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Home My WebLink About99-05907??s??? ,. y a p??'i '?? ': i ?? ?e?11 ?'FY.i?V }1':?.x.?.: J ,?; x„? ?yL., 't fi ?g i ?? ? ?'x: Y?? ??.s _ :?. FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 _(215) 563-7000 NATIONSBANC MORTGAGE CORPORATION Plaintiff VS. ROBERT J. HOLSBERGER, JR. Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY . NO. 99-5907-CIVIL TERM VERIFICATION I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to ROBERT J. HOLSBERGER, JR. at 4206 ALLEN ROAD, CAMP HILL, PA 17011, and 5200 LAUREL ALNE, HARRISBURG, PA 17109 on JANUARY 21. 2000 in accordance with the Order of Court dated DECEMBER 27, 1999. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN,ESQUIRE Attorney for Plaintiff DATE: January 21. 2000 C-1 3 C)L; i ' cli LL. cG f/]CL .7 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215)563-7000 NATIONSBANC MORTGAGE CORPORATION Plaintiff Vs. ROBERT J. HOLSBERGER, JR. Defendants Attorney for Plaintiff COURT OF COMMON PLEAS . CIVIL DIVISION . Cumberland County No. 99-5907-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: January 11, 2000 ? O Z H LL'" N C. r r Y w" q 'zJ L EL ?-•• 1Z lbw y u a Ci k?! t 4, 3: Y brt1 FEDERMAN AND PHELAN, LLP BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 140C Philadelphia, PA 19103-1814 (215) 563-7000 Nationsbanc Mortgage Corporation V. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County Roberti. Holsberger, Jr. Defendant No. 99-5907 STATEMENT OF INTENTION TO PROCEED TO THE COURT: The above-referenced foreclosure action is protected by the automatic stay provisions of the Defendant, Robert J. Holsberger's Chapter 13 Bankruptcy filed on February 29, 2000 at Docket No. 00-00831 RJW in Middle District of Pennsylvania. Plaintiff intends to proceed with its above foreclosure action should the Defendant's Bankruptcy be dismissed or Plaintiff receives relief from the automatic stay. Date: 0 0 nom rman, Esquire Attorney for Plaintiff > n, - cam: - a -gin U FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 NATIONSBANC MORTGAGE CORPORATION 101 EAST MAIN STREET, SUITE 400 P.O. BOX 35140 LOUISVILLE, KY 40232-5140 V. Plaintiff ROBERT J. HOLSBERGER, JR. 4206 ALLEN ROAD CAMP HILL,PA 17011 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. #_ ,5907 CUMBERLAND COUNTY CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 7711S CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT BUT ONLY ENFORCEMENT OF A WEN AGAINST PROPERTY. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1. Plaintiff is NATIONSBANC MORTGAGE CORPORATION 101 EAST MAIN STREET, SUITE 400 P.O. BOX 35140 LOUISVILLE, KY 40232-5140 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT J. HOLSBERGER, JR. 4206 ALLEN ROAD CAMP HILL,PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 5/23/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ATLANTIC REGIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1384, Page 962. By Assignment of Mortgage recorded 2/19/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 569, Page 294. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 5/1/99 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." 6. The following amounts are due on the mortgage: Principal Balance $42,853.33 Interest 1,526.94 4/1/99 through 9/1/99 (Per Diem $9.98) Attorney's Fees 80000 Cumulative Late Charges 0,00 5/23/97 to 9/1/99 Cost of Suit and Title Search 550.(10 Subtotal 45,730.27 Escrow Credit 000 Deficit 183.15 Subtotal 183.15 TOTAL $45,913.42 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. 8. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $45,913.42 , together with interest from 9/1/99 at the rate of $9.98 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. s Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff JULY 29, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The Homeowner's Mortgage Assistance Program (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must meet with a consumer credit counseling agency within 30 days of the date of this notice. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll-free at 1-800-342-2397. (Persons with impaired hearing may call 717-780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Homeowner's Name(s) Robert J. Holsberger Jr. Property Address 4206 Allen Rd. Camp Hill Pa. 17011 Loan Account Number 0020963328, Original Lender: Atlantic v/^ I1?• Bank of America Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM You may be eligible for financial assistance that can save your home from foreclosure and help you make future mortgage payments. If you comply with the provisions of the homeowner's emergency mortgage assistance act of 1983 (the Act), you may also be eligible for emergency mortgage assistance: /f your default has been caused by circumstances beyond your control, if you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania housing finance agency. Temporary Stay of Foreclosure Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. This meeting must occur within the next 30 days. If you do not apply for emergency mortgage assistance, you must bring your mortgage up to date. The part of this notice named How to Cure your Mortgage Default explains how to bring your mortgage up to date. Consumer Credit Counseling Agencies If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. Application for Mortgage Assistance Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you h. ve 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 Assistance Program. To do so you must fill out, sign and file a completed Homeowner's Emergency Assistance Program application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to face meeting. You must file your application promptly. If you fail to do so or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately and your application for mortgage assistance will be denied. Agency Action Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During this time, not foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. Note: If you are currently protected by the filing of a petition in Bankruptcy, the following part of this notice is for information purposes only and should not be considered as an attempt to collect the debt. If you have filed bankruptcy, you may still apply for Emergency Mortgage Assistance. E's -, 1-j I IV W A How to Cure Your Mortgage Default -r -- Nature of the Default - The mortgage debt held by the above lender on your property located at: 4206 Allen Rd. is seriously in default because you have not made monthly mortgage payments for the following months and the following amounts are now past due: May 1999 $409.38 June 1999 $409.38 July 1999 $409.38 Other charges: $106.96 Total Amount Past Due: $1335.10 You have failed to take the following action: <action> (Do not use if not applicable) How to Cure the Default You may cure the default within thirty (30) days of the date of this notice by paying the total amount past due to the lender, which is $1335.10, plus any mortgage payments and late charges which become due during the thirty (30) day period Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: See address below. If you do not cure the default If you do not cure the default within thirty (30) days of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within thirty (30) days, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. If Mortgage is Foreclosed Upon The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attomey's fees will be added to the amount you owe the lender, which may also include other reasonable costs. if you cure the default within the thirty (30) day period, you will not be required to pay attorney's fees. , Other Lender Remedies The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. EXHIBITA Rioht to Cure the Default Prior to Sheriffs Sale If you have not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs 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 Sheriffs sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. Earliest Possible Sheriffs sale date It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. How to Contact the Lender Name of Lender: Bank Of America Mortgage Address: 101 E. Main Street Suite 400 Telephone Number: 1-888-915-6262 Fax Number: 1-502-566-5136 Contact Person: Malinda Lamb Effect of Sheriffs Sale You should realize that a Sheriffs Sale would end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. Assumption of Mortgage If you have any questions concerning the assumption of your loan, please call (1-888-915-6262). You may also have the right to: Sell the property to obtain money to payoff the mortgage debt or to borrow money from another lending institution to payoff this debt. Have this default cured by any third party acting on your behalf. Have the mortgage restored to the same position as if no default had occurred, if you cure the default. (However, you do not have the right to cure your default more than three times in any calendar year.) Assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. Assert any other defense you believe you may have to such action by the lender. Seek protection under the Federal Bankruptcy law. EXHIBIT A Consumer Credit Counseling Agencies Serving Your County: See attached list. 4AHIF31T,q Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) L/coming-Clinton Counties Commiss(on For Community Action (STEP) 2138 Lincoln Street P. 0. Box 1328 (8706p005d PA 1,703 FAX (570) 322.2197 CCCS of Yor4eastern Pk 201 Basin Street WU soosPOR PA 17703 (570) 323-6627 FAX (3,0)323-6626 31 W. Market Street POB U27 Vrdkes-Bare. PA 18702 (570) 821-0837 or(800)922.9537 FAX (570) 821.1785 CLMT0pl. V tY CCCS of Yarheaseern Pt 1631 S ?ltherton St Suite 10o State College, PA 16801 (814) 238.3668 FACC (814) 238.3669 COLL-MIA COUNTY CCCS of Northeastern Pennsvlvania 1400 Abington Execadve Park Suite 1 Clarks Summitt PA 18411 (570)587.9163 or (800) 922.9537 FAY (570) 587.91349135 Commisits on Economics Opportunity of Luzerne County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAY (570) 829.1665-CALL BEFORE FAMG (570) 455-4994 HAZELTON FAX (570) 455-5631-CALL BEFORE FA'X NG (570) 836.4090 TWi KHMNOCK Backer T. Washington Center 1720 Holland Street Erie, Pa 16503 (814) 453-5744 FAX (814) 453.5749 John F. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898.1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-175, Greater Erie Community Acdon Committee 18 West 9th Street Erie, P.416501 (814) 4594581 FAX (814) 456-0161 Shenango Valley Urban League. Inc 601 ladiana Avenue Farrell. PA 1611 (412) 981.5310 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762.3295 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717)234.5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717)232.9757 FAX (717)234.2227 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 .4.Y (717) 731.9589 Adams County Housing Authorir? 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 F1-Y (717) 334-8326 I ;XH31T A PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 ALL THAT CERTAIN piece or parcel of land, with the buildings and Improve. ments thereon ei-ected, situate in Lower Allen Township, Cumberland Count, Pennsylvania, and described according to a Plan of Property y made by 0. P. to Raff wit: sperger Associates, Registered Surveyor, dated June 22, 1981, as follows. . BEGINNING at a stake on the Northerly side of Allen Road (U.S.'Route 15, at' A corner of Lot No. 62, said point of beginning being measured along the said side of Allen Road in a Westerly direction, the distance of 254.85 feet from its point of intersection with the side of Locust Street; thence extending fromg said point of South So Webegitn.nthing distancegofh60Nfeetetoyasstakefatl ae^orner.of Lot No. d 60; rees 30 minutes along Lot No. extending 60, North 31 degrees 30 minutes West, the distance of 120 feet to a point, in line of Lot No. 79• thence extending along the Lot No. 79,..North 58 degrees 30 minutes East, the distance of 35.11 feet IR a point at a corner of Lot N the o. 430; thence extending partly along Lot No. 80, North 43 depgzrevs 06 tes Eest, along 2.S.82 f dograes a30.m1nutes nEastf the dlstancetofn12mi6 8nu6efeet9 to the first-mentioned point and place of BEGINNING. BEING shown as Lot No. 61, Plan of Tract No. 1, Cumberland Park, as recorded in Plan Book 4, page 86. BEING known and numbered as 4206 Allen Road. BEING the same premises which Ronald 0. Nason and Pavia J. Nason, his wife, by deed dated July 17, 1981 and recorded in the Office of the,Recorder of Deeds in and for Cumberland County, Pennsylvania, in Dead Book M, volume 29, page.517, granted and conveyed unto Jeffrey L. Beckley and Kathy J. Beckley, his wife. Grantors herein. BOOK L-:31. PAGE 71B :r, aAi1 44141FWJ 3.S04AIN01A hereby states that he/she is Assistant Vice President of NationsBanc Mortgage Corporation mortgage servicing agent for Plaintiff in this matter, that be/she is authorized to take this verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 1s Pa. C.S. Bee. 4904 relating to unsworn falsification to authorities. B. Scott Arnold Assistant Vice President , 101 DATE: I --L-2 -0 } CFF!';r r ,r r• ti ? .. '? J;'[ Fn..!t??F SEP Z7 33 h, ' LIB. s... : LV L.u :jl?U ? 0 CN 04 p Q? r p=• d ? O y G ?1 U B = . 4 C]C G ?G l7 C. N N Z to .1 [j ?? 0_i L• GJ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-05907 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSBANC MORTGAGE CORP VS. HOLSBERGER ROBERT J JR R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: HOLSBERGER ROBERT J JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within COMPLAINT - MORT FORE (REINSTATED) On December 7th, 1999 this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answe / Docketing 18.00 Out of County 9.00 Surcharge 8.00 omas ine, i Dep. Dauphin Co. 29.75 $75 FEDER & PHELAN 12/07/1999 Sworn and subscribed to before me this /1 a- day of V5 .,2" A.D. ??P r?t:'tT6no?y (?fftte Of t 4c Jii4rriff f Man Jane Sncder Ralph G. McAllister Real Estate Ik)xnp Chiel'Ikpuh William T. Tulh ( Michael W. Rinehart Solicitor Assismnt Cluet D:puty Dauphin County Harrisburg. Pennsylvania 17101 ph:(717)255-2660 Ihs:(717)255.2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania NATIONSBANC MORTGAGE CORPORATION County of Dauphin HOLSBERGER ROBERT J JR Sheriff's Return No. 2397-T - - -1999 OTHER COUNTY N0. 99-5907 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for HOLSBERGER ROBERT J JR the DEFENDANT named in the within REINSTATED COMPLAINT 6 NOTICE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, November 23, 1999 SPOKE TO ROBERT SR (FATHER) AND HE SAID THAT DEFT DOESN'T LIVE AT THIS ADDRESS, NEW ADDRESS IS 9206 ALLEN ROAD, CAMPHILL PA. Sworn and subscribed to before me this 1ST day of DECEMBER, 1999 So Answers, ??P°1c- Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff C"k4-1 0 &it Sheriff's Costs: ,a PD 1/19/1999 RCPT NO 130608 In The Court of Common Pleas of Cumberland County, Pennsylvania NationsBanc Mortgage Corporation VS. Robert J. Holsberger, Jr. No. 99-5907 Ci Now, 11/17/99 hereby deputize the Sheriff of 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r 2 Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff Sworn and subscribed before me this _ day of , 19 19 , at o'clock copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA M. served the the contents thereof. FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 NATIONSBANC MORTGAGE CORPORATION 101 EAST MAIN STREET, SUITE 400 P.O. BOX 35140 LOUISVILLE, KY 40232-5140 V. Plaintiff ROBERT J. HOLSBERGER, JR. 4206 ALLEN ROAD CAMP HILL,PA 17011 Defendant(s) TERM NO. 99 - S- eQ7 CUMBERLAND COUNTY CIVIL ACTION - LAW MORTGAGE FORECLOSURE TICE PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE J CARLISLE, PA 17013 (6? 06 t (717) 249.3166 0bwto'06a609 to 0006 (01L\ Oil to 04-10 ROO ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION 1. Plaintiff is NATIONSBANC MORTGAGE CORPORATION 101 EAST MAIN STREET, SUITE 400 P.O. BOX 35140 LOUISVILLE, KY 40232.5140 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT J. HOLSBERGER, JR. 4206 ALLEN ROAD CAMP HILL ,PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 5/23/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ATLANTIC REGIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1384, Page 962. By Assignment of Mortgage recorded 2/19/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 569, Page 294. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 5/1/99 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A" 6. The following amounts are due on the mortgage: Principal Balance $42,853.33 Interest 1,526.94 4/1/99 through 9/1/99 (Per Diem $9.98) Attorney's Fees 800,00 Cumulative Late Charges 0,00 5/23/97 to 9/1/99 Cost of Suit and Title Search 550.00 Subtotal 45,730,27 Escrow Credit 0,00 Deficit 183.15 Subtotal HLU TOTAL $45,913.42 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. 8. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $45,913.42, together with interest from 9/1/99 at the rate of $9.98 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff TRUE COPY FP,0,4A RECORD In Testimony v,licrcof, I luau unto set my hand and the seal of said Court it Carlisle, Pa. This ...9??..__ ddy of 19.... Op ...............ix? Prothonotary / !? JULY 29, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The Homeowner's Mortgage Assistance Program (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must meet with a consumer credit counseling agency within 30 days of the date of this notice. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll-free at 1-800-342-2397. (Persons with impaired hearing may call 717-780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLANIANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRANIA LLAMADO HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Homeowner's Name(s) Property Address Loan Account Number Original Lender: Robert J. Holsberger Jr. 4206 Allen Rd. Camp Hill Pa. 17011 0020963328 Atlantic Bank of America Mortgage HOMEOWNER'S EM?RGENCY MORTGAGE ASSISTANCE PROGRAM You may be eligible for financial assistance that can save your home from foreclosure and help you make future mortgage payments. If you comply with the provisions of the homeowner's emergency mortgage assistance act of 1983 (the Act), you may also be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, if you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania housing finance agency. Temporary Stay of Foreclosure Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. This meeting must occur within the next 30 days. If you do not apply for emergency mortgage assistance, you must bring your mortgage up to date. The part of this notice named How to Cure your Mortgage Default explains how to bring your mortgage up to date. Consumer Credit Counseling Agencies If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. Application for Mortgage Assistance Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and arc unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance Program. To do so you must fill out, sign and file a completed Homeowner's Emergency Assistance Program application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MAST be filed or postmarked within thirty (30) days of your face-to face meeting. You must flle your application promptly. If you fail to do so or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately and your application for mortgage assistance will be denied. Agency Action Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During this time, not foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. Note: If you are currently protected by the filing of a petition In Bankruptcy, the following part of this notice is for information purposes only and should not be considered as an attempt to collect the debt. If you have filed bankruptcy, you may still apply for Emergency Mortgage Assistance. How to Cure Your Mortease Drefault - Nature of the Default - The mortgage debt held by the above lender on your property located at: 4206 Allen Rd. is seriously in default because you have not made monthly mortgage payments for the following months and the following amounts are now past due: May 1999 $409.38 June 1999 $409.38 July 1999 $409.38 Other charges: $106.96 Total Amount Past Due: $1335.10 You have failed to take the following action: <action> (Do not use if not applicable) How to Cure the Default You may cure the default within thirty (30) days of the date of this notice by paying the total amount past due to the lender, which is $1335.10, plus any mortgage payments and late charges which become due during the thirty (30) day period. Payments must be made either by cash, cashier's check, certified cheq or money order made payable and sent to: See address below. If you do not cure the default If you do not cure the default within thirty (30) days of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within thirty (30) days, the lender also intends t0 instruct its attorneys to start legal action to foreclose upon your mortgaged property. If Morteaee Is Foreclosed Upon The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the thirty (30) day period, you will not be required to pay attorney's fees. Other Lender Remedies The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. EXFIIBITA Right to Cure the Default Prior to Sheriffs Sale If you have not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's 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 Sheriffs sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. Earliest Possible Sheriffs sale date It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. How to Contact the Lender Name of Lender: Bank Of America Mortgage Address: 101 E. Main Street Suite 400 Telephone Number: 1-888-915-6262 Fax Number: 1-502-566-5136 Contact Person: Malinda Lamb Effect of Sheriffs Sale You should realize that a Sheriffs Sale would end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. Assumption of Mortgage If you have any questions concerning the assumption of your loan, please call (1-888-915-6262). You may also have the right to: Sell the property to obtain money to payoff the mortgage debt or to borrow money from another lending institution to payoff this debt. Have this default cured by any third party acting on your behalf. Have the mortgage restored to the same position as if no default had occurred, if you cure the default. (However, you do not have the right to cure your default more than three times in any calendar year.) Assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. Assert any other defense you believe you may have to such action by the lender. Seek protection under the Federal Bankruptcy law. E)CHisITA Consumer Credit Counseling Agencies Serving Your County: See attached list. %HISITA Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5199) LYeaming-Cliaron Counties Commiaeioa For Commuaft, Action (STEP) 2138 Liaaoin Street P. 0. Box 1328 VraiOmspor PA 17703 (570) 326-0587 FAX (57 0) 322.219 7 CCCS of Nar4esatera PA. 201 Basin Street VrdHamaporL PA 17703 (570) 323.6627 FAX (5.0) 323.6626 92MON "INTYy CCCS of Narheastera PA 1631 S Athartan St Suite 100 State College, PA 16801 (814) 238.3668 FAX (814) 238.3669 COLUNML1. COL QTY CCCS of Nor')eastern Penasvlvania 31 W. Market Street 1400 Abington Executive Park FOB U27 PA 18702 Wilkes-Barre Suite 1 Clarks Sumair- PA 18411 . (570) 821-0837 or (800) 922.9537 (570) 587.9163 or (800) 922.9537 JX (570) 587.9133 /9135 F F-4X (570) 821.1785 . Cammisaian on Ecronomio Oppormn!ty of Luzerne Counts 163 Amber Lane W113tes-Bare. PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-CALL BEFORE FAXn4G (570) 455-4994 HAZELTON F4X (570) 455-5631--CALL BEFORE FAXING (S70) 8364090 TLNi M --1-NNCCA Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453.5744 FAX (814) 453.5749 Jahn F. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-04CO FAX (814) 898.1243 CCCS of Western Penmylvanis, Inc. 2000 Ling!esmwa Road Har-isburg, PA 17102 (717) 541.1757 Urban League of Ntet-opo!itaa H= mburd N. 6th Street Harrisburg, PA. 17101 IT 17)234-5925 FAX. (717) 234.9459 CRAWFORD COUNTY Greater Erie Communiry Ae=on COmmiree 18 West 9th Street Ere, PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango Valley Urban League. Inc 601 Indiana Avenue Farrell. PA 16121 (412)981.5310 CLMBEM-AND COLN,TY Fin2n,W Counseling Serrices of Frarddin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717)243.3818 FAX (717) 731.9589 Adams Countl Housing Authar(ry 139-143 Carlisle St Gettysburg, PA 17325 (717) 334.1518 F.jLX (717) 3344325 Community ACdan Comm of the Capital Region 1514 Derr; Street Hartvbur;, PA 17104 (711) 232.9757 FAX (717) 234.2227 ?;C?;186T A PENNSYLVANIA BULLETIN, VOL 29. NO. 23. JUNE S. MID M ALL THAT CERTAIN piece or parcel of land, with the buildings and Improve- ments thereon erected, situate in Lower Allen Township, Cumberland County, Pennsylvania, and described according to a Plan of Property made by 0. P. Ra"Co to wltsperger Associates, Registered Surveyor, dated June 22, 1981, as follows, to wit: BEGINNING at a stake on the Northerly side of Allen Road (U.S.•Route 15, at a corner of Lot No. 62, said point of beginning being measured along the said side of Allen Road in a Westerly direction, the distance of 254.85 feet from its point of intersection with the side of Locust Street; thence extending from said point of beginning and :tong the Northerly side of Allen Road, South Be deggroe& 30 minutes Nest, the distance of 60 feet to a stake at a ^crner of Lot No. 6Q•.thence extending along Lot No. 60, North 31 degrees 30 minutes West, the distance of 120 feet to a point, in line of Lot No. 79• thence extending along-the Lot No. 79,.,North 58 degrees 30 minutes East, the distance of 35.11 feet 0 a point at a corner of Lot No. G0; thence extending partly along Lot No. 80, North 43 dagrees 06 minutes East, the distance of 25.82 feet to a stake, at corner of Lot No. 62; thence extending along Lot No. 62, South 31 degrees 30 minutes 'East, the distance of 126.86 feet ' to the first-mentioned point and place of BED NNI NG. BEING shown as Lot No. 61, Plan of Tract No. 1, Cumberland Park, as recorded in Plan Book 4, page 86. BEING known and numbered as 4206 Allen Road. ' BEING the same premises which Ronald 0. Nason and Paula J. Nason, his wife, by deed dated July 17, 1981 and recorded in the Office of the.Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book M. Volume 29, page. 517, . granted and conveyed unto Jeffrey L. Beckley and Kathy J. Beckley, his wife. Granters herein. 6001( 531 PAGE 716 VERIFICATION hereby states that he/she is Assistant Vice President of NationsBanc Mortgage Corporation mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the beat of his/bar knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of IS Pa. C.B. Sec. 4904 relating to unsworn falsification to authorities ?QQ B. Scott Arnold Assistant Vice President DATE: q-23???1 13 1, D•• pFF??E StiEi:IF??i: cul'usH/ur l •,li'lIHCUI' 1. ,, ,. . t? t Iz- f C f) OFF;L'C. OF 1" ,'` OFF cC T I . I ^:CF SEP 38 SEP Z7 138 ?I fy9 j 114 c, '??? LI NI: •?? 'I c, PE, PL;; ;! >'?. U l.'d,a i! I A .72 J C7": _> w <,o - U n Qf O . d C l 6 a ;Soma 0. M g: C {yf17?ti- l J FEDERMAN AND PHELAN BY: Lisa D. Blankenburg, Esq. Atty. I.D. #78020 Ste. 900/Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 NATIONSBANC MORTGAGE CORPORATION VS. ROBERT J. HOLSBERGER, JR. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 99-5907-CIVIL ORDER AND NOW, this _• day of 1999, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s), ROBERT J. HOLSBERGER, JR. , by mailing a true and correct copy of the Complaint by certified mail and regular mail to the defendant's last known address and to the mortgaged premises at 4206 ALLEN ROAD, CAMP HILL, PA 17011. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit as to ths'mail BY RI 3 •J l 1 J -? FEDERMAN AND PHELAN ATTORNEY FOR PLAINTIFF BY: Lisa D. Blankenburg, Esq. Atty. I.D. #78020 Ste. 900/Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 NATIONSBANC MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. No. 99-5907-CIVIL ROBERT J. HOLSBERGER, JR. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Lisa D. Blankenburg, Esquire, moves this Honorable Court for an order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the defendant's last known address, and mortgaged premises at 4206 ALLEN ROAD, CAMP HILL, PA 17011 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with Complaint have been unsuccessful, as indicated by the Sheriff's Return of Service by the Sheriff's Office attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. _&Dl? Lisa-D:_ Bi cenburg, Esquire ATTORNEY F PLAINTIFF FEDERMAN AND PHELAN BY: Lisa D. Blankenburg, Esq. Atty. I.D. #78020 Ste. 900/Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 NATIONSBANC MORTGAGE CORPORATION VS. ROBERT J. HOLSBERGER, JR. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 99-5907-CIVIL OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriff's return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adootion of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, , local tax records, and motor vehicle records. As indicated by the attached Sheriff's Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good Faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail to the defendant's last known address. p ully submitted: Lisa D. Bla enburg, Esquire Attorney for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-05907 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSSANC MORTGAGE CORP VS. HOLSBERGER ROBERT J JR R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: HOLSBERGER ROBERT J JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE FORECLOSURE NOT FOUND as to the within named defendant HOLSBERGER ROBERT J JR RETURN NOT FOUND AS PER ATTORNEY, DEFT. COULD NOT BE LOCATED PRIOR TO EXPIRATION DATE. Sheriff's Costs: So answer Docketing 18.00 Service 18.60 NOT FOUND RETURN 5.00 Surcharge 8.00 , $-.U0 1FEDER 0/29 1999 PHELAN Sworn and subscribed to before me this day of 19 A.D. r DEC.17.1999 3:39PM SCUMB qQ SHERRIFFjRN - OUT OF CCUNTY M0.349 P. 1.2 CASE NO: 1999-05907 P COS NTYwOF CUUMBERPLANDSYLVA\'IA: NATIONSBANC MORTGAGE CORP vs. HOLSBBRGER ROBERT J JR EXHisf i A R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a dilige= search and inquiry for the within named defendant, t0 wit: HOLSEERGER ROBERT J JR but was ;enable to locate Him In his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within COMPLAINT - MORT FORS (REINSTATEDI On December 7th, 1999 , this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: so answer, Docke`ing 18.00 Out of county 9.00 Surcharge 8.00 A. PrZIC)Ir.a5 Dep. Dauphin Co. 29.75 NSA 12/07/1999 PHELAN Sworn and subscribed to before me this day o! 19 A. D. DEC.17.1999 3:39PM CUMB CO SHERRIFF (AiLB of orertf Man Jane Snvdcr Real Estate Deputy William T. Tully Solicitor (10.349 P.22 Ralph G. McAllister Chief NTuty Michael W. Rinehart Dauphin Coaaty Harrisburg, Pennsyl ania 17101 ph: (717) 253-2660 f4x: (717) 255.2889 Jack Lotwick Sheeff Commonwealth of Pennsylvania N;LTIONSBANC MORTGAGE CORPORATION vs County of Dauphin = HOLSBERGER ROBERT S JR Sheriff's Return 'F/1rlVL'Lf31y 7 1 A No. 2397-T_ - - -1999 OTHER COWTY NO. 99-5907 I, Jack Lotw'_ck, Sheriff of the county of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry fo: HOLSBER3ER ROBERT J JR the DEFENDANT named is the within REINSTATED COMPLAINT 6 NOTICS and that I am unabla to find him/her in the County of Dauphin, and therefore return same NOT FOUND, November 23, 1999' SPOKE TO ROBERT SR (FATHER) AND HE SAID THAT DEFT DOESN'T LIVE AT THIS ADDRESS, NEW ADDRESS IS 4206 ALLEN ROAD, CAN.PHILL PA. Sworn and subscribed to before me this 1ST day of DECEMBER, 1999 `", 07?ati"3 So Answers, ??W? Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff Ia Costs: ??- PD?11/19/2999 1???* 9 ACPT NO 130608 1416) PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 99.5907-CIVIL Attorney Firm: TRACK STARS Case Number: Subject: ROBERT J HOLSBERGER JR A.K.A.: None Last Known Address: 4206 ALLEN ROAD CAMP HILL, PA 17011 Last Known Number: (717) 645-7619 Michael K Gross, being duly sworn according to law, deposes and says: 1. 1 am employed in the capacity of President for Players National Locator. 2. On 11103/1999, 1 conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - /?.?? A. SOCIAL SECURITY NUMBER: 195-36-9066 CI -" ` 'O?T6 B. EMPLOYMENT SEARCH: ft77 O Unable to locate a good employer for Robert. C. INQUIRY OF CREDITORS: The creditors Indicated that Robert is living at 5200 Laurel Lane, Harrisburg, Pa. 17109 with a ii home phone number of 717-545-7619. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: ` The home phone number for Robert Holsberger is 717.645-7619 registered at 5200 Laurel Lane n sM , Harrisburg, Pa. 17109. Called the home number and spoke with Robert who confirmed he Is living !. at this address. INQUIRY OF NEIGHBORS - N/A Nx INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of November 1, 1999 the National Change of Address (NCOA) has no change for Robert from 5200 Laurel Lane, Harrisburg, Pa. 17109. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Robert listed at 5200 Laurel Lane, Harrisburg, Pa. 17109. ;y OTHER INQUIRIES - A. DEATH RECORDS: As of November 1, 1999 the Social Security Administration has no death record on file for Robert J Holsberger Jr under his social security number. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC. ): None Found /¢. COUNTY VOTER REGISTRATION: The Dauphin County Voters Registration Office has Robert listed at 6200 Laurel Lane, Harrisburg, Pa. 17109. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: 12147 AFFIANT Michael K Gross Players National Locator 16201 Westwoods Business Park Drive St. Louis, MO 63021 Phone: (314) 230-9922 Fax: (314) 230-0558 ti;43 f ' a JET' Jay, n?`y f ?J'J t `I? V E R I F I C A T I O N Lisa D. Blankenburg, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE COMPLAINT PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 20, 1999 Lisa D. Blank burg, Esquire Attorney for Plaintiff r _. r_. cc: 1. C• 00[Ot[t90[ ttl u019OLLL WB 'zl'IZZZwwI [I[I[[y W uonup tl [YILO NJ3131v1$'lN ? ? k1EC'2 ? FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215)563-7000 NATIONSBANC MORTGAGE CORPORATION Plaintiff VS. ROBERT J. HOLSBERGER, JR. Defendants Attorney for Plaintiff . COURT OF COMMON PLEAS . CIVIL DIVISION . Cumberland County . No. 99-5907-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: November 9. 1999 o}. G W IC.; LLLLi' _ U U r. _. f e j.. Li. ql ? CI L'+ J SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-05907 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSBANC MORTGAGE CORP VS. HOLSBERGER ROBERT J JR R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: HOLSBERGER ROBERT J JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE FORECLOSURE NOT FOUND as to the within named defendant HOLSBERGER ROBERT J JR RETURN NOT FOUND AS PER ATTORNEY, DEFT. COULD NOT BE LOCATED PRIOR TO EXPIRATION DATE. Sheriff's Costs: So answer Docketing 18.00 Service 18.60 NOT FOUND RETURN 5.00 Surcharge 8.00 m ine, ;Rn e $T-976U FEDERIJAN 1999 PHELAN Sworn and subscribed to before me this fy? day of .cau 19 C i A.D. C 4 7Ylc4Q<< iLCv? 41 a-eror-no aga3 r? FEDERMAN AND PHELAN ATTORNEY FOR PLAINTIFF BY: Lisa D. Blankenburg, Esq: Atty. I.D. #78020 Ste. 900/Two Penn Center Plaza Philadelphia, PA 19102 (2151 563-7000 NATION, NC MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County VS. No. 99-5907-CIVIL ROBERT J. HOLSBERGER, JR. CERTIFICATION I, LISA D. BLANKENBURG, ESQUIRE, hereby certify that a copy of the motion for Alternate Service has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. ROBERT J. HOLSBERGER, JR. 4206 ALLEN ROAD CAMP HILL, PA 17011 5200 LAUREL CIRCLE HARRISBURG, PA 17109 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities. ko--Z?? Lisa D. Bla enburg, Esquire Federman and Phelan Date: December 20. 1999 n? - ii. L.. gYp[LL900 M u OIWRLCOB 'wl'PYUlwinul tln?ry p uuwp Y calla ?M3131Y1TYM1' PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Bank of America, N.A. Plaintiff VS. Robert J. Holsberger Jr. Defendant(s) PRAECIPE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 99-5907 TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: ,- rancis S. Hallinan, Esquire Attorney for Plaintiff PHS# 31547 o LU ? O .1 o ? N