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Home My WebLink About03-4983 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 IN lHE COURT OF COMMON PLEAS W ACHOVIA BANK OF DELAWARE NA F/KJA FIRST UNION NATIONAL BANK One Old Country Road Suite 429 Carle Place, NY 11514 OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. 8 Peach Orchard Road Newville, PA 17241 Term ~ No. 03 - JjqPJ e iui( ltQr. CIVIL ACTION' POReCLOSUREMORTGAGE DAMON K. TURBY KAlHLEEN M. TURBY Mortgagor(s) and Real Owner(s) Defendant(s) THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court If you wish to defend against the claims set forth in the followins; pages, you must take action within twenty (20) days after the Complaint and notice are served. by entering a written appearance personally or by attorney and tiling in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you rail to do so the case may proceed without you and ajudgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights inIportant to you. YOU SHOULD TAKE nnSPOPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Cadisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENT ADAS. ES ABSOLUT AMENTE NECESSARIO QUE USTED RESPQNDA DENTRO DE 20 mAS DESPUES DE SER SERVIOO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGlSTRE CON LA CORTE EN FORMA ESCRlT A, EL PUNTO DE VISTA DE USTED Y CUALQUlER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES. LA COUTE PUEDE, SIN NOTIFICARIO. DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSffiLE QUE USTED PUEDA PERnER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO. LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS). (215) 238-6300. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlis!e,PA 17013 . , , - \ ........- --, ~~~'-"""---'-~-""-",,,-,~-,,~ '--~'.'-"'-"-- .--....--- ALL THAT CERTAIN tm:t or pllICF1 of Jand with the buildings and improvements thereon erected situate in Penn Township, Cumberland Co1lJ1tY, Pcnnaylvania. and bci.ag descl11led in accordanct: with a Map of Property made by StepheD G. Pislter. Registered Surveyor, dated February 18, 1983, as foUows: BEGINNING at a railroad spike set in or l1ear Peach Orchard Road (T-344), ine of lands now or late of Robert J... SpaJ1r; thence extending from said point of beBinni along Peach Orchard Road (1"-344), and alo.ne the last mentioned lands of Spabr. Nil 11 degrees 30 minuteS East, a m.taa.ce of 90.02 feet to a pJc. nail at or near the cenl lil18 af Peach Orchard Road (T --3+4) and ilt a comer at laAda now or tatll of Gabriel. Kohler and David Steigleman; theACe extending along the last mentioned lands of Stc1gI.eman, North 89 degrees 29 minutes 20 seconds East, a distance of 200.00 feet In iron pin set at a corner of lands 1IOW or late of Raben L. Spahr; '1le1'e~ exren4iDll all the last mentioned landl at Spahr, the followinB three counes and dis1:uJc:es; (1) Sou 06 degrees 36 ll1iJ1u~ Weit. a dista.ric:C= of 223.7rfellt to an Iroh ptl1~-(2T"Nbrtb. 8"2 -- degrees 23 minutes West. a distance of 81.83 feet to an ellisting iron pipe; and (3) Nil 41 degrees 05 mUlUtcs 20 second. West, a distance of 160.00 feet to a railroad spike in or near Peach Orchard Road (T-344), the Place of B:EGINNING. :_ CONT AlNINO 36,499.087 square feet. HA VING thereon erected a dwellina house known and numbered as 8 Peach Orchard Road. Newville. PA, 17241- o/g ~oj Attached to and forming part of Commitment No. 568176 J III 1111 :n1 :er a :0' ani th Drt! set ~ -, flomSq Z\\\\w\'. DF785 EXHIBIT A DAMON K TURBY 8 PEACH ORCHARD RD NEWVILLE, PA 17241 May 8, 2003 0005309546 NBRC 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 infonnation about the nature of the default i, provided in the attached pages. The HOMEOWNER'S EMERGENCY 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. VQU 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 aLe 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 (Person> with impaired hearin~ can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit COllnseling Agency may be able to help explain it. You may also waut to coutact au attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORT ANC1A, PUES AFECT A SU DERECHO A CONTINUAR V1VIENDO EN SU CASA. Sl NO COMPRENDE EL CONTENIDO DE EST A NOTIFIClON OBTENGA UNA TRADUCCION IMMEDIA T AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing Corporation is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. SEE LAST PAGE FOR ADDITIONAL IMPORTANT DISCLOSURES THIS NOTICE CONTINUES ON THE NEXT PAGE flomsq DF785 KATHLEEN M TlJRBY 8 PEACH ORCHARD RD NEWVILLE, PA 17241 May 8,2003 0005309546 NBRC ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort.gage 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 EMERGENCY 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, 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 A~encies serving your county are listed at the end of this Notice. If YOU have any questions, VOU may call the Pennsylvania Housing- Finance A~ency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. Yon may also want to contact an attorney in your area. The local har association may be able to help you find a lawyer. LA NOTIFICAlON EN ADJUNTO ES DE SOMA IMPORT ANCIA, PUES AFECT A SU DERECHO A CONTINUAR VlVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTlFlCION OBTENGA UNA TRADUCClON IMMEDlA T AMENTE LLAMANDO EST A AGENC1A (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NOMERO MENC10NADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDlMlR SU HIPOTECA. HomEq Servicing Corporation is a debt collector, HomEq is attempting to collect a debt and any information obtained will be used for that purpose. SEE LAST PAGE FOR ADDITIONAL IMPORT ANT DISCLOSURES THIS NOTICE CONTINUES ON THE NEXT PAGE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU M.A Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FQRECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . 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 the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-ta-facen meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE l'ART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES Ifyau attend a face-ta-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer counselintt agencies for the county in which your property is located are set forth at the end of this notice. It is necessary to schedule only onc face~to-face meeting. You should advise this lender/servicer immediatelv OfYOUT intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth Iatcr in this notice (see the fcHewing pages for specific information about the nature of your default). rfyou have tried and are unable to resolve this problem with the lender/servicer, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. 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 completed 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. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 3 NOTE: IF YOUA RE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 8 PEACH ORCHARD RD NEWVILLE, P A 17241 IS SERIOUSLY IN DEFAULT because: J. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the foHowing amounts are now past due: a) Number of Payments Delinquent: b) Delinquent Amount Due: c) Late Charges: d) Recoverable Corporate Advances: e) Other Charges and Advances: f) Less funds in Suspense: g) Total amount required as of (dne date): 3 $1,981.15 $406.35 $134.28 $$0.00 $214.19 $$2,307.59 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use ifnot applicable) HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDERlSERVICER, WHICH IS $1,981.15 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cashier's check.. certified check. or money order made payable to: Regular Mail HomEq Servicing Corporation P.O. Box 96012 Charlotte, NC 28296-0012 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use ifnot applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) days of this notice, the lenderlservicer intends to exercise its rights t(l accelerate the mort!j!:age debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full payment ofthe total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing Corporation also intends to instruct its attorneys to start a legal action to foreclose upon vaur morte:ae:ed property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lenderlservicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys' fees actually incurred up to 550.00. However, if legal proceedings are started against you, you will have to pay aJI reasonable attorneys' fees actually incurred even if they are over $50.00. Any attorneys' fees will be added to the amount you owe the lenderlservicer, which may also include other reasonable costs. If von cure the default within the THIRTY (30) DAY period, vou will not be required to pav attornevs' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer may also sue you personally for the unpaid principal balance and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, vou still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriffs Sale. You mav do so bv paving the total amount then past due plus any late charges. other charges then due, reasonable attomevs\ fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing bv the lenderlservicer and by performin~ any other requirements under the mortgage. Curing your default in tbe manner set forth in this Notice will restore your mortgage to tbe same position as if you had never defaulted. EARLIEST POSSIBI"E SHERIFF'S SALE DATE It is estimated that the earliest date that such Sheriffs sale could be held would be approximately five (5) months from the date ofthis notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. 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 lencler/servicer. HOW TO CONTACT THE LENDERlSERVICER BY TELEPHONE OR MAIL: Name of LenderlServicer Address Telephone Number: HomEq Servicing Corporation Attn: Account Research, Mail Code CA3345 P.O. Box 13716 Sacramento, CA 95853 1-866-577-8834 EFFECT OF SHERIFF'S SALE You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lenderlservicer at any time. ASSUMPTION OF MQRTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 YOU MAY ALSO HAVE THE RIGHT . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT; . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF; . TO HA VB 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 DEF AUL TS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR; . TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; . TO ASSERT A:"IY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDERlSERV1CER; OR . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE A TT ACHED TO THIS LETTER If you received a dis(;harge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to Doe or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Corporation THIS NOTICE CONTINUES ON THE NEXT PAGE Page 6 IMPORTANT DISCLOSURES Colorado Collection agencies are licensed by the Colorado Collection Agency Board, 1525 Sherman Street, 5th Floor, Denver, Colorado 80203. Please do not send payments to the collection agency board. Minnesota This collection agency is licensed by the Minnesota Department of Commerce. Nebraska Any credit insurance issued in connection with the loan contract may be canceled unless the borrower cures the default. New York City Collection Agency License: #1099500 - North HIghlands, CA (Main office) #1099501 - Raleigb, NC (Branch) #1099512 - Boone, NC (Branch) North Carolina North Carolina Department of Insurance Permit: #3677 - North HIghlands, CA (Main office) #3676 - Raleigb, NC (Branch) #3675 - Boone, NC (Branch) Tennessee This collection agency is licensed by the Collection Service Board, State Department of Commerce and Industry, 500 James Robertson Parkway, Nashville, Tenuessee 37243 olQ. N R ~ ~ \:i:. . ~ ~ liQ D kJ IN _I ..c: 0 ~ ~ ~ J , , . . (1. -'. ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-04983 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK OF DELAWARE VS TURBY DAMON K ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of - Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TURBY DAMON K the DEFENDANT , at 2100:00 HOURS, on the lst day of October 2003 at 8 PEACH ORCHARD ROAD -- NEWVILLE, PA l724l by handing to DAMON TURBY a true and attested copy of COMPLAINT - MORT FORE together with -' and at the same time directing His attention to the contents thereof. -, _'I ..........1 -, Sheriff's Costs: Docketing Service Affidavi t Surcharge 18.00 8.28 .00 lD.DD .00 36.28 So Answers: ~q~~~-,..<"./~~ R. Thomas Kline lO/02/2DD3 GOLDBECK MCCAFFERTY MCKEEVER ((),::r4~. ,;LtJz).3 A . D . C... Q~.~ ~thonotary , By: 4. /-Druti Sworn and Subscribed to before r.... me this 7 day of -. ----i I ........1 _I ~I . , SHERIFF'S RETURN - REGULAR CASE NO: 2003-04983 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK OF DELAWARE VS TURBY DAMON K ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE TURBY KATHLEEN M the DEFENDANT at 2100:00 HOURS, on the 1st day of October 2003 at 8 PEACH ORCHARD ROAD NEWVILLE, PA 17241 KATHLEEN TURBY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 l6.00 Sworn and Subscribed to before me this 1 if- day of (Ya.-L..- 2OV3 A.D. () u-- () )y,/p~" J ~ '-. If Prothonotary So Answers: .r~~~~ R. Thomas Kline . lO/02/2003 GOLDBECK MCCAFFERTY MCKEEVER By: - - ----J - - - - - ----J' .......... -' - .- .- .- "....; GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney J.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff W ACHOV1A BANK OF DELAWARE NA F/K1A FIRST UNION NATIONAL BANK One Old Country Road Suite 429 Carle Place, NY 11514 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION LAW DAMON K. TURBY KATHLEEN M. TURBY (Mortgagor(s) and Record owner(s)) 8 Peach Orchard Road Newville, PA 17241 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 03-4983 ORDER FOR JUDGMENT Please enter Judgment in favor of W ACHOVIA BANK OF DELA WARE NA F/K/ A FIRST UNION NATIONAL BANK, and against DAMON K. TURBY and KATHLEEN M. TURBY 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 'ho do, of ~,'" of ili, Co",,","', '" ili, "'"' 0"87,3748 L 0 Joseph 01 eck, Jr. Attorn )j for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is W ACHOVIA BANK OF DELA WARE NA F/K/ A FIRST UNION NATIONAL BANK One Old Country Road Suite 429 Carle Place, NY 11514 and that the name(s) and last known addressees) of the [l,i,:nd"'1l(,) ":ire D\\I( J\J !(. TlJRBY. 8 Peach O:clw,d R"<Id Nev, \ilk, PA 17c41 'ltld K\TIIUT\J M. "1 URBY, 8 Peach Orchard Road Ncwville, PA 17241; TO THE PROTHONOTARY: ASSESSMENT OF DAMAGES Kindly assess the damages in this case to be as follows: Principal Balance $65,231.26 Interest from 03105/2003 through 07/06/2005 $14,722.95 Reasonable Attorney's Fee $3,261.56 Late Charges $977.10 Costs of Suit and Title Search $900.00 Escrow Corporate Advance $2,025.96 $255.96 $87,374.81 AND NOW, this / ~ day of Jtt.l'j , 2005 damages are assessed as above. Pro Prothy ~ ~ VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. l. That the above named Defendant, DAMON K. TURBY, is about unknown years of age, that Defendant's last known residence is 8 Peach Orchard Road, NeWVille, PA l7241, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendmen Date: il(,lo'{ VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of l8 Pa. C.S. 4904 relating to unsworn falsification to authorities. l. That the above named Defendant, KATHLEEN M. TURBY, is about unknown years of age, that Defendant's last known residence is 8 Peach Orchard Road, Newville, PA l724l, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of Date:-:fI~/o) W ACHOVIA BANK OF DELA WARE NA FIKJA FIRST UNION NATIONAL BANK One Old Countzy Road Suite 429 Carle Place, NY 11514 In the Court of Common Pleas of Cumberland Cumberland County Plaintiff DAMON K. TURBY KATHLEENM. TURBY (Mortgagor(s) and Record Owner(s)) 8 Peach Orchard Road Newville, PA 17241 vs. No. 03-4983 Defendant(s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against DAMON K. TURBY and KATHLEEN M. TURBY by default for want of an Answer. Assess damages as follows: Debt $87,374.81 Interest - 03/05/2003 to 07/06/2005 Total 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. (Assessment of Damages attached) I certity 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, atter the default occurrcd d at least ten days Rrior to the date of the ,I ,;~ "'~' ,,- '.' i' ".:(,-ilc-:i R.CY .2_~-' i AND NOW --.J u~~ L:? , rJ/')A, ~ ,Judgment is entered in favor of W ACHOVIA BANK OF DELAW NA FIKJA FIRST UNION NATIONAL BANK and against DAMON K. TURBY and KATHLEEN M. TURBY by default for want of an Answer and damages assessed in the sum of $87,3 81 as per the above certification. ~ Rule of Civil Procedure No. 236 _ Revised W ACHOVIA BANK OF DELAWARE NA F/K/A FIRST UNION NATIONAL BANK One Old Country Road Suite 429 Carle Place, NY 1\ 514 IN THE COURT OF COMMON PLEAS OF Cumberland Cumberland COUNTY, PENNSYL VANIA CIVIL ACTION - LAW Plaintiff VS. No. 03-4983 DAMON K. TURBY KATHLEEN M. TURBY (Mortgagors and Record Owner(s)) 8 Peach Orchard Road Newville,PA 17241 Defendant( s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a jUdgment in the above-captioned matter has been entered against you. Curt Long ProthO.:A --Bv: OAO P.7f~ If you have any questions concerning the above, please contact: Deputy Joseph A. Goldbeck, Jr. (".:;~{~l i_'rk 'I('Caffu.Jy"~~ ~dcKe("cr Suite _~uu() -- l\ldiulllndcpcndcHce ('eIller 701 Market Street Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: DATE OF THIS NOTICE: June 4, 2004 KATHLEEN M. TURBY 8 Peach Orchard Road Newville, P A 17241 W ACHOVIA BANK OF DELA WARE NA FIKIA FIRST UNION NATIONAL BANK One Old Country Road Suite 429 Carle Place, NY 11514 In the Court of Common Pleas of Cumberland County YS. DAMON K. TURBY KATHLEEN M. TURBY (Mortgagor(s) and Record Owner(s)) 8 Peach Orchard Road Newville, PA 17241 Plaintiff CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 03-4983 Defendant(s) TO: KATHLEEN M. TURBY 8 Peach Orchard Road Newville, PA 17241 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIUS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAy BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAy OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PAl 70 J 3 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIA DON 2 Liberty Avenue Carlisle,PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia,PA 19106 215,(;27-1322 t ;c) (:) ~ ll:. 1- ~ C> .....' c.;;> 0 (' ~ () ;;- .~l -n c...<-\ -- C_ .--4 f .,- r- (,..J F! c.:: ..,___-n \" t--- !"llJ= - rl ,-:) ~ ~ W w ('~) ~ 1- Itr ~ ?<:". . ' ,-;,- - (-J /:l,) I .",\11 ~ ,~ . ....~9 <__J .~ '2:J. - o':~ ['" .~ c::: --< USBC PAM - LIVE - V2.6 - Docket Report Page 1 of 10 2002, CREDS, CLAIMS, 341Held, PlnCnfrmd, REINSTATED, SEVRD U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1 :03-bk-06180-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 10/20/2003 Damon Kirk Turby 8 Peach Orchard Road Newville, P A 17241 SSN: xxx-xx-0762 Debtor represented by Gary J Imblum Knupp Kodak and Imblum PC 407 North Front Street Harrisburg, PA 17101 717238-7151 Fax: 717 238-5258 Email: gary.imblum@verizon.net Kathleen M Turby 8 Peach Orchard Road Newville,PA 17241 SSN: xxx-xx-1560 TERMINATED: 01/10/2005 Joint Debtor Charles J. DeHart, III (Trustee) POBox410 Hummelstown, PA 17036 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, P A 17108 (7] 7) 221-4515 Asst. U.S. Trustee represented by Gary J Imblum, Esq Knupp Kodak & Imblum PC 407 N FRONT ST PO BOX 11848 HARRISBURG,PA 17108 717238-7151 Filing Date # Docket Text 10/20/2003 1 Chapter 13 Voluntary Petition Missing Summary of Schedules, Schedules A-J, Statement of Financial Affairs, Chapter 13 Plan, and Mai]ing Matrix. Filing fee due in the amount of$ 185.00 Fi]ed by Gary J Imblum Esq of Knupp Kodak & Imblum PC on beha]fof Damon Kirk Turby, Kathleen M Turby. (DP) (Entered: 10/20/2003) ] 0/20/2003 Receipt of Voluntary Petition Fi]ing Fee. Receipt Number 601 ]24 https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.p]?492]8]2] 0691602-L _ 82 _0-1 7/6/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 2 of 10 Fee Amount $ 185.00 (RE: related document(s)l). (DP) (Entered: 10/20/2003) 10/20/2003 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 12/11/2003 at 09:00 AM. (DP) (Entered: 10/20/2003) 10/31/2003 2 Schedules A-J , Statement of Disclosure of Compensation of Attorney for Debtor, Statement of Financial Affairs, Statement ofIntentions , Summary of Schedules Filed by Gary J Imblum Esq of Knupp Kodak & Imblum PC on behalf of Damon Kirk Turby , Kathleen M Turby (RE: related document(s)1.). (BR) (Entered: 11/03/2003) 10/31/2003 3 Matrix filed/Creditor List Uploaded Filed by Gary J Imblum Esq of Knupp Kodak & Imblum PC on behalf of Damon Kirk Turby , Kathleen M Turby (RE: related document(s)l). (BR) (Entered: 11/03/2003) 10/31/2003 '1 Chapter 13 Plan Filed by Gary J Imblum Esq of Knupp Kodak & Imblum PC on behalf of Damon Kirk Turby , Kathleen M Turby (RE: related document(s)l). (BR) (Entered: 11/03/2003) 10/31/2003 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 12/18/2003 at 09:00 AM. (BR) (Entered: 11/03/2003) 10/31/2003 5 Affidavit of disbursement of Trustee funds upon Dismissal and/or Conversion prior to confirmation Filed by Gary J Imblum Esq of Knupp Kodak & Imblum PC on behalf of Damon Kirk Turby , Kathleen M Turby . (BR) (Entered: 11/03/2003) 11/07/2003 Q Request to BNC - Meeting of Creditors. 341(a) meeting to be held on 12/18/2003 at 09:00 AM Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA Proofs of Claims due by 3/17/2004 (DP) (Entered: 11/07/2003) 11/09/2003 7. BNC Certificate of Mailing. Service Date 11/09/2003. (Related Doc # 6) (Admin.) (Entered: 11/12/2003) 11/09/2003 8 BNC Certificate of Mailing. Service Date 11/09/2003. (Related Doc # ()) (Admin.) (Entered: 11/12/2003) 12/19/2003 9 Request for Notices Filed by Jeff Szymendera on behalf ofWachovia Bank Of Delaware, N.A., Et AI. (BR) (Entered: 12/22/2003) 12/19/2003 10 Request for Notice under 2002 Filed by Alice Whitten on behalf of AmeriCredit . (BR) (Entered: 12/22/2003) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt. pl?492l8l2l 0691602- L _82_0-1 7/6/2005 ,USBC PAM - LIVE - V2.6 - Docket Report Page 3 of 10 12/19/2003 11 Certification of Tmstee that 341 Meeting of Creditors Held Filed by Charles J DeHart, III. (DP) Incorrect Event Used Modified on 1/5/2004 (JR). (Entered: 12/23/2003) 12/19/2003 12 Certification of Tmstee that 341 Meeting of Creditors Held Filed by Charles J DeHart, III . Last day to Object to Plan Confirmation 1/2/2004. (JR) (Entered: 01/05/2004) 01/05/2004 13 Motion to suspend payments for 2 months with concurrence of trustee. Filed by Gary J Imblum Esq of Knupp Kodak & Imb1um PC on behalf of Damon Kirk Turby , Kathleen M Turby . (BW) (Entered: 01/06/2004) 01/07/2004 14 Order Granting Motion to suspend payments (RE: related document (s)[13]). (BW) (Entered: 01/07/2004) 01/13/2004 15 Motion for Relief from Stay. Filing fee due in the amount of $ 150.00 Filed by Gary E McCafferty of Goldberg McCafferty and McKeever on behalf ofWachovia Bank of Delaware, National Association. (BW) (Entered: 01/13/2004) 01/13/2004 Receipt of Motion for Relief from Stay Filing Fee. Receipt Number 604101 Fee Amount $ 150 (RE: related document(s)[15] ). (BW) (Entered: 01/13/2004) 01/13/2004 16 Order (RE: related document(s)[15]). Answers are due on: 1/28/2004. Hearing scheduled for 2/4/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (BW) (Entered: 01/13/2004) 01/13/2004 17 Order Confirming Chapter 13 Plan (RE: related document(s)4, [12]). (BW) (Entered: 01/13/2004) 01/20/2004 18 Certificate of Service Filed by Gary E McCafferty of Goldberg McCafferty and McKeever on behalf of Wachovia Bank of Delaware, National Association (RE: related document(s)[15], [16]). (BW) (Entered: 01/21/2004) 01/21/2004 19 Answer Filed by Gary J Imblum Esq of Knupp Kodak & Imblum PC on behalf of Damon Kirk Turby , Kathleen M Turby (RE: related document(s)[15] ). (BW) (Entered: 01/22/2004) 02/04/2004 20 Proceeding Memo re hearing held, and continued at the request of both counsel, on Motion ofWachovia Bank for relief from stay. (RE: related document(s)[19], [15]). Hearing scheduled for 3/3/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (EW) (Entered: https://ecf.pamb.uscourts.gov/cgi -binlDktRpt.p1?49218121 0691602- L _82_0-1 7/6/2005 DSBC PAM - LIVE - V2.6 - Docket Report Page 4 of 10 02/04/2004) 02/06/2004 21 Objection to Claim 3 ofWachovia Ban1e Filed by Gary J 1mblum Esq of Knupp Kodak & 1mblum PC on behalf of Damon Kirk Turby , Kathleen M Turby . (BW) (Entered: 02/09/2004) 02/09/2004 22 Notice sent to counsel for mailing fixing answer/objection date (RE: related document(s)[2l]). (BW) (Entered: 02/09/2004) 02/19/2004 23 Certificate of mailing of notice sent by counsel Filed by Gary J 1mblum Esq of Knupp Kodak & 1mblum PC on behalf of Damon Kirk Turby, Kathleen M Turby (RE: related document(s)[2l], [22]). Objections due by 3/18/2004. (BW) (Entered: 02/20/2004) 03/03/2004 24 Proceeding Memo re: hearing held on Motion ofWachovia Bank for relief from stay. Stipulation to be filed within 30 days or proceeding will be dismissed without prejudice; (RE: related document(s)[19], [15]). Stipulation due 4/2/2004. (EW) (Entered: 03/03/2004) 03/17/2004 25 Answer Filed by Leslie Puida of Goldbeck McCafferty and McKeever on behalf of Wachovia Bank of Delaware, National Association (RE: related document(s)[2l]). (BW) (Entered: 03/18/2004) 03/17/2004 26 Certificate of Service Filed by Leslie Puida of Goldbeck McCafferty and McKeever on behalf ofWachovia Bank of Delaware, National Association (RE: related document(s)[25] ). (BW) (Entered: 03/18/2004) 03/22/2004 27 Notice to Parties: (RE: related document(s)[2l], [25]). Hearing scheduled for 4/19/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, P A. (BW) (Entered: 03/22/2004) 03/30/2004 28 Correspondence filed by Gary E McCafferty of Goldberg McCafferty and McKeever on behalf of Wachovia Bank Of Delaware, N.A., Et Al requesting that matter be re-listed for hearing as the parties have been unable to reach a settlement by stipulation. (RE: related document(s)[24] ). (JG) (Entered: 03/31/2004) 04/01/2004 22 Notice of Rescheduled (RE: related document(s)[24], [15], [20] ) Hearing scheduled for 4/19/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (BW) (Entered: 04/01/2004) 04/08/2004 3.1) Motion to Dismiss Case for material default and hearing notice to parties. Filed by Trustee. Hearing scheduled for 5/13/2004 at 02:00 https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?492l8121 0691602- L _82_0-1 7/6/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 5 of 10 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (dehart, IlI(ds), Charles) (Entered: 04/08/2004) 04/19/2004 n Proceeding Memo re: Hearing held. Stipulation be filed within 30 days. Late fee's will not be assessed on future payments. (RE: related document(s)22, [15]). Stipulation due 5/19/2004. (JG) (Entered: 04/19/2004) 04/19/2004 32 Proceeding Memo re Hearing held. Continued at the request of counsel. Both parties present. No further notice required. (RE: related document(s)[21], [25], 27). Hearing rescheduled for 5/24/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, P A. (JG) (Entered: 04/19/2004) OS/20/2004 33 Correspondence from Trustee re hearing. No appearance for debtor. Case to be dismissed hearing date 5/13/04 Filed by Trustee. (dehart, III(ds), Charles) (Entered: OS/20/2004) OS/21/2004 34 (Faxed) Correspondence Filed by Gary J Imblum Esq of Knupp Kodak & Imblum PC on behalf of Damon Kirk Turby , Kathleen M Turby requesting the hearing to be cancelled due to the pending dismissal of the case. (RE: related document(s)[21], [25], 27, 32). (DR) (Entered: OS/21/2004) OS/21/2004 35 Order Dismissing Case upon the Trustee's Motion to Dismiss Case for material default (RE: related document(s)30 ). (BW) (Entered: OS/21/2004) OS/23/2004 36 BNC Certificate of Mailing. Service Date OS/23/2004. (Related Doc # 35) (Admin.) (Entered: OS/24/2004) OS/27/2004 37 Final Report Filed by Trustee. (dehart, IlI(ck), Charles) (Entered: OS/27/2004) 06/02/2004 38 Motion to Reinstate Case with trustee concurrence. Filed by Gary J Imblum Esq of Knupp Kodak & Imblum PC on behalf of Damon Kirk Turby , Kathleen M Turby (RE: related document(s)35 ) . (BW) (Entered: 06/03/2004) 06/04/2004 32 Order Granting Motion To Reinstate Case (RE: related document(s) [38] ). (BW) (Entered: 06/04/2004) 06/06/2004 'tQ BNC Certificate of Mailing. Service Date 06/06/2004. (Related Doc # 32) (Admin.) (Entered: 06/07/2004) 06/07/2004 41 Notice to Parties: (RE: related document(s)[15] ). Hearing scheduled https://ecf.pamb.uscourts.gov/cgi -bin/DktRpt.pl?49218121 0691602- L _82_0-1 7/6/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 6 of 10 for 7/1412004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (Attachments: # I Certificate of Service) (BW) (Entered: 06/0712004) 06/07/2004 42 Notice to Parties: (RE: related document(s)[21]). Hearing scheduled for 7/1412004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (Attachments: # I Certificate of Service) (BW) (Entered: 06/07/2004) 07/14/2004 43 Proceeding Memo: Hearing held on Motion ofWachovia Bank of Delaware for relief from stay. Stipulated order to be submitted. (RE: related document(s)[19], [IS]). (EW) (Entered: 07/14/2004) 07/14/2004 44 Proceeding Memo: Hearing held on Debtors' Objection to Claim (#3) ofWachovia Bank. Objection to be withdrawn without prejudice. (RE: related document(s) [2 I], [25]). (EW) (Entered: 07/1412004) 07/1612004 45 Interim Order setting terms and conditions. (RE: related document(s) [15]). (Attachments: # 1 Certificate of Service) (BW) (Entered: 07/20/2004) 08/1012004 46 Motion to Dismiss Case for material default and hearing notice to parties. Filed by Trustee. Hearing scheduled for 9/9/2004 at 02:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, P A. (dehart, III( ds), Charles) (Entered: 08/1012004) 09/21/2004 47 Stipulation by debtor and Ch. 13 trustee Filed by Trustee (RE: related document(s)46). (Attachments: # I Proposed Order)(dehart, III(ds), Charles) (Entered: 09/2112004) 09/22/2004 18 Order approving Stipulation (RE: related document(s)47). (Attachments: # 1 Certificate of Service) (BW) (Entered: 09/2212004) 10/01/2004 49 Correspondence filed by Gary J Imblum Esq of Knupp Kodak & Imblum PC on behalf of Damon Kirk Turby, Kathleen M Turby requesting that matter be re-listed for hearing. (RE: related document (s)[21]). (JG) (Entered: 10/04/2004) 10/07/2004 ~O Notice to Parties: (RE: related document(s)[21], [25] ). Hearing scheduled for 11/8/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, P A. (Attachments: # 1 Certificate of Service) (BW) (Entered: 10/07/2004) 10/29/2004 ~J Certificate of Default Consent Order Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Wachovia Bank of Delaware, National Association (RE: related document(s)45 ). https:! /ecf.pamb.uscourts.gov/cgi-binlDktRpt.pl?492 I 8121 0691602-L _82_0-1 7/6/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 7 of 10 (Attachments: # 1 Proposed Order # 2 Notice Of Default# :1 Approved Stipulation) (Puida, Leslie) (Entered: 10/29/2004) 10/29/2004 52 Certificate of Service Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Wachovia Bank of Delaware, National Association (RE: related document(s)51). (Puida, Leslie) (Entered: 10/29/2004) 11/01/2004 53 Order granting relief from stay. (RE: related document(s)51, [15]). (Attachments: # 1 Certificate of Service) (BW) (Entered: 11/02/2004) 11/05/2004 55 Motion to Reconsider Order Filed by Gary J Imblum Esq of Knupp Kodak & Imblum PC on behalf of Damon Kirk Turby , Kathleen M Turby (RE: related document(s)~3 ) . (BW) (Entered: 11/09/2004) 11/08/2004 54 Proceeding Memo re Hearing held. Continued at request of creditor. Both parties present. No further notice required.(RE: related document(s)[21], 50). Hearing continued to 11/15/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, P A. (JG) (Entered: 11/09/2004) 11/09/2004 56 Notice to Parties: (RE: related document(s)55 ). Hearing scheduled for 11/15/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (Attachments: # I Certificate of Service) (BW) (Entered: 11/09/2004) 11/12/2004 57 Answer to Motion for Reconsideration Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Wachovia Bank Of Delaware, N.A., Et Al (RE: related document(s)55). (puida, Leslie) (Entered: 11/12/2004) 11/12/2004 58 Certificate of Service Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Wachovia Bank Of Delaware, N.A., Et Al (RE: related document(s)5'Z). (Puida, Leslie) (Entered: 11/12/2004) 11/12/2004 52 Amended Answer Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf ofWachovia Bank Of Delaware, N.A., Et Al (RE: related document(s)i5 ). (Attachments: # I Certificate of Service) (Puida, Leslie) (Entered: 11/12/2004) 11/15/2004 60 Proceeding Memo re Hearing held. Continued at the request of counsel. Both parties present. No further notice required. (RE: related document(s)[21], [25] ). Hearing continued to 12/6/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, P A. (JG) (Entered: 11/15/2004) https://ecf.pamb. uscourts.gov/cgi-binlDktRpt.pl?49218121 0691602- L _82_0-1 7/6/2005 .USBC PAM - LIVE - V2.6 - Docket Report Page 8 of 10 11/15/2004 61 Proceeding Memo: Hearing held. Motion granted. Order to be submitted reinstating stay. Debtor to make current thru November on stipulation with certified funds today. Movant can certify default on stipulation at any point going forward and stay will be automatically lifted. (RE: related document(s)55,;).6). (JG) (Entered: 11/15/2004) 12/06/2004 62 Proceeding Memo: Hearing held on Debtors' objection to claim of Wachovia Bank of Delaware. Settlement placed on record. Order to be entered. (RE: related document(s)[2l], [25]). (EW) (Entered: 12/07/2004) 12/07/2004 63 Interim Order setting terms and conditions. (RE: related document(s) 55, 61,;)1). (Attachments: # 1 Certificate of Service) (BW) (Entered: 12/07/2004) 12/07/2004 .64 Order that Debtors pay outstanding amounts due the Trustee or upon certification of default the case shall be dismissed. (RE: related document(s)[21],.62). (Attachments: # I Certificate of Service) (BW) (Entered: 12/08/2004) 12/17/2004 65 Certificate of Default Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf ofWachovia Bank Of Delaware, N.A., Et Al (RE: related document(s)64, [21] ). (Attachments: # 1 Proposed Order # 2 EXHIBIT A - Trustee Ledger# 3 Exhibit # '1 Certificate of Service) (Puida, Leslie) (Entered: 12/17/2004) 12/2712004 66 Objection to Certificate of Default Filed by Gary J Imblum Esq of Knupp Kodak & Imblum PC on behalf of Damon Kirk Turby, Kathleen M Turby (RE: related document(s)65). (JM) (Entered: 12/28/2004) 01/04/2005 67 Notice to Parties: (RE: related document(s)66 ). Hearing scheduled for 1/24/2005 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, P A. (Attachments: # 1 Certificate of Service) (BW) (Entered: 01/04/2005) 01/07/2005 68 Motion to Sever Chapter 13 Case. Filed by Gary J Imblum Esq of Knupp Kodak & Imblum PC on behalf of Kathleen M Turby (RE: related document(s)l) . (BR) Removed Debtor text per Docket Entry #69. Modified on 1/7/2005 (DP). (Entered: 01/07/2005) 01/07/2005 69 Corrective Entry Motion to sever is for the joint debtor Kathleen M Turby. (RE: related document(s)[68]). (BR) (Entered: 01/07/2005) 01/10/2005 70 Order Granting Motion to Sever Chapter 13 Case. Kathleen M Turby Terminated. (RE: related document(s)[68]). (Attachments: # 1 https://ecf.pamb. uscourts.gov/cgi-binIDktRpt.pl?49218121 069l602-L _82_0-1 7/6/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 9 oflO Certificate of Service) (BR) (Entered: 01/11/2005) 01/20/2005 11 Answer Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Wachovia Bank of Delaware, National Association (RE: related document(s)l'ili). (Attachments: # 1 Exhibit "A"# 2 Exhibit "B"# l Certificate of Service) (Puida, Leslie) Modified on 1/25/2005 to correct relationship from 55. (BW) (Entered: 01/20/2005) 01/21/2005 72 Corrective Entry Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Wachovia Bank of Delaware, National Association (RE: related document(s)66 ). (puida, Leslie) (Entered: 01/2112005) 01/2412005 73 Amended Corrective Entry Answer related incorrectly, should relate to entry 66 Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Wachovia Bank of Delaware, National Association (RE: related document(s)66 ). (puida, Leslie) (Entered: 01/24/2005) 01/2412005 74 Proceeding Memo: Hearing held on Wachovia Bank's certification of default and Debtors' answer thereto. Parties stipulated on recond that Trustee plan payments to be made by the end of each month for the term ofthe plan. Otherwise, Wachovia to give Debtors 15 days' notice to comply, or upon certification of default, stay will be lifted. (RE: related document(s)65, 6li). (EW) (Entered: 01/24/2005) 03/0812005 75 Motion to suspend payments to the Trustee for three months Filed by Gary J 1mblum of Knupp Kodak and 1mblum PC on behalf of Damon Kirk Turby (RE: related document(s)'l). (Attachments: # 1 Proposed Order) (lmblum, Gary) (Entered: 03/08/2005) 03/0912005 76 Order Granting Motion to suspend payments (RE: related document (s)75 ). (BW) (Entered: 03/09/2005) 04/20/2005 77 Certificate of Defaultfor Consent Order Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Wachovia Bank Of Delaware, N.A., Et Al (RE: related document(s)74, [15]). (Attachments: # 1 Proposed Order # 2 Notice Of Default# l Consent Order) (puida, Leslie) (Entered: 04120/2005) 04/20/2005 78 Certificate of Service Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Wachovia Bank Of Delaware, N.A., Et Al (RE: related document(s)71). (Puida, Leslie) (Entered: 04/20/2005) 04/21/2005 79 Answer to Wachovia's Certification of Default Filed by Gary J https://ecf.pamb. uscourts.gov/cgi-bin/DktRpt.pl?492 1 8121 0691602-L _82_0-1 7/6/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 10 oflO Imblum of Knupp Kodak and Imblum PC on behalf of Damon Kirk Turby (RE: related document(s)7:1). (Attachments: # 1 Exhibit A# 2 Exhibit B#:1 Proposed Order) (Imblum, Gary) (Entered: 04/21/2005) 04/26/2005 80 Notice to Parties: (RE: related document(s)77, 79). Hearing scheduled for 5/18/2005 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (Attachments: # 1 Certificate of Service) (BW) (Entered: 04/26/2005) 05/18/2005 81 Proceeding Memo re hearing held on Wachovia Bank of Delaware's Certificate of Default and Debtor's Answer thereto. Movant to submit proposed Order incorporating provisions set forth on the record for Court's signature. (RE: related document(s)77, 79, 80). (EW) (Entered: 05/19/2005) 06/10/2005 82 Certificate ofDefaultjor Consent Order Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Wachovia Bank Of Delaware, N.A., Et Al (RE: related document(s)45, [15] ). (Attachments: # 1 Proposed Order # 2 Notice Of Default# :1 Approved Consent Order) (puida, Leslie) (Entered: 06/10/2005) 06/10/2005 83 Certificate of Service Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Wachovia Bank Of Delaware, N.A., Et Al (RE: related document(s)82 ). (Puida, Leslie) (Entered: 06/10/2005) 06/24/2005 84 Order granting relief from stay (RE: related document(s)82). (BW) (Entered: 06/24/2005) I PACER Service Center I I Transaction Receipt I I 07/06/2005 15:50:20 I PACER ~a0060 I Client Login: Code: I :03-bk-06180-MDF Fil or Ent: Description: Docket Search Fil Doc From: 0 Doc To: Report Criteria: 99999999 Term: y Links: n Format: HTMLfint Billable DEJ10.48 I Pages: https://ecf.pamb. uscourts.gov/cgi-binlDktRpt.pl?492l8l2l 0691602- L _82_0-1 7/6/2005 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DAMON K. TURBY KATHLEEN M. TURBY Debtor(s) CHAPTER 13 W ACHOVIA BANK OF DELAWARE NA F/K/A FIRST UNION NA TIONAL BANK BK. NO. 1-03-bk-06180 MDF v. DAMON K. TURBY KATHLEEN M. TURBY and CHARLES J. DEHART Ill. Trustee ORDER AND NOW, upon the filing of a Certification of Default by the Moving Party in accordance with the Stipulation of the parties approved on July 16, 2004 it is ORDERED AND DECREED that: The Automatic Stay of all proceedings, as provided under Section 362 of the Bankruptcy Reform Act of 1978 (The Code) II U.S.C. Section 362, is modified to allow W ACHOVIA BANK OF DELAWARE NA F/K/A FIRST UNION NATIONAL BANK, and its successor in title to proceed with the execution process through, among other remedies but not limited to Sheriff's Sale regarding the premises 8 Peach Orchard Road Newville, PAl 7241 and a possessory action if necessary. The stay provided by Bankruptcy Rule 400 I (a) (3) has been waived. By tilt Com1, ~~Ji~ . an p JUd.ge (JK) This electronic order is signed and filed on the same date. Dated: June 24, 2005 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) . P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. AttorneyI.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff W ACHOVlA BANK OF DELAWARE NA F/K/A FIRST UNION NATIONAL BANK One Old Country Road Suite 429 Carle Place, NY 11514 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County VS. CIVIL ACTION - LAW DAMON K. TURBY KATHLEENM. TURBY Mortgagor(.) and Record Owner(.) 8 Peach Orchard Road Newville, PA 17241 ACTION OF MORTGAGE FORECLOSURE No. 03-4983 Defendant( s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 03/05/2003 to 07/06/2005 at 9.6500% $87,374.81 ((\":t,, !n be :idclcd) 7CJ ~ \ ~ t'-) (.,:) ..... 0 c~ ~ ~ ~.:~ =' -n tv ~ ..... w~ c..~ ~ ~ ~ ~...o 6"- ::-:, '--- t-'- p; -:--- 0- .~ Y- t 1I1 0 ~ lI'J 0 II'} o ~ () - ....... w \"" 0 D C D C- D c> ('" {"'- '~:u ~ ~ I , I - t: ;-0 -' ,n ~ ~ ~F ~- t w ) , , , , ~~ ('0.) , , , , 0:> t.>' c~ ~ -{- , , ~ , - , ~ - ~ l "" VJ 0:: - '" z ~ " CJ1 ~ 0 "= < ~ .... '" " ~ ~ "" !;U >'-l '" ~ ::0 '" " 'i:;' "" i~ " u~ ~ i:i \D Z "":><~ ~ '" ..; "" 0 ><: " ~ 0 a~o"g- ..:t:~ .~ ~'"O-- ~ ill " ,,~ :;s ~~ :>< 0"'- aJ .~ ~ob-~ ""O::N r...Si CfrVl<r:M "':;S ~:;;! ~""~ t- O ~ .D - 0",,_ "".,. "" .,.- 000 . Q t;; .... a: - ~ .....s..... I @ ~ U <Z ,,"::E~-5;;; o 0 dol ] C';j"t'-- ,...l0 '" r~ 0 t=;:::a:E~ ,,"'r.. ~- > . Z"O 1-0 " .,., ~ 0 ~ 0.. I ,,"00 0"" ~~"O..!l < 8 u= _V) Z~"''''''' yO 0_ ",< " :;S::E8"gN 0.... P'i~ '" 0 z~ oZ o~~~~ o " ih, "" It-] ~~ ~ ~ ~: z r.. 0 ~< "0 .,. 0 ~ ~ "'0 u o ~ "" .Do ~5 .... :s'" ~ 0 u r3 .~ =: < 6 ~ " .... - VJ 2::i > 0 "" =: u < ~ LONG DESCRIPTION ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected situate in Penn Township, Cumberland County, Pennsylvania, and being described in accordance with a Map of Property made by Stephen G. Fisher, Registered Surveyor, dated February 18, 1983, as follows: BEGINNING at a railroad spike set in or near Peach Orchard Road (T-344), in line oflands now or late of Robert L. Spahr; thence extending from said point of beginning, along Peach Orchard Road (T-344), and along the last mentioned lands of Spahr, North II degrees 30 minutes East, a distance of 90.02 feet to a p.k. nail at or near the center line of Peach Orchard Road (T-344) and at a comer of lands now or late of Gabriel H. Kohler and David Steigleman; thence extending along the last mentioned lands of Steigleman, North 89 degrees 29 minutes 20 seconds East, a distance of 200.00 feet to an iron pin set at a comer of lands now or late of Robert L. Spahr; thence extending along the last mentioned lands of Spahr, the following three courses and distances: (I) South 06 degrees 36 minutes West, a distance of223.71 feet to a iron pin; (2) North 82 degrees 23 minutes West, a distance of87.83 feet to an existing iron pipe; and (3) North 41 degrees 05 minutes 20 seconds West, a distance of 160.00 feet to a railroad spike set in or near Peach Orchard Road (T-344), the Place of BEGINNING. CONTAINING 36,499.087 square feet. HAVING thereon erected a dwelling house known and numbered as 8 Peach Orchard Road, Newville, PA,I7241. BEING THE SAME PREMISES which Damon K. Turby and Kathleen M. Turby, conveyed unto Damon K. Turby and Kathleen M. Turby, by deed dated 8/29/95 and recorded 9/26/95 in the Recorder's Office, in and fro the County of Cumberland, in Deed Book 128, at Page 826. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 8 Peach Orchard Road Newville, PA l7241 SOLD as the property of DAMON K. TURBY and KATHLEEN M. TURBY TAX PARCEL #31-13-0112-020 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-4983 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due W ACHOVIA BANK OF DELAWARE NA F/K/A FIRST UNION NATIONAL BANK, Plaintiff (s) From DAMON K. TURBY AND KATHLEEN M. TURBY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNlSHEE(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) Ifproperfy 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $87,374.81 Interest FROM 3/5/03 TO 7/6/05 AT 9.6500% L.L. $.50 Atty's Comm % Arty Paid $134.28 Plaintiff Paid Date: JULY 13, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Protho~ ~y: fM.17 I? 7J;!J?df'f.r-- Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Goldbeck M~Cafferty & McKeever BY: J<;5eph A. Goldbeck, Jr. Attorney LD. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WACHOVIA BANK OF DELAWARE NA FIK/A FIRST UNION NATIONAL BANK One Old Country Road Suite 429 Carle Place, NY 11514 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW DAMON K. TURBY KATHLEENM. TURBY (Mortgagor(s) and Record Owner(s)) 8 Peach Orchard Road Newville, PA 17241 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 03-4983 AFFIDAVIT PURSUANT TO RULE 3129 W ACHOVIA BANK OF DELAWARE NA F/KJ A FIRST UNION NATIONAL BANK, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 8 Peach Orchard Road Newville, P A 17241 I.Name and address of Owner( s) or Reputed Owner( s): DAMON K. TURBY 8 Peach Orchard Road Newville, P A 17241 KATHLEENM. TURBY 1,1 : iJ J ~L'''\' ,1ll'_ 1'. \ i : i 1 2. Name and address of Defendant(s) in the judgment: DAMON K. TUREY 8 Peach Orchard Road Newville, P A 17241 KATHLEEN M. TURBY 8 Peach Orchard Road Newville, PA 17241 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 ., C) ", = 0 ,:.: C"::l -" en '--- -;< c:: ni .,.., r".- r- -,:1 fTi 'J '~:;:.l W ~;::~ (') -.1", :r:-r~ >5 -r; ,~~"5 ( :;.~ CT , \_0 -( '" :'iJ co -< 03-4983 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. AttorneyI.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WACHOVIA BANK OF DELAWARE NA F/KlA FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS One Old Country Road Suite 429 of Cumberland County Carle Place, NY 11514 Plaintiff CIVIL ACTION - LAW vs. DAMON K. TURBY KATHLEENM. TUREY MortgagDr(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 8 Peach Orchard Road Newville,PA 17241 Term No. 03-4983 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: TURBY, DAMON K. DAMON K. TURBY R Peach Orchard R()2d Newville, PA 17241 Your house at 8 Peach Orchard Road, Newville, P A 17241 is scheduled to be sold at Sheriff's Sale on Wednesday, December 7,2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$87,374.81 obtained byWACHOVIA BANK OF DELAWARE NA FiKlA FIRST UNION NATIONAL BANK 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: I. The sale will be cancelled if you pay to WACHOVIABANK OF DELAWARE NA F/K/A FIRST UNION NATIONAL BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 03-4983 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of7l7-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LI=(j,\L SUZ VIlES IJ\C 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ~ " 0 ,.....) 0 ,,=> ~~-; = -n en .. <..... --. ..,.. c.: rii :c1 f'-'- C~ cj w C) ~:? i -'1'; C (-:~ en 'f? L__ ~- =2 '" :..0 CO .< 03-4983 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintitr WACHOVIA BANK OF DELAWARE NA F/K/A FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS One Old Country Road Suite 429 of Cumberland County Carle Place, NY 11514 Plaintiff CIVIL ACTION - LAW vs. DAMON K. TURBY KATHLEEN M. TURBY MDrtgagDr(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 8 Peach Orchard Road Newville, PA /7241 Term No. 03-4983 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: TURBY, KATHLEEN M. KATHLEEN M. TURBY (; t\.::::.,-'h Urchard j':\l,:ld Newville, P A 17241 Your house at 8 Peach Orchard Road, Newville, P A 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, December 7, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $87,374.81 obtained by W ACHOVIA BANK OF DELAWARE NA F/K/ A FIRST UNION NATIONAL BANK 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: I. The sale will be cancelled if you pay to WACHOVIA BANK OF DELAWARE NA F/K/AFIRST UNION NATIONAL BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 03-4983 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sherin's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of7l7-240-6390. 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 ofyauT property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff 0017-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, P A 17013 (") ~,;: c ,. ._,w ::::'":1 -< "" = C"'::') c.r> <--- ,-- p= o .. ---< I fn:::IJ r-- iT: o J~~ :..:---! ,.""- :-:.0 .< c...:> --"" \J.? 1') CO GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106-1532 215-627-1322 Attorne for Plaintiff WACHOVlA BANK OF DELAWARE NA F/K/A FIRST UNION NATIONAL BANK One Old Country Road Suite 429 Carle Place, NY 11514 MS-I133 CF: 09/18/2003 SD: 12/07/2005 $87,374.81 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE DAMON K. TURBY KATHLEEN M. TURBY Mortgagor(s) and Record Owner(s) Tenm No. 03-4983 8 Peach Orchard Road Newville, PA 17241 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (e) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) ~ ( ) ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). Certified mail by Sheriffs Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). ( ) Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). . Goldbeck, Jr) Plaintiff i.../ ~ r'I IT" IT" ..n U.S. Postal Service"" CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) rn t'- CJ t'- t'- t'- ..n rn U.S. Postal Service", CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) t'- t'- ..n rn ,PQstm~ Ho.. rn CJ CJ o Return Receipt Fee (Endorsement Required) o Restr1,-ted DelIVery Fee M (Endorsement Required) LrJ ru \ Yes rn CJ CJ ReM" Re,elpl Fee CJ (Endorsement Required) Certified Fee POstmark - 4~' ". CJ RestrictedDellveryFee 4-. 4 Z n (Endorooment Required) LrJ ru fly'- --11:-:5 .~. ':~\, ......../ ,2-t-1 Total Postage & Fees $ Total Postage & Fees $ 12/1 ':'13 =r- ~ CI CI t'- ;;;r CJ SMlJ~BY . DAMONI':, CJ t'- llin.ef,-'prNo.;"8---r-eac-h---Or-ctTaT-C---R"oa-cr---------------- ~"?"""'_N?:__.N.e.lOL\iill.e_.----P.A--._U2!t_L__________________. City, State, ZIP~4 8 Peach Orchard Roac llueef,AifNO';N---e--.w--v---l'-i-Te------p-A----T7ZliT---------.------------ or PO BOJC No. ' .J.. J... -' ~ ' CitY:Stai.;:zip:;4---.u-.--..----...---.-~.~._--.-.~-----.~--__n..._________...____._ PS Form 3600, June 2002 See Reverse for Instructions PS Form 1800 JIHli 2002 See Reverse for Instructions . Complete Items 1, 2, and 3. Also complete ~em 4 If Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece, Dr on the front if space permits. 1. Article Addressed to: D Agent D Addressee C. Date of Delivery Dyes DNa MS-113312/7 TURBY, KATHLEEN M. D Express Mall o Return Receipt for Merchandise DC.D.D. DYes 2. Article Number (lnln_trom -1IIboI) 10 ~lllmU~III~IIINIIIIIIWIIIIIUIlU I~I v79942S19888336777873 DomestJc Retum Receipt 102595--02.M-1540 . Complete ~ems 1, 2, and 3. Also complete ~em 4 If Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece. or on the front if space permits. 1. Article Addressed to: D Agent o Addressee C. Date 01 Delivery . ;lS-D~ DYes DNa MS-113312/7 TURBY, DAMON K. 8 Pellch Orchard Road Newville, PA 17241 3. Setvlce Type o Cerll!led Man D Express Man o RegJstered 0 Return Receipt for Merchandise o Insured Mail 0 C,O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (lnln- from setvlce label) PS Form 3811 , February 2004 11111111~1111.1111~lnlllmllllilll!11111111111111I1111I1111IIII~IIIII~IIJ I1II1 ..&. 7gg(125199QQ336776991. Domestic Return Receipt 102595-02-M-1540 ;,-:;- :I: -U ':i;i\ 9 s ~;xi ~. () ~ go ~ "''i ~,\110U\. ~ ,*-orTI ,~o.....z ~<.n:DO~ rHI;P5-&rn ~~-I{j), l::o:'rOS:'~' " '" z \::;:.' to Z z 0". cr 0 'ill ':? - u -<::I I: ,,{, g- r' ;:-. ';2tllY ~OO(ft ~()Cc S,,:::;(f}r~ "VI,) 0 <;, C.,;:,:"1-:;::C $ &. ~ s >< S. 1. ~ s.' 'i::z "',,~ C::, 7J, Y '" :;J v, ." 'c '< i'\ 3 ;~~~\ .\~~~l\' \~i\%i \~0~\\~\ % ~O'\ li1 \ ~\ ~ ",o.c ::; '4!:I: """c.::! 0 "'~ ,(; ~ +--;0-0 0 ctl.o ()')~ '-f 0:(1' Th~W- ~ ~ ~\ ~ ~ L', \ ~ ~, ~ ~ ~ ~ ~ ~\ ~ \~ \ Q,. (fl ~ \ ~ g?.~\ 2. q U\'1C.O ~ i ~ ~~. ~ ~ un 3\ ~ ~ \:l ~\ 'jl \ ~ \ ~ q a '\ \ \ \ % \\. ~ \i W \ \ .L1-\/\/I' " \ / \/\ //.'ri ln / III /1/ \ /';1'\ * / / / \\1 ~ ';,~: ~:~; 0N17E/).s'.J: L rilt:J-;,...,~ o r;o. 'Tl ~'lJ g o (fl $f \ _______ \ S l" ,f> J "' \----- .......---- 1 /\/ \/ ~J~\ ....Jt/ ./ ;~\ L ~ ------' ) > .' :5 z r -\ C -g '< 9' ~ ~ rn -Z S -\ C ~ -<. c;;~ '1t€. 0.", :l% . "'j; '!\~ ~"- ( ",j \..)'" "-<~ '%& ~'" o.C !'.~ -0-" ll"- --0 ~\ --o\-~ \% s 7}, (f) -n , 0 ::::;. 3 ts .... ~ ;-' -n !l- ~ 'C5 R, "'il '" "il ~ 9.- ~ U\ " o " % .. :l -< >< ." ~ ~ \\ c.. ~ F ~ ~ S l' g, '" !!, -u o ~ -u '" " ~\ ~\ m\ en' .. '-"\ N\ ~ \or=~~b~ !~;~Wtl ~\!!"",on~ "'"OTt1o"",\5: \~:. * )>V..\ ~ _ ~ 0 )> "0;0 - j1; )>Tt1 (f> $' m ~ \t ~ , \ , ---- L \ \ ,~ ---- 1ft " " "tl ~ ~ ~ 1; ~ 1ft ~ ~ " 3 " ~ o " ~ <: " ~ '" '" -.....-- o ~\t 0'" 0,% o~ ~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-825-6320 Attorney for Plaintiff W ACHOVIA BANK OF DELAWARE NA FIKI A FIRST UNION NATIONAL BANK One Old Country Road Suite 429 Carle Place, NY 11514 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW VS. ACTION OF MORTGAGE FORECLOSURE DAMON K. TURBY KATHLEENM. TURBY MortgagDr(s) and Record Owner(s) Term No. 03-4983 8 Peach Orchard Road Newville,PA 17241 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 W ACHOV1A BANK OF DELAWARE NA FfK/ A FIRST UNION NATIONAL BANK, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 8 Peach Orchard Road Newville, PA 17241 I.Name and address of Owner(s) or Reputed Owner(s): DAMON K. TUREY 8 Peach Orchard Road Newville, PA 17241 KATHLEEN M. TUREY 4096 Cypress Road AptB Harrisburg, PA 17112 2. Name and address ofDefendant(s) in the judgment: DAMON K. TUREY 8 Peach Orchard Road Newville, PA 17241 KATHLEEN M. TURBY 4096 Cypress Road AptB Harrisburg, P A 17112 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 Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: FIRST UNION NATIONAL BANK OF NORTH CAROLINA Cons-1403 61 30 I S. College Street Charlotte, NC 28288 PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street PO BOX 15057 Harrisburg, PA 17101 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 8 Peach Orchard Road Newville, PA 17241 <attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are ma, de subject to the penalties D~18 pa,' <{S. Section,4904 relating to unsworn falsification to authorities. , i // . 'I ' i 1 l' i L ii, )' " ,., i " 9/('I./,/;'~, (1/I:(I/xl; o CK cCAFFERTY & McKEEVER Y: JosephA/Goldbeck, )l, Esq. Attorney fo/'Plaintiff V V --------- DATED: November 9, 2005 ~ r-' c_:~ <':,.,. ..;/', -..... (~~ ,., -., C) -n --} ~' :\ 1;.- --~ -. c~"? -, ':? .-, \.0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Wachovia Bank of Delaware NA fka first Union National Bank is the grantee the same having been sold to said grantee on the 7th day ofDec AD., 2005, under and by virtue ofa writ Execution issued on the 13th day of Julv, AD., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 4983, at the suit ofWachovia Bank of Delaware NA fka First Union Natl Bk against Damon K Turbv & Kathleen M is duly recorded in Sheriffs Deed Book No. 272, Page 3181. IN TESTIMONY WHEREOF, I ha~ereunto set my hand and seal of said office this (lJ" day of L1- ' AD. d(J/!J( / ecorder of Deeds R~ der of s, Cumberla!ld COunty, Carlisle, PA My Comm" ion Expires the First Monday of Jan..2fJ8&. alG/c Wachovia Bank of Delaware NA f/kIa First Union National Bank VS Damon K Turby & Kathleen M Turby The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4983 Civil Term Bryan D Ward, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 15,2005 at 7:18 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Damon K Turby, by making known unto Damon K Turby, personally, at 8 Peach Orchard Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendant, to wit: Kathleen M. Turby, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale, and Description according to law. Dauphin County Return: And Now: October 14, 2005 at 2:03 pm served the within Real Estate Writ, Notice and Description upon Kathleen M. Turby by personally handing to Kathleen M. Turby, defendant, one true attested copy of the original Real Estate Writ, Notice and Description and making known to her the contents thereof at 4096 Cypress Road, Apt. B, Harrisburg, PA 17112. So answers: 1. R. Lotwick, Sheriff of Dauphin County, Pennsylvania. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 13,2005 at 11 :52 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Damon K. Turby and Kathleen M. Turby located at 8 Peach Orchard Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Damon K. Turby, by regular mail to his last known addresses of 8 Peach Orchard Road, Newville, P A 17241. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Kathleen M. Turby, by regular mail to her last known addresses of 4096 Cypress Road, Apt. B, Harrisburg, PA 17112. This letter was mailed under the date of November 01, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 7, 2005 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Joseph Goldbeck for Wachovia Bank of Delaware NA f/k1a First Union National Bank. It being the highest bid and best price received for the same, Wachovia Bank of Delaware NA f/kla First Union National Bank of One Old Country Road, Suite 429, Carle Place, NY 11514, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,192.21. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Joumal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $30.00 23.38 15.00 15.00 30.00 10.00 .50 1.00 21.12 3.10 15.00 30.00 1.11 479.00 386.36 20.89 25.00 39.50 $ 1,192.21 Sworn and subscribed to before me , .~? -{ ~..-< /~ 2006, A.D. ~ R. Thomas Kline, Sheriff BY <J{)~(h('vujt Real Estate rgeant ~~ '} leU c;D ~/() / ), V{.. 5'''< 37 ') o'fu... 113~~\ " Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney 1.0. #16132 Suite 5000 - MelJon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff W ACHOVlA BANK OF DELAWARE NA F/KJ A FIRST UNION NATIONAL BANK One Old Country Road Suite 429 Carle Place, NY 11514 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff YS. CIVIL ACTION - LAW DAMON K. TURBY KATHLEENM. TURBY (Mortgagor(s) and Record Owner(s)) 8 Peach Orchard Road Ncwville, PA 17241 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 03-4983 AFFIDAVIT PURSUANT TO RULE 3129 W ACHOV1A BANK OF DELAWARE NA FIK! A FIRST UNION NATIONAL BANK, PlaintitT in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 8 Peach Orchard Road Newville, PA 17241 l.Name and address ofOwuer(s) or Reputed Owuer(s): DAMON K. TURBY 8 Peach Orchard Road Newville,PA 17241 KATHLFENM. TURBY :-: iJ<, 11 c: .;;\-c I Pi"d ;\C\\\ ijjC, 1'. \ 1,'2-11 2. Name and address of Defendant(s) in the judgment: DAMON K. TURBY 8 Peach Orchard Road Newville, P A 17241 KATHLEEN M. TURBY 8 Peach Orchard Road Newville, P A 17241 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, P A 17013 P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, P A 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: flRST UNION NATIONAL BANK OF NORTH CAROLINA COIls-14036l 301 S. College Street Charlotte, NC 28288 PENNSYL VANIA HOUSING FINANCE AGENCY 211 North Front Street PO BOX 15057 Harrisburg, PA 17101 5. Name and address of every other person \\'ho has any record interest in or record lien on the property and whose interest may be affected by the salc: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the salc. TENANTS/OCCUP ANTS 8 Peach Orchard Road Newville, P A 17241 I verify that the statements made in this affidavit arc true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. GOLD DATED: July 6,2005 I 03-4983 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suitc 5000- Mellon lndcpendence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff W ACHOVlA BANK OF DELA WARE NA F/K/ A FIRST UNION NATIONAL BANK One Old Country Road Suite 429 Carle Place, NY 11514 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW VS. DAMON K. TURBY KATHLEEN M. TURBY MDrtgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 8 Peach Orchard Road Newville, PA 17241 Tenn No. 03-4983 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: TURBY, DAMON K. DAMON K. TURBY oS Peach Orchard R08d Newville, PA 17241 Your house at 8 Peach Orchard Road, Newville, P A 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, December 7,2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$87,374.81 obtained byWACHOYlA BANK OF DELAWARE NA F/KlA FIRST UNION NATIONAL BANK 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 W ACHOVlA BANK OF DELAWARE NA F/KlA FIRST UNION NATIONAL BANK, the back payments, late charges, costs and reasonable attomey's fees due. To find out how much you must pay call: 215-627-1322 03-4983 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through othcr legal proceedings. You may need an attomey to assert your rights. The sooner you contact onc, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to thc highest bidder. You may tind out the price bid price by calling the Shcriff of717-240-6390. 2. You may be able to petition the Court to Set aside the sale if the bid price was grossly inadequate compared to the value afyaur property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To tind out if this has happened, you may call the Shcriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a dccd 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 tor your house will be filcd by the Sheriff within thirty (30) days trom the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) arc filed with the Sheritlwithin ten (to) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act inunediately 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. l.l.GAL SL!ZVILES INL 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, PA 17013 SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES; 8 Peach Orchard Road Newville, PA l724l SOLD as the property of DAMON K. TURBY and KATHLEEN M. TURBY TAX PARCEL #31-13-0112-020 03-4983 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck., Jr. Attomeyl.D.#16132 Suite 5000- Mellon Independence Center 70 I Market Strcet Philadelphia, PA 19106 215-627-1322 Attorney for Plaintitf W ACHOVIA BANK OF DELAWARE NA F/K/ A FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS One Old Country Road Suite 429 of Cumberland County Carle Place, NY 11514 Plaintiff CIVIL ACTION - LAW vs. DAMON K. TURBY KATHLEEN M. TURBY Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 8 Peach Orchard Road Newville, P A 17241 Term No. 03-4983 Defendant(s nns LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATn:MPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TURBY, KATHLEEN M. KATHlEE~M.TURBY :.; i\::,!l (\rchHd i',,:-:.1(! NeWVille, P A 17241 Your house at 8 Peach Orchard Road, Newville, P A 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, December 7, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$87,374.81 obtained byWACHOVIA BANK OF DELAWARE NA FIKlA FIRST UNION NATIONAL BANK 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 WACHOVIA BANK OF DELAWARE NA FIKlA FIRST UNION NATIONAL BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 " 03-4983 2. You may be able to stop the sale by filing a petition asking the Court to strike or openjudgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may tind out the price bid price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the o\\tller of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Salc. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within (en (10) days after the schedule of distribution is tiled. 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. I.I:GAL SERVICES fNC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, PA 17013 . . LONG DESCRIPTION ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected situate in Penn Township, Cumberland County, Pennsylvania, and being described in accordance with a Map of Property made by Stephen G. Fisher, Registered Surveyor, dated February 18, 1983, as follows: BEGINNING at a railroad spike set in or near Peach Orchard Road (T-344), in line of lands now or late of Robert L. Spahr; thence extending from said point of beginning, along Peach Orchard Road (T-344), and along the last mentioned lands of Spahr, North II degrees 30 minutes East, a distance of 90.02 feet to a p.k. nail at or near the center line of Peach Orchard Road (T-344) and at a comer of lands now or late of Gabriel H. Kohler and David Steigleman; thence extending along the last mentioned lands of Steigleman, North 89 degrees 29 minutes 20 seconds East, a distance of 200.00 feet to an iron pin set at a comer of lands now or late of Robert L. Spahr; thence extending along the last mentioned lands of Spahr, the following three courses and distances: (1) South 06 degrees 36 minutes West, a distance of223.71 feet to a iron pin; (2) North 82 degrees 23 minutes West, a distance of 87.83 feet to an existing iron pipe; and (3) North 41 degrees 05 minutes 20 seconds West, a distance of 160.00 feet to a railroad spike set in or near Peach Orchard Road (T -344), the Place of BEGINNING. CONTAINING 36,499.087 square feet. HAVING thereon erected a dwelling house known and numbered as 8 Peach Orchard Road, Newville, PA,17241. BEING THE SAME PREMISES which Damon K. Turby and Kathleen M. Turby, conveyed unto Damon K. Turby and Kathleen M. Turby, by deed dated 8/29/95 and recorded 9/26/95 in the Recorder's Office, in and fro the County of Cumberland, in Deed Book 128, at Page 826. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 8 Peach orchard Road Newville, PA 1724l SOLD as the property of DAMON K. TOREY and KATHLEEN M. TOREY TAX PARCEL #31-13-0112-020 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 03-4983 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK OF DELAWARE NA F/K/A FIRST UNION NATIONAL BANK, Plaintiff (s) From DAMON K. TURBY AND KATHLEEN M. TURBY (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARN1SHEE(S) as follows: and to notify the gamishee(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 $87,374.81 Interest FROM 3/5/03 TO 7/6/05 AT 9.6500% L.L. $.50 Atty's Comm % Atty Paid $134.28 Plaintiff Paid Due Prothy $1.00 Other Costs Date: JULY 13, 2005 CURTIS R. LONG (Seal) ProthonoJ9jY '-- By: .Pf-1o~p _p ~cY?n/v.r-- Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale #20 On September 0 I, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, P A Known and numbered as 8 Peach Orchard Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01, 2005 By:J()rh{JvvU1~ Real Estate Sergeant r.--, 1..:_ l~. c.'<. CJ .:=J _on, :..:-') ~, => ~ - I::\ri) c:w l::) $ Q;;;J . " . -4 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16. 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of bus mess at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and publishcd in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2005. That neither he nor said Company is interested in the subject matter of SaId printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY ;~;;;;;;;;;;;~ r;" ,;;;; ;;;i~~=~;;"";AD ~rerry L. Russell, Nota . City ot Horrisburg, Doup~ Puc bile My Commission -. n ounty pires June 6 2006 ~lbf]r, PGllflsyivQ l1lAsso l" ' ~ t;Z"Z; ~ /~;;;;~t-1 NOT Y PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 REAL ESTATE SALe No. 2Q Writ No.ltU 1113 CMITenn WachDVta Bank of 081_ NA f/ . lrIa FIrat Union NllIIonaI Bank / Va Damon K. Turby & Kathleen M. Turby Ally: Joaaph A. Goldbeck, Jr. DESCRIPTION AlL mAT GERTt\IN tract or parcel of land with the buildings ,and improvements thereon erected situate in J,}mn Townsbip, Cumberland COUJl.ty, Pennsylvattia. and being described in accordance with a Map of Property made by Stephen G. Fisbtt, Rtgistered S""eyor, dated February 18, 1983, as follows: BEGINNING at a railroad spike set ill or near Peocb Dr<barl! Rood (T-J44), in line of lands now or1ateofRobertL.Spahr;theoceextendingfrom said point of beginning,. along Peach ~ Rood (T-J44), and along the last mentiOlted funds of Spahr, North II degrees 30 minutes East, a distance of 90.02 feetm a p.k. nail at or near the con'" Iin, of Pooch Orchard Road (T-J44) and at a comer of lands now or late of Gabriel H. K/:lhler and David Steigleman; tbencc exteDding along the last: mentioned lands of Steigleman. North 89 degrees 29 minutes 20 seconds East, a distance of 200.00 feet to an iron pin set at a comer of lands now or late ofRobertL. Spahr; thence extending along the. last mentioned lands of Spahr, the following three courses and distances (I) South 06 degrees 36minmesWest, a distance ofW.71 feet to an iron pin; (2) Nerth &2 degrees 23 minutes West, adistanceofS1,83 foot to an existing iron pipo; and (3) North 41 d>-greos 05 minute.< 20 seconds West, a diQlce of 160.00 feet to a railroad spike set in or near Peacb Orchard Road (T-J44\ the fuce ofBBGlNNlNG. CONTAINING 36,499.00 "l"'" foot. HAVING there<n. erected a dwelling house known and num-hori,J " 8 Peocb Orcbard ~ NewviIIo,PAI724]. BEING THE SAMa premises which Damon K. Ththy and _ M. Ththy, con>eYed - Damon K. My and KalhIoen M. My, hy <ked dated 8129195 and _ 9IW95 in thJ: Recorder's Office, in and for the County of CurnhorlJnd, inDoodBook 128, atPag,826. IMPROVEMENTS consist of ,a residential dwelling, BEING PREMISES: 8 Peocb Orchard Road, Nowvillo,PA ]7241. SOUl " Ibo proporty of Damon K. Ththy and K3llIIoalM.'I'lIrby. TAX PARCEL#31-1J.1l112-020. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: October 14,21,28,2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 28 AND SUBSCRIBED before me this day of October. 2005 SWO ~-0~d~l ~y~.v r NOTARIAL SEAl. I LOIS E. SNYDER. Notary Pub!": l C3r!is!~! BO'I), Climberl8nd County t ~.:1v (:OlT!mij:;Slon \:)(pif~}S M:"1f'.:n 'J. 200~1 1.,."-,.. ^......... ..,__~. -..>... "..' ~,,"._~.,",..,-...~.-,-_....,",.."-""~'"'" REAL ESTATE SALE NO. 20 Writ No. 2003-4983 Civil Wachovia Bank of Delaware NA F fKI A First Union National Bank VS. Damon K. Turby & Kathleen M. Turby Atty.: Joseph A. Goldbeck, Jr. LONG DESCRIPTION ALL THAT CERTAIN tract or par- cel of land with the buildings ~d improvements thereon erected SItu- ate in Penn Township. Cumberland County, Pennsylvania, and being described in accordance with a Map of Property made by Stephen G. Fisher, Registered Surveyor, dated February 18, 1983, as follows: BEGINNING at a railroad spike set in or near Peach Orchard Road (T ~344). in line of lands now or late of Robert L. Spahr; thence extend- ing from said point of beginning. along Peach Orchard Road IT -344), and along the last mentioned lands of Spahr, North 11 degrees 30 min- utes East. a distance of 90.02 feet to a p.k. nail at or near the center line of Peach Orchard Road {T -344} and at a comer of lands now or late of Gabriel H. Kohler and David Steigleman; thence extending along the last mentioned lands of Steigle- man, North 89 degrees 29 minutes 20 seconds East, a distance of 200- .00 feet to an iron pin set at a cor- ner of lands now or late of Robert L. Spahr; thence extending along the last mentioned lands of Spahr, the (oHowing three courses and dis- tances: (1) South 06 degrees 36 minutes West, a dJstance of 223.71 feet to a iron pin; (2) North 82 de- grees 23 minutes West, a distance of 87.83 feet to an existing iron pipe; and (3) North 41 degrees 05 min- utes 20 seconds West, a distance of 160.00 feet to a railroad spike set in or near Peach Orchard Road rr -344). the Place of BEGINNING. CONTAINING 36.499.087 square feet. HAVING thereon erected a dwell- ing house known and numbered as 8 Peach Orchard Road, Newville, PA. 17241. BEING THE SAME PREMISES which Damon K. Turby and Kath- leen M. Turby, conveyed unto Damon K. Turby and Kathleen M. Turby. by deed dated 8/29/95 and recorded 9/26/95 in fue Recorder's Office, in and fro the County of Cumberland, in Deed Book 128, at Page 826. IMPROVEMENTS consist of a resIdential dwelling. BEING PREMISES: 8 Peach Or- chard Road, Newville, PA 17241. SOLD as the property of DAMON K. TURBY and KATHLEEN M. TURBY. TAX PARCEL #3113-0112.020 . Assie:nment of Bid NO. 03-4983 - TURBY 8 Peach Orchard Road Newville, P A 17241 I, Joseph A. Goldbeck, Jr., Esquire, hereby assign my bid at the Sheriff Sale dated December 07, 2005 to W ACHOVIA BANK OF DELAWARE NA F/KJA FIRST UNION NATIONAL BANK One Old Country Road Suite 429 Carle Place, NY 11514 GOLDBECK MCCAFFERTY & MCKEEVER ;?it~- JOSEPH A. GOLDBECK, JR. Date: December 12, 2005