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HomeMy WebLinkAbout03-1868GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE M_ALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. MARK E. BOYLES WANDA L. BOYLES Mortgagor(s) and Real Owner(s) 152 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. .-.~ ,iON: MOFIT(IA{~ THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TI-IlS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO,RECUERDE:REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUFJAS EN ESTA DEMANDA. SIN NOTIFICARIO, SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, DECIDIR A FAVOR DEL DEMANDANTE y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE o Plaintiff is MANUFACTURERS & TRADERS TRUST CO., PO Box 840, Buffalo, NY 14240-0840. The name(s) and address(es) of the Defendant(s) is/are MARK E. BOYLES, 152 E. North Street, Carlisle, PA 17013 and WANDA L. BOYLES, 149 Opossum Lake Drive, Carlisle, PA 17013, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On December 29, 1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FINANCIAL TRUST CO., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1297 Page 437. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: MANUFACTURERS & TRADERS TRUST CO. by Assignment of Mortgage, which assignment is lodged for recording. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due November 05, 2002, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 10/05/2002 through 04/30/2003 at 7.5420% Per Diem interest rate at $13.12 Attorney's Fee at 5.0% of Principal Balance Late Charges from 11/05/2002 to 04/30/2003 Monthly late charge amount at $31.68 Costs of suit and Title Search Escrow Debit $63,528.53 $2,728.95 $3,176.43 $190.07 $900.00 $70,523.98 +$527.40 $71,051.38 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. 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 in the sum of $71,051.38, together with interest at the rate of $13.12, 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. ATTORNEY FOR PLAINTIFF .. ,.. EXHIBIT A Borrower: Marl( E. Boyles Lender: Financisl Trusl Company Wanda L. Boyles Main Office 152 E. North Street One West High Street Carlisle, PA 17013 Carlisle, PA 17013 This Exhibit A is attached to and by this reference Is mede a part of eaCh Deed of Trust or Mortgage, dated December 29, 1996, and executed In conneclion with a loan or other flnanclsl aCcommedalions between Financlsl Trusl Company and Mark E. Boyles and Wanda L. Boyles. ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: On the North by East North Street; on the East by land now or formerly of John A. Madden; on the South by Locust Alley; and on the West by property now or formerly of George Laley. CONTAINING 30 feet in front on said East North Street and extending at an even width 240 feet in depth to said Locust Alley, and having thereon erected a two-story brick dwelling house, known as and numbered 152 East North Street, and other improvements. BEING the same premises which Mark E. Boyles and Wanda L. Boyles, by their deed dated December 29, 1995, and recorded concurrently herewith, granted and conveyed unto Mark E. Boyles and Wanda L. Boyles, mortgagors herein. ~:'~t,~ of Pennsylvania ~ :-,.lnty of Cumberland .;~orded in the office for the r~ding . a'nd f r a.d C0un ( THIS EXHIBIT A IS EXECUTED ON DECEMBER 29, 1995. BORROWER:, _ a E. Boyles ~ .................................... '"'"'~'"'"~'"'"'""~ '- ............ '. LENDER: Financial Trusl Cojnpany~ aulhorized Officer wanaa L. Boyles ................. 0 1298 443 LASER PRO, Reg. U.S. Pat. & T.M. Off,, Var. 3.20b (c) 1996 CFI ProServlces, Inc. All rights reserved. IPA-G60 E3.20 F3.20 P3.20 BOYLES. LN R31.0VLJ M&T Mortgage Corporation .~ · .l,~q y. .... '" ..... "': ~ .'," ,",l~';i'i~A?',;I,; ,,, fh'r'r 140' )?~"~; ~f't;~"-;¢;cr¢~':~;i-,- iig';'U,ht ~ k 1-800-724-1633 January22,2003 Mark E Boyles 152 E NSt Carlisle, PA 17013-2430 EXHIBIT. A HOMEOWNER'SNAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: CURRENTLENDE~SERViCER: Mark E Boyles Wanda L Boyles 152e N St Carlisle, PA 17013 9789769 M&T Mortgage Corporation HOMEOWNER,S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL A. SSISTANCE WHI.CH CAN SAVE YOUR HOM~. FROM FORECLOSURE AND HELP YOU.MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER,S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARy STAY OF FORECLOSURF. _ 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 agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and tele hone numbers ofdesi ated consumer credit counselin a encies for the coun in which the roe is located are set forth at the end of this M&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 M&T Mnrtoao~ C'nrnnrnfinn . PRvrm=nf¢. p (~ Rn~ 444 R~,ff~ln N~w Ynrk 14)4fi-fl444 MaX'Mortg e.Co oration :-:-~ ~ .... I[~1;~1,~' O.: M-~I'ktAFll,;, f)~'Cr 14tl Tr,~::~ r~./'l'5~?c;*'tc~;~-~ .t~cl,.ij.,.d 1-800-724-1633 January 22,~ 2003 Wanda L Boyles 152 E N St Carlisle, PA 17013-2430 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: CURRENT LENDER/SERVICER: Mark E Boyles Wanda L Boyles 152e N St Carlisle, PA 17013 9789769 M&T 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 MO~/TG_AGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR ;VITHIN THE NEX_~_.~T._f_~) DAYS NOT APPLY FOR EMER ~~ ~v..,tt ._40 DAYS. II)' YOU DO GENCY 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 D_ _ -ATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and tele hone numbers of desi ated consumer credit coUnselin a encies for the coun in which the roe is located are set forth at the end of this M&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 M&T Mortaaae Cornoration · PRvrn~nit, · p rD. Rn~ 444 R~ff~ln N~w Ynrk 14~4Fl-(1444 M&T Mortgage Corporation h ~;UIi~%I[)~;'~.~ .~)~' ~41'[,t,/~,~.~1q , I',),',,f~' */40 ,3~'t.% ¢!'l~'~V~.?f,~'l(;:~¥ ['~.<~!r~)~d .,, 1-800-724-1633 Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of yOur default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency ASsistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your 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 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. (Il' you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 152e N St Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Regular monthly payments of $ 645.83 for the months of 11/04/2002 through today's date: Other charges: Accrued late charges: Accrued other fees: TOTAL AMOUNT PAST DUE: $1,937.49 $ 63.36 $109.76 $2,110.61 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH 'IS M&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 M&T Mnri'aaa¢ Cnrnnrafinn . P,-~vrn.,~nt'¢. p ('~ Fln~ 444 R,,f-t:~ln I~1,~^~ Vnrt, ld'>dfl_rh~.zl e Corpomr o 1-800-724-1633 $2,110.61, PLUS A~ MORTGAGE PA~ENTS ~ LATE CH~GES WHICH BECOME DUE D~G THE TH~TY (30) DAY PE~OD. ~avments must be made either by Cash, cashier's check, ce~ified check or money order made payable and sent to: M&T Mortgage Corporation One Fountain Plaza / 7th Floor Attn: Payment Processing Buthlo, NY 14203 ~t~hm TH~TY (30 DAYS of the date of this leRer:'. I~ YOU DO NOT CU~ T~ DEFAULT--If you do not cure the default within ~TY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due i~ediately and you may lose the chance to pay the mo~gage in monthly installments. If full payment of the total amount past due is not made within TH~TY (30) DAYS, the lender also intends to insect its a~omeys to start legal action to foreclose upon your mortgaged property. I~ THE MORTGAGE IS FO~CLOSED UPON -- The mo~gaged prope~ will be sold by the Sheriffto pay off the mo~gage debt. If the lender refers your case to its a~omeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable a~omey's fees that were actually incu~ed, up to $50.00. However, if legal proceedings are sta~ed against you, you will have to pay all reasonable a~omey's fees actually incu~ed by the lender even if they exceed $50.00. ~y a~omey'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 t~es. ~T~R LENDER ~MEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mo~gage. ~LT P~OR TO SHE~FF'S SALE -- If you have not cured the dehult within the TH~TY (30) DAY periOd and foreclosure proceedings have begun, you still have the right to cure the dehult and prevent the sale at any time up to one hour before the Sherifgs Sale. You may do so by paying the total amount then past dUe, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sherifgs Saie as specified in ~iting by the lender and by perfo~ing any other requirements under the mo~gage. Curing your defanlt in the manner set t~rth in this notice will restore your mortgage to the same position as if you had never delhulted. ~A~IEST POSSIBLE S~FF'S SALE DATF -- It is estimated that the earliest date that such a Sherifgs Sale of the mortgaged prope~ could be hel~ would be approximately 10 months tkom the date of this Notice. A notice .of the actual date of the SherifPs Sale will be sent to you before the sale. Of course, the amount needed to cure the dehult will increase the longer you wait. You may find out at any time exactly what the required pa~ent or action will be by contacting the lender. ~OW TO CONTACT THE LENDER: Name of Lender: M&T Mortgage Corporation ~ddress: P.O. Box 840 Buffalo, NY 14240 ~hone Number: (800) 724-1633 M&T Mortgage Corporation · Correspondence. P.O. Box 840, Buffalo, New York 14240-0840 M&T Mnrl-nnn¢ rnrnnrnl-inn · P,-~vm~=nP¢. p ¢1 Rnv 444 MaT Mo ', e Co ora ' rtgag tion 1-800-724-1633 EFFECT OF SHEI~FF'S SALF, -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. .ASSUMPTION OF MORTGAGE -- You may or X may no/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 DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Evelyn Wilson Eric: Act 91 Notice Consumer Credit Counseling Agencies Serving Your County att IVlortgage Corporation · Correspondence. P.O. Box 840, Buffalo, New York 14240-0840 1-800-724-1633 Date: January 22, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mor~our home is in default and the lender intends to forecloseS ecific information about the nature of the default is rovided in the attached pares; The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRA~ able to hel to save ou~ home. This Notice ex lains how the ro ram works.' ~i.f~_E_MAp can hel ou must MEET WITH A CONSUMER CREDI COUN~~-~ys n~ ~.,,,~__.. ~,~vl_~l~R CREDIT ........ . ............ ~~AIE OF THIS NOTICE. Take this Notice Wi~ou meet with the Counselin A enc. ddressand hone number of Consumer Credit Counselin A encies servin our Count are listed at the end ~'-~his Notice. y ou ~ha_v_e_ aa ue~ ou ma call the Penns lvania Housin Finance A enc toll .free at 1-800-342-~ with impaired hearin~ 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 NOTIFICACION EN Al)JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERI)IDA DEL DERECHO A REDIMIR SU HIPOTECA. M&T Mortgage Corporation · Correspondence. P.O. Box 840, Buffalo, New York 14240-0840 M&T Mnrfnnnn rnrnnrntinn · P~/m,=nf¢o P n Rnv 4~.4 R,,f~=lr~ ~lc,,,, Vnrl~ 1,1~/in n444 Counseling Agency"es in Cumberland LOAN NUMBER 9789769 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Commission of Captial Region 1514 Derry Street Harr sburg, PA 17104 (717) 232-9757 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Loveship, Inc. 2320 North 5th Stree[ Harrisburg, PA 17110 (717) 232-2207 Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 County CAgE NO: ~003-0~868 P ~S ~ pennsylvania' cumberland CountY~ was served upon the sayS, the within ~ ~ at ~HoURS, on the 6t__~h day o~a_~' at ~ by handing to ~ coMPLAINT - MoRT FORE a true and attested copy of sheri[f or Deputy sheri[[ of who being duly swOrn according to laW, together with and at the same time directing He_~r attention to the ~tents thereof. sheriff's CostS: 6.00 Docketing 3.45 Service .00 Affidavit 10.00 surcharge .00 sworn and subscribed to before me this ~ day of A.D. Answers ' ~. ~ ' so - 05/07/2003 .TY MCKEEVER GOLDBECK MCCA' ~'e~ut y Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS BOYLES MARK E ET AL CPL. KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOYLES MARK E the DEFENDANT , at 1425:00 HOURS, on the 5th day of May at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to MARK E BOYLES a true and attested copy of COMPLAINT - MORT FORE together with , 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /g ~ day of ~t~._ ~3 A.D. ~r~thonotary So Answers: R. Thomas Kline 05/07/2003 GOLDBECK MCCAFFERTY MCKEEVER By: - DepUty ~riff In the Court of Common Pleas of Cumberland County MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 vs. MARK E. BOYLES WAN'DA L. BOYLES (Mortgagor(s) and Record Owner(s)) 152 E. North Street Carlisle, PA 17013 Plaintiff Defendant(s) No. 03-1868-CIVIL PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against MARK E. BOYLES and WANDA L. BOYLES by default for want of an Answer. Assess damages as follows: $71,875.70 Debt Interest - 10/05/2002 to 06/27/2003 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this pmecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at lea~ days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph yr. Attorney fo~ FSfmt~ffI ANDNOW , JLt~.,,../ I , ~t"k~ , Judgment is entered in favor of MANUFACTURERS & TRADERS q'RUST CO. and against MARK E. BOYLES and WANDA L. BOYLES by default for want of an Answer and damages assessed in the sum of $71,875.70 as per th~,.~above certification. Prothonota~ GOLDBEC. K McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. # 16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. MARK E. BOYLES WANDA L. BOX/LES (Mortgagor(s) and Record owner(s)) 152 E. North Street Carlisle, PA 17013 Defendant(s) 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1868-CIVIL ORDER FOR JUDGMENT Please enter Judgment in favor of MANUFACTURERS & TRADERS TRUST CO., and against MARK E. BOYLES and WANDA L. BOYLES for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $71,875.70. Joseph A. Attorney for P I hereby certify that the above names are correct and that the pr~ ~ise residence address of the judgment creditor is MANUFACTURERS & TRADERS TRUST CO. PO Box 84 Buffalo,qNY 14240-0840 and that the name(s) and last known address(es) of the Defendant(s) is/are MARK E. BOYLES, 152 E. North Street Carlisle, PA 17013 and WANDA L. BOYLES, 163 N. Bedford Street Apt. ~a~ lisl~ P~7013; GOLDBECIC Y & McKEEVER BY: Joseph A. ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $63,528.53 Interest from 10/05/2002 through 06/27/2003 $3,489.91 A~omey's Fee at5.0000%ofprincipal balance $3,176.43 Late Charges $253.43 Costs of Suit and Title Search $900.00 Escrow Balance Debit $527.40 ($0.00) $71,875.70 AND NOW, this / ~'"'~ day of ~)L~ GOLDBEC~ BY: Joseph A. Attorney for PI~ & McKEEVER ,2003 damages are assessed as above. VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. CoS. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, WAN-DA L. BOYLES, is about unknown years of age, that Defendant's last known residence is 163 N. Bedford StreetApt. 2, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Congress of 1940 Date: and its Amendments. Relief Action of VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, MARK E. BOYLES, is about unknown years of age, that Defendant's last known residence is 152 E. North Street, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the Civil Relief Action of provisions Congress of of the Soldiers' and Sailors' 1940 and its Amendments. ( Date: THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 27, 2003 TO: MARK E. BOYLES 149 Opossum Lake Drive Carlisle, PA 17013 MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 VS. MARK E. BOYLES WANDA L. BOYLES (Mortgagor(s) and Record Owner(s)) 152 E. North Street Carlisle, PA 17013 Plaintiff In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1868-CIVIL Defendant(s) TO: MARK E. BOYLES 149 Opossum Lake Drive Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENH~R 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 IMPORTAiNT 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: B~ldbeck, Jr,, Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 27, 2003 TO: WANDA L. BOYLES 149 Opossum Lake Drive Carlisle, PA 17013 MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 VS. MARK E. BOYLES WANDA L. BOYLES (Mortgagor(s) and Record Owner(s)) 152 E. North Street Carlisle, PA 17013 Plaintiff In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-1868-CIVIL Defendant(s) TO: WANDA L. BOYLES 149 Opossum Lake Drive Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WHHOUT 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: G B~h A~ O~oldl~ngk, Jr., Esq. Ailomey for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 27, 2003 TO: WANDA L. BOYLES 152 E. North Street Carlisle, PA 17013 MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 VS. MARK E. BOYLES WANDA L. BOYLES (Mortgagor(s) and Record Owner(s)) 152 E. North Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE TelTn No. 03-1868-CIVIL TO: WANDA L. BOYLES 152 E. North Street Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITI'EN 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: ~_;~_~V710 iC3ESINC B~oldbeck, Jr., Esq. Attomey for Plaint/ff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-132 THIS LAW FIRM IS A DEBT COLLECTOR AND VgE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 27, 2003 TO: MARK E. BOYLES 152 E. North Slxeet Carlisle, PA 17013 MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 VS. MARK E. BOYLES WANDA L. BOYLES (Mortgagor(s) and Record Owner(s)) 152 E. North Street Carlisle, PA 17013 Plaintiff In the Court of Common Pleas of Cumberland County CIVIL ACTION ~ LAW ACTION OF MORTGAGE FORECLOSURE No. 03o 1868-CIVIL Defendant(s) TO: MARK E. BOYLES 152 E. North Street Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITFEN 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 W122-11N 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: ~ldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 27, 2003 TO: WANDA L. BOYLES 163 N. Bedford Street, Apt #2 Carlisle, PA 17013 MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 VS. MARK E. BOYLES WANDA L. BOYLES (Mortgagor(s) and Record Owner(s)) 152 E. North Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Terrfl No. 03-1868-CIVIL TO: WANDA L. BOYLES 163 N. Bedford Street, Apt #2 Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITfEN 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 Wrl'HIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE EN'I'v;RED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGH'Ix& 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: ~e~EVER B~h & G~ldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-132 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 27, 2003 TO: MARK E. BOYLES 163 N. Bedford Street, Apt #2 Carlisle, PA 17013 MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 VS. MARK E. BOYLES WANDA L. BOYLES (Mortgagor(s) and Record Owner(s)) 152 E. North Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-1868-CIVIL TO: MARK E. BOYLES 163 N. Bedford Street, Apt #2 Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRII'rEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WHI-I 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: ~_~I0 iC3]P~ INC ~c~EVER ~h A tGoldl~ck, Jr., Esq. Atlorncy for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-132 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph~A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. MARK E. BOYLES WANDA L. BOYLES Mortgagor(s) and Record Owner(s) 152 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1868-CIVIL PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/05/2002 to 06/27/2003 at 7.5420% (Costs to be added) $71,875.70 ( GOLDBECK h BY: Joseph A, G Attorney for Plai &McKEEVER ALL THAT CERTAiN LOT OF GROUND SITUATE 1N THE BOROUGH OF CARLISLe, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: ON THE NORTH BY EAST NORTH STREET; ON THE EAST BY LAND NOW OR FORMERLY PF JOHN A. MADDEN; ON THE SOUTH BY LOCUST ALLEY; AND ON THE WEST BY PROPERTY NOW OR FORMERLY OF GEORGE LALEY. CONTAINING 30 FEET IN FRONT ON SAID EAST NORTH STREET AND EXTENDING AT AN EVEN WIDTH 240 FEET IN DEPTH TO SAID LOCUST ALLEY, AND HAVING THEREON ERECTED A TWO-STORY BRICK DWELLING HOUSE, KNOWN AS AND NUMBERED 152 EAST NORTH STREET AND OTHER IMPROVEMENTS. BEING THE SAME PREMISES WHICH MARK E. BOYLES AND WANDA L. BOYLES, BY THEIR DEED DATED DECEMBER 29, 1995, AND RECORDED CONCURRENTLY HEREWITH, GRANTED AND CONVEYED UNTO MARK E. BOYLES AND WANDA L. BOYLES. Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 S~ite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. MARK E. BOYLES WANDA L. BOYLES (Mortgagor(s) and Record Owner(s)) 152 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1868-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 MANUFACTURERS & TRADERS TRUST CO., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 152 E. North Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): MARK E. BOYLES 152 E. North Street Carlisle, PA 17013 WANDA L. BOYLES 163 N. Bedford Street Apt. 2 Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: MARK E. BOYLES 152 E. North Stxeet Carlisle, PA 17013 WANDA L. BOYLES 163 N. Bedford Street Apt. 2 Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: FINANCIAL TRUST CO. 1 W. HIGH STREET CARLISLE, PA 17013 Household Realty Corp. 25 Gateway Drive Gateway Square, Ste. 107 Mechanicsburg, PA 17055 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiffhas knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale. TENANTS / OCCUPANTS 152 E. North Street Carlisle, PA 17013 PAUL ORR-ESQ 50 E High Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. June 9, 2003 ~ 'x'N~ ~- DATED: BY: Joseph A. G~ 1/ . Attorney for Plain0 03-1868-CIVIL 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 MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County vs. CIVIL ACTION - LAW MARK E. BOYLES WANDA L. BOYLES Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 152 E. North Street Carlisle, PA 17013 Term No. 03 - 1868 -CIVIL Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BOYLES, MARK E. MARK E. BOYLES 152 E. North Street Carlisle, PA 17013 Your house at 152 E. North Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $71,875.70 obtained by MANUFACTURERS & TRADERS TRUST CO. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to MANUFACTURERS & TRADERS TRUST CO., the back payments, late charges, costs and reasonable atlorney's fees due. To find out how much you must pay call: 215-627-1322 2, You may be able to stop the sale by filIng a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 03-1868-CIVIL 3. You may also be able to stop the sale through other legal proceed'rags. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, yom property will be sold to the highest bidder. You may fred out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only,if the buyer pays the Sheriff the full mount due in the sale. To fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the mount 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 yom house. A schedule of distribution of the money bid for your house will be ~ed by the Sheriffthirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 03-1868-CIVIL GOLDBECK McCAFFERTY & McKEEVER BY; ~oseph A. Goldbeck, Jr. Attorney I.D.#16132 Sff~te 500 ~ The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County vs. CIVIL ACTION - LAW MARK E. BOYLES WANDA L. BOYLES Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 152 E. North Street Carlisle, PA 17013 Terln No. 03-1868-CIVIL Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SI]ERIFF'S SALE OF REAL PROPERTY TO: BOYLES, WANDA L. WANDA L. BOYLES 163 N. Bedford Street Apt. 2 Carlisle, PA 17013 Your house at 152 E. North Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $71,875.70 obtained by MANUFACTURERS & TRADERS TRUST CO. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to MANUFACTURERS & TRADERS TRUST CO., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 03-1868-CIVIL 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if ~lhe 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 proceed'rags. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your properly will be sold to the highest bidder. You may fred out the price bid price by calling thc Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in thc sale. To fred out if this has happened, you may call the Sheriff of' 717-240-6390. 4. If thc 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 proceecV~ngs to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Shcriffthirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 $ospeh 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 MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. MARK E. BOYLES WANDA L. BOYLES Mortgagor(s) and Record Owner(s) 152 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 03-1868-CIVIL CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiffhas complied with all the provisions of the Act. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1868 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST CO., Plaintiff (s) From MARK E. BOYLES AND WANDA L. BOYLES, (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed ~o attach the property of the defendant(s) not levied upun in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are drrected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $71,875.70 L.L. $.50 Interest FROM 10/5/02 TO 6/2703 AT 7.5420% Atty's Comm % Due Prothy $1.00 Atty Paid $132.90 Other Costs Plaintiff Paid Date: JULY 1, 2003 (SeaD REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 CURTIS R. LONG Prothonotary Deputy Manufacturers & Traders Trust Company VS Mark E. Boyles and Wanda L. Boyles In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1868 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is rearmed STAYED pursuant to instructions from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing 30,00 Poundage 1,370.15 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Levy 15.00 $1,446.65 paid by attorney 8/19/03 ~'~ R. Thomas Kline, Sheriff Prothonotary Real F:~ate Deputy GOLDBECK I~IcCAFFERTY & f4cKEEVER BY: 3oseph A. Goldbeck, .lr. Attorney ll.D. #16132 Suite 500 -The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. MARK E. BOYLES WANDA L. BOYLES (l~tortgagor(s) and Record owner(s)) 152 E, North Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County No. 03-1868-CIVIL PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE GOLDBECK t4cCAFFERTY & t4cKEEVER BY: 3oseph A. Goldbeck, 3r. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST CO. PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. MARK E. BOYLES WANDA L. BOYLES (Mortgagor(s) and Record owner(s)) 152 E. North Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County No. 03-1868-CIVIL PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE