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HomeMy WebLinkAbout01-6380Spear & Hoffman, P.A. BONNIE L. DAHL, ESQUIRE Attorney I.D. No. 79294 1020 N. Kings Highway, Suite 210 Cherry Hill, NJ. 08034 (856) 755-1560 Attorney for Plaintiff BANK OF AMERICA, NA VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-6380 Civil Term CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P. 3129.2 (C) (2) I, BONNIE L. DAHL, ESQUIRE, Attorney for Plaintiff, hereby certify that Notice of Sale was served on all persons appearing on Plaintiffs Affidavit pursuant to PA R.C.P. 3129.1, by United States mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as Exhibit "A". The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SPEAR & HOFFMAN, P.A. BY: BONNIE L. DA/IL, ESQUIRE 1'' ~ ~: ~. CO ~ ~ 0~ / '~C,", "~:" ~ ~ ~ .- , ' ~ ~ ~'~7 ~.,~-_. ~,~ U~ i! Spear & Hoffrnan, P..A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 0001106087 BANK OF AMERICA, NA 475 CROSSPOINT PARKWAY P.O. BOX 9000 GETZVILLE, NY 14068-9000 PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN 318 STUMPSTOWN ROAD MECHANICSBURQ,.PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. ~)l -- ~ COMPLAINT ~ CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE ':5" NOTICE. You have been sued:tn court.' Ifyou'wish to defend against the claims set forth in the following pages, you must take action withifi twcnt~ (20) days after this complaint and notice are served, by entering a written appearance person,ally o[ by attbmey 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 al~,ainst you by the court without further notice for any money claimed in the complaint or for any other cl~im or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS .PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOIZ'CAN GET LEGAL HELP. cUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 AVISO Le hah demandado a usted e~.'la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene yeinte (20) dias de plazo a partir de la fecha de la demanda y la notification. Hace falta asentar una co_mp_ar~ncia escri'ca o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandadas ma contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la cone puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1NMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL D/NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC/NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 0_8034 (856) 755-I560, Attorney for Plaintiff, Loan No.: 0001106087 BANK OF AMERICA,.NA 475 CROSSPOINT P '.ARKWAY P.O. BOX 9000 OETZVILLE, NY 14068-9000 PLAIN.TIFF, · JOSEPH EDWARD MARTIN P~ND PATRICIA ANN MARTIN 318 STUMPSTOWN.ROAD i MECHANICSBURG, PA 17655 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKETNO. OI- &~J'~ '. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is BANK OF AMERICA, NA, with its principal place of business located at 475 CROSSPO1NT pARKwAY, P.O. BOX 9000, GETZVILLE, NY 14068-9000. 2. The names and last known addresses of the Defendants are: JOSEPH EDWARD MARTIN AND PATRICIA ANN.MARTIN, 318 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055. 3. The interest of bach individual Defendant is as mortgagor, real owner of the real property subject to the mortgage describ6d below, or both. 4. On or about NOVEMBER 23, 1992, Mortgagors made, executed and delivered a Mortgage upon the premises herr}halter described to BANK UNITED OF TEXAS FSB, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: DATE RECORDED: BOOK: 1105 PAGE: NOVEMBER 23, 1992 DECEMBER 2, 1992 415 The Mortgage is a matter of pul?lic record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about NOVEMBER 23, 1992, in consideration of their indebtedness to BANK UNITED OF TEXAS FSB, JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN made, executed and delivered to BANK UNITED OF TEXAS FSB their promissory Note in the original principal amount of $112,500.00. A copy of said Note is attached hereto as Exhibit "B" and incorporated herein by reference. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: BANK UNITED OF TEXAS FSB ASSIGNEE: CHEMICAL RESIDENTIAL MORTGAGE CORPORATION, A NEW JERSEY CORPORATION, FORMERLY KNOWN AS MARGARETTEN & COMPANY iNC. DATE OF ASSIGNMENT: JULY 21, 1993 RECORDING DATE: JULY 21, 1993 BOOK: 2547: PAGE: 903 ASSIGNOR: CHEMICAL RESDENTIAL MORTGAGE CORPORATION, A NEW JERSEY .CORP?RATION, FORMERLY KNOWN AS MARGARETTEN & COMPANY . iNC. ASSIGNEE:. :'BANK OF AMERICA DATE OF ASSIGNMENT: SEPTEMBER 1, 1994 RECORDING DATE: FEBRUARY 12, 1996 BOOK: 513 PAGE: 660 7. The Mortgage~ is secured by property located at 318 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055, which is more particularly described in the legal description attached hereto as Exhibit "C" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below all as authorized by the Mortgage, due 09/01/00 and monthly thereafter are due and have not been paic[ ~vhereby the whole balance of principal and ali interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. The following amounts are due on the Mortgage: Principal Balance 8.00% interest from 08/01/00 to OCTOBEP, 9, 2001 at $22.88 per day Accrued Late Charges Escrow Advances made by Plaintiff Corpc;rate Advance Balance Attorney's Fees TOTAL AMOUNT DUE $102,956.31 $9,815.23 $492.76 $2,224.79 $75.00 $2,828.50 $118,392.59 Interest continues lo, accrue at the per diem rate of $22 88 for every day after OCTOBER 9, 2001 that the debt remain~ unpaid. ' 10. During the corn-se of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11. The or!ginal ,principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Eoreclose Mortgage, pursuant to Act 6, 41 P.S. {}403 is not applicable. 12. Pursuant to the notice provisions of Act 91, 35 P.S. §1680.403(c), notice was sent to Defendants, dated AUGUST 2, 2001. Copies of the notices to the defendants are attached as Exhibit "D". Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or hav~ furth6i' failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 13. Notice .pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "E". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest a[cruing after OCTOBER 9, 2001 to the date of Judgment, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended by'the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property. SPEAR & HOFFMAN, P.A. 'BONNI~ DAHL, ESQUIRE 4 Exhibit "A" RETURN TO CAMP N ILL MOI TGKGE THIS INDENTURE, made the 23RD day~ NOVEMBER in the year of our Lold one thousand aine hundredand NINETy TWO , BE~VEEN JOSEPH E. MARTIN AND PATRICIA A, ~RTIN , MARRIED  (hereinafter called Mortgagor) an~, NiTED OF TEXAS FEE o~ganized and existing under the laws of UN ITED STATES , and having ~7 its princj~ai office and pest-office address in 3200 SOUTHWEST FREEWAY. ~2000 HOUSTON ~er called Mortgagee): TE X AS 770 2 7 WITNESBETH: That the Mortgagor to secure the payment of ONE HUNDRED TWELVE THOUSAND FIVE HUNDRED AND 00 i00 Doliars($ *.'~112 500 00 ), with interest fromdate, at the rate of EIGHT AND 00000 100000 per centare ( 8 · 000 %) per annum on the unpaid haianc~ unit{ paid, as provided in a Note of even date herewith, from the Mortgagor to the Mortgngce, in monthly iestsllments of EIGHT HUNDRED TWENTY FiVE AND 49 l:OO Do{lars ($ *~" ':'v*'825 -49 ), comme~cing on th~ firsl day of JANUARY , [9 93 , and continuing thereafter on the first day of each month until such debt is fully paid, excop~ that, if no~ sooner paid, y . · the finai payment thereof shall ha due and payable on the first day of DECEMBER ,2022 ,and ,~;lt~/ff al~[l~l~secure ~he performance of all covenants, agreements and conditions herein contained, does by these gr~nt, b..a~ai.n., sell, assign, release, convey and coafinn to the Mo~agee, AIL the following described real y s~tuatco ~n me TOWNSHIP ,~* of MONROE , y of /q~/g/ CUMBERLAND -/ i . -- ,., _ ~ ano ,..ommonwealm o~ Pennsylvania, to wit: THE WITHIN MORTGAGE IS A FIRBT PURUHASE MONEY MORTGAGE, THE CONSIDERATION FOR WHICH CONSTITUTES A PART OF THE PURCHASE PRICE OF THE ABOVE DESCRIBED PROPERTY. BEING THE SAME PREMISES CONVEYED TO THE MORTGAGORS BY DEED FROM OF EVEN DATE. TO BE RECORDED SIMULTANEOUSLY HEREWITH. TOOETHER with all and singular the buildings, improvements, and fixtures on said premises, as well as all additions or improvements n~w or hereafter made lo said premisas, streets, alleys, passages, ways, waters, water courses, rights, liberties, privileges, hereditamcots, and appurtenances whatsoever thereunto belonging, or in any wise appartaining, and the reversions and remainders, rents, issues, and profits threof, and in addition thereto the following described household appliances, which are, and shall be deemed to be, fixtures and a part of the realty, and are a pertion of the security for the indebtedness herein mentioned, namely, provided, however, that the Mortgagor shall he entitled to col{ect and retsin thc said rents, issues, and profits unti{ default hereunder: TO HAVE AND TO HOLD said propany, hereby granted, with the appurtenances, unto said Mortgagee to its VMPA VMP2 00923103 This lndentom is made, however, subjeel m the following covenants, conditions, agreements and stipulations, and [he Mortgagor covenants and agrees: 1. That the Mortgagor will promptiypay the pr ncipal of and interest on the indebtednes~ ev denced by the said I~ote, at,.the t!mes a~d !n .th.e m.aneer therein provided, with rivilege reserved to prepay at any time, without or_,ny " re?t "ot tha, the ou, of o,, i,silllmeot, or one or 01~rty days after"s;~'~hl~Sr~l~.~,u~v~?ct~l~ve~e~s/~rlib~er,cre~ttad until the next foUowmg installment due date 2. To more folly, protect the se~.ur/ty of this .Mortg.ag~, the Mortgagor shah pay to the Mort~a as trustee ~hl The aggregate of he amounts payable pursuant to subparagraph (al and those payable on this debt shall be paid in a single payment each month, to be applied to the following items in the order Silted: (J) ~nr~Und mats, ~axes, asse,sdsments, sewer and wa~er rents fire and other hazard nsurance premiums; (Il) retest on this debt; amortization of thc principal of this debt. o~tioudeficicncy in the amount of any such a~rcgate monthly payment shall consthute an event of default hereunder ~e,r.~jd_ Note, u,,nl, ess ma~i,,e, good, by M...ortgagOr pr/pr to the due date of the next such payment. At MortgaRee's r ~-, :,,~o.n. gagor wm pay a rote Charge not exceeding four per ceotum {4%) of any installment when ~ald more than filteen (l~l days afte, r the due date thereof to cover the extra expense involved in handling delinquent 3. If the total of the payments made by Mortgagor, under (a) of paragraph 2 preceding, shall exceed the amount of payments actually made by Mortgagee as trustee for ground rents, taxes, assessments, sawer or ,,eater rents, or .,,~: ,ro~ ~: sumctcm to pay such Items when the same shall become d~enga°nld nm,aLle t~,'- a.~..,~....'. :~.%~ t.o Mo.~gagee as trustee any amount necessary to make ur, the deficien,-., w th - ,'i~'~:, a~,'~'_' ff"_~_'~"~L"''~'' ~rom mortgagee silting the amount of the deficiency, which notice may be given by mail, If at any time Mortgagor shall tender to Mortgagee, in accordance with the provisions hereof, the full payment of the entire indebtedness - . - -' . . . B un~er me provisions m (a) o] parsErS h 2. If there shall be n default unoer any o~ me prov~smns o! the Note and his Mortg?ge securing the same, ~ich results in a blic sale of p perry m otBerw:se acqmred by the Mortgagee, the balance then remaining to the credit of Mortgagor under fa) o(paragraph 2 as a credi on he interest accrued and unpaid, and the balance on the principal then remaining unpaioon the Note. 4. Mort~,a~gor shall pay to Mortgagee all ground rents, taxes, assessments, sewer and water rents, and all other ~._ :~ y] ,.,,y p~c~m,~r L~ure ~aw or laws, s.n~n nave pnortty tn hen ot payment to the debt reoresented by L~.,.= .~n~.se,curect ,W !ms. oortgage, a.nd.pr .ov!ston for the payment of which is not otherwise Made here l.~yment ~o oe maoe oy Mortgagor w~thm thmy (30) days after demand by Mortgagee, silting the amou~tT'"' 5. The pr/ncipa ndebtndeess hereb~ ev denced and secured represents money actually used for the acquisi- tion of or for improvements to the premtses secured by said Mortgage. 6, Mortgagor will continually maintain hazard insurance, of such type or types and amounts as the Mortgagee ~ ,from !ime to ~ime r.¢qui~, on .the improvements now or hereafter on said premises, and except when ment ~or au SUCh premtums nas tltere otore been made under (a) of paragraph 2 hereof, will pay rom I ~een: due any pre. ml,ums t.he~for. All insurance shat be carried in companies a~roved bv Mort~aeee aPn~d ~hP{e YnnU~.i .... renewa!s, toe~.ot snail be held by Mortgagee and have attached thereto'l~}ss Imva$1e clau~se~ in f'a~mT~f ~i'i'~''~ ~ac~_. _p~a~!_e t_o_ .M_~.O rt.g. agee:,tn event.of loss, Mortgagor will give immediate notice 1~ mail to Mort~: ~d-l~n ~°~ ~' directed to --~' ........ P - ~ y .by . gag~!. ~ch ms. uranee company concerned' ts hereby authorized ~ . .,,~-,: paymem ~or sncn toss mrectly to Mortgagee instead of to Mortga~:or and Mortgagee jointi o~L,.nL~.~.¢L_p~eeds., o.,~ any part thereof may be applied by Mortgagee at its opt[on either to t~ re~lucti~o~ · -~ .,~=u~cu.ess or m tnt restoration or repair of the property dnmased' In the sole and absolute discrat on of Mortgagee, in even of foreclosure of the Mortgage or transfer of title to the mortgaged property in rind or to_,m_.l .extt.n~gu~s~m~. nt of.th,e, Note hereby secured, all righ , tide, and interest of Mortga~tor in aaa to'am ml~a~uranr~. .l~,lcles m~n ?,loree snail pass to the purchaser or grantee or shall he canceled a~d~he en~.ll=*;~ It a,ny, ~.ta!neo o~ Mortgagee. Full.power is hereby g~ven o Mortga.,zee to settle or '~-rg,~'f~'~';?~n~,,~. seca pouches aaa to demand, receive and receipt for all moneys ~e~:oming payable the~re~.- ............... r oc 7. Mort~a$or shall not.exnc, ute or file of record any instrument which imposes a restriction upon the sale or eupaecy ottne property eere~n described on the basis of race, color or creed. 8. Mortgagor will not suffer any ien~uper or to the lien created by this Mortgage to attach to or to be en- forced against trio premises covered by this Mortgage. Mortgagor sba no commit or petntil waste; and shall main mn~nt~Lp~_el~e~rty ,n as good ~ondition as at present, reasonable wear and tear excebted. Uoon any failure so ........... ~om~a,gee, at ns opuon, may cause reasonable maiptenance, work to be puffofi'ned at the cost'of Mortga~;,o¥~ UP0i~ ANY VIOLATION OF THiS UNDERTAKING THE MORTGAGEE MAY AT ITS O~'I~N, 6E'CLAR~' THE UN'PAID BALANCE OF TM' }EBT SECURED HERESy IMMEDIATELY ~ A~ " VMP3 9.c,) 2 3,i 0.3_ · 'TI~E TIILE SECRETARY OF VET,..,ANS AFFAIRS SHALL BE SUBSTITUTED sam ~ oue ano ~ble aomnc~ or paid sh~l such matu~y or due ~te ~nd 13. If, at any ti~, a W~t of Ex~ution (Mon~ Jud~nt) or other ex~ution s ~rly i~u~ u~n a ~udg- me~st accm~ thc~n, with an aRom~ s ~mission al once, anything he.in con~n~ to d~ult ~ MoRgagor, or p~en{ the en~ement ~ any ~ ~e ~m~es p~id~ ~ said N~ or ~is Mo~e, ~e ~i~ p~id~ ~ said Note and ~ MoR~e or ~ o~r indeb~ss ~em n ~ or ~u~ ~ &ts Mo~ and ~r ~e ~ffo~e of &e ~ . /~ Mo~a~ fo~i~ ~ h.; .... ~ .......... ~ ~ ~ ~e~ ~, such d~ult w I entitle tTHE MORTGAGOR COVENANTS AND AGREES THAT SHOULD THIS MORTGAGE OR T~E"~ VHP4 00923103 secured, together with an attorney's commission for collection, as aforesaid, and costs and expenses of such pro- ceeding, and to pursue any and aU other appropr ate or equitable remedies in such cases.provided without further slay of-execution or other process any law, usage, or custom to the contrary netwithstandmg. Mortgagor expressly watves and relinquishes all benefit that may accrue bY virtue of any and every law made or to be made exempting the mortgaged premises or any other premises or property whatever, real or personal, from attachment, levy, or sale under execution, or any part of the proceeds artsing from any sale thereof, and all benefit of any s~y of exeeu- tion, or a.n~v part of the proceeds arising from any sale thereof, and all benefit of any stay of execution or other nP~mC~s~f~eOt?ra~eha~.rl~o :wal~s an.d. reli.n, qu!s.l~iunto a. ed in fitvor of the Mortgagee, ~11 benefit under all laws p~ssea to renevc me Mortgagor m any manner from the obligations assumed in the Note ~or which this Indonmro is security. UT PROVIDED ALWAYS, nevertheless, that if said Mort~gor shall pay or cause ~ be paid unto the said .Mortgagee, the aforesaid deb~ secured by this Mongage, when and id the manner here nbefom mentioned and .r~v, ~.o.rlpeyment of the same, together wlth interest and al other sums berehv secured th~. ~.--'-~- .s, lnden!~re, ,and .th, e ~estate h?reb~ !grantnd as .Well as said rec ted No e, shall cease, determine, and become yom, anytamg necelnoemre or n smo Note contmned to the contrary notwithstanding. If this Mortgage is executed by more than one person as Mortgagor, the liability of each shall be joint and several. benefiThtseaCn~Vae~avanlts, con.ditions., ,a~. provisions con'tained in said Note, or in this Mortgege, shall bind, and the ntages tuereol san inure to, the respective heirs, executors, administrators successors, vendees, and assigns of the parties hereto or thereto; and whenever used in said Note or in this Mortgage, the singular number shall thc%de the plural, the plural the s ngular, the use of an under shall be a ' term ..... · Y g . p lcable to all genders, and the Mortgagee shall Include any ~aycc of the ~ndubtedeess represented bY samd ~olte. or secured by thins Mortgage, or ~ny transferee thereof, whether oy operation of law or otherwise. , IN WITNESS WHEREOF, Mortgagor hereunto sets his hand and seal. Dated the day and year first berelnabove written. SIGNED, SEALED AND DELIVERED .~.~THE PRESENCE OF: ~ , .............................................. (SEAL) CERTIFICATE OF RESIDENCE correc~ addrSg~ Fof ~d~B~t~g-~rjcd Mortgagee is Witness my hand this 0~ ~ day of COMMONWEALTH OF PENNSYLVANIA (~ ~ ~ / ss COUNTY O~ ~ L(AAA~..<i~ · do herebY certify that the /'?0// , 19 NOVEmBeR 92 ~ .... n this day of , A.D., 19 , before me, NO ~[trt~t~g abeve-nemed 9 2 ,i.~'~ ~os~E. ~. ~AaS~a~ WITN~S my ha~ a.~ seal, ~nd ~ar af~id: ~!~ ~ THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE VETERANs ADMINISTRATION OR ITS AUTHORIZED AGENT. : THIS R/DER to the Security Znstr~rent is mede th/s 23~D day of NOVEMBER , 19 92 , and is incorporated into and shall be dee~ed to amend and su~ple~_nt the Mortgage, Deed of Trust or Security Deed (the "Security Instr~aent") of the same date, given by the undersigned (the "Borrower") .to secure Borrower's Note to BANK UNITED OF TEXAS (the #Lender") of the s~ae date and coverin~ the Property described /n the Security Instrument to which this ~ is attached. The Security Instrument to which this Rider is attache~ shall be amended by adding thereto the following described paragraphs: "This loan is /al~edistely d~e and payable upon transfer of 'the prc~erty eecur~ng such loan to any transferee, unless the acceptability of the. assumption of the loan is established pursuant to section 1817A of (~pter 37, Title 38, 'Un/ted States Cede. A fee equal to one-half of 1 percent of the balance of this loan as of the date of transfer of the property shall be payable at the t/me of transfer to the loan holder or its at~orized agent, as trustee for the ~l~l,listrator of Veterans Affairs. If the asst~er fails to pay this fee at the t/me of transfer, the fee shall constitute an ac~it/onal debt to that already secured by this instrument, shall bear interest at the rate herein pro%-ided, and, at the option of the payee of the indebtedness hereby secured or any tranferee thereof, shall be im~ediately due and payable. This fee is automatically waived if the asSm~r is exempt under the provisions of 38 U.S.C. 1829(b). Upon application for approval to allow as.mm~tion of this loan, a processing fee may be c~rge~ by the lc~n holder or its authorized agent for detemi~g the creditwo~T_hiness of the _a~ssumar and subsequently revising the holder'- when an approved transfer iS cc~oleted. ,~A ~P records charge shall not exceed the maxl~u~ e ....... ~._,=, .~n..t of this ~Wm~Ln~stration for a loa~ to which Sectic~ 1817A of Onapter 37, Title 38, United States Code e~plies. If this 'obligation is ass~sd, then the ees%~er hereby. agrees to ass%~e all of the obligations of the veteran under the ter~s ·of the instnm~ntS c~.~4,_ __~ inlcud.~h~a the ubl~..~-~ = ~j~-~-~-~J m~. sec~r~lg the loa~ guaranty or Lnsurance ..~ ~ 4-~ =L--Pas~e is/rig frc~ instr~Tent.- -~ -.= ~,~anr~mess created by this BY SI~ING B~I~W, Borrower! accepts and agrees to the terms and provisions contained in this Rider to the Security Instrumant. PATEICIA A MARTIN VA ASSUMPTION RIDE~ Exhibit "B" DEPARTMENT OF VRTERANS AFFAIRS ACT. MORTGAGE NOTE , Pennsyl~nia. NOVEMBER 23 ,,MARRIED , 19 92 . NtTED OF TEXAS FSB , hereinafter called the Maker. promises to pay to ( ~,1~V~ °rganlzed and exlsting under the laws of the UNITED STATES · hereinafter desi anted as the Payce. the dnci '.f FIVE NDRED AND pal sum. ON, HUN,ED T ELFE ' 10~te~t from date at the rate of EIGHT AND 00000~10000~°liars ($ ***112,500.00 )with ( * 8. 000 %) per annum on thc unpaid balance until paid. The said principal and interest shall ~e payable at theofficeof SANK UNITED OF TEXAS PSB in HOUSTON, TEXAS 77027 at 3200 SOUTH,/EST FREEWAy, //2000 or such place as the holder may designate in writing in monthly installments of EIGHT o ea:/:LTAs25:4s ), ?me,.cing on the fi t ,ANUAR, myron mereaster until the principal and iLl.rest are fully paid, except , 19 93 , and on the first day indebtedness evidenced hereby, if not sooner paid, shall he due and payable that the final payment of the entire 2022. on the first day of DECENBER, Privilage is reserved to prepay at any time, without premium or fee, the entire indeb~:inass or any part thereof .not less th;%~heere~d~t~nolnO~hoen~a;Srtsej]~Tveendt, ~ ~ne ,Hu,nd~., ._Dollars ($100.00), whichever s lass pre m full shel' rua~r~P~'PllY~o~"Other than on an i-.,.u ....= payment · he credited until the next following inslallment due date days after such prepayment, whichever is earlier imui .eousiy wlth the execution of this Note uted an.elii"" n ne te, innsylVama, nmre pa. cu ar y descrihed in the~Li.~°L~~i~' , Commonwealth st~putalions and agreements conlmined in said Morto¥,,"~ ~,~'?-~',.-'--'~-.~ m.e terms, covenants, provisions, condMons a Part of this Note to the same extent and with d.~t~o ~.l~e._k_e~P/a?d.~parformed by the Maker are here ' and the Maker covenants and a-tee- .- - ..ne sa1~.~d effect as if they were full ....... ?~, m~de m accordance with the terms and provisions thereof. , o~ .~.~: u,e s~me ~o De kept and performed, strictly . The whole of the principal sum or any pan ~bereof, and of an)~ other sums of money secured by the Mortgage g~ven to secure this Note, shall, forthwith, at the option of the Payee or any subsequent holder thereof, become due and payable immediately, without notice or demand, if default be made in any payment under this Nolo, and i~f the de~a~It Is not made ~cod prmr to the due date or tha next such inst.]mere; or upon the happening of any Default which, by the terms of the Mortgage given to Secure tMs No~e. shall ent~de the Payee, or any subsequent holder hereof, to dec]are the same, or any part thereof, to be due and payable. The Maker does hereby empower any attorney of any court of ~cord within the Uni~t gm,es or elsewhere to appear for M~ker, with or without a dec]aretion filed, and confess judgment or judgments against said Maker in favor of the Payee or any subsequent holder hereof, as of any ~crm, for the entire unpaid principal of this Note, and all other sums paid by the holder herco£ to or on behalf of the Maker pursuant to the terms of this Note or said Mortgage, and all arrearages of m[eres~ thereon together with costs of suit, attoro ' ~*,uancco nereey and do~s voluntsrily condemn the so-~ ....... proper!.y lcv~ed upon ~o eoUect the iedebted-..o- stay of execution, or hereafter ena¢~xi, re]atlng to ~XCmption, appraisemant or The agreements herei~ contained shah bind, and th~ benefits and a , cessors and assigns of the panics hereto. Wherever u ,~...:-- , riVaL?gas shah inure to, the respect ye sue- sec[..,~ ~-~umr number shell include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Maker has caused ~hese presents to he executed under sexl the day and year first above written. Siine~ Sealed and Delivered, ,,,~! t~t~ 1~~ · · - ...... n and secured by Mortgage of even date herewith THE TITLE 'SECRETARY ~Vf IANS AFFAIRS SHALL B~UBSTITUTi 00923103 ~AD~INISTRATOR UP VETERANS ,~PFAIRS EACH TINR THAT XT APPEARS IN DOCUHEN~ PURSUANT TO THE PROV~SIONS..O~ SECTION 2, PUB. L. NO. I00 PENNSY~ANiA -°~c o ~ ~ PAY ~ RECOURSE TO THE ORDER OF L ~ ~ ., 'V'2~C-L..~ J,./ ...... """ Exhibit "C" THAT C~RT~N tract of land situate in the Township of Houroe, County BF~INNINC at a steel pin set on the westemost'.dedi~ated right-of~a~ili~e,. of the Stumpsto~n Road (T-~70), said pin ~arking the common point Bf. adJoin~r ~f Lots Nos. !6 and 17 on the hereinafter mentioned P19n of Subdtvigion; thence departin$ from the Stumpsto~n Road righ~-of~ay and ex~end~ng alon~ Lot No. 17, South 67 desrees 18 minutes 28 seconds West,' for a distance of ~80.00 feec ~o a s=i~l pin; =hence ex~lndin~ alon~ Lo~s Nos. 17, 18 and 19, Sou~h Il de~=ees 36 ~nu=es 51 seco~s East for a distance of 320.00 feec. ix~endint alon~ lands nov or [omerly of '~aro, South 67 d~srees 18 ~nu~es on the he~linaf~r sen~ioned Plan of Subd~visionl ~hence extendini alon~ Lo= No. ~ ~he followiut ~hree courses and dis~anc~s: North 04 desrees 19' . ~nuCas 33 seconds ~es=, for a distance of 420.00 fee= Co a steal pin; thence. 110.00 ieet~o a s~lel pin; thence con~inuin~ North 67 de,tees 18 slnu~s . 17 vu =ha h~inaicer mentioned Plan of Subdivision, said pinm~kini ~he place of B~G. COI~AT~I~G 2.111 acres, and betn8 designated al Lot No. 16 on a Final Plan of Subdivision of Honroe Headows, prepared for ~imba, Inc., by Statler and Lahr,' Re$tstered Ensineers, dated November,24, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Boo~ 53, at Pa~e 34. . B~ING THE SA~E PP~EMISES which Kin, Inc.~ a Com~oration by Deed date~ November 7, 1~7 ~ reco=d~ in ~rl~ ~ty ~ ~k B, Vol~ 33, Page 175, 9=~t~ ~ c~vey~ ~to Jose~ E. ~i~ ~ Patricia A. ~rt~n, his wife. Exhibit "D" ~0~ <~ Z Exhibit "E" NOTICE REQUIRED BY THE FAIR DEBT COLLECTION pRACTICES ACT, (the Act) 15 U.S.C. SECTION 1601 AS AMENDED 1. Th~s law firm may be deemed a debt collector under the Fmr Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting the debt. 2. The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaintiff as named in the Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of the mortgage note attached hereto, will be assumed to be valid by the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If tl~e debtor notifies the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verifi~:a,tion of t, he debt and a copy of the verification will be mailed to the debtor by the creditor's law firm.' 6. If the ~reditor named as Plaintiff in the Complaint is not the original creditor, and if the debtor makes a writtel)'request to the creditor's law firm within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's laW firm. : 7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North Kings Highway, Suite 2t0, Cherry Hill, NJ 08034. Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 N. Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560 Attorney for Plaintiff BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEPENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-6380 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure on the above-captioned matter. SPEAR AND HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Mary Jane Snyder Real Estate Deputy William T. Tutly Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin BANK OF AMERICA vs : MARTIN PATRICIAANN Sheriff's Return No. 3558-T - - -2001 OTHER COUNTY NO. 01-6380 CIVIL I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MARTIN PATRICIA ANN the DEFENDANT named in the within REINSTATED MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, December 27, 2001 DEFENDANT DOES NOT LIVE AT 4000 LEXINGTON ST., HBG. MARTIN VD~RGO LIVES AT 4000 LEXINGTON ST. HE BELIEVES DEFENDANT LIVES EITHER ON 2ND ST., STEELTON DAUPHIN COUNTY OR IN MANHEIM TWP., CUMBERLAND COUNTY. Sworn and subscribed to efore me this 27TH day of DECEMBER, 2001 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $30.50 PD 12/18/2001 RCPT NO 157856 In The Court of Common Pleas of Cumberland County, Pennsylvania Bank of ~nerica VS. Joseph Edward Martin et al SERVE: Patricia Ann Martin N0. 01 6380 civil NOW, December 17, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. SheriffofCumberland County, PA Affidavit of Service Now, ,20__, at o'clock __ M. served the within upon at . by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFDAVIT County, PA SHERIFF'S RETURN - CASE NO: 2001-06380 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA VS MARTIN JOSEPH EDWARD ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: MARTIN PATRICIA ANN but was unable to locate Her deputized the sheriff of DAUPHIN Sheriff or Deputy Sheriff who being search and in his bailiwick. County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On January 3rd 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 30.50 .00 67.50 01/03/2002 SPEAR & HOFFMAN So answa~rs: /~ / Sheriff of Cumberland County Sworn and subscribed to before me this '/ ~ day of~ , / ~2, A.D. / ; Proth0notar~ ! j SPEAR AND HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF, LOAN NO. 0001106087 BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-6380-CIVIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by and through its counsel, BONNIE DAHL, ESQUIRE, moves this Honorable Court for an Order directing service of the Complaint in Mortgage Foreclosure and Notice of Sale upon the above-captioned Defendant(s) by Certified mail and regular mail and by posting of the premises: 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint (Notice of Sale) have been unsuccessful, as indicated by the Return of Service by the Sheriffs Office (Legal Process Server) and/or proof of additional attempts at service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint in Mortgage Foreclosure and Notice of Sale by certified mail and regular mail and by posting of the premises. Respectfully submitted, SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE SPEAR AND HOFFMAN, P.A. BY: BONNIE DAItL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGI-DVAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560, FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-6380-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by and through its counsel, BONNIE DAHL, ESQUIRE, submits this Memorandum of Law in Support of its Motion for Service Pursuant to Special Order of Court. Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of"Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of conceaiment. Gonzales vs. Polls, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Return of Service marked hereto as Exhibit "A", the Sheriff (Legal Process Server) has been unable to serve the Complaint in Mortgage Foreclosure ( Notice of Sale). A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint in Mortgage Foreclosure and Notice of Sale by certified mail and regular mail and by posting of the premises by the Sheriff. Respectfully submitted, SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE VERIFICATION BONNIE DAHL, ESQUIRE hereby states that she is the Attorney for the Plaintiffin this action, that she is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. {}4904 relating to unswom falsification to authorities. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 Exhibit "A" SHERIFF'S RETURN .CASE NO: 2001-06380 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA VS MARTIN JOSEPH EDWARD ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT MARTIN PATRICIAANN but was unable to locate Her deputized the sheriff of DAUPHIN Sheriff or Deputy Sheriff wko being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On November 30th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 30.50 .00 55.50 11/30/2001 SPEAR & HOFFMAN So answe~l~s: ,, /, R./ Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-06380 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF AMERICA NA VS MARTIN JOSEPH EDWARD ET AL Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT MARTIN PATRICIAANN ,Sheriff or Deputy Sheriff, who being search and but was unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the , NOT FOUND the within named DEFENDANT MARTIN PATRICIA ANN , as to Sheriff's Costs: Docketing 6.00 Not Found 5.00 Affidavit .00 Surcharge 10.00 .00 21.00 R. T4~o~mas Kline ' - Sheriff of Cumberland County SPEAR & HOFFMA/q 11/30/2001 Sworn and subscribed to before me this day of A.D. Prothonotary Exhibit "B" .~eb-22-02 02:lTpm From-PLAYERS ASSOCIATION 6362300558 PLAYERS NATIONAL LOCATER T-64T P.02/07 F-442 AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number BKM-P-261 Attorney Firm' SPEAR & HOFFMAN PENNSYLVANIA Case Number Sut:)ject- PATRICIA A MARTIN AK.A_ PATRJCIA A ANDERSON New A(~dress: 4000 LEXINGTON STREET HARRISBURG, PA 1710g Las[ Known Address' 318 8TUMPSTQWN ROAD MECHANICSDURG, PA 1?0SS Last Known Number ( ) M~cr)ael K Gross, being duly sworn according m law, deposes and says. 1 I am employecl in the capacity of President for Players Nahonal Locater 2. on 10/14/2001. I conducted an invsst~ahon into trio whereapoutS of tT~e apove named defendant(s). The results of my invssbgahon are as follows CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER 207-44-6771 B EMPLOYMENT SEARCH: Unable To locate a good employer for Patrlcis. C INQUIRYOF CREDITORS. Creditors indicated That Patri~ia is living at 4000 LexingTon Street, Harrisburg, Pa. 17109 with no valid home phone number. Particle filed chapter 13 bankl~ptcy in February 2000 with atlomey Deborah Hughre. Care # 00-00684 wish no release date given. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: Directory assistance has no ll~ting for Pa~cia Martin. We called 717-607-4511 and spoke with Joseph Manin who orated PatriGis Martin is living at 4000 Lexington Street, Harrisburg, Pa. 17109. INQUIRY OF NEIGHBORS - AVA INQUIRY OF POST OFFICE - A NATIONAL ADDRESS UPDATE: Aa of October 12, 2001 the National Change of Address (NCOA) has no Ghange for Palricia from 4QOO Lexington Street, Harrisburg, Pa. 17109. MOTOR VEHICLE REGISTRATION - A MOTOR VEHICLE & DMv OFFICE* The penn~ylvanis Department of Drivem klcamling has PatriGis listed at 4000 Lexington Street, Harrisburg, Pa. 17109. OTHER INQUIRIES - A. DEATH RECORDS' AS of OGtober 12, 2001 The ~ocisl Security Administration has no deaTh record on file for Patricis Feb-ZZ-02 02:lTpm From-PLAYERS ASSOCIATION 6362300558 T-647 P.03/07 F-442 B A Martin and or a,k.a.'s under her social security number. PUBLIC LICENSES ( PILOT. REAl. ESTATE, ETC ) None Found C COUNTY VOTER REGISTRATION. The Dauphin County Voters Registration Office has Patllcla listed at 4000 Lexington Street, Hanisl~urg, Pa. 17109. ADDITIONAL INFORMATION ON SUBJECT - A DATE OF BIRTH: AFFIANT /Michael K Gross ~ PlayerS National LOCator ? 13 Old State Road, Suite 104 St. Louis, MO 63021 P~one: (636) 230-9922 Fax: (636) 230-0558 ,~eb-ZZ-OZ OZ:lSpm From-PLAYERS ASSOCIATION 638Z300558 T-$47 P.O4/OT F-44Z PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Numl~er: BKM-P-251 Attorney F~ffn' SPEAR & HOFFMAN PENNSYLVANIA Case Numl~er: Subjec[ JOSEPH E MARTIN ~K.A.. JOSEPH MARTIN Last Known Aadress. 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17066 Las; Known Numl~er: (717) 697-4611 Michael K Gross. I~,ng duly Sworn accon3ing (o law. deposes and says. 1. I am employed in the capacgy of Presiaent for Player's National LO~a~r 2 On 10/14~2001. I conaucted an investigation ~n~o the whereabouts of the above namea defendant(s) The results of my investigation are as follows: CREDIT INFORMATION - A SOCIAL SECURITY NUMBER: 177-42-2030 B EMPLOYMENT SEARCH: Unable to locate a good employer for Joseph. C INQUIRY OF CREDITORS~ Credbora indicated that Joseph la living at 318 StumpstOwn Road, Mechanicsbur9, Pa. 17056 with the home number of 717-697-4511. Joseph filed ebepter ? bankruptcy in January 2001 with attorney Deborah A Hughes. Case ~ 2001-60584 with a release date of January 2001. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH The home phone number for Joseph Maltin is 111.651-.4~,11 registered at 318 St~ml~lown Road, Mechaniosburg, Pa. 17066. We called the home number and spoke with Joseph who stated he is living at this eddre~a. INOUIRY OF NEIGHBORS - INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS uPDATE: As ot October 12, 2001 the National Change of Address (NCOA) has no change for Joseph from 310 ~tumlmtown Road, Mecbenlcaburg, Pa. 17055. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE The PennwIvanis Oeparrmem of Drivers Licensing has Joseph listed at 318 8tumpstown Road, Mechanic~burg, Pa, 17055. OTHER INQUIRIES- A DEATH RECORDS' As of October 12, 2001 the 6m:isl ~ecurity Administration be~ no death record on file for Joseph E Martin and or a.k.a.'a under hie eocial ee~urlty number. ~eb-22-02 02:18pm From-PLAYERS A$$OCIATIOFI 6362300656 T-647 P.06/07 F-442 ' ' ' None Found .... ' C COUN'P( VOTER REGISTRATION: The Cumberland County Voters Regletra#on Office has Joseph lifted at 318 Stump6town Road, Mechlnlcsburg, Pa. 170~i5, ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF ~IRTH. . AFFT~c~aeI K Gross / ~ / yersNationalLocator 11301clStateRoad, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 SPEAR AND HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (609) 755-1560, FAX (609) 755-1570 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANT(S) 0 8 20§2 Q" COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKETNO. 01-6380-CIVIL TERM AND NOW, this _~ffay of ~~0E~uant to Plaintiffs Motion for Special Service and accompanying Memorandum of Law in Support thereof, it is hereby ORDERED that Plaintiffs Motion is hereby GRANTED; Service shall be deemed proper upon the following methods: certified and regular mail Posting Property located at: 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 Other, as required by the Court: It is further ORDERED that all subsequent pleadings shall be deemed properly served upon defendants by the above methods of service or the methods of service as prescribed by Rule 440 of the Pennsylvania Rules of Civil Procedure regarding service of leg. a~er than original process without further application to this Court for allowance ofS~ servZ Spear 8: Hoffman, P.A. BY: THOMAS J, HOKNBECK, ESQUIRE Attorney I.D. No. 80057 1020 N. Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560 Attorney for Plaintiff BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-6380 CV PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure on the above-captioned matter. SHERIFF'S RETURN - REGULAR CASE NO: 2001-06380 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA VS MARTIN JOSEPH EDWARD ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the MARTIN JOSEPH EDWARD DEFENDANT , at 0941:00 HOURS, on the 2nd day of April , at 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 by handing to POSTED PROPERTY AT 318 STUMPS- TOWN ROAD MECHANICSBURG 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 6.90 Service 6.00 Posting 10.00 Surcharge .00 40.90 Sworn and Subscribed to before me this /~ day of //?~ .;L~ A.D. g~6~honotary So Answers: R. Thomas Kline 04/03/2002 SPEAR & HOFFMANn,.. - '~ ~'- ~ Deputy She~'if~ ' SHERIFF'S RETURN - REGULAR CASE NO: 2001-06380 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA VS MARTIN JOSEPH EDWARD ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the MARTIN PATRICIA ANN DEFENDANT , at 0941:00 HOURS, ~t 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 on the 2nd day of April , 200~ by handing to POSTED PROPERTY AT 318 STUMPS- TOWN ROAD MECHANICSBURG 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ day of ~2~ A.D. ~r6thonotary So Answers: R. Thomas Kline o4/o3/ oo2 SPEAR & HOFFMAN / / SPEAR & HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY I.D. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF LOAN# 0001106087 BANK OF AMERICA, NA 475 CROSSPOINT PARKWAY P.O. BOX 9000 GETZVILLE, NY 14068-9000 PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 DEFENDANTS COURT OF COMi~ON PLEAS CUMBERLAND C£ ~UNTY DOCKET 01-6380 ivil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGI TO THE PROTHONOTARY: Enter Judgment IN REM in the amount of $124,996.41 in favor of th defendant(s), jointly and severally, for failure to file an answer to Plaintiff's Foreclosure within 20 days from service thereof and assess Plaintiff's damag calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 8.00% from 08/01/00 to JUNE 10, 2002 (679 days @ $22.88 per diem) Accrued late charges Escrow advances made by plaintiff Corporate advance balance Attorneys Fees (As stated in Complaint) THOM~ J :~I~ORNI Attorn~'~ for Plaintiff TOTAL AMOUNT DUE AND NOW, judgment is entered in favor of the Plaintiff and against damages are assessed as above in the sum of $124,996.41 PRO PROTHY ~S Plaintiff and against the ~mplaint in Mortgage as follows and $102,956.31 $15,535.52 $492.76 $3,108.32 $75.00 $2,828.50 $124,996.41 IECK, ESQUIRE ~he Defendant(s) and ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (609) 755-1560, FAX (609) 755-1570 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-6380-CIVIL TERM ORDER AND NOW, this <Bloth day of~~%~200 ,~, pursuant to Plaintiffs Motion for special Service and accompanying Memorandum of Law in Support thereof, it is hereby ORDERED that Plaintiffs Motion is hereby GRANTED; Service shall be deemed proper upon the following methods: certified and regular mail Posting Property located at: 318 STUMPSTOWN R( PA 17055 Other, as required by the Court: It is further ORDERED that all subsequent pleadings shall be deemed defendants by the above methods of service or the methods of service as presc Pennsylvania Rules of Civil Procedure regarding service of legal papers other without further application to this Court for allowance of special service. }AD MECHANICSBURG, properly served upon [/bed by Rule 440 of the than original process SPEAR & HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY I.D. NO. 80057 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 2001-0638-P CERTIFICATION OF MAILING NOTICE PURSUANT TO RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to file Default Judgment was mailed to Defendant(s) and to his, her or their attorne) default occurred and at least ten (10) days prior to the date of the filing of th Judgment. A true and correct copy of each Notice is attached hereto, sent as Praecipe for the Entry of of record, if any, after the Praecipe for the Entry of ~tated. Dated: APRIL 24, 2002 THO~S f. FI~RNBECK, ~SQ~RE Atto~ey for Plaintiff SPEAR AND HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY I.D. NO. 80057 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF, LOAN NO.: 0001106087 BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANT(S) NOTICE To' JOSEPH EDWARD MARTIN 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 Date of Notice: APRIL 24, 2002 IMPORTANT NOTICE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.2001-0~ 380-P YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTIO* REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARINg3 AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS~ YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT ~FFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249~ ~ THOM~ ~. H~)RN[ ECK, ESQUIRE Attorn~ for Plaintiff, THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" I_~DER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING TIlE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR TIlE PURI~OSE OF COLLECTING THE DEBT. SPEAR AND HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF, LOAN NO.: 0001106087 BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANT(S) To: PATRICIA ANN MARTIN 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 Date of Notice: APRIL 24, 2002 COURT OF COMMON PLEAS CUMBERLAND COl JNTY DOCKET NO.2001-0 3380-P NOTICE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTII IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DA JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARIN¢ YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE Y~ )N REQUIRED OF YOU rE OF THIS NOTICE, A AND YOU MAY LOSE AKE THIS NOTICE TO AFFORD ONE, GO TO ~U CAN GET HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-~ l~~~~ ~ '-~IO1V~S J.' HORNt~ECK, ESQUIRE Attor~y for Plaintiff THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" U~DER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION Ol ~TAINED DURING THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURl 'OSE OF COLLECTING THE DEBT. SPEAR & HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY I.D. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANTS CERTIFICATION COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-6." THOMAS' J. HORNBECK, ESQUIRE, hereby verifies that she is th in the above captioned matter, and that the premises are not subject to the pro it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant ( x ) Act 91 procedures have been fulfilled 80 Civil Term .~ attorney for the Plaintiff visions of Act 91 because This certification is made subject to the penalties of 18 Pa.C.S.as~ti4n..,4904 relating to unsworn falsification to authorities. THOMAS J: i)IISR-'-NBE~, ESQUIRE Attorn~9 for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LAWRENCE E. WELKER Prothonotary TO: JOSEPH EDWARD MARTIN 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND CQUNTY DOCKET NO. 01-6~80 Civil Term NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are Judgment has been entered against you in the above proceeding as indicated X Judgment by Default Money Judgment Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEA. ATTORNEY THOMAS J. HORNBECK, ESQUIRE at this telephone numb~ hereby notified that a elow: gE CALL: (856) 755-1560 SPEAR & HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY I.D. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANT(S) CERTIFICATE OF SERVICE COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND CQUNTY NO. 01-6380 Civil Term We, Spear and Hoffman, P.A., Attorney for the Plaimiff, hereby ce~ify that we have served by first class mail, postage prepaid, tree and correct copies of the attached paper~ upon the following person(s) or their attorney of record: JOSEPH EDWARD MARTIN AND PATRICIA ANN MAR 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 fAS J.X~-IORNl / rIN ~ECK, ESQUIRE SPEAR & HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY I.D. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-6~80 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE THOMAS' J. HORNBECK, ESQUIRE, being duly sworn according that he is attorney for Plaintiff in the above-captioned matter, that he makes behalf, and that the statements in this Affidavit are true to the best of his kn( belief. Defendants, JOSEPH EDWARD MARTIN AND PATRICIA ANN ~ o law, deposes and says lis Affidavit on Plaintiff's vledge, information and ~ARTIN, are over 21 years of age. Their last employment is unknown. Defendants are not in the military service of the United States as contemplated by the Soldiers' and Sailors' Civil Relief Act, as amended. ~ This Affidavit is made in connection with the judgment upon a note ahd mortgage secured upon the premises located at 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055. SWORN TO AND SUBSCRIBED BEFORE MaE THIS DAY OF _~[,t___, 20_ BY: TH~,~AS ~'. Jnnel0,2~2 TERRI L. SMITH ;.' ,, :. NOTARY PUBLIC OF NEW JERSiY MY COMMISSION EXPIRES JAN. 28, (:~-- HORNBECK, ESQUIRE SPEAR & HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY I.D. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-6380 Civil Term CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plai atiff) is: BANK OF AMERICA, NA 475 CROSSPOINT PARKWAY P.O. BOX 9000 GETZVILLE, NY 14068-9000 / and that the last known address(es) of the judgment debtor (Defendant (s)) is (are): / JOSEPH EDWARD MARTIN 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 PATRICIA ANN MARTIN 318 STUMPSTOWN ROAD MECHANICSBURG~ THO/~/'. I-IORNBECK, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, NA VS. PRAECIPE FOR WRIT OF EXECUTION JOSEPH EDWARD MARTIN AND : PATRICIA ANN MARTIN : : TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judg~nent ( ) Other File No. 01-63~0 Civil Term Amount Due $124 996.41 Interest Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail ir account based on a confession of judgment, but if it does, it is based on the appropriate pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974: Issue writ of execution in the above matter to the Sheriffof CUMBERLAND debt, interest and costs upon the following described property of the defendant(s) 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND and costs, as above, directing attachment against the above-named garnishee(s) for the estate, supply six copies of the description; supply four copies of lengthy personalty lis and all other property of the defendant(s) in the possession, custody or control of the sl (Indicate) Index this writ against the garnishee(s) as~ described in the attached exhibit. ~x DATE: June 10, 2002 Signaturex . ~ ! l/x,_ t Print Name: THOIv~S J. HORlx Address: 1020 N. Kings Higl~ Cherry Hill, N.J. 08 stallment sale, contract, or original proceeding filed ts amended. County, for County, for debt, interest Following property (if real d games). defe~t(s) BECK, ESQUIRE way, Suite 210 )34 Attorney for: BANK OF AMER CA, NA ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT A STEEL PIN SET ON THE WESTERNMOST DEDICATI LINE OF THE STUMPSTOWN ROAD (T-570), SAID PIN MARKING THE ADJOINER OF LOTS NOS. 16 AND 17 ON THE HEREINAFTER MENTIO SUBDIVISION; THENCE DEPARTING FROM THE STUMPSTOWN ROAI AND EXTENDING ALONG LOT NO. 17, SOUTH 67 DEGREES 18 MINU~ WEST, FOR A DISTANCE OF 280.00 FEET TO A STEEL PIN; THENCE 1: LOTS NOS. 17, 18 AND 19, SOUTH 21 DEGREES 36 MINUTES 51 SECOI DISTANCE OF 320.00 FEET TO A STEEL PIN AT A FENCE LINE AT LA FORMERLY OF MAGARO; THENCE EXTENDING ALONG LANDS NO~ MAGARO, SOUTH 67 DEGREES 18 MINUTES 28 SECONDS WEST, FOR 205.00 FEET TO A STEEL PIN AT LOT NO. 15 ON THE HEREINAFTER OF SUBDIVISION; THENCE EXTENDING ALONG LOT NO. 15 THE FO] COURSES AND DISTANCES: NORTH 04 DEGREES 29 MINUTES 33 SE( DISTANCE OF 420.00 FEET TO A STEEL PIN; THENCE CONTINUING ] 18 MINUTES 28 SECONDS EAST, FOR A DISTANCE OF 260.00 FEET Ti ON THE WESTERNMOST DEDICATED RIGHT-OF-WAY LINE OF THE ROAD; THENCE EXTENDING IN AND ALONG THE WESTERNMOST [ OF-WAY LINE OF THE STUMPSTOWN ROAD, SOUTH 21 DEGREES 3~ SECONDS EAST FOR A DISTANCE OF 120.00 FEET TO A STEEL PIN £ RIGHT-OF-WAY LINE OF LOT NO. 17 ON THE HEREINAFTER MENTI SUBDIVISION, SAID PIN MARKING THE PLACE OF BEGINNING. CONTAINING 2.111 ACRES, AND BEING DESIGNATED AS LOT NO 1~ OF SUBDIVISION OF MONROE MEADOWS, PREPARED FOR KIMA, II AND LAHR, REGISTERED ENGINEERS BEING THE SAME PREMISES WHICH KIMA, INC BY DEED DATED N AND RECORDED NOVEMBER 19, 1987, IN THE RECORDER'S OFFIC[ CUMBERLAND, PENNSYLVANIA, IN DEED BOOK VOLUME 833 PAG CONVEYED UNTO JOSEPH EDWARD MARTIN AND PATRICIA ANN AND WIFE, THE MORTGAGOR HEREIN. ;D RIGHT-OF-WAY 2OMMON POINT OF NED PLAN OF } RIGHT-OF-WAY ?ES 28 SECONDS XTENDING ALONG ~DS EAST FOR A NDS NOW OR ! OR FORMERLY OF A DISTANCE OF MENTIONED PLAN .LOWING THREE ',ONDS WEST, FOR A 4ORTH 67 DEGREES A STEEL PIN SET TUMPSTOWN ;DICATED RIGHT- MINUTES 51 'N SAID DEDICATED DNED PLAN OF ON A FINAL PLAN lC., BY STATLER OVEMBER 07, 1987 IN AND FOR E 175, GRANTED AND vlARTIN, HUSBAND WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6380 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA NA Plaintiff (s) From JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN (1) You are directed to levy upon the property of the defendant (s)and to sell 318 STUMPSTOWN ROAD, MECHANICSBURG PA 17055. (2) You are also directed to attach the property of the defendant(s) not levied upoa in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamighee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any 1 ~roperty of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is fou ad in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/;he has been added as a garnishee and is enjoined as above stated. Amount Due $124,996.41 L.L. $0.50 ~nterest Atty's Comm % Due Prothy $1.00 Atty Paid $307.40 Other Costs Plaintiff Paid Date: JUNE 12, 2002 (Seal) REQUESTING PARTY: Name THOMAS J. HORNBECK, ESQUIRE Address: 1020 N KINGS HIGHWAY SUITE 210 CHERRY HILL, N J 08034 Attorney for: PLAINTIFF Telephone: (856) 755-1560 Supreme Court ID No. 80057 CURTIS R. LONG Prothonotary & Deputy l SPEAR & HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY I.D. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-6380 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, NA, Plaintiff in the above action, by its attorney, TI- ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, information concerning the real property located at 318 STUMPSTOWN RO~D MECHANICSBURG, PA 17055: 1 1. Name and'address of Owner(s) or Reputed Owner(s): / OMAS J. HORNBECK, the following JOSEPH EDWARD MARTIN 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 PATRICIA ANN MARTIN 318 STUMpSTOWN ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgmem: JOSEPH EDWARD MARTIN 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 PATRICIA ANN MARTIN 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 3. Name and last known address of every judgmem creditor whose judl the real property to be sold: ALLEGHENY COUNTY TAX LIEN REFERENCE #DT-00015885-2000 1 COURTHOUSE SQUARE CARLISLE, PA 17013 nent is a record lien on 4. Name and address of the last recorded holder of every mortgage of record: BANK UNITED OF TEXAS FSB COMMONWEALTH UNITED MORTGAGE 3461 MARKET STREET CAMP HILL, PA 17011 BANK OF AMERICA 475 CROSSPOINT PARKWAY PO BOX 9000 GETZVILLE, NY 14068-9000 5. Name and address of every other person who has any record lien on NONE 6. Name and address of every other person who has any record interest interest may be affected by the sale: DEBORAH A. HUGHES REFERENCE #BK-00000684-2000 258 NORTH STREET PO BOX 961 HARRISBURG, PA 17108 CHARLES J. DEHART, III C/O DEBORAH A. HUGHES REFERENCE #BK-00000684-2000 258 NORTH STREET PO BOX 961 HARRISBURG, PA 17108 DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH CUMBERLAND COUNTY TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 :he property: in the property and whose 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: TENANT(S)/OCCUPANT(S) 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 I I verify that the statements made in this affidavit are true and correct! to the best of my personal knowledge, information and belief. I understand that false statements here~n are made subject to the penalties of 18 Pa:C.S. §4904 relating to unsworn falsification to authorities ~,SQUIRE SPEAR & HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY I.D. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANTS COURT OF COMIV~ON PLEAS CUMBERLAND COUNTY DOCKET NO.01-63 30 Civil Term CERTIFICATION AS TO THE SALE OF REAL PROPERTY 1 I hereby certify that I am the Attorney of record for the Plaintiff in t~is Action against Real Property and further certify this property is: [ ] FHA - Tenant Occupied or Vacant [ ] Commercial [ ] . As a result of a Complaint in Assumpsit [ x ] That the Plaintiff has complied in all respects with Section 4G Mortgage assistance Act including but not limited to: (a) (b) (c) (d) Service of notice on Defendant(s) Expiration of 30 days since the service of notice Defendant(s) failure to request or appear at meeting with Mo] Consumer Credit Counseling Agency Defendant(s) failure to file application with Homeowners Em Assistance Program. I further agree to indemnify and hold harmless the Sheriff of CUMBI false statement given herein. 5~ ~ THO--M~ 'S J. 'HO~NI AttorneI for Plaintiff of the tgagee or ~rgency iRLAND County for any IECK, ESQUIRE CERTIFICATE TO THE SHERIFF BANK OF AMERICA, NA SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 : COURT OF COM~ION PLEAS VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN : NO.01-6380 Civil Term II. III. I HEREBY CERTIFY THAT The judgmem entered in the above matter is based on an action: __ A. In Assumpsit (Comract) __ B. In Trespass (Accidem) X C. In Mortgage Foreclosure __ D. On a note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. The defendant(s) own the property being exposed to sale as: A. An individual X B. Tenants by the Entireties __ C.~ Joint tenants with right of survivorship __ D. A partnership E. Tenams in Common __ F. A corporation The defendant(s) is (are): x A. Residem in the Commonwealth of Pennsylvania __ B. Not resident in the Commonwealth of Pennsylvania C. If more than one defendant and either A or B above rot applicable, state which defendants are residents of the Commonwealth of Pe~.nsylvania. Residents: ~'--/~'h Name: . iqBgCK/. ESOUIRE ( /Att.o .r~?/?.D.] ~.~../800t~7 Signal ~~ - Phone No.-- (85~ 755-1560v Address: /1020 N. Kin,~s Highway, Suite 210 · Cherry Hill, N.J. 08034 SPEAR & HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY I.D. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY TO: DOCKET NO.01-63 NOTICE OF SHERIFF'S SALE OF REAL PROPER JOSEPH EDWARD MARTIN 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 Your house (real estate) at: 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriff's Sale onSEPTEMBER 4, 2002 at: Civil Term FY CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 / at 10:00 a.m. to enforce the court judgment of $124,996.41 obtained by BA~K OF AMERICA, NA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'5 To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to BANK OF AMERICt judgment plus costs or the back payments, late charges, costs and reasonable find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking th the judgment, if the judgment was improperly entered. You may also ask the sale for good cause. 3. You may be able to stop the sale through other legal proceedi You may need an attorney to assert your rights. The sooner you conl SALE ~, NA the amount of the attorney's fees due. To ~ Court to strike or open Court to postpone the [laS. act one, the more chance you will have of stopping the sale. (See notice on page two 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 TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff thc sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, y~ of the property as if the sale never happened. 5. You have a right to remain in the property until the full amou Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer ma3 to evict you. 6. You may be entitled to a share of the money which was paid schedule of distribution of the money bid for your house will be filed by the thanOCTOBER 4, 2002 This schedule will state who will be receiving the m paid out in accordance with this schedule unless exceptions (reasons why the l wrong) are filed with the Sheriff within ten (10) days after the date of filing 7. You may also have other rights and defenses, or ways of get you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ON HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHO LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT 5 THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE US PURPOSE. full amount due in the ~u will remain the owner nt due is paid to the bring legal proceedings 'or your house. A heriff no later >ney. The money will be )roposed distribution is ~ said schedule. ng your house back, if 2E. IF YOU DO NOT qE THE OFFICE OU ARE ADVISED kTTEMPTING TO gD FOR THAT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Zie ler, Recorder of Deeds in and for said County and State do hereby certify that the SherifFs Deed in which Veterans Affairs is the grantee the same having been sold to said grantee on the 4th day of_Sept A.D., 2002, under and by virtue of a writ Execution issued on the J2th day of.June, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 01 Number _6380, at the suit of Bank of America NA against _Joseph Edward Martin & Patricia Ann is duly recorded in Sheriff's Deed Book No. 253, Page 3685. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,~T'~ , A.D. 2002 _day of R~'corder of Deeds Bank of America, NA VS Joseph Edward Martin and Patricia Ann Martin In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6380 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Joseph Edward Martin and Patricia Ann Martin, hut was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. DAUPH1N COUNTY RETURN: I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Joseph Edward Martin, the defendant named in the within Real Estate Writ, Notice & Description and that I am unable to find him in the County of Dauphin, and therefore return same NOT FOUND, July 12, 2002. Per Lori Vargo, resident, says defendant does not live there at 4000 Lexington Street, Harrisburg, PA. So answers: J. R. Lotwick, Sheriff of Dauphin County, PA. DAUPHIN COUNTY RETURN: I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Patricia Ann Martin, the defendant named in the within Real Estate Writ, Notice & Description and that I am unable to find her in the County of Dauphin, and therefore return same NOT FOUND, July 12, 2002. Per Lori Vargo, resident, says defendant does not live there at 4000 Lexington Street, Harrisburg, PA. Need a better address. So answers: J. R. Lotwick, SheriffofDanphin County, PA. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2002 at 9:25 o'clock A.M.,~ she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Joseph Edward Martin and Patricia Ann Martin located at 318 Stumpstown Road, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Co~ur~_, ouse, Carlisle, Cumberland County Pennsylvania, on September 4, 2002 at I0:00 o clock A.M. He sold the same for the sum of $1.00 to Attorney Thomas J. Hornbeck for Department of Veterans Affairs. It being the highest bid and the best price received for the same Department of Veterans Affairs of 1000 Liberty Ave., Pittsburgh, PA 15222, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $956.92, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 18.76 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 12.42 Certified Mail 2.29 Levy 15.00 Surcharge 30.00 Law Journal 372.35 Patriot News 280.15 Share of Bills 25.20 Distribution of Proceeds SherifFs Deed 25.00 29.50 $ 956.92 paid by attorney 9/19/02 Sworn and subscribed to before me So Answers: This (75~- dayof_~e~_~_ '~~ '~rff~ 2002, ~ro~o~ot~ ~ - - Real Estat4 Deputy SPEAR & HoFFMAN, P'A' BY: THOMAS J' HoRNBECK, ESQUIRE ATTORIqEY I.D. NO. 8005? 1020 N. KINGS HIGHWAY, sUITE 210 cHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNE.~Y FOR pLAINTIFF BANK OF AMERICA, NA pLAINTIFF, coURT oF coMMON pLEAS cuMBERLAND CouNTY DocKET NO. 01-6380 Civil Term ALLEGHENY CouNTY TAX LIEN REFERENCE #DT_00015885-2000 coURTHOUSE sQUARE '*LISLE, PA 1'/013 josEPH EDWARD MARTIN AND pATRICIA ANN MARTIN DEFENDANTS AFFIDAVIT puRSUANT TO RULE 3129.1 j. HoRNBECK, filed, the following BANK OF AMERICA, NA, Plaintiff in the above action, by its attorney, THOMAS ESQUIRE setS forth, as of the date the praecipe for the Writ of Execution was information concerning the real property located at 318 sTUMPSTOWN RoAD MECHANIcsBURG' PA 1'7055: 1. Name and addreSS of Owner(S) or Reputed owner(S): IosEPH EDWARD MARTIN 318 sTUMPSTOWN RoAD MECHANIcsBURG' PA pATRICIA ANN MART1N 318 sTUMPSTOWN RoAD MECHANIcsBURG' PA 1'/055 2. Name and addresS of Defendant(s) in the judgment: JosEPH EDWARD MARTIN 318 sTuMPSTOWN ROAD MECHANIcsBURG' PA 1 pATRICIA ANN MARTIN 318 sTuMPSTOWN RoAD MECHANICSBURG' PA 1~7055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: 4. Name and address of the last recorded ~older of every mortgage of record: BANK UNITED OF TEXAS FSB COMMONWEALTH UNITED MORTGAGE 3461 MARKET STREET CAMP HILL, PA 17011 BANK OF AMERICA 475 CROSSPOINT PARKWAY PO BOX 9000 GETZVILLE, NY 14068-9000 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: DEBORAH A. HUGHES REFERENCE #BK-00000684-2000 258 NORTH STREET PO BOX 961 HARRISBURG, PA 17108 CHARLES J. DEHART, III C/O DEBORAH A. HUGHES REFERENCE #BK-00000684-2000 258 NORTH STREET PO BOX 961 HARRISBURG, PA 17108 DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH CUMBERLAND COUNTY TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 7. Name and address of every other persoh of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT(S)/OCCUPANT(S) 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~U IRE sPEAR & HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY I.D. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-6380 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOSEPH EDWARD MARTIN 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 Your house (real estate) at: 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriff's Sale onSEPTEMBER 4, 2002 at: CUMBERLAND COUNTY COURTHOUSE 2NDFLOOR, COMMiSSiONERS HEARING ROOM 1COURTHOUSESQUARE CARLISLE, PA17013-3387 at 10:00 a.m. to enforce the court judgment of $124,996.41 obtained by BANK OF AMERICA, against you. NOTICE OF OWNER'S RIGHTS NA YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to BANK OF AMERICA, NA the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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 on page two 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 TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later thanOCTOBER 4, 2002 This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT A STEEL PIN SET ON THE WESTERNMOST DEDICATED RIGHT-OF-WAY LINE OF THE STUMPSTOWN ROAD (T-570), SAID PIN MARKING THE COMMON POINT OF ADJOINER OF LOTS NOS. 16 AND 17 ON THE HEREINAFTER MENTIONED PLAN OF SUBDIVISION; THENCE DEPARTING FROM THE STUMPSTOWN ROAD RIGHT-OF-WAY AND EXTENDING ALONG LOT NO. 17, SOUTH 67 DEGREES 18 MINUTES 28 SECONDS WEST, FOR A DISTANCE OF 280.00 FEET TO A STEEL PIN; THENCE EXTENDING ALONG LOTS NOS. 17, 18 AND 19, SOUTH 21 DEGREES 36 MINUTES 51 SECONDS EAST FOR A DISTANCE OF 320.00 FEET TO A STEEL PIN AT A FENCE LINE AT LANDS NOW OR FORMERLY OF MAGARO; THENCE EXTENDING ALONG LANDS NOW OR FORMERLY OF MAGARO, SOUTH 67 DEGREES 18 MINUTES 28 SECONDS WEST, FOR A DISTANCE OF 205.00 FEET TO A STEEL PIN AT LOT NO. 15 ON THE HEREINAFTER MENTIONED PLAN OF SUBDIVISION; THENCE EXTENDING ALONG LOT NO. 15 THE FOLLOWING THREE COURSES AND DISTANCES: NORTH 04 DEGREES 29 MINUTES 33 SECONDS WEST, FOR A DISTANCE OF 420.00 FEET TO A STEEL PIN; THENCE CONTINUING NORTH 67 DEGREES 18 MINUTES 28 SECONDS EAST, FOR A DISTANCE OF 260.00 FEET TO A STEEL PIN SET ON THE WESTERNMOST DEDICATED RIGHT-OF-WAY LINE OF THE STUMPSTOWN ROAD; THENCE EXTENDING IN AND ALONG THE WESTERNMOST DEDICATED RIGHT- OF-WAY LINE OF THE STUMPSTOWN ROAD, SOUTH 21 DEGREES 36 MINUTES 51 SECONDS EAST FOR A DISTANCE OF 120.00 FEET TO A STEEL PIN ON SAID DEDICATED RIGHT-OF-WAY LINE OF LOT NO. 17 ON THE HEREINAFTER MENTIONED PLAN OF SUBDIVISION, SAID PIN MARKING THE PLACE OF BEGINNING. CONTAINING 2.111 ACRES, AND BEING DESIGNATED AS LOT NO 16 ON A FINAL PLAN OF SUBDIVISION OF MONROE MEADOWS, PREPARED FOR KIMA, INC., BY STATLER AND LAHR, REGISTERED ENGINEERS BEING THE SAME PREMISES WHICH KIMA, INC BY DEED DATED NOVEMBER 07, 1987 AND RECORDED NOVEMBER 19, 1987, IN THE RECORDER'S OFFICE IN AND FOR CUMBERLAND, PENNSYLVANIA, IN DEED BOOK VOLUME 833 PAGE 175, GRANTED AND CONVEYED UNTO JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN, HUSBAND AND WIFE, THE MORTGAGOR HEREIN. SPEAR & HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY I.D. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NA PLAINTIFF, VS. JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-6380 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PATRICIA ANN MARTIN 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 Your house (real ~state) at: 318 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriff's Sale onSEPTEMBER 4, 2002at: CUMBERLAND COUNTY COURTHOUSE FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $124,996.41obtained by BANK OF AMERICA, NA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to BANK OF AMERICA, NA the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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 on page two on how to obtain an attorney.) ~'OU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price hid by calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money hid for your house will be filed by the Sheriff no later thanOCTOBER 4, 2002. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1COURTHOUSESQUARE CARLISLE, PA17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT A STEEL PIN SET ON THE WESTERNMOST DEDICATED RIGHT-OF-WAY LINE OF THE STUMPSTOWN ROAD (T-570), SAID PIN MARKING THE COMMON POINT OF ADJOINER OF LOTS NOS. 16 AND 17 ON THE HEREINAFTER MENTIONED PLAN OF SUBDIVISION; THENCE DEPARTING FROM THE STUMPSTOWN ROAD RIGHT-OF-WAY AND EXTENDING ALONG LOT NO. 17, SOUTH 67 DEGREES 18 MINUTES 28 SECONDS WEST, FOR A DISTANCE OF 280.00 FEET TO A STEEL PIN; THENCE EXTENDING ALONG LOTS NOS. 17, 18 AND 19, SOUTH 21 DEGREES 36 MINUTES 51 SECONDS EAST FOR A DISTANCE OF 320.00 FEET TO A STEEL PIN AT A FENCE LINE AT LANDS NOW OR FORMERLY OF MAGARO; THENCE EXTENDING ALONG LANDS NOW OR FORMERLY OF MAGARO, SOUTH 67 DEGREES 18 MINUTES 28 SECONDS WEST, FOR A DISTANCE OF 205.00 FEET TO A STEEL PIN AT LOT NO. 15 ON THE HEREINAFTER MENTIONED PLAN OF SUBDIVISION; THENCE EXTENDING ALONG LOT NO. 15 THE FOLLOWING THREE COURSES AND DISTANCES: NORTH 04 DEGREES 29 MINUTES 33 SECONDS WEST, FOR A DISTANCE OF 420.00 FEET TO A STEEL PIN; THENCE CONTINUING NORTH 67 DEGREES 18 MINUTES 28 SECONDS EAST, FOR A DISTANCE OF 260.00 FEET TO A STEEL PIN SET ON THE WESTERNMOST DEDICATED RIGHT-OF-WAY LINE OF THE STUMPSTOWN ROAD; THENCE EXTENDING 1N AND ALONG THE WESTERNMOST DEDICATED RIGHT- OF-WAY LINE OF THE STUMPSTOWN ROAD, SOUTH 21 DEGREES 36 MINUTES 51 SECONDS EAST FOR A DISTANCE OF 120.00 FEET TO A STEEL PIN ON SAID DEDICATED RIGHT-OF-WAY LINE OF LOT NO. 17 ON THE HEREINAFTER MENTIONED PLAN OF SUBDIVISION, SAID PIN MARKING THE PLACE OF BEGINNING. CONTAINING 2.111 ACRES, AND BEING DESIGNATED AS LOT NO 16 ON A FINAL PLAN OF SUBDIVISION OF MONROE MEADOWS, PREPARED FOR KIMA, INC., BY STATLER AND LAHR, REGISTERED ENGINEERS BEING THE SAME PREMISES WHICH KIMA, INC BY DEED DATED NOVEMBER 07, I987 AND RECORDED NOVEMBER 19, 1987, IN THE REC©RDER'S OFFICE IN AND FOR CUMBERLAND, PENNSYLVANIA, IN DEED BOOK VOLUME 833 PAGE 175, GRANTED AND CONVEYED UNTO JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN, HUSBAND AND WIFE, THE MORTGAGOR HEREIN. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLX)ANIA) NO 01-6380 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA NA Plaintiff (s) From JOSEPH EDWARD MARTIN AND PATRICIA ANN MARTIN (1) You are directed to levy upon the proper~y of the defendant (s)and to sell 318 STUMPSTOVVN ROAD, MECHANICSBURG PA 17055 . (2) Y°u are also thrected to aRach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and.to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If pr°perty °f 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. Amoum Due $124,996.41 Interest Atty's Corem % Atty Paid $307.40 Plaintiff Paid Date: JUNE 12, 2002 L.L. $0.50 Due Prothy $1.00 Other Costs (Seal) REQUESTING PARTY: Name THOMAS J. HORNBECK, ESQUIRE Address: 1020 N KINGS HIGIUWAY SUITE 210 CHERRY HILL, N J 08034 Attorney for: PLAINTIFF Telephone: (856) 755-1560 Supreme Court ID No. 80057 CURTIS R. LONG Prothonotary Deputy Real Estate Sale # 59 On June 17, 2002 the sherifflevied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA known and numbered as 318 Stumpstown Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 17, 2002 Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND · SSo Roger M. Morgenthal, 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, viz: JULY 26, AUGUST 2, 9, 2002 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. REAL ESTATE SALE NO. 59 Writ No. 2001-6380 Ctv/1 Bank of Amer/ca, NA VS. Joseph Edward Martin and {T-5701, said pin mark/rig the corn- al, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002 E. / the ~ grees £or ~ Steel ~20. a~cl Steel ~a~st 18 PiN 20. the be1. a~d THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the 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 business 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 since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 8th day(s) of August 2002. 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 S A L E #59 REAL ESTATE 8ALE No. 59 -I. MI l'ern~ u~t:r, tt'll0N Terly L Russell, Notary P~blic MyCommissionExpiresJune6,2006 I '~ NOT;~'RY PUBLIC Member, Pennsylvania AsSOCiation Of Nola6es My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ~ALLTY~]'CE'~A~q~to~si. . . CARLISLE, PA. 17013 ~,-~=d~,~*~?~, Statement of Advertising Costs ~ ~t- ~wa,,, ....... To THE PATRIOT-NEWS CO.. Dr. ~~. }J.~_-. ,ea,~ll ~ ~ hereto on the above stated dates $ 278.40 ~g~S~R~ Probating same Nota~ Fee(s) $ 1 75 ~~;.~ Pub sher's Receipt for Advertising Cost ~-~:.~lYof~; ~=~.~vs Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general ;;~,~u~,=a~7~")wledge receipt of the aforesaid notice and publication costs and ce~ifies that the same have -,~Smg, and ,~ . "' neither he -~ .~ w. lch appea-~ .~u hereto s ~ ..... ~ver snce; true; and - .Ual all Of th .... .ur said Co~ .... -~u on the 2q.~ ~=u[ly as ri '~ anegations ~. .~, ,,,Na~iy ~s inter~.+ . , ~.u and 30th ~- - p nted a That ~h~s persona/ kno,..,--, ~. m,s statement ~o.eu m the sub,~, uay(s) of July Statement on as to the tim~ , ~c[ matter of -~,,a. of The p .... ,.~oge of the fa~f- - '"~, P~ace and Chara adopted Severally by the Stockholders and board of directors of the e~'u'~°n unanimOus =~lOt-News Co. afor~-;~ atoresaid and is ~,-, Cier of p the off/ce for the Reco · ~a~o by Vi~ue an~ ~. ~u~y authorized Volume 14, Page 317,rdmg of Deeds in and for "-ursuant to a r .~,~.nd empowere~ said County said Company and SUbsequently du of Dauphin in MiScellaneous Book "M", PUBLICATION S A L E ~59 My commiSSion expires June 6, 200 , ~ CUMBER~ND COU~ SHERiFfS O~iCE CUMBERED ~U~ ~. CARLISLE, 17013 Statement of A~vertising Costs 7o THE PATRIOT. NEWs CO., Dr. ' ~ For Publishing the notice o, . hereto on the ~- r PU~hcat~on attached Pro~ating Same -~e stated dates $ 27 TOtal NOta~ Fee(s) Pu~isher,s Recei t fo Co,, PuD~iSher ~. ~. P r Ad ....... 'w~edge receipt of~.~s a-~ ~r[Is~ng COst · .e aforesaid~ .~~ ,~e and P~Ii~, newspager ~ o,~ and ce~ifies tha~th~ of Same By ....