HomeMy WebLinkAbout01-06549
,_~L_
i:.
__ ~ , ~~,"-"."" ",~I--o ,';;;; d,' ~,Y '~'"
"";"'!!lj,{-jjg;J}j"J
,... ~
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
BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000-l C/O COUNTRYWIDE
HOME LOANS INC.
7105 Corporate Drive
PTX B-35
Piano, TX 75024-3632
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVlL ACTION - LAW
Plaintiff
ACTION OF MORTGAGE FORECLOSURE
~ Term
No. 6 i '- t:>S<.fq
GIVll ACTION: MORTGAGE
FORl:CLOSURE
vs.
DUANEE.MCCLINTOCK
Mortgagor(s) and Real Owner(s)
93 Beagle Club Road
Carlisle, P A 17013
Defendant(s)
TIllS 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 ill com1. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice
are served, by entering a written appearance personally orby attorney and filing in writing with the cowt your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you aud ajudgment maybe entered against you by the Cowt without further notice for any money claim in the Complaint of for any othercIaim
or relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFlCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
ClTh1BERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES mc
8 Irvine Row
Carlisle,PA 17013
717-243-9400
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE
USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERvrnO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU
ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRIT A, EL PUNTO DE VISTA DE USTED Y CUALQillER OBffiCCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPAClQN. ENTONCES, LA com PUEDE,
SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE
ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANfES.
LLEVE ESTA DEMANDA A UN ABOGADO IrvIMEDIATEAMENTE.
S\ NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE RBFERENCIA DE ABOGADOS), (2IS) 23%-6300.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES mc
8 Irvine Row
Carlisle, PA 17013
717-243-9400
':l
;;;~'
~~~
-~.....-..I
1
",-'11. '
~~,-~ -;:;..L>' '-", .'"'-" \',.0.:.,."",-\",-, '-g~~;(
~ '
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O
COUNTRYWIDE HOME LOANS INC., 7105 Corporate Drive, PTX B-35 PIano, TX 75024-3632.
2. The name(s) and addressees) ofthe Defendant(s) is/are DUANE E. MCCLINTOCK, 93 Beagle Club
Road, Carlisle, P A 17013, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises
hereinafter described.
3. On January 21,2000 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to AMERICA'S WHOLESALE LENDER, which mortgage is recorded in the
Office of the Recorder of Deeds of Cumberland County as Book 1595 Page 907. The mortgage has not
been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned
mortgage was assigned to:
BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE
HOME LOANS INC. by Assignment of Mortgage, which assignment is lodged for recording. These
documents are matters of public record and are incorporated herein by reference in accordance with
Pennsylvania Rule of Civil Procedure 10 19(9).
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
July 01, 2001, 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 06/01/2001
through 11/30/2001 at 7.8750%
Per Diem interest rate at $18.12
Attorney's Fee at 5.0% of Principal Balance
Late Charges from 07/01/2001 to 11/30/2001
Monthly late charge amount at $30.81
Costs of suit and Title Search
$84,016.53
$3,315.96
$4,200.83
$154.04
Escrow
Monthly Escrow amount $162.76
$750.00
$92,437.36
$0.00
$92,437.36
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 Sheriffs 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) haslhave not had the required face-to-face meeting
Ii
""
~-"
_~_ "~. b'~__~ L _'
,I~
~c-"
,~ ,L;.
~ ~
;';".>.<i. "~Ili.~~~:ri~~;_:i
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$92,437.36, together with
interest at the rate of$18.12, per day and other expenses incurred by the Plaintiff which are properly chargeable
in accordance with the terms of the mortgage, and for the foreclosure and sale ofthe mortgaged premises.
By: GOLD~R~
By: JOSEPH A. GoLDBECK, JR., ESQUIRE
ATTORNEY FOR PLAINTIFF
..
....
.........
...~
1";".,1-
, I
.,. "., ""-,~;,,,,~,,-;,:ilbj',,--" ,~.-",,-,v C""'~--"'l:iUi: --..~<<,
#,
VERIFICATION
I, Michael Vestal, as the representative of the Plaintiff corporation within named do hereby
verifY that I am authorized to and do make this verification on behalf of the Plaintiff corporation and
the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false statements therein are made subject to the penalties of
18 Pa. C.S. 4904 relating to unsworn falsification to authorities.
Date: J f l510 /
i!r!jJD 1Id--a
Countrywide Home Loans
~
"-,,,~
I'i ,,' .,
~"
-"
-
."",,,,,,, =~,~
...
. .
.................
,.....~._~--._'" ....',J.....,......._,.._...~'...."."~__, ... .,,...v.....___.. ............, .........",.~... """'_'t'.._.r~','_'"",.,,,,,,,\,
'jl" "..'_,"""""',..,~ ,,,,., .
ZlI....'.I1-W-..'yOftd. $l.Oftt... ALlot 1_.
.....,It;Ill,J'It., IJod..... ,...
.1"."."
.-...' .,"
". ,'n~;: JfIiIE
. 'Ji' CH~n
:;~ I~.;
aJ1}is ileebi!U6 13
MJlDETHE CJ ,;/!, ""10/ a(.'(.'}1/(.~'~
oj OUI lDrd Ollllll tlttltUtlII4 /lin' hund'l'll Q!gh'tY-Aix. (/
.' 'JI'~;'I y..!' :'..
Ml n rll
in ,hI! ytar
BETWEEN AI1CIlX& S. McCLINTOCK and MARY B. McCLINTOCK, hb wHe, of Wast Pennsboro
'l'oWship, Cumberland County. I'ciMsVlvania. and DUlINlil MeCLI\ll'l'OCK of
R. D. B2. Carlisle, Cumberland County, Pennsylvania, as joint tenants
with the right of survivorship,
Cran/pre I
..J DUANa McCLINTOCK of R. D. 2, Corlisla, Cumbarland County,
Pf!nnsylvania,
C,tlfllt,
IfIJTNESSETII.,.., in <o..iJ.,.,I.. oJ Ons Dollar ($]. CCI-~--._.__.._.-----------------
_________________~_________.----___~_._~__________________________.~____~_nu"Q~,
ill luuul p"iJ. tlae- rrccipr Jlh~ff9/ U h~rt""y udmuwlnlgrd. ,hf!' Jrdd B,olUe" D do
10. th. 14M #tta..'df'1e
h,.,tby gran' dIU! t'O/Ulty
ALL that certain tract of land with the improwINlllts tharo"" eructed, situato in
Middlesex TOwnShip. CUmberland County, P@nnsylvallia. bounded and de.cribed a.
follows I
8~GINNING at a point in tho centor of ~ship ~ad No. 503. at corner of
land now or fomerly of Daniel Snyder, thence by said land. South SO degrees
36 minutes 40 seconds East 161.94 feet to a poi.nt, thencs by land 1I0W or formerlY
of Ral1>h L. Spahr, south 3Q decrees 00 minutes West 85 feet to a point; thence
by land lIow or formerly of Arthur J. llittinger alld Dorothy C. llittinger, his ",ifo,
North ,0 de~roes 36 minutes 40 secollds West 161.94 feet to a point ill the center of
Town~hip RoDd No. 503 GforQ&~idj ~hQn~e by the contQr of said RoaC, North 37 Gcqrees
4 minutes 20 secondc East as foot to the Place of BEGINNING.
BE:t:NG the sama [')MIrnlses which Aroh1c S. McClintock ana Mary 8.
wife, by deed dated July S. ]978 and reeo Off
Deeds of CUmberland County. in Deed Bo X, Vol. n. Pa~
to Arehie S. McClintock and Mary II. MeCl1n co,
Grantors herein.
~ 1.00
M~C1J.nto"", hlo
the Recorder of
1S1 9%,a,nud an4 convayed
d Duane McClintock,
iaaL 32 PA~[ 402
.,.>~
~il_,""O'
II
i
,
I
.
I
)
\
i
,
!.
.'
,
,
I
I
Ie
i
r
f
I
~
,
l.
l
I
t
.~,
,
,
;
)
1
,
f.
,
,
!
,
:
,
,
.
Ie
I-
i
,
I,
;
j
1
!
-
If'''''_. ~
~~
........
~ "" -
.."-' "H"
'. : J" ~ ~.~~
, ,'_" ~_ c',_.',.' c',
',~ "
>i:,
~~"'~~.a4~~ftIDtWp*~_ai.~eWBBm~~F$et~B~eBe~OEeBegmatrl*Bgk~vem
.'
Send Payments to:
P.O. Box ItPYP08)())
ItPYCSTZ))
ItMAILCS>><<MAfLZP))
Send Correspondence to:
PO. Box <<COPO!3X))
<<COCSTZ>>
AUGUST 312001
DUANE E. MCCLINTOCK
93 BEAGLE CLUB RD
CARLISLE PA 17013
EXHIBIT A
Certified Mail No.
Return Receipt Requested
Regular Mail
Countrywide Account # 2680062
Properly Address:
93 BEAGLE CLUB RD
CARLISLE PA 17013
Current Servicer:
Countrywide Home Loans, Inc.
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortaaae on YOUr home is in default. and the lender intends to foreclose.
Soecific'information about the nature of the default is orovided!'in the attached Daaes.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAMlMEMAPl mav be able 10 helD 10 save
YOUr home. This' Notice exDlains how the oroaram works.
To see W HEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30
DAYS OF THE DATE OF THIS ~O~CE. Take this Notice with you when vou:me8t with the CounselinG Auencv.
The names. addresses and ,ohoRe numbers of COnsumer Credit CounselinG',AGencies serVina YOU~__Countv are
listed at the end of this Notice. If YOU have, any auestions. you may call th~_Pe~nsYJvania HOUS:i,na, Finance
AGencv loll-free at 1-300-342'2397. (Persons w~h imoaired hoerin" can call 1-717-780-1889.\
This Notice contains important legal information. If you have any questions, representatives at the Consumer
Credit Counseling Agency may be able to help answer them. You may also want to contact an attomey in your
area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR
VMENOO EN SU CASA. S\ NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION O~TENGA UNA
TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYlVANIA HOUSING FINANCE AGENCY)
SIN CARGOS AL NUMEROMENCIONADO ARRIBA. PUEOE SER ELEGIBLE PARA UN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PEROIOA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE EUGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE
AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 (THE "ACT'1, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
Please write your loan number on all checks and correspondence. 6/2612000
<<MNAME>>
<<ACCTX>>~<<CHKDGT>> <<ADORS>>
<<TOTDUE>> AS OF <<DUEDTE>>
P.O. Box <<PVPOBX>>
<<PYCSTZ>>
<<~ARCDE>>
++QJa:XAN~
.-
I '
.
,-
.~'
" ~,
~b:' ;.;"
'~.
".;;.':;',~"
",""
.~
^' ,
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your
mortgage for thirty-five (35) days from the date of this Notice. During that time you must arrange and attend a ~face-to-
face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT 1351 DAYS, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CALLED "HOW
TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies
listed at the end of this notice, the lender may NOT take action against you for thirty-five (35) days after the date of this
meeting. The names addresses and teleDhone numbers of desianated consumer credit counselina aaencies for the
countv in which 'the Dfooertv is located are set forth at the end of '\his Notice. It is only necessary to schedule one face-to-
face meeting. Advise your lender immediatelv of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this
Notice (see follOWing pages fOf 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 fife a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the
end of this Notice. Only consumer credit counseling agencies have applications for the program and they wfII assist you
in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or
postmarked within thirty-five (35) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE
OTHERTiME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the
Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days
to make a decision after it receives your application. During that time, no foreclosure proceedings wl1l 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: fiF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
NOTICE OF INTENT TO FORECLOSE
YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE.
YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
NATURE OF THE DEFAULT - Countrywide Home Loans, Inc. (hereinafter ~Countrywidej services your home loan.
Your home loan is in serious default because you have not made your required payments. The total amount now
required to reinstate your home loan as of the date of this letter is as follows:
Monthlv Payments: 07/0112001-8/3112001 @ $786.00 1,572.00
Late Charaes:
@$30.82
61.64
other Charaes
Uncollected Late Charges
Uncollected Cost
Partial Balance:
80.28
24.00
.00
$ 1,737.92
TOTAL DUE:
A YMENT INSTRUCTIONS
Please
Make your chec\( payable to Countrywide Home Loans
Write your loan number on your check or money order
Write in any additional anlounts you araincluding. Of
total is more than $5000, please send cartlIied check.)
. Don't attach your check to the payment coupon
.Don'tlncludaoorrespondence
. Don't send cash
ddltJonal amounts. If you don't specify the purpose of add~ional amounts included, we will appty them first to. any outs~nding
yments, escrow deficiencies, late charges andfor fees due. We will then apply an.y re~alning amounls as a pnnClpal reduction. Ii
u submil <3n additional prinCipal payment with your home loan paymerll, Countrywide will first apply your home loan payment, then
eaddilional principal payment. Yourloanmustbecurrent?eforewecanapplyanyprincipalreduclion.
^ ,"
-
...
~~"
c..',
-.,
I
""
'j",,;'" ",,'c. ""'ilr,llii;ji
^'..
--
3.2111 ,. 99,
HOW TO CURE THE DEFAULT- You may cure Ihis defaullwithin THIRTY-FIVE (35) DAYS of the date of this letter. by
paYing to us the above amount of $ 1,737.92, plus any additional monthly payments, late charges, fees and other
applicable charges which may fall due during this period. Such payment must be in the form of certified check, cashier's
check or money order, and made, payable to Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. If your check or
other payment is returned to us for insufficient funds or for any other reason, you will not have cured your default. No
extension of time to cure will be granted due to a returned payment.
If you do not cure this default within THIRTY-FIVE (35) DAYS, we will accelerate the payments due on your home loan.
This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the
chance to payoff your home loan in monthly installments. If the full payment of the amount in default is not made within
THIRTY-FIVE (35) DAYS, we also intend to immediately start a lawsuit I<> foreclose on your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - If the mortgage is foreclosed, the mortgaged property will be sold by
the Sheriff to payoff the rriortgage debt. 'If the default is cured before we begin legal proceedings, Countrywide will be
entitled to collect ,the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are
started, Countrywide will be entitled to conect the reasonable attorney's fees even if they are over $50.00. Any attorney's
fees will be added to the secured debt, which may also include our reasonable costs. If you cure the defaurt within the
THIRTY-FIVE (35) DAY period, you will not be required I<> pay attomey's fees. YOU HAVE THE RIGHT TO
REINSTATE AFTER ACCELERATION AND RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE
NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND
FORECLOSURE.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO FORECLOSURE SALE -If you have not cured the default within the
THIRTY-FIVE (35) DAY period and 'foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the foreclosure sale. You may do so by paying the total amount then
past due, plus any late or other, Charges then-due, reasonable attorney's fees and costs connected with the foreclosure
sale and any other costs conneCted with the foreclosure sale as specified in writing by the lender and by peiformlng any
other requirements under the mortgage. Curing your default in the manner set forth in Ulis notice will restore your
mortgage to Ule same position as if you had never defaulted.
EARLIEST POSSIBLE FORECLOSURE SALE DATE - II is estimated that the ea~iesl date that a foreclosure sale
could be held would be approximately' siX (6) months from the date of this let!:er. A notice of the date of the foreclosure
sale will 'be sent to you before the sale. You may find out at any time exactly what the required payment will be by calling
us at the following number: 80~~~9"'s231. This payment must be in the form of a cashier's check, certified check or
money order and made payable ,to us at the address stated above. If the default is cured, the mortgage will be restored
to the same position as If no default had occurred. However, the defauft may not be cured more than three (3) times in
any calendar 'leaf.
HOW TO CONTACT THE LENDER:
Name of Lender: Countrywide Home Loanss Inc.
Address: P. O. Box 10221 Van Nuys, CA 91410-0221
Phone Number: 81J1l.66f1.5231
Fax Number: 1-805-5n-3432
Contact Person: Christen Roehas MS SV-34
Attention: Loan Counselor
EFFECT OF FORECLOSURE ,SALE - You should reali:z:e that a foreclosure sale will end your ownership of the
mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit
to remove you and your furnishings and other belongings could be started by CountryWide at any time.
ASSUMPTION OF MORTGAGE - Contact Countrywide Home Loans for information on the possible assumability of
your loan.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Pursuant to your home loan documents, and because the home loan is in default, Counbywide may, at its option, enter
upon and conduct an inspection of the property. The purpose of this inspection is to observe 'the'physica' condition of the
property, to verify that the 'property is occupied andfor to determine the Identity of the occupant. The cost of any such
inspection will be added to and become part of the secured debt as provided under the terms of the home loan
documents.
,,,,,,,-,'
"
"
t_~";"" :
;',.i~""",1
"v'-irlifi
;'-"~;';=~~I&;ii
p
.
If you are unable to cure your default on or before 9/0512001 Countrywide wants you to be aware of various options that
may be available to you through Countrywide to prevent a foreclosure sale of your property. For example:
. ReD8vrnent Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide.
Our basic plan requires that Countrywide receive, up front, at least % of the amount necessary to brIng the account
current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined
perIod of time. Other repayment plans also are available.
. Loan Modification: Alternatively, it is possible that the regular monthly payments can be lowered through a
modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan
balance. This foreclosure alternative, however, is limited to certain loan types.
. Sale of Your ProDertv: Alternatively, if you are willing to sen your home in order to avoid foreclosure, it is possible that
the sale of your home can be approved through Countrywide even if your home is worth less than what is owed on it.
. Deed-in-Lieu: Alternatively, if your property is free from other liens or encumbrances, and if the default is due to a
serious financial hardship which is beyond your control, you may be eligible to deed your property direcUy to the
Noteholder and avoid the foreclosure sale.
If you are interested in discussing foreclosure alternatives with Countrywide, you must contact us immediately. If you
request assistance, Countrywide will determine, in its sole discretion, Whether such assistance will be extended to you. In
the meantime, Countrywide will pursue aU of its rights and remedies under the home loan documents and as permitted by
law, unless it agrees otherwise in writing. Please be advised that failure to bring the home loan current or to enter into a
written agreement as outlined above will result in the acceleration of the debt.
Time is of the essence. Should you have any questions concerning this notice, please contact Countrywide's office
immediately at 800-669-5231, extension 7149.
~ iE'~
Christen Rocha
Loan Counselor
800-669-5231, Extension 7149
Please be advised that this communication is from a debt collector.
~~)~~~j<cl!~~i;1~l~lWW.j;,...~W';J'i~"",,,;g,(""'-I''- "",';"'f";;''''A",j-<~~ii@.ij.:'?B#~;il\Hf:g::it~''~~il~!lli1f.';!);I~~;Wj~W" "-'.,,,,,~;';""'~<.:
'<J.-"---'
"' "". '''''''''''':
.~
0 0 C~
C --I;
~ S- ~-
t .<r.....
"'OGJ 0 ---if:;;""
~ g!r' "'-C:
:J,I 1'.) 0\'7\
~ ZC;,o __:_,;,=;1
Cf1~. C :_;;~~
,~ \ ~ ~ ~f) ~ -~~ '-q
~C' -;..- ~;;~}~
C> :2' ~.
--
.... _0 -
.".~ ""
- L.
.j::: ~ ~.
t:"' :D
1:>0 \lil (.;l -<
~ ~ ~ ~
~ ~
p p ~
~~IJ~~ _ ~n", _
~ ">__,'~"=.,.," ".__:>___""", ~~ __>e,,,,,",_
" ~ " ~- .. ~-
"~,"~".~~,
- ~ n.llilllli!."'
(".....,"'" &'~'.~-'"'' ",.
~~L"",..l;
.oJ ~.'
lIH"~'~"'....o~
~~~~lf.,.;",;
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06549 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK ONE NATIONAL ASSOC ETC
VS
MCCLINTOCK DUANE E
JASON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania! who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
MCCLINTOCK DUANE E
the
DEFENDANT
, at 1450:00 HOURS, on the 30th day of November, 2001
at 93 BEAGLE CLUB ROAD
CARLISLE, PA 17013
by handing to
DUANE MCCLINTOCK
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
SUI'charge
So Answers:
18.00
3.25
.00
10.00
.00
31. 25
r'~r/~~
R. Thomas Kline
12/03/2001
GOLDBECK MCCAFFERTY MCKEEVER
me this j7,te
.
day of
Sworn and Subscribed to before By:
~ ';/QO! A.D.
~ '
,. O. fn,d" ,~.
P othonotary ~
.'"
..f-; "_-0.
."
'-.,
~
Oc
IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY
-'BANK ONE NATIONAL ASSOCIATION
AS TRUSTEE PNC MT2000-1
C/O COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive, PTX B-35
PIano, TX 75024-3632
Plaintiff
No. 01-6549
Vs.
DUANE E. MCCLINTOCK
(Mortgagors and Record Owner)
93 Beagle Club Road
Carlisle, PA 17013
Defendant
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 DUANE E. MCCLINTOCK Defendant(s) for failure to
file an Answer to Plaintiff's Complaint within 20 days (or 60 days if defendant is the United States of America) from the
date of service of the complain and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as
follows:
As set forth in Complaint
Interest - 12/1/01 to 2111/02
Late Charges
Escrow Debit
TOTAL
$92,437.36
$ 1,322.76
$ 61.62
$ 325.52
$94,147.26.
I hereby certifY that (I) 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.
AND NOW
BANK ONE NATIONAL ASSOCIATI
and against DUANE E. MCCLINTOC
per the above certification.
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
._' ~&"JJ ' Judgment is entered in favor of
AS T USTEE. MT2 -Tc/O COUNTRYWIDE HOME LOANS INC.
Y default for want of an Answer and damages assessed in the sum of$94,147.26 as
~/ALL ~
rothonota
~~~~~j,~r~;t},t~~".t{@;i.:-illt,-[M'J1",,~il,'i,o;.:'L'J,,~"';(J0.f)'~"'f;\\,~~~~~~~ ~~< ,~.
~
t,
m",~,';!'"".="..~.L, ,"",~
,,""""""'''.''''''',~,
-, -",>,,".'.. - .-'-'""""~,,,~,,'."'""''''~'''''''-'''',.'~",-
"',.
~", --,,,~,~
UIlIliji
,.""'''''''''~"
.,
~, ~. -~,^-~', ,~.
~~"'''''''''''l
()
c-
o'"
928~
&3i';~
<"
i~
p~~)
c:::
2-
~
~
c'.)
. ~- .,~.~
""""',
I
.'
\...()
-
~~
_.ci#
~
",..1
~~~
-<
~~ "
~~,
,~
" ~
." ',.
'~ ~n
'..JlltifJt, "~'-" , . ,', """-.~ ^" -,-, ,,,,--;. "r-"--'F~~-:':!
-
"
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 TillS NOTICE: January 8, 2002
TO:
DUANE E. MCCLINTOCK
93 Beagle Club Road
Carlisle. PA 17013
BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC
MT2000-1 CIO COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive
PTX B-35
Piano, TX 75024-3632
In the Court of
Common Pleas
of Cumberland County
Plaintiff
CIVIL ACTION - LAW
vs.
DUANE E. MCCLINTOCK
(Mortgagor(s) and
Record Owner( s))
93 Beagle Club Road
Carlisle, P A 17013
Action of
Mortgage Foreclosure
Term
No. 01-6549
Defendant(s)
TO: DUANE E. MCCLINTOCK
93 Beagle Club Road
Carlisle, PA ]70]3
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING Willi THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORlli AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WIlliOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OlliER IMPORTANT RIGHTS. YOU SHOULD
TAKE lliIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN
GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Aven\le
(arlisle,PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle,PAl7013
717-243-'.1400
cCAFFER EVER
B . seph A. Go]dbeck, Jr.. Esq.
Attorney for Plaintiff
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelpbi',PA 19106 2]5-627-1322
.
"
t'I.., ,
.
;dL
" c '- -'--~" \:-"'-'--:-~"',-,~ ' j',:';.----~,- .-.-_,-<... ""'~;J;
~.
<,
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
st~tements therein are made subject to penalties of 18 Pa. C.S.
4904 relating to unsworn falsification to authorities.
1. That the above named Defendant, DUANE E. MCCLINTOCK,
is about unknown years of age, that Defendant's last known
residence is 93 Beagle Club 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: February 11, 2002
M:Hi'
-~~_lIWll
j!_~~~r~~1~ilu}:i;iifiJ!l;'ii'~JiI;lipM"M,im1i>~tM~'lW",,,;,~.1;;;<""",''''wj@l.j;,~._
In,,,--"'''''
~~ "'=-..~
""~"mf
- . I
-
.'
-
"& ~ \:) ~ r)
(~~.
Cd ~~ ~ :"_.:.,~ ".~'1
J;:" "'C c.
~ IT~ r--:-~
r 2:~3_
......... [~~~:: <.0
?-J ~ ~;t.: ..
~~ !:J
?U ~ ';'--, ~..oL.
~ "--" l , ,11
~ 'c :.,,;;
~ 5c: .'
"7' c-
~~
=< t: --.
$ 1_
P
3'
R
~ $>
~ J\
--,~- ~,-~
- ~.~ ."
-,
I.
.;,- . -'-..!""",~.; ;"'-\:' ~- '-" , - '':'--, - --;1lit~~,
"
P~CIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
BANK ONE NATIONAL ASSOCIATION
AS TRUSTEE PNC MT2000-1 C/O
COUNTRYWIDE HOME LOANS INC.
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO: 01-6549
Va.
: PRAECIPE FOR WRIT OF EXECUTION
(MORTGAGE FORECLOSURE)
DUANE E. MCCLINTOCK
Defendant
TO THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest from 2/11/02 to sale
date at $15.47 per diem
Total
$94,147.26
Plus Costs
ldbeck, Jr.
te 500- e Bourse Bldg.
lIS. Independence Mall East
Philadelphia, PA 19106
Attorney for Plaintiff _ /
Note: Please attach description of property.
'_~4i:.~~.~~k'\<'il~,,*.ollbgB<EJ@@;itti4"'-"1&i,)t&$~!ii'~:;f<EJ/i~,,~~.j,~,~_Oc"j;t:@~_.~lUlib1L!l -'ih~' '-.~~( - -~Op,..,~
en ,-
-:I r:.-
:-::::
("""j :::J
(-..~
O~
~""-
~
c:n >-
UJ
1::2:
L'_ i ;~~
L: :
u_
~-i
C)
..-I
I
0
0
0
N
~
~
"" ocC p, .
0 H I1iI ~
ell ~ I1iI H
. i:5 Eo!
Q ..:I ell ell
. ..:I :>< iil ~ l<:
.0: p, rn U
~ Eo! 0 0
0 :<; ..:I ~
0 ~ I1iI rn
0 p, ocC I1iI H
N :<; g ..:I
0 - U
- U ~ 0 . ~
0\ H IIJ
"" "" Eo! I1iI >
III 0 ocC Q .
'" 0 H H I1iI
I Eo! U U ~
..-I 8 ~ 0 I1iI
0 rn I>: S
rn ~
. U ocC
~ Q
I1iI I>: ..:I
:.: I1iI ~ U
Eo! ~
:<; 0 0
H.......
H Eo! U
~
!!1
0
~
I:Q
-
J __, ,_," 'u
-::::,{,
j l1-- It: \i
~~~~
G- ~ -1J czk
~~~~
~ . \G
IA~ ~.~.~, ~
':...) ;r:,~~~
~ "v~, Rl
'Z,
~
. ~~
~ ~
I1iI IIJ
o
""..-I
o 0
Gl
Eo! I<
H 0
~""
Gl
I>: tll
o I1l
"" tll
....
I1iI I<
~:i!
u~
I1iI
;:!
p,
'f'A
..
'"d
Q)
.--l
-.-I
""
d
--1
.--J
~~
l<:'tl
gl1l""
Eo! 0..-1
:<;1>:0
HoOt'-
0;:1..-1
u..-IocC
:sUp,
Gl
'..-1 -
I1iI tll~
I1iI I1l IIJ
~~;1
P""I<
QO\~
'tl
~
......."
-~
~\b
({j..~
~
~-:t:t
O<.:;f
'tl
Q)
~
Q)
<Jl
Q)
..Q
><
~
<Jl
H
Q)
P<
ltS
P<
Q)
H
Q)
..c:
:s:
- -~
.,
~
-1.,-",- ,-',,,,,~'~.,:, -, ~ - - "'-""""--;"-''';''-''~'-~' '.--~;-A-l~:'~i
<3
.
Jospeh A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 500 - The Bourse Bldg.
ill S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000-1
Clo COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive, PTX B-35
Plano, TX 75024-3632
IN THE COURT OF COMMON PLEAS
of Cumberland County
Plaintiff
CIVIL ACTION - LAW
Vs.
ACTION OF MORTGAGE FORECLOSURE
DUANE E. MCCLINTOCK
(Mortgagorand Record Owner)
93 Beagle Club Road
Carlisle, PA 17013
TERM NO. 01-6549
Defendant
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.
i~~~!i1!~lfr.,ij;j;!fu1"V\I,iM;~~~gy'l;l~4~i':ri:j<w1tll~"'.f*",-"j;'1~i~"""ili'i~,~"';i;..:,",,,it##;,,,,~'~_~~~~i!laJbjJ[jfU.mlJilil!i!lilililgj!WL~ ,-- r
~..,""rJ"-""~~"=" =_
*~~~~~~~~ ~"_,~ ,,_, ,,,~""'"c,,,,,r-".~ "_,,~,,, ,,,~ < .".
,~" ~,,~ ~,__~,_, h.
c"
c
.>
c-
.:--.
$~5Y-
0:(:-:
f'':::''-'':_'
~l:/
--~
~~;"Q
<::.\ "
-- ~~
<:
~~
""
-,,~=.p-~~
llllli
~ ..
._"
::'1
-~'::/
-
'.0
::;::
---
,';';
(~tt/::"')-
.;
-~'
<,
::;J
,
....J
'.
L-
0-,
"'............
~~
-
,~ "
~
. I .,.,~''''-, "
,-,,,., _"v,-_~",,,,,,_,_,_,-_ .y "f':'-i:f,)!
"
""
15,
c
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Atturney LD.#16132
suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000-1
C/O COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive, PTX B-35
PIano, TX 75024~3632
Plaintiff
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
Vs.
ACTION OF MORTGAGE FORECLOSURE
DUANE E. MCCLINTOCK
(Mortgagor and Record Owner)
93 Beagle Club Road
Carlisle, PA 17013
Defendant
Term No. 01-6549
AFFIDAVIT PURSUANT TO RULE 3129
BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME
LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck,
Jr./ Esquire, sets forth as of the date the praecipe for the writ of execution was
filed the following information concerning the real property located at:
93 Beagle Club Road, Carlisle, PA 17013
I.Name and address of Owner(s) or Reputed Owner(s):
DUANE E. MCCLINTOCK
93 Beagle Club Road, Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
DUANE E. MCCLINTOCK
93 Beagle Club 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
1'1
, "1..0,.
I. ,~ .~ ;~' ,,~.. '-"'_
,.t~
..
.,
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: February 11, 2002
Y & McKEEVER
dbeck, Jr., Esq.
intiff
;.;:o,l;;';i1;;18~,;;,-a-,;:~1l\.';J";i:s.1.'"'i._,t;'~!II,'h~'J:j,,,iJ,.""i,l'~~'0;,."it;c,,~t~j(:'->"J~l'""'_~']"~c\."-;;'~'i\;~iMiE:~iii~JIil~H~Iii" :lli~-iII__t
4~~,__~__~,.~_.."
~~,~,.' ""'.'".<>>. [O~.,..,"" ~,_~,=,,~,_, ~.<,
- ~." -,- '."
,~
,," -~
0 \_,,1
C r"-)
-or.::. --....n
:1
fTl(i' -~,J
-,7-,--
zc" \D
~:,
,-- C." -0
~,~-
d:--::' c: -- c ,
?- ()
5> (",.) ~..:)
c ~~
:::: r-
-;l
-- (..11 -<
......11
..r
~~. ~"
~
.
,,-.~
.'
. '
~- ~I.....,
-" ;.
',;.' -,- -:-. ~""~\j:
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney LD.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, P A 19106
215-627-1322
Attorney for Plaintiff
BANK ONE NATIONAL ASSOCIATION
AS TRUSTEE PNC MT2000-1 IN THE COURT OF COMMON PLEAS
C/O COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive, PTX B-35 of Cumberland County
PIano, TX 75024-3632
Plaintiff CIVIL ACTION - LAW
Vs.
ACTION OF MORTGAGE FORECLOSURE
DUANE E. MCCLINTOCK
(Mortgagor and Record Owner)
93 Beagle Club Road
Carlisle, P A 17013
Term No. 01-6549
Defendant
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: MCCLINTOCK. DUANE E.
DUANE E. MCCLINTOCK
93 Beagle Club Road
Carlisle, P A 17013
Your house ~t 93 Beagle Club Road, Carlisle, P A 17013 is scheduled to be sold at Sheriffs Sale
on Wednesday, June 05, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce
the court judgment of $94, 147.26 obtained by BANK ONE NATIONAL ASSOCIATION AS TRUSTEE
PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC. against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay to BANK ONE NA TrONAL ASSOCIATION AS
TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC., the back payments, late
charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment. if
the jndgment 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.
:;";l<< &...
... ..
"~ ~
I,.
~~; J..~,~
"
--
~, Cd,,'.'
. ~~-~
, "l.(,(,j(i\Ii'mtb%,
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 of717-240-6390.
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 ifthe 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
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
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) 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
Carlisle, P A 17013
LEGAL SERVICES INe
8 Irvine Row
Carlisle. PA 17013
-
,,~, ,.
I.',,"
I"
, c.-" "0--0.'0.:;.0' ,0,.",,';' '., '-'~"'-/;';~L;;.~:'
0.-"/
ALL that certain tract of land with the improvements thereon erected, situate in
Middlesex Township, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a point in the center of Township Road No. 503, at corner ofland now
or formerly of Daniel Snyder; thence by said land, South 50 degrees 36 minutes 40
seconds East 161.94 feet to a point; thence by land now or formerly of Ralph L. Spahr,
South 38 degrees 00 minutes West 85 feet to a point; thence by land now or formerly of
Arthur J. Bittinger and Dorothy C. Bittinger, his wife, North 50 degrees 36 minutes 40
seconds West 161.94 feet to a point in the center of Township Road No. 503 aforesaid;
thence by the center of said Road, North 37 degrees 4 minutes 20 seconds East 85 feet to
the place of BEGINNING.
BEING the same premises which Archie S. McClintock and Mary B. McClintock, his
wife, by deed dated July 5, 1978 and recorded in the Office ofthe Recorder of Deeds of
Cumberland County, in Deed Book x, Vol. 27 Page 151, granted and conveyed to Archie
S. McClintock and Mary B. McClintock, his wife and Duane McClintock, Grantors
herein.
Tax Parcel #21-05-429-28
Being known as 93 Beagle Club Road, Carlisle, P A 17013
,""""""">600
~~,
~~-
~'.
Bank One National Association
Trustee PNC MT2000-l c/o Countrywide
Home Loans, Inc.
VS
Duane E. McClintock
'" ~
u' .:; 1 ~ <
~"'. ~ "-
1...1,...."", ~',. '. J ~," '..-
.~ ttiLl;jLu:
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001 ~6549 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Joseph Goldbeck.
Sheriff s Costs:
Docketing
Surcharge
Posting Handbills
Law Library
Prothonotary
Share of Bills
Mileage
Levy
Out of County
Dauphin County
Advertising
Certified Mail
Poundage
Law Journal
Patriot News
30.00
20.00
15.00
.50
1.00
25.20
9.66
15.00
15.00
2.63
$133.99 Paid by attorney
4-17-02
Sworn and subscribed to before me
This 17"- day of (}J:P
2002, A.D. Gr, () h.J~ ittfltdi
Prothonotary
SOAnS~
~ --t:.~~
R. Thomas Kline, Sheriff
BY0h~ ~
Real Estate Deputy
~ I
I. ,~3I..j/.;
J'
f~. /2vJ-I'
.~
..
-,II ",
'"0"
.~L~ ~ ,~., c '.:l
J;'_ ~"c
~:J!r' " ;.~>.~{::t
(
I
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000-1
C/O COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive, PTX B-35
PIano, TX 75024-3632
Plaintiff
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
Vs.
ACTION OF MORTGAGE FORECLOSURE
DUANE E. MCCLINTOCK
(Mortgagor and Record Owner)
93 Beagle Club Road
Carlisle, PA 17013
Defendant
Term No. 01-6549
AFFIDAVIT PURSUANT TO RULE 3129
BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME
LOANS INC., plaintiff in the above action, by its attorney, Joseph A. Goldbeck,
Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was
filed the following information concerning the real property located at:
93 Beagle Club Road, Carlisle, PA 17013
1.Name and address of Owner(s) or Reputed Owner(s):
DUANE E. MCCLINTOCK
93 Beagle Club Road, Carlisle, PA 17013
o
~:.~
<~
"
DUANE E. MCCLINTOCK
93 Beagle Club Road, Carlisle, PA 17013
-oj'CS
rnf:
;2: :T~
7;--
~~-
kL
, ~p)
J udgIile@
~
-<
UJ
2. Name and address of Defendant(s) in the judgment:
-0
3. Name and last known address of every judgment creditor whose
record lien on the property to be sold:
is:';B.
1.-:-
(T\
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
. '5<1
.'.
~ '"~~~M "
."~ ,_L ,.
L__
.,' ~4""""~'-" "'-1 "'-ui:ii
r
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: February 11, 2002
Y & McKEEVER
dbeck, Jr., Esq.
intiff
-~
.,
H ~ ' ,_
I~w-- -.
,- (< -../,~ - ~,~ *'.
~:
,
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
I I I S. Independence Mall East
Philadelphia, PAl 9 106
215-627-1322
Attorney for Plaintiff
BANK ONE NATIONAL ASSOCIATION
AS TRUSTEE PNC MT2000-1 IN THE COURT OF COMMON PLEAS
C/O COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive, PTX B-35 of Cumberland County
Piano, TX 75024-3632
Plaintiff CIVIL ACTION - LAW
Vs.
ACTION OF MORTGAGE FORECLOSURE
DUANE E. MCCLINTOCK
(Mortgagor and Record Owner)
93 Beagle Club Road
Carlisle, PA 17013
Term No. 01-6549
Defendant
TillS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. TillS 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: MCCLINTOCK, DUANE E.
DUANE E. MCCLINTOCK
93 Beagle Club Road
Carlisle, PA 17013
Your house at 93 Beagle Club Road, Carlisle, PAl 7013 is scheduled to be sold at Sheriffs Sale
on Wednesday, June 05, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce
the court judgment of $94,147.26 obtained by BANK ONE NATIONAL ASSOCIATION AS TRUSTEE
PNC MT2000- I ClO COUNTRYWIDE HOME LOANS INC. against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT TillS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
I. The sale will be canceIled if you pay to BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000- I C/O COUNTRYWIDE HOME LOANS INC., the back payments, late
charges, costs and reasonable attorney's fees due. To find ont how much you must pay caIl: 2 I 5-627-1322
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if
the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
~
,-, "'
,..-iL.'A,
-, ~ ,~-",k'. .,-~.o",-,-"v'ti:ii'-,~",,",-.i:"l'"-:~'~~~i:
.
(
You may ueed 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.
I. If the Sheriff's 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 001 7-240-6390.
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 001 7-240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will bemed by the Sheriff thirty (30) days from the date of the
Sheriff's 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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
, ~ ,-,o~,._~ ~,
. ,
-
_,J', '\.',
'0". ~'"'' ,'-"F -~ . '-'''. """-' ---"~'"i
ALL that certain tract of land with the improvements thereon erected, situate in
Middlesex Township, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a point in the center of Township Road No. 503, at corner ofland now
or formerly. of Daniel Snyder; thence by said land, South 50 degrees 36 minutes 40
seconds East 161.94 feet to a point; thence by land now or formerly of Ralph 1. Spahr,
South 38 degrees 00 minutes West 85 feet to a point; thence by land now or formerly of
Arthur J. Bittinger and Dorothy C. Bittinger, his wife, North 50 degrees 36 minutes 40
seconds West 161.94 feet to a point in the center of Township Road No. 503 aforesaid;
thence by the center of said Road, North 37 degrees 4 minutes 20 seconds East 85 feet to
the place of BEGINNING.
BEING the same premises which Archie S. McClintock and Mary B. McClintock, his
wife, by deed dated July 5, 1978 and recorded in the Office of the Recorder of Deeds of
Cumberland County, in Deed Book x, Vol. 27 Page 151, granted and conveyed to Archie
S, McClintock and Mary B. McClintock, his wife and Duane McClintock, Grantors
herein.
Tax Parcel #21-05-429-28
Being known as 93 Beagle Club Road, Carlisle, P A 17013
<!b~"
. ~~~=~
--..1 ,
-
L,.,
~ _.~ d _~~".
,,,I~ll~ .'''-
. ~-1 -" -. ~-..~- _-'~ii1'.h'~
. . .
WRIT OF EXECUTION and/or ATTACHMENT
,
COMMONWEALTH OF PENNSYL VANTA)
COUNTY OF CUMBERLAND)
NO 01-6549 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BANK ONE NATIONAL ASSOCIATION Plaintiff (s)
From DUANE E MCCLINTOCK, 93 BEAGLE CLUB ROAD, CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTACHED LEGAL
DISCRlPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(2) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $94,147.26
Interest 12/1/01 TO 2/11/02
L.L. .50
Atty's Comm %
Atty Paid $103.25'
Plaintiff Paid
Date: FEBRUARY 19, 2002
Due Prothy $1.00
Other Costs
CURTIS R. LONG
REQUESTING PARTY:
Name JOSEPH A. GOLDBECK, JR.
Address: SillTE 500-THE BOURSE BLDG.
111 S INDEPENDENCE MALL EAST
PHILADELPHIA, PA 19106
Attorney for: PLAINTIFF
Telephone: 215-627-1322
Supreme Court ill No. 16132
Prothonotary, Civil Division
BJJ~Ul~
.
',,,,"'.,
,,<,',C' ';k".j";(!.'N"i!i!!!",j"%!<iJH1i1lJll&"*!I')<<i~.,,:;'...jift,1M'-,l#"'dJ,'L'i,;t1,,,\->*mtjill:>-t~&!:fiil!l!iii~#"~j~"~~-~1tiiJ
REAL ESTATE SALE No. 24
On February 222002, the sherifflevied upon the
defendant's interest in the real property situated in
Middlesex Township, Cumberland County, P A,
known and numbered as 93 Beagle Club Road, Carlisle
and more fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
Date: February 22, 2002
By: J 6 d.y JwUlh
Real Estate Deputy
't
. (, \\ ,~'j d
c\ \ .,,',<
\w'IJ f;. \ r ,. \: '\
,~ \"',">" - .. ,
1.)1 ~1 ~
.., \\,\ t;t t.
L\j\ 1'''-''
"},:~,,t~~\L C -
,,\,,1\1..
':I;l-
,r\':>
',,:1".' ,~
"_ l-\~V
'I ..'!,...
-:\: ...
~~,_,~"or,'''->'"
. ~_~~, ~ """~'__' __~, ~r ,~.~. "." __." ~,~
,~ ~ .-, -~~--, ,~," ,"~,"'..
1IIItle~
'. ,
(7'-J
c:;;;]
CViJ
&::::::3
~
GViJ
,"--~
~, "~~_.......
"
...w
lilli' ~~ ~ ~~~~.
.~ M~ ~
_. r=
"
. !l_ti@li~~l;;,,\~*>j:
.
I
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P 3180-3183
Joseph A. Goldbeck. Jr.
Attorney LD.#16132
Suite'5000 - Mellon Independence Center
70 I Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000-1 CIO COUNTRYWIDE
HOME LOANS INC.
7 I 05 Corporate Drive
PTX B-35
PIano, TX 75024-3632
IN THE COURT OF COMMON PLEAS
of Cumberland County
Plaintiff
CIVIL ACTION - LAW
vs.
ACTION OF MORTGAGE FORECLOSURE
DUANE E. MCCLINTOCK
Mortgagor(s) and Record Owner(s)
93' Beagle Club Road
Carlisle, P A 17013
No. 01-6549
Defendant( s)
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter:
Amount Due
$94,147.26
Interest from
0610112001 to
0211112002 at
7.8750%
(Costs to be added)
ERTY & McKEEVER
ck, If.
j_fM1'i~_Ml~'1'oir!~M""iE.'j;;'8';,""~9Z""'lim~",l'ililJ!oid!il\""!"i-J;"~'-"-""""i"':;';-;'" "'l!*:,_";,,,~~,;;..l@,i<i~~rM-i~II~~~;;.f !ibjlll",,'n&~litiiti" 1['-
.(
90\
,
" ....",\ "-
- ~\:'1 ~
:g '-I.' ~
r~ -1:;\ g,
~
'-.. '"
-J:: '"
(, ~ (,., .~
..' "
~ "" ~ is
'" '"
\\S.'J
'11
-
-
- ,
- ,. " "''','',,-'-''~
.,~~ ,~- "-""~ ,,,. ,,, -,^ - -~
~ ~
"-
-I:
...c
....,
..0
-c:
"
"'l
i
~
;'l:::,
~
$
~
'<\
"-
~
S
lINi,
.,
.
,
0 0 10
c W
? -n
~~t~ ;;p-.:
D ,-
..-::::: :"~'1 'l
I~:'
2~i . N _:~~1t9
(/J~;:' .t:.~
----_..,,- 1
~;:c ;0. ::::jC)
:'.1: ::I!
:::E .-', "
9 -::~~:o
'" -~ om
~ ~i --I
--4 .:.,.:) "..
_~s ...../ JJ
-<
'"
<
r.1
s:
Z
o
::.:
o,::':
;;1;0
fj"?U
",-~
f-<OO
~~
o
U
r.1
==
f-<
i!::i
UlU
Ul1!5
f-<",
~~
f-<O
",....l
<Ul
~~
-::r:
~Ul
~~
lZl~
<f-<
~6
ZO
OU
-0
~~
z::;
~g
o~
~~
Pl~
~
~
~
~
~
'1:;'
tj ~
co"g",
f-< 0_
z'E~o
::5g..c~
()~.E!<
() U~
~]..!l ","
. i:od OIJ_
~ -- ~ .~
~~Pl1i
7:i 51'" u
--",o,
~~
o
6
z
o
~
U
~ ~
r.1 ..
~.$
o l:
f-< is
~:
~t:
~ 0
r.1
e=
U
~
Il<
-
. ,
...'~ '
~M""~.
~~
~';::J
8 .~
.0 -
""~
- ...
c3~
.>,
< E
il 0
~~
...,
~
... ~
~ '"
"U '"
"'", '"
::<Ii:! >n
<L> '" _
~"Ot)-o
~5~:=:~
>. fr in 0'1 ("<j
...""'0 ............
... d -0 <r: I
~~";:'::~l.--
~ 8 a m~~
u",;:;::.", >n
~o ,.J;;i......
::':;:;::8~'"
~ I t-"'lj
<L> '"
~g ]
::g;;; ~
8.~
"
lZl
o
c
v0
rr.! '
". "J'
:z ,."
(f) ,
-".",-
c:~=
~-f:--::
)>r
~',
.'
":..,]
-:'
. =- ~""'''''h,~_#H:-,
""
o
, .,
..~
o
-c]
'-"-
i:=> ~n
- \:.:.:.-
, ,;-:-1
''0/,.,r?
~/J ~~
.--, _.:5,n
';;' _...1
10'
C0 '.D
0" ......:.:
p
. ~
I~......-.kw
- '-~'--i,;;"i-
".- ; ", ,I,..,
"
,
,
ALL that certain tract ofland with the improvements thereon erected, situate in
Middlesex Township, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a point in the center of Township Road No. 503, at corner ofland now
or formerly of Daniel Snyder; thence by said land, South 50 degrees 36 minutes 40
seconds East 161.94 feet to a point; thence by land now or formerly of Ralph 1. Spahr,
South 38 degrees 00 minutes West 85 feet to a point; thence by land now or formerly of
Arthur J. Bittinger and Dorothy C. Bittinger, his wife, North 50 degrees 36 minutes 40
seconds West 161.94 feet to a point in the center of Township Road No. 503 aforesaid;
thence by the center of said Road, North 37 degrees 4 minutes 20 seconds East 85 feet to
the place of BEGINNING.
BEING the same premises which Archie S. McClintock and Mary B. McClintock, his
wife, by deed dated July 5, 1978 and recorded in the Office of the Recorder of Deeds of
Cumberland County, in Deed Book x, Vol. 27 Page 151, granted and conveyed to Archie
S. McClintock and Mary B. McClintock, his wife and Duane McClintock, Grantors
herein.
Tax Parcel #21-05-429-28
Being known as 93 Beagle Club Road, Carlisle, P A 17013
'" ,-> -~ j['i'l0;:li
.
iIYf
'"""'" .
~ "' ~~"
~~i. '_c..
..........,;'
_1-
SHORT DESCRIPTION
IMPROVEMENTS consist of a residential dwelling.
BEING PREMISES: 93 Beagle Club Road
Carlisle, PA 17013 93 Beagle Club Road
Carlisle, PA 17013
SOLD as the property of DUANE E. MCCLINTOCK
TAX PARCEL #
-k"
""
~-, -,- ,
, , ;ill:ii?~~_ljiQii>
<;e,
~_r.;....~"",.
I<<,""""._.~, ~ _.-.....,
I. ~ i -~
- .. ~j ~<
- ~" .llI" .:....
:di.-'
. ,--,or ll7~~~-:ijhdl!i6
WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NOOI-6549 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BANK ONE NATlONAL ASSOCIA TlON AS TRUSTEE
PNC MT2000-1 CIO COUNTRYWIDE HOME LOANS INC 7105 CORPORATE DRIVE PTX B-
35 PLANO TX 75024-3632 Plaintiff (s)
From DUANE E MCCLINTOCK 93 BEAGLE CLUB ROAD, CARLISLE, PA.17013
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issned; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied npon an subject to attachment is found in the possession
of anyone other than a named garnishee, yon are directed to notify himlher that helshe has been added as a
garnishee and is enjoined as above stated.
Amount Due$ 94,147.26 L.L.
Interest 6/01101 TO 2/11102 AT 7.8750%
Atty's Comm
%
Dne Prothy $1.00
Atty Paid $ 249.74
Plaintiff Paid
Date: NOVEMBER 24,2003
Other Costs
CURTlS R. LONG
(Seal)
Prothonotary
By: C)''f.l. {2 '!vult".;
Depnty
REQUESTING PARTY:
Name JOSEPH A GOLDBECK JR
Address: SUITE 5000-MELLON INDEPENDENCE CENTER
701 MARKET STREET PHILADELPIDA PA 19106-1532
Attorney for: PLFF
Telephone: (215) 627-1322
Supreme Court ID No. 16132
~-
.. '.'
L"'
"~ t_'jil)j~~",_,
< ~ USBC PAM - LIVE - V2.2 - Docket Report
Page I 00
.
;.
CREDS, CLAIMS, 341Held, PlnCnfrmd
u.s. Bankruptcy Court
Middle District of Pennsylvania (Harrisburg)
Bankruptcy Petition #: 1:02-bk-01851-MDF
Assigned to: Mary D France
Chapter 13
Voluntary
Asset
Date Filed: 04/05/2002
Duane E McClintock
93 BEAGLE CLUB ROAD
CARLISLE, P A 17013
SSN: 210-40-1981
Debtor
represented by James M Bach
352 SOUTH
SPORTING HILL
ROAD
MECHANICSBURG,
PA 17050
717737-2033
Charles J. Dehart, ill
P.O. BOX410
HUMMELSTOWN, P A 17036
717 566-6097
Trustee
United States Trustee
PO Box 969
Harrisburg, PA 17108
717-221-4515
Asst. U.S. Trustee
Filing Date # Docket Text
04/05/2002 1 VOLUNTARY PETITION under Chapter 13, Matrix, all Schedules
& Statements, Plan and Summary, [DP], ORIGINAL NIBS
DOCKET ENTRY #1 (Entered: 04/05/2002)
04/05/2002 2 MOTION FOR ORDER TO PAY TRUSTEE WITH CONSENT OF
DEBTOR [Disposed], [DS], ORIGINAL NIBS DOCKET ENTRY #2
(Entered: 04/08/2002)
04/08/2002 3 ORDER to pay trustee. Re: Item # 2, [DS], ORIGINAL NIBS
DOCKET ENTRY #3 (Entered: 04/08/2002)
04/15/2002 4 CERTIFICATE of Mailing of Notice 0041 Meeting. Objections to
the plan are due 15 days after meeting held., [CA], ORIGINAL
NIBS DOCKET ENTRY #4 (Entered: 04/16/2002)
IlII ~-" --~_
~~
~~, "
<'"liIIiIili"~"""
-. '1iiIllllililiii't7'f1J" - - ~-,.!i~llil'l U~~~S-1"'-
USBC PAM - LIVE - V2.2 - Docket Report
Page 2 of3
.
r
05/17/2002 5 341 meeting held., [CA], ORIGINAL NIBS DOCKET ENTRY #5
(Entered: 05/17/2002)
06/03/2002 Q ORDER Confirming Plan, [KZ], ORIGINAL NIBS DOCKET
ENTRY #6 (Entered: 06/03/2002)
11/21/2002 7 MOTION for relief from stay re: Countrywide Home Loans, Inc. [Fee
paid, Receipt #589106, $75.00] [Entered: 11/21/02], [KZ]
CERTIFICATE OF NON-CONCURRENCE [Entered: 11/21/02],
[KZ]
REQUEST for admission [Entered: 11/21/02], [KZ]
REQUEST for production of documents, [KZ], ORIGINAL NIBS
DOCKET ENTRY #7 (Entered: 11/21/2002)
11/21/2002 8 ORDER that answers are due on 12/11/02 Re: Item # 7, [KZ],
ORIGINAL NIBS DOCKET ENTRY #8 (Entered: 11/21/2002)
11/26/2002 9 CERTIFICATE of service Re: Item # 8, [SM], ORIGINAL NIBS
DOCKET ENTRY #9 (Entered: ll/27/2002)
12/03/2002 10 ANSWER by DEBTOR Re: Item # 7, [DS], ORIGINAL NIBS
DOCKET ENTRY #10 (Entered: 12/04/2002)
12/06/2002 11 CORRESPONDENCE SETTING PRELIMINARY PHONE
CONFERENCE on 01/15/03 at II :00 A.M. at Federal Building,
Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets,
Harrisburg, PA 17101 Re: Item # 7, [KZ], ORIGINAL NIBS
DOCKET ENTRY #11 (Entered: 12/0612002)
01/15/2003 12 PROCEEDING MEMO: phone conference held - stip. with trustee
concurrence to be filed within 30 days; 6 months to cure. Re: Item #
7, [CL], ORIGINAL NIBS DOCKET ENTRY #12 (Entered:
01/15/2003)
01/30/2003 13 STIPULATION by the parties Re: Item # 7, [KZ], ORIGINAL NIBS
DOCKET ENTRY #13 (Entered: 01/31/2003)
07/1512003 14 Certificate of Concurrence of Trustee Filed by Gary E McCafferty of
Goldberg McCafferty and McKeever on behalf of Countrywide Home
Loans Inc (RE: related document(s)[13] ). (CR) (Entered:
07/16/2003)
07/17/2003 15 Order approving Stipulation (RE: related document(s)[13]). (KZ)
(Entered: 07/17/2003)
08/04/2003 16 Correspondence from Attorney McCafferty to Debtor regarding
Certification of Default Filed by Gary E McCafferty of Goldberg
."'~~
-
>, 'I-Illlil"-~' -~, ~ ,,-" --
'''-:'~cl-'';ill~i;W'i>AA;;,_
'USBC PAM - LIVE - V2.2 - Docket Report
Page3 00
McCafferty and McKeever on behalf of Countrywide Home Loans
Inc (RE: related document(s)[l3] ). (KZ) (Entered: 08/05/2003)
10/30/2003 17 Certificate of Default Filed by Gary E McCafferty of Goldberg
McCafferty and McKeever on behalf of Countrywide Home Loans
Inc (RE: related document(s)[13]). (KZ) (Entered: 10/31/2003)
11/03/2003 18 Order Granting Motion for Relief from Stay (RE: related document(s)
11 [7] ). (KZ) (Entered: 11/03/2003)
I PACER Service Center I
I Transaction Receipt I
I 11/20/2003 15: 10:02 I
Ip ACER Login: l~a0060 IIClient Code: I
IDescription: IIDocket Report IICase N urn ber: III :02-bk-0 1851- MDF I
IBillable Pages: 112 IICost: 110.14 I
'?,;i~iJi[",i~f!f:,'tN0J;~!i,,":J,-,,",h,i-'-_"'b.,;ri_~~,'\il-PJ1"]i'$'-";l?:iil';;~dif.M;8~jl(;~,,,A:!,,,"":t;""(,"'_""'_"M,.&l:,j;lf]i1~i!l!i~U~>>Jl~,:<i~~'~imli!lllii~ti~J~~;s11liil,tl
_~_.L. v_. ~ ~.
. ,-~
Li!llI!HIJ}![! "
o
~;
-cl';
tI(f".'
i~
-w_
:::~;.;
-~
C:'
(.,--'
o
'"n
z
':::)
'-'::;
[-I;!
l'oJ
;~ t~~
~-) (..:..
'.:,~~
~:~~ ~~
~2
:0
-<
:E~
'2
:..._)
u,
~"""""~r"-'i"'n""~"~"'
~-~- ~
[ 1
;~.
,- I,.:.~ ~ "
'", '~'lil!itl ".
. ..
tWiiliijg","',~;;,-;r,:
/"
~ -
Goldbeck McCafferty & McKeever
BY: Joseph A. Goldbeck, Jr.
Attomey.I.D. #16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE
HOME LOANS INC.
7105 Corporate Drive
PTX B-35
Piano, TX 75024-3632
IN THE COURT OF COMMON PLEAS
of Cumberland County
Plaintiff
CIVIL ACTION - LAW
vs.
DUANE E. MCCLINTOCK
(Mortgagor(s) and Record Owner(s))
93 Beagle Club Road
Carlisle, P A 17013
ACTION OF MORTGAGE FORECLOSURE
Defendant( s)
No. 01-6549
AFFIDAVIT PURSUANT TO RULE 3129
BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME
LOANS INC., Plaintiff in the above action, by its attorney. Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the
praecipe for the writ of execution was filed the following information concerning the real property located at:
93 Beagle Club Road
Carlisle, P A 17013
I.Name and address ofOwner(s) or Reputed Owner(s):
DUANEE.MCCLINTOCK
93 Beagle Club Road
Carlisle, PA 17013
2. Name and address ofDefendant(s) in the judgment:
DUANE E. MCCLINTOCK
93 Beagle Club 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:
P A 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:
. ~_..,~,~.
" --~.
~~
-
, "
I~.....
-~,-,
gi:f~"r--'tijj
....'
.
5. Name and address of every other person who has any record interest in or record lien on the property and whose interest
may be affected by the sale:
.
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which
may be affected by the sale.
TENANTS/OCCUPANTS
93 Beagle Club Road
Carlisle, P A 17013
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or
information and belief. I understand that false statements herein are made subject to the penalties of I 8 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
DATED: November 20, 2003
, .,"",On' ~~._~,_
"-.~ ~~.......^ ..._~-
L ,_,
j ~ -
,,-,I~.
L'"'.' ",[,,;
~'..~ ',~ -;'lI!~':-
,
,
01-6549
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck. Jr.
Attorney I.D.#16132
, Suite 5000- Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE IN THE COURT OF COMMON PLEAS
HOME LOANS INC.
7105 Corporate Drive of Cumberland County
PTX B-35
PIano, TX 75024-3632
CNIL ACTION - LAW
Plaintiff
vs.
ACTION OF MORTGAGE
FORECLOSURE
DUANE E. MCCLINTOCK
Mortgagor(s) and Record Owner(s)
93 Beagle Club Road
Carlisle, PA 17013
Term
No. 01-6549
Defendant( s
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: MCCLINTOCK, DUANE E.
DUANE E. MCCLINTOCK
93 Beagle Club Road
Carlisle, P A 17013
Your house at 93 Beagle Club Road, Carlisle, PA 17013 is scheduled to be sold at Sheriff's Sale
on Wednesday, March 03, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to
enforce the court judgment of$94,147.26 obtained by BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INe. 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:
!iF
.. .
~- 0" .~
-~ '~H~"
~~.......,. >H~ _.~..
~~ "
,
01-6549
1.' The sale will be cancelled if you pay to BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC., the back payments, late
, charges. costs and reasonable attorney's fees due. To find out how much you must pay call:
215-627-1322
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if
the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
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.
I. 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 caIling the Sheriff 0017-240-6390.
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 fmd
out if this has happened, you may caIl the Sheriff of717-240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
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 lU1!ess 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
"'hj
-'-'.~
1 '~~~: -'''~t~'fbi";
~~~f;j~fi,~'i~'g~i'~",~.,i~dt,i,b,f,lg;"fj,<";,,,,,;,,\~,,,:r:&J-~'!i'i'i.d'M,'f.
i'),,'""-
"::.i1'U"'iili~r..'tk-;~\':r-~,~Hir&!!l&,"'f~~ilI!ll~;ijj"illtMJi!M10f€'lf1E~j~:Of:l.ilim~~lIti
~",<,"__" ,~_ "','0,-<, __,~',i"-",""'- ~ ~. ,
_.M' ,"4,"~,,~.
"" ~_A'O., "'" ~" .~.
~~V>!l!ml_
o
r.
~
:u ,,-
I}
t::f.:
.,::--. '
-~,,.,
~~~;)
:.:c.:..
=-2'
~ ~ ~
~h..
--
-;~~
-.
S?
~
0'>
~
.
.
<:::;
W
;;e
,:::>
"'t:
f\.:)
.0-
o
-"
---,
-,..-
'~:1 :"1:;
~,:~'~j
::;C::.-:
_-,:1)
JS'Si
j;!
.:0
-"
'~"M~'" ~ ..~ ~
6.,;..,
',j -
I..,,,",,",,,,, ..'"",,,-,,,--, '~',-
~.:...' 1~ "'" b~
.
Jospeh A. Goldbeck, Jr.
Attomey I.D. #16132
Suite 5000 - Mellon Independence Center
70 I Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attomey for Plaintiff
BANK ONE NATIONAL ASSOCIATION AS TRUSTEE
PNC MT2000-1 CIO COUNTRYWIDE HOME LOANS
INC.
7105 Corporate Drive
PTX B-35
Piano, TX 75024-3632
IN THE COURT OF
COMMON PLEAS
Plaintiff
of Cumberland County
vs.
CIVIL ACTION - LAW
DUANE E. MCCLINTOCK
Mortgagor(s) and Record Owner(s)
93 Beagle Club Road
Carlisle, PA 17013
ACTION OF
MORTGAGE FORECLOSURE
Defendant( s)
NO. 01-6549
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.
~~f~ftiL~iit.4I\!!giWU:j1bfu,~~~;i~-;~l:f,:fSl"'"-'"-" r_';_,-l..'~/,,"11',;'~ili;~j~_>MiJji~d'i)M~!itJ_~1I',,"l ---"!.~~ililM'f
J~~,__~~ p
~1""r""-
~--
.
() C) ~./
c c':";
K"..:'
"1J C' C)
rr> [5
." '-I::
Z
Z r~..)
if) .... ::;"}
-<
G c~ '-.-,-
;J;: ::0.:-1" --h
r.\ -:~.
..L C C)
j> ~ f'T'1
C ":;' '--'
2: ~ y~
:~ :n
'J"\ -<
Ii
~
_""_"'''k~.
;k~~~~h,J~'
-"-_...' ~"<-,"
~" ;."'. ,,-~,. - r~' -- ~~.. - '~fIh-l-t~j\~-'
~
ti,
~0>-+''''''
Bank One National Association as
Trustee PNC MT2000-1 c/o
Countrywide Home Loans, Inc.
VS
Duane E. McClintock
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-6549 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Joseph Goldbeck.
Sheriff s Costs:
Pocketing
Poundage
Advertising
Mileage
Levy
Surcharge
Law Library
Prothonotary
Share of Bills
30.00
2.28
15.00
3.45
15.00
20.00
1.00
29.32
$ 116.05 paid by attorney
01/13/04
Sworn and subscribed to before me So Answers:
This /'Ie dayofY r-K- <:. ~€ ~~
(-j ~ R. Thomas Kline, Sheriff
200"A.D.~j) ');,~,~ BY ~
Prothonotary Real Est e Deputy
(!1J
I. CIL'f'..'110
~m'J5';
.r~~
-
~
, ,
. '~....,~~,I
,~
-~ ,,~-'~
'-_~i,;wi;-;!t;;"
,.
I
Goldbeck McCafferty & McKeever
BY: Joseph A. Goldbeck, Jr.
Attorney LD. # 16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000-1 CIO COUNTRYWIDE
HOME LOANS INe.
7105 Corporate Drive
PTXB-35
Piano, TX 75024-3632
IN THE COURT OF COMMON PLEAS
of Cumberland County
Plaintiff
CIVIL ACTION - LAW
vs.
DUANE E. MCCLINTOCK
(Mortgagor(s) and Record Owner(s))
93 Beagle Club Road
Carlisle, P A 17013
ACTION OF MORTGAGE FORECLOSURE
Defendant( s)
No. 01-6549
AFFIDAVIT PURSUANT TO RULE 3129
BANK ONE NATIONAL ASSOCIATION AS 1RUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME
LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as oflhe date lhe
praecipe for lhe writ of execution was filed lhe following information concerning lhe real property located at:
93 Beagle Club Road
Carlisle, P A 17013
I.Name and address ofOwner(s) or Reputed Owner(s):
DUANEE.MCCLThITOCK
93 Beagle Club Road
Carlisle,PA 17013
2. Name and address ofDefendant(s) in lhe judgment:
DUANEE.MCCLThITOCK
93 Beagle Club Road
Carlisle, P A 17013
3. Name and last known address of every judgment creditor whose judgment is a record lien on lhe property to be sold:
P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Heallh and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, P A 17013
4. Name and address of lhe last recorded holder of every mortgage of record:
~....."'"
~-, .
. .-.
....
L:
,,,,,I
'"
. ~-"' ~ii
....\lj(n""~<ii'"
,t
!
5. Name and address of every other person who iIas any record interest in or record lien on the property and whose interest
may be affected by the sale:
6, Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which
may be affected by the sale.
TENANTS/OCCUPANTS
93 Beagle Club Road
Carlisle, PA 17013
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or
information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C,S, Section 4904
relating to unsworn falsification to authorities.
DATED: November 20. 2003
.,<p=~=- -, .- ~"
~ I ~
""- - ,~~
IL",
l .~
-'I ",': ,-,.
"~,;: c' -._ri~'~ J_ ""li~;1..m.(f.,b'i-)
'"
.
~
o I ~6549
,
(
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#I 6132
Suite 5000. Mellon Independence Center
701 Market Street
Philadelphia,PA 19106
215-627-1322
Attorney for Plaintiff
BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE IN THE COURT OF COMMON PLEAS
HOME LOANS INC.
7105 Corporate Drive of Cumberland County
PTX B-35
Piano, TX 75024-3632
CIVIL ACTION - LAW
Plaintiff
vs.
ACTION OF MORTGAGE
FORECLOSURE
DUANE E. MCCLINTOCK
Mortgagor(s) and Record Owner(s)
93 Beagle Club Road
Carlisle, PA 17013
Term
No. 01-6549
Defendant( s
TillS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. TillS 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: MCCLINTOCK, DUANE E.
DUANE E. MCCLlIIITOCK
93 Beagle Club Road
Carlisle, P A 17013
Your house at 93 Beagle Club Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale
on Wednesday, March 03, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to
enforce the court judgment of $94, 147.26 obtained by BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS 1Ne. against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT TillS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
^',',-""""'~=-~~
~ ~~-~.--,~ ~
""""'.,;,........\8i
-,',"
'.', ,~^ .
--~..~.~""
,~
.
o 1 ~6549
,.
1. The sale will be cancelled if you pay to BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000-1 CIO COUNTRYWIDE HOME LOANS INC., the back payments, late
charges. costs and reasonable attorney's fees due. To find out how much you must pay call:
215-627-1322
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment. if
the judgment was improperly entered. You may also ask the Court to postpoue 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. lfthe 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 of717-240-6390.
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
ant if this has happened, you may call the Sheriff of717-240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the
Sheriff's 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, P A 17013
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, P A 17013
r='m.",,", ,.. "~~. ,~.
. ~-" .
. -
I" ~ I
,'~I~.I' -. 111!lIAl .... 'J.. - iMif
'-"i:&~re'~iM.~.;'
".
,
.
ALL that certain tract ofland with the improvements thereon erected, situate in
Middlesex Township, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a point in the center of Township Road No. 503, at corner of land now
or formerly of Daniel Snyder; thence by said land, South 50 degrees 36 minutes 40
seconds East 161.94 feet to a point; thence by land now or formerly of Ralph 1. Spahr,
South 38 degrees 00 minutes West 85 feet to a point; thence by land now or formerly of
Arthur J. Bittinger and Dorothy C. Bittinger, his wife, North 50 degrees 36 minutes 40
seconds West 161.94 feet to a point in the center of Township Road No. 503 aforesaid;
thence by the center of said Road, North 37 degrees 4 minutes 20 seconds East 85 feet to
the place of BEGINNING.
BEING the same premises which Archie S. McClintock and Mary B. McClintock, his
wife, by deed dated July 5,1978 and recorded in the Office of the Recorder of Deeds of
Cumberland County, in Deed Book x, Vol. 27 Page 151, granted and conveyed to Archie
S. McClintock and Mary B. McClintock, his wife and Duane McClintock, Grantors
herein.
Tax Parcel #21-05-429-28
Being known as 93 Beagle Club Road, Carlisle, P A 17013
~ -~~~
-, -~~ ,".
-
,,' ~I_"",..... ' -'-"0' ~' . .
^'''~''-'li~,.&i',,;
4 ,
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NOOI-6549 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BANK ONE NATIONAL ASSOCIATION AS TRUSTEE
PNC MTIOOO-l C/O COUNTRYWIDE HOME LOANS INC 7105 CORPORATE DRIVE PTX B-
35 PLANO TX 75024-3632 Plaintiff (s)
From DUANE E MCCLINTOCK 93 BEAGLE CLUB ROAD, CARLISLE, P A. 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee( s) that: ( a) an attachment has been issued; (b) the garnishee( s) is enj oined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$ 94,147.26
Interest 6/01/01 TO 2/11/02 AT 7.8750%
1.1.
Atty's Comm
%
Due Prothy $1.00
Atty Paid $ 249.74
Plaintiffpaid
Date: NOVEMBER 24,2003
Other Costs
CURTIS R. LONG
(Seal)
Prothonotary
BY:~"" ~ Q. ~JIO,-v
Deputy
REQUESTING PARTY:
Name JOSEPH A GOLDBECK JR
Address: SUITE 5000-MELLON INDEPENDENCE CENTER
701 MARKET STREET PIDLADELPHlA P A 19106-1532
Attorney for: PLFF
Telephone: (215) 627-1322
Supreme Court ill No. 16132
-.
i~,*.hi\i,_,.',f:"';-"~' J:'--,_.:}~"
i_;. ,
.;, .__c''':',',,, o'-,,1L'o~;i(d.!iIi!M'~~iWiMi.;'&iM1l"furi"i\i"'!i.i;,r"'l~i~-31ili.'!%~J.;.,~...~W'h'$I..;i,i~!!ilii;l,;i:~C - '~","~1;M;jii!Ml'~
.<>='
. ~
, \,
Real Estate Sale # 53
On December 04, 2003 the sherifflevied upon the
defendant's interest in the real property situated in
Middlesex Township, Cumberland County, P A
Known and numbered as 93 Beagle Club Road,
Carlisle, more fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
~J
cu:a:
c::;:;;l'
c;::::::l
@
~
Date: December 03, 2003
By: JDrtu SvMJL.
Real Estatd Deputy
, .,':\d
~, \ ,- \' ,~, .....
,( . .... " 'J~~
\':(, '/,s \Q . '\'J
~\I ,\~, ..,,;\1 ~>\)
" ",lo 1 ,:"\ _ ~. \~::~,"j,~l\
),IV'".", :.\
,,11\-.'.
", ...
I co -, ~ ..--,L.,.;;;b~-,., _'_ ,
- ,--,
-~>~,. --
'j" ~:a;!II&""",
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney 1.0. #16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorne for Plaintiff
BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE
HOME LOANS INC.
7105 Corporate Drive
PTX 8-35
Piano, TX 75024-3632
IN THE COURT OF COMMON PLEAS
of Cumberland County
Plaintiff
vs.
No. 01-6549
DUANE E. MCCLINTOCK
(Mortgagor(s) and Record owner(s))
93 Beagle Club Road
Carlisle, PA 17013
PRAECIPE '1'0 SATISFY JUDGMENT
TO THE PROTHONOTARY:
Kindly Satisfy the Judgment in the above captioned matter upon
payment of your costs only.
fJI~
JOSEPH A. GOLDBECK, JR., ESQUIRE
'~
iiii":d.0c'""':iii~~::'- ~]~;.lbi~~,:!,,~'JAli~i~"i'Hthl;,;i\<i"g;.;i;;;t'i':""""'.JjF",,!~;4"i5<;;,,;..iilW@~~Jj,~__~~~ ~""""'-"'HlL.IlI
~
b5
~
~.l~_
,'V" ,_~",__",
~ .
NN
M' ,.~~ ,~~_,
olIm>l!
0 ...., 0
=-
c: = "TI
S. c.'"
::!l: "-I
uCC r1;:::tI
fT:f:'~ >
Z:,T_' -< ',--
?-~~. I -om
~, :D6
(f--J.-,':':'~
-~... ~,:: N 0
~f; .'::j
::::r -~i
"'.J C-) ;?5
3 Zen
);; --' ~ O'
'C": s;!
~ N :D
-<
< ,,~ ~
, ~"C. --",,,1;.,..;...;... ~_C ..." .-"""_ ," _'-,' -;:..:;, "..c. '-j, _ _"~,"_;_~..
.'"
.
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 5000 Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
BANK ONE NATIONAL ASSOCIATION AS
TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE
HOME LOANS INC.
7105 Corporate Drive
PTX B-35
Piano, TX 75024-3632
IN THE COURT OF COMMON PLEAS
of Cumberland County
Plaintiff
VS.
No. 01-6549
DUANE E. MCCLINTOCK
(Mortgagor{s) and Record owner{s))
93 Beagle Club Road
Carlisle, PA 17013
PRAECIPE TO SETTLE, DISCONTINUE AND SND
TO THE PROTHONOTARY:
Kindly mark the above case Settled, Discontinued and Ended upon
payment of your costs only.
fJI~-
JOSEPH A. GOLDBECK, JR., ESQUIRE
+,i
~~!:~~~;ti\&~~~&i!tiilii~~*~~~filiit-lJ0"~"~~''';''';'~;'''''''.1.",~j;'i",1",,,,,,""(j;r;'~4,."^t~~iIlII~~"~~~ """'" II:
~
:\'~IL"" .= ._
_. _."""'...fih . ,~~ ~,
....-;..'.
i5
f?I/!/
- ~-
,,-
()
C
R
'"Den
~ir:
CD);
-,..".--::'
I-~~'
-:<:'- '
.)>>~,
;;;;C
PC:
Z
~
"~ '-'-
"',
.
.....,
=
=
c.n
::;;::
"""
-<
I
N
o
'71
:r
I"nl1
,
\J- ITl
_:nCl-
~,
'--'0
~-fi
0"
7f5
Om
.,-1
>'
:XJ
-.<
.",
:::!!:
I)f
N