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Home My WebLink About08-0851` GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF M"I'GLQ INVESTORS, LP 250 John W. Carpenter Freeway Suite 300 Irving, TX 75062 Plaintiff vs. CORY DAILEY CRYSTAL L. DAILEY Mortgagors and Real Owners 1001 North West Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Tenn b8- 851 Civil No. -Txm Defendants I CIVIL ACTION: MORTGAGE NOTICE PORECLOSURE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, 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 PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA 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 REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELPFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS 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 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionna,goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 61376FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MTGLQ INVESTORS, LP, 250 John W. Carpenter Freeway, Suite 300, Irving, TX 75062. 2. The names and addresses of the Defendants are CORY DAILEY, 1001 North West Street, Carlisle, PA 17013 and CRYSTAL L. DAILEY, 1001 North West Street, Carlisle, PA 17013, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On March 02, 2007 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR LOWNHOME FINANCIAL CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1984, Page 3260. The mortgage has been assigned to: MTGLQ INVESTORS, LP by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for June 01, 2007 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$171,616.02 Interest from 05/01/2007 through 01/31/2008 at 7.2500% .......................$9,406.07 Per Diem interest rate at $34.08 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$8,580.80 Late Charges from 06/01/2007 to 01/31/2008 .............................................$468.63 Monthly late charge amount at $58.58 Costs of suit and Title Search ......................................................................$900.00 Escrow .......................................................................................................... $268.08 $191,239.60 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $191,239.60, together with interest at the rate of $34.08, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. By. wtwt ` wha UI GOLDBECK McCAFFERTY & MCKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Lisa Wickser , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: ';? - / y 2 Lisa Wickser Assistant Vice President 100804780 CORY DAILEY and CRYSTAL L. DAILEY EyhibitA LEGAL DESCRIPTION: LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN CUMBERLAND COUNTY, PENNSYLVANIA IN THE COUNTY OF CUMBERLAND, AND STATE OF PA AND BEING DESCRIBED IN A DEED DATED 10115/2003 AND RECORDED 1 0/2 712 003 IN BOOK 260 PAGE 273 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE FIFTH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF NORTH WEST STREET AND "F" STREET ON THE HEREINAFTERMENTIONED PLAN OF LOTS; THENCE NORTH 10 DEGREES EAST, BY THE EASTERN LINE OF NORTH WEST STREET, A DISTANCE OF 75 FEET TO A HUB: THENCE SOUTH 80 DEGREES EAST, BY LANDS NOW OR LATE OF SCOTT ANDERSON, A DISTANCE OF 190 FEET TO THE WESTERN LINE OF AN ALLEY; THENCE SOUTH 10 DEGREES WEST BY THE WESTERN LINE OF SAID ALLEY; A DISTANCE OF 75 FEET TO A HUB; THENCE NORTH 80 DEGREES WEST, BY THE NORTHERN LINE OF "F" STREET, A DISTANCE OF 190 FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOTS 10, 11 AND 12 OF BLOCK 31 ON THE PLAN OF LOTS AS LAID OUT BY CARLISLE LAND AND IMPROVEMENT COMPANY, AS RECORDED IN THE RECORDER OF DEEDS OFFICE OF CUMBERLAND COUNTY, IS MISCELLANEOUS BOOK 11, PAGE 572. PARCEL NO. 06-19-1643-079 E.rthidit B AVELO IMORI"CAGE November 29, 2007 Co Dailey 1001 North West Street Carlisle, PA 17013-0000 Loan Number: 100804780 Property Address: 1001 North West Street, Carlisle, PA 17013-0000 Dear Customer(s): PLEASE SEE THE ENCLOSED DOCUMENT If you are represented by an attorney, please provide us with the attorney's name, telephone number and address. P.O. Box 660138 Dallas, TX 75266 877.882.8356 (877.884 VELO) Pax 888 332.8356 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. AVELO ?MOR GAC L APPENDIX A November 29, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any Questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800- 342-2397 (Persons with impaired hearing 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. You may also want to contact an attorney in your area The local bar association may be able to help You find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S) PROPERTY ADDRESS: LOAN ACCT. NO.: CURRENT LENDERJSERVICER: Cory Dailey X 1001 North West Street, Carlisle, PA 17013-0000 100804780 AVELO Mortgage, L.L.C. P.O. Box 660138 Dallas. TX 75266 877.882.8356 (87788AVELO) Fax 888.332.8356 This communication is from a debt collector attempting to collect a debt, any information obtained will be used for that purpose. AVELO IMOR2TGAGE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE --Under the Act. you are entitled to a temporary star of foreclosure on your mortgage for thirty 00) days from the date of this Notice During that time you must arranee and attend a "face-to-face" meetine with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The name& addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) P.O. Box 660138 Dallas, TX 75266 877882.8356 (877.884 VELO) Fax 888.332.8356 This communication is from a debt collector attempting to collect a debt;.any information obtained will be used for Hurt purpose. AVELO M0R 1 GAGl HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT ..The MORTGAGE debt held by the above lender on your property located at: 1001 North West Street, Carlisle, PA 170134" IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 6 payments in the amount of $ 1,403.88 from June 01, 2007 through November 29, 2007 DETAIL SUMMARY : Principal and Interest......... I ....................... $ 7.029.84 Interest Arrearage ..................................... $ 0.00 Escrow .................................. :............... $ 1,393.44 Late Charges ........................................... $ 351.48 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 135.00 Suspense Balance (CREDIT) ........................ $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 8,909.76 . HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS, $8,909.76 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram. Cashier's Check. Certified Check or Money Order made payable and sent to: AVELO MORTGAGE LLC Attn: Cashiering Department P.O. Box 660389 Dallas, Texas 75266-0389 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be reauired to pay attornev's fees. OTHER LENDER REMEDIES -- The.lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 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, you still have the right to cure the default and prevent the sale at any time uo to one hour before the Sheriffs Sale You may do so by paving the total amount then past P.O. Box 660138 Dallas, TX 75266 877.882.8356 (877.88AVELO) Fax 888.332.8356 This communication is from a debt collector attempting to collect a debt, any information obtained will be used for that purpose. 9A.-.,11 AVEL-0 due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing anv other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: AVELO MORTGAGE LLC Address: 250 E JOHN CARPENTER FREEWAY IRVING, TX 75062 Phone Number: 866-992-8356 Fax Number: 972.910.7302 Contact: Roxanne Greil 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 lender at any time. ASSUMPTION OF MORTGAGE -- You IYESI may or (NO) may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY If after speaking with our Collections Representative, you still have questions or concerns, please feel free to contact the Avelo Compliance Officer by email at comolianceofficerC Avelomortgaae.com or by phone at 877-882-8356. P.O. Box 660138 Dallas. TX 75266 877.882.8356 (877.88AVELO) Fax 888.332.8356 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WE§TERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717)334-1518 FAX (717) 334-8326 _o _o m m co do Ln Ln -r = 0FF0 m m r-I r-3 Postage a 0 0 m m Cwdfad Fes 0 0 0 0 RWMCI&d ° 0 0 rit PAqul ed m m a _ N ti . , _o n I?ff?.? 0 0 ?- 0 0 WWAWW M1 M1 X O p M O 4 A W O Poeb"* Hen. ,? ""'FF L m ? Peetepe a .o ' m CwWod Fee l o 0 Y (Endorsemem RM I edl J 1 1 r-I fL TOW Pomw 6 Fees ? SOW To I C3 L U O r ? - .. ?ipf. ll _ ?I a l or PO Aar MA 0. ' L USE7 1 r Postal CERTIFIED MAIL RECEIPT CO co go C0 For delivery Information v1sit our website at www,u,-p,; com poatepe $ 0 C3 -- m m CWWW Fee O O r t+ere O O O O DsUvsrt, t.n Ln rA 1-1 Total Postage 6 Fees $ ru I'Ll 8o T 70QD V t ...?? O O .... .... (t M1 or PO Box No. " ?.._..? O o? ,?la..Q ..1.. .f.l.. aa: gib. .... PrAr 1-7013 W X O p b O a - 4 Q ?O cc CO r O F 0 o 11o,ng, in Cerftd Fee M "d0f°'" i a °rd ++ Rear Rftmw ° ?r" C ru Total Postage 6 Fee, J ..e O 7--:Z _ r- ?n 4Z I - N o .? rT- ? V? Rx -71 (ju 00 L q 0 03 O SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00851 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MTGLQ INVESTORS LP VS DAILEY CORY ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DAILEY CORY but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT-- MORT FORE NOT FOUND , as to the within named DEFENDANT DAILEY CORY 1001 NORTH WEST STREET CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. NO FORWARDING ON FILE AT POST OFFICE. Sheriff's Costs: So answers- a Docketing 18.00 r Service 4.80 Gas.. Not Found 5.00 R. Thoma Kline Surcharge 10.00 Sheriff of Cumberland County .00 37.80 GOLDBECK MCCAFFERTY MCKEEVER 02/13/2008 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00851 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MTGLQ INVESTORS LP VS DAILEY CORY ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DAILEY CRYSTAL L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , DAILEY CRYSTAL L NOT FOUND , as to 1001 NORTH WEST STREET CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 d??5/0 p 21.00- 1.0 0 So answers. So R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 02/13/2008 Sworn and Subscribed to before me this day of , A.D. GOLDBECK McCAFFERTY & MCKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff MTGLQ INVESTORS, LP 250 John W. Carpenter Freeway Suite 300 Irving, TX 75062 VS. CORY DAILEY and CRYSTAL L. DAILEY 1001 North West Street Carlisle, PA 17013 No. 08-851 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, David B. Fein, Esq., in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 1001 North West Street, Carlisle, PA, 17013, hereinafter, the "mortgaged premises". 2. Defendants, CORY DAILEY and CRYSTAL L. DAILEY, are the mortgagors and real owners of the mortgaged premises. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), I, David Fein, Esquire, hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the Defendants have obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendants to request his concurrence. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 4. The last known address of Defendants is as set forth in Paragraph 2 of the Complaint. 5. The Sheriff has been unable to effect service of the Complaint upon Defendants at the property address, 1001 North West Street, Carlisle, PA, 17013, after numerous attempts. The property is vacant, per Sheriff. The Defendants moved and left no forwarding address, per Postmaster. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendants. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendants by posting the premises and certified and regular mail to the Defendants' last known address. Respectfully submitted, 66avid B. Fein, Esq. ProVest, LLC Affidavit of Good Faith Investigation Client provided information: File Number: 61376FC Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Subject Name: Crystal L. Dailey a/k/a Crystal L. Crider Property Address: Street: 1001 North West Street City: Carlisle State: PA Zip 17013 Skip Results: Date of Birth: None Found ProVest File Number: 790066 Last Known Dates: As of 1/17/2008 Street: 1001 North West Street Phone: City: Carlisle State: PA Zip: 17013 Death Records: As of 1/1712008, the Social Security Administration has no death record on file for Crystal L. Dailey a/k/a Crystal L. Crider. Social Security Number Search Completed. Employment Search: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for Crystal L. Dailey a/k/a Crystal L. Crider as 1001 North West Street, Carlisle, PA 17013. Department of Motor The Pennsylvania Department of Motor Vehicles provided no change for Crystal L. Dailey a/k/a Vehicle Records: Crystal L. Crider from 1001 North West Street, Carlisle, PA 17013. Public Licenses (Pilot, Search performed provided no information. Real Estate, etc): Voter Registration The County Voters Registration Office has no listing for Crystal L. Dailey a/k/a Crystal L. Crider. Information: National Postal Has no change for Crystal L. Dailey a/k/a Crystal L. Crider from 1001 North West Street, Address Search: Carlisle, PA 17013. Comments: 717-249-6608: Called possible neighbor, Cory Dailey, there was no answer. 717-249-8918: Spoke with possible neighbor, Steven Johnson, does not know neighbors. 717-258-3813: Called possible neighbor, C. Richwine, there was no answer. On 1/17/2008, I, Patti Garrett being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investgation. AiYian It Garrett Subscribed and worn to before me. , Notary RRKfic Date: 1/17/2008 Jit'J Llt?l{i't+l?fl "? ; ? ICY CflMI+t195iQPJ 6XPtR?3 ProVest, LLC Affidavit of Good Faith Investigation Client provided Information: File Number: 61376FC Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Subject Name: Cory Dailey Property Address: Street: 1001 North West Street City: Carlisle State: PA Zip 17013 Skip Results: Date of Birth: 04/21/1969 ProVest File Number: 784473 Last Known Dates: As of 1/14/2008 Street: 1001 North West Street # O Phone: City: Carlisle State: PA Zip: 17013 Death Records: As of 1/14/2008, the Social Security Administration has no death record on file for Cory Dailey. Social Security Number Search Completed. Employment Search: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for Cory Dailey as 1001 North West Street # O, Carlisle, PA 17013. Department of Motor The Pennsylvania Department of Motor Vehicles provided no change for Cory Dailey from 1001 Vehicle Records: North West Street # O, Carlisle, PA 17013. Public Licenses (Pilot, Search performed provided no information. Real Estate, etc): Voter Registration The County Voters Registration Office has no listing for Cory Dailey. Information: National Postal Has no change for Cory Dailey from 1001 North West Street # O, Carlisle, PA 17013. Address Search: Comments: 717-249-6608: Number listed to Cory & Crystal Dailey at 1001 N. West Street # O, Carlisle, PA 17013, disconnected. 717-238-4550: Called possible relative, Crystal Ross, there was no answer. 717-249-8918: Spoke with possible neighbor, Steven & Justine Johnson, defendant not known. On 1/14/2008, I, Kimberly Sumner being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investgation. [? o Affiant Name: Kim Sumner SubwAbed and worn to before me, Notary ilc Date: 1/14/2008 A 200 , SHERlr'N'' S K?1UKly - LvU1 rvvivU CASE NO: 2008-00851 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MTGLO INVESTORS LP VS DAILEY CORY ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DAILEY CORY but was unable to locate Him in his bailiwick.' He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 1001 NORTH WEST STREET DAILEY CORY NOT FOUND , as to CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. NO FORWARDING ON FILE AT POST OFFICE. Sheriff's Costs: So answers- Docketing 18.00 Service 4.80 Jam! Not Found 5.00 R. Thoma Kline Surcharge 10.00 Sheriff of Cumberland County .00 37.80 GOLDBECK MCCAFFERTY MCKEEVER 02/13/2008 Sworn and Subscribed to before me this day of A.D. 5titk(I r r • rcn i unly - LVII l CASE NO: 2008-00851 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MTGLQ INVESTORS LP VS DAILEY CORY ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DAILEY CRYSTAL L but was unable to'locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT 1001 NORTH WEST STREET DAILEY CRYSTAL L CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answers - Docketing 6.00 ?l ? ?--J? Service 00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 GOLDBECK MCCAFFERTY MCKEEVER 02/13/2008 Sworn and Subscribed to before me this day of A. D. GOLDBECK McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 (215) 627-1322 FAX (215) 627-7734 www.Eroldbecklaw.com February 25, 2008 To: POSTMASTER CARLISLE, PA 17013 PLEASE REPLY ASAP THANK10 Request for Change of Address or Boxholder Information needed for Service of Legal Processor. Please fumish the new address of the name and street address (if a boxholder) for the following: CORY DAILEY 1001 North West Street Carlisle, PA 17013 NOTE: The name and last known address are required for change of address information. The name, if known. and post office box address are required for box holder information. The following information is provided in accordance with 39 CFR 256.6 (d) (6) (ii). There is no fee for providing the boxholder information. The fee for proving change of address information is waived in accordance with 39 CFR 256.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requestor (e.g) process server, attorney, party representing himself): Attorney for Plaintiff 2. Statute or regulation that empowers me to serve process (not required when requestor is an attorney or party acting pro se - except a corporation acting pro se must cite statute): PA Rule civil Procedure Number 440 3. The names of all known parties to the litigation: MTGLQ INVESTORS, LP 4. The court in which the case has been or will be heard: Superior Court for Cumberland County 5. The docket or other identifying number if one has been issued: TERM, 08-851 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant CORY DAILEY LAST KNOWN ADDRESS: 1001 North West Street, Carlisle, PA 17013 WARNING The submission of false information to obtain and use change of address information or boxholdef information for any purpose other than the service of the legal process in connection with actual or prospective litigation.A60d result i criminal penalties including a fine up to $10,000 or imprisonment or (2) to avoid payment of the fee for chan '4a dress i rmation of t We than 5 years, or both (Title 18 U.S.C. Section 1001). k4 2HAEL T. M VER, ESQUIRE FOR POST OFFICE USE POSTMARK NEW ADDRESS OR BOXHOLDER'S STREET ADDRESS -Mail is delivered to the address given. _No change of address order on file. -Not known at address given. r -No such address. _ ved, left no forwarding address. Our file #. 61376FC GOLDBECK McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION Suite 5000 = Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 (215) 627-1322 FAX (215) 627-7734 www.Soldbecklaw.com February 25, 2008 PLEASE REPLY ASAP THANKSD To: POSTMASTER CARLISLE, PA 17013 Request for Change of Address or Boxholder Information needed for Service of Legal Processor. Please fumish the new address of the name and street address (if a boxholder) for the following: CRYSTAL L. DAILEY 1001 North West Street Carlisle, PA 17013 NOTE- The name and last known address are required for change of address information. The name, if known. and post office box address are required for box holder information. The following information is provided in accordance with 39 CFR 256.6 (d) (6) (ii). There is no fee for providing the boxholder information. The fee for proving change of address information is waived in accordance with 39 CFR 256.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requestor (e.g) process server, attorney, party representing himself): Attorney for Plaintiff 2. Statute or regulation that empowers me to serve process (not required when requestor is an attorney or party acting pro se - except a corporation acting pro se must cite statute): PA Rule civil Procedure Number 440 3. The names of all known parties to the litigation: MTGLQ INVESTORS, LP 4. The court in which the case has been or will be heard: Superior Court for Cumberland County 5. The docket or other identifying number if one has been issued: TERM. 08-851 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant. CRYSTAL L. DAI LEY LAST KNOWN ADDRESS: 1001 North West Street, Carlisle, PA 17013 WARNING The submission of false information to obtain and use change of address information or boxholdsrlnformation for any purpose other than the service of the legal process in connection with actual or prospective litigation,46ld resul ' criminal penalties including a fine up to $10,000 or imprisonment or (2) to avoid payment of the fee for changof address forms on re than 5 years, or both (Title 18 U.S.C. Section 1001). F y MI AEL T. Mc4VER, ESQUIRE FOR POST OFFICE USE ONLY POSTMARK NEW ADDRESS OR BOXHOLDER'S STREET ADDRESS -Mail is delivered to the address given. -No change of address order on file. -Not known at address given. No such address. ed, left no forwarding address. Our file #: 61376FC ° r /J GOLDBECK McCAFFERTY & MCKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff MTGLQ INVESTORS, LP 250 John W. Carpenter Freeway Suite 300 Irving, TX 75062 VS. CORY DAILEY and CRYSTAL L. DAILEY 1001 North West Street Carlisle, PA 17013 VERIFICATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 08-851 I, David B. Fein, Esq., Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. BY: David B. Fein, Esq. GOLDBECK McCAFFERTY & MCKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff MTGLQ INVESTORS, LP 250 John W. Carpenter Freeway Suite 300 Irving, TX 75062" IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY VS. CORY DAILEY and CRYSTAL L. DAILEY 1001 North West Street Carlisle, PA 17013 No. 08-851 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendants, which the Sheriff has been unable to personally serve upon Defendants. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendants' whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendants by posting the premises and certified mail and regular mail to the Defendants' last known address. Respectfully submitte David B. Fein, Esq. GOLDBECK MCCAFFERTY & WKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff MTGLQ INVESTORS, LP 250 John W. Carpenter Freeway Suite 300 Irving, TX 75062 vs. CORY DAILEY CRYSTAL L. DAILEY 1001 North West Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Of Cumberland County No. 08-851 CERTIFICATE OF SERVICE David B. Fein, Esq., does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendants this f7day of , 2008, by first class mail, postage prepaid. BY: David B. Fein, Esq C7 C- - ?..a --rt ? n a n i VAR 18 2DD8 p+f? MTGLQ INVESTORS, LP 250 John W. Carpenter Freeway Suite 300 Irving, TX 75062 VS. CORY DAILEY and CRYSTAL L. DAILEY 1001 North West Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 08-851 ORDER AND NOW, this day of NtrckO08, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendants has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendants by posting a copy of the Complaint upon the premises 1001 North West Street, Carlisle, PA, 17013, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendants' last known address at 1001 North West Street, Carlisle, PA, 17013, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendants' last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendants by sending copies of same to Defendants' last known address by certified and regular mail and by posting the premises. BY THE COURT: J. Distribution list: Michael T. McKeever, Esquire, ite 5000 - Mellon Independence Center, Philadelphia, PA 19106-1532 CORY DAILEY, 1001 North West Street Carlisle, PA 17013 CRYSTAL L. DAILEY, 1001 North West Street Carlisle, PA 17013 ?? , C.???„Q- ' ' ?A S 3 ?-t (off ? •0 701 Market Street, tt 4` ? ? s ; t goal ?G GOLDBECK WCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF MTGLQ INVESTORS, LP 250 John W. Carpenter Freeway Suite 300 Irving, TX 75062 VS. Plaintiff CORY DAILEY CRYSTAL L. DAILEY 1001 North West Street Carlisle, PA 17013 Defendant(s) Term No. 08-851 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. GOLDBECK, McCAFFERTY & McKEEVER ?-r By Michael T. McKeever, Esq. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE X ?`',? 9'4 J V ( co f r . r GOLDBE K McCAFFERTY & WKEEVER BY: MICHA T. MCKEEVER ATTORNEY I. . #56129 SUITE 5000 - ELLON INDEPENDENCE CENTER 701 MARKET S TREET PHILADELPHIA , PA 19106-1532 (215) 627-132 ATTORNEY FO R PLAINTIFF MTGLQ INVESTORS, LP 250 John W. arpenter Freeway Suite 300 Irving, TX 75 62 vs. CORY DAIL and CRYSTAL L. DAILEY Mortgagor( p) 1001 North W st Street Carlisle, PA 1 013 Defendant(s) CERTIFICATE OF SERVICE he did serve the March 24, IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-851 L T. MCKEEVER ESQUIRE hereby certifies that on ?Pfi, / f -),04- Defendant(s) CORY DAILEY and CRYSTAL L. DAILEY a true and correct copy of Complaint by certified and regular mail in accordance with the Court Order dated The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, Ar ;6" ?Ua? GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ESQUIRE c f or CASE NO: 2008-00851 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MTGLO INVESTORS LP VS DAILEY CORY ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DAILEY CORY the DEFENDANT , at 1440:00 HOURS, on the 1st day of April , 2008 at 1001 NORTH WEST STREET CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 1001 N WEST ST CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Posting 6.00 Surcharge 10.00 00 39.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/02/2008 GOLDBECK MCCAFFERTY MCKEEVER By. Deputy Sheriff of A.D. le CASE NO: 2008-00851 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MTGLO INVESTORS LP VS DAILEY CORY ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DAILEY CRYSTAL L the DEFENDANT , at 1440:00 HOURS, on the 1st day of April , 2008 at 1001 NORTH WEST STREET CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 1001 N WEST STREET CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge 41" q I C, Q, 6.00 .00 6.00 10.00 .00 ? 22.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/02/2008 GOLDBECK MCCAFFERTY MCKEEVER By: Deputy Sheri A. D. GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff MTGLQ INVESTORS, LP 250 John W. Carpenter Freeway Suite 300 Irving, TX 75062 vs. CORY DAILEY CRYSTAL L. DAILEY 1001 North West Street Carlisle, PA 17013 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-851 Defendants PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. ?,sYiaw?? MICHAEL T. MCKEEVER, ESQUIRE raa -rs C 23