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Home My WebLink About03-1917GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECI~ JR. ATTORNEY I.D.//16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-13~ ATTORNEY FOR PLAINTIFF MOREQUITY INC. PO Box 3788 Evansville, IN 47736 Plaintiff VS. LUGENE A. BASTIAN STEWART A. MCGARVEY Mortgagor(s) and Real Owner(s) 2252 Dover Court Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL ACTION: MORTGAGE I=ORECLQ~URE 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 TIlE 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 at~r the Complaint and notice by entering a written appearance personally or by attorney and filing in willing 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 fights important to you. YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES 1NC 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. USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE SER SERVIDO CON ESTA DEMANDA y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FOP, MA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIFACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECID1R 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 ABOOADOS), (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 Plaintiff is MOREQUITY INC., PO Box 3788, Evansville, IN 47736. The name(s) and address(es) of the Defendant(s) is/are LUGENE A. BASTIAN, 2252 Dover Court, Mechanicsburg, PA 17055 and STEWART A. MCGARVEY, 2252 Dover Court, Mechanicsburg, PA 17055, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On March 18, 2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WILMINGTON NATIONAL FINANCE, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1753 Page 2420. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: MOREQUITY INC. 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 December 01, 2002, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 11/01/2002 through 04/30/2003 at 7.5000% Per Diem interest rate at $36.39 Attorney's Fee at 5.0% of Principal Balance Late Charges due Monthly late charge amount at $82.73 Costs of suit and Title Search Funds owed NSF charges $174,654.85 $6,586.59 $8,732.74 $661.84 $900.00 $191,536.02 -$1,354.37 +$20.00 $190,201.65 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. VERIFICATION I, '~~'~ 7~~f , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: Y '( ~' a3 #815709 - LUGENE A. BASTIAN and STEWART A. MCGARVEY Rpr 03 03 03:l?p Apl"'-03-03. 08:10~ T~'acy Watts 7~7-~38-2625 P. 02 .q:~CORO£R OF D£F. OS '..UN 5£RLAIID GOUHTT- PA Nad~ the '~"day nE Juno 1~ r. ho 7eec NinoC~ ~ndred and #ir~-SLx (1996). CudM=l&nd cmmcy. PenndyivunLa, m~ IMPeded aa~ descrLbed mm ' ~ C ~or m diablo or circle 13.62 ~C Co a ~lnc aC ~ h~e~ce~ o% ~c b. 2L ~th 63 ~. OS mf~eu 13 ~ hoC, for a dimta~m o~ l~.q9 ~tm pLeee, ~ee% or loc ~ 1~ e~hCa o~ aPP~Coly 24,033 ~urm he~ o~ 1~. a~ As k~ ~d ~e~ aa ~c Bo. l~ m ~ F~% Re-~lvLsi~ Plan ~or~ ~cy iw PI~ ~ EXHIBIT A ACT 91 NOTICE DATE OF NOTICE: 12-19-02 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 of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address an phone number of the Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice..If you have any questions, you may call the Pennsylvania 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 any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada 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 perdida del derecho a redimir su hipoteca. Date: Homeowner's Name: Property Address: Loan Account No.: Original Lender: Current Lender/Servicer: 12-19-02 LUGENE BASTIAN 2252 DOVER COURT MECHANICSBURG, PA 17055 815709 WILMINGTON MOREQUITY HOMEOWNERS'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 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 designated 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. Date: Homeowner's Name: Property Address: Loan Account No.: Original Lender: Current Lender/Servicer: 12-19-02 STEWART MCGARVEY 2252 DOVER COURT MECHANICSBURG, PA 17055 815709 WILMINGTON MOREQUITY HOMEOWNERS '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 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 designated 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 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 telephone number of designated consumer credit counseling agencies for the county in which the property 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 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 your 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 APPLICATIN 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 PROTEDCTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PUPOSES 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 (Br/ng payments up to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 2252 DOVER COURT MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Payments for NOVEMBER, 2002 through DECEMBER, 2002 (2 months) at $1922.82/Month $ 3845.64 (b) Previous late charges; $ 165.48 (c) Other charges; Escrow, Inspec., NSF Checks $ 20.00 (d) Other provisions of the mortgage obligation, if any $ 0.00 (e) Any partial payment we have received $ 1922.47 (f) TOTAL AMOUNT OF (a,b,c&d minus e) REQUIRED AS OF THIS 12-19-02 DATE $ 2108.65 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 $2108.65 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: MorEquity 600 N. Royal Ave. Evansville, IN 47715 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (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 immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the 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 mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender beings 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 attorneys' fees actually incurred by the lender even if they 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 - If you 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 any time up to one hour before the SheriWs 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 Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in 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 Sheriff's Sale of the mortgaged property could be held would be approximately 7 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure 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: MorEquity 600 N. Royal Ave. Evansville, IN 47715 Phone Number: Fax Number: 800-205-8640 812-475-4235 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transfere~-'who will"~'ssume 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 FORECLOSRE 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 SHERIFF'S RETURN - REGULAR CASE NO: 2003-01917 P COMMONWEALTH OF pENNSYLVANIA COUNTY OF CUMBERLAND VS Pennsylvania, cumberland c°untY'coMPLAiNT _ MoRT FoRE was sayS, the within BASTIAN LUGENE A at 1942:00 DEFENDANT ' at 2252 DOVER coURT MECHANICSBURG, PA 17055 LUGENE BASTIAN a true and attested copy of sheriff or Deputy sheriff of who being duly sworn according to law, served upon HOURS, on the the day of by handing to COMPLAINT - MORT FORE together with and at the same time directing H~er attention to the contents thereof. sheriff's CostS: 18.00 Docketing 8.97 Service .00 Affidavit 10.00 surcharge .00 97 sworn and subscribed to before me this ~'~--- day of ,__L------------- ~ ~O3 A.D. So Answers: ~ine 05/0~/2003 GOLDBECK MCCAFFERTY MCKEEVER SHERIFF'S RETURN - REGULAR CASE NO: 2003-01917 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOREQUITY INC VS BASTIAN LUGENE A ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT _ MORT FORE was served upon MCGARVEY STEWART A DEFENDANT , at 194____~2:0~ HOURS, on the 30th day of May at 2252 DOVER COURT -- -- ~ the 2 o o.___A3 MECHANICSBURG, PA 17055 STEWART MCGARVEY by handing to a true and attested copy of COMPLAINT _ MORT FORE together with and at the same time directing Hi____~s attention to the contents thereof. Sheriff,s Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this ~7~ day of A.D. So Answers: R. Thomas Kline~ 05/01/2003 GOLDBECK MCCAFFERTY MCKEEVER In the Court of Common Pleas of Cumberland County MOREQUITY [NC. PO Box 3788 Evansville, IN 47736 VS. LUGENE A. BASTIAN STEWART A. MCGARVEY (Mortgagor(s) and Record Owner(s)) 2252 Dover Court Mechanicsburg, PA 17055 Pla'mtiff Defendant(s) No. 03-1917-CIVILTERM 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 Plainfiffand against LUGENE A. BASTi{AN and STEWART A. MCGARVEY by default for want of an Answer. Assess damages as follows: $191,677.15 Debt Interest - 11/01/2002 to 06/05/2003 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 1..e,a~m~days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A.~ ~?.~ ARomey fc }~trnti~ I.D. #16~3: [' AnswerQand damag~'s asa~; in the sam of $'191,677.15 as per the above certification. EY by default for want of an MORE ~INT~(~cW. an a ~ENEA~.BASTiANanfSTOE~)W~ARTA MCGAR~Judgment is entered in fav°r °f ( Prothonotary GOLDBECK McCAFFERTY & McKEEVER BY: Josel3h A. Goldbeek, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MOP, EQUITY INC. PO Box 3788 Evansville, IN 47736 VS. LUGENE A. BASTIAN STEWART A. MCGARVEY (Mortgagor(s) and Record owner(s)) 2252 Dover Court Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1917-CIVILTERM ORDER FOR JUDGMENT Please enter Judgment in favor of MOREQUITY INC., and against LUGENE A. BASTIAN and STEWART A. MCGARVEY 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 th~,Complaint, in the sum of $191,677.15. I ~!/~/- Joseph A. G ~{~r. Attorney fo~ Ilhint~lF{ I hereby certify that the above names are correct and that the ~recise residence address of the judgment creditor is MOREQUITY INC. PO Box 3788 Evansville, IN 47736 and that the name(s) and last known address(es) of the Defendant(s) is/are LUGENE A. BASTIAN, 2252 Dover Court Meehanicsburg, PA 17055 and STEWART A. MCGARVEY, 2252 Dover Court Mechaniesburg, PA~(~ (j~t/1~1¥ ~ GOLDBECK ~ERTY & MeKEEVER Joseph A beek, Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $174,654.85 Interest from 11/01/2002 through 06/05/2003 $7,896.63 Attorney's Fee at 5.0000% of principal balance $8,732.74 Late Charges $827.30 Costs of Suit and Title Search $900.00 NSF Charges Funds Owed $20.00 - $1,354.37 $191,677.15 McKEEVER AND NOW, this day of ] {,t4~ , 2003 damages are assessed as above. P..,u~-Prothy 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, LUGENE A. BASTIAN, is about unknown years of age, that Defendant's last known residence is 2252 Dover Court, Mechanicsburg, PA 17055, 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 of the Soldiers' and Sailors' Congress of 1940 and its Amendments. Date: 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 foregoin~3 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, STEWART A. MCGARVEY, is about unknown years of age, that Defendant's last known residence is 2252 Dover Court, Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. ~% Date: ~ / THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: STEWART A. MCGARVEY 2252 Dover Court Mechanicsburg, PA 17055 DA'rE OF THIS NOTICE: May 21, 2003 MOREQUITY INC. PO Box 3788 Evansville, IN 47736 VS. LUGENE A. BASTIAN STEWART A. MCGARVEY (Mortgagor(s) and Record Owner(s)) 2252 Dover Court Meehanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County 'CIVIL ACTION - LAW Action of Mortgage Foreclosure ternl No. 03-1917-CIVILTERM TO: STEWART A. MCGARVEY 2252 Dover Court Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRh'rEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WfIH 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: Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. [nde~,'ndence Mall East Philadelphia, PA 19106 215-62%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. TO: LUGENE A. BASTIAN 2252 Dover Court Mechanicsburg, PA 17055 DATE OF THIS NOTICE: May 21, 2003 MOREQUITY INC. PO Box 3788 Evansville, IN 47736 VS. LUGENE A. BASTIAN STEWART A. MCGARVEY (Mortgagor(s) and Record Owner(s)) 2252 Dover Court Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 03-1917-CIVILTERM TO: LUGENE A. BASTIAN 2252 Dover Court Mechanicsburg, PA 17055 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 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: AOomey for Plaintiff Suite 500 - The Bourse Bldg. 111 S. IndeI~mdence Mall East Philadelphia, PA 19106 215-627-1322 Rule of Civil Procedure No. 236 - Revised MOP, EQUITY INC. PO Box 3788 Evansville, IN 47736 LUGENE A. BASTIAN STEWART A. MCGARVEY (Mortgagors and Record Owner(s)) 2252 Dover Court Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVtLNIA CIVIL ACTION - LAW Plaintiff VS. No. 03-1917-CIVILTERM Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned mat~er has been entered against you. Curt Long Protho~tary If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 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 MOREQUITY INC. PO Box 3788 Evansville, IN 47736 VS. LUGENE A. BASTIAN STEWART A. MCGARVEY Mortgagor(s) and Record Owner(s) 2252 Dover Court Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN ~[HE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1917-CIVILTERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 11/01/2002 to 06/05/2003 at 7.5000% (Costs to be added) $191,677.15 F~f..RTY & McKEEVER ~ck, Jr. GOLDBECK I~ BY: Joseph A. Go A ~ tXomey for P~hit ALL THAT CERTAIN PIECE, PARCEL OR LOT OR LAND SITAUTE IN THE UI3PER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS LOCATED ON THE WESTERN RIGHT-OF-WAY LINE OF DOVER COURRT (50.00 FEET WIDE), SAID POINT BEING LOCATED AT THE SOUTHEASTERN CORNER OF LOT NO. 18; THENCEC EXTENDING ALONG SAID RIGHT-OF-WAY LINE ON THE ARC OF A CIRCLE CURVING TO THE RIGHT HAVING A RADIUS OF 175.00 AN ARC LENGTH OF 43.83 FEET 'FO A POINT; THEN SOUTH 88 DEGREES 07 MINUTES 05 SECONDS WEST, FOR A DISTANCE OF 38.90 FEET, TO A POINT ON THE ARC OF A CIRCLE CURVING TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 13.62 FEET TO A POINT AT THE NORTHEASTERN CORNER OF LOT NO. 16; THEN ALONG THE NORTHE]LN BOUNDARY LINE OF LOT NO. 16 NORTH 27 DEGREES 46 MINUTES 08 SECONDS WEST, FOR A DISTANCE OF 145.30 FEET, TO A POINT AT THE SOUTHEAST CORNER OF LOT NO. 21; THEN ALONG THE EASTERN BOUNDARY LINE OF LOT NO. 21 NORTH 63 DEGREES 05 MINUTES 32 SECONDS EAST, FOR A DISTANCE OF 80.70 FEET, TO A POINT AT THE SOUTHWEST LINE OF LOT NO. 19; THEN ALONG THE SOUTHERN BOUNDARY LINE OF LOT NO. 19 AND LOT NO. 18 SOUTH 28 DEGREES 57 MINUTES 13 SECONDS EAST, FOR A DISTANCE OF 185.49 FEET, TO A POINT AND THE PLACE OF BEGINNING. THIS PIECE, PARCEL OR LOT OF LAND CONSISTS OF APPROXIMATELY 14,033 SQUARE FEET OF LAND AND IS KNOWN ASN NUMBERED AS LOT NO. 17 ON THE FINAL RE-SUBDIVISION PLAN FOR CANTERBURY ESTATES, PHASE 1, WHICH IS RECORDED IN CUMBERLAND COUNTY IN PLAN BOOK 54, PAGE 8. WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AND Rule 3257 MOI~EQUITY INC. PO Box 3788 Evansville, IN 47736 LUGENE A. BASTIAN STEWART A. MCGARVEY 2252 Dover Court Mechanicsburg, PA 17055 VS. In the Court of Common Pleas of Cumberland County No. 03-1917-CMLTERM WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Commonwealth of Pennsylvania: County of Cumberland To the Sheriff of Cumberland County,_Pennsylvania To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: PREMISES: 2252 Dover Court Mechanicsburg, PA 17055 See Exhibit "A" attached AMOUNT DUE $191,677.15 Interest From 11/I)1/2002 Through 06/05/2003 (Costs to be added) Dated: Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy o o~ ALL THAT CERTAIN PIECE, PARCEL OR LOT OR LAND SITAUTE IN THE UZPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS LOCATED ON THE WESTERN RIGHT-OF-WAY LiNE OF DOVER COURRT (50.00 FEET WIDE), SAID POINT BEING LOCATED AT THE SOUTHEASTERN CORNER OF LOT NO. 18; THENCEC EXTENDING ALONG SAID RIGHT-OF-WAY LINE ON THE ARC OF A CIRCLE CURVING TO THE RIGHT HAVING A RADIUS OF 175.00 AN ARC LENGTH OF 43.83 FEET TO A POINT; THEN SOUTH 88 DEGREES 07 M1NUTES 05 SECONDS WEST, FOR A DISTANCE OF 38.90 FEET, TO A POINT ON THE ARC OF A CIRCLE CURVING TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 13.62 FEET TO A POINT AT THE NORTHEASTERN CORNER OF LOT NO. 16; THEN ALONG THE NORTHERN BOUNDARY LINE OF LOT NO. 16 NORTH 27 DEGREES 46 MINUTES 08 SECONDS WEST, FOR A DISTANCE OF 145.30 FEET, TO A POINT AT THE SOUTHEAST CORNER OF LOT NO. 21; THEN ALONG THE EASTERN BOUNDARY LINE OF LOT NO. 21 NORTH 63 DEGREES 05 MINUTES 32 SECONDS EAST, FOR A DISTANCE OF 80.70 FEET, TO A POINT AT THE SOUTHWEST LiNE OF LOT NO. 19; THEN ALONG THE SOUTHERN BOUNDARY LINE OF LOT NO. 19 AND LOT NO. 18 SOUTH 28 DEGREES 57 MINUTES 13 SECONDS EAST, FOR A DISTANCE OF 185.49 FEET, TO A POINT AND THE PLACE OF BEGINNING. THIS PIECE, PARCEL OR LOT OF LAND CONSISTS OF APPROXIMATELY 14,033 SQUARE FEET OF LAND AND IS KNOWN ASN NUMBERED AS LOT NO. 17 ON THE FINAL RE-SUBDIVISION PLAN FOR CANTERBURY ESTATES, PHASE 1, WHICH IS RECORDED IN CUMBERLAND COUNTY IN PLAN BOOK 54, PAGE 8. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1917 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MOREQUITY, INC. Plaintiff (s) From LUGENE A. BASTIAN AND STEWART A. MCGARVEY 2252 DOVER COURT, MECHANICSBURG PA 17055. (1) You are directed to levy upon the property of the defendant (s[and to sell REAL ESTATE LOCATED AT 2252 DOVER COURT, MECHANNICSBURG PA 17055 (SEE ATTACHED LEGAL DESCRIPTION). (2) You are also directed to attach the propea~ty of the defendant(s) not levied upon in the possession of GARNISHEE(S) as folinws: 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 deliw~ring any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $191,677.15 Interest 11/1/02 Y'6/5/03 ~ 7.5000% Atty's Comm % Atty Paid $134..97 Plaintiff Paid Date: JUNE 6, 2003 (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500, THE BOURSE BLVD. 111 S INDEPENDENCE MALL EAST PHILADELPHIA PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 L.L. $.50 Due Prothy 1.00 Other Costs CURTIS R. LONG Protho By: ,~)~'9~ Depu~0% SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BE1NGPREMISES: 2252 Dover Court Mechanicsburg, PA 17055 SOLD as the property of LUGENE A. BASTIAN and STEWART A. MCGARVEY TAX PARCEL #42-29-2458-035 Jospeh 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 MOREQUITY INC. PO Box 3788 Evansville, IN 47736 VS. LUGENE A. BASTIAN STEWART A. MCGARVEY Mortgagor(s) and Record Owner(s) 2252 Dover Court Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 03-1917-CIVILTERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Joseph A.~5~ Attorney ~! pla ,c~k~_Jr. ltit~, Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #1613,2 Suite 500 - Tl~.e Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MOREQUITY INC. PO Box 3788 Evansville, IN 47736 VS. LUGENE A. BASTIAN STEWART A. MCGARVEY (Mortgagor(s) and Record Owner(s)) 2252 Dover Court Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1917-CIVILTERM AFFIDAVIT PURSUANT TO RULE 3129 MOREQUITY INC., Plaintiffin the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 2252 Dover Court Mechaincsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): LUGENE A. BASTIAN 2252 Dover Court Mechanicsburg, PA 17055 STEWART A. MCGARVEY 2252 Dover Court Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: LUGENE A. BASTIAN 2252 Dover Court Mechanicsburg, PA 17055 STEWART A. MCGARVEY 2252 Dover Court Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PAPEL-FREELANCE P.O. Box 11848 Harrisburg, PA 17108 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: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS / OCCUPANTS 2252 Dover Court Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or 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. DATED: June 5, 2003 GOLDBECK ~ BY: Joseph A. Gol Attorney for Plaint ~'McKEEVER 03-1917-CIVILTERM GOLDBECK McCAFFERTY & McKEEVER BY: `ioseph A. Goldbeck, .Ir. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MOREQUITY INC. PO Box 3788 Evansville, IN 47736 VS. LUGENE A. BASTIAN STEWART A. MCGARVEY Mortgagor(s) and Record Owner(s) 2252 Dover Court Mechanicsburg, PA 17055 Plaintiff Defendant(s IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-1917-CIVILTERM 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. TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY BASTIAN, LUGENE A. LUGENE A. BASTIAN 2252 Dover Court Mechanicsburg, PA 17055 Your house at 2252 Dover Court, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $191,677.15 obtained by MOP, EQUITY INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SI-W. IineF'S S.~l.~ To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to MOEEQUITY INC., rite back payments, late charges, costs and reasonable attorney's fees due. To fred out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 03-1917-CIVILTERM You may need an attorney to assert your rights. ~[he 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 OTI-IE~R RIGHT,q EVEN II~' 'l'fl~: ~HERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriffof 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 fred out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffthirty (30) days fxom 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 Sheriffwithin 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 YOLrR LAWYER AT ONCF,. 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 03-1917-CIVILTERM .GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeek, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MOREQUITY 1NC. PO Box 3788 Evansville, IN 47736 vs. LUGENE A. BASTIAN STEWART A. MCGARVEY Mortgagor(s) and Record Owner(s) 2252 Dover Court Mechanicsburg, PA 17055 Plaintiff Defendant(sl IN THE COURT OF COMMON PLEAS cf Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03 - 1917-CIVILTERM 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: MCGARVEY, STEWART A. STEWART A. MCGARVEY 2252 Dover Court Mechanicsburg, PA 17055 Your house at 2252 Dover Court, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $191,677.15 obtained by MOREQUI3ntr INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to MOREQUITY INC., ~lae back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking th{: Court to strike or open judgment, if the judgment was Lmproperly 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. 03-1917-CWILTERM 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 .~I~i,E TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE ~qFIERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fred out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale ff th{,' 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 ~ull mount due in the sale. To find out if this has happened, you may call the Sheriffof 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of dislxibution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of gettfiig your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES 1NC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Plfiladelphia, PA 19106 215-627-1322 Attorney for Plaintiff MOREQUITY INC. PO Box 3788 Evansville, IN 47736 Plaintiff VS. LUGENE A. BASTIAN STEWART A. MCGARVEY Mortgagors and Record Owners 2252 Dover Court Mechanicsburg, PA 17055 Defendants 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1917-CIVILTERM CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriff's Office/competent adult (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). Certified mail by Sheriffs Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgment attached). Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, B'~] Josep-ht~. Goldbeck, Jr. ~// Ac~/orney for Plaintiff office receipt e the , or/~ost the ap/~rOp~at~ ,, AFFIX POSTAG POSTAG,- E TO MAIL ~ back ~ SE~ICEs. ,t by tear. 3. S~ck the hol~ t o~ Morequity Inc. VS Stewart A. McGarvey and Lugene A. Bastian In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1917 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2003 at 10:55 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Stewart A. McGarvey, by making known unto Alex McGarvey, adult son of defendant, at 2252 Dover Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said tree and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2003 at 10:55 o'clock AM, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lugene A. Bastian, by making known unto Alex McGarvey, adult son of defendant, at 2252 Dover Court, Mechanicsburg, Cumberland County, Pennsylvania, its conte~ats and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly Sworn according to law, states that on July 9, 2003 at 9:50 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Stewart A. McGarvey and Lugene A. Bastian located at 2252 Dover Court, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Stewart A. McGarvey, by regular mail to his last known address of 2252 Dover Court, Mechanicsburg, PA 17055. This letter was mailed under the date of July 7, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Lugene A. Bastian, by regular mail to her last known address of 2252 Dover Court, Mechanicsburg, PA 17055. This letter was mailed under the date of July 7, 2003 and never returned to the Sheriff's Office. Sworn and subscribed to before me This 2003, A.D. day of Prothonotary So Answers;, . R. Thomas K ' , ~fenlI Real Esta~ Deputy 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 MOREQUITY INC. PO Box 3788 Evansville, IN 47736 VS. LUGENE A. BAST]AN STEWART A. MCGARVEY Mortgagors and Record Owners 2252 Dover Court Mechanicsburg, PA 17055 Plaintiff Defendants IN TIlE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1917-CIV1LTERM AFFIDAVIT PURSUANT TO RULE 3129 MOKEQUITY INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 2252 Dover Court Mechanicsburg, PA 17055 1.Name and address of Owners or Reputed Owners: LUGENE A. BASTIAN 2252 Dover Court Mechanicsburg, PA 17055 STEWART A. MCGARVEY 2252 Dover Court Mechanicsburg, PA 17055 2. Name and address of Defendants in the judgment: LUGENE A. BASTIAN 2252 Dover Court Mechanicsburg, PA 17055 STEWART A. MCGARVEY 2252 Dover Court Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PAPEL-FREELANCE P.O. Box 11848 Harrisburg, PA 17108 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: 5. Name and address of every other person who has any record interest in or record lien on the properly and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS / OCCUPANTS 2252 Dover Court Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are tame 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. Sectxon 4904 relating to unswom falsification to authorities. DATED: July 29, 2003 G---~LDI~ECI~IcCAFFERTY & McKEEVER B~{': Joseph A. Goldbeck, Jr., Esq. ~ttomey for Plaintiff MOREQUITY 1NC. Plaintiff LUGENE A. BASTIAN and STEWART A. McGARVEY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 03-1917-CIVIL TERM ACTION OF MORTGAGE FORECLOSURE PETITION TO SET ASIDE SHERIFF'S SA!,E Defendants Lugene A. Bastian and Stewart A. McGarvey, by and through their undersigned attorneys, files this Petition to Set Aside Sheriffs Sale pursuant to Pa. R.Civ. P. 3132, stating as follows: 1. The Plaintiff initiated this action on or about April 24, 2003, seeking to foreclose on property owned by the Defendants located at 2252 Dover Court, Mechanicsburg, Pennsylvania (the "Property"). 2. On or about June 6, 2003, the Plaintiff entered judgment against the Defendant in the amount of $191,677.1 $. 3. In August 2003, the Defendants entered into an agreement with the Plaintiff whereby the Plaintiff would discontinue the mortgage foreclosure proceedings in return for the Defendants paying Plaintiff approximately $15,000 to satisfy mortgage payments, interest, attorneys' fees and certain escrow payments. The Defendants made this payment and have made all subsequent mortgage payments. 4. Despite this agreement, and Defendants making the payment required thereby, the Plaintiff failed to remove the Property from the ]December 10, 2003 sheriff's 499586.1 sale. The Property was sold at the December 10, 2003 shen[ff's sale. The Plaintiff purchased the Property at the sale. 5. In light of the agreement referenced in Paragraph 3 above, the Property should not have been sold at the December 10, 2003 sheriff's sale. As such, equity requires that the sale be set aside. 6. Additionally, the Defendants did not receive notice of the December 10, 2003 sheriff's sale. 7. To date the sheriff has not issued the deed for the Property. If the sheriff does issue the deed for the Property, the sale should still be set aside because the sale was based on fraud and was made without authority to do so. WHEREFORE, Defendants Lugene A. Bastian and Stewart A. McGarvey respectfully request that the Court set aside the December 10, 2003 sheriff's sale plus award them their costs, including reasonable attorneys' fees, and any other relief that this Court deems appropriate. By: Respectfully submitted, RHOADS & SINON LLP Timothy J. Nleman Attorney I.D. No. 66024 One South Market Square P. O. Box 1146 Harrisbrurg, PA 17108-1146 (717) 233-5731 Attorneys for Defendants VERIFICATION Stewart McGarvey, deposes and says, subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, that the facts set forth in the foregoing document are tree and correct to the best of his lcaowledge, information and belief. Date: '~wart Mc~'arvey VERIFICATION Lugene Bastian, deposes and says, subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, that the facts set forth in the foregoing document are tree and correct to the best of her knowledge, information and belief. Date: ~1~' ~'~'i' 2491~L~~>~~an CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of December, 2003, a true and correct copy of the foregoing document was served upon the following as indicated: First Class United States Mail Joseph A. Goldbeck, Jr., Esquire Goldbeck, McCafferty & McKeever Suite 500 - The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 Hand Delivery R. Thomas Kline, Sheriff County of Cumberland 1 Courthouse Square Carlisle, PA 17013-3387 MOREQUITY INC. Plaintiff LUGENE A. BASTIAN and STEWART A. McGARVEY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERL.~JSID COUNTY NO. 03-1917-CIVIL TERM ACTION OF MORTGAGE FORECLOSURE RULE TO SHOW CAUSE WHY SItERIFF'S SALE SItOULD NOT BE SET ASIDE AND NOW, this 2.~. ~ay of ~.~_, 200 ~ ,upon the Petition of Defendants Lugene A. Bastian and Stewart A. McGarvey, il: is hereby ordered that: (1) a rule is issued upon the above-named plaintiff to show cause why the sheriffs sale of house and lot designated as 2252 Dover Court, Mechanicsburg, Pennsylvania sold at the December 10, 2003 sheriff's sale, should not be set aside; (2) the plaintiff shall file an answer to the petition within [ ~{ days of this date: (3) the petition shall be decided under Pa.R.C.P. 206.7; (4) depositions shall be completed within ~ days of this date; (5) argument shall be held on ~'D~'£c~c~qo~ in ~o~room [ of~e C~berl~dCo~tyCou~house; ~' ~ ~[ ~ ~,~' ~ ~ ~ ) ' o me emry of ~is order shall b~provided to all p~ies by ~e Defendants Lugene A. Bastian and Stewart A. McGarvey; and (7) all proceedings to stay in the meantime. MOREQUITY, INC., Plaintiff LUGENE A. BASTIAN and STEWART A. McGARVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1917 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of January, 2004, upon consideration of the attached letter from Kristina G. Murtha, Esq., attorney for Plaintiff, Plaintiff is granted an additional 15 days to answer Defendant's Petition To Set Aside Sheriff's Sale. ~/Kristina G. Murtha, Esq. GOLDBECK, McCAFFERTY & McKEEVER Suite 5000 BY THE COURT, J/esPy Ofer;~., 'v ~-~j.' Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Attorney for Plaintiff ./Timothy J. Nieman, Esq. One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Attorney for Defendants 01/14/2004 13:03 FAX 215 827 7734 GOLDBECK McCAFFERTY ~002 Hon. Wesley Oler, Jr. Cm-nberland Com~, CourthOuse I Courthouse Square Carlisle, PA 17013 ~Jla facslmile 717-240-6462 GOLDBECK McCAFFERTY & McKEEVER A"FrORNEYS AT LAW January 12, 2004 MorE~uiw v. Bastian, ct 81 .Docket number: 03-1917-Civ/l Term Dear Judge Ol~r: I represent Plaintiffin the above~rct~renced matter. There is presently pending before Your Honor Defendants' Petition to Set Aside Sale, upon which a Rule to Show C.a,,,e was entered December 29, 2003. Please be advised Defendants have represented they have the funds to reinstate the account on or before January 16, 2004, and Pla/ntiffhas agreed to accept the fund.s, provided they are timely tendered in the required amount. Once payment is made, the p~nqe, s expect to submit a Consent Order to Your Honor for signature within a few days. In order to m;nimize the litigation costs and to allow the parties to resolve the matter by consem, I respectfully request an additional 15 days to file PlaintitTs answer. If the matter is not resolved by consent, Plaintiff will file its answer within the extended time. I have the consent of my advemary, Mr_ Nicman, to thl, request. Should ttwrc be any questions or comments, please do not hesitate to contact me. Your Honor's assistance in this matter is appreciated. Timothy J. Ni~nan, Esq. (via cmail) Krisfina G. Murtha, Esq. MOREQUITY INC. Plaintiff Vo LUGENE A. BASTIAN and STEWART A. McGARVEY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 03-1917-CIVIL TERM ACTION OF MORTGAGE FORECLOSURE STIPULATION PlaintiffMorequity Inc. and Defendants Lugene A. Bastian and Stewart A. McGarvey, by and through their undersigned counsel, hereby file this Stipulation, stating as follows: 1. The Plaintiffinitiated this action on or about April 24, 2003, seeking to foreclose on property owned by the Defendants located at 2252 Dover Court, Mechaniesburg, Pennsylvania (the "Property"). 2. On or about June 6, 2003, the Plaintiffentered judgment against the Defendant in the amount of $191,677.15. 3. The Property was sold at the December 10, 2003 sheriff's sale. The Plaintiffpurchased the Property at the sale. The Sheriffhas not issued the deed for the Property. 4. On or about December 23, 2003, Defendants filed their Petition to Set Aside Sheriff's Sale (the "Petition"). 507070,2 5. On December 29, 2003, the Court issued its Rule to Show Cause Why Sheriff's Sale Should Not Be Set Aside. Argument on the, Petition is scheduled for March 22, 2004 at 1:30 p.m. 6. The Plaintiff agreed to reinstate the mortgage if Defendants paid $15,059.25 before January 31, 2004. The Defendants paid the reinstatement amount and Plalntiffhas reinstated the mortgage. 7. In light of the reinstatement of the mortgage, the parties request that the Court (i) grant the Petition and set aside the December 10, 2003 sheriff's sale of the Property; (ii) direct the Prothonotary to vacate the judgment in this action; and (iii) direct the Prothonotary to mark this matter "discontinued and ended." WHEREFORE, PlalntiffMorequity Inc. and Defendants Lugene A. Bastian and Stewart A. McGarvey respectfully request that the Court (i) grant the Petition and set aside the December 10, 2003 sheriff's sale of the Property; (ii) direct the Prothonotary to vacate the judgment in this action; and (iii) direct the Prothonotary to mark this matter "discontinued and ended." Respectfully submitted, GOLDBE~Ty & McKEEVER ~';tina ~.. Mmha~~. Attorney I.D. No. 61858 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 (212) 627-1322 Attorneys for Plaintiff Respectfully submitted, RHOADS & SINON LLP Timothy J. Niemhn Attorney I.D. No. 66024 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that on this 10th day of March, 2004, a tree and correct copy of the foregoing document was served upon the following as indicated: First Class United States Mail Joseph A. Goldbeck, Jr., Esquire Goldbeck, McCafferty & McKeever Suite 500 - The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 MOREQUITY INC. Plaintiff Vo LUGENE A. BASTIAN and STEWART A. McGARVEY Defendants IN ~-~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 03-1917-CIVIL TERM i ACTION OF MORTGAGE FORECLOSURE ORDER AND NOW, this _L~L~ day of__~? ~ & the Parties, it is hereby ordered a follows: 2004, upon the Stipulation of (i) the December 10, 2003 sheriff's sale of the real property owned by the Defendants located at 2252 Dover Court, Mechanicsburg, Pennsylvania Property in this matter is set aside pursuant to Pa.R.Civ. P. 3132 and is null and void; (ii) the Prothonotary is directed to vacate the judgment in this matter; and (iii) the Prothonot_ary is directed to mark this matter "disco ' ,, MOREQUITY, INC., Plaintiff Vo LUGENE A. BASTIAN and STEWART A. McGARVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1917 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of March, 2004, upon consideration of the stipulation filed in this matter on March 11, 2004, the hearing previously scheduled for March 22, 2004, is cancelled. BY THE COURT, ,/Kristina G. Murtha, Esq. GOLDBECK, McCAFFERTY & McKEEVER Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Attorney for Plaintiff ~'imothy J. Nieman, Esq. One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Attorney for Defendants J(Wesley Ole~Fjl~, J: 'rc Morequity Inc. VS Lugene A. Bastian and Stewart A. McGarvey In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1917 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Sale of Real Estate located at 2252 Dover Court, Mechanicsburg, PA 17055 is marked "null and void." SherifFs Costs: Docketing 30.00 Poundage 14.09 Posting Bills 15.00 Advertising 15.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 15.18 Levy 15.00 Sumharge 30.00 Distribution of Proceeds 25.00 Law Journal 260.75 Patriot News 188.50 Share of Bills 29.26 $ 649.28 paid by attorney 07/09/04 Sworn and subscribed to before me So Answers; This q~ dayof(~ 7"~'~~~~ R. Thomas Kline, Sheriff Prothonotary Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeek, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MOREQUI'IY INC. PO Box 3788 Evansville, 1N 47736 VS. LUGENE A. BASTIAN STEWART A. MCGARVEY (Mortgagor(s) and Record Owner(s)) 2252 Dover Court Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-1917-CIV1LTERM AFFIDAVIT PURSUANT TO RULE 3129 MOREQUITY INC., Plaintiffin the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 2252 Dover Court Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): LUGENE A. BASTIAN 2252 Dover Court Mechanicsburg, PA 17055 STEWART A. MCGARVEY 2252 Dover Court Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: LUGENE A. BASTIAN 2252 Dover Court Mechanicsburg, PA 17055 STEWART A. MCGARVEY 2252 Dover Court Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the proper~ to be sold: PAPEL-FREELANCE P.O. Box 11848 Harrisburg, PA 17108 DOMESTIC RELATIONS OF C!oVMBERLAND 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: 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 2252 Dover Court Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the s~atements made in this affidavit are tree 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. DATED: June 5, 2003 GOLDBECK~McKEEVER BY: Joseph A. Gold,ok-, 'r., Esq. Attorney for Plainti~Y ~ 03-1917-CIVILTERM GOLDBECK McCAFFERTY & McKEE~v'ER 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 MOP, EQUITY INC. PO Box 3788 Evansville, IN 47736 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW LUGENE A. BASTIAN STEWART A. MCGARVEY Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 2252 Dover Court Mechanicsburg, PA 17055 Terrfl No. 03-1917-CIVILTERM Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AlkYD 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 S u ~:RIFF'S SALE OF REAL PROPERTY TO: MCGARVEY, STEWART A. STEWART A. MCGARVEY 2252 Dover Court Mechanicsburg, PA 17055 Your house at 2252 Dover Court, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enfome the court judgment of $191,677.15 obtained by MOP, EQUITY INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SRERIFF!S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to MOP.EQUITY INC., the back payments, late charges, costs and reasonable attorney's fees due. To fred out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. distribution ofth~ money bid for your house will be-filed by the ~heriff th~ (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The n~oney will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) ere fried with the Sheriff within ten (10) days after the scbedule 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 03 - 1917-CIVILTERM 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 MOREQUITY INC. PO Box 3788 Evansville, 1N 47736 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. CIVIL ACTION - LAW LUGENE A. BASTIAN STEWART A. MCGARVEY Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 2252 Dover Court Mechanicsburg, PA 17055 No. 03-1917-CIVILTERM Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE AT'tEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATI'EMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SA!,E OF REAL PROPERTY TO: BAST/AN, LUOENE A. LUGENE A. BASTIAN 2252 Dover Court Mechaniesburg, PA 17055 Your house at 2252 Dover Court, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2003, at 10:00 AM, in Commissioners Hearing Pan 2nd FL Courthouse to enforce the court judgment of $191,677.15 obtained by MOREQUITY INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT 'Il-liS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to MOREQUITY 1NC., the back payments, late charges, costs and reasonable attorney's fees due. To f'md out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 03-1917-CIV1LTERM 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 TAK~ PLACE. 1, If the Sheriffs Sale is not stopped, you~ 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 ff the buyer pays the Sheriff the full amount due in the sale, To fred out if this has happened, you may call the Sheriff of 717-240-6390, 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of dislxibution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the schedule of distributiun 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 ALL THAT CERTAIN PIECE, PARCEL OR LOT OR LAND SITAUTE 1N THE UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS LOCATED ON THE WESTERN RIGHT-OF-WAY LINE OF DOVER COURRT (50.00 FEET WIDE), SAID POINT BEING LOCATED AT THE SOUTHEASTERN CORNER OF LOT NO. 18; THENCEC EXTENDING ALONG SAID RIGHT-OF-WAY LINE ON THE ARC OF A CIRCLE CURVING TO THE RIGHT HAVING A RADIUS OF 175.00 AN ARC LENGTH OF 43.83 FEET TO A POINT; THEN SOUTH 88 DEGREES 07 MINUTES 05 SECONDS WEST, FOR A DISTANCE OF 38.90 FEET, TO A POINT ON THE ARC OF A CIRCLE CURVING TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 13.62 FEET TO A POINT AT THE NORTHEASTERN CORNER OF LOT NO. 16; THEN ALONG THE NORTHERN BOUNDARY LINE OF LOT NO. 16 NORTH 27 DEGREES 46 MINUTES 08 SECONDS WEST, FOR A DISTANCE OF 145.30 FEET, TO A POINT AT THE SOUTHEAST CORNER OF LOT NO. 21; THEN ALONG THE EASTERN BOUNDARY LINE OF LOT NO. 21 NORTH 63 DEGREES 05 MINUTES 32 SECONDS EAST, FOR A DISTANCE OF 80.70 FEET, TO A POINT AT THE SOUTHWEST LINE OF LOT NO. 19; THEN ALONG THE SOUTHERN BOUNDARY LINE OF LOT NO. 19 AND LOT NO. 18 SOUTH 28 DEGREES 57 MINUTES 13 SECONDS EAST, FOR A DISTANCE OF 185.49 FEET, TO A POINT AND THE PLACE OF BEGINNING. THIS PIECE, PARCEL OR LOT OF LAND CONSISTS OF APPROXIMATELY 14,033 SQUARE FEET OF LAND AND IS KNOWN ASN NUMBERED AS LOT NO. 17 ON THE FINAL RE-SUBDIVISION PLAN FOR CANTERBURY ESTATES, PHASE 1, WHICH IS RECORDED IN CUMBERLAND COUNTY IN PLAN BOOK 54, PAGE 8. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1917 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MOREQUIT¥,/NC. Plaintiff(s) From LUGENE A. BAST1AN AND STEWART A. MCGARVEY 2252 DOVER COURT, MECHANICSBURG PA 17055. (l) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 2252 DOVER COURT, MECHANNICSBURG PA 17055 (SEE ATTACHED LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to not/fy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying may 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 attacinnent is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $191,677.15 Interest 11/1/02 ~1~'6/5/03 ~ 7.5000% Atty's Comm % Atty Paid $134..97 Plaintiff Paid Date: JUNE 6, 2003 (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500, THE BOURSE BLVD. 111 S INDEPENDENCE MALL EAST PHILADELPHIA PA 19106 Attorney for: PLAINTIFF Telephone: (215) 62%1322 Supreme Court ID No. 16132 L.L. $.50 Due Prothy 1.00 Other Costs CURTIS R. LONG Protho~ary (J Real Estate Sale # 60 On June 16, 2003 the sherifflevied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA known and numbered as 2252 Dover Court, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 16, 2003 Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metre editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S A L E #60 REAL Swor~ to ~f~d subscribed before me this 13th day of,,~Ogust~O3 A.D. ~ ~ ~, Da~ ~ ~ NOT~Y PUBLIC ~ E~J~ 6,~ _~t commission expires June 6, 2006 CUMBERED ~U~ SHERIFFS OFFICE CUMBERED ~U~ ~U~SE 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 $ 186.75 Probating same Notary Fee(s) $ 1.75 Total $ 188.50 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and codifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swam, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 18, 25, 2003 AUGUST 1, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and Character of publication are tree. REAL E~TATlg ~ NO. 60 Writ No. 2003-1917 Civil Morequity Inc. VS. Stewart A. McGarvey and Lugene ~ Bastlan Atty.: Joseph Goldbeck ALL THAT CERTAIN piece, par eel or lot or Laird situate in the Up- per Allen Township, Cumberland County, Pennsylvania. and bounded and described as follows: BEGINNING at a point which is located on the western right of-way line of Dover Courrt (50.00 feet wide), said point being located at the southeastern corner of Lot No. 18; thencec extending along said right-of-way line on the arc of a ch'cie carving to the right having a radius of 175.00 an arc length of 43.83 feet to a l~int; then South 88 de grees 07 minutes 05 seconds West, for a distance of 38.90 feet. to a point on the arc of a circle curving to ~he righ~ having ~ r~iij.~s_~[ 1~00 SW~)R~TO AND SUBSCRIBED before me this day of AUGUST, 2003 Na~.~ry REAL ESTATE SALE NO. 60 Writ No. 2003-1917 Civil Morequity Inc. VS. Stewm-t A. McGarvey alld Lugene A. Bastian Atty.: Joseph Goldbeck ALL TI~AT CERTAIN piece, par eel or lot or land situate in the Up- per Allen Township, Cumberland Cou~ty, Pennsylvania, and bounded and described as follows: BEGINNING at a point which is located on the western right-of way line of Dover Courrt (50.00 feet wide), said point being located at the southeastern corner of Lot No, 18; thencec extending along said right-of-way line on the arc ofa cffcle curving to the right having a radius of 175.00 an arc length of 43.83 feet to a point; then 5outh 88 de- grees 07 minutes 05 seconds West, for a distance of 38.90 feet, to a point on the arc of a circle curving to the right having a radius of 15.00 feet, an arc length of 13.62 feet to a point at the northeastern comer of Lot No. 16; then along the north- ern boundary line of Lot No. 16 North 27 degrees 46 minutes 08 seconds West, for a distance of 145- .30 feet. to a point at the southeast comer of Lot No. 21; then along the eastern boundary line of Lot No. 21 North 63 degrees 05 minutes 32 seconds East. for a distance of 80- .70 feet. to a point at the southwest line of Lot No. 19; then along the southern boundary line of Lot No. 19 and Lot No. 18 South 28 degrees 57 minutes 13 seconds East, for a distance of 185.49 feet, to a point mid the place of beginmng. THIS piece, parcel or lot of land consists of approximately 14.033 square feet of land and is known ash numbered as Lot No. 17 on the final re subdivision plan for Canter- bury Estates, Phase 1. which is re- corded in Cumberland County In Plan Book 54, Page 8. SWpR~ TO AND SUBS day of A[