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HomeMy WebLinkAbout08-3028GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. JOHN C. BYRNE Mortgagor and Real Owner 142 South West Street Carlisle, PA 17013 Defendant Term No. 0$ - 3oa8 CIVIL ACTION: MORTQAGEE F?Qf31?C91.f.??? a' ?v; 1 ye- M NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. -_= -- - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ' RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http•//www phfa org/consumers/homeowners/real.asyx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 66086FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC., 7105 Corporate Drive, PTX C-35 Plano, TX 75024. 2. The names and addresses of the Defendant is JOHN C. BYRNE, 27 Redwood Drive, Unit A, East Haven, CT 06513, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On May 15, 2007 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1993, Page 3442.. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January 01, 2008 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$155,177.23 Interest from 12/01/2007 through 04/28/2008 at 7.3750% .......................$4,702.50 Per Diem interest rate at $31.35 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$7,758.86 Late Charges from 01/01/2008 to 04/28/2008 .............................................$215.36 Monthly late charge amount at $53.84 Costs of suit and Title Search ...................................................................... $900.00 Monthly Escrow amount $549.87 $168,753.95 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in person am" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $168,753.95, together with interest at the rate of $31.35, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. B Y• GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION 1 rSElMAN as the representative of' the Plaintill' corporation within named do hereby verify that 1 am authorized to and do make this verification on bchalfof the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge. information and belief. I understand that false statements therein arc ni idc subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Datc: 00 c SEL", ASSISTANT VICE PRESICIEN r 142 South West Street Carlisle. PA 17013 -.101 IN C. 13YRN1; EythibitA ALL. THAT CERTAIN of land skwte In to Third Ward of the t1omugh of CaflMe, Cumberland Gw?dy, Pon , rowo pw§w bounded and deed as followsf to WI . BEING that parcel of bood?ared on the north by the property o vow or *otrKlody of west Street A.M.E. Zion ; on the Last by 3oulh Wed ? an the Sa M by properly now or tF r w rly Adi m LS. Otb wA wftfarad on the 1W*d ay a ,1 D loot alley; hsvkV a *orApoe an West ;,Itre A of 30 Pest, more or ism and motending in depth 95 feet. more or Ness ito alloy In the near. Ey?hibit (13 ®combyww HOME LOANS PO Box 9048 Temecula, CA 925899048 Send Payments To: PO Box 660694 Dallas, TX 752660694 Send Comspondence to: PO Box 5170, MS SV3140 Simi Valley. CA 93065 7113 8257 1472 6241 43 Jahn C Byme 142 S WEST ST CARLISLE, PA 17013-2840 08030}7 B-QPA1 PRESORT First-Class Mall U.S. Poatageand Fees Paid WSD 1054-8 ®CounbvWde- HOME LOANS Seri/ Payments to: P.O. Box 860694 PD Box 660694 0affas, TX 75266-0694 X 752 Dallas, 7X 75266-0694 03/03/2008 Certified Mail: 7113 8257 1472 6241 4375 Return Receipt Requested Regular Mail John C Byrne Account No.: 161382697 142 S WEST ST Property Address: CARLISLE, PA 17013-2840 142 South West Street Carlisle, PA 17013-2840 Current Servicer,• Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is are otNclal notice that the mo taaae on your hone is in default and the lender Intends to foreclose. SpedAc Information about the nature of the clef" Is Provided M the attached Pasws. The HOMEOtIY1?R'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able to help to save vow home. This Notice explains how the Program works. To see If HEMAp can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselina Anencv. TNs Notice contains important legal Information. H you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAcON EN ADJUNTO ES DE SOMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. S1 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OWMNGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRmA. PUEDE SER ELEGELE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA HOMEOWNER'S NAME(S): John C Byrne PROPERTY ADDRESS: 142 South West Street Carlisle. PA 17013-2840 LOAN ACCT. NO.: 161382697 ORIGINAL LENDER: CURRENT LENDERISERVICER: Countrywide Home Loans Servicing LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Please wriw your amoum number on all dwcks and koR *mclerw. VW may crags you a tee foray paymod reamed or isleded W your nroncial lrolrrllort subled to appicable law. Account Number.1813UW-1 • Male your check payable to John C Byrne Balance Due for charges listed above: $4,987.57 as of 31312008. Counrywdda Home Loans • Write your account number on 142 South West Street Pkweupdormei nb., fin w me reuse side dMe=pw your check or money order adddonal amounts • V*b In an y pal you ire In (r trial is more ttancWding55000 pease send p ; Opel , cerdfled checc) aLOpnt • Don't Mach your crack to the Pdd"dcrol D?sryment coupon d I l d rsaoa ence • Dont e conespon nc u • Dont send cash Countrywide O BOX 660694 P ghar Dallas, TX 75266-0694 Ilkkrlrlklkkrlrirllkrrllrklikrrrllr?lklkkklrrliklkrrlr l??l?llirkkl Check rd•I 161382697100000448757000498757 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT's, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days alter the date of this meeting. The names. It is only necessary to schedule one tace-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have flied bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTI£:E OF INfTH91''1'O FORECLOSE YOUR HOWE LOAN IS W A STATE OF DEFAULT GUE TO THE REASONS ME°<F'f BONED IN THIS NOTICE, YOU MUST TAKE ACTION TO SANE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 142 South West Street Carlisle, PA 17013-2840 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due Monthly Charoes: 01/01/2008 Late Charges: Other Late Charges 01/01/2008 Total Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: E-mail use Pr(Mdinrngg ygauremall address below will allow le to send you Information on your account Account Number 1tilalaYi' John C"E-mail address $4,879.89 $107.68 $0.00 $0.00 ($0.00) $4,987.57 How we post your prprthr lht Al accepted paymems or prkndpal and Interest will be applied to the longest outstanding Instalment due, urfess otherwise expressly proNbled or limited by law. If you submit an amount in addition to your schadt/ed momhly amount, we will apply your payrnerts as follows: (1) to outstanding monthly peymerts of principal and Intaree, QI) esxxew dafiolendw, (III) late charges and other anourts you we in connection with your loan and (b) to reduce the ousm(Ing principal balance of you loan Please specify If you wart an addlional amount applied to future payments, rather than principal reduction. Pioslddsd dieft Countrywkie's pony is to not accept poddeted checks, urim epedlxally agreed to by a loan counselor ortechnician. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not ann icablel HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,987.57, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (301 DAY PERIOD. Payments must be made either by cashier's check certified check or money order made oavable and sent to: Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. You ran cure an other default by takino the followina action within THIRTY (301 DAYS of the date of this letter. (Do not use if not anplicable) IF YOU DO NOT CURE THE DEFAULT - If you do not are the default within THIRTY (30) DAYS of the date of this Notice, the lender Intends to exercise Its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your rase to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will stilt be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (301 DAY period, you will not be required to pay attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - It you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your defmlt In the manner set forth in this notice will restore your mortgage to the same position as H you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - it is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Countrywide Home Loans Servicing LP Address: P. Q Box 660694 Dallas, 7X 73266-0694 Phone Number: 1400-669-0102 Fax Number. 1-805-577-3432 Contact Person: MS PTX 36 Attention: Loan Counselor EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property alter the Sheriffs sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BYANY THIRD PARTY ACTING ON YOUR BEHALF. 7113 8257 1472.624J04a75 TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDERTHE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents, Countrywide may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described Inspections and property preservation efforts will be charged to your account as provided In your security Instrument. If you are unable to cure the default on or before April 2, 2008, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide. Our basic plan requires that Countrywide receive, up front, at least 'A of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. • Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure altemative, however, is limited to certain loan types. • Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through Countrywide even if your home is worth less than what is owed on it. • Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will need to evaluate whether that assistance will be extended to you. In the meantime, Countrywide will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by April 2, 2008 as outlined above will result in the acceleration of your debt. Time is of the essence. lt you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-800.669-0102. I CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Adams County Interfaith CCCS of Western PA Community Action Commission Housing Authority 2000 ungiestown Road of Captai Region 40 E High Street Harrisburg, PA 17102 1514 Deny Street Gettysburg, PA 17325 888.511.7227 Harrisburg, PA 17104 717.334.1518 717.232.9757 Loveship, Inc. Maranatha PHFA 2320 North 51h Street 43 PhWelphia Avenue 211 North Front Street Harrisburg, PA 17110 Waynesboro, PA 17268 Harrisburg, PA 17110 717.232.2207 717.762.3285 717.78113940 800.342.2397 r- X U1 ?u rn? 00 c SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03028 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS BYRNE JOHN C R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BYRNE JOHN C but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT BYRNE JOHN C 142 SOUTH WEST STREET CARLISLE, PA 17013 DEFENDANT NO LONGER LIVES AT GIVEN ADDRESS. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answers: Docketing 18.00 - ,- ?_? Service 5.00 Affidavit 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 0 ,Z/n? ?.. 0 3 GOLD13ECK MCCAFFERTY MCKEEVER 05/21/2008 Sworn and Subscribed to before me this day of A.D. GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF ATTORNEY TRW ANU -By CE"FV _?S IS COPY THLt ()iIGf ;L F ED?? MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. JOHN C. BYRNE Mortgagor and Real Owner 142 South West Street Carlisle, PA 17013 Defendant Term No. 09 -3028 CI V1 ?-J' ML Ala TION: MORRTWIG NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO TWIE COPY FROM RECORD ,n Teso y whered, 9 ho4e urrta set my ham and ft W of Said C€ d A Cll t}sle, Pa. . 01 t f ? Oro enetam LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DEMANDA. - - RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELPFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERP CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, PSTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http•//www phfa ors/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@moldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 66086FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING ELY AS A NOMINEE FOR COMMUNITY LENDING INC.1 7? R ECTCI , TX 75024. Aoff011HEY A TRUE AN CO THE ORIGINAL FILED 2. The names and addresses dant is JOHN C. BYRNE, 27 Redwood Drive, Unit A, East Haven, CT 06513, who is tagor and real owner of the mortgaged premises hereinafter described. 3. On May 15, 2007 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1993, Page 3442.. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January 01, 2008 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: ......................................................................$155,177.23 . Principal Balance .......... . Interest from 12/01/2007 through 04/28/2008 at 7.3750% .... ...................$4,702.50 Per Diem interest rate at $31.35 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$7,758.86 Late Charges from 01/01/2008 to 04/28/2008 ....................... ......................$215.36 Monthly late charge amount at $53.84 Costs of suit and Title Search ......................................................................$900.00 Monthly Escrow amount $549-87 $168,753.95 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $168,753.95, together with interest at the rate of $31.35, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. B Y• GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION as the representative of the Plaintiff corpor?ltion within named do herchv verify that I am authorized to and do make this verification on hchall'olthc Plaintiff corporation and the facts set forth in the foregoing Complaint arc true and correct to the best of my knowledge. inlorrnation and belief. I understand that false statements therein are made subject to the penalties of 18 Ila. C.S. 4904 relating to unsworn falsification to authorities. bate: _- t SELMAN, ASSISTANT Vi CE NMSIt7 EN r 142 South Vilest Street Carlisle, PA 17013 - JOIIN C. I3YRNI" EythibitA AL THAT CERTAIN trad of land siWate in the Third 1, wd of the SwaVh of Cargsts. Curnbeftnd County, P syhwia. mote pairtfal$.rty? bounded and dosortbed as yolo". to wit. BEING that parcel of lart tred can the north by the pmpprty now or formerly of West Street A-M.E. : o m the Bast by 3oaft Wed ftest on the South by property now or forr?terty Awn LS. Oft and ?; and on #w Wog by a 1Qfoot alley; h? a € taga on West ;fit of 30190, more or bsss? and erring in depot 95 16M. more orleSs to tt? alley in the rear, E Eyhibit (B WiCoti tnrwW& HOME LOANS PRESORT PO Box 9048 First-Class Mail Temecula CA 92589-9048 lP 111111111111111111 U S , Fees ad WSO 7113 8257 1472 L241 4375 Send Payments To: PO Box 660694 Dallas, TX 752664)694 Send Correspondence to: PO Box 5170, MS SV314B Simi Valley, CA 93D65 John C Byrne 142 S WEST ST CARLISLE, PA 17013-2840 000903-7 8LQPA1 1054-8 f Counbywide, HOME LOANS P.O. Box 660694 Send Payments to: Dallas, 7X 75266-0694 PO Box 660694 Daras, TX 75266-0694 0 310 312 0 0 8 Certified Mail: 7113 8257 1472 6241 4375 Return Receipt Requested Regular Mail John C Byrne Account No.: 161382697 142 S WEST ST Property Address: CARLISLE, PA 17013-2840 142 South West Street Carlisle, PA 17013-2840 Current Service; Countrywide Home Loans Servicing LP ACT 91 NOTICE FORECLOSURE This is an official notice that the mortgage on your home i in default and the lender intends to foreclose Specific Information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEM Pt may h able to help to save your home. This Notice explains how the program works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY IMTHIN an DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you most with the Counseling Agency. This Notice contains Important legal Information. N you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney In your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACi6N EN ADJUNTO ES DE SOMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACON OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NOMERO MENCIONADO ARRIBA PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): John C Byrne PROPERTY ADDRESS: 142 South West Street _Carlisle, PA 17013-2840 LOAN ACCT. NO.: 161382697 ORIGINAL LENDER: CURRENT LENDERISERVICER: Countrywide Home Loans Servicing LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS • Male your check payable to Catahtrywide Fbrre Loar>s • Nlrtte yolr aDwA number on your Check or money order • Write In any additional amounts you are Indudlnq (If tow is 50 b, please send more than check) ouffied • Dont attach your check to the DDaymentCoupon • DOnt include correspondence • Dont send cash TAKE ACTION TO SAVE YOUR HOME FROM P"" wtse you' ai:coird number on all Chocks and aonwpomance. 4Ye mey chap you a fee bratty payment retuned or repded by you trantril ireltutlork su*cl to apptrable low. Account Number. 181382997-1 John C Byme Balance Due for charges listed above: $4,987.57 as of 3131200B. 142 South West Street BLQPA1 Countrywide PO BOX 660654 Dallas, TX 75266-0694 II---1-I-I---I-I-II---II--II---rll-rl-I---Ir-II-I r--I--I--I-III---i Please update e-nI n6rrtatbn m the rewse side of thiB Cm pm. Addilonal Pal Additonal Esooe om« Total 1613826971000004._4.8757000498757 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'}, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for ill ii:ty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit coun lino ao nciforthCo my in which the oroo rty is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty f30i days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be noted directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTW.: OF i;NTM10" )':? YC?i?R i i0.41- : LOAN M ESP A ST.-u,- i?? L :i=,AlUi T DUE TO THE >'t_AON' nii,it,D.tN 't:?TIC .fE'i fi Tii5 li YS\i ?.'tt3i> : -i:liCi_ r??,TEi?k i?l? ;i 2?rE YOUR ?ii_>sriE: FROM F=OFc:_+r».O>?Jxi:i_ NATURE OF JUE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 142 South West Street Carlisle, PA 17013-2840 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due Monthly Charges: 01/01/2008 Late Charges: 01/01/2008 Other Late Charaes Total Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: E-mal use Providinngg youre-mail address belay will allow us to send you information on your aawurt Account Number.. Illaalli Jahn C Byrne E-mail address $4,879.89 $107.68 $0.00 $0.00 ($0.00) $4,987.57 Itmr we pat ymr ptyttrtrtls All accepted payments of principal and Inter" will be applied to the longes otmanding Imtallmen t due, unless otherwise expressly prohibited or Ilmbd by law. If you submit an amourt In addition to your schedled monthly amount, we will apply your payments as follows: (1) to outstanding monthly payments of principal and interest, #I) escrow deedenclo, (1111) late charges and other amounts you on In connection with your loan and (IV) to reduce the oustandng pdndpal balance of you loan Please specify N you warn an adrKfanal amount appied to future payments, rather than principal reduction. PaltYitd dM . Court Ode's polity Is to riot accept postdated checks, tnlass specifically agreed to by a loan couuslor or tectnldan. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not armlicable) HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,987.57, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made Payable and sent to: Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. You can cure any other default by takina the following action within THIRTY (30) DAYS of the date of this letter, (Do not use if not agohcable) IF YOU DO NOT CURE THE DEFAULT - 11 you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - it is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Countrywhis Home Loans Servlcing LP Address: P. O. Box 660694 Dallas, TX 73266-0694 Phone Number: 1800-669.0102 Fax Number. 1-803-377-3432 Contact Person: US PTX-36 Attention: Loan Counselor EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property alter the Sheriffs sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. Wwm 4 '.T - 7113 8257 3472.6241 ua?s- TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents, Countrywide may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security instrument. If you are unable to cure the default on or before April 2, 2008, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide. Our basic plan requires that Countrywide receive, up front, at least 1/2 of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. • Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types. • Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through Countrywide even if your home is worth less than what is owed on it. • Deed4n-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will need to evaluate whether that assistance will be extended to you. In the meantime, Countrywide will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by April 2, 2008 as outlined above will result in the acceleration of your debt. Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-800-669-0102. I CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Adams County Interfaith Housing Authority CCCS of Western PA 2000 Linglestown Road Community Action Commissloi f C 40 E High Street Harrisburg, PA 17102 o aptlal Region 1514 Deny Street Gettysburg, PA 17325 717 334 1518 888.511.2227 Harrisburg, PA 17104 . . 717.232.9757 Loveship, Inc Maranatha PHFA 2320 North 51h Street 43 Philadelphia Avenue 211 North Front Street Harrisburg, PA 17110 Waynesboro, PA 17268 Harrisburg, PA 17110 717.232.2207 717.762.3285 717.780.3940 800.342.2397 eu ?` ? r ? r 1 ?,F (1 C.1 L it V r'? t?UU? GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. JOHN C. BYRNE (Mortgagor(s) and Record Owner(s)) 142 South West Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-3028 PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PLAINTIFF UNDER Pa.R.C.P. 2352 TO THE PROTHONOTARY: Kindly file of record the Praecipe of COUNTRYWIDE HOME LOANS, INC. for Voluntary Substitution Under Pa.R.C.P. 2352 and attached Statement of Material Facts in Support of Voluntary Substitution, Verification, Certification of Service. The address for the Plaintiff is : 7105 Corporate Drive, PTX C-35 , Plano, TX 75024. 1) k M KEEVE , ESQUIRE , , -10 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. JOHN C. BYRNE (Mortgagor(s) and Record Owner(s)) 142 South West Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-3028 Defendant(s) STATEMENT OF MATERIAL FACTS IN SUPPORT OF VOLUNTARY SUBSITTUTION UNDER Pa.R.C.P. 2352 COUNTRYWIDE HOME LOANS, INC., by counsel, hereby voluntarily substitutes itself as Plaintiff in the above-captioned matter and in support thereof represents as follows: 1. The above-captioned action is one in mortgage foreclosure regarding the premises as noted in the caption. 2. The subject of the above-captioned action is a first mortgage on said premises recorded at Mortgage Book 1993, Page 3442 in the Office of the Recorder of Deeds for this County. 3. The original Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC.. 4. COUNTRYWIDE HOME LOANS, INC. is the successor in interest to the Plaintiff by Assignment lodged for recording in the Office of the Department of Records and is hereby voluntarily substituted as Plaintiff in the above-captioned matter. Respectfull ubmitte C AEL T. MCKEEVER, ESQ GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. JOHN C. BYRNE (Mortgagor(s) and Record Owner(s)) 142 South West Street Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE Term No. 08-3028 Michael T. McKeever, Esquire, hereby certifies that he did serve true and correct copies of Praecipe for Voluntary Substitution and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on June 24, 2008. JOHN C. BYRNE 27 Redwood Drive, Unit A East Haven, CT 06513 And 142 South West Street Carlisle, PA 17013 ?4Mi ael T. McKeever, Esq. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Aj -c -rr7 GOLDBECK McCAFFERTY & MCKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 08-3028 JOHN C. BYRNE 142 South West Street Carlisle, PA 17013 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, David B. Fein, Esq., in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 142 South West Street, Carlisle, PA, 17013, hereinafter, the "mortgaged premises". 2. Defendant, JOHN C. BYRNE, is the mortgagor and real owner of the mortgaged premises. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), I, David Fein, Esquire, hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the Defendant has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendant to request his concurrence. 4. The last known address of Defendant, John C. Byrne, is 27 Redwood Drive, Unit A, East Haven, CT 06513. 5. The Sheriff has been unable to effect service of the Complaint upon Defendant, John C. Byrne, at the property, 142 South West Street, Carlisle, PA, 17013. Per Sheriff, the Defendant no longer lives at the given address. And there is no forwarding address on file at the post office. Service was also attempted at the last known address, 27 Redwood Drive, Unit A, East Haven, CT 065113. Per Process Server, after several attempts, the Process Server spoke with the Defendant's sister at the address and stated that the Defendant does not reside at given address, would not give their name and would not open the door to accept papers. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, John C. Byrne. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant, John C. Byrne, by posting the premises and certified and regular mail to the Defendant's last known address. Respectfully submitted, Davi B. Fein, Esq. ProVest, LLC Affidavit of Good Faith Investigation Client provided information: File Number: 66086FC Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Subject Name: John C. Byrne a/k/a John Christopher Bryne Property Address: Street: 142 South West Street City: Carlisle State: PA Zip 17013 Skip Results: Date of Birth: 07/04/1962 ProVest File Number: 963857 Verified Dates: As of 4/30/2008 Street: 27 Redwood Drive, Unit A Phone: City: East Haven State: CT Zip: 06513 Death Records: As of 4/30/2008, the Social Security Administration has no death record on file for John C. Byrne a/k/a John Christopher Bryne. Social Security Number Search Completed. Employment Search: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for John C. Byrne a/k/a John Christopher Bryne as 27 Redwood Drive, Unit A, East Haven, CT 06513. Department of Motor The Pennsylvania Department of Motor Vehicles provided no change for John C. Byrne a/k/a Vehkle Records: John Christopher Bryne from 27 Redwood Drive, Unit A, East Haven, CT 06513. Public Licenses (Plot, Search performed provided no information. Real Estate, etc): Voter Registration The County Voters Registration Office has no listing for John C. Byme'a/k/a John Christopher Information: Bryne. National Postal Has no change for John C. Byrne a/k/a John Christopher Bryne from 217 Redwood Drive, Unit Address Search: A, East Haven, CT 06513. Military Search: There was no active military status found. Comments: 203-468-2977: Spoke with neighbor, Mrs. Robinson, verified current address as 27 Redwood [give, Unit A, East Haven, CT 06513. On 4/30/2008, I, Tonya Hardin being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. Affloft N Subscribed am >o before me, Air- Notary Ic Date: 4/30/2008 MYCOWN1111111I13I A* g% to" SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03028 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS BYRNE JOHN C R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BYRNE JOHN C but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , NOT FOUND , as to , BYRNE-JOHN C P. 142 SOUTH WEST STREET CARLISLE, PA 17013 DEFENDANT NO LONGER LIVES AT GIVEN ADDRESS. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answe Docketing 18.00 Service 5.00 Affidavit 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 38.00 GOLDBECK MCCAFFERTY MCKEEVER 05/21/2008 Sworn and Subscribed to before me this day of , A.D. Pro Vest, LLC - New York 93 E. MainSt Bay Shore, NY 11706 (631) 606-6168 IN THE COMMON PLEAS COURT OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC.; et seq. Plaintiff, Against JOHN C. BYRNE; et al. Defendants, GOLDBECK, MCCAFFERTY & MCKEEVER MELLON INDEPENDENCE CENTER 701 MARKET STREET SUITE 5000 PHILADELPHIA, Pennsylvania 19106 Court Case No.: 08-3028 AFFIDAVIT OF SERVICE m l n o 1 2 o a mu r ro being duly sworn, deposes and says: that deponent is not a party to this action, is over 18 years of age and resides in the State of CT. That on6 / 4 / 0 8 at 8 : 2 7-um-at 27 Redwood Drive, Unit A East Haven, CT 06513 deponent served the within COMPLAINT bearing court case number 08-3028 on JOHN C. BYRNE; et al. INDIVIDUAL by delivering thereat a true copy of each to said defendant personally, deponent knew said person so served to be the person described as said defendant therein. (S)He identified (her) himself as such. SUBSTITUTE By delivering thereat a copy of each to a person of suitable age and discretion. That person was also asked by deponent whether said premises was the defendant's dwelling home and the reply was affirmative. CORPORATE A corporation, by delivering thereat a true copy of each to personally; deponent knew said so served to be the Deponent corporation describes the individual described as the served named to the best defendant of and knew deponent's said ability at individual the to be time the and circumstances AUTHORIZED of AGENT thereof service as follow: DESCRIPTION Sex Skin Color Hair Color Age A rx Height (Anrx) Weight A rx NON-SERVICE The defendant, JOHN C. BYRNE, does not reside at this address as per XXX Spoke with defendant's sister at the addresA, stated defendant does reside at given address, would not give their name and would not open door to accept papers. 5/28/08 @ 8:15 am 5/29/08 @ 8:59 pm 5/31/08 @ 11:40 am Attempt 1: Attempt 2: Attempt 3: MILITARY SERVICE I asked the person spoken to whether the defendant was in active military service of the United States or of the State of Connecticut in any capacity whatever and received a negative reply. The source of my information and the grounds of my belief l aver that the defendant is not in the military service of Connecticut or of the United States as that term is defined in either the State or Federal statutes. SWORN TO BEFORE ME ON Server Sig June 6 08 Michael Mazzamurro Date . LICENSE # FILE # 66086FC N atur CASE ID # 1007272 Commission Expiration CAIM =,$iWfr a GOLDBECK McCAFFERTY & MCKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 VS. JOHN C. BYRNE 142 South West Street Carlisle, PA 17013 VERIFICATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 08-3028 I, David B. Fein, Esq., Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Z4 BY: Davi . Fein, Esq. GOLDBECK MCCAFFERTY & MCKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024" VS. JOHN C. BYRNE 142 South West Street Carlisle, PA 17013 No. 08-3028 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTTI'UTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant, John C. Byrne, which the Sheriff has been unable to personally serve upon Defendant, John C.' Byrne. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant, John C. Byme, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY David B. Fem, Es . GOLDBECK McCAFFERTY & McEEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 VS. JOHN C. BYRNE 142 South West Street Carlisle, PA 17013 CERTIFICATE OF SERVICE No. 08-3028 David B. Fein, Esq., does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, John C. Byrne, this 1)day of 2008, by first class mail, postage prepaid. JOHN C. BYRNE 142 South West Street Carlisle, PA 17013 JOHN C. BYRNE 27 Redwood Drive, Unit A East Haven, CT 06513 BY: Da B. 4Fen",k IN THE COURT OF COMMON PLEAS Of Cumberland: County r-? +1 C--0 -TI i r%3 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 iJUI 0 31008 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 08-3028 vs. JOHN C. BYRNE 142 South West Street Carlisle, PA 17013 ORDER AND NOW, this 7' day of 1-? 2008, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, John C. Byrne, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, John C. Byrne , by posting a copy of the Complaint upon the premises 142 South West Street, Carlisle, PA, 17013, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 27 Redwood Drive, Unit A, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, John C. Byrne, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: J. Distribution list: ,,,Aichael T. McKeever, Esquire, Suite 5000 - M /on ndependence Center, 701 Market Stret Philadelphia, PA 19106-1532 yK3HN C. BYRNE, 27 Redwood Drive, Unit A East Haven, CT 06513 W 3KL 10 GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D.#56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. JOHN C. BYRNE 142 South West Street Carlisle, PA 17013 Defendant(s) Term No. 08-3028 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE GOLDBECK, McCAFFERTY & MCKEEVER /%1? By Michael T. McKeever, Esq. Attorney for Plaintiff v cz? ? `err w C Fri GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 VS. JOHN C. BYRNE Mortgagor(s) 142 South West Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-3028 CERTIFICATE OF SERVICE MICHAEL T. MCKEEVER ESQUIRE hereby certifies that on ? 11 )?( °?epvr' he did serve upon Defendant(s) JOHN C. BYRNE a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated July 7, 2008. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, G?itiG % /.?GGaAe? GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ESQUIRE 4 l C,'..a .. _1 SHERIFF'S RETURN - REGULAR CASE NO: 2008-03028 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECI+RONIC REGISTRAT S BYRNE JOHN C KENNETH GOSSE T , Sheriff or Deputy Sheriff of Cumberland Co nty,Pennsylvania, who being duly sworn according to law, says, the wit in COMPLAINT - MORT FORE was served upon BYRNE JOHN C the DEFENDANT at 142 SOUTH 7013 CARLISLE, PA POSTED PROPE: , at 2040:00 HOURS, on the 15th day of July , 2008 T STREET AT 142 SOUTH 18.00 5.00 6.00 10.00 .00 a true and attested copy of COMPLAINT - MORT FORE together with and at the sane time directing His attention to the contents thereof. Sheriff's Cos Docketing Service Posting Surcharge 39.00 Sworn and Sub cibed to before me thi of by handing to WEST STREET CARLISLE. PA So Answers: R. Thomas Kline 07/16/2008 ? 7Y .3'O' GOLDBECK By: day A. D. . , In the Court of Common Pleas of Cumberland County COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. JOHN C. BYRNE (Mortgagor(s) and Record Owner(s)) 142 South West Street Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No. 08-3028 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against JOHN C. BYRNE by default for want of an Answer. Assess damages as follows: Debt Interest from 08(22/2008 to Date of Sale per diem at $31.35 Total (Assessment of Damages attached) $174,774.04 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOr4T P X;ED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM TH O PL T. I certify that written notice of the intention to file this praecipe was mailed or delivered to the pa ainst om judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten d rior t e date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Michael T. A Attorney for I.D. #5612ry AND NOW ? Q?pcks z Judgment is entered in favor of COUNTRYWIDE HOME LO , INC. and against JOHN C. BYRNE by default for want of an Answer and damages assessed in the sum of $174,774. 4 as per the above certification. Pr onotary MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 08-3028 vs. JOHN C. BYRNE 142 South West Street Carlisle, PA 17013 ORDER AND NOW, this ?+h day of Jul 2008, upon consideration of the Plaintiffs r Motion for Substituted Service under Pa.R.C.P. 430(x) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, John C. Byrne, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, John C. Byrne , by posting a copy of the Complaint upon the premises 142 South West Street, Carlisle, PA, 17013, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 27 Redwood Drive, Unit A, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, John C. Byrne, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: J. Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 JOHN C. BYRNE, 27 Redwood Drive, Unit A East Haven, CT 06513 66086FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: August 7, 2008 TO: JOHN C. BYRNE 27 Redwood Drive, Unit A East Haven, CT 06513 COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 VS. JOHN C. BYRNE (Mortgagor(s) and Record Owner(s)) 142 South West Street Carlisle, PA 17013 TO: JOHN C. BYRNE 27 Redwood Drive, Unit A East Haven, CT 06513 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-3028 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Raw Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 66086FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: August 7, 2008 TO: JOHN C. BYRNE 142 South West Street Carlisle, PA 17013 COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 VS. JOHN C. BYRNE (Mortgagor(s) and Record Owner(s)) 142 South West Street Carlisle, PA 17013 TO: JOHN C. BYRNE 142 South West Street Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-3028 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JOHN C. BYRNE, is about unknown years of age, that Defendant's last known residence is 142 South West Street Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or N Allies, or otherwise within the provisions of the Soldi Congress of 1940 and its Amendments. of the United States or its Sailors' Civil Relief Action of Date: .1 6 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JOHN C. BYRNE, is about unknown years of age, that Defendant's last known residence is 142 South West Street Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval ice of the United States or its Allies, or otherwise within the provisions of the Soldier ' a Sail Civil Relief Action of Congress of 1940 and its Amendments. Date: . , GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive IN THE COURT OF COMMON PLEAS PTX C-35 Plano, TX 75024 of Cumberland County Plaintiff vs. CIVIL ACTION LAW JOHN C. BYRNE (Mortgagor(s) and Record owner(s)) 142 South West Street ACTION OF MORTGAGE FORECLOSURE Carlisle, PA 17013 Defendant(s) No. 08-3028 ORDER FOR JUDGMENT HN C. Please enter Judgment in favor of COUNTRYWIDE HOME LOANS97 BYRNE for failure to file an Answer in the above action within (20) days (or sdant is the United States of America) from the date of service of the Complaint, in the suMichael T. McKee ?4:r Attorney for Pla' iff /011*7 I hereby certify that the above names are correct and that the recise residence ad ess f the judgment creditor is COUNTRYWIDE HOME LOANS, INC. 7105 Corpor Drive PTX C-35 P1 96o X 75024 and that the name(s) and last known address(es) of the Defendant(s) is/ JOHN C. BYRNE, 1 ut West Street Carlisle, PA 17013; GOLDBECK McC E & cKEEVER BY: Michael T. M ee r Attorney for Pla' tiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 12/01/2007 through 08/21/2008 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 4 X $549.87 $155,177.23 $8,307.75 $7,758.86 $430.72 $900.00 $2,199.48 $174,774.04 GOLDBECK McC FERTY & BY: Michael T. cKeever Attorney for P mtiff AND NOW, this 6161 day of 41 , 2008 damages are assessed as above. Pro Pr thy C, r-a ?s y Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. JOHN C. BYRNE (Mortgagors and Record Owner(s)) 142 South West Street Carlisle, PA 17013 Defendant(s) No. 08-3028 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned ter ered against you. rt Long Proth ary By: Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 f PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. JOHN C. BYRNE Mortgagor(s) and Record Owner(s) 142 South West Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-3028 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 08/22/2008 to Date of Sale per diem at $31.35 (Costs to be added) $174,774.04 .. 0 ? 4„ e? ?y y r, U ? ? 7 +? ? C} ?? M W ? H U d ,? ? :p t? P? ?+ a> "G+ d N? O '? cJ7 r.. O ?, y 'v v d r+ ? N No ca?3a Q ?o a do °O W^??c°n O° C7 U ? o W o Xtp 00 4 v ! + "? Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. JOHN C. BYRNE Mortgagor(s) and Record Owner(s) 142 South West Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 08-3029 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complies Act. 0 this action, and provisions of the Michael T. D Attorney for G c? >: L,f? ?:. ? .-{ .-fir '> ?. ? ?E? N? ? ? ? ?, ?..n ... Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. JOHN C. BYRNE (Mortgagor(s) and Record Owner(s)) 142 South West Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-3028 AFFIDAVIT PURSUANT TO RULE 3129 COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 142 South West Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): JOHN C. BYRNE 142 South West Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: JOHN C. BYRNE 142 South West Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: r' .r 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 142 South West Street Carlisle, PA 17013 Martson Deardorff Williams Otto Gilroy & Faller 10 E. High St. Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of m per nal kn ledge or information and belief. I understand that false statements herein are made subject to the pens ies f 18 P S. Section 4904 relating to unsworn falsification to authorities. DATED: August 21, 2008 GOLDBECK McC ERTY & BY: Michael T. M eever, Esq. Attorney for Pla iff ??` ? ° --? ?.? ?, ?,,,? =' :??_: - _ N .-,; .? ;? , ?,; ? ; -, ?? ? ?? ?. F e 08-3028 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. JOHN C. BYRNE Mortgagor(s) and Record Owner(s) 142 South West Street Carlisle, PA 17013 Defendant(s Term No. 08-3028 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BYRNE, JOHN C. JOHN C. BYRNE 27 Redwood Drive, Unit A East Haven, CT 06513 Your house at 142 South West Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $174,774.04 obtained by COUNTRYWIDE HOME LOANS, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1. The sale will be cancelled if you pay to COUNTRYWIDE HOME LOANS, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866-413-2311. 08-3028 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 08-3028 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website: ht ://www. hp fa.orz/consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionogoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 66086FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. 1 08-3028 GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. JOHN C. BYRNE Mortgagor(s) and Record Owner(s) 142 South West Street Carlisle, PA 17013 Defendant(s; Term No. 08-3028 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BYRNE, JOHN C. JOHN C. BYRNE 27 Redwood Drive, Unit A East Haven, CT 06513 Your house at 142 South West Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $174,774.04 obtained by COUNTRYWIDE HOME LOANS, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to COUNTRYWIDE HOME LOANS, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866413-2311. CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 08-3028 2. You may be able to stop *the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. . The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 r 08-3028 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website: http://www.phfa.orglconsumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(g,goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our fine's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 66086FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-3028 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOMES LOANS INC Plaintiff (s) From JOHN C BYRNE 142 SOUTH WEST STREET CARLISLE PA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $174,774.04 L.L.$0.50 Interest FROM 08/22/08 TO DATE OF SALE PER DIEM AT $31.35 Atty's Comm % Atty Paid $206.00 Plaintiff Paid Date: AUGUST 22, 2008 (Seal) Due Prothy $2.00 Other Costs 3 /? Cuffis R. Long, Prothonotary p' By: -, .f X1.c,&I Deputy REQUESTING PARTY: Name MICHAEL T MCKEEVER ESQ Address: STE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I. D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 66086FC CF: 05/13/2008 SD: 12/10/2008 $174,774.04 COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. JOHN C. BYRNE Mortgagor(s) and Record Owner(s) 142 South West Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-3028 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. Premises was posted by Sheriffs Offic ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). 4C) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, BY: Michael T. McKeever, Esquire Attorney for Plaintiff a LL a? LL x LL U y LL o? °. yo O gLN Jel Noma Mo $?t ? LL a m b D a 2 a 0000 O E U oo UUO 00110 U a 0 W m NO°° II le N ° u L) NN L d' ? QLL 4 n N (D 0 m z L R w m Q ? ad D LU m C7 m E _ U UR8 0 a Q O ?? O v r C C* M z Z D Lu LL ? tom- to O'D 0 F- 0$m Zd -_ L (L = Vr 3 GV OC W? ) 0% 0 .?. -) a m W U C, ?H?Ma ?0'a v c 0? LM u) c 1°?Q ?ra zM to m= -- LLUZ o V, m W .tm - N O a 02 m }a W .- 000 M a ?o !n . E w? ?, ?L11= mt-? Nw aQ(L0 amSaL v f-? C) m 2- 0 der L~!1 z w aQ ffi ya ??doWaz ¢VoYJM mmj4pr 00 zoov- ???90 'TI?l,? a •? N M 14 cd cd •s a ?8 a o '$ a zI ?I ffi 10 Z g 41 ?C O C v A a 'c IL d 0 O c 3 a m C CL 10 8 0 a m cc D m fU cn N ..fir O C 7 m U a ? o ? U Z Of } co co € LL U o Z co = a CCO O? MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COMMUNITY LENDING INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 VS. JOHN C. BYRNE 142 South West Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 08-3028 ORDER AND NOW, this ?+h day of zu r 2008, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, John C. Byme, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, John C. Byrne, by posting a copy of the Complaint upon the premises 142 South West Street, Carlisle, PA, 17013, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 27 Redwood Drive, Unit A, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, John C. Byrne, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE OURT: Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 JOHN C. BYRNE, 27 Redwood Drive, Unit A East Haven, CT 06513 Form 387 7 ------------------- Domestic USPS Firm Mailing Book --------------------- Name and Address of Sender: --- Per ------------ mit Number ----------------- Sequence -------- Number JOSEPH A GOLDBECK JR 677A MELLON INDEPENDENCE CENT 701 MARKET ST STE 5000 Ascent - MAC v7.50. 7.50.J PHILADELPHIA, PA 19106 ---------- ----------------------- - Piece ID Article # -------------------------------- Delivery Address ----- SS --------------------- Fee Postage --------------------------- Value Sender ---------- Charges ----------------------------------- Addressee Name -------------------------------- Type ---- Insur./Register Due Total AMQ1323RK12-8 71114342363000401945 KING, RANDALL R. - C ------------ 2.7C --------- 0.76 -------------------------- - ---------- 4.46 141 Linden Avenue RRE 1.00 Red Liqn, PA 17356 66086JB12-10 71114342363000401952 BYRNE, JOHN C. C 2.70 0.76 4.46 27 Redwood Drive, Unit A RRE 1.00 East Haven, CT 06513 66086JB12-10.071114342363000401969 BYRNE, JOHN C_ C 2.70 0.76 4,46 142 South West Street RRE 1.00 Carlisle, PA 17013 6839ORE11-12 71114342363000401976 EPLING, ROBERT W. a/k/a ROBERT C 2.70 0.76 4.46 721 Friday Hill Road RRE 1.00 New Castle, PA 16101 68390RE11-12.071114342363000401983 EPLING, ROBERT W. a/k/a ROBERT C 2.70 0.76 4.46 802 Blaine Street RRE 1.00 New Castle, PA 16101 55605RS10-29 71114342363000401990 SUTCLIFFE, RICHARD C 2.70 0.76 4.46 2621 Old Welsh Road RRE 1.00 Willow Grove, PA 19090 64690WW10-29 71114342363000402003 WELSH JR. WALTER W C 2 70 0 76 , . . . • 9.46 40 Belmar Road RRE 1.00 i, Hatboro, PA 19040 68236FM12 19 71114342363000402010 MARTE, FRANCISCO G. C 70 2 0 76 ?fi? - `'` . . . • 4.46 915 East Diamond Avenue RRE 1.00 Hazleton, PA 18201 Page Totals: 8 29.60 -- 6.08 --------------------------- -------- 35.68 Cumulative Totals: 8 29.60 6.08 35.68 Page 1 Countrywide Home Loans, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania John C. Byrne Writ No. 2008-3028 Civil Term Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on September It, 2008 at 2025 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: John C. Byrne, by posting the premises located at 142 South West Street, Carlisle, Cumberland County, Pennsylvania pursuant to order of court with the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2008 at 1030 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John C. Byrne, located at 142 South West Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: John C. Byrne, by regular mail to his last known address of 27 Redwood Drive, Unit A, East Haven, CT 06513. This letter was mailed under the date of October 7, 2008 and never returned to the Sheriffs Office. So Ans • f R. Thomas Kline, Sheriff BY C/ 0 q:?j 3 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney ID.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. JOHN C. BYRNE Mortgagor(s) and Record Owner(s) 142 South West Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Term No. 08-3028 COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 142 South West Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): JOHN C. BYRNE 142 South West Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: JOHN C. BYRNE 142 South West Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 142 South West Street Carlisle, PA 17013 Martson Deardorff Williams Otto Gilroy & Faller 10 E. High St. Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: November 7, 2008 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Z71