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HomeMy WebLinkAbout08-3268Q/ 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 NIUK1 CiAUE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. ROBERT MARTENS Mortgagor and Real Owner 3608 Dwayne Avenue Mechanicsburg, PA 17050 Defendant Term No. 0$ - SaJp8 CIVIL ACTION. W"AGE FORF^I os4 pr- 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 bV'k( v'e-M 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 httn:// www phfa org/consumers/homeowners/real asnx. 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(&jzoldbecklaw 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 6633517C. 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 AMERICA'S WHOLESALE LENDER, 7105 Corporate Drive, PTX C-35 Plano, TX 75024. 2. The names and addresses of the Defendant is ROBERT MARTENS, 3608 Dwayne Avenue, Mechanicsburg, PA 17050, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On October 07, 2002 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1777, Page 3565.. 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 December 01, 2007 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance .............. .......$138,189.85 Interest from 11/01/2007 throw 05/01/2008 at 6.3750% ....................... $4,415.78 Per Diem interest rate at $24.13 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph.. Late Charges from 12/01/2007 to 05/01/2008 ......................... Monthly late charge amount at $43.96 Costs of suit and Title Search .................................................. Monthly Escrow amount $204.65 ................. $6,909.49 .................... $263.76 ....... $900.00 $150,910.41 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 "iinpersonam" 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 $150,910.41, together with interest at the rate of $24.13, 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. t GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I Dana Mosley ' , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: U'V Dana Mosley, Asst. ice Pre id nt 3608 Dwayne Avenue Mechanicsburg, PA 17050 - ROBERT MARTENS ExhibitA - ,varvc i t1VJ, HUBERT EXHIBIT A • ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF HAMPDEN IN THE COUNTY OF DAUPHIN AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRI13ED IN A FEE SIMPLE DEED DATED 0?/04/2001 COUNTY AND STATE SET AND RECORDED 01/08/2001, AMONG THE FORTH ABOVE, RECORDED 01108/2001, 8237 /2 PAGE 388. LAND RECORDS OF THE TAX PARCEL ID; 9018_1342-738 ADDRESS; 3608 DWAYNE AVENUE MECHANICSBURG, PA 17050 Exhibit o ®Cou?trywkle? ?+oae wrw: P.O. Bops 9048 Temecula, CA 925M9048 Send Payments TO PO BOX 660694 Dallas, TX 75266-0694 Send C--spondenee to.. PO Box 5170, MS SV3148 Simi Valley, CA 93065 1111111111111111111 2207286995 Robert Martens 3608 DWAYNE AVE MECHANICSBURG, PA 17050-2209 080131-BLOPA1 PRESORT First-Class Mall U.S. Postage and Fees Paid WSO Hors IwwNls P. 0. BOX 660694 Dallas, TX 75266-0694 Send Payments to: PO Box 660694 DOW, TX 75266-0694 January 31, 2008 Robert Martens 3608 DWAYNE AVE MECHANICSBURG, PA 17050-2209 Account No.: 21064871 Property Address: 3608 Dwayne Ave Mechanicsburg, PA 17050 Current Servicer: Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HOM UWNER'S E RGENCY MORTGAGE ASSISTANCE home. This Nokk•» • _ . --- ? ex°L! PROGRAM EMAP may be able to help to save our This Notice contains important legal information. H you have arty u redit Counseling Agency may be able to help explain it You may also vrarentsto ncorttaaneantttat o Bey your areaumThe local bar association may be able to help you find a lawyer. LA NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VMENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC165N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGN3LE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Robert Martens PROPERTY ADDRESS: 3608 Dwavns Ave LOAN ACCT. NO.: ?°ySO1gO r'A 17050 ORIGINAL LENDER: 21084871 CURRENT LENDER/SERVICER: Courrtrvwide Home Loans Servicino LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HElLr T %A Ii AKA FLm aar MORTGA F °AYR'. r`"'? • Makeyourt eckpay"to • WAaYovatx de Home cans your Mack or money order • Nate in aaryry additional amounts You are inducing (If total is more than $5000, Please send check) • Do onni eGach your Mack to the Pa/rnentcoupon • Dant indude correspondence • Dont send cash ?f Pleasev a your acoourtnunbaron all checksarboorroeporaenoa. we may onarga you a fse for arty payrnerd fduned or repuad by your financial Ireltubn, subprtto apploable Ian, Account Number. 21004871,9 Robert Martens Balance Due for charges listed above: 3608 DYYayne Ave $1,883.06 as of 01f3112008. Pbase updW a 1 nbunMm oo the A:iarse sided aMe coupon. Addtiunal P i dpel BLWAi Add--l Countrywide rSpOM PO BOX 660694 Dallas, TX 75266.0694 7 Check Tabl 021064871300000188306000188306 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 MEt= INI III MT rv"rr In mI- n........._.- THIRIY r?n? nwv? ? ........_ ..__ _ __ CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and tale hone numbers of desi Hated consumer credit counselin a envies for the count in which the ro art is logted are set forth at the end of this r lt is only necessary to schedule one face-to-face meeting. immediately i of your Mentions. Advise your lender APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for spec information about the mature 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 All 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 face4o-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 lt receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN A STATE OF DEFAULT DUE TO THE REASONS MENTIONED IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT " The MORTGAGE debt held by the above lender on your property located at: 3608 Dwayne Ave Mechanicsburg, PA 17050 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, 12/01/2007 Late Charges: 12/01/2007 Other Late Charges Total Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) E-mail use: Providing your e-mail address below will allow us to send you irrornatlon on your accourt Account Number: 2tIJMr7f Robert Manerle E-mail address $2,167.82 $87.92 $0.00 $0.00 ($372.68) $1,883.06 Now ssa pad y4w PIlt N woowpbd Is ft III of PYrapd and bbud wN M wppbd Is tir MW wMill b*And dww, WM ° I OF-* psdMwd or D" by kw. If yon VAN M Nwwud in adam b ymr wdudlsd ear111y Emma, we nN *r yaw pwprnalw n idbm Ill is ou iblief no" pgMtnrdw of prbebwl and kkoK W aarow dwldodu p0 bb dnryw will ON womb you me b omwl ` ` 10 1111111111' bm and }r) b Nduow SO -bbnip psb*d I I of ymr hm. Pb- qm* r ywu .ud N aldNmd phaplroo m. wrr . mNr tl.m I"" dm ' 0=11114 ddwti poop Is b nd +?aN paww dwk won wplraNuy alliMbbyalouranodwor, m I*. HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (301 DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,883.06, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIS DAY PERIOD. Payments must b made ,fther by cashi r' check- rtifi d ti or mone ler made payable leck Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. You can cure an other default b takin the fofiowin action within THIRTY 30 DAYS of the date of this letter. Do not use if not aoolicable) IF YOU DO NOT GU TH DEFAUI? lender Intends to ex- if you do not cure ercise Its rights to accelerate the mote default within THIRTY ( O) DAYS of the date of this Notice, the debt will be considered due immediately and you may lose the chance to This payee thatthee , morrrthltallbrlat Ms Hthi11 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 IFORTGAGE 1 FO F O n r ..- - 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. BLGHT TO CURE THE D FAULT PRrOR TO 4kcl2r,.F q aen F _ If DAY period and foreclosure proceedings have begun, you still have the right you haot cured the default within the o cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements render the mortgage. Curing your default 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 Sheriff's 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 Lenddef. Countrywide Home Loans Servicing LP Address: P. Q Box 660694 Dallas, 7X 73266--0694 Phone Number. 1.800-641-3302 Fax Number 1-803-377-3432 Contadt Person. MS PTX-36 Attention; Loan Counselor EFFECT OF SHERIFF' n F _ You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORT A r= - 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. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE 2207286595 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 March 1, 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 Y: 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. • Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and it 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 Mach 1, 2006 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 Lost Counseling Center immediately at 1-800.641-5302. CONSUMER CREDIT COUNSELING AGENCIES SERVIlVG YOUR COUNTY CUMBERLAND COUNTY Adams County Interfaith Housing Authority CCCS of western PA 40 E High Street 2000 Linglesiown Road Community Action Commi", Gettysburg, PA 17325 Harrisburg, PA 17102 of Captiel Region 717.334.1518 888.511.2227 1514 Deny Street Harrisburg, PA 17104 Loveshlp, Im 717.232.9757 2320 Noah 51h Street Maranaiha Harrisburg, PA 17110 43 Philadelphia Avenue PHFA 717.232.2207 Waynesboro, PA 17268 211 North Front Street 717.762.3285 1-18rrisburg, PA 17110 717.780.3940 800.3422397 S4 O a ?C CPO 00 Uu a c ,, CLD 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 AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. ROBERT MARTENS (Mortgagor(s) and Record Owner(s)) 3608 Dwayne Avenue Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-3268 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. ( ( (? 0,4 M It, T. MtKftNM, IfSQVIRE 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 Attornev for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. ROBERT MARTENS (Mortgagor(s) and Record Owner(s)) 3608 Dwayne Avenue Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-3268 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 1777, Page 3565 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 AMERICA'S WHOLESALE LENDER. 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. 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 AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff Vs. ROBERT MARTENS (Mortgagor(s) and Record Owner(s)) 3608 Dwayne Avenue Mechanicsburg, PA 17050 Defendant(s) CERTIFICATE OF SERVICE Term No. 08-3268 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 12, 2008. ROBERT MARTENS 3608 Dwayne Avenue Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE t `` SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03268 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MARTENS ROBERT 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 MAV1rVTTC T?(lnwpT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , MARTENS ROBERT 3608 DWAYNE AVENUE MECHANICSBURG, PA 17050 PER (SOON TO BE EX) WIFE, DEFENDANT MOVED TO 460 COUNTY LINE ROAD YORK SPRINGS, PA. NOT FOUND , as to Sheriff's Costs: So answers: Docketing 18.00 Service 15.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 G/48.00 GOLDBECK MCCAFFERTY MCKEEVER 06/12/2008 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 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-3268 By: GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. ROBERT MARTENS 3608 Dwayne Avenue Mechanicsburg, PA 17050 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. Ate. 43 ei ? l . ? LL- C-4 c. a Cl) c.t . _ •• SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03268 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MARTENS ROBERT R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MARTENS ROBERT but was unable to locate Him deputized the sheriff of ADAMS serve the within COMPLAINT - MORT FORE On July 14th , 2008 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: So an w( Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas K1' e Dep Adams County 33.00 Sheriff of Cumberland County Postage .93 n 70.93 ? h G/©? 07/14/2008 ` GOLDBECK MCCAFFERTY MCKEEVER Sworn and subscribe to before me this day of , County, Pennsylvania, to in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Mortgage-Electronic Registration Systems Inc - vs. Robert Martens No. 08-3268 civil Now, July 2, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, July 3 ? 20 08 , at 9:46 o'clock P- M. served the within Reinstated Complaint in Mortgage Foreclosure upon Robert Martens at 460 County Line Rd., York Springs, PA by handing to Robert Martens a true and attested copy of the original complaint and made known to Robert Martens the contents thereof, So Sworn and subscribed before me this day of N/A .520 Dept'( Sbe? i f f Kevin Mill amp W - ff of Adams County, PA COSTS SERVICE $ 18.00 MILEAGE 15.00 AFFIDAVIT $ 33.00 Pd. 7/9/08 RR ? a { ? ; 7 ? {" t . . .. GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQ. 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. ROBERT MARTENS (Mortgagor and Record Owner) 3608 Dwayne Avenue Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-3268 PRAECIPE TO REINSTATE COMPLAINT AND ADD DEFENDANT TO THE PROTHONOTARY: Pursuant to Pa. R.C.P. No. 401(b)(2), kindly reinstate the Complaint in mortgage Foreclosure and add to the docket: MARIA C MARTENS, as Defendant, pursuant to Pa.R.C.P. 401 (b) (2). Respectfully submitted, GOLDBECK, McCAFFERTY & McKEEVER By: Michael T. McKeever, Esquire Attorney for Plaintiff GOLDBECK MCCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEv= ATTORNEY I.D. #56129 SUITE 5000 - MEI,LON INDEPENDENCE CENTER 701 MARKET STREET PHD.ADELPHIA, PA 19106 ATTORNt (866}413-2311 W W W.GOLUBXCKLAw.COM h 0py ATTORNEY FOR PLAIInVF MORTGAGE ELECTRONIC REGUrRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. ROBERT MARTENS Mortgagor and Real Owner 3608 Dwayne Avenue Mechanicsburg, PA 17050 Defendant I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL. ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term n No. tS _ Ctiw?T"- CIKA NO'T'ICE 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 act 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 aay 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 n C 8 Irvine Row -? °° _ Carlisle, PA 17013 -?. ?, 717-243-9400 -?ry A VjTT S ? LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSEN'l,A S ? QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPOND# D O DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y "ISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TEL$FONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERI, CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEER9 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 hvine Row Carlisle, PA 17013 717-243-9400 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 fi-ee counseling. 3). Visit HUD'S website www.hud.eov 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 hW://www.vhfaor g(oonsumers/homeowners/real asnx. 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 homerettattionCatgol&=klaw tom. 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 Depattment is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 66335FC. Para information en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. Resources available for Homeowners in Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MO REGISTRATION S S A NOMINEE LESALE LENDER, 71 4jaM land, TX 75024. COPY 2. The names and addresses of the Defendant is ROBERT MARTENS, 3608 Dwayne Avenue, Mechanicsburg, PA 17050, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On October 07, 2002 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1777, Page 3565.. 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 December 01, 2007 and each month thereafter and by the terns 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 ..................................................................................$13 8,189.85 Interest from 11/01/2007 through 05/01/2008 at 6.3750'/0 .... ...................$4,415.78 Per Diem interest rate at $24.13 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$6,909.49 Late Charges from 12/01/2007 to 05/01/2008 ....................... ......................$263.76 Monthly late charge amount at $43.96 Costs of suit and Title Search ................................................ ......................$900.00 Monthly Escrow amount $204.65 $150,910.41 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at SheaifPs 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 nersonam' 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 coned 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 PlaintiM the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a !jg terris judgment in mortgage foreclosure in the sum of $150,910.41, together with interest at the rate of $24.13, per day and other expenses, costs and charges incurred by the Plaintifl'which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By. BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PL.AINN w GOLDBECK McCAFFERTY & MCKEEVER YERIFICATIUN Dana Mosley as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements. therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: U-W Dana Mosley, Asst. ice t 3608 Dwayne Avenue Mechanicsburg, PA 17050 - ROBERT MARTENS ?hi6it 1`? r-0 C1F ,„,,,?, ` ,parr a 'ok *JAk POW PAO 38& ALL ATM cow "`? ? ca+?i$??'tsa 1'AX? 8pp6 ?D? ? 4A ' i i f i . i 1 . - 1 1 ' j •- 1 i 1 1 1 i i , ?hi6it /12 HOM LOAM P.O. Bm100M Tarmaft CA 02580-9018 ftW My1M11Et To: Poemasaw W9p, TR MOBA OW Strad CanrPoadiwa 1a PO em 5174 M8 805149 90 VMMK CA OM fill IIIIIIoilllII11$Bill fill III III I11IIIIII III J I JIl I Bill IN IIIII Robert MWS 36M dMAYNE AVE MECHMICSBUM PA 170507209 P7aRIM 0111,CIMS MM M. F01"0aild FaasPaW W80 0 ?c u NOM LOAM Pa 9W 68D694 Daft TX 7&94040W Robert Madens 3668 DWAYNE AVE Mme, PA 17050-7209 SandPayraaafeax PO So.OM4 Dante, TX 7=64)ear Jm%M 31, 2008 Aecourd No.: 21064871 Propsdy Address: 36M Dwayne Ave Msdmdcv rr% PA 17050 Ccunlryaids Horne Loarre Setvi ft LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THe Neftee eordabks Invartent *0 frrlaee m"u a rou hear arq *00 "% repnswNslhns at an Ceeauewr Crew CouneeIrry AOsnetr may be WM* be M* ampkiirr W. You may also ward b oadeot an aamrter b rear rare. The Moal bar assa"m mar be W& ft he* you find a brayer. LA NOMFWAC18N EN ADAWTO F.M DE SOMA RUMTANCM. PRRS AFECTA SU DEREM A COMMRIAR VMWIDO EN SU CM& 0 NO CMIPRENDE EL CpMMO, DE EMTA N07NHCACI W 01H OM UM TRrADUL1 t M DMYAMENrE LLAM M O WrA MOM {PEIMY VN&% HOtWO ~JIGE ARE;I" Of CAROOM AL NOMf0 &EN CIOWDO XARM . RJEW MR B=WE PMtA UN PRf fTAMO POR EL PROGRAMA UAMADO "ItOMEOAlr?IER'fy EMERGENCY MORTP•AC.E ASIMMTANCE PROGRAM" EL MAL PUEDE &&VAR MU CASH DE LA PEROOA DE. DERECHO A REDMR SU NPOfECA. HOMEOMMMms NAME(fk Robert MsrI PROPERTY ADDRESS: fdlM Dairrete h LOAN ACCT. NM: 212M ORIGNM LENDEiR: CURREIIf HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU N nWXE MOM CAN MVE YOM "ONE 131OM FOREMORMiE ML Hmygu?gnum ftmm t7W="Mml*p lebrtlonntlte?eaa vommeMa w"knebrraMaauaeFUteaiMteteMtbe*wun+rtrf?*"dlbq 0meWN- 211 M7 3 • Mda dmk aw 0 [® Aocm0m 1Vtniber: E 1 ?i MWW* BitnaDwoordwyetiirbda6sve PwA short omm. s? •Y Y l ? i10 36 Dmmyne Ave y a a 1Nl b r ? pew •?1 win?eo?at?aYww+irdrir?p. • eaouat k t k?xr?N e d ? M wan P D RMW tl d h Ua'MM1 e tb • ryar a Daitsro0 n Counlrymas PO Box aeons Dadra, TX 70205.0684 021064871300000188306000188306 IF YOU COMPLY VMTH THE PROVISIONS OF THE HOMEOMIIER'S EMERSENCY MORTGAGE ASSISTANCE ACT OF 18fS (ME -ACT-L YOU MAY BE SMILE FOR EMERGENCY MORTGAGE AS=TANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOM MORTGAGE PAYMENTS. AND F YOU MEET OTHER E11isTB M REQUIREMENTS ESTABLISHED BY THE PENN VLVANIA HOUSBNG FINANCE AGENCY. MIMM STAY OF FOREClA6URE - Under fe Ad, you we erdMed b s eentpormy stay of finedonse an yaw modpge for tddy (38) drys tore fa dale of Mb Noft. Duft that time you mud ananpe and afentd a 1=24odaoe' maitp wIt are of the omomw as& cmvwk s aputds 6W at fn and d ttb Nokm - K you mast wlh one of fa aonw w ami t aanaip age ,t 01 s Ided at fen spiral you Nbr Eddy ptg days sbr the date efftN aaefrtS IDStMKM6 nsoommy to actwdub one iroe4o4sae wed&* Advise your Your morWW is In dofmit for the moom sd t M Ww En this No *we AMNUWL9WM toiorirg papa ktforrnalan abotd halos of your dsfaaft) K you have bled and ate utaW b resdve ttY pebiwn with On leader, you have tw dpht to apply for frrartclol aei awm fan fa Homwom is Entergwry Mortgage Aaehtanoe Program. To do so, ycu mtBt M eA dpn and fie s completed Horseomwr** Emwgwwy Am*Aw m Fhopam Appkdim woh one of tte deeipded cov"w am* couns&V spemias bled at the end of fns NOW. Only omwtow a*& oowwelrg spatBes have applcaKons for to pnW m and Kay will auM you in stdaMng a eempill, app1 11 to Do Penney wit Hmft F1nwm PgWicy. Your applcallon MUST be fed or posknadad Wtda Oft (30) days aiyour bcato4ow meso g. YOU Wig FILE YOLI R APPLICATION PROMPTLY. F YOU FAL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER THE PERIODS SET FORTH IN THIS LETTER, FOWCLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPUCAIM FOR MORTGAGE ASSISTANCE MILL BE DENTED. AM= ACTIO11 - Avab&e turtle for emergency marWW assfsiarloe we vary br&& They wll be dhbwmw by fm Agorwy u tier fw aloft ~a esteI dad by fro AcL The Pdswybards Notakg Fh wtoe ASemy tae sbdy (60) fts b malts a deaidw after I nmetas your appkalom Durkg flat Ome, no toredosue poaesdegs will be pasted spinet you if you have rest ft time oooerrter 1 set foM above. You wf be noW*d directly by the Pennsylvania Hou tp Fetance Agency of b dsdsion an yaw applradon. NOW- IF YOU ARE CURRENTLY PROTECTED BY THE FLING OF A PETITION IN BALM WJVrCY, THE FOLLOVWKI PART OF 71Ils NOTICE E FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you haw Obd bankruptcy you can still apply for Emergency MoftgW Assistance.) YOLI R HOME LOIN 16 IN A STATE OF DEFAULT DUE TO THE REASONS MEN71MM N THIS NOTICE YOU MUST TAKE ACTION TO SAVE YOUR NOME FROM FORECLOSURE R&M OF THE DEFAULT - The MORTGAGE cleft held by the above larder on your properly located st: 3WS DmWm Ave Medwucsburp, PA 17050 IS SERIOUSLY INOEFALILT becatee YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMEM for fns fofowbg nmw* a and Ow ToNwi* S asotrds wo now past due Iionltly 99L OW 12101/2007 Late Cheraw: 121ov2007 Otter Late Cha mes TOW We Charges: UrtwMeded Cosh: Partial Payment Balance: TOTAL DUE: YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION LQRndMjLKndjQ*dW [-wartss = ?raawadawewersWWWbwnyosNlomwtIN QmyarW=ft AmaasNrdr: Rtbrt Nedra E-anl add?wt $2,167.82 $87.82 SOAD $0.00 (s372.68) si j"os Mw ae pal yar Equals N wybri pwm* d pb*d tali Mtd all be qOW Y L kgad boAn d M V" datdr aPN=* a add w ba f Pm am m now be visa to yw so*" am* smtt • as ** Pw Impo t w Mae * b arMstMy sm" p?w? K p b*d eM MWK A daPw drMkedta A W d? ni Oft wraA er b ssr dw n Iw M a %ft pbOd Ipso Istt Ma. Fkm +n4 f pw ar an 40ftl wtost ON U Wn pyradt, ran Y piMMtdstrnraa nnWW daft ONAP WD prp b b all MO padlyd dark adrw aeM b* WWbtysbwe mmftwbdddv NOW 70 CtIFIE - You may cure the dabull within j?,{= DAYS of the dote of this aaao BY PAYM THE TOTAL AIN INNT PAET DUE TO THE LEtD9t, WHICH IS S1,tq A, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES W"CH BECOME DUE DURING THE THIRTY ram DAY PERIOD. dvecL Cw ywide at P.O. Bar 006%. Dallas, TX 7526"W. You can ass am other ddM by tallow are lalowira adios yAin THIRTY MI DAYS of ft dale of this lager. CDo sat use N wtadww E Y LRQ MOT j nE t] f •.T - x you do apt we to dafMi within THIRTY Ml DAYS of do date of Wa Na o, No 1 WN - rlNtds b soMroise Re nights m aooelerat• Idle oWt ps d" This trleara trot fn .rile a bilro rg balatoe of this dolt we be r , 111 ad due immediately and ya? may lane No dum b pay fro morbaye In muddy I I Nmto I . M U Psytnert olto tdd =MA pad due b not marls WWh THIRTY MI DAYS, #W lender abo kbrm a b imabud Is dk mays In start legal adon b toads.. Upon year m d pod PNO LEMN - The lla4apsd propaty will be sold by the Sheriff to pay of the mwtpp debt N lendo refer. your am b b alloways, Int you an the deitqusnuy bebrs ttn lender bq*w legal pmceorinp againt you, you will sill be reciuked to pay in mosonitrle aftney s feee atat wore actually kwared, Lip b Sti0.110. Hswow, N I%* prov=drP are sited n«n, you wall trove to pay ai rsasoeralie atamnys teas odsrafy lmoated by an bender even i< any enoaW SM.OO. Any -On oy's fees vA be added is the snared you owe Ito Ierwtsr, which may also include abler HAAM fw& VW H T iY?OH? iiiAIM ACS EIIAY TOWN I?WD?TW?1NGHT TO AOMT y FORECLOSUM PROCEEDING TH[ 10101411 oS7DICE OF A DE=FAULT OR ANY OTHER DEFENSE YOU MAY WAVE TO ACCELERATION AND FORECLOSURE. - The lender may also sue you personally for the unpaid principal balance and all after am due underfre nlorlgape. DM 10 tLMIF 7115 DEFAULT PRIM TO SIERiF'S SALE - If you have not awed the defaul whin the TMgLD f3m1 DAYperbd and faedsase pmoeedbw have begun, you sO dare fee dgM to use ft dofa R and pervert Sae ode as aay imle up b ens har bales fte ShoWa Sale. You may do so by pesyfng fn trial amaad teen past due, pbm any tale ar oMw dnrpn liven due. reasonable atiomWs fees and cosb conneded rift ate foreclosure sub and any ad w cool aomn a led wilb the SherM sub as ap.r feif b writing by to lender and by performing any alhor regrdramlents oxim 0n mortgage. Carina your defsull In Ow manner set fsrlh In dds nolice will ve" your moApepe to the same posillm as N you hod swan eisfarrN '. - i is edmabd that to eeriest date that such a Shadw's Sale of are montpe ptnperlyt could be held would be app oo l Mely she (ty a vanes from the dots of We f 11oft- A nodoe d the mWel data of the ShwWs Sub wN be sent b you bebn dw solo. Ol carve, the amount needed b ass to dalwit wNl inaeove the larger you weal. You may Tad out at any time ecw* what the required payment or adlon will be by eorrtadbg In lades. None of Lander Gom AywWo l le /ANAL Ssnoteby LP iii P. Q Bow 660ti;9/ Dallas TX 7320-OM pbonsamom t-0094414M Ea lk lobw 1-605.377302 AllaNbsr Loam Counselor EFFt3:r of !ilIR SALE - You shm kl mbo that o 3hertRs Sub wN end your ownership of fn matgatgd property and you rat to accupy IL gym aw4nue to Ive bm fro progeny ater the Shoo lTs sale, a IrwaiN b lone you and you *rnbhk s and carer belenp W cold be starisd by the tender st say ime. - You may sea a bofw your hwm to s buyerer trsrWm who willasnans thematppe debt, provided that all ids outslaneing payments, dtarnes and stc rmeys fees and costs are paid prior b or at the sale std OW the abler mquinem enls d the mortgage are sallsiad. YOU MAY ALSO HAVE THE MM. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE ITO 2207da6m THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASST 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 "RE FEDERAL BANKRUPTCY LAW. Your lan is in ddoUL Putman lo yaw loan does w66 Carnkywide may, enter upon and conduct an impocN- of your properly. The purposes of such an knpecMon are to (1) observer to physical condition d yourproperly, 011 verify 0* to property Is ocaiplsd an&ar (11) determine tie ldertty afire ow4mnL W you do not Cue the defaut prior to tits irmpedb% clear 1 11, - to Wabd the mmigWo% heed M ire properly R kx ft but trot owAsil to, *ftftAwk seaakp tw VW*, and va "an servtoas) meyr be taken. The cods of tin abene-desatbed bspe -14m e art property preeervallm Hfer4 vAll bo dw'Bed to your aooarrt as provided In your security babunenL K you are unable to an the deft* on or before Mod 1, 2008, Cariywide want you to be aware of vatos options tat may be awrlabls to you Snugh Catvkywide lo prevent a foreclosure sale of your property. For maampie: e Repaynsnt Plem t is poaatte W you maybe ddb a lersane farm ell pagatet ambtance trough Couriywids. Our boric plan requires tat Countrywide reaefve, up font. at beat % oitha amourt necessary to brkn/ Bw aaoauet anent, and Mat Bte baianoe d tree overdue smart be paid dmV woh the regular many pv)WWl, over a delved period el ins, Other repeyrnert plans also are avalablo. e Loan Modotelonx Or, It Is possble that the regu lw nr101if iy paproft can be lowered Nu mO a mbdlOMlon d Mue loon by mduubkng the interest race and then addnp me deirWW payments to ft arrest hxm batwm This bredaswe alennatve, however, is boiled b certain loan types. • Sale of Yaw Property: Or, # you ere wilrg to sell yow home In order ioavoid faacloslse. It Is posable be ft eats d your home an be approved through Counby0d0 even K your home b woo lees than nhd is owed an K e Deedi Mi ne Or, M yaw properly is foe from otter lens or enaenhnances, and 4 tits delmA Is due to a serious trwWd hw*Mp which is Wyend yaw control, you may be elob to deed your property drool to the Nolefnoldw and avoid to brecbwre sale. If you are Irteresled In d cum trap any dtiieae foredow" alteratives woh Caxtr/4 e, you must contact us immed *. If you request areablence, Omm"ds soil need to evaltale whether that ambience wil be en/ended to you. in Mine awartinw. Countrywide will pursue all of is rights and nnnedes under Mo loan doaanstts and as periled by law, mess It agrees olverwise in wrK% Failure to bring your ban current or to enter Trio a w Km agreensrt by March 1, 2000 as armed above vA rood in to aocehwAon of yowdebt. Tme is of the essence. lI you have any questions cancemhnp this notice, please contac t L oan Counseling; Center imnedatey at 1-800641-5302. I CONSUIIffit CREDIT COUNSIMG AGENCIES SIRVING YOUR COUNTY .ou?TY emeC V uh CWI0fVft0MPA QanauagAdonCmrrbam H-dM ALd- y taro unovsWm Roes of cep" Regan 40E HP MW HWbblep, PA 1 Tiro 1514 Dnmy asset PA 17325 eea.6112727 "mmmmmirtol 717,331 f0 717.232 Lums ip,inc. aMreeya PHFA 23RD Nwh 51h 81rest 43 PMIW*Na Aemra 211 Nora1 From ft W HorMUIS PA 1T110 Waynubm4 PA 171208 NMAtluu1gp,, PA 17110 717.232.2217 TiT.M 3205 717.700.3810 000.3+22.7.187 RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 MORTGAGE ELECTRONIC REGISTRATI Case Number 2008-03268 Received of PD ATTY MCKEEVER DKB Receipt Date 5/23/2008 Receipt Time 15:57:58 Receipt No. 209442 (VS) MARTENS ROBERT Total Non-Cash..... + 78.50 Total Cash......... + 00 Change ............. - .00 Receipt total...... - $78.50 Check# 338873 ------------------------ Distribution Of Payment Transaction Description Payment Amount COMPLAINT 55.00 CUMBERLAND CO GENERAL FUND TAX ON CMPLT .50 BUREAU OF RECEIPTS AND CONTROL SETTLEMENT 8.00 CUMBERLAND CO GENERAL FUND AUTOMATION 5.00 CUMBERLAND CO AUTOMATION FUND JCP FEE 10.00 BUREAU OF RECEIPTS AND CONTROL $78.50 ? na - C.0 n p ?? IM, An 0 ?4 -0 - - CD Ul "` GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY LD. #56129 St1TrE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215)627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY C1VII. ACTION -LAW ACTION OF MORTGAGE FORECLOSURE COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. ROBERT MARTENS MARIA C. MARTENS 3608 Dwayne Avenue Mechanicsburg, PA 17050 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. Term No. 08-3268 . ~ ~.-~. :: _. C.". _ ~ .:, ~__ w c ,°. _: _~~ c. W By. ~ ~%~d'c~ GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF ~`-~ ~~ O.00 P D I~ZT`( ~~ ~ka(o98 ~,~ ~1lo3yy GOLDBECK McCAFFERTY & McKEEVER Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 for Plaintiff ~p-pi-r~CE F r ~0 SrP 16 AM t0~ 3~ COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-3 5 Plano, TX 75024 vs. ROBERT MARTENS and MARIA C. MART-ENS 3608 Dwayne Avenue Mechanicsburg, PA 17050 No. 08-3268 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, in support of its Motion for Substituted Service, represents as follows: Plaintiff is the holder of a first mortgage upon the premises 3608 Dwayne Avenue, Mechanicsburg, PA, 17050, hereinafter, the "mortgaged premises". 2. Defendants, ROBERT MARTENS and MARIA C. MARTENS, are the mortgagors and real owners of the mortgaged premises. Pursuant to Cumberland County Local Rule 208.3(ax2) and/or Rule 208.3(ax9), the undersigned Attorney 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, ROBERT MARTENS, is 460 County Line Road, York Springs, PA 17372 as set forth in Paragraph 2 of the Complaint. 1N THE COURT OF COMMON PLEAS OF Cumberland COUNTY 5. The Sheriff has been unable to effect service of the Complaint upon Defendant, ROBERT MARTENS, at his last known address a8er numerous attempts. As per the Sheriff, service was attempted at 3608 Dwayne Avenue, Mechanicsburg, PA, 17050 but it was discovered that the Defendant had moved. Service was also attempted at 460 County Line Road, York Springs, PA 17372 but the Defendant was not found at the address. 6. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, ROBERT MARTENS. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant, ROBERT MARTENS, by posting the premises and certified and regular mail to the Defendant's last known address. Respectfully sub chael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 avid Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff ProVest, LLC Affidavit of Good Faint Investigation Client provided information: File Number: 66335FC Attorney Firm: GOLDBECK, MCCAFFERTY 13< MCKEEVER Subject Name: Robert Martens Property Address: Street: 3608 Dwayne Avenue City: Mechanicsburg State: PA Zip 17050 Skip Results: Date of Births ProVest File Number: 2587063 Last Known Dates: As of 8/3/2010 Street: 3608 Dwayne Avenue Phone: City: Mechanicsburg State: PA Zip: 17050 Death Records: As of 8/3/2010, the Social Security Administration has no death record on file for Robert Martens. Soaal Security Number Search Completed. Empbyment Search: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for Robert Martens as 3608 Dwayne Avenue, Mechanicsburg, PA 17050. rtment of Motor The Pennsylvania Department of Motor Vehicles provided no change for Robert Martens from V ide Records: 3608 Dwayne Avenue, Mechanicsburg, PA 17050. Public Licenses (Pilot, Search performed provided no information. Real Estate, etc): Voter Registration The County Voters Registration Office has no listing for Robert Martens. Information: National Postal Has no change for Robert Martens from 3608 Dwayne Avenue, Mechanicsburg, PA 17050. Address Search: Military Search: There was no active military status found. Comments: (717) 695-9357: Number listed to defendant, Robert Martens, left message, no response. (520) 509-6184: Called possible relative, Marilyn Brooks, answering machine answered, no message left. (717) 732-5990: Called possible relative, R Wayne Martens, answering machine answered, no message left. On 8/3/2010, I, Joni Harrell being duly sworn according to the law, deposes and says: I am employed by ProVest. LLC. t have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. _-- Subscribed and svvom tte before me. < <` V~ti , -.. :.< L-+.. 3 ~ ~~Affiant Name. Joni.Harrell Notary Public Date: 8/3/2010 ......~...........~...».»;..~......~ .lIJLtE J. VATJC>t~Z Comm1E DCOT1tL7l~ # F.~Mrs 41s~1 ~ E Fbitd~ IMOit~lt~v Nu ... ..........w......w .........a-...,.i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff "~ ®t ~ ~~~~'~ Jody S Smith ~~ ~ '~~ Chief Deputy ~ ~~--. Richard W Stewart `~~'-5 x~r: SO/lC/f0~ C~FICE pF 7~iE S>ERIFF Countrywide Home Loans, Inc. vs. Maria C. Martens (et al.) Case Number 2008-3268 SHERIFF'S RETURN OF SERVICE 08/06/2010 Ronny R. Anderson; Sheriff who being duly swom according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Robert Martens but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Adams County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 08/19/2010 07:46 PM -Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on August 19, 2010 at 1946 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Maria C. Martens, by making known unto Doug Gelbaugh, adult in charge at 3608 Dwayne Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at -the same-time handing to-him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 08/30/2010 Adams County Return: And now, August 30, 2010 I, James W. Muller, Sheriff of Adams County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Robert Martens the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Adams and therefore return same NOT FOUND. Request for service at 460 Country Line Road, York Springs, PA 17372 the defendant was notfound. .~,: SHERIFF COST: $71.00 September 02, 201.0 SO ANSWERS, RON R ANDERSON, SHERIFF Ir\ l^ni ..fvC~lilm ChmMF Tr.J........µ IM DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 DATE PROCESSED IHSTRtICI'IDNS: Ses "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHFAIFF" on the rswrse of the last (No. s) copy of this corm. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN ~ ~a ,~ °~ ~" 1. PLAINTIFFlS! 2. COURT NUMBER 1'-') o r ~- ~- ~ y f~~f. ran. ~, . G~ ~ D ~ - 3 ~ G~- 3. DEFENDANT/3/ ,~f,, r41.~TYPE OF WRIT OR ' ~p~ 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. ~ yb.~s-~- Diu i~ 8. ADOFIESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODS C; G~ I/(. N `~ L- I fV .g ~ ~ ~t9 /I /L_ S~l / N,S, S ~ 7. INDICATE UNUSUAL SERVICE: PERSONAL ARSON 1N CHARGE ^ DEPUTIZE ^ CERT. MAIL ^ REGISTERED MAIL ^ POSTED ^ OTHER Now, . 1, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ. and make- return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING,SERVICE. NOTE ONLY APPLICABLE ON WRfT OF EXECUTION: N.13. WAIVER OF WATCHMAN-Arty deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or atlachmerlt, without liability on the part of such deputy or the sheriff to any plaintiff heroin for any bss destruction-or-removal of-any such property before sheriff a sab thereof. 9. 8H3NATURE of ATTORNEY or other ORN;aNATOR requesting service on behaM of: 10. TELEPHONE NUMBER 11. DATE J ~n~' --- ^ DEFENDANT ~ f J ~.~ I `' ~ ~i " r/~ G ~. 1i rvn v c t- n rr f~~ ~ - n ~ TRfI~ ~ G D • ~ ~ ~~\G 12. I acknowledge receipt of the writ SItiNATURE of Authorized ACSD Deputy a Clerk and Tito 13. Date Received 14. Expiratan i date or complaint ae Indicated above 8/9/2010 SEPT. 3. ZO1Q 15. I hereby CERTIFY and RETURN then I ^ have personally served, ^ have served person in charge, ^ have bgei evidence of service as shown in "Remarks" (on reverse) ^ have posted the above described property with. the w-it or complaint described an the individual, company, carporstan, etc., at the address shown above or on the individual, company, oorporation, etc., at the addrosa inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 1B. $I 1 hereby certliy and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served te. A psrwn d susaAN eqs atnd discralion Read Order in d~~rt's uwtl O ^ plea ar 19. Address of where served (complete only iF d'Ifferent than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time Stsb and-ZIP CODE) RI~ItItS:-"Defendant does not-"reside at the abtwe listed address. 22. ATTEMPTS Dab MINs Dep.IM. Date Miles Dep.IM. Dab MBes Dep.Mt. Dab MINs Dep.Mt. Dab Mibs Dep.Mt. 23. Advance Costs 24. 25. 26. 27. Total Costs 28. Oi]BiI~EDII REFUND L50.00I9n 33.89 Pd. 9/1/10 $116.11 Ck. #24437 so ~M~~~' AFFIRMED ar-d sl+bscxibsd to before me this N A By R~ D•v- 8h.rxfllPl..r Print a rypsl ' Date ~~ lO day of Kevin 0 Brien slgrraarre of Slrerflt Date JAMES W. HULLER 8 30 2010 t f31tERIfF taF ADAMS colxrTY MY COI~AISSION EXPIRES I ADICNONh.EOGE RECEIPT OF THE 8t1ERIRF'S RETUiM1 f1ONATURE 39. Date Received OF AUTHORQED ISSUING AUTFIORRY AND TITLE. PROTHONOTARY GOLDBECK McCAFFERTY & McKEEVER 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. ROBERT MARTENS and MARIA C. MARTENS 3608 Dwayne Avenue Mechanicsburg, PA 17050 VERIFICATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 08-3268 The undersigned Attorney for Petitioner does 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 unsworn falsification to authorities. M' el Mc Bever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 omas Puleo Pa. ID 27615 Attorneys for Plaintiff GOLDBECK McCAFFERTY & McKEEVER 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. ROBERT MARTENS and MARIA C. MARTENS 3608 Dwayne Avenue Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 08-3268 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa RCP 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant, ROBERT MARTENS, which the Sheriff has been unable to personally serve upon Defendant, ROBERT MARTENS. 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, ROBERT MARTENS, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitt , Mic ael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 avid Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff GOLDBECK McCAFFERTY & McKEEVER Suite 5000 -Mellon Independence Center 701 Mazket 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. ROBERT MARTENS MARIA C. MARTENS 3608 Dwayne Avenue Mechanicsburg, PA 17050 CERTIFICATE OF SERVICE of Cumberland County No. 08-3268 Kyle Mahoney does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, ROBERT MARTENS, this' a y of .~~~s 2010, by first class mail, postage prepaid. ROBERT MARTENS 3608 Dwayne Avenue Mechanicsburg, PA 17050 MARIA C. MARTENS 3608 Dwayne Avenue Mechanicsburg, PA 17050 ROBERT MARTENS 460 County Line Road York Springs, PA 17372 Kyle ahoney IN THE COURT OF COMMON PLEAS SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~ -fi~~`~~"L~.,T,e~~ Sheriff ` .4 Jody S Smith ,~# '~ .-~ .' ~ ~~n ` ~ f l ~ ~ < i~ Chief Deputy Richard W Stewart CU~n._ r~:-< : ~ ~'•JuNTY Solicitor ~rr~'tiU'i'~;~,'~,"~I~ Countrywide Home Loans, Inc. Case Number vs. Maria C. Martens (et al.) 2008-3268 SHERIFF'S RETURN OF SERVICE 08/06/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Robert Martens but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Adams County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 08/19/2010 07:46 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 19, 2010 at 1946 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Maria C. Martens, by making known unto Doug Gelbaugh, adult in charge at 3608 Dwayne Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 08/30/2010 Adams County Return: And now, August 30, 2010 I, James W. Muller, Sheriff of Adams County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Robert Martens the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Adams and therefore return same NOT FOUND. Request for service at 460 Country Line Road, York Springs, PA 17372 the defendant was not found. SHERIFF COST: $71.00 September 02, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF MASON DIXON BUSINESS FORMS, INC. 33000026 DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 DATE PROCESSED INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print legiby, insuring readability of all copies. Do not detach arty copies. ACED ENV.ft i. roam i mrr~ 2. COURT NUMBER 3. DEFENDANT/S/ 4. ^TYPE OF WRIT OR C SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) AT C~ ~ c ~ ~ ~ ~ y L ; iv .~ ~ ~-~ }~' ~ ~ // Ski ; ~.-S s ,f"~ ~ .7 ~' ~~ 7. INDICATE UNUSUAL SERVICE: LgePERSONAL !~€RSON IN CHARGE ^ DEPUTIZE O CERT MAIL D REGISTERED MAIL ^ POSTED ^ OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. a. artciru irvs ~ liuc I IONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or o~ ORIGINS ATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE ~ yf ~J?Vy/rtl ~~~' INTIFF ~ V `- ^ DEFENDANT ~ ~ j ~,~- ,( ~ ~'~ ~ SrAC~ aE~vw FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13, Date Received 14. Expiration date or complaint as indicated above. 8/9/2010 SEPT 3 2010 15. I hereby CERTIFY and RETURN that I ^ have personally served, ^ have served person in charge, ^ have legal evidence of service as shown in "Remarks" (on reverse) ^ have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handinglor Posting a TRUE and ATTESTED COPY therof. 16. ~ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served te. A person of suitable age and discretion Read Order then residing in the defendant's usual place of abode. ^ ^ 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time State and ZIP CODE) RIIKARKS: Defendant does not reside at the above listed address. 22. ATTEMPTS Date Mlles Dsp.lnt. Date Mlles Dep.lnt. Date Mlles Dsp.lnt. Dste Mlles Dep.lnt. Date Mlles Dep.lnt. 23. Advance Costs 24. 25. 26. 27. Total Costs 28. OtI6TA~iIHDR REFUND ~•~ ~•~ ~ 33.89 Pd. 9/1/10 $116.11 Ck. #24437 _ ~ SO AySWER. ~ AFFIRMED and subscribed to before me this l s fay (CKeiA$4 DeP. SherifQ (Please Print a Type) Data day or KeVln O'Brien ~ ~~ lr Signature of Sheriff Date JAMES W. HULLER 8/30/2010 Protranotary/DsputyMotery Publb SHERIFF OF ADAM8 COUNTY MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 39. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE. rr .+++c . ~ ..+. 33t)D0026 SHERIFF'S RETURN 4F SERVICE ( ) (1) The within defendant by mailing to , the within named by mail, return receipt requested, posta e 9 prepaid, on the a true and attested copy thereof at The return receipt signed by -- defendant on the is hereto attached and made a part of this return. { ) { 2) Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (c) (1} (2}, by mailing a true and attested copy thereof at in the following manner: ( ) (a) to the defendant by ( }registered ( )certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Pastal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ( ) (b) To the defendant by ordinary ma's! addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the t turther certify that after fifteen (15) days from the mailing date, !have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. { ) (3 } By publication in the Adams County Legal Journal, a weekly publication of general circula#ion in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having genera{ circulation in said County for _ successive weeks of v ___ The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. { ) { 4) sy mailing to by mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at The returned by the Posta# Authorities marked is hereto attached, { ) (5) Other r . COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. ROBERT MARTENS and MARIA C. MARTENS 3608 Dwayne Avenue Mechanicsburg, PA 17050 SEP ~ 7 YU1U Z IN TI-~E COURT OF COMMON PLEAS OF Cumberland COUNTY ORDER AND NOW, this ~I 5~ day of S ~Q~• 2010, t7 ~ r.~ ~ '~ -'t {~ ~ 08-3268 rn ~ ~ ~ ~ ~ -n . ,..~. „~., ~~ _.o ~ r-- -~c ~" rv a s~. ~- ~a ~ z~ D~ ~ ~~ consideration of the Plain~ff s~ -C ~g to the Court that Plaintiffs good Motion for Substituted Service under Pa.R.C.P. 430(a) and it a~ faith efforts to ascertain the present whereabouts of Defendant, unsuccessful, it is, ORDERED and DECREED: T MARTENS, have been that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, ROBERT MARTENS, by po~ting a copy of the Complaint upon the premises 3608 Dwayne Avenue, Mechanicsburg, PA, 17050, and (Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last knov~ York Springs, PA 17372, and that all further service of legal papers, petitions and rules be made by certified and regular mail to Defenda Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procec Defendant, ROBERT MARTENS, by sending copies of same to De: certified and regular mail and by posting the premises. BY THE COURT: address at 460 County Line Road, but not limited to motions, 's last known address and that 3129 may be made upon last known address by J. Dbution list: ~'Michael T. McKeever, Esquire, Suite 5000 -Mellon Independ nce Center, 701 Market Street, Philadelphia, PA 19106-1532 OBERT MARTENS, 3608 Dwayne Avenue Mechanicsburg, A 17050 ~ ~ '~ ~ Es rn~c~, Ql~~ GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 50M - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF HL ED-OFFICE OF THE PROTHONOTARY 2010 SEP 23 Phi 1:39 CUMBERLAND COUNTY E -N COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. ROBERT MARTENS MARIA C. MARTENS 3608 Dwayne Avenue Mechanicsburg, PA 17050 Defendant(s) Term No. 08-3268 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 By Michael T. McKeever, Esq. Attorney for Plaintiff 4 (p . oo Po A-rM ., 54750 0-a488z COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. ROBERT MARTENS and MARIA C. MARTENS 3608 Dwayne Avenue Mechanicsburg, PA 17050 08-3268 ORDER AND NOW, this oZ~~ day of SO10, upon consideration of the Plaintiff s 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, ROBERT MARTENS, have been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriffand/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, ROBERT MARTENS, by posting a copy of the Complaint upon the premises 3608 Dwayne Avenue, Mechanicsburg, PA, 17050, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 460 County Line Road, York Springs, PA 17372,-and that all further service of legal papers, including but not limited to motions, petitions and roles 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, ROBERT MARTENS, 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 ROBERT MARTENS, 3608 Dwayne Avenue Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICItOr d.°~~~~tx of 4'u+nbrrf~~~ ~< •'t ~ ; ' -~, ~7FFIC~',;yF ruG S•-ERIFP ,, ~.~ ~-~ t2_ c.i Eo~~.,..ot~tW1V ~" 4 1 v¢ iii $ i i Countrywide Home Loans, Inc. Case Number vs. Maria C. Martens (et al.) 2008-3268 SHERIFF'S RETURN OF SERVICE 09/30/2010 04:35 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2010 at 1635 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert Martens, pursuant to order of court by posting the premises located at 3608 Dwayne Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17050 with a true and correct copy according to law. ~~~ DENNIS RY, DEPUP SHERIFF COST: $43.00 October 01, 2010 SO ANSWERS, RON ~ R ANDERSON, SHERIFF ;c} CcuntySuite Shenff. Teleosoft, Inc. KML LAW GROUP, P.C. Suite 5000—BNY Mellon Independence Center 701 Market Street ' Philadelphia, PA 19106-1532 215-627-1322 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive IN THE COURT OF COMMON PLEAS PTX C-35 Plano, TX 75024 OF CUMBERLAND COUNTY Plaintiff VS. ROBERT MARTENS No. 08-3268 MARIA C. MARTENS (Mortgagor(s) and MARIA C. MARTENS Record owner(s)) '` 3608 Dwayne Avenue r Co) , Mechanicsburg, PA 17050 Defendant(s) <n i , PRAECIPE TO DISCONTINUE AND END -t co TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended without prejudice upon payment of your costs only. KML LAW GROUP,P.C. F/K/A GOLDBECK McCAFFERTY&McKEEVER By: I Michael McKeever 56129 Jay E.Kivitz Pa.ID 69 Lisa Lee Pa.ID 78020 Thomas Puleo Pa.ID 27615 David Fein Pa.ID 82628 Jill P.Jenkins Pa.ID 306588 Alyk L. Oflazian Pa.ID 312912 X.Salvatore Filippello,Attorney ID 313897 Attorneys for Plaintiff KML LAW GROUP,P.C. Suite 5000—BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. Plaintiff IN THE COURT OF COMMON VS. PLEAS OF CUMBERLAND COUNTY ROBERT MARTENS MARIA C. MARTENS CIVIL ACTION - LAW (Mortgagor(s) and MARIA C. MARTENSRecord Owner(s)) ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 08-3268 CERTIFICATE OF SERVICE Angela M. Smith, hereby certifies that he/she did serve true and correct copies of Praecipe to Discontinue and End and all supporting papers attached hereto upon Defendant,by first class mail, postage pre-paid, on ROBERT MARTENS ROBERT MARTENS 3608 Dwayne Avenue 460 County Line Road Mechanicsburg, PA 17050 York Springs, PA 17372 MARIA C. MARTENS 3608 Dwayne Avenue Mechanicsburg, PA 17050 KML LAW GROUP,P.C. F/K/A GOLDBECK McCAFFERTY&McKEEVER By. Angela M. Smith , Legal Assistant asmith @kmllawgroup.com 215-825-6325 (Direct Phone)