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Home My WebLink About03-2970GOLDBECK 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) 62%1322 ATTORNEY FOR PLAINTIFF MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. LAURA M. DOLBY Mortgagor(s) and Real Owner(s) Defendant(s) 4809 East Trindle Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 03 - ,,~/,i_ ~GTION: MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPT/NGTO COLLECT A DEBT OWED TO OUR CLlENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TItE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in couxt. 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 valtten appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth agaiost you. You are warned that if you fall to do so th~ case may proceed without you and a judgment may be entered against you by file Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the PlalntifE You may lose money or property or other fights important to yom 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 THI~ OFFICE SET FORTH BELOW TO FrND OLrf WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 ltvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY EAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTKA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED KESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSAR10 QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQLTIBR OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIFACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y KEQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERI)ER DINERO, PROPIEDAD LI OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMED1ATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COLrNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE, 7105 Corporate Drive, PTX B-35 Plano, TX 75024-3632. The name(s) and address(es) of the Defendant(s) is/are LAURA M. DOLBY, 4809 East Trindle Road, Mechanicsburg, PA 17055, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On July 12, 1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to RESOURCE ONE MORTGAGE, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1562 Page 356. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE by Assignment of Mortgage which assignment is lodged for recording. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principai and interest upon said mortgage due February 16, 2003, 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 01/16/2003 through 06/30/2003 at 14.5900% Per Diem interest rate at $5.94 Reasonable Attorney's Fee Late Charges from 02/16/2003 to 06/30/2003 Monthly late charge amount at $9.23 Costs of suit and Title Search $14,869.57 $986.04 $1,250.00 $46.15 $900.00 $18,051.76 $18,051.76 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. 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 tree 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 Cotmseling Agency. WHE,REFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $18,051.76, together with interest at the rate of $5.94, per day and other expenses incurred by the Plainfiffwhich are properly chargeable in accordance with the terms of the mortgage, and~ the foreclosure and sale of the mortgaged premises. GO IECK McCAI~FERTY & MeKEEVER BY: gEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Michael D. 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 unswom falsification to authorities. Michael D. Vestal COUNTRYWIDE HOME LOANS INC. ALL THAT CERTAIN ~CT OF LAND SI,,TUATE ON,THE NORTH SIDE OF TIlE TRI2NDLE ROAD IN ILAMPDFaN TOWNSHIP, CUMB~ COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNi~G AT A POINT UN THE OLD CFaNTER LINE OF TliE TRINDLE ROAD, WHICH POINT IS 135 FEET FROM THE WESTERN LINE OF PROPERTY OF EVERETT BURR AND ETHEL GRACE BURR, HIS WIFE; THENCE WESTWARDLY ALONG SAID CENTER LINE AT THE TRINDLE ROAD 60 FEET TO A POINT, THE LINE OF PROPERTY OF BOYER; THENCE NORTHWARDLY ALONG SAID LINE AND AT RIGHT ANGLES WITH TRINDLE ROAD 189 FEET TO A POINT; THENCE NORTHEASTWARDLY 136 FEET 6 INCHES TO A POINT; THENCE 14 FEET 10 INCHES TO A POINT, IN LINE OF PROPERTY FORMERLY OF BERTHA M. HERBUNE, NOW OR EBERLY LUMBER CoMpANY; TI~NCE SOUTHWABDLY AND AT RIGHT ANGLES WITH TRINDLE ROAD 174 FEET TO A POINT; THENCE WESTWARDLY ON A LINE PAI~I J~EL WITH THE TRINDLE ROAD $ FEET; THENCE SOUTIIV~ARDLY AND AT RIGHT ANGLES WI'IH THE TRINDLE ROAD 140 FEET TO A POINT ON THE OLD CENTER LINE OF THE TRINDLE ROAD, THE PLACE OF BEGINNING. HAVING THEREON ERF~TED A TWO STORY CONCRETE BLOCK DWELLING HOUSE. BEING A PORTION OF LOT NO. 9 ON THE PLAN OF LOTS OF CHARLES HERBINE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. THE ABOVE DESCRIBED TRACT OF LAND INCLUDES THE WESTERN 5 FEET OF ~ 10 FoOT DRIVEWAY '4VHICH EXTENDS NORTIt~VARDLY AND AT RIGHT ANGLES FROM THE NORTHERN LINE OF THE TRINDLE ROAD A DISTANCE OF 125 FEET, AND SUBJECT TO THE RIGHT OF THE EBERLY LUMBER COMPANY, ITS SUCCESSORS AND ASSIGNS, AS OWNER OF THE PROPERTY IMMF, DIATELY ADJOINING ON THE EAST, TO USE ALL OF THE WH)q~I OR SAID 10 FOOT DRIVEWAY FOR THE PURPOSE OF INGRESS, EGRESS AND REGRESS, TO THE REA~ OF THE APARTMENT HOUSE ERECTED ON SAID LAND OF THE EBERLY LUMBER COMPANY. Countr d HONE LOANS April 19, 2003 MeC:hanicsl~rg, Cerfifie~l Mall NO. . Re~um Receipt R~qu~ted Regu~r Mail Account No,: '1422~9 ' pmpert~ .~ddresa: ' 4809 East TrindJe RD Mecharllc. sburg PA 17055-0000 C~rrent Servicer: . Count~vld$ Home Loar~ Inc. ' ,'ACT 91. NOTIC*E TAKE ACTION TO SAVE ,YOUR' HOME FROM FORECLOSURE r. . ~h~s~san~c~a~nat~cethattbam~tna~e~nv~urh~me~s~ndefau~t~andthe~end~r~lntendst~f~ntc~ee~ ~Declflc InformatiOn ~mout the nsture of the default ia provided in the at~chnd · 11m HOMEOWNER'S EMERGENCY MORTGAGE ASSIBTANCE PROGRAM (HEMAP) m~v be able to help to To ~ee If HEMAP nar~ It~ YOU muat MEET ~ A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF 'IT~E DATE OF THI~ NOTICE; Take th~ Not k~e v~lth v~u When ~,ou m~t *with the Couneellnu A;mncv The name~, addressee arid phone numbere of Cort~u~ler Credit Coun~lll~l A~e~tcie8 8el~n~l your County ere Jlste~ at the*end of thle No,iceD If you have any euestlone, voul may ~atl the Pennavlvan~a Hpu~lnn Finance ~. The ~ bar association may be able to help you f~nd a lawyer .... . LA NOTII~C~CION EN ADJUNTO ES DE SUMA ~MPORTANCIA, PUES AFEi~TA SU DERECHO A CONTIBUAR VNIENDO EN SU CASA. 8l NO COMPRENDE EL CONYENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS A~ NOMERO MENCIONADO ARRIBA~. PUEDE SER ELEGI~LE' PARA UN PRI~STAMO 'POR EL HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM You MAY GE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE ~ AND HELP YOU MAKE FUTURE MORTGAGE PAYS/lENTS, IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY*MORTGAGE ASSISTANCE ACT OF 1983 (T~E "AC~'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORT(~AGE ASSISTANCE:' IF YOUR I~EFAULT HAS BEEN CAUSED BY CIRCUM-~'TANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF SEINe ABLE TO PAY YOUR MORTG,~GE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. Countrywide P,O- ~ 66o~4 Dallas, TX 75266-0694 It,,,I,l,l,.l,l,ll.,ll.ll,..,ll,,I,f..,I.II,l,,,I.l,.hll O00q 42289800b000~8744000068744 TEMPORARy STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay ct foraclo~ure on your mortgage for thirty (30) days from the date of tN.,s Notice. During that lime you must arrange and attend a "face-to-face" raneifng with one of the consumer credit counceiing agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT Caoi DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOT~CE CALLED 'HOW TO CURE YOUR MORTGAGE DEFAULT~ EXPLAINS HOW TO BRING YOUR MORTGA~3E UP TO DATE. CONRUMER CREDIT COUNSELING AGENCIES - If you meet with one of the coneumer credit couraeflng agencies ~ed at the end of this esl~ce, t~e lender mae NOT take action against you for thidy (30) days after the date of this meeting. ~q'te Dames. addresses and teleshene numhem ef dealoested consumer credit oounselinc epifncles for the ]county in which the omomtv is located are esl forth at the end of this Natice. It is ordy necessary to ~hedule one face.to- face meeting. Advi~ your Jender immedistelv of your htandone. ,ePPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the resso~a set forth later In this Notice (see following pages for apedfic IHcrmation abopt the nature of your dofa~.) If you have tried and am unable to r~e th~ probJsm with the leedar, you have the right to epoxy for tinenc~aJ aesL.,~anca from the Homeowners Emergency Mortgage Assistance program. To do so, you must fill out, sign and file a comp,~ted Homeowner*s Emergency Aesla~anca Program Applinet;on with one of the da~geeted consumer credit coumeling agacotes listed at the end d this No~e. O~y consumer credit coumeitng agencies have spplicatlenc for the program and they wll assist you il submitting a complete application to the Pacncylve. nis Hossing Rnence Agency. Your application MUST be filed or Do.marked within thirty (30) days of your face 4D-face mnethg. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAJL TO DO SO OR 1F YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEI'PER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE A~SL~'I'ANCE WILL BE DENIED. ~GENCY A~3TIO N- Available funds for emergency mortgage esaistonne are very limited. Tnae will be disbursed by the AganoT under the eitgi~Ulty crleha es~0lshed Dy the AoL The Pac~ Housing Finance Agency has sixty (60) days tomakea dac~onattar it recetvaeyourappEcation. Duringthettime, no foracloacre procesdingswlit be pursued against you If you have mot the time requirements set fo~h above. You will be nef#ied dkecfly by the Penssyfvania Hou~ng Fk~asse Agency at its decision on your appJlvatton. NOTE.' IFYOU ARE CURRENTLY PROTECTED BYTHE FILING OFA PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TNIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED A~ AN ATTEMPT TO COLLECT THE DEBT. (if you have filed benkrulxcy you can stlif apply for Emergency Mortgage A~tetance.) NATURE OFTHE DEFAULT- Couatrvwlde Home Loaca, Inc.. (hereisaft er "Count rvwlda") sswicne your home loan. your home loan is is sedous detaua bacaune you have not made your required payments. The total amount now required to reinstate your home loan es of the date of this is[tar is es fo~owa: ~ont hN Pavm erda: $184.78 $554.28 Late Cllame~: ~9.24 $18.48 PAYME~IT INSTRUCTIONS HOW T0 CURF THE DEFAULT -.You may cure this dafau~l wlt~n THIRTY (a0) DAYS of the date of th~s letter, by paying to uc the above amount of $887.44, plus an,/add~osal monthly pay~nents, late (~harges. fees and other app~cable cha~ges ~wh~ch may fell due during this period. Such payment mU~ be in the form of certified check, cashier's check money order, ahd made payab4e to Countrywide at P.O. Box 660694, DStisS. Ti(r 7526~. If your check or other payment is resumed to u~ for in~uftlcisot funde or for any other resso~ you Wt]l not have cured your dofauit. No extunston of time to cure wiil be gmntad due to & returned payment. · IF ~HE MORTGAGE 1~ FORECLOSED UPON - If the m0rlg~e Is ~'ores~sed, the mortgaged proPen'Y wltl be sold by the Sheriff to pay off the modgage debt. If the default is cured before we begin legal proceedinga, Count~ide will be entitled to ootisot the reasona~e altomey'e fees actueily incuffed, up lo $50,00. HoweVer, If isgal i~mc, uedlngs are started, Countryv)Ue wffi be eotiifed to colest the ress~ab~ attorneys fees even if they are ever $50.00, Any attorney's fees will be added t.o the escumd debt, w'nich may also Include our r,esson~ble costs. If you cure the defeuif within the THIR'F~ (30) DAY pe docl, ~ will mt be requ(red to p~y ~to~nay'e tees. OTHER LENDER REMEOIE~[-'The lender may also sue you perecnaily for the uhbeld p~ir~ip~l baisnc? and' all other sums due under the mortgage. RIGH'~ TO CURE THE DEFAULT PRIOR T~'FOR~CLOSURE SALE - if y~u have mt cured t~e default within the THIRTY (30) DAY period and foreclosure proceedings have begun you still have the right to cure the default and prevent the esle at any time up to one hour before the foreclosure ~le. You may do'so by paying the total amda~t then pes~ due, plue any la~a or other Charges than due, mest~qable attorney's fe~s and co~ta.~or~ected'with the foreclosure sale and any other coats COnnected with the forec~esure safe as specified in writ~g by the lender' and by pe~forming any.other reduirementa under the mortgage. Curing your default In the manner est forth in this notice will rsetor~ your mortgage to the same posftlun aa If you had uever de/au(ted. EARLIE~'T POSSIBLE FORECLOSURE !~ALE DATE - It le e,~mated that the'esrilest def~ that a lomcroaum sale couJcl he herd would be agp~x~ateJy ~((8) months from the dete of this letter. A notice of the date of the foreclosure esis will be east.to you before the sale. You may find out at any time exactly what the required payment wtil be by setting us at the foJlowing number:. 1-800-669-Ot(~. This payment must be in the form of · c, ashte~e check,.uedifled check or money of der and made pay~bis to us at the eddresa staled above, if the default ~s cured, tile mortgage will be ~stored to the ~ame position as if no dafault had ~ccurred. However, the default may not be cured mom than three (3) times in any cak~dar year. HOW TO CONTACT THE LENDER= Name of Lender, Countrywide Home Loans, ~ , Addreaa: P.-O. Box 10221 Van NU)~, CA 91410.0221 pheue NUml~er:. 1-800.669.0102 Fax Number; Contact Parson: ' Katie Taylor, MS A#en#on: Loan'Counselor EFFECT OF FORECLOSURE SA]-E - You ~houid realize that a fomck)~ure.esle will end your ownership of the mortgaged properly and ~o~x right to remain in [ *if you ouhtinue to I~ve In the propedy after the S~erift'e sale, a ~awsu~t to remove you and your fuml~inga and other belonginga couid be started/~y ~otm~..v~kle at shy lkha. .' ~SSUMPTION dF MORTGAGE - Coota~t Camd~r.v w]o~e ]~Ome ],om~ for leformat;on en the possib~e essumabilliy of your k~an: YOU MAY ALSO HAVE THE RIGHT; TO SELL THE PROPER'I'~ TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANO'~HER LENDING INSTITUTION TO PAY OFF THIS DEST. 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 DEFA[JLT 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 i:~DERAL BANKRUPTCY LAW. Pursuant to your home inan do¢umeots, and because the I~me ;aaa is Ir; default, Count~/~de may, at its option, enter upen end ounduct en hspection of the prope~y. The purpose of iftls inapeotlon is to ebesrve the phystcef cendtiien of the propeby, to redly that the property Is oocup~:l end/or to d~,termine the identity of the O(~upant. The cast of any such insbeotlon wiil be edded to and becoma pan of the s~oumd del~ es provided under the' terms of the home inan If ~ou are unable to ~ure your default on or before May t9, 2003, Cour~wide wants you to be aware of vadous op~ona that may be ~vaJable to you through Countrywide to prevent s foreclosure ~ale of your proper~y. For example: Repayment Plan: It ts poss~e that you may be eligible for some form ot payment asalstance thro~h ~e. Our baslo p~an reqt~res that Ccerarywfde receive, up front, at lea~ ~ of the amount nece,,,.smy to bring the account current, end that Ule baJance of ttle overdue amount be paid, aJong with the regular monlfl[y payment, over a defined period of t~ne. Other repayment plans atso are aval~qble. · Loan Modi~ic, ation: Alternative~,, it [6 po68Fole tll~ the regular monthly payments cart be Iowere~ through a modification of the loan by reduc:hg the lr~ereat rate and then adding the delinquent payments to the c~rmfit k~an t~a~ar~ce. Th~ foreclosure aJternative, however, is limiled to aedaln ~oan types. · Sale of Your Prooertv: A[lernatk, ely, if y~ou are wfJ[,~qg to sell your home In order to svoid forecloaum, it is poasble that the aale 0~ you home can be Roproved through Count~de even if your home is wo~lh ~ess than what Is owed on it. · D.~g~E~g:J~: Alternatively, It your pr~ Is frae from other liens or enoumbrames, and If the defauit L~ due to a aerioua financial hardship wl~h is beyond your c:ontrol, you may be el[g~ole to de~d yot~r property clin~tly to the No(eiqok:ler and avoU the forecJosure sale. if you are Interested In clip,cueing foreck~ure alternatlvea with Countpjwicle, you mu~t ~:ontaot ua Immediately. if you requeat assurance, Countryv~de wi! determine, in ~ ao~e disc~at fort, whelher ~ueh aaa~atance edl be exter~ed to you. In the meantime, Cour~rywide will purat~e ail of its rights arid remedies under the home home loan docta~ent~ and as permllt6d by ~aw, urdeaa it agrees otlmrwlse In writing. PJease be advised that failure to bring the home home ban current or to ~ter into a written agreement aa o~tlined above will result in the a~celeratlon of the debt. Time ia of the essence. Should you have ar~' questions oonoemlng th~ notice, p,~aae contact Counbywide'e office immediately at 1-800-66g-01(~, extension 2940. Katie Taylor Loan Counaelor 1-800-669-0102, extension 2940 Please be advised that th~s oommuni~ati~n Is from a debt collector. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.%16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. %56129 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 vs. LAUP~A M. DOLBY 4809 East Trindle Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 03-2970-CIVIL TERM 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. MOTION FOR SUBSTITUTED S~:RVICE 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 4809 East Trindle Road, Mechanicsburg, PA, 17055, hereinafter, the "mortgaged premises". 2. Defendant{s), LAURA M. DOLBY, is/are the mortgagor and real owner of the mortgaged premises. 3. The last known address of Defendant(s) is as set forth in Paragraph 2 of the Complaint. 4. The Sheriff has been unable to effect se~ice of the Complaint upon Defendant(s) at his last known address after numerous attempts. 5. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant(s). ~EREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant(s) by posting the premises and certified and regular mail to the Defendants' last known address. BY: MICHEL T. MCKEEVER, ESQUIRE GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. LAURA M. DOLBY 4809 East Trindle Road Mechanicsburg, PA 17055 VERIFICATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 03-2970-CIVIL TERM I, MICHAEL T. MCKEEVER, 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 fa]_se statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. BY: MICHAEL T. MCKEEVER, ESQUIRE GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632" VS. LAURA M. DOLBY 4809 East Trindle Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 03-2970-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant(s) which the Sheriff has been unable to personally serve upon Defendant(s). As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendants' 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(s) by posting the premises and certified mail and regular mail to the Defendants' last known address. Respectfully submitted, MICHAEL T. MCKEEVER, ESQUIRE PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: Attorney Firm: Case Number: Subject: A.K.A.: Property Address: Last Known Address: Last Known Number: CWD-2785 GOLDBECK, MCCAFFERTY & MCKEEVER Laura M Dolby Laura Dolby 4809 E Trindle Road Mechanicsburg, PA 17050 4809 E Trindle Road Mechanicsburg, PA 17050 () Melissa Kozma, being duly sworn acc?rding to law, deposes and says: 1. I am employed in the capacity of Location Specialist for Players National Locator. 2. On 06/23/2003, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as foltows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER(S): - - B, EMPLOYMENT SEARCH: We were unable to verify current employment for Laura M Dolby. C. INQUIRY OF CREDITORS: Creditors indicated the last reported address for Laura M Dolby is 4809 E Trindle Road, Mechanicsburg, PA 17050 with no valid home number. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: Directory assistance does not have a listing for Laura M Dolby. INQUIRY OF NEIGHBORS - We contacted 717-730~7111 registered at 4810 E Trindle Road and spoke with a neighbor who stated Laura M Dolby is elderly and may have been moved from 4809 E Trindle Road and have not seen her in several months. We also spoke with another neighbor at 717-737-4976 registered to 4815 E Trindle Road who also stated they have not seen Laura in a few months. INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of June 18, 2003 the National Change of Address (NCOA) has no change for Laura M Dolby from 4809 E Trindle Road, Mechanicsburg, PA 17050. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: We were unable to verify current drivers license information for Laura M Dolby. OTHER INQUIRIES - A. DEATH RECORDS: As of June 18, 2003 the Social Security Administration has no death record on file for Laura M Dolby and/or A.K.A's under the social security number provided. B. PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC. ): None Found. C. COUNTY VOTER REGISTRATION: The Cumberland County Votem Registration Office has Laura M Dolby listed at 4809 E Trindle Road, Mechanicsburg, PA 17050. OTHER SEARCHES - The social security number(s) provided have been verified. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: October 1917 Subsc ~,~,~ swo~ before m, o.'06~2003 ., Players National Locator 113 QN State Road, Suite 104 St. Louis, MQ 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 SHERIFF'S RETURN - NOT FOUND -CASE NO: 2003-02970 p COMMONTWEALTH OF PENNSYLVANIA COUAEFY OF CUMBERLAND M3~NUFACTURERS AND TRADERS VS DOLBY LAURA M R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DOLBY LAURA M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 4809 EAST TRINDLE ROAD MECHANICSBURG, PA 17055 , DOLBY LAURA M , NOT FOUND , as to DEFENDANT WAS NOT FOUND AT GIVEN ADDRESS. Sheriff,s Costs: Docketing 18.00 Service 15.18 Not Found 5.00 Surcharge 10.00 .00 48.18 So answers Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 07/24/2003 Sworn and subscribed ~o before me this .. day of Prothonotary R. THOMAS KLINE Sheriff EDWARD L, SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy July 24, 2003 Attorney Goldbeck: ! spoke with your assistant on 7/1/03 and explained to her that when our deputies originally attempted service on Laura Dolby, there were notes on her door from both the post office and the visiting nurse. Her neighbors indicated that they had not seen her for weeks. Her mail was placed on hold at the post office. Our deputies went to the local police (Hampden Twp) and they broke into the house. Nothing was found. After explaining all of this to your assistant, she asked that we put a business card on the door and then attempt service again right before expiration of complaint. When our deputies attempted service on 7/22/03 the card that was put on the door earlier was still .there and the door was boarded shut. The grass had not been mowed for some time. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 vs. LAURA M. DOLBY 4809 East Trindle Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County No. 03-2970-CIVIL TERM CERTIFICATE OF SERVICE MICHAEL T. MCKEEVER, Esquire, does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant(s) this 7tn day of August, 2003, by first class mail, postage prepaid. BY: MICHAEL T. MCKEEVER, ESQUIRE AUO I £ 7003 GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. LAURA M. DOLBY 4809 East Trindle Road Mechanicsburg, PA 17055 ORDER IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 03-2970-CIVIL TERM AND NOW, this /3 ~ day of /'~'f~ 2003, 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(s} 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(s) by posting a copy of the Complaint upon the premises 4809 East Trindle Road, Mechanicsburg, PA, 17055, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendants' last known address at 4809 East Trindle Road, Mechanicsburg, PA, 17055, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendants' last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant(s) by sending copies of same to Defendants' last known address by certified and regular mail and by posting the premises. BY THE COURT: GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. LAURA M. DOLBY 4809 East Trind]e Road Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMM£ OF Cumberland COLIN CIVIL ACTION - LA ACTION OF MORTGAGE FOR Term No. 03-2970-CIVIL TE PRAECIPE TO REINSTATE COMPLAiNT Kindly reinstate the Complaint in the above captioned matter. GOLDBECK, McCAFFERTY & ~ N PLEAS rY ECLOSURE ~cKEEVER By Joseph A. Attomey for Plaintiff SHERIFF'S RETURN - NOT FOIIND CASE NO: 2003-02970 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS VS DOLBY LAURA M R. Thomas Kline duly sworn according to law, says, that he made a inquiry for the within named DEFENDANT DOLBY LAURA M unable to locate Her COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT , DOLBY LAUP~A M , NOT FOUND , as to 4809 EAST TRINDLE ROAD MECHANICSBURG, PA 17055 DEFENDANT WAS NOT FOUND AT GIVEN ADDRESS. Sheriff's Costs: Docketing 18.00 Service 15.18 Not Found 5.00 Surcharge 10.00 .00 48.18 So answers Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 07/24/2003 Sworn and subscribed to before me this &t day of ~ JuoD A.D. P~o~honot ary ' GOLDBECK McCAFFERTY & McKEEVER BY: ,JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 -- THE BOURSE BLDG. 111 S. INDEPENDENCE I~IALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. LAURA M. DOLBY Mortgagor(s) 4809 East Trindle Road Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE TeFnl No. 03-2970-CIVIL TERM CERTIFICATE OF SERVICE JOSEPH A. GOLDBECK, JR. ESQUIRE hereby certifies that on ~'-~-~0~ he did serve upon Defendant(s) LAURA M. DOLBY a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated AUGUST 13, 2003. The undersigned understands that the statements heroin and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, BY: JOSEPH A. GO~/~BECK, JR. ESQUIRE SHERIFF'S RETURN - REGULAR CASE NO: 2003-02970 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS VS DOLBY LAURA M MICHAEL BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE DOLBY LAUPJt M DEFENDANT , at 1259:00 HOURS, at 4809 EAST TRINDLE ROAD MECHANICSBURG, PA 17055 by handing to POSTED ABOVE PREMISES PURSUANT TO COURT ORDER a true and attested copy of COMPLAINT - MORT FORE NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 25th day of August the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Posting 6.00 Surcharge 10.00 .00 42.28 Sworn and Subscribed to before me this 3~ day of ~~~ ~3 ~&%3 A.D. So Answers: R. Thomas Kline 08/26/2003 GOLDBECK M~~ & MC~~ 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 MANUFACTURERS AND TRADERS TRUST COIvIPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 VS, Plaintiff LAURA M. DOLBY (Mortgagor(s) and Record owner(s)) 4809 East Trindle Road Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 03-2970-CIVIL TERM ORDER FOR JUDGMENT Please enter Judgment in favor of MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE, and against LAURA M. DOLBY for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $18,736.14. Joseph~ Attorney foc I hereby certify that the above names are correct and that the ~ec ti'f e ysidence address of the judgment creditor is MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 and that the name(s) and last known address(es) of the Defendant(s) is/are LAURA M. DOLBY, 4809 East Trindle Road Mechanicsburg, PA 17055; GOLDBE~FERTY & McKEEVER BY: Josephl~A (r, qtdl~eck, Jr. Attorney fo~ain~iff~ ASSESSMENT OF DAMAGES TO THE.PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 01/16/2003 through 10/17/2003 $14,869.57 $1,633.50 Attorney's Fee at 0.0100% of principal balance $1,250.00 Late Charges $83.07 Costs of Suit and Title Search Escrow Balance Deficit $900.00 $0.00 ($o.oo) $18,736.14 AND NOW, this GOLDBEC~TY & ,2003 damages are assessed as above. McKEEVER Pro Pmthy c~.~ 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 Chat 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, LAURA M. DOLBY, is about unknown years of age, that Defendant's last known residence is 4809 East Trindle Road, Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Congress of 1940 and its Amendments~ Date: Civil Relief Action of In the Court of Common Pleas of Cumberland County MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 .Corporate Drive PTX B-35 Piano, TX 75024-3632 ¥5. LAURA M. DOLBY (Mortgagor(s) and Record Owner(s)) 4809 East Trindle Road Mechanicsburg, PA 17055 Plah~tiff Defendant(s) No. 03-2970-CIVIL TERM PRAEC1PE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY/NFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against LAURA M. DOLBY by default for want of an Answer. Assess damages as follows: $18,736.14 Debt Interest- 01/16/2003 to 10/17/2003 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred ~ ten days prior to the date of the Joseph A.~ ~ .,Jr. Attorney fo~ ~ I.D. #161~2 ' ~ AND NOW ~t,_~ ,.~ ,5 ~ f2rg~' V ment is entered in favor of MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE ~nd against LAURA M. DOLBY by default for want of an Answer and damages assessed in the sum of $18,736.14 as per the above certification. 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 THIS NOTICE: September 15, 2003 TO: LAURA M. DOLBY 4809 East Trindle Road Mechanicsburg, PA 17055 MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 VS. LAURA M. DOLBY CMortgagor(s) and Record Owner(s)) 4809 East Trindle Road Mechanicsburg, PA 17055 Plaintiff In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure No. 03o2970-CIVIL TERM Defendant(s) TO: LAURA M. DOLBY 4809 East Trindle Road Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTIt 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: LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17015 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ~~EVER ~ A G~olclbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - 'the Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Rule of Civil Procedure No. 2:t6 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. No. 03-2970-CIVIL TERM LAURA M. DOLBY (Mortgagors and Record Owner(s)) 4809 East Trindle Road Mechanicsburg, PA 17055 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgmem in the above-captioned matter has been entered against you. Curt Long Prothonotary Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck M¢Cafferty & McKeever Suite 5000 - Mellon Indc~pcndence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attome~ I.D,#16132 Sff~te 5000 - Mellon Independence Center. 701 Market SWeet Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 VS. Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW LAURA M. DOLBY Mortgagor(s) and Record Owner(s) 4809 East Trindle Road Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE No. 03-2970-CIVIL TERM Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AmountDue Interest from 01/16/2003 to 10/17/2003 at 14.5900% (Costs to be added) $18,736.14 Y & McKEEVER ALL THAT CERTAIN TI~ACT OF LAND SITUATE ON~,THE NORTH SIDE OF THE TRINDLE ROAD IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINN~ AT A POINT IN THE OLD CENTER LINE OF TIlE TRINDLE ROAD, WHICH POINT J~'S 135 FEET FROM THE wESTERN LINE OF PROPERTY OF EVERETT BURR AND E'rHEL GRACE BURR, HIS WIFE; THENCE WESTWARDLY ALONG SAID CENTER LINE AT THE TRINDLE ROAD 60 FEET TO A POINT, THE tINE OF PROPERTY OF BOYER; THENCE NORTIlWARDLY ALONG SAID LINE AND AT RIGHT ANGLES WITH TRINDLE ROAD 189 FEET TO A POINT; THENCE NORTHEASTWARDLY 136 FEET 6 INCHES TO A POINT; THENCE 14 FEET 10 INCHES TO A POINT, IN LINE OF PROPERTY FORMERLY OF BERTHA M. HERBINF_,, NOW OR EBERLY LUMBER CoMpANY; T~s:rqCE SOUTtUVq~ARDLY AND AT RIGHT ANGLES WITH TRINDLE ROAD 174 FEET TO A POINT; THENCE 't~_,STWARDLY ON A LINE PARALLEL WI~I'H THE TRINDLE ROAD 5 FEET; THENCE SOUTHV~ARDLY AND AT RIGHT ANGLES WITH THE TRINDLE ROAD 140 FEET TO A POINT ON THE OLD CENTER LINE OF THE TRINDLE ROAD, THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO STORY CONCRETE BLOCK DWELLING HOUSE. BEING A PORTION OF LOT NO. 9 ON THE PLAN OF LOTS OF CHARLES HERBINE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PI~qNSYLVANIA. THE ABOVE DESCRIBED TRACT OF LAND INCLUDES THE WESTERN 5 FEET OF ~ 10 FO°T DRIVEWAY WHICH EXTENDs NORTHWARDLY AND AT RIGHT ANGLES FROM THE NORTItERN LINE OF THE TRINDLE ROAD A DISTANCE OF 125 FEET, AND SUBJECT TO THE RIGtiT OF THE EBERLY LUMBER COMPANY,'ITS SUCCESSORS AND ASSIGNS, AS OWNER OF 'rite PROPERTY IMMF~F~IATELY ADJOINING ON THE EAST, TO USE ALL OF THE WIDq'~I OR SAID 10 FOOT DRIVEWAY FOR THE PURPOSE OF INGRESS, EGRESS AND REGRESS, TO THE REA~ OF THE APARTMENT HOUSE ERECTED ON SAID LAND OF THE EBERLY LUMI~ER COMPANY. ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03-2970 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE Plaintiff (s) From LAURA M DOLBY 4809 EAST TRINDLE ROAD MECHANICSBURG PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 4809 EAST TR1NDLE ROAD MECHANICSBURG PA (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 enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $18,736.14 L.L.$0.50 Interest FROM 1/16/03 TO 10/17/03 AT 14.5900% Atty's Comm % Due Prothy $1.00 Arty Paid $172.46 Plaintiff Paid Date: OCTOBER 23, 2003 Other Costs (Seal) CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name JOSEPH A GOLDBECK JR Address: STE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA PA 19106 Attorney for: PLAINTIFF Telephone: (215)627-1322 Supreme Court ID No. 16132 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 MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. LAURA M. DOLBY (Mortgagor(s) and Record Owner(s)) 4809 East Trindle Road Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-2970-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE, Plaintiff ia 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: 4809 East Trindle Road Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): LAURA M. DOLBY 4809 East Trindle Road Mechanicsburg, PA 17055 2, Name and address of Defendant(s) in the judgment: LAURA M. DOLIgY 4809 East Trindle Road Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE ~ Bureau of Child Support Enfmcemem Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 TOWNSHIP OF HAMPDEN 230 8. Sporting Hill Road Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: .5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiffhas knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 4809 East Trindle Road Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made m this affidavit are txue and correct to the best of my personal knowledge or /nformation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: October 17, 2003 (i'~'x) GOLDB~-~ERTY & McKEEVER BY: Joseph A Gotd~eck, Jr., Esq. Attomey fot~ 03-2970-CIVIL TERM GOLDBECK McCAFFERTY & MeKEEVER l~Y: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000- Mellon Independence Center 701 Market S~xeet Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plimtiff vs. LAURA M. DOLBY Mortgagor(s) and Record Owner(s) 4809 East Trindle Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-2970-CIVIL TERM 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: DOLBY, LAURA M. LAURA M. DOLBY 4809 East Trindle Road Mechanicsburg, PA 17055 Your house at 4809 East Trindle Road, Mechanicsburg. PA 17055 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 $18,736.14 obtained by MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE, the back payments, late charges, costs and reasonable attorney's fees due. To fred out how much you must pay call: 215-627-1322 03-2970-CIVIL TERM You may be able to stop the sale by f'ding 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 tin'ough 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may fred out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale 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 fred out if this has happened, you may call the Sheriffof 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the 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 flied with the Shariffwithin ten (10) days after the schedule of dislribntion 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. LEGALSERVICESINC 8IrvineRow Ca~isle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 4809 East Trindle Road Mechanicsburg, PA 17055 SOLD as the prop¢~y of LAURA M. DOLBY TAX PARCEL # 1022-0527- l 12 Jospeh A. Goldbeck, Jr. Attomey I.D. #16132 Suite 5000 - Mellon Independence Center. 701 Market S~'eet Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. LAURA M. DOLBY Mortgagor(s) and Record Owner(s) 4809 East Trindle Road Mechanicsburg, PA 17055 Defendant(s) 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 03-2970-CIVIL TERM CERTIFICATION AS TO 'l'l~; SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff m 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. JosephA(~k, Jr. Attorney ~'~ ' p~in~ff Manufacturers and Traders Trust Company In the Court of Common Pleas of As Indenture Trustee Cumberland County, Pennsylvania VS Writ No. 2003-2970 Civil Term Laura M. Dolby 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 30.00 Poundage 386.21 Levy 15.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 $ 452.71 paid by attorney 11 / 18/03 Sworn and subscribed to before me This /f day of At'~-~~,.~ 2003, A.D. ~/a.~. ~,4~ P~thonotary R. Thomas Kline, Sheriff Real Est~¢ Deputy GOLDBECK HcCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Ir. Attorney LD. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Ddve PT)( B-35 Piano, TX 75024-3632 VS. Plaintiff LAURA M. DOLBY (Hortgagor(s) and Record owner(s)) 4809 East Tfindle Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County No. 03-2970-CIVIL TERM PRAECIPE TO SETTLEr DIS¢ONTIFu'E AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE GOLDBECK McCAFFERTY & McKEEVER Attorney I.D. #16132 $'_'!teS000 -J~lelkm Ip~lel~ence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 Corporate Ddve PTX B-35 Piano, TX 75024-3632 VS. Plaintiff LAURA M. DOLBY (Mortgagor(s) and Record owner(s)) 4809 East Trindle Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County No. 03-2970-C]V[L TERN PRAECIPE TO SATISFY JUDgMeNT TO THE PROTHONOTARY: Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE