ TERRENCE J. McC BE, ESQUIR ~ SWORN TO AND SUBSCRIBED BEF'ORE ME THIS 20TH DAY OF APRIL, 2001. r ';1f(/uJll kL I, /-!-rtu<..IJ NOTARY PUBLIC McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee CUMBERLAND COUNTY COURT OF COMMON PLEAS v. David D. Holmes and Christine A. Holmes NUMBER 00-8134 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2234 Ritner Highway, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) Name Address David D. Holmes Christine A. Holmes 2234 Ritner Highway Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address David D. Holmes Christine A. Holmes 2234 Ritner Highway Carlisle, PA 17013 judgment is 3 . Name and a record lien Name last known address of every judgment creditor whose on the real property to be sold: A.ddress Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Citifinancial f/k/a Commercial Credit Corp., Inc., Successor in Interest to Security Pacific Finance, Inc. ~'J\" Plaintli~~tlS'lr ~ 7467 New Ridge Road Suite 222 Hanover, MD 21076 Attn: David Parks 5. or record Name lien Name and address of every other person who has on the property and whose interest may be Address any record interest in affected by the sale: None. 6. knowledge sale: Name and address of every other person of whom the Plaintiff has who has any interest in the property which may be affected by the Name Address Tenant(s) 2234 Ritner Highway Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. April 20, 2001 ~i\\\\\Q\'1~ ~. '\'Q~Q ~ TERRENCE J. McC~ E, SQUIRE Attorney for Plaintiff DATE EX'j 'rBO IT ." H,.."c g, Up\' McCABE, WEISBERG AND CONWAY, P.C. BY, TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee CUMBERLAND COUNTY COURT OF COMMON PLEAS v. David D. Holmes and Christine A. Holmes NUMBER 00-8134 CIVIL TERM DATE, April 20, 2001 TO, ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): David D. Holmes and Christine A. Holmes PROPERTY: 2234 Ritner Highway, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on June 6, 2001 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd rloor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold an interest in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EX.HlB\T UB" "1l en ." o 3 '" ex> .... ..... >- ~ I c '" '" '" f-- if/g g\2. <.z 'c 0.3 eg "1l~ 00 0_ Ci:p. ;>;~ 0' '0 1\ 0\.1 " o g . o :~i o Q. .g ~ i ~. tll s. " <Q '< . ~ ~ -0 ~ .. . ~ ~ ~ ;;- F 5l OJ ~ ~~~i!r~,g';! 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Bankers Trust Company of California N.A., as Custodian or Trustee VS David D. Holmes and Christine A. Holmes In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-8134 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Terrence McCabe Sheriff s Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Postpone Sale Law Journal Patriot News 30.00 30.00 15.00 .50 1.00 25.09 3.10 15.00 15.00 2.38 12.03 20.00 228.20 216.27 $613.57 paid by attorney 09-20-01 Sworn and subscribed to before me So Answers: Thisu..l- dayof(]}zClu-. r~"'At:.~~ (- . . _.. R. Thomas Kline, Sheriff 2001,A.D.,--~"I" ~C h1.dJP,-u, 'r' n . r._ ~.-d / BY '4PcL/'-.J~ Prothonotary Real Estatt Deputy ; 1';0 cJ0 Ck. .3'/011 d2w~ i /7 /.Z'f McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee CUMBERLAND COUNTY COURT OF COMMON PLEAS v. David D. Holmes and Christine A. Holmes NUMBER 00-8134 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2234 Ritner Highway, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) Name Address David D. Holmes Christine A. Holmes 2234 Ritner Highway Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address David D. Holmes Christine A. Holmes 2234 Ritner Highway Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Citifinancial f/k/a Commercial Credit Corp., Inc., Successor in Interest to Security Pacific Finance, Inc. 7467 New Ridge Road Suite 222 Hanover, MD 21076 Attn: David Parks Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6 . Plaintiff which may Name and address of every has knowledge who has any be affected by the sale: other person of whom the interest in the property Name Address Tenant(s) 2234 Ritner Highway Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 'J "t") "I ') .<~.U A ,-A-I? 1'''/C r ( <it C;::;i\--t TERRENCE I McCABE, ESQUIRE Attorney/for Plaintiff DATE ALL 'l'HAT CERTA!N LO~ OF GROUND SITUA.TE IN THE TO'W!::r,sHIP OF DICKINSON, COlTtiI'Tl'" OF CUMBlIiBLIl"ili'D.. AlI1D STATE 0]' PEHNSYLV}~IA/ THE SA..lxlE BEING BOUlWED Am> DESCRJ::aIDD AS JroLL-OWS, BEGI'NNrrfO AT 1\ POINT IN r.t'HE cmtii'I'ER OF THE STATE HIGHWAY LE1\DI'NG FROM CARLISLE ':('1) SHll?PIDliTSBl:RG SAW STATE HIGHWAY 13mI~G mom AS THE: GOVERUOR RITt'1EF. HIGH'NA"i I ROUT1!J #11 SAID roni'l' EEI1.'G l. CORNER or LANDS NOW OR FO~E?LY oU' LJlID HOrrMAN; THENCE ].,LONG S.lj,IO LANDS AND 'Lt\tIDS ~cti1 {n~ E'CRMERLY all' CHlilS'I'ER 1'1EIBLEY, SOUTH 30, 75 DEG~EES EAST 565.9 li'IDET, MORE OR LEISS To A POHf],\ :::U LIt.f.li: Oh~ :r..:~NDS HOW OR l'ORMEBL'l OF RAY lJ. MCCOY; THl!llJCE .ALONG OTHER LANbS SOUTH 54 DEGREES 35 llf'.c}lUrL'JI:S W1'S~ 100 FEET TO A paIN'!'; THENCE ALONG OTHER LA}lDS norT OR FOB.HEB.L'f OF R.1\Y M. A1~BRrGH'L' UoP..'l'H 3(0. 7!': I:EGREES WIllS'!' 573,9 FEE'l', MORE OR LESS TO A PCIN'T 11'1 THl9 CBlN'J.'lDR OF 1'HE AIi'ORHlMEN'L'.r:omIl ,':;T]l"TE tl5' HIOrIT'(AY',' '1'HENCE ALOUG Tl1111 CENTIDa OF SAID STA'I'E HIGm;rAY, NORTH 59 DHlGRlCES li:AST 100 S'1i)'K:'):1 TO A POlli'r, 'IP.W PM.CE or BEGINNING. THE PROPERTY I::i U<.IMMONLY KN~ AS: 2234 RITNER HICHWAY, CARLISLE, FA t7013 E;<hlb,t 'j}ll McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee CUMBERLAND COUNTY COURT OF COMMON PLEAS v. David D. Holmes and Christine A. Holmes NUMBER 00-8134 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David D. Holmes Christine A. Holmes 2234 Ritner Highway Carlisle, PA 17013 Your house (real estate) at 2234 Ritner Highway, Carlisle, PA 17013 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on June 6, 2001 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $81,384.72 obtained by Bankers Trust Company of California, N.A., as Custodian or Trustee 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 canceled if you pay to Bankers Trust Company of California, N.A., as Custodian or Trustee the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice 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 is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on Julv 5, 2001. 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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after Julv 5, 2001. 7. You may also have other rights and defenses, or ways of getting your real estate 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. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ALL 'l'HAT CERTAIN LOT OF GUOUND SITIJAT'E IN 'I'HH: TOl'n::rSHIP OF DICKIN'SON, COUUTY or CUMBEFlt.fTh'D.. Al'ID STATE OF PE1~SYLVANIA, THt SA-ME BEING BOUNDED AND DESCRIBED AS FOLLOWS, BEGINNIHG AT A FOIN'!' IN 'I'liE CWNTER OF THE ST.AT.lII HIGHWA'i LIDl\DI1'lG !i'Ho.."! CARLISLE 'I'l) SHI!;IPll1101'sBI:RG BArD STATE HIGffi'r.\"f BE;rnG [<MOWN AS THE GOVERnOR RITl'lER HIGHWAY, RQU'!'E ~11 SAID FOrbr!' BEIl'iG 1'. CORNER or L.A1IDS Nortf OR FORMEPLY' or LEE HOl1'rMAN; THENCE' ALONG SAID LANDS AND l..iUIDS l':iC~-r {)R F'CRMEBLY O~' CHES'L'ER WEIBLE):' I SOUTH 30,75 DEG:;IEE,9 EAST 565.9 Ii'EET I .MORE OR LESS TO A pon~'I' :::n Ln:U!: Ol!~ L..~s NON' OR rORMl!lRLY OF RAY n. MCCOY; THENCE },LonG OTHEJR LANDS SOUTH 54 DIDGRID:ES 35 HH1'J'l'l!:S m'5'!' 100 FEET TO A POINT; THENCE ALONG OTHEJR LANDS HOW OR FO'f/.MEFL'f OF RAY M. AJ'..BRIGH'L' lWR'l'H 3(,', 7~ tEGREES WIIlST 573,9 FEE'l', MORE OR :r..mSS TO A POINT !N TPJlJ CJ!lN'?:'IlJR OF 'rHm AIi'DRHMEN'rrOmlD "~'I'ATE 05' HIGHNAY; THENCE ALOUG THE CENTR:R OJ!' SAID STA'I'Jil HIGHWAY / NORTH 59 DHlGREES mAST 100 5'ID'E'l1 TO A POINT I 'IKIll PLACE OF BEGINNING. . . ., , ..-s THE PROPERTY IS C().e-'~lONLY KNOWN AS: 2234 RITNER HIGHWAY, CARLtSLID, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-8134 CIVIL liP< TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: Bankers Trust Company of California, N.A., as To satisfy the debt, interest and costs due Custodian or Trustee David D. Holmes and Christine A. Holmes, 2234 PLAINTIFF(S) Ritner Highway, Carlisle, PA 17013 from DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property ofthe defendant(s) not levied upon an subjectto attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as agarnishee and is enjoined as above stated. Amount Due $81,384.72 L.L. $.50 Interest f'rnm ,/1 4/01 Atty's Comm % Due Prothy Other Costs $1. 00 $1,015.00 Atty Paid Plaintiff Paid $150.20 Date: March 14, 2001 Curtis R. Long Prothonotary, Civil Division by--- a 0/'""-'< _ P ry:r;/i/,V cr---. Deputy REQUESTING PARTY: Address: Terrence J. McCabe, Esq. 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: 215-790-1010 Supreme Court ID No. 16496 Name . . REAL ESTATE SALE No. '3/ un qYI.(;"~ f ~i9o (j i the sheriff levied upon the ~0Mlai'i;''1: Interest in the real property situated in4~ ~~/'" . Cumberland Co~nty, Pa., known 'md numberedas:~3V Rj;;;:<,o{._J4~~) O~LJL and more fully aescrilJed on Exhibit "A" filed with c:;:nJ :ill this writ and by this reference incorporated herein. ere> "Il1te: ~-"'~ /5;;;!lbI By: '-!Ji;~ :t liVil ~~J _}..c:H~3c\ .... \\i'<i 1"-. \ _\~..., "; 'I' t '\ c:. t ,,,.(... --) ,. . . ,. \l~\\ " \~..,'G I;J\ s.\ \\H \j, ,,"'~:~~\(\() () ,.(;".,~, ," ~,,\~~ 1-1,\\\\ ~ ,,\\i'~ ~~\ll:l'c\~ REAL ESTATE SALE NO. 31 Writ No. 2000-8134 Civil Bankers Trust Company of California. N.A. as Custodian or Trustee vs. David D. Homes and Christine A. Holmes Atty.: Terrence McCabe ALL THAT CERTAIN lot of ground sUuie in the Township of D1ck1nson, County of Cumberland, and State of Pennsylvania. the same being bound- ed and described as follows, BEGINNING at a point in the cen- ter of the state highway leading from Carlisle to Shippensburg said state highway being known as the Gover- nor Ritner Highway. Route # 11 said pOint being a conler of lands now Of fonnerly of Lee Hoffman; thence along said lands and lands now or formerly of Chester Weibley, South 30.75 degrees East 565.9 feet. more or less to a point in line of lands now or formerly of Ray D. McCoy; thence along other lands South 54 degrees 35 nUnutes West lOa feet to a point; thence along other lands now or formerly of Ray M. Albright North 30.75 degrees West 573.9 feet. more or less to a pOint in the center of the aforementioned state of highway; thence along the center of said state highway, North 59 de- grees East 100 feet to a pOint. the place of beginning. The property is commonly known as: 2234 Ritner Highway. Carlisle. PA 17013. ,,' 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 duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: APRIL 27, MAY 4, II, 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 subj ect 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. '/"'-ToYJ/'^--~ Rogh M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 11 day of MAY. 2001 . NOli . LQIS E. SNYDER. No!wy Public . ClIIlIaleBoro. ClJm!Je~!ll1d Coonty . . . ~ CommlBn Eltpiro3 MllICh 5. 2005 . , ~/R;"""",""'1a":l~",='}< " 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 Patriot-News newspapers of general ciroulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and ail have been conlinuously 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 personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", V;~;~i;~:::. ~~;~,".;;;;;;;,;;~;i ..... .'";";;;~... ... ..~;.. ...;.;.~~;..~:~:.. S ALE #31 Notarial Saal J' T .rry l. Ruas.lI, Notary Public /' ;: / . Harrisburg. Dauphin County My Commission E}(plres June 6. 2002 Member, Pennsytvanla Association of NotariUy commission expires June 6, 2002 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 $ 214.77 1.50 216.27 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 same have been duly paid. By.................................................................... REAL ESTATE SALE No. 31 Writ No. 2000-a134 CivliT"m Bankers Trusl Company of Callforni~l N,A. As Custodian orTrustee vs David D. Hoimes and Chrisline A, Holmes AUy: Terrence McCabe D!:~CRIPTlON ALL THAT CERTAIN 101 of groond ,ilu.l. iu 111. Tov'lI1ship of Dickinson, County of Cumberland, and Slate of Pennsylvania" the same being bounded and described as fnllm','s; BEGI~NING at 'a point in t~e center of. the state highway leading from Carlisle to Shippensburg said state highway being known as the Governor Ritner Highway, Route #11, said point being a corner of rands now or formerly of Lee Hoffman; thence along said lands and lands now or formerly. of Chester Weibley. .south 30.75 degrees east 565,9 feet) more or less to a point in line of lands now or formerly of Ray D. McCoy; thence along other land, south 54 degrees 35 minutes west 100 feet to a p.oint; thence along other lands n'ow or fonnerly of Ray M, Albright north 30,75 degrees west 573,9 fed, more or less,. to a point in the center of t1:e aforementioned state of hi~w,aYiJhgn~~)~jong, the c~nter, of said state hi~bW,y"biffil\;59dAArees~slll1O feet!o . pOlnt/lhepl.".fBEGINNIN(;... .' The pro~ny iswmmo~ly.knPwn a$l~ Ritner Highw.y. l;.rlisle; ~A17011 . ' . ; McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As custodian or Trustee v. David D. Holmes and Christine A. Holmes CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-8134 CIVIL TERM PRAECIPE TO MARK JUDGMENT SATISFIED AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark judgment satisfied and above-captioned matter discontinued and ended, without prejudice, upon payment of your costs only. (l/)MPJi-~ J: &1<- W<Z.-- TERRENCE J. MfCABE, ESQUIRE Attorney for Plaintiff