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Home My WebLink About01-7024GOLDBECK 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 BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plans, TX 75024-3632 Plaintiff VS. DANIEL S. LIDDICK JR. Mortgagor(s) DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Real Owner(s) 75 Pine Hill Road Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. o,_ FORECLOSURE THIS 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 cl~LmS 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 corox 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 CoEur without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plainti~ 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 US'lED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUFJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEF~NDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FOP, MA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN BSTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMAND& SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIFACION. 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 BSA DECISION, ES POSSIBLE QUE USTED PUEDA PEP, DER DINERO, PROPIEDAD U OTROS DERECHOS 1MPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO iMMEDIATEAMENTE. 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 Plaintiff is BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS 1NC., 7105 Corporate Drive, PTX B-35 Plano, TX 75024-3632. The name(s) and address(es) of the Defendant(s) is/are DANIEL S. LIDDICK JR., 75 Pine Hill Road, Enola, PA 17025, who is/are the mortgagor(s) and DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99, 75 Pine Hill Road, Enola, PA 17025, who is/are the real owner(s) of the mortgaged premises hereinafter described. On March 29, 2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AAMES FUNDING CORP. D/B/A AAMES HOME LOAN, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1732 Page 132. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. 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). The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due August 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 07/01/2001 through 12/31/2001 at 11.7500% Per Diem interest rate at $22.89 Attorney's Fee at 5.0% of Principal Balance Late Charges from 08/01/2001 to 12/31/2001 Monthly late charge amount at $71.87 Costs of suit and Title Search Escrow Monthly Escrow amount $0.00 $71,134.77 $4,211.76 $3,556.74 $359.35 $750.00 $80,012.62 $o.oo $80,012.62 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 purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 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 $80,012.62, together with interest at the rate of $22.89, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. 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 Plaintiffcorpomtion and the facts set forth in the foregoing Complaint are tree 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. Michael Vestal Countrywide Home Loans 'Mar.30, 2OOI 12:I4PM :'~. Old Republic Natlohal Title Insurance Com~aany Commitment Number: C2001030100" SCHEDULE C ' PROPERTY DESCRIt~TION The }and referred to in this CommRment Is described as follows: AlL THAT CERTAIN tract oi~ land situate In the Township of East Pennsb6ro, Cumberland C~bnty, Pennsly~an~a0 more particularly bounded and described aa follows Jn accordance with a survey made by Raymond M. KoweJaX), reglsterad professions cng near, of Herr sburg, Pennsylvania, ma, de March 21, .1960. BEGINNING at a po[n{ {n the center o1' Pipe Hill Road at corner of ~ande now' or formerly of P,~lph Kiner: lhence along said lands of Kiner South 88 degraes.41 minutes t9 seconds West, 655.49 feet to a slake in line of lands now or formerly of Charles Lander;, thence alonl} said land~ of Lender South 3 degrae:i 15 minutes 40 seconds West 216.g2 feet to a chero' tree; thence along ,~ame South 45 degrees 56 minules East, 539.85 feet to a poplar Iree in line of lands now or lo,reedy oi~ Harvey G. Wilt; thence along said land of Wilt South 82 degrees 54 . minutes 39 seconds East, 137.02 feet lo a stake; thence by the same South 82 degrees 56 minutes East, 135.27 feet to a point in line of lands now or formerly of Paul Liddic~:; thence a cng said land North 13 degrees 19 minutes West,, 141.93 feet to an Iron pipe; thence along'same North 83 degrees 17 minutes E. asf, a distance of '103.45 feet to an iron pipe in line of land now cc formedy of D,S. Llddick, Sr.; thence along sa. id land now or formerly of Llddick, Sr. Norlh 82 degrees 59 minutes East 70.41 feet lo a po~nl in the center of the Pine Hill Road; thence along the center line of Pine Hill Road Norlh 8 degrees 23 minulas West 167.38 feet to-a point; thence conllnuing along said center line North 16 degrees 34 minutes 8 seconds Wast 132.20 feet to.a poinl; thence continuing along aaicl cenler line of Pine Hill Roa~f North 27 degrees 26 minutes 23 seconds Weal 101.08 feet to a point; Ihence contlnulngalong said center line North 12 d. egCees 16 minutes'30 seconds West 102.11 feet to a point, Ihe place of BEGINNING. ' ' Parcel ff- 09-t 3-0997-007 ALTA Commitment (C2001030100,PFDIC2001030100/7) Schedule C ' Countrywide' NONE LOANS Send Co rmsponden~e to: October 2.2001 Daniel S. Liddlck, A Send Payment~ to: P.O, Box 680~ Certified Mall No. Return Receipt Requested Regular Mall Account NO.: 3111048 Property Al:lclmaa: 75 Pine Hill Road Enola, PA 17025-0000 Current Servicer: Countr/wlde Home loans, Inc. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Is an qfflclpl n~tlee that the mort~aae on your h~me ~ In d~. a~ the le~ I~en~ ~ f~ ~fflc Ink--Ion W ~he n~m M t~ d~R la Dmvld~ In the ~he HOMEOWNER'S EMERGEN~ MO~GAGE ~T~CE PROGR~ ~ur ~me. Thl, N~ ~i~ h~ ~e o~ To see ff HEMAP Ca~ ~lo. YOU m~ ME~ ~ A C~SUMER CRED~ COUNSELI~ pAYS OF ~E DATE ~ THIS NOTICE. T~ thl~ N~ ~h ~u when ~ The n~es. addte~ and Dhone n~m ~ Con--er ~B Cou~a ~ ~ne v~r ~ are Aqen~ tol14~ ~ 1~4~2~. (Pe~ w~ I~ ~arl~ ~ ~ 1-717~1~1 This N~I~ ~ I~ ~11MotmM~n. ff ~ ~ a~ qu~o~, ~~ M ~ C~; C~ CouPling ~enw mW ~ We ~ ~ a~w~ t~. You ~ al~ warn to ~ ~ ~ In ~r ama. T~ IoM ~ aa.~ mw ~ ~e to ~p ~u fl~ a I~r. LA NOTI~CACION EN ~U~O ES DE S~A IM~IA, PUES A~A SU DERE~ A ~INU~ ~VlENDO EN SU C~ SI NO CQMPRENDE EL ~WDO DE E~A N~RC~J0N OBTEN~ U~ TRADUCC~N W~TM~ ~O E~A RG~A (~NN~V~ SIN CARGOS AL NOMERO M~NA~ ~RIB~ ~DE ~R ELEGIBLE P~ UN ~WO POR EL PROGR~A L~O "HOMEO~R'S EMERGEN~ MORTGAGE ~S~CE p~M. EL CU~ PUEDE S~V~ SU CA~ DE LA PER~A DEL DERECHO A R~IMIR SU HOMEOWNER'S EMERGENCY MO~GAGE A~IST~CE PROGW YOU MAY BE EU~I~ F~ HN~ ~CE ~ C~ ~ YOUR ~ME ~OM FORECLOSU~ ~D HELP YOU MAKE FU~RE MORT~ PAYME~. IF YOU COMPLY W~H THE PROVI~NS OF THE H~EO~ER'S EM~GE~Y MORTGAGE A~ ~T OF 19~ ~E "A~"), YOU MAY BE ELIG~ ~R EMERGENCY MORT~E ~S~ANCE: IF YOUR ~FAULT ~ BEEN CA~ED BY ~R~MST~CE8 BEYOND YOUR CO~ROL, IF YOU HAVE A RE~ON~ PROSPE~ OF BEING ~ TO PAY YOUR M~GAGE PA~E~S, ~D IF YOU MEET ~ER EL~IBILITY REQU~EME~ E~ABLISHED BY ~E PENNSYLVAN~ HOU~NG FIN~ ~EN~. Please w~fte your account number on all cheeks artcl ca.~. ~CBRPA 6/26/2000 3111048-9 HOIqE LOANS P.O. BOX 660694 Dallas, TX 75266-0694 Ih,,I,Lh .I J,II.,ll,,ll.,,Ih,l,I..I,,ll,l,.I.l.l,II $1.581.14 AGOF November 1,2001 ~1110~8900015811&015811~ TEMPORARY STAY OF FORECLOSURE - Under the A~ you are entitled to ,, tomporar/stay o~ toresin~ura on your mortgage for thirty (30) days from the date of this Notice, Dudng that time you must arrange and attend a 'raco-to-tseo" meeting with one of the consumer credit counseling agsncias ilsted at the and of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT APFt. Y FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP T0 DATE. THE PART 0F THIS NOTICE CAI I pn 'HOW TO CURF YOUR MORTGAGE DEFAULT'' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DA'I~=, CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer creolt counssllng agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) deys after the date of this meeting. The names, addresses and. teleabone numbers of daslanatsd consumer credit eounsailna a~ensles for the c~untv In which the oronertv Is located are eat f~l~ ~t tl~ enqJ of this F~tnA. It IS only necessary to schedule one face- to-face meeting. Advise your lender immedlatstV of your Intentions. APPLICATION FOR MORTGAGE AS!~ISTANCE - YOur mortgage Is in default for the reasons set forth later In this Notice (see following pages for speoffis Information about.the natur~ of your default.) If you have tded and are unable to resotve this prot)lem with the ~endar, you have the right to apply for financial aeststsnea from the Homeowners Emergency Mortgage Asststsnce Program. To do so, you must fill out, sign and tile a completed Hornaownat'e Emergency Assistance Program Appllcalton wlt~ one of the designated consumer credit counseling agenclas listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will esstst you in submltilng a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LE'r'FER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available fund8 for emergency mortgage assistance are veJy limited. They will be disbumeq by the Agency under the eligibility criteria established by the Act. The Pennsylvania HOlrelng Finance Agency has 81xty (60) days to make a decision after it receives your application. During that time, no forectesure proceedings will be pursued against you If you have met the time requirements est 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 PETIT[ON IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPDSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed banknlMcy you nan still apply for Emergafl~J Mortgage Assistance.) NATURE OF THE DEFAULT - Countntwlde Home Loans. Inc.. (hereinafter "Countrywide") services your home Joan. Your home loan Is in serious default because you have not made your requlrnd payments. The tofal amount now required to reinstate your home loan as of the date of this letter Js as follows: Monthly Payments: $718.70 $1,437.40 Late Charoes: $71.87 $143.74 Other Chames: Uncollected Late Charges: Uncolisctsd Costs: TOTAL DUE= - $1,S81.14 PAYMENT INSTRUCTIONS Please · Ma~e y0ur check payable Io Coa~bywk~ h'u~e LOanS · Wan In ~ ~lon~ amou~ ~ ~1~. (11 t~ Is ~e ~ ~, pl~ ~ mdifl~ ~,) Paymenta: All payments will be apldied to the longest outstmldlng klsf~nm~ due, un~ oih~ ~lx'e~oly Ixehlbitat by law. Addalond emo~,~. I1 y~u don't ~ ~e pmp~e o/addJIIm~ anlo~l~ ~.v~e d. RW w~ ~ ~em flrat Io any paymonts, eseFow de~4er~ios, lato chapgesand/or teesd~e. We wlltMdlappl/arly r~filaMktg IdtlOtJlt~Ma ptfltcipei~e,,~.~,.;~,. If you submit ar, addtimq al principal payment with yeur home Iomt ~, Counkywkb w'll gist sR~iy yeur home loan imymeni, Stun the a~ditieaal principal paymenl. Your rom1 nmat be cunont before w~ carl apply art/p~tclpal HOW TO CURE THE DEFAULT - You may cum this default within THIRTY (30) DAYS of the date of this letter, by gaying to us the above amount of $1,581.14, plus any additional monthly payments, I~fa charges, fees a~d other applicable charges which may fall due during this perkxt. Such payment must be In the to~n of certified check, cashleCs check or money order, and made payable to Countrywide at P.O. Box 660694, Dallas, TX 75266-0684. If your check or otbeT payment is rstumed to us for Insufficient funds or tor any other reason, you will not have cured your default. No extension of time to cure ~11 be granted due to a returned p,~yment. IF THE MORTGAGE 19 FORECLOSED UPON - If the mortgage is foreclosed, the nx)dgaged prepady wilt be sold by the Sheriff to pay off the moflgage debt. )l' the default is cured before wa begin legal proceedings, Count.s will be entitled to collect the reasonable attorney's tees actually Incurred, up to $50.00. However, If ieg~ proceedings are started, Countrywide wltl be entitled to collect the rsaSesable attorney's fees even I~ they am over $50.00. Any attorney's fees will be added to the secured debt, which may also Include our reesom~le costs, If you cure the datault within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. O H D - The iseder may aisc sue you pemonaily for the unpaid principal balance end all Other sums due under the mortgage, RIGHT TO CURE THE DEFAULT PRIOR TO FORECLOSURE SALE - if you have not cured the default within the THIRTY {30) DAY period and foreclosure procesdlng$ he, ye begun, you still have the right to cure the default and prevent the sale at any time up to one hour befam the f~'ecleeure sale. You may do so by paying the total amount then p~St due, plus any late or other charges then due, reasonable attorney's fees and coat~ connected with the forecldsote sale and any other costs connected with the foreclosure sale as speclflod in writing by the lender and by pe~torming any other requirements under the modgege. Curing your default In the manner ~et fodil In this noltoe will ms~'e your mortgage to the same position aa If you bed never defaulted. .EARLIEST POSSIBLE FORECLOSURE SALE DATE - it Is'estimated that the eadlest date that a tomcinsure sale could be held would be approximately six (6) months fram the date of this lattsr. A notice of the date of the fareclosure sale wil~ be sent to YOu before the sate. You may find out at any time exectly what ~e required payment will ha by calling us at the following number: 1-800-669-0102. This payment must be In the fon'n of a cashl®r'e check, certified check or money order and ~ payable to us at the address stated above. If the dofauIf Is cured, the mortgage mil be restored to the same position es if no default had occurred. However, the default may not be cured more than three (3,) limes in any calendar year. H_OW TO CONTACT_THE LENDER: Name of Lend~r: Countrywide Home Loans, Inc. Address: P. O, Box 10221 Van Nuya, CA 91410.0221 Phone Number: 1-800-669.0102 Fax Number: 1-805..577-3432 Contact Person: Ro~t Rogor~, MS SV..34 Attention: Loan Counselor EFFECT OF FORECLOSURE SALE - YOU should realize that a foreclouure sale will end your ownership of tha mortgaged property and your r~gnt to remstn In it. If you continue to Jive in the properly attsr the Sheriff's sale, a Iai*mull to remove you and your furnishings and other belongings ccold be started by ~ at any time. ASSUMPTION OF MORTGAGE - Contact Coultb~jwIde Home Loans for InfotmaUon on the*possible assumab,lty of your loan. YOU MAY ALSO NAVE 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 B~HALF. 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 BE~EVE YOU MAY HAVE ~'O SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Pursuant to your home loan documents, and beceues the home loan Is in default, Couctr/wide may, at Its op~on, enter upon and conduct an inspection of the property. The puqx~ss of this inspection Is to o~ewe the physical com:ltifml of the property, to verify that the property is occupied aed/or to dstem~tne the ldent~ of the o~upant. The cost of any such inspection will be added to and bec~ce pat of the secured deTm es pro.led under the terms of the horns loan documents. If you am unable to cure your default on or before November 1, 2001, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreC, lasure sale of your property. Fo~ example: · RepavmantJ=la[}: It Is possible that you may be eligible for acme form of payment asefstaece through Countryw~le. Our basic plan requires that Countrywlde receive, up front, at least F~ of the amount necassmy to bdng the account current, and that the balance of the overdue amount be paid, along with ~e regular monthly payment, over a defined peeled of time. Other repayrneot plans a{so are ~altsbts. · Loan Mqdlflcatlon: Alternatively, It Is posalble that the regular monthly payments can be Jowered through a modification of the loan by reducing the interest rate ~ then edcllng the Geflnquent paymants to the currant laan balance. This foreclosure alternative, he. ever, is limited to certain loan types. · ,~e,19 of Your PrOeertv:. Alternatively, If you are willing to sell your home in order to avo~ foreC~,~re, it IS possible that the sale of your home can be approved through CountP/wlde even If your home IS worth less than what Is owed on it. · Deed-in-Usu: Altemattsely, If your property ts free from other liana or encumbrances, and if the default Is due to a sedous Ifnanclel hardship which IS bayond your control, yoU may be eligible to deal your progerty directly to the Nbteho{der and avoid the forecloecm eats. If you are Interasted in discussing foreclosure alternatives with Counthjwide, you must contact us immedlatefy. If you ;equest assistance, Count~da will dsten'nine, in its sole dlscmlton, whether such assistance will be extended to you. In the meanltrne, Countrywide will pureus all of Its rights and remedies under the home home loan docomanta and as permitted by law, unless it agrees o~herwlsa In writing. Pieeca be advised that failure .to bring the home home loan current or to enter Into a written agreement as oult~led above will result in the ec~elaratlon of the debL Time IS of the essence. Should you have any questions concerning this notice, please contact CounthJwide'a office immediately at 1-800-669-0102, extassibn 4731. Robert Rogers Loan Counselor 1-800-669-0102, extension 473~ Please be advised that this ~ommunlcatlon ts from a debt collector. SHERIFF'S RETURN - REGULAR CASE NO: 2001-07024 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST CO OF CALIFORiqIA VS LIDDICK DANIEL S JR JASON VIOPJIL Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT LIDDICK DANIEL S JR Sheriff or Deputy Sheriff of who being duly sworn according to law, FORE was served upon the DEFENDANT , at 1832:00 HOURS, on the 20th day of December , 2001 at 75 PINE HILL ROAD ENOLA, PA 17025 DANIEL LIDDICK JR. a true and attested copy of COMPLAINT - NOTICE by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.10 Affidavit .00 Surcharge 10.00 .00 37.10 Sworn and Subscribed to before me this ~ day of ~,~ ~ A.D. t /Prothonotary I R. Thomas Kline 12/26/2001 GOLDBECK MCCAFFERTY & MCKEEVER By: SSeriff BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC., Plaintiff DANIEL S. LIDDICK JR., : Mortgagor(s) : DANIEL S. LIDDICK JR. TRUSTEE : OF THE LIDDICK FAMILY TRUST : DATED 11/17/99 : Real Owner(s) , : Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law Mortgage Foreclosure No. 01-7024 Civil Term NOTICE TO PLEAD TO: Plaintiff, Bankers Trust Co. of California NA c/o Countrywide Home Loans Inc. and its attorney, Joseph A. Goldbeck, Jr. You are hereby notified to file a written response to Defendant's enclosed new matter within 20 days from service hereof or a judgment may be entered against you. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: ~lO7-- ~rad~d- D?rran~e I.D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Defendant, Daniel S. Liddick, Jr.) BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. , Plaintiff Vo DANIEL S. LIDDICK JR., Mortgagor(s) DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Real Owner(s), Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law Mortgage Foreclosure No. 01-7024 Civil Term A/~SWER TO COMPLAINT WITH NEW M-kTTER 2. Admitted that defendant, resides at 75 Pine Hill Road, Enola, PA Admitted on information and belief. Daniel S. Liddick, Jr., 17025. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the remaining allegations in paragraph 2. Accordingly, such allegations are deemed denied. 3. Denied. Paragraph 3 is denied to the extent it is at variance with the document recorded in the Cumberland County Recorder of Deeds' Office. 4. Denied. Paragraph 4 is denied to the extent it is at variance with the legal description of the property. 5. Admitted in part; denied in part. Admitted that certain monthly payments have not been made under the mortgage. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the remaining allegations, which are deemed denied. 6. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 6. Accordingly, such allegations are deemed denied and answering defendant demands verification of the debtl 7. Denied. Paragraph 7 is denied to the extent it is at variance with the mortgage documents and Pennsylvania law. 8. Admitted in part; denied in part. On information belief, answering defendant has not had a face-to-face meeting with the Pennsylvania Housing Finance Agency or any appropriate consumer credit counseling agency. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the remaining allegations of paragraph 8. WHEREFORE, answering defendant requests that the complaint be dismissed with all costs taxed against plaintiff. NEW MATTER 9. The complaint fails to state a cause of action upon which relief can be granted. 10. Plaintiff has failed to comply with various state federal laws, including the Fair Debt Collection Practices and Act. debt, in paragraph 6 of 11. Answering defendant demands verification of the including the attorneys' fees and other charges set forth the complaint. WHEREFORE, answering defendant requests that the complaint be dismissed with all costs taxed against plaintiff. Respectfully submitted, KEEFER WOOD ALLEN & RA}{AL, LLP Dat ed: ~-Z~l~/0 ~-~ ~-~radf~Dorrance I.D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Defendant, Daniel S. Liddick, Jr.) 4 VERIFICATION matter, R.C.P. 1. I am counsel for defendant and I am signing this verification No. 1024(c) . 2 o the undersigned, hereby verify and state that: in the foregoing in accordance with Pa. new matter are true and correct information, and belief. 3. subject to the penalties of 18 Pa. C.S. unsworn falsification to authorities. The facts contained in the foregoing answer with to the best of my knowledge, I understand that false statements herein are made §4904, relating to Dated:-;-/~/O-t ~ /~radford Dorrance CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving true and correct copies of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postaqe Prepaid Addressed as Follows: Joseph A. Goldbeck, Jr. Lisa D'Angeli GOLDBECK McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 Dated: GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Lisa A. D'Angeli, Esquire Attorney I.D. #: 78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF Bankers Trust Co. of California, N.A. c/o Countrywide Home Loans, Inc. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-7024 Vs. Daniel S. Liddick, Jr. Mortgagor(s) Daniel S. Liddick, Jr. Trustee of the Liddick Family Trust Dated 11/17/99 Real Owner(s) 75 Pine Hill Road Enola, PA 17025 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, incorporates by reference the averments of paragraphs 1 through 8 of its Complaint as if fully set forth herein. 9. Denied. The averments of paragraph 9 are conclusions of law to which no response is required. 10. Denied. The averments of paragraph 10 are conclusions of law to which no response is required. 11. Plaintiff's counsel will provide verification of the debt under separate cover. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant as prayed for in Plaintiff's Complaim. Respectfully submitted, Li~-~ A. ~'An~eli, Esquire Attorney for Plaintiff VERIFICATION LISA A. D'ANGELI, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiff's Reply to Defendant's New Matter is tree and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Lisa A. D'Angeli, Esquire Attorney I.D. #: 78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF Bankers Trust Co. of California, N.A. c/o Countrywide Home Loans, Inc. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Vs. Daniel S. Liddick, Jr. Mortgagor(s) Daniel S. Liddick, Jr. Trustee of the Liddick Family Trust Dated 11/17/99 Real Owner(s) 75 Pine Hill Road Enola, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-7024 CERTIFICTATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent by first class mail, postage pre-paid, upon the following on the date listed below: Bradford Dorrance, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Date: GOLDBECK, McCAFFERTY & McKEEVER Lisa A."TD'rAnge~ Es~ire Attorney for Plaintiff '~ GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. D'ANGELI, ESQUIRE Attorney I.D. #78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. DANIEL S. LIDDICK JR. and DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Mortgagor(s) and DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Record Owner(s) 75 Pine Hill Road Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 01-7024 CIVIL TERM ORDER AND NOW, this day of Motion for Summary Judgment, it is ORDERED: That Summary Judgment is hereby granted in favor of Plaintiff for the dollar amount due as of the filing of the Complaint $80,012.62 plus interest at the rate set forth in the note, fees and costs and other charges in accordance with the terms of the mortgage and note and the demand of the Complaint. 2002, upon consideration of Plaintiffs BY THE COURT: Jo GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. D'ANGELI, ESQUIRE Attorney I.D. #78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS 1NC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. DANIEL S. LIDDICK JR. and DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Mortgagor(s) and DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Record Owner(s) 75 Pine Hill Road Enola, PA 17025 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 01-7024 CIVIL TERM PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. There is no genuine issue of fact or law upon which the Defendant would be entitled to relief. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, LISA A.)D'~~ SQUIRE GOLDBECK McCAFFERTY & McKEEVER BY: Lisa A. D'Angeli, Esquire Attorney I.D.#78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 VS. DANIEL S. LIDDICK JR. and DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Mortgagor(s) DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Record Owner(s) 75 Pine Hill Road Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 01-7024 CIVIL TERM AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ~--ff-~/g,~4'~c~ jtae::'~'--~~. ~ being duly sworn according to law, deposes and says: 1. I am thq~-~c6ev ~ c.,~-- ~ for and representative of Plaintiff. I am authorized to make and do make this affidavit on behalf of Plaintiff; and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. 2. I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiffs Motion for Summary Judgment, that the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein. 3. The Defendant, DANIEL S. LIDDICK JR., made, executed and delivered a Mortgage upon the premises, 75 Pine Hill Road, Enola, PA 17025, on March 29, 2001 to AAMES FUNDING CORP., D/B/A AAMES HOME LOAN. 4. The mortgage is held by Plaintiff. See paragraph 3 of Plaintiff's Complaint. 5. The Mortgage is in default because monthly payments of principal and interest due August 1, 2001 and each month thereafter are due and unpaid. At no time from August 1, 2001 to the present has the Defendant tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. 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 set forth in the true and correct copy of such notice attached hereto as Exhibit "A". The Defendant has 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. 7. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance Interest from 07/01/2001 through 12/31/2001 at 11.7500% Per Diem interest rate at $22.89 Attorney's Fee at 5.0% of Principal Balance Late Charges from 08/01/2001 to 12/31/2001 Monthly late charge amount at $71.87 Costs of suit and Title Search Escrow Balance (Deficit) Monthly Escrow mount $0.00 $71,134.77 $4,211.76 $3,556.74 $359.35 $750.00 $80,012.62 $0.00 $80,012.62 I hereby verify that any exhibits attached hereto are tree and correct copies of the originals and I declare all of the foregoing to be tree and correct. SWORN TO AND SUBSCRIBED: before me this ?'~',,~ day: of (~fl/~ .~002: l~ot~ry~bli~ ~' ~.,:.:..~.~ ~ PHILLIP LY~N PEARSON ~ ~ ~ :. .~. ..' ,;, E 0tary Public, State of Texas ! ~ ~3}:......~'~ My Commission Expires 06-22-05 II GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. D'ANGELI, ESQUIRE Attorney l.D. #78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS 1NC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. DANIEL S. LIDDICK JR. and DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Mortgagor(s) and DANIEL S. LID1)ICK dR. TRUSTEE OF THE LII)DICK FAMILY TRUST DATED 11/17/99 Record Owner(s) 75 Pine Hill Road Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 01-7024 CIVIL TERM A B C D E F EXHIBIT LIST Complaint in Mortgage Foreclosure Answer to Complaim with New Matter Plaintiff's Reply to New Matter Mortgage Note Verification of Debt dated February 20, 2002 EXHIBIT "~" ' ' COMPLAINT IN MORTGAGE FORE(~LOSUI~.~ ~ ~%.i~ Plaintiff is BANKERS TRUST CO. OF CALIFORNIA NA C/O COUN~a~F.,,J:LQ3~ LOANS INC., 7105 Corporate Drive, PTX B~35 Plane, TX 75024-3632. IS A TRUE AND CORRECT COPY . ..-n~T c,t:H I IFY THAT THIS OF THE ORi~iN6[~F, ikED' The name(s) and address(es) of the Defendant(s) is/are DANIEL S. LIDDICK JR., 75 P~ne mn tcoaa, Enola, PA 17025, who is/are the mortgagor(s) and DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99, 75 Pine Hill Road, Enola, PA 17025, who is/are the real owner(s) of the mortgaged premises hereinafter described. On March 29, 2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AAMES FUNDING CORP. D/B/A AAMES HOME LOAN, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1732 Page 132. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. 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). The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due August 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 07/01/2001 through 12/31/2001 at 11.7500% Per Diem interest rate at $22.89 Attorney's Fee at 5.0% of Principal Balance Late Charges from 08/01/2001 to 12/31/2001 Monthly late charge amount at $71.87 Costs of suit and Title Search Escrow Monthly Escrow amount $0.00 $71,134.77 $4,211.76 $3,556.74 $359.35 $750.00 $80,012.62 $0.00 $80,012.62 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 purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 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 tree and correct copy of such notice(s) attached hereto as Exhibit "A". he 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 $80,012.62, together with interest at the rate of $22.89, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: GO ~ ~ ATTORNEY FOR PLAINTIFF VERIFICATION I, Michael Vestal, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are tree and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: Michael Vestal Countrywide Home Loans Old Republic Natlohal Title Insurance Comj~any Commitment Number: C2001030100' 'SCHEDULE C PROPERTY DESC. RII~TION The land ret'erred to in this Commitment is dascri'bec~ as follows: ALL THAT CERTAIN Iract of land situate in the Township of East Pennsb(~ro, Cumberlanc~ C~bnty, Pennsly~/ania, more particularly bOUnded and described as follows Jn accordance with a survey made by Raymond M. Kowalsl(J, registered professional engineer, of Harrisburg, Pennsylvania, made March 21, .1960. loEownGINN! .N.G a! a polnl in i..he center oi' Pipe Hilt F~oad at comer o! Jand$ now' or forrn~lv of I~lnh ... y,_ !? ~?~y .u~. ,~[turla,s ~.enaer;, Inence along saJo lanes el~ Lender South 3 ._vv_?.[ Z.1. §.gz.r. eet.[o a crier .q,, tree;, the, ri.ce along game Soulh 45 degrees $~' ~ln'u'J;~'~'~s't:' ~e~n3~)~onnac~sn~a., or to,many o, ,arvey G. W,II; thence along said land of Wilt South 82 degrees 54 - '. . asr, 137.02 feet to a stake; thence by the same South 82 degrees 50 minutes East, 13~.27 teat {oa pein{ in tine of lands now or formerly of Paul Liddic/(; thence along said land North 13 decJrees t minutes West~ 141.93 feet to an iron pipe; thence along'same North 83 degrees 17 minutes ~as{, a dis{once of '103.45 feet to an Iron pipe In line of land now or formerly of D.S. Llddick, Sr.; thence along sa:~d land now or formerly of'LlddJck, Sr. North 82 degrees 69 mlnulas East 70.41 feet to a poinl in the center of the Pirj,e H I Road; then?e along the centerline of Pine Hill Road North 8 degrees 23 minulas West 187.38 feet to.a polnl, thence continuing along said center line North 16 degrees ~34 minutes 8 seconds West 132.20 feet tea poln{; thence continuing e~ang said cenler line of Pine Hill Road Norlh 27 degrees 26 minutes 23 seconds Wes1101.08 feet 1o a point; Ihence continulngalong said center line North 12 degrees 16 minutes'30 seconds West 102,11 feel to a point, Ihs place o~ BEGINNING. · ' Parcel tf 09-13-0997.007 ALTA Commllmam ,Schedule C (C20011130100.PFDIC2001030100/7) I Counb' jwide' HONE LOANS Send Co~r~oond~ t~. P.O. .Box 8~39 Yen Nuys, CA 91409.8239 October 2, 20Dt Daniel S. Llddlck, I BIT A Certified Mall No. Return Receipt Requested Regukar Mall Aooount NO.: 3111048 Property Address: 75 Pine Hill Road Enola, PA 17025-0000 Current ~ervlcer., Countrywide H~me Losns, I~c. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Is an Official notice that the riming_n_=_ ml your home ts In default, and the lender Intends to ~;t~ ;i~;u~,,~,//On about the nstum Of the ~,e;&uif Is urovldsd In the m'~A~(f ~l~e HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IHEMAP~ man be able'to beI= to your It,,rm. Thla NOflc~ e~m~!~ how the omamm wol'l~ To see If HEMAP can hel~ you muat MEET WITH A CON_fa_tM_IR CREDIT COUNSELING AGENCY WITHIN DAYS OF THE DATE OF THIS NO¥iC~.. Take this N___~e_ _ with you when you ,~,~=-~ with the Counse[Ina Th names, addresses end Phone numbers of Consumer Credif Counsellna A~-~;e= &~v~,,e your County listed at the end of this ;;~;~=. It' You heve any _m ~,,~.! _~.q_~. you may ~ the Pennsv~anla Ho~;i~.-. Aeencvtoll-frns at 1-800-342-2397. (Persons with Inmalmd hserln= can cad 1-717-780~18~e~ This NOffce oontalns Imporla~ legal Infot'matlon. If you have any questions, reprseentetivse at the C~onsume~ Credit Counseling Agency may be ~ to help anmver them. You may Clad went to contact an attorney Iff your area, The Iocat bar sesoclatlon may be able to help you find a lawyer. LA NOTIFICAClON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VlVlENDO EN SU CASA. SI NO CGMPRENDE El. CONTENIDO DE E~TA NOTIFICACl0N OBTENGA UNA TRADUCCI~N INMEDIATAMEI~EE LLAMANDO E~TA AGENCIA (PENNSYLVANIA HOUSING FINAI~CE AGENCY) ~IN CARGOS AL N~MERO MENCIGNADO ARRIBA. PUEDE ~ER ELEGIREE PARA UN PRI~TAMO POR EL PROGRAMA LLAMADo 'HOMEOWNER'$ EMERGENCY MORTGAGE AGSlETANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECRO A RBDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIC~RI l= FOR FINA~_~_~ .~et;~'TANCE WHICH CAN SAVE YOUR NOME FROM FO~-~-t _.~ID HELP YOU MAKE FUTURE biOt~¥,~__4.~_E PAYMENT~ IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSI~I'ANCE ACT OF 1If83 (THE "ACT"), YOU MAY SE EEGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HA~ 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 EGTABLISNED BY THE PENNSYLVANIA HOU~IG FINANCE AGENCY. Ptease val~ your accoun! number on all che~s m~d on~e~pohd;mce. ' 3111048-9 ?s P~H; P,~d HOIqE LOAN~ P.O, BOX 66O694 Dallas, TX 75266-0694 Ih,,I,I,h,,I,l,ll.,ll,,ll..ll,,I,I. ,I.II,l.,I.l.l,II BCBRPA 1~26F2000 $1,581.14 AS OF November 1, 2001 3111068900015811~0158116 TEMPORARY STAY OF FORECLOSURE - Under the Aot, you are entitled to a temporary stay of tore~.~k)sure on ~ mortgage for flirty (30) days from the date of this Notice, Dudng that time yon must arrsflge and attend a ffa~e-to-faoe" meeting with one of the consumer credit counseling agencies I~tnd at the end of thle Notice. THIS MEETING MUST OCCUR WTFHIN THE NEXT [30'J DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE A,..q~I'ANCt= YOU MUST BRING YOIJR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE GAl i gn 'HOW TO Ct~P.'= YOUR MORTGAGE DEFAUL'P EXPLAJN$ HOW TO BRING YOUR MORTGAGE UP TO DAT~. CONSUMER CREDIT COUNSEUNG AGENCI~;R - If you meet with one of the non~umer ~redlt counseling agencies listed et the end of this notice, the lender may NOT lake ecflon against you for thirty (30) days after the date of this meeting. The names, addresses a~ld. laleohone nunlber8 of rle~lnnatnd co~tsumer credit oouneetlno aQ~lcies for thq county In which the orouartv Is located are set forth st the end of thle Notice. It Is only necessary to echedule one fac'e- to4ace meeting. Advise your lender lmmedlatelv of your Intentlese, APPLICATION FOR MORTGAGE ASSISTANQI= - Your mortgage Is in default for the mesons set forth later in this Notice (see following pages for epeeltlo Information about,lbo nature of your detauti.) It you have tried and are unable to reco~ve this pro~lem wlt~ the lender, you have the right to apply for tlnanc~ aeslelan~e from the Homeowners Emergency Mortgage Asaislan~e Program. TO do so, you must fill out, sign and file a completed Homeowner's Emergency Aeslstance Program AppllcaUon w~ one of the designated consumer ~re~ counsaliog agencies I~nd at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submliting a eomplate application to the Pennsylvania Housing Flearme Agency. Your appllcetlon MUST be filed or postmarked within thirty (30) days of your fece-to-fece meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO $O OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS L~-i P-R, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED, AGENCY ACTION - Available funds for emergency mortgage ass~enee am very limited. They will be disbursed by the Agency under the ellgibll~y erltaris established by the AcL The Pecnsylvan~ Housing FInance Agancy has sixty (60) days to make a decision after It receives your appllcatlon. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. Yo~ will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FLUNG OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE$ 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.) NATURE OF THE DEFAULT - Countrywide Home Loans. Irt;.. (hereinafter 'Coontrvwlde") services your home loan. Your home loan is in serious default because you have not made your rsqulrnd paymer~s. The tolaJ amount now requlrnd to relost~e your home loan es of the date of this letter Is es follows: Monthly Pavmecte: $718.70 $1,437.40 Late Chamea: $71.87 $143.74 Other Chames: Uncollected Late Charges: Uncollected Costs: TOTAL DUE= * $1,88t.14 PAYMENT INSTRUCTIONS Please · Make yolx cflsck payabls Io Col~t0,wlbe ;q~me L~ · W~Is b~ afly ae~lllonal amour~s you am ina~Jflg, (il t~ad !~ rJ3ore Ihan $5000, please Send (~efllalM check.) · Don~t atlach your check to the pal,T,~el cousin HOW TO CURE THE OEFAULT- You may cure this de~uJtt within THIRTY (30) DAY8 O{ the dele of this leifer, by paying to us the above amount of $1,581.14, plus ~my ~ldillenat montMy payments, ~te ~mq~, fees and Other appllcebla charges which may/all due during this peded. Such payment must be In the form of cerlffled clmek, csahler's check or nm~ey order, and mede payab~ to Counh~ at P.O. Box 660894, Dallas, TX 75266-0684. If your check or 0thBr payme~ is returned to us for issuffl~eot fun~ or for any other rsa~on, you will no{ have cured yom default. No extension o{ ifme to cure will be granted due to a returned payment. IFTNE MORTGAGE I~ FI~RECLOSED UPON - if the mortgage Is foreclused, the m~t~,ned_ prope~y wi~ be 801(I by the Sheriff to pay off the mortgage debt. If the default Is ~ureq before we begin legal proceedb~, Counflywkte wlfl be entillod to Collect the reasonable attorney's fees actually JllOurreq, up to $,~.00. However, If ~ proeeedlflge are started, Coucti'ywlde wilt be entitled to collect the rsaso~able attorneys fees even If they are over $50.00. Any attorney's fees will be adflnd to the secured debt, whish may also Include our ree:sonable co~s. If you cure the delauIf within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you pemonally for the unpaid pll~clpal balance and all other sums due under the mmtgage. RIGHT TO CURE THE DEFAULT PRIOR TO FORI~CLOSURF.~ SAr;: - if you have not cured the datauil within the THIRTY (30) DAY pertod and foreclosure proceedings I~,ve begun, you still have the r~gM fo cure the default and prevent the aais at any time up to one hour before the foreclosure sale. You may de so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and custs cceneoted with the foreClasure sale and any other costs connected with the foreclosure sale as specified in wdllng by the Isndar and by pedomllng any other requirements under the reD,gage. CurEtS your ~$efault In the manner Get forth In thle no{Ice will maters your mortgage to the same position as If you had never defaulted. EARUEST POSSIBLE FORECLOSURE SAI.EDAT~: - It is 'estimated that the earliest date that a foreclosure sale could be held would be approvJmatsty slx (6) months from the date of this letter. A notice of lbs date of the foreclosure sale will be sent to you before the ~de. You may find out at any time exactly what ~he required payment will be by calling us at the following number:. 1-800-669-0102. This payment must be In the form of a canhle~'a check, cad,led check or money order and mede payable to us et the address stated above, if the default Is cured, the mo~gage w#l be ~'estored to the same position es If no default had occurred. However, the default may not be cured mom than three times in any calendar year. HOW 3'0 CONTACT THE LENDER: Name of Lancer: Countrywide Home Loans, Inc. .Address: P, OD BOX 10221 Van NuyS, CA 914100221 Phone Number: 1-806.6~9-0102 Fax Numbe~'~ 1-805.577-3432 _CColltact Person: Robert Rogers, MB $V.34 Attention: Loan Counealo~ EFFECT OF FORECLOSURE S~.L~= - You should realize If'mt a foreclosure sale will end your ownership of the mortgaged properly and your right to rematn In it. if you continue to live In the properly after the ,.~harltl'$ sale, a lawsuit to remove you and your fumishiogs and other belongings could be started by (~ma;,-.y w~le at any lime. ASSUMPTION OF MORTG/~G~ - Contact Coulllry~,lcle Nome Loans for Ioformattue on the'possible assumability of your loan. Y~)U 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 A8 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 Icen is In default, Countrywide may, at Its option, enter upon end conduct an Inspection of the property. The purpose of this lespa~lon Is to obaewe the physioat cendllJofl of the property, to verify that the property Is oecup[ed alx~or to determine the ldect~ of the oecupard. The co~t of ally such inspection will be added to and become part of the sesumd debt es prov~ed u~lder the term8 of the home loan documents. If you am unable to cum your default on or before N°veml~ar 1,200'J, Countywide wants you to be aware of various options that may be available to you through CounfrywMe to prevent a fora ,closure sale of your property. For example: * Repayment Plan: It Is possible that you may be eligible for sonic form ct payment a~islanoa through Count~vide. Our basle plan requhes that Count~vlde recalve, up front, at least ~ of the amount necessary to bring tha escount current, and that the balance of the overdue amount be paid, along wiffi the regular monthly payment, over a defined pedod of time. Other repayment plans al~o ere available. · ~: AItsmaitvaly, It Is poaslole that the regular monthly payments can be lowered through a modification of fha loan by reducing the Itttsmat rate end then eddlog the datioqoent payments to the current loan balance. ThIs foreclosure alternative, however, Is limited to certain loan types. · Sale ct your Prooertv:. Alternatively, if you am willing to sell yOur home In order to avoid foreclosure, it is p~erale that the sale of your home can be approved through Countpjwlde even ;f your home Is worth leas then what la owed on It. · Deed-In-Lieu: Alternatively, if your properly Is free from other liens or encumbrances, and If the default Is due to a sedous financial hardship which Is beyond your control, you may be eligible to deed your proparty directly to the Noteholdar and avoid the foreck3~um sale. If you are Interested In discussing foreclosure allematives with Countrywide, you must content us immediately. If you request assistance, Count~wide will determine, In its sole dlesmtlon, whether such aeslstartce will be extended to you. In the meantime, Countpjwlde will pumue all of its rights and mmadias under the home home loan documents and as permitted by law, unless It agrees othenvlse In wntlog. Please be advised that failure to b~thg the home ha, ne ~ current or to enter Into a wriften agreement as outlined above will result In the ec~eleratlo~ nt ~e debL Time ~s of the essence. Should you ~,ve any questions oormemlng this notice, please contact Countrywlde'$ office Immediately at 1-800-669-0102, exfanslon 4731. Robed Rogers Loan Counselor 1-800-669-0102, extension 473~ Please be advised that this communication Is from a debt collector. EXHIBIT "~" BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC., Plaintiff Vo DANIEL S. LIDDICK JR., Mortgagor(s) DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Real Owner(s), : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : Civil Action - Law : : Mortgage Foreclosure : : : : : Defendants : No. 01-7024 Civil Term NOTICE TO PLEAD TO: Plaintiff, Bankers Trust Co. of California NA c/o Countrywide Home Loans Inc. and its attorney, Joseph A. Goldbeck, Jr. You are hereby notified to file a written response to Defendant's enclosed new matter within 20 days from service hereof or a judgment may be entered against you. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: ~/O7__ rad~rd Dorrance I.D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Defendant, Daniel S. Liddick, Jr.) BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC., Plaintiff Vo DANIEL S. LIDDICK JR., Mortgagor(s) DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Real Owner(s), : IN THE COURT OF COMMON PLEAS'OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : Civil Action - Law : : Mortgage Foreclosure : : : : Defendants : No. 01-7024 Civil Term ANSWER TO COMPLAINT WITH NEW MATTER 1. Admitted on information and belief. 2. Admitted that defendant, Daniel S. Liddick, Jr., resides at 75 Pine Hill Road, Enola, PA 17025. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the remaining allegations in paragraph 2. Accordingly, such allegations are deemed denied. 3. Denied. Paragraph 3 is denied to the extent it is at variance with the document recorded in the Cumberland County Recorder of Deeds' Office. 4. Denied. Paragraph 4 is denied to the extent it is at variance with the legal description of the property. 5. Admitted in part; denied in part. Admitted that certain monthly payments have not been made under the mortgage. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the remaining allegations, which are deemed denied. 6. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 6. Accordingly, such allegations are deemed denied and answering defendant demands verification of the debt. 7. Denied. Paragraph 7 is denied to the extent it is at variance with the mortgage documents and Pennsylvania law. 8. Admitted in part; denied in part. On information belief, answering defendant has not had a face-to-face meeting with the Pennsylvania Housing Finance Agency or any appropriate 2 consumer credit counseling agency. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the remaining allegations of paragraph 8. WHEREFORE, answering defendant requests that the complaint be dismissed with all costs taxed against plaintiff. NEW MATTER 9. The complaint fails to state a cause of action upon which relief can be granted. 10. Plaintiff has failed to comply with various state and federal laws, including the Fair Debt Collection Practices Act. 11. Answering defendant demands verification of the debt, including the attorneys' fees and other charges set forth in paragraph 6 of the complaint. W~EREFORE, answering defendant requests that the complaint be dismissed with all costs taxed against plaintiff. Respectfully submitted, KEEFER WOOD ALLEN & RA/4_AL, LLP I.D. NO. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Defendant, Daniel S. Liddick, Jr.) VERIFICATION I, the undersigned, hereby verify and state that: 1. I am counsel for defendant in the foregoing matter, and I am signing this verification in accordance with Pa. R.C.P. No. 1024(c) . 2. The facts contained in the foregoing answer with new matter are true and correct to the best of my knowledge, information, and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated:Q-/~/O~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving true and correct copies of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postaqe PreDaid Addressed as Follows: Joseph A. Goldbeck, Jr. Lisa D'Angeli GOLDBECK McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 Dated: ~f~dford Dorrance EXHIBIT "~" GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Lisa A. D'Angeli, Esquire Attorney I.D. #: 78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF Bankers Trust Co. of California, N.A. c/o : Countrywide Home Loans, Inc. 7105 Corporate Drive : PTX B-35 Plano, TX 75024-3632 : COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-7024 Vs. ' Daniel S. Liddick, Jr. : Mortgagor(s) Daniel S. Liddick, Jr. Trustee of the : Liddick Family Trust Dated 11/17/99 Real Owner(s) : 75 Pine Hill Road Enola, PA 17025 : PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, incorporates by reference the averments of paragraphs 1 through 8 of its Complaint as if fully set forth herein. 9. Denied. The averments of paragraph 9 are conclusions of law to which no response is required. 10. Denied. The averments of paragraph 10 are conclusions of law to which no response is required. 11. Plaintiff's counsel will provide verification of the debt under separate cover. GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Lisa A. D'Angeli, Esquire Attorney I.D. #: 78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF Bankers Trust Co. of California, N.A. c/o Countrywide Home Loans, Inc. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Vs. Daniel S. Liddick, Jr. Mortgagor(s) Daniel S. Liddick, Jr. Trustee of the Liddick Family Trust Dated 11/17/99 Real Owner(s) 75 Pine Hill Road Enola, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-7024 CERTIFICTATION OF SERVICE I hereby certify that a tree and correct copy of Plaintiff's Reply to Defendant's New Matter was sent by first class mail; postage pre-paid, upon the following on the date listed below: Bradford Dorrance, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Date: GOLDBECK, McCAFFERTY & McKEEVER EXHIBIT "~" Hov ~0 O! 07:57a ~ ~C0RDKD MAI~, T0s Aames Funding Corporation 350 South Grand Avenue ~s ~gel~s, ~ 900~1 Attn= collateral Control Pa~] Numbly: 09-1~-0997-007 [Space Abovc This Line For R~ording MORTGAGE THIS MORTGAGE ("Security Insu'ament") is given on March 29, 2001 . T~e mortgagor is Daniel S. Liddick, Jr ('Borrower"). q'h~ Secur[~ [P. st~Umel]t is given to Aames Funding Corpora= ion, DBA Aames }{omc Loan which is organized and exisdng under the laws of the State of California , and whose addressLs 350 South Grand Avenue, 12nd Floor Los Angeles, CA 90071 CLcndcr"), Borrower owes Lender ~ principal sum of Seventy One Thousand Two Hundred and No/100 Dolla~s (U.S. $ 7~,200.00 ). This debt is evidenced by Borrower's note dated eNO same date as this Security Instrument ("Note'), which provides for monthly payments, with the full debt, if not paid carlicz, 4ua and payable on April 1, :2031 . This Security Instrument secures to Lender: (a) ~e repayment of lhe debt evidenced by the Note, with interest, and alt renewals, extensiom and mod[ficatimu of the Note; (b) the payment of aU other sums, with interest, advlmced nndet paragraph 7 to protect the seclitity of this Security Instrument; and (c) the pcrfo:mance of Borrower's covenants and agreements under this Security Instmmem and ~e Note. For this purpose, Borrower does hereby mortgage, grant and conwy to Lender thc following described property located in CUMBERLAND County, Pe~wzylwnia: As per Exhibit "A" attache~ here=o and made a part hereof which [ms thc address of 75 pine Hill Road, ENOI~A pennsylvania 17025 [Zip Code) CProperty Address'); PENNgYLVANIA · 5~lgla Family - FNM~L~ ~NIFO~M IN~RU~ FO~ 3~ ~ BK 1732PG0132 (S~reeL Clty], TOGBTHER WITH all the hnprowments now or hereafter erected en the property, and all e~me~, appurtenances,/md fi~tures now or hereafter a part of ~ property, All replacements and ad~itions ~hall al~o be coYezelt by ~ Security Imtrungnt, All of the foregoing is referred to in ~ls Security Instlum~t as the "Property," BORROWI~, COVBNANTS ~at Borrower is lawfully selsed of file eslate hereby conv~ed ~ has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of r~ord. Borrower wan'ants and will defend ganesally the title to the ProperF ~,ai~st all claims and demimds, subJecl to my encumbranc~ of record. THIS SEICURITY INSTRUMI~NT combines tmiforni covenants for national use and non-uniform covenants with limited variatio~u by jurisdiction to constitute a uniform security inslrument coveri~ real property. UNIFORM CO¥I~NANTS. Borrower and I.~nler covenant and a~,~¢ as follows: 1. P~yment el Principal and Interest: Prepayment a~d Lal~ Charges, Borrower shall promptly pay when due the principal of and interest on The debt evidenced by the Note and any prepayment and late charges due under the Note. 1, Funds for Taxes and Imurance, Subject to appliuable law or to a written waiver by Lender, Borrower shall pay to Lender on {he day monihly payments are due under Lhe Note, until the Note is paid in full, a aura ("Funds") for: (s) yearly ~,es and assessments which may aliain priority over ~his Securily Instrument as a lien on the Propers; (b) yearly l~sehold payments or g~-ound rents on the Property, if any; (o) yearly hazard or proper~y insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly morl~ge insurance premiums, if any; at~d (0 any su~ts payable by .Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the piymant of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any tLme, collect and .hold l~h~ls in an amount not to exceed the maximum amount a lender for a f~erally related mort§age loan may require for Borrower's escrow account under the federal Real E~.ate Settlement Proc~tu~s Act of 1974 as amended from ilme to time, ),2 U,S.C. Section 2601 et $~q. ("RESPA"), unless anoiher law that applies re the FL,,ui, se~ a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount no~ ~o exceed the lesser amount. I.~dcz may estimate the amount of Funds due on ~e basis of current data and reasonable esrirna~es of expenditures of fu~e Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose ~posi~s are insured by a federal agency, instrumentality, or entity (includia~ Lender, if Leader is such an institution) or in any F~deral Home Loan Bank. l.,~nder shall, apply the Funds to pay the Escrow items. Lender may not charge Borrower for holding and applying thc Fund~, annually analyzing the escrow a~count, or verifyim~ the Escrow Items, unless Lender pays Borrower iiatere~t on the Funds and applicable law permits Lender to make such a charge. However, Lellder may require Borrower to pay a one-tinge char§¢ for an independent real esiate tax reporting service used by Lender in connection with this loan, unless applicable [aw provides otherwiSe, Unless an a~reem~nt is made or applicable law requires interest re be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower a~ L~)ader may a§r~ in writing, however, (hat interest shall be paid on the F'ands. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Fu~xis and the purpose for which each debit to ~ ~ was made. The Fm~ds are pledged as additional s~ourity for all sums secured by this Securit~ Instmmenl. If the Funds held by Lender exceed th~ amounts permitted to be held by applicable [aw. Lender shall accoun~ to Borrower for the exce~ I~mds in accordance with the requkements of applicable law. If ~e amount of the Funds held by Lex)der at any time is not ~ufficient to pay tho Escrow Items when due, Lender may so norif7 Borrower in w~i~ing, and, in such case Borrower shall pay to Lender the amount necessary to make up the d~ficiency. Borrower shall n~tke up the deficiency in no more ~ twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this S~curity ln~trumcut, Lender shall promptly refund to Borrower any Funds beid by Lender. If, under paragraph 21, Lender shall acquire or sell thc Properly, Lender, prior to the acqulsliion or sale of the Property, shall apply any Funds held by Lende[ at the time of acquisition or sale as a credit against the sttm. s secured by Ibis S~urity Inswam~mt. 3. Application of Paymenis, Unless applicable law provides o~'~rwis¢, all payments received by Lender under paragraphs I and 2 shall be applied: lc~st, to any prepayment charges du~ under the Note; seoond, to amounts payable under paragraph third, to interest due; fourth, to principal due; and last, to any late charges due trader the Note. 4, Charges; Li~ns. Borrower shall pay all ~axes, asscssn~nts, char~as, fines and impositions ~liribumble to the P~operty which may aitain priority over this Security Instrument, and leasehold payment~ or ground rents, if any. Borrower shall pay r~se obligatlone in tho mauner provided in paragraph 2, er if not paid in that manner, Borrower shall pay them on thue directly lo the person owed payment. Borrower shall promptly fornlsh to Lender all noltces of amomlts to be paid ~mder this paragraph. If Borrower u~k~s these payments directly, Borrower shall proinl)tly fi4rnish to Lender receipts evidencing th~ payments. Borrower shall promptly di~chirge may lien which has priority over r~ SeCurity Instmrn~nt unless Borrower: (a) a~reoa in writing to the payment of the ubltgation secured by the lien In a manuer acceptable tu I,.~nd~r; (b) coat, ets ia good faith th~ lisa by, or defends against enforcement of tl~ lien in. legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secure~ from the holder of the lien an ag~,4neni satisfactory lo Lender mbordir~tit~ the lien to t~s Securi~ l~su'nmant. If Lender determine~ that any parl of Ibc Property is subject to a lien which may attain prinri~ over this Securitl/ lna~Lu~ent, L~nder may ~iw Borrower a notice identif'yin~ th~ Ilea. Borrower shall satisfy the lien or take one or mor~ of ~ ac(iota set fo,th above within lO days of th~ g~ving of notice. '~ ,...,-~R(PA) la4~o) ~mo~:~ole "- '/37.?G0 33 Mov 30 01 07:58a Franklin Real Esa/e 7172641985 p.S 5. Hazard or Propert~ h~sm-ence. Borrower shall keep the improvements now exis~g or ~rez~r erected on the Property imured a.h~ loss by fire. hazards in¢ll~ded within the ~lrm "extetlded coverage' and any other hazards, indu/i~ floods or flooding, for which Lender requires imutance, ThL~ insurance shall be maintal-qed in the amounts and for the ~tied~ that Lender requires, The in~u~anc~ cartier prey/ding the imute~e slu~J.l be chosen by Borrower subject to Lender's approwd wb/ch ~1 not be unreasonably wtthl~ld, If Borrower falh to mal~ltain coverage described above, L~nder may, at Lender's option, obtain coverage to protect Len/er's rights in the Property in accordance with paragraph ?, All insurance policies and renewalS shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the fitht to hold the policies and renewals, If Lender requires, Borrower shall promptly give to Lender all receipts of paid p~emiuma and renewal notices, in the event of loss, Borrower shall give prompt notice to the insurance cartier and Lender. Lender may make proof of loss if not made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing, io~utance proceed~ shall be applied to restoration or repair of the Property damaged, if the restoration or repair is e~onomiCslly feasible and Lender's security Ls not lessee, ed. If the restoration or repair is not economically fea.'tible or Lender's security would he lessened, the in~uranoe proceeds shall be applied Io the secured by this Security Imtnanent, whether or not then d~e, with any excess paid to Borrower. If Borrower abandor~ the Property, or does not answer within 30 days a notice from Lender that the insuranoe cattier has offered to settle a clahn, then Lender may collect the imutance proceeds. Lender may u~e the proceeds to repair or r~tore the Property or to pay sum~ secured by this Security I~trumen~, wltether or not then due. The 30-day p~riod witi beg/n when the notice is given~ Unless Lender and Borrower otherwise agree in writing, any application of proceec~ to principa~ shall not extend or postpone the due date of the monthly paymente referred to in parag~aph~ l and 2 or change the amount of the payn~ents. If under paragraph 21 the Pwp~rty is acquired by Lender, Borrower's right to ~my i~uran~e policies at~d proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security lnsLrument immediately prior to the acquisition. 6. Occupancy, Preser'~aflon, Maintenance and Protection of the lh-operty; Borrower's Loan Application; Leasehoide. Borrower shall occupy, establL~h, and use the Property as Borrower's principal residence withLn sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's prin¢/pal resided-ce fot at lea~t one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably within;Id, or unless extenuating cil'cun~tanoe~ exist which are beyond Borwwer's control, Borrower shall not destroy, damage or impa/r the Pwperty, allow the Property re deteriorate, or commit waste o~x th~ ~opedy. Borrower shall be in clefault if any fodelture action or proceeding, whether civil or criminal, is begun that in Lender's good faith jndgmenl could result in forfeiture of the Property or otherwise materially impair the lien created by this Security l~tnuneot or Lender's s~urity inreresL Borrower may cure such a default and reinstate, a~ provided /n paragraph 18, by causing the action or proceeding to be diszl~sed with a r~ling that, in Lender's good faith determination, precludes forfeltm-e of the Borrower's interest in the Property or other material impairment of the lien created by this Security In~lrumen~ or Lender's security inter, st. Borrower shall also be hz default if Borrower, during :he loan application process, gave materially false or inaccurate information or statements to Lender (or failed tn provide Lender wRh any material information) in connection with the loan evicl~nced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Pro. try M a principal residence. If thi~ Security Instrument is on a leasehold, Borrower shall comply with all the provisinns of the le~e. If Borrower acquires fee title to the Property, the leasehold and the fee rifle shall' not merge unless Lender agrees to the merger in wring. 7. Protection of Lender's Rights in the Property. if Bo=rower fails ~o per~'orm ~he covenants and agrec~nls contained in thL~ Security lnsLrtunent, or there is a legal proceeding that may significantly affect Lender's rights in the Pwpert~ (such as a prnoeed~ng in bankruptcy, probate, for conden'mation or forfeiture or to enforce laws or regulations), then Lender may do and pay for what.er is necessary to protect the value of the Property and Lender's riih~ in the Property, Lender's a~tinns may hl~lude paying any suw. s secured by a lien which ha~ priority over ~ ,Security lmttmnent, appearing in court, paying reasonable ar, tonteys' fees L~.Cl entering on the Property to n~lce repairs. Although Lender amy take action under this paragraph ?, Lender does not have to do so, Any amounts disbursed by Lender under this p~-agraph 7 shall become additional debt of Borrower secured by this Security Imtnunent. Ul'~ess Borrower and Lender agree ~o o~J~r terms of payment, these amounts shall bear interest from the date of disbursemen~ at the Note rate and shall be payable, with interest, upon no,ice from Lender to Borrower requeSting payment. 8. Murtgnge Insurance. If Lea/er requited mortgage insurance as a condition of making the ~oan secured by ~is Security IRstrument, Borrower shaU pay the premiums requited to mainta/a the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Leader lapses or ceases to be in effect, Borrower shall pay the premiums= requised to obtahl coverage substantially equivaielli to the mortgage imuran~e prevtously in effect, a~ a cos~ substantially erin/valero to the cast to Borrower of the mortgage imuranee previously in efl~t, from an alternate mortgage insurer approved by Lender. If aubet~miaily equivalent moat.ge imutanee coverage is not available, Borwwet shall pay to Lender each month a sum eqnal one-tweL~ of the yearly mortgage imutan~e pr~nlum being paid by Borrower when the insurance coverage lapeed or eease4i to be in effect. Lender will ace.pt, u,e and re~ain these payraen~ es, los, res.ne in lieu of mort.ge imurance~ji~s~/~'.aerve BKi 7 327G01 Hov 30 O1 07:58a FranKlin Real , payments may no longer be required, at ~he option of L~nder, if mortgaSe inmr~nce coverage (~ ~ ~ and ~ ~e ~ ~t ~ ~u~) p~v~ by '~ ~r npprov~ by ~ndor lga~ ~co~[ a~ble ~d ~ obm~ed. B~row~ ~aH pay pre~ ~ ~o ~ ~pge ~xe ~ ~t, or to p~ov~ a Io~ ~e~c, ~111 ~e ~t ~r ~uran~ en~ ~ ~ w~ any worn a~nt ~tw6~ Rorrower ~ ~ O~ app~able ~w 9. l~on. ~d~ or i~ agent ~y ~ reaso~ble ~ies up~ ~ ~p~om ~ ~ ~. ~pAer s~l ~0, ~d~~. ~8 pr~sd~ of ~y ~w~rd or ~1~ ~Or d~, ~t or ;om~8~l, ~ ~o~oflon wi~ lny ~on~c~on ~ ~ ~ng of ~y p~rt of ~ ~p~, or for ~onv~e in ~i~u of co~n, are h~re~y a~si~ s~tl ~ paid m ~dcr. In ~e event o[ a total ta~ of ~ Prope~y, ~e p~ocecds s~il ~ applied ~ ~c su~ secured by ~ Se~i~ lmi~e~, whc~er or not ~en ~, ~i~ any e~eSS p~d to Borrower. In ~c ev~t of a papal ~k~ of ~e P~pe~ ~ w~ ~ ~rket ~alue o~ ~e Prope~ h~cdia~l~ ~ ~c taki~ is ~al to or ~cater ~ ~e a~u~t of ~e su~ sc~ by S~rl~ ~tm~ ~tcly ~[orc ~e ~l, ~css ~r~wcr and ~nde~ o~e~ise a~ ~ w~, ~ su~ se~d by ~is S~uri~ Instrument sha~ be r~uced b~ ~e amount of ~e pr~e~s mult~licd by ~c fottow~ ~ac~n: (a) ~c to~l of ~e m~ s~ ~ncffia~ty before ~ ~, dlvi~d by (b) ~e ~ak ~ket value of ~ ~op~ ~e~alely bcfo~ ~. Any bal~ce sh~ be paid to ~rmwer, In ~ cve~ of a pa~Jal ia~nl of ~e Propc~y in wh~h ~e ~ ~r~t value ~e ~er~ ~ediamly ~m file ta~ ~ ~sa ~ ~ am~t of ~e su~ sec~ed ~ia~ly ~fore ~e ~g, uffi~s BorroWer ~ ~nder ~*~* agr~ ~ wr~ or ~ess applkablc law o~e~e provides. ~c process s~ll ~ appli~ to su~ s~r~ by ~s S~udU ~m~ w~r or ~t ~ s~ ~ ~n d~. If ~e ~o~rty ~ abmt~ by Bo~ower, or if, a~r noti~ ~ ~a~cr [o Borrower ~t ~ coheir often to ~e award or settle a c~ tBr ~s, Bo~ower fails to r~ In ~nder wi~ ~0 days aRer ~c dale ~ ~icc ~ given, is au~orized to collar and appty ~e proceeds, at its option, ci~cr to restomlion or ~pair of ~c ~e~ or to ~e su~ ~ ~s S~uri~ l~t, whe~cr or not ~ due. U~S Lender and B~wcr o~e~ise agr~ ~ writ~, any application of pr~ds to pr~ipat s~ll ~t ~xm~ or · c d~ date of ~e money ~ena refer~d ~ ~ para~p~ 1 and 2 or ;~ng; ~c a~t of such pay~nm. 11. Bo~ower Not Rel~l For~a~ By Lender Not a W~er. Extcmion o[ ~e ~ for pay~nt or m~ifma~n of amor~on of ~e su~ ~ by ~ S~cufi~ ~t~at ~tcd b~ ~r to any ~cessor ~ ~te~st of ~ower s~l ~t operate to rclc~c ~ l~bili~ of ~e orig~l Bo~owcr or Borrower's successors ~ ~mrest, ~er sh~l ~t ~ m~ked to cohere proceedings agB~st ~ successor ~ ~crest or ~c~s~ ~o emeM t~e for ~y~nt or o~mise ~ ~o~tion of ~e sums s~cured by ~B Socurl~ l~m~t by mason of any de.nd mdc by ~e o~! Bo~wer or ~rrower's ,ucc~s~ ~ ~ler~t. Any forbearance by ~ndcr ~ cxcmis~g any right or r~m*dy shall ~t ~ · wai~er of or p~clude ~e e~ic~e of~y r~ht or rely. 11, Succ~sors and ~sigm Bound; Joint and Se*eral Liab~ity; Co~n~. ~e core.nfs ~d agr~n~ of ~is S~url~ Ins~n[ s~l b~ and benofit ~e succes~rs s~ lsli[m o[ )Ir ~ Borrower, subject to ~ prov~iom of p~graph 17. ~owcr's ~ov~B and ag~ments s~ll ~ jolt ~d sev~r~, Any ~ow~ who co-si~ ~ ~tmmcnt but docs not c~ecote ~* Note: (a) is c~s~ ~ts Securl~ l~nt o~y to ~r~gc, ~ant ~ convey ~t Borrower's ~rest ~ ~ ~ ~de~ ~e tern of ~ Se~i~ ~nt; ~) is ~t p~rso~y obii~t~ to pay ~ ac;v~d W ~is S~uri~ ~m~nt; and (c) i~ ~t ~nder a~ ~y o~r Bo~cr my agree ~ cxt~, ~, forbe~ or ~k{ ~ ~comoda~o~ wi~ rela~ ~o, ~ erin of ~s S~ri~ ~t~nt or ~e No~ wight ~t Bomw~r's c~e~. 13. L~n Cha~. ~ ~ 1o~ s~ by ~ S~urlU ~tmmm~ is sub]~i to a law wh~ se~ ~ [o~ c~ges, ~ ~t law ~ f~y ~ so ~t ~e ~te~st or o~r lo~ ~argm colleot~ or to be ~[l~t~ ~ co~gon wi~ ~e lo~ cxc~ ~e pe~tmd tin~a, ~en; (a) a~ such l~n c~ge sh~ll be ~uced by ~ amou~ n~essa~ ~o ~e ~ c~ ~r~d l~t; and ih) ~ su~ alr~dy collated from Borrower w~ch exceed p,~tted 1~ will be ~e~d m Bo~ower, ~r my choose Io mare ~ ~nd by r~uc~g ~e pri~ip~ ow~ un~r ~e Nora or by ~ a d~ct pay~m Bo~o~r. If a re~d ~uces pri~al, ~ reduction will ~ treated as a partial p~payment w~t any p~paym~nt c~ge under ~ Note, 14, Notice. Any ~tice to Borrower ~ovi~d for ~ ~ S~ri~ lm~ni s~ ~ given by deliver~ It or by ~fl~ it by ~st class ~il ~leas appll;~[c law ~quke~ use of a~r ~. ~ not~ s~l ~ d~ted to ~ Pmpcr~ A~ress ox ~ o~ ~ress Borrower d~igmtes by notice m ~er. Any mtice to ~er s~lt ~ gNen ~ fi~t ~l~s ~i[ to ad.ss smmd here~ or ~y o~er a~S ~r d~i~t*s by notice to ~rmwer, ~y n~icc p~id~ ~r ~ ~is Sec~i~ ~tm~nt sh~l ~ deem~ ~ ~ve b~n giv~ to ~rrower or ~er w~n ~v~ ~ prov~ ~ ~s p~gmph. 1~. Oover~ Law; Seve~lllty. ~ Securt~ l~tm~nl s~ll bc g~e~d by f~ law ~d ~c law ink,diction ~ w~ ~e ~ope~ is loca~d, ~ ~e event ~t ~y prov~n or clam~ of ~s S~uri~ ~nt or ~e Note co~l~ wi~ spplic~le law. snch co~ict s~ mt a~c~ niter pmvi~iom of ~ S~ Im~nt or te No~ w~ giwn eff~l wight an ~g~ pmv~ion. To ~ ~d ~ pmvbiom of ~ Sa~ur[~ ~m ~ ~e No~ are d~lamd to be s~erable. p.11 30 O1 08:00a Franklin Real Ei~ate 7172641985 r rrower's Co Borrowe~ shall be ~iven one conformed copy of the Note and of ~ Security Instrument. 16, Bo py. I or an ~r~ of the Property or any ir~re~t in it is ,,,/ 'l~nmfer nf tim Pro~ertv or $ Benelldal Interest in Borrower, [.f al .'Y-P ......... ..*-' ."-~"--2-.==--... _ ,~=.~.'n,..,~t ~.terest in Borrower is sold or tran~rarred ami t~otrower is not a natur~ personJ wu~.ouL SOlO or' ~'an~te1*l'eu ~,u~ u n u~t~*.m~ ~, hl~trument. However, Hits opuon SI~Ltl not Ue exerctseo ny t.~uu=~ ~. ~.~,,.,o,. ,o t, Securi~ Instrumem. If Lender exercises this option, Leafier al-roll give Borrower notice of a~c~leration. Thc notice shall provitte a period of not leas than 30 days from the date the notice is delivered or mailed within which Borrower must pay all ~ns secured by this Instrument. If Borrower fails to pay thes~ sun~ prior to ~ expiraQon of this period, Lender may invoke anl remedi~ permitted by this Securi~ lnstRnno~t wlu'lout further notice or demand on Borrower. Bo tower's RI hr to Reinstate If Borrower m~ets certain conditinm, Borrower shall have thc right to have ~18, r. .... el-g~..~,,, ~ ...... ;~t al,continued at any time prior to the earlier of: (al 5 days (or sucb,.o, th? p?od? enzoFcemen~ 0[ Ulli ~.~L3' ~,~ ...... ' ' a licable law ma s ecif~ for reinstatement) before sale of the Property pursuant to any powe.r, of_sale contam.~ ut ~ s,ect~ .PP ' ---Y -P ............ ,'--~-- il-ds Securi~' Instrument, Those conditions are mat uorrowcr: lal~a~s Leaner att mstrument~ or In) entr~..o.r a j.uugu~,,,, .,..-.-.-,.~_~ ..... ,.-==~,... .... ,~ the Note as if no acceleration had occurred; (bi cures any Sill/ts WhiCh then WOBIG I}e OU~ U~oer Otis ;)ca;nifty umuu~,.~ default of any other covenants or ~greements; (c) pays all expeme~ incurred In enforcing this SecuriW lustlument, including, but not limited to, reaSonable attorneys' fees; and (d) taxes such action as Lender nt~y reeson~bly require to assure that the lien of this Security haStsumca/. Lender'S. righ? ha *e Property and Borrower's obligation to p.ay the sums se.?xed...by ,this Sec~iW. Instrument shall continue tt~ngeo. Upon r¢instalCr~ni by Borrower, ~s Security ~nstram~.t and me oongations aecurea hereby shall remain flflly effective a~ if no acceleration hat] occurred. However, this right to reinstate shaU not apply In lhe cue of acceleration under paragraph 17. 19.8ale o/Note; Chan~e of Loan Servicer. The Not~ or a partial interest in the Note (together with this $~i~ as tAe loan ~ervlcer ) mat COIlt~"~ ......... ; r-; ....... ue nde ' more changes of the Loan Servicer un~lated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 abow and applicable taw. The notice will BlaZe the name and address of the new Loan Servicer and the address to which paymenis should be made. The notice will also contain arty other information required by applicable law, 20. Hazardous SubstanceS. Borrower shall not cause or permit Q~c pre~ence, use, disposal, storage, or release of any Hazardous Substances on or in the Property, Borrower shall not do, nor allow anyone else to do, anything affecting the Property that i.s in violation of any Faviromnental Law. The preceding t~vo sentences shall not apply ~o the presence, use, or storage on the Property ef small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintcnancc of the Property, Borrower shall promptly give Lender writ~n notice of any investigation, claim, demand, lawsuit or other action by any govermnental or regulatory agency or private part,/ involvint the Property and any Hazardous Substance or £nvkonmcntal Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or revelatory authority, that any removal or o~cr remedladon of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly lake gl necessary remedial actions in accordance with Environmental Law. AS =ed In ~ paragraph 20, "Hazardous Substance?," a~ those sub~.,tance.s dei~m.~, as toxic, or h. az,ardons £nvlronmenial Law and the following sub,turves: gasoline, ger.osene, o~er t..ta~??te E n,,ti~i~..S ~ herbicides, volatile solvents, materials coflaming aSoestos or mr .mat.o~.nyoe,.~ .a~u_~,~,, _ . . % ~'~..~"~ra~raph 20, "Envh'onmcniaI Law" m~aas federal laws and lawa of the jurisdiction where tile t'roperty ts lucatea tiler to health, safety or environmenlal protection. NON-UNiFORM COVI~NANTS. Borrower and Lender further covenant and agree as follows: Il. Acceleration; Remedtea, Lender shall give notice to Borrower print to aecelernflon following Borrower's bceneh of nny covenant or agreement In this Security Instrtanent (but not prior to acceleration under plu'ak~'aph 17 unless applicable law provides otherwise). Lender shall notify Borrower of~ among other things: (al the default; (b) the aetna requlced to cure the default; (c) when the default mm't be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums serured by this Security lmtrument, for~imure by jadldnl proc~din~ ~nd sale of ~e Property. Lender shall further Inform Borrower oF the rtght to reinstate after acceleration and ~e right to assert in the foreclosure proceeding the non.existence of a default or any other defense of Borrower to acceleration and fureclmare, If the default is not cured as specified, Lender, at its option~ muy require immediate payment in I~ll of all sums secured by this Security Instrmnent without further demand and may fornelo~e this ,~eurit~ Instrument by Judiclul prnoeedin~. Lender shall be entitled to collect all expanses Incurred in pursuing the remedies provided In this Imragraph 11, indud~n~ but nut limited to, attorneys' fees and cobra of title evidence to the extent permitted by appllcMfle law. il. Release. Upon payment of all sams secured by this $ecurit~ Instlument. this Securi~ blain.uncut and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instnmient without charge to Borrower. Borrower shall pay any r~ordation costs. 23, Waivers. Borrower, to the extent permitted by applicable law, waives and releaSes any error or ~ef~ctl in proceedings to enforce this Scanty Imtmment, and hereby waives the benefit et' an), present or future laws providin~ for stay of execution, ext~nalon of time, exemption from anachment, levy sad sale, and homestead exemption. 1732PG01 Hov 30 O10B:Ola Franklin Real ~sate ?I?26419B5 24, Reinetatement Period. Borrower's time to reiamte provided ia paragraph 18 shall extend to one hour prior to dee commencement of biddin~ at a sherli~s sale or other sale pursuant to this SecufltF Instrtmlent, iS, P~rchmse Money Mort~nse. If any of the debt secured by this Security Imtmment is lent to Borrower to acquit~ title to the Property, tl~ Security InsirmTtent sl~ll be a purchase money mortgage, 26, Interest Rate Afler Judgment, Bon'ower asters that the interest rate payable after a judgment is entered on the Note or tn an action of mot'rivage forectnsure shall bc thc rate payabtc from tiate to time under the Note, 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together wilh this Security lnstrtuncnr, the coYenant~ and agreements of each such rider shall 5e incorporated into and shall amend and supplemefft the covenants and a~reemonts of this Security Irtstntment a~ ii' the rider(s) we~ a part of this Security In~Irdment. [Check applicable box(cs)] ~'] Adjustable Rate Rider F'~ Condominium Rider [] 1-4 Family Rider ~ Graduated Payment Rider [--] Planned Unit Development Rider [~] Biweekly Psymem Rider ['--] Balloon Rider ~ Rate Improvcmem Rider ~ Second Home Rider [] VA Rider {---] Other(s) [specif~] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained ia this Security Instrun~nl and in any rider(s) e~cecut~ by Borrower aM recorded with it. ...... ~ ........... Daniel S. Liddlck, Jr &' -Bor~w~ .(sczl) ($eaO .(Seal) -Borrower -Borrower creme,re er I, ' / ~ ~ ' t'~.L.,---- . do hereby certi.~ that the correct add~eas of the within-named Mortgagee is ~ ~,~ ~r/-~-= ,, q;~.-O/.~n,x' ~, /~l~,~ ¢.,~ ~F/ Wimess my hand ~ ,;L~ day of /~'~-Z z.-- . COMMONWEALTH OF PENNSYLYANII, ~ On ~is, ~ 29th day of March ~rso~lly ap~ar~ County ss: 2 0 01 , before mc, the undcrsi_gr~d officer, Dani e 1 g. Liddlck, Jr known to me (or satisfactorily proven) to be the person whose name is subscribed to thc within instrument and acknowledged that he executed the same for the purposes hei~in contained. My Commisston Expires: ~' ...:..'y f".'.~. ,'~.~ .;~,~: . , ~' f ~-"~ ...... ', ~ ~ My GO~",,-':~" r',~ ,,,, '; ..... · .: ,-..-,,, ..... 8K 1 7 3 2 PI; 0 1 3 7 ..:.: ......%...~...,;..- Form Nov 30 O1 OB:Ola Franklin Real ADJUSTABLE RATE RIDER (LIBOR 6 Month Index (As Published In The Wall Street Journal) - Rate Caps) THIS ADJUSTABLE RATE RIDER is mad~ this 2 9th day of March , 2001 , and is incoqxn'ated into and shall be d~emed to amend and supplement the Mortgage, Deed of Trust or Security Deed (thc "Security In,strumenid) of the same date given by ~e undersigned (the "Borrower") to secure Borrower's Adjus~ab~ Rate Note (the "Note") to Aames pundlng Corporation,DBA Aames Home Loan (the 'Lender") of the same date and covering th~ Property described in the S~¢urity Instrument and located at: 75 Pine Hill Road, ENOLA, PA 17025 [pmpe~7 THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTERE~ RATE AND THE MONTHLY pAYMENT. THE NOTE LIMITS THE AMOUNT ~E BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RA~ THE BORROWER MUST PAY, ADDITIONAL COVENA~S. In addition to ~e cove~u~ ~d agr~mcnts ~dc ~ ~ Secufi~ ~em, Borrower ~d ~uder ~t covet ~d ag~ as foHows: A. I~E~T ~TR A~ MO~Y PA~ENT CHANG~ ~e Not~ provides for an initial ~te~st rate of XX. 750 ~, ~e Nog pwvidcs for c~ng~ ~ ~ ~r~t rate ~ me money ~y~n~, a~ ~Rows: I. I~R~ ~ A~ MO~Y PA~R~ C~NG~ (A) C~ge ~t~ ~e ~tereat ~g I ~1 pay ~y ~ange on ~e 1~ day of Ap<i1 , 2004 , ~d on ~at ~y eve~ 6th mon~ ~creal~r. Each date on wMch my ~tetest rate coul¢ ch~ge is ~[1~ a "C~e Date. ~) The Beg~ wi~ ~e ~t averse of ~terba~ offe~ rates fo~ 6 ~a~ U.8, dollar-de~t~ depogt~ ~ ~e ~n ma~t dOURNAL) -81n~e Pa~ ~ 3 Initials: ~E~RONIC ~8ER FOR~. INC. - (8~)~7~45 BK t 73ZPG0138 Hey 30 O10B:Ola Franklin Real Esate business day of the month immediately preceding the month in which the Change Date occurs ii called ute "Curr~ Index." If the Index ii no longer available, the Not~ Holder will choose a new Index thai is based upon comparable information, The Note Holder will give me noiice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by aiding ~eyen and 289 Thousandths l~en~age point(s) ( '~ .289 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest ooe-~ighth of or~ percentage poin~ (0.125%). Subj~:t to the limits s~ated in S~tiotx 4(D) below, this rounded amount will be my new interest rate until dxe p. ext Change Date. The Note Holder will then determine the amount of the monthly payn,,'nt that would be sufficient to repay the unpaid principal thai I am ezpecicd ~ owe at the Change Date in full on rite Maturity Date at my new interest rate in substantially equal payment..The result of this calculation will be the new amount of my monthly payment, iD) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 1.4. 750 % or less than 1.1.750 %. Thereafter. my interest rate wilt never be increased or decreased on any single Clmngc Date by more ~an percantage point(s) ( 1.000 %) from the ra~e of in,ere, st I have been paying for the preceding 5 month~. My interest rate will never be ~reatcr than ~.r7. ~50 % or less than 1.1. 750 %. (E) Effective Date o! Changes My new illtereS! rate will become effective on each Change Date. I will pay the amoua of my new monthly payment beginning on ~he first monthly payment date afler the Change Dale until the an~ount of my monthly payment chaoses again. (F) Nofic~ of Changes The Note Holder wi{l deliver or mail to me a notice of any change~ in my interest rate and the srnoun~ of my monthly payn~nt before the effective date of any cl~nge. Tbe notice will include infurmation required by law to be given l~e and also u~ telephonz number of a person who will answer any question I may have regarding the notice. B, TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Unlfornm Covenallt 1'7 of the Security h'ls~'mffi~nt is amended to read as follows: Transfer el the Propsrty or a Beneficial Interest in Borrow?.Jf all or an.y ~.rt of the l~operly or any interest in it ii sold or transferred (or if a beneficial interest m ~orrower is sma or U'ar~ferred and Borrower is not a natural person) without Lender's prior wrilten COnS¢IIt, Lender may, at its option, require immediate payu'~nt in full of all sums secured by uhis Security Imu'umcat. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the daie of this Securily lnsu'ument. Lender also shall riot exercise ~ option if: ia) Borrower causes to be submitted to Lender :'" DOC #~051'72 ~lapb #IO008376??B Nov 30 Ol 08:02a Franklin ~ea? ~sate -/l*/c~.~uu= P-~a information required by Lender to evaluate the intended transferee as if a new loan were being made w thc t~am£ert~; and Co) Lender r~asonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security lnsu'ument is acceptable to Lender. To the extent permitted by applicable law, Len~r may charl¢a reasonable fee as a condition to L~nder's consent W the loan assumption. Lender also may require the transferee to sign an asstunption agre~anent that is ~ccepmble to Lender and that obligates the tramfer~ to keep all the promises and agreemenls made in the Note and in this Security Inset. Borrower will ~untinue to be obligated under the Note and this Secuitty Imtmmont unless Lender releases gorro~er ~n writing II Leoder exercises the option to require immediate payment Ln full, Lender shall give Borrower notice of accelemtiun. ~ notice shall provide a period of not less than 30 d~y~ from the dar* the notice is delive~xl or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permktcd by this Security Insu'ument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to thc tern~ and covenants contained in this Adjustable Rate Rider. Daniel S. Liddick, Jr -Borrower (Semi) -Borrower · (Seal) .Bon'ow~r _(Seal) -Borrower (Seal) -Bon'o,,~'r (S~I) _ (Seal) -Bon~w~r .A$838U (9705) Page 3 of 3 DOC #:505173 AppT, # ~oooe3';6776 17 3Z? O I I Certify this to be recorded In Cumberland County PA Recorder of'Deeds EXHIBIT "~" ') 16:17 FroJn-HO~E L.OAN FORECLOSURE DEPT 972 606 1291 · T'492 P.02/06 F-4O? O.m_OR 6 Month I~ ~AS l~t~*d In T~ Wall S~'ut Joumd] - ~ C~t4 THIS NOTR CONTAINS PROVISION8 ALLOWING FOR OHANG~8 IN, MY iNTffBI~b'T BATE AND MY MONTNLY 'PAYM~qT, THE NOTE LJIdlT~ TNE AMOUNT MY ~E~'T NATE GAN GRANGE AT ANY ONE TIME AND THE MAXIMUM FLATB I MUST PAY, / BORROVYE:R*S PROIvrt..SE TO PAY I. ~n rea~n fo~ ~ karo dm~ [ hav~ ns:~tvod, I promb~ to ta,,y U.-q.$ ";$"T/ZoO .no I t'B) A_~_,mnt ~M~, lnJthi Mm~ Tn~q, ments '71et'/0%'7 J~lc~ ar IIt~ Jll~JJld ~dhl~ ~lk'~IXtl~lt8 V/~J ~ JR Ib~ NI~ OJ' '[J'.$. $ . 4, 1~ RATI~ ~q. lqD MON'~Y PAYId~ CH.A~O~ Thehtm~elwlltp~mayc~ondm ~.sc d~yufAt~tl , 200¢ Plg4NSYi.¥AN[A AD, AJ~I'ABf r RATE i4OT~ -',.I~OR 6 MONTH ~ (AO PUB~ IN ~ WN.L ~ dOURNAI4 l~l~A'f,so3573. J~p& f,ooo13?s778 I ---'' '' Fmb-lg-OZ IS:IS Fzom-liOk~OAN FORECLOSURE ~PT S?Z 60S 1291 T-462 P,04/08 F-407 No~ Nol~' ~vtll hq~n~ no~to, of dds Feb,J9-02 16:i7 Fr.om-HOk~ J. OAN FO~CLOSURE DEPT 072 808 1291 · T-49Z P.OS/06 F-40T OD) Fie Waiver By No~e Rold,~ the Note Holde~ wiU adU hawc d~ m do ~ ill nmb1 ~1~ at a h~tcr 11m~. tl, tlNI~ORM SltC~___~_. Holder under ~_. Note, ~1d4 Feb-JO-02 15:18 From-HOkE.LOAN FORECLOSURE DEPT 0?2 GO8 1201 T-492 P.05/66 F-40T HAND(S} ANI~ SEA~S) O1~ Tim UNI)nasloi~t..~. (;Seal) F~-~g-OZ~-~lg'-Ig From-140~ LOAN FORECLOSURE DEPT g?Z BOB 1Zgl T-4gz P.O$/OE F-4B? PENNSYLVANIA. PRBPAYMENT R....~IDER TO NOTE Rider, all of the a~ms Ired provbio~ o~ ~e Nora _~k~! r_,~...~ ~t ~ EXHIBIT "~" JOSEPH A, GOLDBECK, JR, GARY E. MCCAFFERTY* MICHAEL T. MCKEEVER* RENEE M. POZZUOLI-BUECKER* KRJSTINA G. MURTHA* LESLIE E. PUIDA* LISA A. D'ANGELI* ' GOLDBECK MCCAFFERTY & MCKE~VER ' A PROFESSIONAL CORPORATION ATTORNEY'S AT LAW SENTRY OFFICE PLAZA SUITE 420 SUITE 500 216 HADDON AVENUE THE BOURSE BUILDING WESTMONT, NJ 08108 111 S. INDEPENDENCE MALL EAST (856) 858-3242 PHILADELPHIA, PENNSYLVANIA 19106 FAX (856) 858-2997 (215) 627-1322 FAX(215) 627-7734 . -.. WWW.GOLDBECKLAW.CO~-~-~,~ /l"'-li *PA & NJ BAR February 20, 2002 VIA FACSIMILE (717) 255-8050 AND REGULAR MAIL; pages Bradford Dorrance, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 RE: Bankers Trust Co. of California, N.A.v. Liddick CCP, Cumberland County, No. 01-7024 Dear Mr. Dorrance: This letter is sent in response to your request for verification of your client's debt contained in paragraph 11 of the New Matter filed to Plaintiff's Complaint in the above referenced matter. Attached for your reference, please find a payoff figure for your client's loan good through March 15, 2002 as well as copies of the Mortgage and Note signed by your client at the inception of the loan. I trust that this information is sufficient to verify the debt owed by your client. If you need any additional information, please do not hesitate to contact me. LAD/dmp Enclosure Cc: GOLDBECK, McCAFFERTY & McKEEVER Li'~ A. ~"Angl/li,'Fo~tuire Countrywide Home Loans, Inc., Attn: Waren Tucker, Acct. No. 3111048 GOLDBECK McCAFFERTY & McKEEVER BOURSE BUILDING, SUITE 500 111 SOUTH INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 215-627-1322 215-627-7734 (FAX) February 20, 2002 To~ DANIEL S. LIDDICK JR. 75 Pine Hill Road Enola, PA 17025 .Fax to: / #OF PAGES (INCLUDING THIS PAGE): TWO (2) RE: Mortgage Company: COUNTRYWIDE HOME LOANS INC. Loan No: 3111048 Name: DANIEL S. LIDDICK JR. and DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 , PAYOFF AMOUNT 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. In connection with the above-captioned matter, the amount required to PAYOFF the outstanding loan balance including foreclosure costs and counsel fees is $79,317.21 effective through March 15~ 2002. Funds for the payoff of the referenced mortgage loan must sent to the office of GOLDBECK McCAFFERTY & McKEEVER at the above address and must be made payable to "GOLDBECK McCAFFERTY & McKEEVER, P.C." Payment must be in the form of cashier's check, certified check, attorney trust account check, or money order. No cash or personal checks will be accepted. Funds must be received THREE (3) DAYS PRIOR to the above date to allow processing and mailing to our client: FORECLOSURE WILL CONTINUE UNTIL FULL PAYMENT IS RECEIVED. THIS LETTER DOES NOT GRANT ANY EXTENSION OR GRACE PERIOD. It is possible that additional expenditures may be incurred by either the mortgage company or this firm in the interim period between the time these figures are generated and the time pay-off monies are tendered. In this event, only the FULL pay-off monies will be accepted to satisfy this mortgage obligation. Acceptance of the funds is contingent upon a complete review by our client. Principal Balance due $71,134.77 Interest $5,892.83 Accumulated Late Charge Balance $215.61 Recording Fee $14.00 Other fees $310.00 Credit $0.00 Foreclosure costs and counsel fees $1,750.00 TOTAL AMOUNT DUE MORTGAGE COMPANY $79~317.21 02/20/2002 16:44 FAX 215 627 7734 GOLDBECK ~001 ,$, TX REPORT ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 3615 02/20 16:38 06'19 17 OK 17172558050 $OSEPH A. GOLDB£CK, JR. GARY I~. ML'CAFFER?Y* M~O-IAF=L T. MCKELwEI'i.* RENF.,E M, POZZUOLi-BOEC<~R* KRIS'Ill, IA G. MURTHA* [.,~..SLI E I~. PUiDA'~ LISA A, D'ANOELI* GOLDBECK MCCAFFERTY & MCKEEVER A PROI:~iORAL A'f'rOl0~Y'$ AT LAX~ sr~'r~Y Om~ Pz. AzA Surf,' 420 216 HAOOON Ava, a~ WESTMO~, I'O 01t108 ($'~6) SSb3242 FAx (S56) 8ss-2997 pHiLADELI~RIA OFFICI~ Fcbmary 20, 2002 VIA YACSIM]I~E (717) 255-8050 AND REGULAR MAIL; pages 17 Bradtbrd Dox-x-o_nce, Esquire 210 Walnut Street P.O. Box l 1963 Harrisburg, PA, 17108-1963 RE: Bankers Trust Co. of California, Nak. v. Liddiek CCP, Cumberland County, No. 01-7024 Dear Mr. Dorrance: This letter is sent in response to your request for verification of your client's debt contained in paragraph 11 of the New Matter filed to Plaintiff's Complait~t in the above re£erenccd matter. Attached for your reference, please find a payoff figure for your client's loan good through March 15, 2002 as well as copies of the Mortgage and Note signed by your client at the inception of the loan. I trust that this info,,ration is sufficient to verify thc debt owed by your client. If you need any additional information, please do not hesitate to contact mc. GOLDBECK, McCAFFERTY & McKEEVER GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. D'ANGELI, ESQUIRE Attorney 1.D. #78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 01-7024 CIVIL TERM DANIEL S. L1DDICK JR. and DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Mortgagor(s) and I)ANIEL S. LII)I)ICK JR. TRUSTEE OF THE LII))I)ICK FAMILY TRUST DATED 11/17/99 Record Owner(s) 75 Pine Hill Road Enola, PA 17025 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT I hereby certify that a true and correct copy of Plaintiff's Motion for Summary Judgment was sent by first class mail, postage pre-paid, upon the following on the date listed below: Bradford Dorrance, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Date: GOLDBECK, McCAFFERTY & McKEEVER PRAECIPE FOR LISTING CASE FOR ARGUMENT (MUst be typewritten and s,,~-t---/tted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pl-~e ] i-~t th~ within matter for the next Arc3u~ent Court. CAPTION OF CASE (entir~ caption must be stated in ( pi al ntiff ) S, L,dd,ek-_ ( Deferment ) 19 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to c~,%,lalnt, etc.): 2. Identify counsel who wJ l l arc3ue case: (a) for plaintiff: ~,/~ /~, ~/~// C~ 1~t'~ rr,'£ bc~ r4~, po.. I-/1 - ~3 3. I w~]] notify ~]~ parties in writing wi%~{in t~ days that thi-~ case h~s ~'c_n ] i-~ted for ~t. 4. Ar~3u~_nt Court Date: GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Lisa A. D'Angeli, Esquire Attorney I.D. #: 78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF Bankers Trust Co. of California NA c/o Countrywide Home Loans, Inc. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Vs. Daniel S. Liddick, Jr. and Daniel S. Liddick, Jr. Trustee of the Liddick Family Trust Dated 11/17/99 Mortgagors and Record Owners 75 Pine Hill Road Enola, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-7024 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe for Listing Case For Argument was sent by first class mail, postage pre-paid, upon the following on the date listed below: Bradford Dorrance, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Date: GOLDBECK, McCAFFERTY & McKEEVER Lisa A. D'Ang~l~, Esquire Attorney for Plaintiff MARTIN H. MILLER, Plaintiff V. CAROLEE MILLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-7124 CIVIL ACTION - LAW : IN CUSTODY ORDER O~ COURT4 AND NOW, this ~,.t~ day of ~ ,2002, upon consideration of thc attached Custody conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court of the Honorable Edgar B. Bayley, dated April 15, 2002 is hereby vacated and replaced with the following. 2. The Father, Martin H. Miller, and the Mother, Carolee Miller, shall have shared legal custody of April Star Miller, date of birth, March 14, 1986, Shauna Lee Miller, date of birth October 12, 1988 and Adam Jay Miller, date of birth, August 11, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding their health, education and religion. 3. Father shall have primary physical custody of the Children. 4. Mother shall have the option to initiate counseling to include the Children and Father and Mother and Father shall share equally in the cost, after insurance if applicable, thereof. 5. Mother shall have periods of partial physical custody at times agreed to by the Children and Mother. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the pr.o.vi~s Order by mutual consent. In the absence of mutual consent, the terms control. Edgar B. l~a~~ j. cc: Thomas J. Williams, Esquire - Counsel for Father Jane Adams, Esquire - Counsel for Mother x.~ ~ % ,2 q. o ~ MARTIN H. MILLER, Plaintiff V. CAROLEE MILLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2001-7124 CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODY CONCII,IATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF April Star Miller Shauna Lee Miller Adam Jay Miller March 14 1986 Father October 12, 1988 Father August 11, 1990 Father 2. A Conciliation Conference was held in this matter on June 26, 2002 and July 25, 2002. Father, Martin H. Miller, was present with counsel, Thomas J. Williams, Esquire, and Mother, Carolee Miller, was present with counsel, Jane Adams, Esquire. 3. Prior Orders of Court were entered by the Honorable Edgar B. Bayley, dated February 12, 2002 and April 15, 2002, which provided for shared legal custody, Father having primary physical custody and Mother having periods of partial custody. 4. The parties agreed to an Order in the form attached. Date b~cqffe'line M. Vemey, Esquire Custody Conciliator BANKERS TRUST CO. OF : IN THE COURT OF COMMON PLEAS OF CALIFORNIA NA C/O COUNTRYWIDE: CUMBERLAND COUNTY, PENNSYLVANIA HOME LOANS, INC., PLAINTIFF DANIEL S. LIDDICK, JR. AND DANIEL S. LIDDICK, JR., TRUSTEE OF THE LIDDICK FAMILY TRUST, DEFENDANTS · 01-7024 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND HESS~J. AND NOW, this__ ORDER OF COURT day of August, 2002, IT IS ORDERED: (1) The motion of plaintiff for summary judgment against defendants, IS GRANTED. (2) Judgment is entered in the amount of $80,012.62 plus interest at the rate set forth in the note and other charges in accordance with the terms of the mortgage and note. /'Lisa A. D'Angeli, Esquire For Plaintiff Bradford Dorrance, Esquire For Daniel S. Liddick, Jr. :saa In the Court of Common Pleas of Cumberland County BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 Plaintiff VS. DANIEL S. LIDDICK JR. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 (Mortgagor(s) and Record Owner(s)) 75 Pine Hill Road Enola. PA 17025 Defendant(s) No. 01-7024 CIVIL TERM pRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against DANIEL S. LIDDICK JR. and DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 in accordance With the Court Order dated August 28, 2002. Stlmnlary Judgment Order Additional Interest through 09/03/2002 Additional Late Charges $80,012.62 $ 5,630.94 $ 646.83 $86,290.39 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the defaul fill , . t oc~ ur~d and ~ or to the date of the ng of this ptaec~pe. A copy of the notice is attached. R.C.P. 237.1 Joseph A. Gc~db~}~k,~- Attorney for ~ntiff ~)~_ I.D. #16132 AND NOW i~ I (') _, _ oq,(')O 2~. , Judgment is entered in favor of BANKERS TRUST CO.~OF CIALiFORNiA31A C/O COUNTRYWIDE IqDME LOANS INC. and against DANIEL S. LIDDICK .IR. and DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 in accordance with the Court Order dated August 28, 2002. 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 tbr Plaintiff BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE ltOME LOANS INC. 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 VS. Plaintiff DANIEL S. LIDDICK .IR. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDD1CK FAMILY TRUST DATED 11/17/99 (Mortgagor(s) and Record owner(s)) 75 Pine Hill Road Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 01-7024 CIVIL TERM ORDER FOR JUDGMENT Please enter Judgment in ihvor of BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC., and against DANIEL S. LIDDICK JR. and DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 in accordance with the Court Order dated August 28, 2002, m the sum of $86,290.39. Summary Judgment Order Additional Interest through 09/03/2002 Additional Late Charges $80,012.62 $ 5,630.94 $ 646.83 $86,290.39 I hereby certi!~ that the above names are correct and that the nrecis ' - creditor is BANKERS TRUST CO. OF CALIFORNIA NA C/O Colt ~]~q'~;evxr~en~c~e~a,d,d~ress of the judgment ............. ~'~ nu~vm LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 and that the name(s) and last known address(es) of the Defendant(s) is/are DANIEL S. LIDDICK JR., c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 and DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 1 l/17/99, c/o Bradfbrd Dorrance-ESQ 210 Walnut Street, PO Box 11963 Hamsburg, PA 17108-1963; GOLDBEC~ M~F¢~'Y & McKEEVER ABS; Jrn°;;PfohrAp-,~ .(~r. ~e}~l~, Jr. ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Summary Judgment Order Additional Interest through 09/03/2002 Addilional Late Charges $80,012.62 $ 5,630.94 $ 646.83 $86,290.39 ~VER ~ Y'. Joseph A. Gold~ec~, J~/[ - ' Attorney for mlaintif~J [J ANDNOW. this /(-,)~/-~dayof ~)~2J} , 2002 damages are assessed as above. 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, DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99, is about unknown years of age, that Defendant,s last known residence is c/o Bradford Dorrance-ESQ210 Walnut Street, PO Box 11963, Harrisburg, PA 17108-1963, 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: 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 subject to penalties of 18 Pa. statements therein are made C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, DANIEL S. LIDDICK JR., is about unknown years of age, that Defendant, s last known residence is c/o Bradford Dorrance-ESQ210 Walnut Street, PO Box 11963, Harrisburg, PA 17108-1963, 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 Date: of 1940 and its Amendments. 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. TO: DANIEL S. LIDDICK JR. 75 Pine ltill Road Enola, PA 17025 DATE OF THIS NOTICE: January 11, 2002 BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS 1NC. 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 Plaintiff VS. DANIEL S. LIDDICK JR. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 (Mortgagor(s) and Record Owner(s)) 75 Pine Hill Road Enola, PA 17025 Defendant(s) TO: DANIEL S. LIDDICK JR. 75 Pine Hill Road Eno[a, PA 17025 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 01-7024 CIVIL TERM 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: ('l 'MI~ER] AND COUNTy BAR ASSOCIATION [ EUAL SERVICES INC 717243 ~1400 GOLDBECK M¢CAFFERTy & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. A~omey for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. 7105 Cmporate Drive PTX B-35 Piano, TX 75024-3632 DANIEL S. LIDD1CK JR. Plaintiff VS. No. 01-7024 CIVIL TERM DANIEL S. L1DDiCK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 (Mortgagors and Record Owner(s)) 75 Pine Hill Road Enola, PA 17025 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotmy By: If you havc any questions concerning the above, please contact: Deputy Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BANKERS TRUST CO. Of · IN THE COURT OF COMMON PLEAS OF CALIFORNIA NA C/O COUNTRYVVlDE: CUMBERLAND COUNTY, PENNSYLVANIA HOME LOANS, INC., PLAINTIFF DANIEL S. LIDDICK, JR. AND DANIEL S. LIDDICK, JR., TRUSTEE OF THE LIDDICK FAMILY TRUST, DEFENDANTS : 01-7024 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND HESS, J ORDER OFCOURT AND NOW, this~ dayofAugust, 2002,1TIS ORDERED: (1) The motionofplaintiff~rsumma~judgmentagainstde~ndants, lS GRANTED. (2) Judgment is entered in the amount of $80,012.62 plus interest at the rate set forth in the note and other charges in accordance with the terms of the mortgage and note. Lisa A. D'Angeli, Esquire For Plaintiff By the Edga r"'~.~B~yley, ,~ Bradford Dorrance, Esquire For Daniel S. Liddick, Jr. :saa PRAEC1PE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck..Jl. Attorney I.D.# 16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 A~omey for Plaintiff BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. 7105 Cmporate Drive PTX B-35 Piano, TX 75024-3632 VS. Plaintiff DANIEL S. LIDDICK IR. DANIEL S. LIDDiCK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Mortgagor(s) and Record Owner(s) 75 Pine Hill Road Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 01-7024 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution m the above matter: Summary Judgment Order $80,012.62 Additional Interest through 09/03/2002 $ 5,630.94 Additional Late Charges $ 646.83 (Costs to be added) $86,290.39 GOLDBECK Mc McKEEVER BY: Joseph A. Goldb~/ck, Attorney for Plaintk[ff Goldbeck McCafferty & McKeever By~;?oseph A. Goldbcck, Jr. Attorney I.D. #16132 Suite 500 The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE NOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. DANIEL S. LIDDICK JR. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRU ST DATED 11/17/99 (Mortgagor(s) and Record Owner(s)) 75 Pine Hill Road Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 01-7024 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS 1NC., Plaintiff in the above action, by its a'ttorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution ~vas tiled the following information concerning the real property located at: 75 Pine Hill Road Enola, PA 17025 1.Name and address of O~vner(s) or Reputed Owner(s): DANIEL S. LIDDICK .IR. c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 2. Name and address of Defendant(s) in the judgment: DANIEL S. LIDDICK JR. c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 DANIEL S. LiDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 3. ,me aod last knoxv~ 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 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 plaintiffhas 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 may be affected by the sale. who has any interest in the property which (attach separate sheet if more space is needed) 1 verify that the statements made in th~s affidavit are true and correct to the best of my personal knowledge or information and belief 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn Ihlsification to authorities. DATED: ~er 3~ 200~22 Attorney for Plaintiff--" ~" ~u. 01-7024 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey 1. D.Ct 16132 Suite 500 - The Bourse Bldg. 111 S. Indepeodence Mall East Philadelphia, PA 19106 215~627-1322 A(Xomey for Plaintiff BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 Plaintiff VS. DANIEL S. LIDDICK JR. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Mortgagor(s) and Record Owner(s) 75 Pine Hill Road Enola, PA 17025 Defendant(sl IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE rerlTl No. 01-7024 CIVIL TERM ]'HIS 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. TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTV I IDDlC'K, JR, DANIELS. DANIEL S. LIDDICK JR. c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 }la]'risburg, PA 17108-1963 Your house at 75 Pine Hill Road, Enola, PA 17025 is scheduled to be sold at Sheriff's Sale on Wednesday. December 04, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $86,290.39 obtained by BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 'Fo prevent this Sherif?s Sale you must take immediate action: 01-7024 CIVIL TERM 1. The sale will be cancelled if you pay to BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS 1NC., the back payments, late charges, costs and reasonable attorney's fees due. 1'o 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 RIGHTE EVEN IF THE SHERIFF*S SALE DOES NOT TAKE PLACE. 1. Il' 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 Sheriffof 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. I f 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 Sheriffthirty (30) days from the date of the Sherift'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 WllERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 01-7024 CIVIL TERM 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 BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS 1NC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. DANIEL S. LiDDICK JR. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/I7/99 Mortgagor(s) and Record Owner(s) 75 Pine Hill Road Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-7024 CIVIL TERM 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: I.I1)I)ICK TRUSTEE OF THE LIDDICK FAMILY TRUST DATED I 1/17/99, JR., DANIEL S. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED tl/17/99 c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 Your house at 75 Pine Hill Road, Enola, PA 17025 is scheduled to be sold at Sheriff's Sale on Wednesday, December 04, 2002, at I0:00 AM, in Cotmmssioners Hearing Rm 2nd FL Courthouse to enforce the court.judgment of $86,290.39 obtained by BANKERS TRUST CO. OF CALIFORNIA NA C/O COtFNTRYWIDE HOME LOANS 1NC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 01-7024 CIVIL TERaM 1. The sale will be cancelled if you pay to BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS/NC., 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 IHE 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 anrount due from the Buyer is not paid to the Sheriff, you will remain the owner of the properly 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 SherifPs Sale. This schedule will state who ~vill 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 'FAKE 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 WItERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 ALL THAT CERTAIN lrao[ o¢ land situa(e in the Townshi of mare particularly bounded and descri as [r~ttn,,~- registered professional enoin.~ ~. ??~ % ...... __~ ...... m namseUrg, Pennsylvania, made March 21,'j ~~ -z -~zmong ~. ~owa]skt, BEGINNING at a po~n~ in lhe cen~er o¢ Pi~e Hill ~ea4 at corner o¢ lands now or for~e[ y of RaJph Kiner; Ihenoe along said lands of Kiner Soulh 88 degrees.41 minutes ~9 seconds West, 655.49 ~eet to a slake in line o~lands now or [ormedy of OharJe8 LendeG thence alone said lasd~ or L~nder Soulh 3 degree~ 15 minutes 40 seconds West 216.g2 fee to a cher~ tree; ~ence along flame ~e lp hne or lands now or foFmedy of Ha~ev G Will' 'k~/~,~r~ ~6 mmute~. East 539.85 teat to a o ar mmutes39secondsE t ~?no¢~_~___,'. '.., , .u~n~omu~alqlandofWi~So ~h82d~nr~aP as ...... - ,~, ,u..,a~e, u~ence by Ihe Same Soulh 82 d~ree~O~inuG ~;;t713~;27 feet to a porn{ in tine of lands now or former y of Paul Lid i · minulesWest~141.93fee I ' . . . .dck, henceaJon saidland . , .o an iron p~pe thence a on same Nor 9 ~orlh 13 de~rees 19 ~.(e¢.l~.~ ,ton pipe ~n line of land now formerly ~rn ~ , ,th ¢3 degrees 17 minutes Eas. a dis[ ,~.muuy oruo~lc~, St. Nodh 82 de ..... :o ~r_:,h':';"Y4%'~'?ddmk, Sr.' me,ce alert Sgld ance of thence along Ihe conic lin ~,.;~,T%~'~',~¢s[/u.~] mol lo a porn d Be center o( thla~?~~ or . r e of.,.~ ~ .u ~u~u ~qurm a oegrees 23 ~ nule~ ~¢~-~ ~ ~ * .... e . Hill Road, conlinulng along aa d can er line Nor h 16 degrees .3 .... -~, ~ u/.~u lee[ to a petal; [he~ce cont¢n~ng along said cea/er n¢ of Pine Hill ReaA ~.~l~t~ 8 seconds ~est 132 20 fee lo a point' lhe a ~om~; {hence co~t ~u n~ aloha s~ia ¢~ ...... ~,"~2"J ~/uogrees 28 mnu es 23 second , nco ..... - el to a Parcel ~ 09d 3-099L007 IMPROVEMENTS consist of a residential dwelling. BEING?REMISES: 75 pine Hill Road Enola, PA 17025 SOLD as the property of DANIEL S. L1DD1CK JR. and DANIEL S. LIDD1CK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 TAX P^RCE i 3 --q q 7 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-7024 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKERS TRUST CO. OF CALIFORNIA, N.A., C/0 COUNTRYWIDE HOME LOANS, INC., Plaintiff(s) From DANIEL S. LIDDICI~ JR., DANIEL S. LIDDICK, JR., TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99, 75 PINE HILL ROAD, ENOLA, PA 17025 (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) nnt levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $80,012.62 Interest FROM 9/3/02 - $5,630.94 Atty's Comm % Arty Paid $109.10 Plaintiff Paid Date: SEPTEMBER 10, 2002 (Seal) CURTIS R. LONG Prothon~y Deputy L.L. $.50 Due Prnthy $1.00 Other Costs REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 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 BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. DANIEL S. LIDDICK JR. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Mortgagor(s) and Record Owner(s) 75 Pine Hill Road Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County C1VIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 01-7024 CIVIL TERM CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 fc~ Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: () () () () () Personal Service by the Sheriffs Office/competent adult (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). Certified mail by Sheriffs Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). Ordinary mail by Sheriffs Office to Attomey for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy ofretttrn attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, B~. JOsepht~. Goldbeck, Jr. ~ ~omey for Plaintiff O000~ 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 BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 IN THE COURT OF COMMON PLEAS Plaintiff VS. of Cumberland County CIVIL ACTION - LAW DANIEL S. LIDDICK JR. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11 / 17/99 Mortgagor(s) and Record Owner(s) 75 Pine Hill Road Enola, PA 17025 Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 01-7024 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 BANKERS TRUST CO. OF CALIFORNIA NA 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: 75 Pine Hill Road Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): DANIEL S. LIDDICK JR. c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 2. Name and address of Defendant(s) in the judgment: DANIEL S. LIDDICK JR. c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 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 plaintiffhas 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 beliefi I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: November 15, 2002 /~ JmOeS;l~ohr~.la~ilvtlidf~eck, Jr., Esq. Bankers Trust Co. of California In The Court of Common Pleas of NA c/o Countrywide Home Loans Cumberland County, Pennsylvania Inc. Writ No. 2001-7024 Civil Term VS Daniel S. Liddick Jr. and Daniel S. Liddick, Jr. as Trustee of the Liddick Family Trust R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Joseph Goldbeck. Sheriff s Costs: Docketing 30.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 20.01 Levy 15.00 Advertising 15.00 Posting Handbills 15.00 Share of Bills 25.20 Poundage 16.50 Law Journal 390.95 Patriot News 280.15 Certified Mail 2.07 $ 841.38 paid by attorney 12/11/02 Sworn and subscribed to before me This a '/E'~day of~ 2002, A.D. ~ ~ yl4.o~.,~, ~ Prothonotary R. Thomas Kline, Sheriff Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth ' of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of ~ and The ~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of October and the 5th day(s) of November 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of pubJication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S A L E #33 REAL ESTATE SALE NO. ~3 Writ No. ~001,70~4 Civil 'rerm Banl~lh~t Co. of Callfomla NA Daniel S. LkMlek,'Jr. and Denim 8. Uddk:k, Jr. and Truetee of the Llddlck F.m!ly Trust ,dated AU~TI-L~ O~i~AIN uzc~ of l~d situ~ in th~ ~wnship of I~t p~ularly bounded and d~ril~d ~ profc~io~ ~smccr, of H~'~b~ B~ at.a ~in~ in ~he c~ of Pipe Hill Road'at comer of lands now ~r fom~'~y o~ R~dph Yd~, t~-nce Mong ~d ]a~ds o~ Kincr 3ouCh 88 dcgn~s 41 m~nutcs 19 seconds West, 655.49 feet to a stake in line of lands now of formerly of Charles Lender, h'm~ce along astd~tands of Lender Soutt~ 3 de~ee~ 1-5 minutes 40 seeoMs We~t 216.92 fe~t to a 'chen-y tree: ~'nce along san~ South 45 degrees 5.6 minutes East, 539.85 feet to a poplar tree in line of lands now or fonaedy of Hn~ey G. W'dt; thence along said land of Wilt Se~th 82 Member, Pennsy;vaniaAssociationOfNotaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COIJR'FHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 278.40 $ 1.75 $ 280.15 Publisher's Receipt for Advertising Cost , publisher of The Patriot-News and The Sunday Patriot-News newspapers of general e receipt of the aforesaid notice and publication costs and certifies that the same have 13 degrees lo minutes West 14-I.93 I~et to r~n iron pipe; thence along same North 83 degrees 17 minutes East, a distance of 103.45 feet to an iron pipe in the line of land now or formerly of D. S. Lidthck. Sr.; thence along said land now or formerly of Liddick, Sr. North 82 degrees 59 minutes East 70,41 feet to a point in the center of the Pine Hill Road; thence along the center line 'of Pirie Hill Road North 8 degrees 23 minules West 167.36 feet to a point: thence continuing along said center line North 16 degrees 34 minutes 8 seconds West 132.20 feet to a point: thence continuing along said center line of Pine Hill Road North 27 degrees 26 minutes 23 seconds West 101,08 feet to a point; thence continuing along said center line North 12 degrees 16 minutes 30 seconds West 102.11 feet to a point, the place of BEGINNING. , PARCEL # 09-13-0997-007. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 25, NOVEMBER 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. RF.,AL F_~TATE I~ALE NO. 33 Writ No. 2001-7024 Civil Bankers Trust Co. of California N.A., c/o Countrywide Home Loans, Inc. VS. Daniel S. Liddick, Jr. and Daniel S. Liddick, Jr. m~d Trustee of the Llddick Family Trust Dated 11/17/99 Atty.: Joseph Goldbeck ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows in accordance with a survey made by Raymond M. Kowalski, registered professional engineer, of Harrisburg, Pennsylvania, made March 21, 1960. BEGINNING at a point in the cen- Rog/M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002 along sa~d degrel North along same cet to merlY toa feet to a ~o~g goad WeSt L45 ~rtd St,; or ior- 8il .41 feet the certter $ ieet [.20 r~rtutes tO a 16 Oil. Il feet to . parcel ti09_1:3-0997-007 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-62%1322 Attorney for Ph(mtiff P.R.C.P 3180-3183 BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 VS. Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW DANIEL S. LIDDICK JR. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Mortgagor(s) and Record Owner(s) 75 Pine Hill Road Enola, PA 17025 Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 01-7024 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Summary Judgment Order $80,012.62 Additional Interest through 09/03/2002 $ 5,630.94 Additional Late Charges $ 646.83 (Costs to be added) $86,290.39 © ©~ AU_ THaT CERTAIN Irac~ or I more parhculsfl bo n~ !,and s~tUate in ghe . registered pro~e~sio~'~TM~nu described a~ fo ~s~p of~asl Peonsb~r~ ~ - ' '~' ~D~IR~r, Of Harrieh,, "~ m accordance .,;~k _ T'~' ~Umbedand Co ..... =rcr~ zl, 1950. ' ....... '~' Aowalskl, BEGINN NG a a poinf ~n lhe center of Pi~e Hill Road now or [ommd o Sou( ] BB de r~e . at Corne~ O[land · Wes[21~ n..Y.fOflarles tende~ ,~ S.~l mmu[es tg ......... ~OWorformedvn~p~ ,. Ire~ ,-',:-'~ reel (o a cfier~ ~r~. -,.,,.ence alofl~ said ,~_~=~uus Wes, 655 49 ~ ;;' ~', .~,p. Aider; ?inures 39 s~o.~2'~~ Y~ lO¢mer y of Ha~-'~ ~'/~ ~outh 45 de~[e~ ~. X vegrees 15 mnu ~'~ ~" ~' ~anos m[n-~-- ~:y,m ,n uno o( lands ~,.. k~~2 '" a S~a~e; (hence h. m:'~'g sa~ land of Wilt Rn/:~'~a leal [o a PeDlar '1 n.3 ~'~ west~ 1 ~ ] 93 feel ~ 2~U ur formerly of Paul U~.~J. "~7 Same 8oulh 82 d~./~:~ ~ uegrees 54 .... lormeryofHa~:~ff~ P po In line of lan~ ~_~9once along same Nor,~ .~°~9 said land Norlh 13 a~-s Earl, 135.2T lhence a o-7,'7~' ~' Ncnb 82 de~r-~- ,;~w ~r formerly of D 8 L ~'~ ~grees 17 m autos ~j~e~ ~ ~?~mg a~ang said ce~,~-J~"~ ~n~ 16 degrees ,~ ~?'~ zj mmules West ~2';'~r elhe Pine Hi" ~_. Parcel ~ 09'13-0997.007,. ~ ~econds Wesl 102.11 IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 75 Pine Hill Road Enola, PA 17025 SOLD as the property of DANIEL S. LIDDICK JR. and DANIEL S. LIDDiCK JR. TRUSTEE OF THE LIDD1CK FAMILT TRUST DATED l 1/17/99 TAXPARCEL# ~'-;3 ~q~ 7 USBC PAM - LIVE - V2.3 - Docket Report Page 1 of 5 CREDS, CLAIMS, 341Held, PinCnfrmd U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:02-bk-06585-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Daniel S Liddick, Jr 75 PINE HILL ROAD ENOLA, PA 17025 SSN: xxx-xx-9927 Debtor Date Filed: 12/03/2002 represented by John M Hyams Cunningham & Chemico£f PC 2320 N SECOND ST PO BOX 60457 HARRISBURG, PA 17110 717 238-6570 Charles J. DeHart, III (Trustee) PO Box 410 Hummelstown, PA 17036 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717-221-4515 Asst. U.S. Trustee Filing Date 12/03/2002 # Docket Text 12/04/2002 2 12/18/2002 3_ 12/18/2002 VOLUNTARY PETITION under Chapter 13 & Mailing Matrix, [DD], ORIG1NAL NIBS DOCKET ENTRY #1 (Entered: 12/03/2002) NOTICE of intent to dismiss case unless missing documents are filed: due by 12/19/02 Re: Item # 1 [Complied], [DD], ORIGINAL NIBS DOCKET ENTRY #2 (Entered: 12/04/2002) Schedules, Statements, Plan & Summary and all missing documents Re: Item # 2, [DD], ORIGINAL NIBS DOCKET ENTRY #3 (Entered: 12/19/2002) Ch. 13 Plan Re: Item # 3, [DD], ORIGINAL NIBS DOCKET ENTRY g4 (Entered: 12/19/2002) https://ecf, pamb.uscourts.gov/cgi-bin/DktRpt.pl?107676737395511-L 82 0-1 3/1/04 USBC PAM - LIVE - V2.3 - Docket Report Page 2 of 5 01/09/2003 5_ 01/29/2003 6 02/07/2003 02/13/2003 03/07/2003 04/14/2003 10 06/O5/2OO3 11 06/05/2003 06/09/2003 l 2 06/12/2003 13 06/19/2003 14 O7/O 1/2OO3 CERTIFICATE of Mailing of Notice of 341 Meeting. Objections to the plan are due 15 days after meeting held., [AUT], ORIGINAL NIBS DOCKET ENTRY #5 (Entered: 01/09/2003) APPLICATION to employ Capitol Area Property Management, Inc. [Carol Leisey] as Real Estate Broker. [Disposed] [Entered: 01/30/03], [SP] AFFIDAVIT of Carol Leisey, [SP], ORIGINAL NIBS DOCKET ENTRY #6 (Entered: 01/30/2003) 7 ORDER Approving Employment Re: Item # 6, [SP], ORIGINAL NIBS DOCKET ENTRY #7 (Entered: 02/07/2003) 8 341 meeting held., [CA], ORIGINAL NIBS DOCKET ENTRY #8 (Entered: 02/14/2003) 9 ORDER Confirming Plan, [SP], ORIGINAL NIBS DOCKET ENTRY #9 (Entered: 03/07/2003) OBJECTION to plan by COUNTRYWIDE HOME LOANS, INC. [Movant notified, Plan has been confirmed] Re: Item # 4, [SP], ORIGINAL NIBS DOCKET ENTRY #10 (Entered: 04/I 5/2003) Motion for Relief from Stay. Filing fee due in the amount orS 75.00 Filed by Gary E McCafferty of Goldberg McCafferty and McKeever on behalf of Countrywide Home Loans. (Pearlman, Susan) (Entered: 06/06/2003) Receipt of Motion for Relief from Stay Filing Fee. Receipt Number 596167 Fee Amount $ 75 (RE: related document(s)[11] ). (Pearlman, Susan) (Entered: 06/06/2003) Order (RE: related document(s)[11] ). Answers are due on: 6/29/2003. Hearing scheduled for 7/1/2003 at 01:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (Pearlman, Susan) (Entered: 06/09/2003) Certificate of Service Filed by Gary E McCafferty of Goldberg McCafferty and McKeever on behalf of Countrywide Home Loans (RE: related document(s)[11], [12] ). (Gambini, Christopher) (Entered: 06/13/2003) Answer Filed by John M Hyams of Cunningham & ChemicoffPC on behalf of Daniel S Liddick Jr (RE: related document(s)[11] ). (Pearlman, Susan) (Entered: 06/20/2003) 1~5 Proceeding Memo: Hearing held (and continued) on Motion of https://ecf, pamb.uscourts.gov/cgi-bin/DktRpt.pl?107676737395511-L 82 0-1 3/1/04 USBC PAM - LIVE - V2.3 - Docket Report Page 3 of 5 08/18/2003 16 08/27/2003 17 09/03/2003 18 11/05/2003 19 11/14/2003 20 11/14/2003 21 11/18/2003 22 11/18/2003 23 Countrywide Home Loans for Relief from Stay and Answer thereto. Debtor to hire new real estate agent and property to be sold by December 18, 2003. Debtor's counsel to submit written status of sale by continued heating date (RE: related document(s)[14], [11 ], [12] ). Heating scheduled for 9/3/2003 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. No further notice of heating required. (Weigel, Erma) (Entered: 07/01/2003) Application to Employ Jeanne A Shearer of Century 21 At The Helm as Real Estate Broker Filed by John M Hyams of Cunningham & ChemicoffPC on behalf of Daniel S Liddick Jr. (SP) (Entered: 08/19/2003) Order Granting Application to Employ Jeanne A Shearer of Century 21 at the Helm (RE: related document(s)[ 16] ). (SP) (Entered: 08/27/2003) Proceeding Memo: Hearing held on motion of Countrywide Home Loans and response of Debtor. Heating continued to 11/5/2003 at 09:00 a.m. at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA, for a status report on attempted sale of real estate. (RE: related document(s)[14], [11] ). (EW) (Entered: 09/04/2003) Proceeding Memo: (RE: related document(s)[ 18] ). Hearing continued at the request of movant to 1/14/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. Movant to notify opposing counsel. (JG) (Entered: 11/05/2003) Motion for sale free and clear of liens of Real Estate located at 75 Pine Hill Road, Enola, Cumberland County, PA to Pedro and Mafia Franco for the sum of $200000.00 Filed by John M Hyams of Cunnin~am & ChemicoffPC on behalf of Daniel S Liddick Jr. (SP) (Entered: 11/17/2003) Motion To Shorten Time for Notice to a period of eleven (11) days Filed by John M Hyams of Cunningham & ChemicoffPC on behalf of Daniel S Liddick Jr (RE: related document(s)[20] ). (SP) (Entered: 11/17/2003) Order Granting Motion To Shorten Time (RE: related document(s) [21] ). (SP) (Entered: 11/18/2003) Notice sent to counsel for mailing fixing answer/objection date (RE: related document(s)[20] ). (SP) (Entered: 11/18/2003) https://ecf, pamb.uscourts.gov/cgi-bin/DktRpt.pl?lO7676737395511-L 82 0-1 3/1/04 USBC PAM ~ LIVE - V2.3 - Docket Report Page 4 of 5 11 / 19/2003 24 11/25/2003 25 12/02/2003 26 12/15/2003 27 12/17/2003 28 01/05/2004 29 01/05/2004 30 01 /14/2004 31 01/21/2004 32 Certificate of mailing of notice sent by counsel Filed by John M Hyams of Cunningham & Chernicoff PC on behalf of Daniel S Liddick Jr (RE: related document(s)[20] ). Objections due by 11/29/2003. (SP) (Entered: 11/20/2003) Answer Filed by Gary E McCafferty of Goldberg McCafferty and McKeever on behalf of Countrywide Home Loans (RE: related document(s)[20] ). (CR) (Entered: 11/26/2003) Notice to Parties: (RE: related document(s)[20], [25] ). Heating scheduled for 12/15/2003 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (SP) (Entered: 12/02/2003) Proceeding Memo: Heating held on Motion of Debtor to approve sale mad Answer of CountryWide Home Loans thereto. Answer withdrawn at time of hearing. Debtor to file motion for default and submit proposed order approving sale. (RE: related document(s)[20], [25] ). (EW) (Entered: 12/16/2003) Motion for Default Judgment Filed by John M Hyams of Cunningham & Chernicoff PC on behalf of Daniel S Liddick Jr (RE: related document(s)[20] ). (JR) (Entered: 12/18/2003) Order Granting Motion For Default Judgment (RE: related document (s)[28]). (SP) (Entered: 01/05/2004) Order Granting Motion for sale free and clear of liens of Real Estate (RE: related document(s)[20] ). (SP) (Entered: 01/05/2004) Proceeding Memo: Hearing held on motion of CountryWide Home Loans for relief from stay. Court signed Order granting the motion. (RE: related document(s)[14], [11]). (EW) (Entered: 01/14/2004) Order Granting Motion for Relief from Stay (RE: related document(s) [19], [181, 15~, [11] ). (KZ) (Entered: 01/21/2004) [ PACER Service Center Transaction Receipt 03/01/2004 11:29:06 IPACER Login: }~a0060 IlCHent Code: I IDescri~fion: IlDocket Report IlCase Number: ]}I:02-bk-06585-MDF https://ecf, pamb.uscourts.gov/cgi-birVDktRpt.pl?107676737395511-L 82 0-1 3/1/04 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Altm'ney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106~ 1532 215-627-1322 Attorney for Plaintiff BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS 1NC, 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. DANIEL S. LIDDICK JR. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 (Mortgagor(s) and Record Owner(s)) 75 Pine Hill Road Enola, PA 17025 Defendam(s) IN THE COURT OF COMMON PLEAS of Cumberland County CBqL ACTION ~ LAW ACTION OF MORTGAGE FORECLOSURE No. 01-7024 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS 1NC., Plaintiff in the above action, by its attorney, Joseph A. Galdbeck, 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: 75 Pine Hill Road Enola, PA 17025 .Name and address of Owner(s) or Reputed Owner(s): DAN1EL S. LIDDICK JR. c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 2. Name and address of Defendant(s) in the judgment: DANIEL S, LIDDICK JR. c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/l 7/99 c/o Bradford Dorrance~ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 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 Enlbrcement 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 ruortgage of record: 5, Name and address of every other person who has ax~y 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 plaintiffhas 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 75 Pine Hill Road Enola, PA 17025 (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 r~gt~mtwm`~`t~t~`~t~`!~af~inrm-at`i~-san..d.~e~i~e~f~.~u~n~dqe-r~u`LtJu~ta~ ~u tth~ t~ rifa'Is~e~,statements herein are made sn~o~ the penalties of lB Pa. C.S, Section 4904 DATED: March 1, 2004 GOLDB~_~K~ ~r~McKEE~/ER~ BY: Joseph A. Gox~t 3/~ J~., Esq. Attorney for 01-7024 CIVIL TERM GOLDBECK MeCAFFERTY & McKEEVER BY~ goseph A. Goldbeck, Jr. Attorney I.D.# 16132 'Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. DANIEL S. LIDD1CK JR. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMiLY TRUST DATED 11/17/99 Mortgagor(s) and Record Owner(s) 75 Pine Hill Road Enola, PA 17025 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-7024 CIVIL TERM 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: LIDDICK, JR., DANIEL S. DANIEL $. LIDDICK JR. c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 Your house at 75 Pine Hill Road, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, June 09, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $86,290.39 obtained by BANKERS TRUST CO. OF CALIFORNIA NA 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: 01-7024 CIVIL TERM 1. The sale will be cancelled if you pay to BANKERS TRUST CO. OF CALIFORNIA NA 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 nofice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To f'md 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 Sate. 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 01-7024 CIVIL TERM 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 BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. DANiEL S. LIDDICK JR. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Mortgagor(s) and Record Owner(s) 75 Pine Hill Road Enola, PA 17025 IN THE COURT OF COMMON PLEAS of Cumberland County CiVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-7024 CiVIL TERM 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: LIDD1CK TRUSTEE OF THE LIDD1CK FAMILY TRUST DATED I 1/17/99, JR., DANIEL S. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED t 1/17/99 c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 Your house at 75 Pine Hill Road, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, June 09, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $86,290.39 obtained by BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS 1NC. 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: 01-7024 CIVIL TERM 1. The sale will be cancelled if you pay to BANKERS TRUST CO. OF CALIFORNIA NA 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. 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 Sheriffthirty (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 ]NC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 !.. ,,. ALL THAT CERTAIN lract of land siluate in the Tqwnship of East Pennsb~ro, Cumberlan~ C~bnty, Pennsly~anla, more particularly bounded and described as follows in accordance with a survey made by Raymond M. KowaJsl(t, registered professional engineer, of Harrisburg, Pennsylvania, made March 21, .1960, BEGINNING at a point tn the center o1' Pipe Hill Road at corner o! lands r~ow'or formerly of P~lph ~Jner; lhenee alon~-sald lands of Kiner South 88 degrees 41 minutes f§ s, eoonds West, 655,49 feet to a slake i~ line ct' lands now or [ormedy of Oharles Lender;, thence alon~l.said lands ct' Lc. rider South 3 degree~ 15 minutes 40 seconds West 216.92 feet [o a rt~erG' tree; ~hence a cng sam~ South 45 degrees 56 mirlutes East, 539,85 feet to a poplar Ires in line of lands now or foFmerly of Harvey G, W~lt' thence along said land of Wilt South 82 degrees 54 . minutes 39 seconds East, 137.02 fee[ to a stake; thence by !he same South 82 degrees 56 minutes East, 134.27 feet to a point in line of lands now or form.er y of Paul Llddic~, thence along said land Norlh 13 degrees 19 minutes West~ 141,93 feet Io an iron pipe thence along'same North ,83 degrees 17 minutes E,,as[, a distance of '103.45 feet to an iron pipe In line of and now or formerly of D,S, LIdd~ck, Sr.} thence along sa~d land now or formerly of LiddicJ(, ,Sr. Nodh 82 degr.e, es 59 minutes East 70.41 feel Io a poml id the center el~the Pine Hill Road; then?e ,along the center line of Pine H~II Road Nodh 8 degrees 23 minules West 167,:36 fee[ to a point; ther~ce conl~numg along sa d center ne Nor h 16 degrees 34 minutes 8 seconds West 132.20 feet to,a point; thence continuing along said center Ina of Pine HiJ Roa~J Nor h 27 degrees 26 minules 23 seconds Weal 101.08 feet to a point; thence cellt nu nga cng sa d center line North 12 degrees 16 minutes'30 seconds West 102,11 feet to a point, Ihe p ace of BEGINNING. . · · Parcel # 09-13-0997.007 Bankers Trust Co. of California, NA VS Daniel S. Liddick Jr. and Daniel S. Liddick Jr. Trustee of the Liddick Family Trust Dated 11/17/99 In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-7024 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Joseph Goldbeck. Sheriff's Costs: Docketing 30.00 Poundage 1422.70 Posting Bills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 10.35 Levy 15.00 Surcharge 20.00 Law Journal 344.45 Patriot News 319.06 Share of Bills 29.26 $2221.82 paid by attorney 06/28/04 Sworn and subscribed to before me So Answers: Tkis ~q~'~ day of(~,., ~..t?~ .~, ~ ~f~ %L R' Th°mas Kline' Sheriff 2004, ^.D. BY Prothonotary Real Est~e Deputy Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #l 6132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS 1NC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. DANIEL S. LIDDICK JR, DANIEL S. L1DDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 (Mortgagor(s) and Record Owner(s)) 75 Pine Hill Road Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 01-7024 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE HOME LOANS INC,, Plaiutiffin 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: 75 Pine Hill Road Enola, PA 17025 l.Name and address of Owner(s) or Reputed Owoer(s): DANIEL S, LIDDICK IR. c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 2. Name and address of Defendant(s) in the judgment: DANIEL S. LIDDICK JR. c/o Bradford Dorrance~ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 3. Name and last known address of every judgment credito{ 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. TENANTS / OCCUPANTS 75 Pine Hill Road Enola, PA 17025 (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 sub,~o the penalties of 18 Pa, C.S. Section 4904 relating to unswom falsification to authorities. ( ~,~ ~. /, DATED: March 1, 2004 '~v~ GOLDBECK McO~K~I~)F~gRTY & McKEEVER 01-7024 CIVIL TERM GOLDBECK McCAFFERTY & rtlcKEEVER 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 BANKERS TRUST CO. OF CALIFORNIA NA C/O COUNTRYWIDE ttOME LOANS 1NC. 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 Plaintiff VS. DANIEL S. LIDDICK JR. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 Mortgagor(s) and Record Owner(s) 75 Pine Hill Road Enola, PA 17025 IN THE COURT OF COMMON PLEAS of Cumberland County CiVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-7024 CIVIL TERM 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: LIDDICK TRUSTEE OF THE L1DDICK FAMILY TRUST DATED 11/I 7/99, JR., DANIEL S. DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/t7/99 c/o Bradford Dorrance-ESQ 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 Your house at 75 Pine Hill Road, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, June 09, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $86,290.39 obtained by BANKERS TRUST CO. OF CALIFORNIA NA 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: 01-7024 CIVIL TERM 1. The sale wJ/l be cancelled if you pay to BANKERS TRUST CO. OF CALIFORNIA NA 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 fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the 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 Sheriffof 717-240-6390. 2. You may be able to petit/on 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 flail amount due in the sale. To find out if this has happened, you may call the Sheriffof 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. 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 Sheriffthirty (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 flied with the Sheriffwithin ten (10) days afl, er 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 ' ALL THAT CERTAIN Iraci of land s u ' · .............. .... more par[icul'arl a{e In ~he Towns ' · · . registered Y b. ou_~ded a. nd described as fo , . h~p of Easl Pei3nsboro Cumb .... .= ...... *¥Wanla, made March 21,'.1960, TM ,~x ,,,=ymona M. KOWalsk]~ BEGINNING at a point In the center o~'Pipe Hill Road at Corner o/land , along said ands of Kiner South 88 d now or t'Ormedy o~' O egress ,~1 minutesRow'or forr~e[I of ' West 216 92 har!ee Le. nder; thence al _19 s. eeonds.West, 655 49 Y ~a ph K!.ner: Ihenee line i,. ,;._ . ,t'eet,to a ohet'~y ~ree. Ele.,..~ ~,__on~l,satd I_ands of Lenoer So Ih .~' ,~,?.~e[[o.a~ ~,la. ke In ,ne of land .minutes 39 seconds r~..;".,';~'~e.?y o~ rmn/ey G W~li' th-..-Z~'-':,""u"~us DO mlnules East 53a .~ 7-"-,"~ .- _ ms West~ 14'~,93 feet to a ..... ~.er!y of Paul Llddick; then ~ ~,,,~ ~ ,°__agrees ~6 minutes East 1" '.~u3,45 feet to an iron ,-,..,.. ,- ,,'I' .o.n. pip. e, tr~ance al0n~'sa,.-~, ~,.[O,e~;,~,.,~g said lund North 13 dedr¢,,~,. '~' 35.27' formerly ofLIddJc[- ~'~'~.~ ~e roland now or form~r~'v ,-,~',~'~;~',,°'~ oegrees 1Z minute- ~-,.~--.~7 ,'" l.h_e_n,ee ,along Ihs center lin . egre..es 69 minutes East 70, z.~ ~.^, ,_ok, Srv .t .he.n. ce along sa'~d land n.-,,...:.e of Cuntlnulnn al~ .... '-, . e of Pine Hill Road Nndh ~ .-~ -~, ,'",,~ ~u a po r~! In Ihs n,~,-,,~,. ^.,.,- ;.T "-'.', con~lnui,~...,.--u ,~,.lu cartier line North 1R d,.,....;.'~' ;.,'.' ,-,~,grees z3 m flules West 1R7 "~",:'~'..u~me I-'ills Hi I Road. .~uuio alorl said c ,.~. ~:/negress 26 mlr~ut 2 ~ .u'a Pofn{; mence poinl, Ihs place of BEGi~YqINGg enter line North 12 degrees 16 m ..*~,~.?.,. 3 seco.ntis Wes 101 08 fee Paros · . . . ......... au seconos Wes1102,11 feet I # 09-13-0997~007 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-7024 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKERS TRUST CO. OF CALIFORNIA NA C/0 COUNTRYWIDE HOME LOANS INC., Plaintiff (s) From DANIEL S. LIDDICK JR., DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property &the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $80,012.62 Interest THROUGH 9/3/2002 - $5,630.94 Atty's Corem % Arty Paid $962.98 $646.83 Plaintiff Paid Date: MARCH 5, 2004 (Seal) Due Prothy $1.00 Other Costs ADDITIONAL LATE CHARGES CURTIS R. LONG Prothonota~ ~,~. REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court 1D No. 16132 Deputy Real Estate Sale #55 On March 08, 2004 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 75 Pine Hill Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 08, 2004 By: ,4 ~(~(i~t~tZ~ ~q Real Estate~Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May18, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Counter of/Dauphin in I~iscellaneous Book "M", Volume 14, Page 317. ~'~"~ PUBLICATION CO PY Sworn to 28th dayo~l~lay~ A.D. Terry L. Russell, Nolory Public ~- - f f/ '~'-'~ ~ - { QlyofHorrisburg, D~uphinCounty I NOTARY PUBLIC I NiyCommls~on ~xpires June 6. 200~ I My commission expires June 6, 2006 Member, Pennsylvania A~l,tion el Net~fiea CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 319.06 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. P.~AL F-,STAT~ ~ALE NO. 55 Writ No. 2001-7024 Civil Bankers Trust Co. of California N.A. c/o Countl3r~de Home Loans, Inc. VS. Daniel S. Liddick, Jr. and Dardel S. Liddick Jr., Trustee of The Liddick Family Trust Dated 11/17/99 Atty.: Joseph Goldbeck ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro. Cumberland County, Pennsylvania, more particularly bounded and described as follows in accordance with a survey made by Raymond M. Kowalskl, registered professional engineer, of Han-/sburg, Pennsylvania, made March 21, 1960. BEGINNING at a point in the cen- ter of Pipe Hill Road at comer of lands now or formerly of Ralph gin- er; thence along ssld lands of Finer South 88 degrees 41 minutes 19 seconds West, 655,49 feet to a stake in line of lands now or formerly of Charles Lender; thence along said lands of Lender South 3 degrees 15 minutes 40 seconds West 216.92 feet to a cherry tree; thence along same South 45 degrees 56 minutes East, 539.85 feet to a poplar tree in line of lands now or formerly of Harvey G. Wilt; thence along said land of Wilt South 82 degrees 54 minutes 39 seconds East, 137.02 feet to a stake: thence by the same South 82 degrees 56 minutes East, 135.27 feet to a point in line of lands now or formerly of Paul Liddick; thence along said land North 13 degrees 19 minutes West 141.93 feet to an iron pipe; thence along ~Lisa Marie Coyne/Editor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 N~'I~A~ SEAL ~ LOIS E. SNYBER, Nota~/Public Carlisle Bom, Cumberland County My Commission Expires Msmh 5, 2005 bounded and described as folloxvs by Raymond M, Ko-~alsld, registered professlen~d engineer, of M~sburg~ Pennsylvmn~. m~de ~srch lands erl ~cnce ~ong s~d ~ds of ~ner ~n Hne of lands no~ in lln~ of l~nds no~ or fo~er~y of feet ~ a s~e; ~ence by ~e same an ~ron pipe ~n i~ne of land now or ~o~ s~d l~fl mow or fomerly of Lidfllck, ~ence ~ong Hill ~ad ~onds W~t 1B2.g0 feet to a ~lnt; ~ence con~nu~ng ~ong s~O center ~nulng ~ong s~d center lime No~ place of BEGIN~NG. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-7024 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKERS TRUST CO. OF CALIFORNIA NA C/0 COUNTRYWIDE HOME LOANS INC., Plaintiff (s) From DANIEL S. LIDDICK JR., DANIEL S. LIDDICK JR. TRUSTEE OF THE LIDDICK FAMILY TRUST DATED 11/17/99 (1) You are directed to levy upon the properly of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the ganfishee(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 othe~vise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $80,012.62 Interest THROUGH 9/3/2002 - $5,630.94 Atty's Corem % Arty Paid $962.98 $646.83 PlaintiffPaid Date: MARCH 5, 2004 (Seal) Prothono~)y Deputy Due Prothy $1.00 Other Costs ADDITIONAL LATE CHARGES CURTIS R. LONG REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132