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HomeMy WebLinkAbout01-04941716U 390b 96N4 6553 550'f i, TO: SWEENEY, RANDI S. ' RANDI S. SWEENEY 91 Cold Springs Road Carlisle, PA 17013 ~~, SENDER: GOLDBECK MCCAFFERTY&MCKEEVER December 28, 2001 REFERENCE: SWEENEY, RANDI S./FN-0259 ~~ S[ b ~ - Cnmbedand RETURN Postage RECEIPT Certified Fee SERVICE fletum Receipt Fee Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Providetl Do Not Use for hrtemational Mail iIS, PA DATE\" I Y.V t ` ~,% ~. ../ First Nationwide Mortgage Corp. VS Randi S. Sweeney In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4941 Civil Term Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on February 15, 2002 at 8:54 o'clock pm, EST, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Randi S. Sweeney, by posting the premises located at 91 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania, pursuant to a court order. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on Apri15, 2002 at 8:44 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Randi S. Sweeney located at 91 Cold Springs Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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: Randi S. Sweeney, by regular mail to his last known address of 191 Cold Springs Road, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. Sworn and subscribed to before me This day of So Answers: R. Thomas Kline, Sheriff 2002, A.D. Prothonotary BY o0 Real Estate eputy GOLDBECK Mct:AFFERTY & McKEEVER BY: JOSeph F1. 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 FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff V s. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE RANDI S. SWEENEY (Mortgagor and Record Owner 91 Cold Springs Road Carlisle, PA 17013 Defendants CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) No. 01-4941 Civil Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/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 Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. I~ERVICE WAS ACCOMPLISHED BY COURT ORDER. Per 7ooiE Sm~'r+t C' S(1e~,~{j Otp'r Pof'If0 ( Premises was posted by Sheriffs Office/ Lf ~ !"- 02 ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). (~f 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. rn -c Q N r e r-1 ~ (h A ~ W ~ N > O (O ~ -~ m (li A W N -~ r m m m - u vz ' K 3 ~ O ~~ Sp n v <. ~. m n ~ ~ ~ ~ v ~ a CY y o Z z ~ CY Q to r~ K p ~ a~ N ('a ° 0 -' J fip ~ ~ ~ n a z ° z 3 o w om~ w n 0 , U p ~ ~ ~ m Z y ' Z m Q ~ ~ y m A ~ 9 0 w 3 ~ n 3 n _~ ~ 0 n u' g b 4 _ . ~, u n ~_ °~ 3' y J ~ n ~ i~T.ix ~ m ` .O ~~ 00 m _;u'VO~ ~` 0 Oa2 d. 6~ ~ O _ i w e 3 0_ gm3_ 3 ~g~~': ~~ 73~'°w h ~ 1 ~ OOp Y.. pyGC ~ JQ 1 I. ~ G~~ ~j n n ~ ~ te ~ y q =m2 o ny 3 ~ 1 A .. n ,.2 j ~ ~3 \ _e 0 ~~w ~8 ~~'~ iii _ $$ ~~ ~p §'3 3 Q ~ ~ N ~~ o $ 'e ~a~ Y n n,$o~a a c o ~ 33 3n 3 C m ~.m7 a5~3>_^, m Y0 9~~ o'se~ - -~ o sQa- ~~>•~~ ~o ~~9 ~^ d ±s~"'` a 'r ' x y 61V ~C i$$°~~ 3 ~ 3a ~w`O ~. ~ 3 ~ ~~ i ~ ~ ~ :~ ~~ I 0 N PAZ Naa m ~ m 3 m b 2 A N a ~~ UI ~~ O~ a o, n Q~~ O C d ~ (~ w ~ ~ ~~~~~~'rr°.jj q~:4a.1 ~{?MQ;tri OOO~m CI ~ A H I. 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V ° _~ m ° F+ ~ 7 r [ ~ ° ~~ y ~ e ~ C i 0 m i a OOOO o g o a ca~ a (.ni ~ ~ v a n ^ m a"~ e o 3 a n n ° O~CrA o .zo m z ~~ - z o o n 'a ~ n p ~ ~ O _ ur~O~aay y ~ .J~ T* ~ - ~~ ~ ~ U O .1`1 ~ u:°a~a= o ' A ~ A ~O ® o < ° soa eo~ 8 .avl ~+. em m a = " vl ~o ' ~ „ 3 mc3o°~Z lea n ° soi = 3 ~ ' ^ ~~y ~~ yr m c W C <_ m ~qm3^q~ .~ 'd °n m B~R~ • ~ . 4 ~ o w ~~~ ~ ~ ~r x: ~~ a ~n~ og N b ~ io n z = JC' ~a~~~a o y m °_ G- ~~~ ~ m Z N~ A n ~ ~ ~~»~j ~o N ': p~.sG'~tQ ~ N ~ ~ y ~ ~~ w; : v° fl.gg~~ ~~~ ~ ~p ~ O ~ j ~ a~l ~ N W ~Y ~ yC P b ~° r m i 0 n a R S 3 ~ _ j u~~ . o ~3 y ~ m .. °O° ~ ~ ' ~ ~ S °~i~5~ 1 ~~ Ulr } 41 gn c3 ~a3 ns ~\ \~~ ~: i:- ~ C 3y^3 i a~ ~~~°o$ z~:~oY ~. ~~N9av as~im f ~~ ~A nx ~~ ~«~«yy_ a a a u i. a GOLDBECK Mc'CAFFERTY & 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 FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff Vs. RANDI S. SWEENEY (Mortgagor and Record Owner) 91 Cold Springs Road Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4941 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 FIRST NATIONWIDE MORTGAGE CORP., 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: 91 Cold Springs Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): RANDI S. SWEENEY 91 Cold Springs Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: RANDI 5. SWEENEY 91 Cold Springs Road 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: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: December 28, 2001 ~ GOLD K McCAFF//~~ TY & McKEEVER BY: eph A.~ ldbeck, Jr., Esq. At p ev for aintiff ~ <:~ ~ ~- f., -„ -~ _, ' _, C7 f C% _ ~..~ -3: .~;: C~ ~~ (.S J f'll i. y ~ -- . -1 n.... y (T ~:;~. _.. _ - , ~txs~.aazu- N ~ w..,._.n3~x Ee.*r...w 'ma v-.x;•:r.m~ ~t ~,a,«kay:?#%~R '.. oC`~ zoos GOLDBECK MCCAFFERTY & MCKSEVER JOSEPH A. GOLD$ECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall Bast Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 vs RANDI S. SWEENEY (Mortgagor and Real Owner) 91 Cold Springs Road Chrlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 01-4941 Civil ORDER AND NOW, this 2,z'~ day of QcYd~u- 2001, upon consideration of the Plaintiff's Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendant has been unsuccessful, it is, ORDERED and DECREED: that Plaintiff's Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant by posting a copy of the Complaint upon the premises 91 Cold Springs Road, Carlisle, PA 17013 and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address of 91 Cold Springs Road, Carlisle, PA 17013 and that all further service of ~fNV~1,FSNN~ ~~ ~~~IEt;1!`df=iLi1G _ ~iG .. .... i~_. ,.~~I ~_ ~--„Jan legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendants by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THS COURT: /~ J. GOLDBSCR MCCAFFERTY & MCRSSVER JOSEPH A. GOLDBSCR, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCRSSVSR, ESQIIIRS Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 vs RANDI S. SWESNEY (Mortgagor and Real Owner 91 Cold Springs Road Carlisle, PA 17013 r, ~. Es t~ `, ~ IN THE COURT OF COMMON PLC ~ ._ OF CUMBERLAND COUI4TY `" No. 01-4941 Civil THIS LAW FIRM IS A DEBT COLLECTOR AND WS ARE ATTBHIPTING TO COLLECT A DEBT piBU1 TO OUR. CLIENT_ ANY Il1Ft)RMATION OBTAINED FROM YOU WILL BS USED FOR THE PORPOSE OF COTa.Rt-rr~r_ TBE DEBT. LOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, Michael T. McKeever, Esquire, in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 91 Cold Springs Road, Carlisle, PA 17013, hereinafter, the "mortgaged premises" 2. Defendant, RANDI S. SWSSNSY, is the mortgagor and real owner of the mortgaged premises. 3. The last known address of Defendant is 91 Cold Springs Road, Carlisle, PA 17013 as set forth in Paragraph 2 of the Complaint. 4. The Sheriff has been unable to effect service of the Complaint upon Defendant at her last known address after numerous attempts. 5. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant. WHSRI3FORS, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant by posting the premises and certified and regular mail to the Defendant's last known address. BY: I MCRSSVSTt, 13SQUIRS GOLDBBCIC MCCAFF&RTY & MCKEEVER JOSEPE[ A. GOLDFIECR, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. PO Box 94$1 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 vs RANDI S. SWEENEY (Mortgagor and Real Owner) 91 Cold Springs Road Carlisle, PA 17013 VERIFICATION OF CUMBERLAND COUNTY No. 01-4941 Civil I, MICHAEL T. MCREBVER, ESQUIRE, Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. IN THE COURT OF COMMON PLEAS BY: M-- ICHAE~ T. MCKEEVSR, ESQIIIRB GOLDBECK MCCAFFSRTY & MCRESVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall Bast Philadelphia, PA 19106 215-627-1322 BY: MI(~IAEL T. MCKBEVffi2, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs RANDI 5. SWEENSY (Mortgagor and Real Owner) 91 Cold Springs Road Carlisle, PA 17013 No. 01-4941 Civil Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant which the Sheriff has been unable to personally serve upon Defendant_ As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). ,,~ CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, M L T. MCKSSVBR, SSQUIR$ ~,w PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: FN-0259 Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Case Number: Subject: RANDI S SWEENEY A.K.A.: RANDI SCOTT SWEENEY Property Address: 91 COLD SPRINGS ROAD CARLISLE, PA 17013 Last Known Address: 91 COLD SPRINGS ROAD CARLISLE, PA 17013 Last Known Number: ( ) - Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 08/1612001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER: - - B. EMPLOYMENT SEARCH: Unable to locate a good employer for Randi. C. INQUIRY OF CREDITORS: The creditors indicated that Randi is living at 91 Cold Springs Road, Carlisle, Pa. 17013 with no valid home phone number. Randi filed chapter 7 bankruptcy in May 2001 with attorney Matthew Eshelman. Case # 2001-2777 with no release date given. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The directory assistance has no listing for Randi Sweeney. Contacted 562-943-3962 and spoke with a relative who stated Randi is living at 91 Cold Springs Road, Carlisle, Pa. 17073. INQUIRY OF NEIGHBORS - N/A INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of August 13, 2007 the National Change of Address (NCOA) has no change for Randi from 91 Cold Springs Road, Carlisle, Pa. 17013. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Randi listed at 91 Cold Springs Road, Carlisle, Pa. 17013. OTHER INQUIRIES - A. DEATH RECORDS: As of August 13, 2001 the Social Security Administration has no death record on file for Randi S Sweeney and or a.k.a.'s under her social security number. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC. ): None Found C. COUNTY VOTER REGISTRATION: The Cumberland County Voters Registration Office has Randi listed at 91 Cold Springs Road, Carlisle, Pa. 17413. OTHER SEARCHES - Social security number provided was verified. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: 02163 AFFIANT ichael K Gross "NOTARY SEA/.. Kristine M. Scott, Notary Public St. Louis County, State of Missouri Subs ed7and,sw n to before p~~/ibp-[y$117/200~ / My Commission Expires 912/2002 Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 SHERIFF'S RETURN - NOT SERVED CASE NO:n2001-.04941 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST NATIOlJT~?IDE MORTGAGE_CORP VS SWEENEY RANI~I S R. Thomas Kline Sheriff who being-duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: SWEENEY RANDI S but was unable to locate Her in-his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED as to the within named DEFENDANT SWEENEY RANDI S UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge So answ 18.00 - 6.50 .00 THOMAS KLINE 10.00 SHERIFF OF CUMBERLAND COUNTY .00 34.50 GOLDBECK MCCAFFERTY MCKEEVER 09/24/2001 Sworn and subscribed to before me this day of A.D. Prothonotary ~ -0 ~ i GOLDBECK M JOSEPH A. Attorney Y Suite 500- 111 S. Ind AFFERTY & MCREEVER GDBSCK, JR. .#16132 ~ Bourse Building endence Mall Bast . PA 19106 215-627-1322 BY: MICHAEL', T. MCKSSVER, ESQUIRE Attorney I.D. #56129 Attorney fox Plaintiff FIRST NATIO,NWIDS MORTGAGE CORP. PO Box 9481' Mail Code: 122-528-1011 Gaithersburg, MD 20898-9481 vs RANDI s. sWEENEY (Mortgagor,iand Real Owner) 91 Cold Spxjings Road Carlisle, PA 17013 IN THS COURT OF COMMON PLEAS OF COMBERLAND COUNTY No. 01-4941 Civil CERTIFICATE OF SERVICE MICHAEL T. MCKSEVSR, Esquire, do hereby certify that true and correct copies of the the foregoing Motion for /S'u--bstituted Service have been served upon the Defendant this q TiY' day of October, 20101, by first class mail, postage prepaid. BY: MICHAEL T. MCKESVSR, ESQUIRE - c~ __ :, `' ` m~ , _ . rrs C `LZ -r"~'"` ~ Z ~G L.7 ~ .. ..~ -< ~~ ~ ~bfif".-~~`? a y.'~v~si ~--.w_~~*w,sicwer~+FS~,o-:w.=,,.~!arnx; Na9~AmPtt~n~i SHERIFF'S RETURN - REGULAR CASE N0: 2001-04941 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORP VS SWEENEY RANDI S SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWEENEY RANDI S DEFENDANT the at 1402:00 HOURS, on the 9th day of November 2001 at 91 COLD SPRINGS RD CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 91 COLD SPRINGS RD CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.55 Posting 6.00 Surcharge 10.00 .00 38.55 So Answers: R. Thomas Kline 11/13/2001 GOLDBECK Sworn and Subscribed to before By: me this o2.C. `~ day of ~~ri ~~. P_.~-~ +ZFw ~ A . D . Prothonotary 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 FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 vs. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW RANDI S. SWEENEY ACTION OF MORTGAGE Mortgagor(s) FORECLOSURE 91 Cold Springs Road Carlisle, PA 17013 Term Defendant(s) No. 01-4941 CIVIL CERTIFICATE OF SERVICE JOSEPH A. GOLDBECK, JR. ESQUIRE hereby certifies that on `1 - ~ "t JU l he did serve upon Defendant(s) RANDI S. SWEENEY a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated OCTOBER 22, 2001. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, ~~ f '~ GOLD C cCA Y & McKEEVER BY: JOSEPH A. OLDBECK, JR. ESQUIRE n ~ C1 C "" rs .,,' t'_. ^. ~ i r ,, ~ _ ~ ~t %5 .,~'~. mil- __. ~ ! _ ~~ ~ 3 .` . rr. - i_ :• `~ fL ~~ ~X/-V/~///1/~ T 'h53d~%6fl:~fi :µ~rc^ .•~~iR h1{(i+E4ffiu?:^~}al'~j.33nPaA&~5a "9~VeT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which V eterans Affairs, Sec is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2002, under and by virtue of a writ Execution issued on the 2nd day of 7an~, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 4941, at the suit of First Nationwide Mtg Corp against Randi S Sweeney is duly recorded in Sheriff s Deed Book No. 252, Page 3749 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~~ay of~, A.D. 20aZ First Nationwide Mortgage Corp. VS Randi S. Sweeney In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4941 Civil Term Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on February 15, 2002 at 8:54 o'clock pm, EST, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Randi S. Sweeney, by posting the premises located at 91 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania, pursuant to a court order. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on Apri15, 2002 at 8:44 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Randi S. Sweeney located at 91 Cold Springs Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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: Randi S. Sweeney, by regular mail to his last known address of 191 Cold Springs Road, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck for Secretary of Veterans Affairs. It being the highest bid and best price received for the same, Secretary of Veterans Affairs of 5000 Wissahickon Ave., Philadelphia, PA 19144, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $624.01, it being costs. Sheriff s Costs: Docketing $30.00 Poundage 12.24 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 8.28 Certified Mail 1.79 Levy 15.00 Surcharge 20.00 Posting 6.00 Law Journal 204.95 Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 174.55 25.20 25.00 29.50 $624.01 paid by attorney 07/10/02 Sworn and~subscribed to before me ~ sw r~~~ ~~~ This :Lo -day of ~~ R. Thomas Kline, Sheriff 2002, A.D.~~~r~ ~ ~t,o0,. , c~j, r thonotary YVIA~'1 BY Real Estate eputy W ~~ I,Sv Ch. 3'73 89 ~;~ pies WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-4941 CIVIL Y~ TERM COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due _ First_Nationwide Niortrgage Corp. __ ___ PLAINTIFF(S) from,. Randi S._Stveeney, 91 Cold Springs Road, Carlisle, PA 17013 DEFENDANT(S) (t) You are directed to levy upon the property of the defendant(s) and to sell SaQ r.agal ription (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the, gamishee(s)uislare enjoined from pay(ng-any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; i' (3) Itpropertyofthedefendanl(s)rtotlevieduponansubjecttoattachmentisfoundinthepossessario~fa(ryo{reother thana namedgarnishee, you are directed lonotify him/herthat he/she has been addedas agalnishee and is enjotoedastatio4e stated. AmounlDue 5108,019.82 fran 12/28/01 to sale date at Interest se,17 76-~a~rn Atty's Comm Atty Paid _ Plaintiff Paid Date: January 2, 2002 REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. _ Address: Suite 500 -The Bourse Bldg. -i~r` --3mdegendexxee-~Iai~-East Philadelphia PA 19106 __ __ Attorney tor: P1 ai nt; ff _ Telephone: 2tS_6~q_14~~ Supreme Court ID No. t At -t~ L.L. $.50 Due Prothy ct .nn Other Casts Curtis R. Long ~ ~ ~Protho~notary, Civil Division Deputy REAL. ESTATE SALE {~o. r~ On February 7, 2002, the sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, known and numbered as 91 Cold Springs Road, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 7, 2002 By: ~~o "`^1 oJ~.~~ Real Estate Deputy ~ill`Yf~iASNN3d -~ ~ ~~ ~` ~' `_' "~`~l 4~~ ~s~ ~~ ~ ~ N9~ ~~~ ~iw~..~~J~u~,~~ r -~ _,, - "abM'kT`-fl~~~,&+~^#9's'Me ~N+s?rF:v~5A~ss~nmchg4A1W~~YP... -~~_~.rs.r ..... :, _ ....n~. r ~ may.. z ... . ~+~mvER'a _. _ , ,~` 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 FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff Vs. RANDI S. SWEENEY (Mortgagor and Record Owner) 91 Cold Springs Road Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4941 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 FIRST NATIONWIDE MORTGAGE CORP., 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: 91 Cold Springs Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): RANDI S. SWEENEY 91 Cold Springs Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: RANDI S. SWEENEY 91 Cold Springs Road 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: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: December 28, 2001 / ~ GOLD K McCAFF TY & McKEEVER BY: eph A./hI/ ldbeck, Jr., Esq. Att ~ ey for plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 500 -The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff V s. RANDI S. SWEENEY (Mortgagor and Record Owner) 91 Cold Springs Road Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4941 CIVIL 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: SWEENEY, I2ANDI S. RANDI S. SWEENEY 91 Cold Springs Road Carlisle, PA 17013 Your house at 91 Cold Springs Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June O5, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $108,019.82 obtained by FIRST NATIONWIDE MORTGAGE CORP. against you. YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I. The sale will be cancelled if you pay to FIRST NATIONWIDE MORTGAGE CORP., the back payments, late chazges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open judgment, if thejudgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an 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 property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the properly as if the sale never happened. 5. You have a right to remain in the property until the foil 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 disnibution 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Cazlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a post on the eastern side of the Cold Springs Road at the corner of lands previously conveyed to M. Arthur Naylor and Grace Lee Naylor, his wife; thence along said Cold Springs Road, North 23 degrees East 140 feet to a point at line of lands previously conveyed to Charles Lillie; thence by said latter lands, South 72 degrees East 250 feet to a point; thence by the same, North 23 degrees East 10 feet to a point; thence by the same, South 72 degrees East 100 feet to a point at line of lands now or formerly of John P. McCoy; thence by the same, South 23 degrees West 150 feet to a point; thence by lands of M. Arthur Naylor, et ux, North 72 degrees West 350 feet to a post on the eastern side of the Cold Springs Road, the place of BEGINNING. Tax Parcel #08-32-2326-022 Being known as 91 Cold Springs Road, Carlisle, PA 17013 - ._ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderACt No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frartk J. Epley being duly sworn according to law, deposes and says: That he is the 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/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. 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 SALE #19 -PEAL ESTATE SP - t,_ Writ No.2007 -~ -- CIWITen _FlrstNetloe - ~" Mortgage C cola 'rof Icho Notarlal3eal Terry L. Ruscgll, Notary Public - _ HaMSburg, Dauphin County tg My Commission Expires June 6, 2002 Member, Pennsylvania Assootation of Nok 17th NOTARY PUBLIC commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE - CUMBERLAND000NITYCOURTHOUSE CARLISLE, PA. 17013 1iTARJ [rut of ]and situaze in xnsldp, Cumberland county, Statement of Advertising Costs ~- mndedanddescribedasfollows a post on the eastern side of the , To THEPATRIOT-NEWSCO.,Dr. Roaa ac dre comer of lands ~ For publishing the notice or publication attached eyed to M• Arthm Naylor and ' ion his wife; thence along said ~ hereto on the above stated dates $ 172.80 oaa, Node 2s degmxs East loo _ - Probating same Notary Fee(s) $ 1 .75 line of hinds previously conveyed ie; thence by said latter lands, Total $ 174.55 s Fast 250 feet [o a point; thence nth 23 degrees Past !0 feet to a _ the same, south 7z degrees Faat publisher's Receipt for Advertising Cost nt at line of lands now or formerly ay; thence by the same, south 23 ,publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general O feet toapoint; thence by lands a receipt of the ylc5 etpx, North 72 degrees West aforesaid notice and publication costs and certifies that the same have st on the eastern side of the Cold Springs Road, CazGsle, By ............................. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Ro er M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002_ L®SS E. EFt, P1~IIo County fly Care March 5, ~6 REAL ESTATE SALE NO, 19 Writ No. 2001-4941 Civil First Nationwlde Mortgage Corp. vs. Rands S. Sweeney Atty.: Joseph A. Goldbeck ALL THAT CERTAIN tract of land situate in Dickinson Township. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a post on the eastern side of the Cold Springs Road at the corner of lands previ- ously conveyed to M. Arthur Naylor and Grace Lee Naylor, his wife; thence along said Cold Springs Road. North 23 degrees East 140 feet Yc a point at lire of lands previ- ously conveyed to Charles Lillie; thence by said latter lands, South 72 degrees East 250 feet to a point; thence by the same, North 23 de- grees East 10 feot to a point: thence by the same. South 72 degrees East 100 feet to a point at line of lands now or formerly of John P. McCoy; thence by the same, South 23 de- grees West 150 feet to a point; thence by lands of M. Arthur Naylor, et ux, North 72 degrees West 350 feet to a post on the eastern side of the Cold Springs Road, the place of BEGINNING. Tax Pazcel #OS-32-2326-022. Being known as 91 Cold Springs Road, Cazhsle, FA 17013. GOLDBECK McCAF~'ERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY LD. #16132 SUITE 500 -THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF PIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff vs. RANDI S. SWEENEY Mortgagor(s) and Real Owner(s) 91 CGld Springs Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE QI - '(/9~~ e(utL Tenn CIVIL ACTION: M~P4TGAGE F~RECL®SURE 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 m defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Comphtiut and notice are served, 6y entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections m the claims set forth against you. You are warned that if yuu fail to do so the case may proceed without you and ajudgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other chdm or reliefrequested by the Plaintiff. You may lose money or property or other tights important to you YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. Q~' YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFPICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8lrvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEIAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE llSTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE HS HECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIEROBRiCCWN CONTRA LAS QUEIAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, Sfi PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, S[N NOTIPICARIO, DECIDBC A FAVOR DEL DEMANDAFITE Y REQOERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIOFIES DE ESTA DEMANDA. POR RAZON D6 ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DEVERO, PAOPIEDAD U OTROS DERECHOS IIvB'ORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. Sl NO CONOCE A UN ABOGADO. LLAME AL "LAWYER REFERENCE SERVICE" (SERViCIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC B Irvine Row Carlisle, PA 17013 717-243-9400 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is FIRST NATIONWIDE MORTGAGE CORP., PO Box 9481, Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481. 2. The name(s) and address(es) of the Defendant(s) is/are RANDI S. SWEENEY, 91 Cold Springs Road, Carlisle, PA 17013, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On August 20, 1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CTX MORTGAGE CO., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1565 Page 708. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: FIRST NATIONWIDE MORTGAGE CORP. by Assignment of Mortgage dated December 17, 1999 as Book 633 Page 894; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due December Ol, 2000, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 11/01/2000 through 08/31/2001 at 8.5000% Per Diem interest rate at $21.69 Attorney's Fee at 5.0% of Principal Balance Late Charges from 12/01/2000 to 08/31/2001 Monthly late charge amount at $41.78 Costs of suit and Title Search Escrow Debit Monthly Escrow amount $0.00 $91,851.30 $6,593.76 $4,592.57 $376.02 $750.00 $104,163.65 +$1,107.94 $105,271.59 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attomey's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Rousing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $105,271.59, together with interest at the rate of $21.69, 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. By: G DB K McCAFFERTY & McKEEVER B 70SEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Sherry Stinson, 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 tme and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: ~C~~~3~.-L"~ , Rtag COL O1 08: EOa BRIRD LRW OFFICE 717-243-H1 t0 P.4 37s~~ P , ROBERT P. L@GLER" RECORDER OP DEEDS CUhIBERLAND COUNTY-Po1 ~ '99 Al1G 23 flf7.10 34 ~ PARCEL I.D.NO: 08-32-2326-022 THIS DEED, MADE THE Z~ day of August in the yeaz one thousand nine hundred ninety-nine (1999), EETWEENKENNETH D. HYKES and DIANA M. HYKES, his wife, of Gardners, Cumberland County, Pennsylvania, hereinafter called Grantors, K B v-v^~r s. ~~\ 9~~~9Y AND RANDI SWEENEX, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter called Grantee: WITNESSETH, that in consideration of the sum of Ninery Thousand Nine Hundred no/100 (590,900.00) Dollars, in hand paid, the receipt whereof is hereby aclmowledged, the said Grantor does hereby grant and convey unto tha said Grantee, his heGs and assigns ALL that certain tract of lend situate in Dickinson Township, Cumberland County, Petmsylvania, bounded and described as follows: BEGINNING at a post on the eastem side of the Cold Springs Rosd at the comer of lands previously cotveyed [o M. Arthur Naylor and Grece Lee Naylor, his wife; thence along said Cold Springs Road, Norlh 23 degrees East 140 feet to a point ~at line of lands previously conveyed to Charles Lillie; thence by said latter lands, South 72 degrees East 250 feet to a point; thence by the same, North 23 degrees East 10 feet to a point; thence by fhe samq South 72 degrees East 100 feet to a point at line of lands now or formerly of Sohn P. McCoy; thence by the same, South 23 degrees West 150 feet to a point; thence by lands of M. Arthur Naylor, et ux, North 72 degrees West 350 feet to a post on the eastem side of the Cold Springs Road, the Place of BEG[NNING. BOON :LL'S ?AEE '+z~ R 1g~~E O1 OH: 30a M HPIRD L%W OFFICE 717-293-8110 p•3 ~'.~. UNDER AND SUBJECT to the restrictions which shall be binding upon the Grantees, their heirs and assigns, [hat no temporary of permanent parking of any trailer or mobile type home shall be calried out on said premises, or any part ihereo£ BEING the sazne premises which Diana M. Hykes, granted and conveyed ro Kemelh D. Hykes and Diana M. Hykes, his wife, Grantors herein, by their deed dated April 14, 1995 and recorded in Cumberland County Deed Book 120, Page 1058. AND the grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. INWI77VESS WHEREOF, said grantors have hereunto set their hands and sea4s the day, month and year first above written. Sigxer{ SealedaxdDetivered ix the presence of ~!5+947i8~nB~rBe9 ~~ n q ~~~3~~, ~'~ ~~~ ~~~~ ~a ~~ -o ~ ~¢~~~t~_..~~s°e~ £;Igeoseooaobe ~' ~ ~~ ~ A ~G h a ~m '/^~~ (SEAL) KENNETH D. H'YKES ~!.n+~~~er, (SEAL) DIANA HYKEl~IE- S ~S6'' - ~~ ~~ BOOK 2~6 rarh 257 900 @J ~Sfi~S 0~ S2i/Yla ": ~~~'~ ~ ~~ ~~ PO. Bax 9481 June 20, 2001 ca~d~er3e~~.MOZOesa-saes Certified Mail - Return Receipt Requested Ralldi S Sweeney 91 Cold Springs Rd Carlisle PA 17013-9109 RE: Loan No. 0022163646 Dear Mortgagor: Act 91 Notice Take Action to Save Your ~-Iome From Foreclosure La notification en adjunto es de soma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprend8 el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargas al numero mencionada arriba. Puedes ser elegible Para un prestamo por el programa 1lamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvar su casa de la perdida del derecho a reflimir su hipoteca. DF400-003/C30 fifi~OT I2I3 TOOy/LT/80 S7Rp Cm;rnrdn Ilnac, kudnnck. A40 7'. /IIJ ti/9 39tld °OI 30tl9Z2lOW 30IMNOIZHN Z521I3°W0213 EE'LL tO-LI-9fitl mr,p HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (AEMAF) may be able to 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. LOO~j ~Ri~94 Oft Y2I/XS] bb~OT I2L3 TOOZ/LT/SO June 20, 2001 Loan No. 0022163646 Page 2 Homeowner's Name: Property Address: Loan Account No.: Original Lender: Current Lender/5e Randi 5 Sweeney 91 Cold Springs Ro Carlisle PA 17013 0022163646 CTX Mortgage Co. rvicer: First Nationwide Mortgage IiOMEOwNER' S EMERGENCY MORTGAGT± ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS PA ACt 91 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED SX CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF XOU 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. DF403-001/C30 LI/L 39Hd °QI 39V9Z 210W 3aIMNOISHN S521I3=W02I3 £E°II IO-LL-JIItl ROO~J ~R6S~ ON Y~I/%Z) Vb~OT I2I3 TOOZ/LT/RO June 20, 2007. Loan No. OD22163646 Page 3 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 tele hone numbers of the designated consumer credit counseling agencies for county in which the ro ert 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. APPLICATIONS 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 completed Homeowners' Emergency Mortgage 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 xousing 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 50 OR IF YOU DO NOT FOLLOW THE OTI3ER 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 eligi~ bility criteria established by the Act. The Pennsylvania Housing DF403-001/C30 LI/e 39Hd °OI 3`1V9S2IOW 30IMNOIZHN SS2II3'WD?]3 EE=LL EO-LL-9f1H 600~j (8695 OK R2~/Y,L~ Vfi:OT I~I3 TOOZ/LT/FO ,7une 20, 2001 Loan No. 0022163646 Page 4 PA Act 91 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 an'rl'rivN 1N BANKRUPTCY, THE FOLLO`VTNG PART OF THIS IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED A5 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 (Brinc7 it up to date) First Nationwide Mortgage Corporation (FNMC) acknowledges that you have previously filed for protection under the Bankruptcy Code. Accordingly, FNMC is not attempting to impose personal liability against you to collect the debt that has been discharged under bankruptcy. The purpose of this letter is to notify you of the present intent of FNMC to initiate foreclosure proceedings solely against the above-referenced real property used to secure your mortgage loan, should the status of your loan remain delinquent. Any information FNMC obtains from you will be used for the purpose of foreclosing on the real property. NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 91 Cold Springs Ro Carlisle PA 17013 IS SERIOUSLY IN DEFAULT because: XOU HAVE NOT MADE YOUR MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 7 Months at $835.69 = 5,849.83 Months at S = .00 Months at $ ~ .00 Late Charges 66.86 Bad Check Fees .00 Foreclosure Fees .00 Bankruptcy Fees 890.00 Other Fees 7.00 Less Suspense Balance 471.84 TOTAL AMOUA7'P DIIE 6,341.85 AS OF THIS DATE DF404-001/C30 LL/6 39Hd •QI 39H9S 210W 3QIMNOISHN SS2II3°W0213 EE°LL LO-LI-ontt OT0~1 (8bS9 0.1i I2I/%Z) Vfi:OT IZL3 TOOZ/LT/a0 June 2D, 2001 Loan No. 0022163646 Page S HOW TO CURE THE DEFAULT - DAYS of the date of this TO TEiE LENDER WHICH IS $ CHARGES WHICH BECOME DUE PA Act 91 You may cure the default within THIRTY (30) notice 8Y PAYING THE TOTAL AMOUNT PA5T DUE 5,923.69 PLUS ANY MORTGAGE PAYMENTS AND LATE DURING TH8 THIRTY (3~0) DAY PERIOD. Payments a.h rachiar'a chaCk. Certified check. or First Nationwide Mortgage Corporation Dept. 0107 Palatine, 2L 60055-0107 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 ricrhts 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 attor- neys t0 Start 1@gal dCt10h t0 fOTeC108e t1AOn your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, it legal proceedings are started against you, you will have to pay all reasonable attorney's fees incurred by the lender even if they exceed 550.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. I~ou cure the default within the THIRTY (30) DAY period, you DF404-001/C30 LI/0I 3:)tld °4I 39tl9Z 210N 34IMNOI.L tlN S52fI3°W0213 bE'lL IO-LI-~Iltl ,~~ TTO~ (R69S 0~ S2I/Y,L7 66~OT IiI3 TOOZ/LT/80 ~. June 20, 2001 Loan No. 0022163646 Page 6 PA Act 91 OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR THE SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ou still have the ri ht to cure the default 1 / anY other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same posztion as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You ma,~'find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER:. First Nationwide Mortga~ Corporation ~52$O~Co~porate Drive Frederick, MD 21703 Department 252 1-8U0-888-4333 EFFECT OF THE SHERIFF'S BALE - Xou should realize that the 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, UPON OUR CONSENT may 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 AEBT. * TO HAVE THIS DEFAULT CURED BX 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 bEFAULT. (I~OWEVER, 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 MAX HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. DF405-001/C30 ii/LL 39tld °OI 39tl9S 210W 30IMNOISHN S521I3°W02I3 bE°LI SO-LI-antl 1~~~~0 ~ ~ C o C .Jc ~ F "a d `~ ~ ~- C> C; J C='_ ~~ n ti~; t'r, 7 ,~ GJS~ P,x -~ r `l ~ - ~ `~! <~ a a .; ~~ 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 FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff 1N THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. RANDI S. SWEENEY 91 Cold Springs Road Carlisle, PA 17013 Defendant(s) CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4941 CIVIL PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. GOLDBECK,McCAFFERTY & McKEEVER By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff f') ~ r- ~..,... - 1 -U C !,`'_ C ~ ', 't~t~ ,`~ "' T~ r"' G K~ IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY FIRST NATIONWIDE MORTGAGE CORP. PO Box 4481, Mail Code: 22-528-1011 GaithersNurg, MD 20898-9481 Plaintiff V s. RANDIS.SWEENEY (Mortgagor and Record Owner) 91 Cold Springs Road Carlisle, PA 17013 Defendant No. 01-4941 CIVIL PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES 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. Kindly enter judgment in favor of the Plaintiff and against RANDI S. SWEENEY, Defendant for failure to file an Answer to Plaintiffs Complaint within 20 days (or 60 days if defendant is the United States of America) from the date of service of the complain and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $105,271.59 Interest - 9/1/01-12/28/01 $ 2,581.11 Late Charges $ 167.12 TOTAL $108,019.82 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Jose A. Gold ck, Jr. A ey for P ntiff I. 16132 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~,~ -?~ ate. ' PRO PROTIiY AND NOW ~ ~.t ~ .~ ~~~p ~ ,Judgment is entered in favor of FIRST NATIONWIDE MORTGAGE CORP. and against RANDI S. SWEENEY by default for want of an Answer and damages assessed in the sum of $108,019.82 as per the above certificatio-~ Prothonotary 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 THI5 NOTICE: December 10, 2001 To: RANDIS.SWEENEY 91 Cold Springs Road Carlisle, PA 17013 FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 vs. RANDI S. SWEENEY (Mortgagor(s) and Record Owner(s)) 91 Cold Springs Road Carlisle, PA 17013 Plaintiff Defendant(s) TO: RANDI S. SWEENEY 91 Cold Springs Road Carlisle, PA 17013 IMPORTANT NOTICE In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. 01-4941 CIVIL YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNCY BAR ASSOCL1rION z Lilx~ry Avrnue G diele, PA 19013 LEGAL SERVICES WC %Irviue ROw Calisle, PA ^OI3 ]I9-?43-9400 GO $ C ~IcCAFFER EVER B ~ ~ seph A. Goldbeck, Jr, Esq. Attorney for Plaintiff Suite 500 -The Bourse Bldg. 111 S. Independence Mall East Philadelphia,PA 19106 215-627-1322 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, RANDI S. SWEENEY, is about unknown years of age, that Defendant's last known residence is 91 Cold Springs Road 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 Relief Action of Congress of 1940 and its Amendments. Date: December 28, 2001 Jos A. G dbeck, Jr. At ney f Plaintiff ?v (~ ~ ~ ~j~. n0, G h O ~`, ~ ~ m z~:; IL r `I >,-. ~-~- c~ ra c~ (a.` _~. ,'~ ~~ ~,~; --z O -`; c: ~'~-> r, ~~ r Rule of Civil Procedure No. 236 -Revised IN TFIE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481, Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff V s. RANDIS.SWEENEY (Mortgagor and Record Owner) 91 Cold Springs Road Carlisle, PA 17013 Defendant(s) No. 01-4941 CIVIL THIS LAW FIItM 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 ajudgment in the above-captioned/mn!atter-h-a~s-b~e-ern entered against u. I.CN~ ~- Curt Long Prothonotary o ~Y~ ~/~On.-ems G ~ ~I/!/J.cX. Deputy 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 FIRST NATIONWIDE MORTGAGE CORP. Plaintiff RANDI S. rJWEENEY Vs. Defendant TO THE OFFICE OF THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA N0: 01-4941 CIVIL PRAECIPB FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Issue writ of execution in the above matter: Amount Due Interest from 12/28/01 to sale date at $17.76 per diem Total $108,019.82 Plus Costs Jos A. ldbeck, Jr. Su' 500 he Bourse Bldg. 111 S. In ependence Mall East Philadelphia, PA 19106 Attorney for Plaintiff Note: Please attach description of property. A 0 0 0 N a H H U ri W 01 ri O z° o~ U Q H ~ 9 U a ~+ ro av~i ~ w w ~ p~ ~ ,~ k ~ +~ a U' ~ ~ a ~ w ~° ~rt ~ ~ ~ w m ~ H 0 a, W a E W A '> V] ~ N ~ ~ r-1 li E U H H O N v ~~ R, ~ ~ U N Q a' x H ~+' y~ rn U N x w ~ " v ~ °~ E'' y ~ ~ S x ~~ H U pHy LL W N N N N '~ b C>- e } ~ h- U.:-=. ~ ~ ~' ter` a L L;J (_~_ ~ _, t' ~~ i~ V V N ~'M ~~ , " ~o~~aa ® a~ ~~ g, ~ "'i ~' ~` C~ ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a post on the eastern side of the Cold Springs Road at the corner of lands previously conveyed to M. Arthur Naylor and Grace Lee Naylor, his wife; thence along said Cold Springs Road, North 23 degrees East 140 feet to a point at line of lands previously conveyed to Charles Lillie; thence by said latter lands, South 72 degrees East 250 feet to a point; thence by the same, North 23 degrees East 10 feet to a point; thence by the same, South 72 degrees East 100 feet to a point at line of lands now or formerly of John P. McCoy; thence by the same, South 23 degrees West 150 feet to a point; thence by lands of M. Arthur Naylor, et ux, North 72 degrees West 350 feet to a post on the eastern side of the Cold Springs Road, the place of BEGINNING. Tax Parcel#08-32-2326-022 Being known as 91 Cold Springs Road, Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-94B1 Plaintiff Vs. RANDI S. SWEENEY (Mortgagor and Reoord Owner) 91 Cold Springs Road Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4941 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 FIRST NATIONWIDE MORTGAGE CORP., 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: 91 Cold Springs Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): RANDI S. SWEENEY 91 Cold Springs Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: RANDI S. SWEENEY 91 Cold Springs Road 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: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 p.0. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 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. (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 16 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: December 28, 2001 / ~ GOLD K McCAFF// TY & McKEEVER BY: eph A.~ ldbeck, Jr., Esq. At n ev for aintiff ~? ° c~ mm - 7. _. _ z: ~ ~ _- , -- ~ ~ ny t " ~ ~C ~; ~i fi ~- r t: ; C I't C ..~a J ? _ti .rJ • ^G 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 FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff Vs. RANDI S. SWEENEY (Mortgagor and Record Owner) 91 Cold Springs Road Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE TERM N0. 01-4941 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 Plaintiff has complied with all the provisions of the Act. t7 c~ ~~ `-~ ~,~ _ _ _ J..~ e~ ~ ~ G C- § - : ~~1~ y' ~ 1 ~~ `° C~ .1? ~ ~~) J_ ` 1 ~~ M1 ~ ~_ri - C7 y ~ f,.J `m --{ J }~ '~, .y,rt.. ,:ava GOLDBECK McCAFFERTY & McKEEVER 13Y: Joseph A. Goldbeck, 7r. Attomey LD.#16132 Suite 500 -The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. p0 Box 9481 Mail Code: 22-528-1011 Gaithersburg MD 20898-9481 Plaintiff Vs. RANDIS.SWEENEY (Mortgagor and Record Owner) 91 Cold Springs Road Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4941 CIVIL THIS LAW FHtM 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: SWEENEY, RANDI S. RANDI S. SWEENEY 91 Cold Springs Road Carlisle, PA 17013 Your house at 91 Cold Springs Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale pn Wednesday, June O5, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the courtjudgment of $108,019.82 obtained by FIRST NATIONWIDE MORTGAGE CORP. 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 FIRST NATIONWIDE MORTGAGE CORP., the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 2. You maybe able to stop the sale by filing a petition asking the Court to sfrike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an 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 property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd 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 shaze 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 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) aze 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 c ~ `~ ~ ti. -D~ C. ~~ -i _. ;I ~~` ..i ITI d>.~ ~~. `a ~~) , yO m r . ~ { te ' ` -G '- ~- C ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a post on the eastern side of the Cold Springs Road at the corner of lands previously conveyed to M. Arthur Naylor and Grace Lee Naylor, his wife; thence along said Cold Springs Road, North 23 degrees East 140 feet to a point at line of lands previously conveyed to Charles Lillie; thence by said latter lands, South 72 degrees East 250 feet to a point; thence by the same, North 23 degrees East 10 feet to a point; thence by the same, South 72 degrees East 100 feet to a point at line of lands now or formerly of John P. McCoy; thence by the same, South 23 degrees West 150 feet to a point; thence by lands of M. Arthur Naylor, et ux, North 72 degrees West 350 feet to a post on the eastern side of the Cold Springs Road, the place of BEGINNING. Tax Parcel #OS-32-2326-022 Being known as 91 Cold Springs Road, Carlisle, PA 17013 SHERIFF'S RETURN - NOT SERVED e ~ CASE NO: 2001-04941 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORP VS SWEENEY RANDI S R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: SWEENEY RANDI S but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED as to the within named DEFENDANT SWEENEY RANDI S UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge So answ 18.00 - 6.50 .00 THOMAS KLINE 10.00 SHERIFF OF CUMBERLAND COUNTY .00 34.50 GOLDBECK MCCAFFERTY MCKEEVER 09/24/2001 Sworn and subscribed to before me this .~L 7 " day of ~p / A .//D~/ . .A a, S~G~ ~ i_10i_~ Pr t~onotary • GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 -THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHII.ADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff vs. RANDI S. SWEENEY Mortgagor(s) and Real Owner(s) 91 Cold Springs Road Carlisle, PA_17013 Defendant(s) I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Q~--~9y/ I:.LUi~ Term CIVIL ACTIOid: MORTGAGE FORECLOSURE TffiS 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 Gave been sued in court, if you wish ro defend against the claims set forth in the following pages, you must take acfion within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by anomey and filing in writing with the court your defenses or objecfions to the claims set forth against you. You arc warned that if you fail ro do so the case may proceed without you and ajudgment may 6e 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 W you. YOU SHOULD TAKE THIS POPER TO YOUA LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OPFICE SET FORTH BELOW TO FMD OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC S Irvine Row Carlisle, PA 17013 717-243-9400 ~ _ _ _ AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEIAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERViDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUH USTFA, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRTTA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OB3ECCION CONTRA LAS QUEIAS EN ESTA DBMANDA. RECUERDE: SI i75TED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIIi CON EL PROCESO Smi SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DEC[DIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RATAN DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DA]ERQ, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IIvIMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC S Irvine Row Cazlisle, PA 17013 717-243-9400 TRUE COPY FROM RECORD In Testlnwny whereof,) here unto set my haiad and the seal ppf said Cou at Carlisle, Pa. Thi, ~I~Aa ~~'- f~rothori0tary I HEREBY CERTIFY THAT THIS COMPLAINT IN MORTGAGE FORECT~ AND CORRECT COPY OF THE ORIGINAL FILED 1. Plaintiff is FIRST NATIONWIDE MORTGAGE CORP., PO Box 9481, Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481. 2. The name(s) and address(es) of the Defendant(s) is/are RANDI S. SWEENEY, 91 Cold Springs Road, Carlisle, PA 17013, who is/are the mortgagor(s) and real owner(s) ofthe mortgaged premises hereinafter described. 3. On August 20, 1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CTX MORTGAGE CO., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1565 Page 708. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: FIRST NATIONWIDE MORTGAGE CORP. by Assignment of Mortgage dated December 17, 1999 as Book 633 Page 894; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due December O1, 2000, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. - 6. The following amounts are due on the mortgage: Principal Balance Interest from 11/01/2000 through 08/31/2001 at 8.5000% Per Diem interest rate at $21.69 Attorney's Fee at 5.0% of Principal Balance Late Charges from 12/01/2000 to 08/31/2001 Monthly late charge amount at $41.78 Costs of suit and Title Search Escrow Debit Monthly Escrow amount $0.00 $91,851.30 $6;593.76 $4,592.57 $376.02 $750.00 $104,163.65 +$1,107.94 $105,271.59 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the ' Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $105,271.59, together with interest at the rate of $21.69, per day and other expenses incurred by the Plaintiff which aze properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: WV G DB K McCAF"FERTY & McKEEVER B 70SEPH A. GOLDBECK, 7R., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Sheny Stinson, 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, infoimation and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: _~~-LS~,se~--=' R~.rg ,,02 O1 OH: 60a HRI RD LRW OFFICE 717-2M3-Od10 P.Y ! .) 3 / s'77 e - ROBERT F. 2IEGLER" RECORDER OF DEEDS CUf,IOERlANO COUNTY-PA ~ '99 AUG 23 A(7.10 34 PARCEL I.D.NO: OS-32-2326-022 THIS DEED, - MADE TIfE Z day ofAugust in the yeaz one thousand nine hundred ninety-nine (1999), BETWEENKENNETH Ik HYICES and DIANA M. HYICCS, his wife, of Gardners, Cumberland County, Pennsylvania, hereinafter called Grantors, ~ H q.~,at 5. ~\ 9~~q AND RANDI SWEENEY, of Mechanicsburg, Cumberland County, Pennsylvania, hereinater dalled Granteef W(TNESSETN, that in consideration of the-sum of Ninety Thousand Nine Hundred no/100 ($90,900.00) Dollars, in hand paid, the receipt whereof is hereby aclmo~.vledged, the said Grantor does hereby grant and convey unto the said Grantee, hishehs and assigns ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a post on the eastern side of the Cold Springs Road at the comer of lands previously conveyed [o M. Arthur Naylor and Graca Lee Naylor, his wife; thence along said Cold Springs Road, North 23 degrees East l40 feet to a point a[ line of lands previously conveyed to Charles Lillie; thence by said laver lands, South 72 degrees East 250 feet to a point; lltence by the same, North 2i degrees Eas[ IO feel to a point; thence by the same, South 72 degrees East 100 feet to a point at line of lands now or formerly of SoM P. McCoy, thence by the same, South 23 degrees West 150 feet to a point; thence by lands of M. Arthur Naylor, et ux, North 72 degrees West 350 feet to a post on fhe eestem side of the Cold Springs Road, the Place of BEGINNING. 8001( 2G& P#CE `rZv~ R~~g 02 O1 08: 30a Hfl IRH LFW OFFICE 717-2't3-8110 P•3 .... fir... UNDER AND SUBJECT to the restrictions which shall be binding upon the Grantees, their heirs and t~ssigns, that no temporary or permanent parking of any trailer or mobile type home shall be carried out o¢ said premises, or any part thueoE BEING the carne premises which Diana M. Hykes, granted and conveyed to Kenneth D. Hykes and Diana M. Hykes, his wife, Grantors herein, by lhev deed dated April 14, 1995 end recorded in Cumberland County Deed Book 120, Page 1058. ANb the grantors hereby covenant and agree that they will warrant specially the property _ hereby conveyed. IN WITNESS WREEEOF, said grantors have hereunto set their hands and seals the day, month and year fast above written. -~ Signed Sealed and Delivered - irs the presence of ~7~+-~w.K ~ ~22ji~a~ (SEAL) KENNETHH D. HYKES- ~~.r+~~NMe~ (SEAL) ' 4 4 ~ S ~-' S2 Ki FY A ~ DIANA . HXKEl1~ S_ ~~~~~~ee • I ~~ ~ ~~ Ky a y c~ ~s m - ~~'•'ci~~9t.-..~~^Sit~ `. ~ 900N 2Q6 PACE 2~ a::'JBoo'Sooooo0o tm~C i 9001~J ~Rb99 ON Y2T/%7.a V6~Oi I2[3 iQOZ/Li/RO ' ~ ~TIOMMDE v~ `" U MORTGAGE } . a.o.eoxsas, ~Iune 20, 2001 ca~u,ersbur~.MOZOese-scat ~ Certified Mail - Return Receipt Requested Randi S Sweeney 91 Cold Springs Rd Carlisle PA 17013-9109 RE: Loan No. 0022163646 Dear Mortgagor: 1~.ct 91 Notice Take Action to Save Your Home From. Foreclosure La notification en adjunto es de sums importancia, pues afecta su derecho a continuer viviendo en Su case. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos a1 numero mencionada arriba. Puedes ser elegible pare un prestamo por el programa 1lamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salver su case de la perdida del derecho a redimir su hipoteca. DF400-003/C30 ;i)Iip Cnr;mran Itnvn. FnuL!rick, h-10 7'. /It1 Il/9 30tld °OI 3Otl9S 2IOW 34IMNOIStlN S52II3°W0213 EE°LL LO-LL-ontl 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. ,L00'~ ;8595 n1 XN/RS; 55:0? IN3 TOOZ/Li/80 June 20, 2001 Loan No. 0022163646 Page 2 PA Act 91 Homeowner's Name: Property Address: Loan Account No.: Original Lender: Current Lender/Se Randi S Sweeney 91 Cold Springs Ro Carlisle PA 17013 0022163646 CTX Mortgage Co. rvicer: First Nationwide Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YDUR HOME FROM FORECLOSURE'AND HELP YOU MARE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' EMERGENCY MORTGAGB ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY ASSISTANCE; x. IF YOUR DEFAULT HAS BEEN CAUSED BX_CIRCUMSTANCSS BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF XOU MEET OTHER Ed,IGIBILITY 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. DF403-001/C30 LL/L 39tld =QI 39tl9ZZIOW 30IMNOIStlN Z521I3°W0213 EE°LL IO-LL-Jntl ROO~j ~9b59 0~ YY:/RZ) T~b:OT I2[3 TOOL/LT/RO Sune 20, 2001 Loan Np. 0022163646 Page 3 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 .numbers of the designated consumer credit counseling agencies fox 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. APPLICATIONS FOR MORTGAGE ASSISTANCE - Youz 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). Tf 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 completed Homeowners' Emergency Mortgage 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 MU5T 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 50-OR IF YOU DO NOT FOLLOW THE OTHER TIME FERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCB WILL BE DENIED. AGENCY ACTION: Available funds for emergency mortgage assistance are very limited. They will be disbuzsed by the Agency under the eligi- bility criteria established by the Act. The Pennsylvania Housing DF403-001/C30 Il/B 3Jtld =pI 3Jtl9S210W 3QIMNOIZtlN S52II3'W0213 EE°LL L0'LL-ontl 600~j (8b95 ON X2I/%J,] VV~OT I2I3 TOOZ/LT/80 June 20, 2001 Loan No. 0022163646 Page 4 PA Act 91 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. NOTEe IF YOU ARE CURRPs1~7TLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (sf you have filed bankruptcy you can still apply. for Emergency Mortaaae Assistance ) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date) First Nationwide Mortgage Corporation (FNMC) acknowledges that you have . previously filed for protection under the Bankruptcy Code. Accordingly, FNMC is not attempting to impose personal liability against you to collect the debt that has been discharged under bankruptcy. The purpose of this letter is to notify you of the present intent of FNMC to initiate foreclosure proceedings solely against the above-referenced real property used to secure your mortgage loan, should the status of your loan remain delinquent. Any information FNMC obtains fxom you will be used for the purpose of foreclosing on the real property. NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 91 Cold Springs Ro Carlisle PA 17013 IS SERIOUSLY IN DEFAULT because: XOU HAVE NOT MADE YOUR MONTI~LY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 7 Months at $835.69 = 5,849.83 Months at $ _ .00 Months at $ ~ .00 Late Charges 66.86 Bad Check Fees .00 Foreclosure Fees .00 Bankruptcy Fees 890.00 Other Fees 7.00 Less Suspense Balance 471.84 TOTAL AMOUAI'P DIIE 6,341.85 A$ OF THIS DATE DF404-001/C30 it/6 3Otld °OI 30tlOS 210W 34IMNOIStlN S52fI3=W0213 EE'II IO-LS-Ontl OTO@J (SD99 ON F2I/%S) Dfi:OT I~3 IOOZ/LI/RO June 20, 2001 Loan No. 0022163646 Page 5 PA Act 91 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 $ 5,923.69 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (3~0) DAY PERIOD. Payments must be_made either by cash- cashier's check, certified check, or manev Order made payable and sent to: First Nationwide Mortgage Corpozation Dept. 0107 Palatine, IL 60055-0107 IF YOU DO NOT CURE THE DEFAULT - If you d0 not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri hts to accelerate the mortgage debt. This means that the entire outstanding balance of this debt wzll be considered due immediately and you may lose the chance to pay the mortgage in monthly instal],ments. If full payment of the total amount past due is not made within THIRTY {30) DAYS, the lender also intends to instruct its attor- neys to start legal action to foreclose upon your mortgaged Property. 2F THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage .debt. If the lender refers your case to-its attorneys, but you cure the delinquency before, the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees incurred by the lender even if they exceed 550.00. 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)__AAY period, you DF404-001/C30 LI/0L 39Hd =pI 3~H9SaON 3QIMNOIZHN S5aI3'W0~3 bE'IL IO-GI-9ptl ,TTO~ [Rb95 ON R2i/YSa Vfi~OT 3iI3 TOOZ/LT/80 a ~ ~ ,7uxle 20, 2001 Loan No. 0022163646 PA ACt 91 Page 6 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 THE 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 theydefa;lt 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 POSSISLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff"-s Sale of the mortgage property could be held would be approximately 6 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: EFFECT OF THE SHERIFF'S SALE - Xou should realize that the 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, UPON OUR CONSRNT may 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 AEBT. * TO HAVE THIS DEFAULT CURED BX ANY' THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT f~AD 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 MAX HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. DP405-001/C30 II/II 3`Jtld 'OI 30tlJS210W 3aIMNOISHN S52II3°W02I3 b£°II SO-LL-9ntl .t6lllh,7:.w ,