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Home My WebLink About01-6549 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-l C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE VS. DUANE E. MCCLINTOCK Mortgagor(s) and Real Owner(s) 93 Beagle Club Road Carlisle, P A 17013 ~ Term No.6 i- IPS'f9 GIVll ACTION: MORTGAGE FORECLOSURE Defendant(s) Tms FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the 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 POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 NECESSARlO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVlSO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUlER 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 ESrA DEMANDA. POR RAZON DE ESA DECISION, ES POSSmLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE EST A DEMANDA A UN ABOGADO IMMEDIA TEAMENTE. SI NO CONOCE A UN ABOGADO. LLAME AL .'LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS me., 7105 Corporate Drive, PTX B-35 PIano, TX 75024-3632. 2. The name(s) and address(es) of the Defendant(s) is/are DUANE E. MCCLINTOCK, 93 Beagle Club Road, Carlisle, P A 17013, who is/are the mortgagor(s) and real owner(s) ofthe mortgaged premises hereinafter described. 3. On January 21,2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICA'S WHOLESALE LENDER, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1595 Page 907. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-l C/O COUNTRYWIDE HOME LOANS me. by Assignment of Mortgage, which assignment is lodged for recording. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due July 01,2001, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 06/01/2001 through 11/30/2001 at 7.8750% Per Diem interest rate at $18.12 Attorney's Fee at 5.0% of Principal Balance Late Charges from 07/01/2001 to 11/30/2001 Monthly late charge amount at $30.81 Costs of suit and Title Search $84,016.53 $3,315.96 $4,200.83 $154.04 Escrow Monthly Escrow amount $162.76 $750.00 $92,437.36 $0.00 $92,437.36 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchas~ at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant( s) 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 "A". The Defendant(s) has/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(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $92,437.36, together with interest at the rate of$18.l2, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms ofthe mortgage, and for the foreclosure and sale of the mortgaged premises. By, GOLD~R~ By: JOSEPH A. GoLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Michael Vestal, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. D"". .J I It 5 !o / wn!JJ'/i2!/d- fJ Countrywide Home Loans . .p"_I:.o'" ,....-----.-~ ....\.....,......._...._h ........,......_~ .... ~'-'.,. :.....___.. _" ......__.... -._.'."'.....1...'.....-...."" ......-\. "j" .... ,...~(I!'....:.. ..~. ,....:'~ ... .'.,' "...... Jl1"'.I1-~o..d.lhwt'.Itt.Aaoll_. .........~ ..... r_.... .:~~l';:.. ... ;1I~i JfIHI; :;:-I~ -; Ji! Cr:':Ni . , Wqis mffb~"UG 13 MADE THE /..) ';1:1 "yO/ al.(..,~";U-<< 0/ our LOM on. ,/tou.utl ~i~~ "u",I,~J l>Lqhl:Y-llLx. (/ .' ;I':;'f'f.. !'.... fltl n Pll i/l/A, )'fa' BETWEEN ARCHIE S. McCLINTOCK and MARY B. McCLINTOCK, his wU'l!I, ot Wast Pennsboro 'l'oWshLp, Cumberland County, POMs\llvania. and DUANE McCLINTOCIC of R. D. 12, Carlisle, Cumberland County, Pennsylvania, as joint tonants with the right of survivorship, OAd DUANe McCLINTOCK of R, D. 2, CarlL8lo, C~Qrl.nd COunty, pennsylvania, Cl'ClntGlra . Cranl" II'ITNESSETII.,.., i/l rOlUjd","Jo~ oj One Dollar 1$], 001-~-._....__.._____________.__ ---------------------------.---------.----------------------------~---.___Du/~~. ill A".." ""''', ,4r ",<<.,t IIIA......f.. hrrrhy adn"wl<fll.,tI, ,h, Hid 1'."'0'. do 'G IAft .I4i.d jfllUdr* . ."'''y B",/I/ ""d .o"~,, ALL that cartdn trllct of land with !:hI! illlpX'ovulllOnta thoZllon orllctod, dtullt.o in Middlesex Tclwnship, CIlmberland County, PannsYlvania, bounded and deaeribed all follows 1 BEGINNING at a point in tho center of TOwnship ~ad No. 503, at corner of land now or formerly of Dlniel Snyclor/ thence by said land, South 50 dQg'roes 36 minutes 40 seconds Eas~ 161.94 feet to a point, thence by land nnw or formerlY ol! Ralph L. Spahr, South 38 deQreClS 00 minutes West 85 feet to a point, thence by land now or formerly of Arthur J. Bittinger and Dorothy C. Bittinger, his wHo, North SO dcqraes 36 m1nu~es 40 SeCOnds WClst 161.94 feet to a poLnt in the contor of '1'own:.h..p RoGd No. 503 llforo&oidl !;honce by Ulll Con!;!!!: of saia Roaa. North 37 degrees 4 minutos 20 secondo East 85 feet to tho PlllCQ of DEGINNING. 8EING the samo promises which Archie s. McClintock AnQ MDry 8. wife, by deed dated July 5, )978 and reeD Off OQeds of Cumberland County, in Deed Bo X, pa4Je to Archie S. McClintoc:k and Maxy a. MaChn . Gran~ors herein. ~ 1.00 "'cC1intoc~, hiD dte Recorder of vrantod and Conveyed Duane MeClintock, iooL 32 PAtE 402 . . ... --'--. -.. . ... _. ......----.............-........ ..... . . ~ , I I , ! I ! i , ; . , , I, I I.. ; l' ~ I , , , ,. l I I '\ I , I , , r . ! I , ! I : I i . i. I- i I 1 i i i J @g'''pll'''~'''''t.d4~.~tim*Wp$~~~fi.~e~88m~~~$etpa~eae~O.eBegmatrl~B~~vmm Send Correspondence to: P.O. Box <<COPOBX>> <<COCSTZ>> Send Payments to: P.O. Box <<PYPOBX>> .PYCSTZ>> <<MAILCS>><<MAfLZP>> AUGUST 312001 DUANE E. MCCLINTOCK 93 BEAGLE CLUB RD CARLISLE PA 17013 EXHIBIT A Certified Mail No. Return Receipt Requested Regular Mail Countrywide Account # 2680062 Property Address: 93 BEAGLE CLUB RD CARLISLE PA 17013 Current Servicer: Countlywide Home Loans, Inc. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Is an official notice that the mortaage on Your home Is In default. and the lender Intends to foreclose. sD8Cific Information about the nature of the default Is Drovlded In the attached D8C1es. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able to helD to save your home. this Notice exDleins how the Droaram works. To see If HEMAP can helD. YOU must MEET WITH A CONSUMER CREDIT COUNSEUNG AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU ~ with the Counseling Aaencv. Tba names. eddresses and Dhone numbers of Consumer Credit Counseling Aaencies servlna your County are listed at the and of this Notice. If YOU heve anY auestions. YOU may call the Pennsvlvanla Housina Finance Aaencvtoll..free at 1-UO-342-2397. (Persons with ImD8ired hearina can call 1-717-780-1869.1 This Notice contains Important legal Information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help answer them. You may also want to contact an attomey In your area. Tba local bar association may be able to help you find a lawyer. LA NOTlFICACI6N EN ADJUNTO Es DE sUMA IMPORTANCIA, PUEs AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EsTA NOTlFICACI6N OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE sER ELEGIBLE PARA UN PR~STAMO 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 EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE EUGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE EUGIBLE 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 EUGIBIUTY REQUIREMENTS ESTABUsHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. Please write your loan number on all checks and correspondence. 6126120OO oMNAME. cACCTX.-cCHKDGT. <<ADORS. cTOTDUE.ASOFcDUEDTE. P.O. BoxcPVPOBX. cPYCSTZ. <<BARCDE>> ~nKLXAN", TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entilled to a temporary stay of foreclosure on your mortgage for thirty-live (35) 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 /361 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNsEUNG 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-live (35) days after the date of this meeting. The names addresses and teleohone numbers of desianated consumer credit counselina aaencies for the county in which the orooertv 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 immediatelv of your intentions. APPUCATlON 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 financlal 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 posbnarked within thirty-live (35) days of your face-to-face meeting. YOU MUST FILE YOUR APPUCATlON PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHERTiME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPUCATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - AvaUable lunds 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 direcUy by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FlUNG OF A PEmlON 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 bankRlptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT - Countrywide Home Loans, Inc. (hereinafter "Countrywide") services your home loan. Your home loan is in serious default because you have not made your required payments. The total amount now required to reinstate your home loan as of the date of this letter is as follows: Monthlv Payments: 0710112001-8/3112001 @ $788.00 1,572.00 Late Charaes: @ $30.82 61.64 other Charaes Uncollected Late Charges Uncollected Cost Partial Balance: TOTAL DUE: 80.28 24.00 .00 $1,737.92 A YMENT INSTRUCTIONS Please Make y.... check payoblo II> Coun/ryIoIde Home I.oamJ Write your loon number on _ check ... money order Write in any _oneI om.unls yoo ... inducing. (If _ is m.... _ $5000, pi.... sond cortifiod chec:k.) . Oon~ _ _ chock II> the PlIjII1l1f1l coupon . Don't indude correspondence . Don't send cash ddltlonal .mounts. If you don't specify the plJlp0ge of adcijional amounts included, we will apply them first 10 any outstanding yments, escrow deficiencies, late charges andfor fees due. We will then app/y any remaining amounts as a principal redJction. If u submit an additional principal payment with your home loan payment, Countrywide win first apply your home loan payment, then e additional principal payment. Your loan must be current ~fore we can sppIy any principal reduction. 3..,. 99, HOW TO CURE THE DEFAULT - You may cure this defau~within THIRTY.FIVE (36) DAYS of the date of this letter, by paying to us the above amount of S 1,737.92, plus any additional monthly payments, late charges, fees and other applicable charges which may fall due during this period. Such payment must be in the form of certified check, cashier's check or money order, and made payable to Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. If your check or other payment is returned to us for insufficient funds or for any other reason, you will not have cured your defau~. No extension of time to cure will be granted due to a returned payment. If you do not cure this defau~ within THIRTY-FIVE (35) DAYS, we will accelerate the payments due on your home loan. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff your home loan in monthly installments. If the full payment of the amount in defauft is not made within THIRTY-FIVE (35) DAYS, we also intend to immediately start a lawsuK to foreclose on your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - If the mortgage is foreclosed, the mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the defau~ is cured before we begin legal proceedings, Countrywide will be entiUed to collect the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started, Countrywide will be entiUed to collect the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to the secured debt, which may also include our reasonable costs. If you cure the defau~ within the THIRTY-FIVE (35) DAY period, you will not be required to pay attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND 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 FORECLOSURE SALE - If you have not cured the defau~ within the THIRTY-FIVE (35) DAY period and foreclosure proceedings have begun, you still have the right to cure the defau~ and prevent the sale at any time up to one hour before the foreclosure 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 comected with the foreclosure sale and any other costs connected with the foreclosure 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 nevar defaulted. EARUEST POSSIBLE FORECLOSURE SALE DATE - It is estimated that the earliest date that a foreclosure sale could be held would be approximately six (6) months from the date of this letter. A notice of the date of the foreclosure sale will be sent to you before the sale. You may find out at any time exactly what the required payment wil be by calling us at the following number: 800-669-5231. This payment must be in the form of a cashier's check, certified check or money order and made payable to us at the address stated above. If the defau~ Is cured, the mortgage will be restored to the same position as if no defau~ had occurred. However, the defau~ may not be cured more than three (3) times in any calendar year. HOW TO CONTACT THE LENDER: Name of Lender: CountTyw/de Home Loans, Inc. Address: P. O. Box 10221 Van Nuys, CA 91410-0221 Phone Number: 800-669-5231 Fax Number: 1-805-577-3432 Contact Person: Christen Rocha, MS SV-34 Attention: Loan Counselor EFFECT OF FORECLOSURE SALE - You should realize that a foreclosure sale will end your ownership of the mortgaged property and your right to remain in K. If you continue to live in the property after the Sheriffs sale, a lawsuK to remove you and your furnishings and other belongings could be started by Countrywide at any time. ASSUMPTION OF MORTGAGE - Contact Countrywide Home Loans for information on the possible assumabllity of your loan. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Pursuant to your home loan documents, and because the home loan is In defau~, Countrywide may, at its option, enter upon and conduct an inspection of the property. The purpose of this inspection is to observe the physical condition of the property, to verify that the property is occupied andlor to determine the identity of the occupant. The cost of any such inspection will be added to and become part of the secured debt as provided under the terms of the home loan documents. If you are unable to cure your defau~ on or before 9/0512001 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: . ReDavment 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 monlhly payment, over a defined period of time. Other repayment plans also are available. . Loan Modification: Alternatively, iI 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 a~ernative, however, is Iimiled to certain loan types. . Sale of Your ProDertv: Alternatively, if you are willing to sell your home in order to avoid foreclosure, iI 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 ~. Oeed-in-Ueu: Alternatively, if your property is free from other liens or encumbrances, and if the defau~ is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property direcUy to the Noteholder and avoid the foreclosure sale. If you are interested in discussing foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will determine, in Its sole discretion, whether such assistance wi" be extended to you. In the meantime, Countrywide will pursue all of its rights and remedies under the home loan documents and as permitted by law, unless iI agrees otherwise in writing. Please be advised that failure to bring the home loan current or to enter into a written agreement as ouUined above will result in the acceleration of the debt. Time is of the essence. Should you have any questions concerning this notice, please contact Countrywide's office immediately at80~9-5231, extension 7149. ~ ;l?Dd4 Christen Rocha Loan Counselor 80~69-5231, Extension 7149 Please be advised thatlhis communication is from a debt collector. 2 0 (.:'; -l-l ! g 2': ~i, c::> t "OCP .<::: ~..,,~ ~ r.pm ..,\'"-;'1 _:1J N <;Q Y1 "2<;:-- Cl L~~C) (j)~,. 20 .'-."-Ti \ i:\- ~ ::t:" _,.J.., ::u Ie:: - ,_c,(") ~o -"" - om ~g - ...... ., -=-l ..",. - ~ ~ ;:- ?iI w ~ I:lO ~ ~ ..c ~ ~ ..c p p ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-06549 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NATIONAL ASSOC ETC VS MCCLINTOCK DUANE E JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCCLINTOCK DUANE E the DEFENDANT , at 1450:00 HOURS, on the 30th day of November, 2001 at 93 BEAGLE CLUB ROAD CARLISLE, PA 17013 by handing to DUANE MCCLINTOCK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.25 .00 10.00 .00 31.25 r~..~~~ R. Thomas Kline 12/03/2001 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before me this /),"'" day of By, ~~/m9 eputy Sheriff ~,,,}ool A.D. 0r' (J. "h1,d,,~~ P othonotary (]c IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-l CIO COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive, PTX B-35 PIano, TX 75024-3632 Plaintiff No. 01-6549 Vs. DUANE E. MCCLINTOCK (Mortgagors and Record Owner) 93 Beagle Club Road Carlisle, P A 17013 Defendant PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES 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. Kindly enter judgment in favor of the Plaintiff and against DUANE E. MCCLINTOCK Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days (or 60 days if defendant is the United States of America) from the date of service of the complain and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest -12/1/01 to 2/11/02 Late Charges Escrow Debit TOTAL $92,437.36 $ 1,322.76 $ 61.62 $ 325.52 $94,147.26, I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE E1a.!.~ l'i,oh>;L _, ~(?t'jd ' Judgment is entered in favor of AS USTEE. MT2 -TCIO COUNTRYWIDE HOME LOANS INC. Y default for want of an Answer and damages assessed in the sum of $94, 147.26 as ~ -PIALL ~ rothonot:rv t (") (.::;;> c: f"-v ~;::.. ..." "tJ r,~" r-r, nl f~~i C,':"'1 2: ZC UJ C/) c~ ~. ;:SC: --0 :s: ~C' - j.;U W '-"..' c:: ~ r::- """r-; c..:> -< 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 TillS NOTICE: January 8, 2002 TO: DUANE E. MCCLINTOCK 93 Beagle Club Road Carlisle, PA 17013 BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-l C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 In the Court of Common Pleas of Cumberland County Plaintiff CIVIL ACTION - LAW vs. DUANE E. MCCLINTOCK (Mortgagor(s) and Record Owner( s)) 93 Beagle Club Road Carlisle, P A 17013 Action of Mortgage Foreclosure Term No. 01-6549 Defendant(s) TO: DUANE E. MCCLINTOCK 93 Beagle Club Road Carlisle, PA 17013 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION :2 Li~elty Avenue C;\rhsle, PA 17013 LEGAL SERVICES INe SlrvineRow Carlisle. PA 17013 717-243-<)400 cCAFFER EVER B . seph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. I I I S. Independence Mall East Philadelphia, PA 19106 215-627-1322 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, DUANE E. MCCLINTOCK, is about unknown years of age, that Defendant's last known residence is 93 Beagle Club Road Carlisle, PA 17013 and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: February 11, 2002 .. , . .. ~ ~ \:) ~ ~ -:--Q (i - ?--J 4 ~ -~ Q:2 -..D ~~ ~~ p - 3- R S> ~ o s:; _.." ""tJC: 17; !:Pq '}.;J Z (~ ;;; (/2..--;:': !;; c:; ~ -"';C. _ ;:j;d Wj,.I. pc.: ." _: ~ r.; ~ ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 01-6549 Va. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) DUANE E. MCCLINTOCK Defendant TO THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/11/02 to sale date at $15.47 per diem Total $94,147.26 Plus Costs East Note: Please attach description of property. >- en r-= S; ....::l :z fc:, C'I" =>~ , O2 .-,...... 0...--:( .....,~ 0- r~J ::J "C">- 0-\ ;0 rJ) .)2 r-.--:;.> C_~j -L- ULU Lc' ::0 D... lI- --'> J~L.... J :5 ,. t:".J 0 n I 0 0 0 N tl ~ I!<o ~ Po . t) 0 H 1l!I= m~ Il!I H e-. . ~..:l m m Q ..:l~ ~ ~ . :i ~ e-. ..:l 0 m 0 iPo ~~ 0 N ~~ ~2 . . H III Cl"\ ~ Il!I > .... Q III 00 H H \D e-. t) t) ~ I ~~ 0 n m lli: 0 ~~ . ~ Il!IIl!I ~8 :~ ~O H ....... e-.t) ~ f:il 0 ~ lQ ~A "::::.t j It-- Lc:~_ ~~~~ o~ ' <:.V i5 ~ ..... ~ <:.:3 ~ -~ ~-~. ~- ~ ti <?s ~ "6 NJ ~ ~ -J -J d ~~ ~ 10::'0 '0 t)Cd("tl OOn Q) H t;lli:o ~ 8'i H~r-- Q) ..:l n tIl 10:: = ~ t)r-1~ t) Q) 0 Il!I III ~t)Po .Q t; 0 GI >. I!<or-l ~ r-I aI H o U 11l ..:l GI C1r-1 S ~ e-. \.4 Cd III H 0 ~ GI_r-! tIl !:I!<o lQr-I H ::>("tll-l Q) . GI Q Cl"\ III 0- Il!I lli:W 11l t) 0- o CI ~ I!<o~ Q) Il!I \.4 H e:~ Q) .. ~ Q t)...... '0 '0 a Q) ~ M ..... Po rx. -ci OOrh t-~ ~.~ ~ (j~ a ~ Jospeh A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive, PTX B-35 Plano, TX 75024-3632 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW Vs. ACTION OF MORTGAGE FORECLOSURE DUANE E. MCCLINTOCK (Mortgagorand Record Owner) 93 Beagle Club Road Carlisle, PA 17013 TERM NO. 01-6549 Defendant CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. o --r-.;:; C!'<'C"'" d[:;~i ~({I r~..~~. ~C; '- ~:r:., .I:>.-(~ -~' <: :::< ~ .'>1 l~':] -- 1.0 .~ ....::.... .:v .. l::-- C) ~, GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Att0rney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive, PTX B-35 PIano, TX 75024-3632 plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Vs. ACTION OF MORTGAGE FORECLOSURE DUANE E. MCCLINTOCK (Mortgagor and Record OWner) 93 Beagle Club Road Carlisle, PA 17013 Defendant Term No. 01-6549 AFFIDAVIT PURSUANT TO RULE 3129 BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC., plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 93 Beagle Club Road, Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s) : DUANE E. MCCLINTOCK 93 Beagle Club Road, Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: DUANE E. MCCLINTOCK 93 Beagle Club Road, 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: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 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. (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 unsworn falsification to authorities. DATED: February 11, 2002 Y & McKEEVER dbeck, Jr., Esq. intiff -ot:; rnli -....- ~-rl zr CJ? ,,' ~C; -- ~S )>c: ~ ~ o ~~ C~ r.,J -:-, r..','" b:J \.0 ""U :J;: w ., r- en GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. III S.lndependence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive, PTX B-35 Piano, TX 75024-3632 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW Vs. ACTION OF MORTGAGE FORECLOSURE DUANE E. MCCLINTOCK (Mortgagor and Record Owner) 93 Beagle Club Road Carlisle, PA 17013 Term No. 01-6549 Defendant 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: MCCLINTOCK, DUANE E. DUANE E. MCCLINTOCK 93 Beagle Club Road Carlisle, PA 17013 Your house at 93 Beagle Club Road, Carlisle, P A 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 05, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$94,147.26 obtained by BANK ONE NATIONAL ASSOC1ATION AS TRUSTEE PNC MT2000-1 C/O 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: I. The sale will be cancelled if you pay to BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O 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: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attomey). 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 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 LA WYER AT ONCE. lF 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 ASSOC1A nON 2 Liberty A venue Carlisle, P A 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 ..- ALL that certain tract of land with the improvements thereon erected, situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Township Road No. 503, at comer ofland now or formerly of Daniel Snyder; thence by said land, South 50 degrees 36 minutes 40 seconds East 161.94 feet to a point; thence by land now or formerly of Ralph L. Spahr, South 38 degrees 00 minutes West 85 feet to a point; thence by land now or formerly of Arthur J. Bittinger and Dorothy C. Bittinger, his wife, North 50 degrees 36 minutes 40 seconds West 161.94 feet to a point in the center of Township Road No. 503 aforesaid; thence by the center of said Road, North 37 degrees 4 minutes 20 seconds East 85 feet to the place of BEGINNING. BEING the same premises which Archie S. McClintock and Mary B. McClintock, his wife, by deed dated July 5, 1978 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Deed Book x, Vol. 27 Page 151, granted and conveyed to Archie S. McClintock and Mary B. McClintock, his wife and Duane McClintock, Grantors herein. Tax Parcel #21-05-429-28 Being known as 93 Beagle Club Road, Carlisle, P A 17013 Bank One National Association Trustee PNC MT2000-l c/o Countrywide Home Loans, Inc. VS Duane E. McClintock In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6549 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Out of County Dauphin County Advertising Certified Mail Poundage Law Journal Patriot News 30.00 20.00 15.00 .50 1.00 25.20 9.66 15.00 15.00 2.63 $133.99 Paid by attorney 4-17-02 Sworn and subscribed to before me This 17 - day of (}...:p 2002, A.D. ChI' (J '>HJ~ i~ Prothonotary SOAnS~ ~ ".v-<:~~ R. Thomas Kline, Sheriff BY~.~ ~ Real Estate Deputy I &D ) . Ck- 3d'" " ~. /2 '1.)./) ,. f GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for plaintiff BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive, PTX B-35 PIano, TX 75024-3632 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Vs. ACTION OF MORTGAGE FORECLOSURE DUANE E. MCCLINTOCK (Mortgagor and Record Owner) 93 Beagle Club Road Carlisle, PA 17013 Defendant Term No. 01-6549 AFFIDAVIT PURSUANT TO RULE 3129 BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 93 Beagle Club Road, Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): DUANE E. MCCLINTOCK 93 Beagle Club Road, Carlisle, PA 17013 c::; j"',,) DUANE E. MCCLINTOCK 93 Beagle Club Road, Carlisle, PA 17013 -0 fn '.-o-y ~~ if, ? ~~-, L'~ . ,,=(", J udgdle@; 7' =2 .D :2.: -.,., 2. Name and address of Defendant(s) in the judgment: "0 3. Name and last known address of every judgment creditor whose record lien on the property to be sold: is,...:a t-:-' (T> PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 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. (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 unsworn falsification to authorities. DATED: February 11, 2002 Y & McKEEVER dbeck, Jr., Esq. intiff Bank One National Association Trustee PNC MT2000-1 c/o Countrywide Horne Loans, Inc. VS Duane E. McClintock In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6549 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Out of County Dauphin County Advertising Certified Mail Poundage Law Journal Patriot News 30.00 20.00 15.00 .50 1.00 25.20 9.66 15.00 15.00 2.63 $133.99 Paid by attorney 4-17-02 Sworn and subscribed to before me This 17 c-... day of () r 2002, A.D. ~'" (J \Jt- (~ Prothonotary SOAns:~ . ~ ,<c:~~ R. Thomas Kline, Sheriff BYVtr~ ~ Real Estate Deputy I 6"'> ) . Ck. 3d'~ '" 0v. /:l <(J-I"" GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive, PTX B-35 PIano, TX 75024-3632 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County Vs. CIVIL ACTION - LAW DUANE E. MCCLINTOCK (Mortgagor and Record OWner) 93 Beagle Club Road Carlisle, PA 17013 Defendant ACTION OF MORTGAGE FORECLOSURE Term No. 01-6549 AFFIDAVIT PURSUANT TO RULE 3129 BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 93 Beagle Club Road, Carlisle, PA 17013 I.Name and address of Owner(s) or Reputed Owner(s): DUANE E. MCCLINTOCK 93 Beagle Club Road, Carlisle, PA 17013 c-' r'....:;' DUANE E. MCCLINTOCK 93 Beagle Club Road, Carlisle, PA 17013 '-0 Ill: ~~ Z (J) ::::"r.: <-. ....::: ~ . ~';2J: J udg1lle@ ""7 ~ \D 2. Name and address of Defendant(s) in the judgment: -.,., -.0 3. Name and last known address of every judgment creditor whose record lien on the property to be sold: ii:'.a ,:- (T' PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 'I '\ 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. (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 unsworn falsification to authorities. DATED: February 11, 2002 Y & McKEEVER dbeck, Jr., Esq. intiff .., ) GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INe. 7105 Corporate Drive, PTX B-35 Piano, TX 75024-3632 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW Vs. ACTION OF MORTGAGE FORECLOSURE DUANEE.MCCLINTOCK (Mortgagor and Record Owner) 93 Beagle Club Road Carlisle, PA 17013 Term No. 01-6549 Defendant 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: MCCLINTOCK, DUANE E. DUANE E. MCCLINTOCK 93 Beagle Club Road Carlisle, P A 17013 Your house at 93 Beagle Club Road, Carlisle, P A 17013 is scheduled to be sold at Sheriff's Sale on Wednesday, June 05, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$94,147.26 obtained by BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC., the back payments, late charges, costs and reasonable attomey's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , You may need an attomey 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 attomey). 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff 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 thirty (30) days from the date of the Sheriff's 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 ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 ALL that certain tract of land with the improvements thereon erected, situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Township Road No. 503, at comer of land now or formerly of Daniel Snyder; thence by said land, South 50 degrees 36 minutes 40 seconds East 161.94 feet to a point; thence by land now or formerly of Ralph L. Spahr, South 38 degrees 00 minutes West 85 feet to a point; thence by land now or formerly of Arthur J. Bittinger and Dorothy C. Bittinger, his wife, North 50 degrees 36 minutes 40 seconds West 161.94 feet to a point in the center of Township Road No. 503 aforesaid; thence by the center of said Road, North 37 degrees 4 minutes 20 seconds East 85 feet to the place of BEGINNING. BEING the same premises which Archie S. McClintock and Mary B. McClintock, his wife, by deed dated July 5, 1978 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Deed Book x, Vol. 27 Page 151, granted and conveyed to Archie S. McClintock and Mary B. McClintock, his wife and Duane McClintock, Grantors herein. Tax Parcel #21-05-429-28 Being known as 93 Beagle Club Road, Carlisle, P A 17013 WRIT OF EXECUTION and/or ATTACHMENT . COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 01-6549 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE NATIONAL ASSOCIATION Plaintiff (s) From DUANE E MCCLINTOCK, 93 BEAGLE CLUB ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTACHED LEGAL DISCRIPTION (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; (2) 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 $94,147.26 Interest 12/1/01 TO 2/11/02 L.L. .50 Atty's Comm % Atty Paid $103.25' Plaintiff Paid Date: FEBRUARY 19, 2002 Due Prothy $1.00 Other Costs CURTIS R. LONG REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR. Address: SUITE 500-THE BOURSE BLDG. 111 S INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ill No. 16132 Prothonotary, Civil Division B~~U1~ REAL E'ST ATE SALE No. 2 ~ On February 222002, the sherifflevied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, P A, known and numbered as 93 Beagle Club Road, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 22, 2002 By: J6chJ~~ Real Estate Deputy tF;} CV';J CViJ t::::::::3 Gi> &ViI " \,:,),\~jd \..\".; !\ \ '. . . "\ i \ ,,}\ ( . .." ,> ~1. ~; ~ 1.~' \\~ ~i. t. }:I~\\';)~o ,. '., ."C)\~ ,'" \.. ..' . \ ~\J ..,. ;).,~"\'.\\",j\\. . ,~\~1 -- PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jf. Attorney 1.0.#16132 Suite'5000 - Mellon Independence Center 70 I Market Street Philadelphia, P A 19106-1532 215-627-1322 Attorney for Plaintiff BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE DUANE E. MCCLINTOCK Mortgagor(s) and Record Owner(s) 93 Beagle Club Road Carlisle, PA 17013 No. 01-6549 Defendant( s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $94,147.26 Interest from 06/011200 I to 02/1112002 at 7.8750% (Costs to be added) ERTY & McKEEVER ock, Jf. \ill! Yv' "- ",,"' '- ~ I c; ~ ;; -.:;,' :-C "" '" ~ . , v.. (., ~l ~ ...... 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'" \: .7 . ) _c (r'i ALL that certain tract of/and with the improvements thereon erected, situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Township Road No. 503, at comer of land now or formerly of Daniel Snyder; thence by said land, South 50 degrees 36 minutes 40 seconds East 161.94 feet to a point; thence by land now or formerly of Ralph L. Spahr, South 38 degrees 00 minutes West 85 feet to a point; thence by land now or formerly of Arthur J. Bittinger and Dorothy C. Bittinger, his wife, North 50 degrees 36 minutes 40 seconds West 161.94 feet to a point in the center of Township Road No. 503 aforesaid; thence by the center of said Road, North 37 degrees 4 minutes 20 seconds East 85 feet to the place of BEGINNING. BEING the same premises which Archie S. McClintock and Mary B. McClintock, his wife, by deed dated July 5, 1978 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Deed Book x, Vol. 27 Page 15 I, granted and conveyed to Archie S. McClintock and Mary B. McClintock, his wife and Duane McClintock, Grantors herein. Tax Parcel #21-05-429-28 Being known as 93 Beagle Club Road, Carlisle, P A 17013 SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 93 Beagle Club Road Carlisle, PA 17013 93 Beagle Club Road Carlisle, PA 17013 SOLD as the property of DUANE E. MCCLINTOCK TAX PARCEL # WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC 7105 CORPORATE DRIVE PTX B- NOOl-6549 Civil CIVIL ACTION - LAW 35 PLANO TX 75024-3632 Plaintiff (s) From DUANE E MCCLINTOCK 93 BEAGLE CLUB ROAD, CARLISLE, PA.17013 (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 gamishee(s) that: (a) an attaclunent 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) Ifproperty of the defendant(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 94,147.26 Interest 6/01/01 TO 2/11/02 AT 7.8750% L.L. Atty's Comm % Due Prothy $1.00 Atty Paid $ 249.74 Plaintiff Paid Date: NOVEMBER 24, 2003 Other Costs CURTIS R. LONG (Seal) Prothonotary By: ~'r" (1 ~'O Deputy REQUESTING PARTY: Name JOSEPH A GOLDBECK JR Address: SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA PA 19106-1532 Attorney for: PLFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 USBC PAM - LIVE - V2.2 - Docket Report Page I of3 CREDS, CLAIMS, 341Held, PlnCnfrmd U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:02-bk-01851-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 04/05/2002 Duane E McClintock 93 BEAGLE CLUB ROAD CARLISLE, PA 17013 SSN: 210-40-1981 Debtor represented by James M Bach 352 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050 717737-2033 Charles J. Dehart, III P.O. BOX 410 HUMMELSTOWN, PA 17036 717566-6097 Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717-221-4515 Asst. U.S. Trustee Filing Date # Docket Text 04/05/2002 1 VOLUNTARY PETITION under Chapter 13, Matrix, all Schedules & Statements, Plan and Summary, [DP], ORIGINAL NIBS DOCKET ENTRY #1 (Entered: 04/05/2002) 04/05/2002 2 MOTION FOR ORDER TO PAY TRUSTEE WITH CONSENT OF DEBTOR [Disposed], [DS], ORIGINAL NIBS DOCKET ENTRY #2 (Entered: 04/08/2002) 04/08/2002 3 ORDER to pay trustee. Re: Item # 2, [DS], ORIGINAL NIBS DOCKET ENTRY #3 (Entered: 04/08/2002) 04/15/2002 4 CERTIFICATE of Mailing of Notice of341 Meeting. Objections to the plan are due 15 days after meeting held. , [CA], ORIGINAL NIBS DOCKET ENTRY #4 (Entered: 04/16/2002) USBC PAM - LIVE - V2.2 - Docket Report Page 2 of3 05/17/2002 5 341 meeting held., [CA], ORIGINAL NIBS DOCKET ENTRY #5 (Entered: 05/17/2002) 06/03/2002 Q ORDER Confirming Plan, [KZ], ORIGINAL NIBS DOCKET ENTRY #6 (Entered: 06/03/2002) 11/21/2002 7 MOTION for relief from stay re: Countrywide Home Loans, Inc. [Fee paid, Receipt #589106, $75.00] (Entered: 11/21/02], [KZ] CERTIFICATE OF NON-CONCURRENCE (Entered: 11/21/02], [KZ] REQUEST for admission [Entered: 11/21/02], [KZ] REQUEST for production of documents, [KZ], ORIGINAL NIBS DOCKET ENTRY #7 (Entered: 11/21/2002) 11/21/2002 8 ORDER that answers are due on 12/11/02 Re: Item # 7, [KZ], ORIGINAL NIBS DOCKET ENTRY #8 (Entered: 11/21/2002) 11/26/2002 9 CERTIFICATE of service Re: Item # 8, [SM], ORIGINAL NIBS DOCKET ENTRY #9 (Entered: 11/27/2002) 12/03/2002 10 ANSWER by DEBTOR Re: Item # 7, [DS], ORIGINAL NIBS DOCKET ENTRY #10 (Entered: 12/04/2002) 12/06/2002 11 CORRESPONDENCE SETTING PRELIMINARY PHONE CONFERENCE on 01/15/03 at Jl :00 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 7, [KZ], ORIGINAL NIBS DOCKET ENTRY #11 (Entered: 12/06/2002) 01/15/2003 12 PROCEEDING MEMO: phone conference held - stip. with trustee concurrence to be filed within 30 days; 6 months to cure. Re: Item # 7, [CL], ORIGINAL NIBS DOCKET ENTRY #12 (Entered: 01/15/2003) 01/30/2003 13 STIPULATION by the parties Re: Item # 7, [KZ], ORIGINAL NIBS DOCKET ENTRY #13 (Entered: 01/31/2003) 07/15/2003 14 Certificate of Concurrence of Trustee Filed by Gary E McCafferty of Goldberg McCafferty and McKeever on behalf of Countrywide Home Loans Inc (RE: related document(s)[13] ). (CR) (Entered: 07/16/2003) 07/17/2003 IS Order approving Stipulation (RE: related document(s)[13]). (KZ) (Entered: 07/17/2003) 08/04/2003 16 Correspondence from Attomey McCafferty to Debtor regarding Certification of Default Filed by Gary E McCafferty of Goldberg . USBC PAM - LIVE - V2.2 - Docket Report Page 3 of3 McCafferty and McKeever on behalf of Countrywide Home Loans Inc (RE: related docmnent(s)[13] ). (KZ) (Entered: 08/05/2003) 10/30/2003 17 Certificate of Default Filed by Gary E McCafferty of Goldberg McCafferty and McKeever on behalf of Countrywide Home Loans Inc (RE: related document(s)[13] ). (KZ) (Entered: 10/31/2003) 11/03/2003 18 Order Granting Motion for Relief from Stay (RE: related docmnent(s) 11, [7] ). (KZ) (Entered: 11/03/2003) I PACER Service Center r Transaction Receipt I 11/20/200315:10:02 IPACER Login: !ba0060 IIClient Code: I IDescription: IIDocket Report IICase Number: 1I1:02-bk-0185 I-MDF I IBiIlable Pages: 112 IICost: 110.14 I c; (, ) "' (j! Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney,LD. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 CIO COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. DUANE E. MCCLINTOCK (Mortgagor(s) and Record Owner(s)) 93 Beagle Club Road Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 01-6549 AFFIDAVIT PURSUANT TO RULE 3129 BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 CIO COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 93 Beagle Club Road Carlisle, PA 17013 I.Name and address of Owner( s) or Reputed Owner( s): DUANE E. MCCLINTOCK 93 Beagle Club Road Carlisle, PA 17013 2. Name and address ofDefendant(s) in the judgment: DUANE E. MCCLINTOCK 93 Beagle Club Road 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: P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PAl 70 13 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. Na>ne 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 93 Beagle Club Road Carlisle, P A 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 unsworn falsification to authorities. DATED: November 20,2003 :t.'"") -':'1 :') -> :..) u', iJ 01-6549 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney!.D.#16132 . Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE IN THE COURT OF COMMON PLEAS HOME LOANS INe. 7105 Corporate Drive of Cumberland County PTX B-35 PIano, TX 75024-3632 CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE DUANE E. MCCLINTOCK Mortgagor(s) and Record Owner(s) 93 Beagle Club Road Carlisle, PAl 7013 Term No. 01-6549 Defendant( s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MCCLINTOCK, DUANE E. DUANE E. MCCLINTOCK 93 Beagle Club Road Carlisle, PA 17013 Your house at 93 Beagle Club Road, Carlisle, PAl 70 13 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03,2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $94, 147.26 obtained by BANK ONE NA nONAL ASSOCIA nON AS TRUSTEE PNC MT2000-1 C/O 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: 01-6549 I. The sale will be cancelled if yon pay to BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O 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: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3 . You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of71 7-240-6390. 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 Sheriffof7I7-240-6390. 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 thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 () C'. :0 cr. r:':1 i:.._~ S"; .) Jospeh A. Goldbeck, Jr. Attorney 1.0. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INe. 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. CIVIL ACTION - LAW DUANE E. MCCLINTOCK Mortgagor(s) and Record Owner(s) 93 Beagle Club Road Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Defendant( s) NO. 01-6549 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. c' r: ,': .<,' e;-: -' ~~ :P':. .- S-( '- :..J (y. Bank One National Association as Trustee PNC MT2000-1 c/o Countrywide Home Loans, Inc. VS . Duane E. McClintock In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6549 Civil Term R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED pursuant to instructions from Attomey Joseph Goldbeck. Sheriffs Costs: Docketing Poundage Advertising Mileage Levy Surcharge Law Library Prothonotary Share of Bills 30.00 2.28 15.00 3.45 15.00 20.00 1.00 29.32 $ 116.05 paid by attorney 01/13/04 Swom and subscribed to before me So Answers: This /'ItrJ dayofc.;" r~~-t:~~ . .. '/ R. Thomas Kline, Sheriff 200" A.D. "----;~#-- () ~,~. Prothonotary (,v j. CL'iH10 ~ IY'? V5'Y GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. No. 01-6549 DUANE E. MCCLINTOCK (Mortgagor(s) and Record owner(s)) 93 Beagle Club Road Carlisle, PA 17013 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs only. !fJIt~ JOSEPH A. GOLDBECK, JR., ESQUIRE ,,~ t :::~;> () c::c;:~ -on c.-~l .___1, .~-,..,' ii1 ....<; I \".) " J..." ("",) \"> ..., . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck. Jr. Attorney '-D. #16132 $uite 5000 Mellon Independence Center 701 Market Street Philadelphia. PA 19106-1532 215-627 -1322 Attorney for Plaintiff BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT2000-1 C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plana, TX 75024-3632 Plaintiff vs. DUANE E. MCCLINTOCK (Mortgagor(s) and Record owner(s)) 93 Beagle Club Road Carlisle. PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County No. 01-6549 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. !fJIt~ JOSEPH A. GOLDBECK, JR., ESQUIRE (; .(- ~, r:::? t.C...' c.:.::, <:;':"1 o -n ~ I N f"..) (".)