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Home My WebLink About01-0809GOLDBECK 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 COLU~4BIA NATIONAL INC 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff VS. EDWARD V. MOYLE AND SANDRA A. MOYLE (Mortgagor(s) and Real Owner(s)) 2 Brighton Lane Camp Hill, PA 17011 Defendant(s) : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY CIVIL ACTION - LAW : :ACTION OF MORTGAGE FORECLOSURE No. CIVIL ACTION: MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ~ INFORF~%TION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE YOU have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to tke claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU may lose money or property or o~her rights lmportan~ to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RAVE A LAWYEK OH CANNOT AFFGP~3 ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Associatio~ 2 Liberty Avenue, Carlisle, PA (800) 990 9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243 9400 AVI SO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESSA DEFENDERSE CONTRA LAS QUEJA$ PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPURS DE SER SERVIDO CON EST'. DEMA~D~ y PARA DEFENDERSE ES NECESS~2RIO QUE USTED, 0 SU ABOOADO, REGISTRE CON LJ~ CORTE EN FOP. MA ESCRITA, EL PUNT0 DE VISTA DE USTED Y CUALQUIER OBJECCISN CONTRA LAS QUEJAS EN ESTA DEMANDA. ~EC"OERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIH CON EL PROCESS SIN SU PA~TICIPACION. ENTONCSS, LA COUTE Pl/EDE, SIN NOTIFICARIO. DECIDIR ;% FAVOR DEL DEMA/~D~NTE y REQGERIRA QUE USTED CI/MPLA CON TODAS LAS PROVISIONES DE ESTA DE~JNDA. FOR RAZON DE ESA DECISION, ES ~OSSIBLS QUE UST~D PURDA PERDER DINERO, PROPISD~ U OTROS DERECHOS IMPORT~NTES~ LLEVE EETA DEMA~A A lIN ABOGADO IMMRDIATAMENTE. SI NO CONOCS A UN D2~OGADO, LL~E AL "L~WYER REFERENCE SERVICE" ($ERVICIO DR REFERSNCIA DE 215 238 6300. Cu~Oerland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990 9108 Legal Services I~c. 8 Irvine ROW, Carlisle, PA 17013 ~717) 243 9400 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is COLUMBIA NATIONAL INC, 7142 Columbia Gateway Drive, Columbia, MD 21046-2132. 2. The name(s) and address(es) of the Defendant(s) is/are EDWARD V. MOYLE, 2 Brighton Lane, Camphill, PA 17011 and SANDRA A. MOYLE, 2 Brighton Lane, Camphill, PA 17011, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described. 3. On February 26, 1998, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL INC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1436, Page 180. The mortgage has not been assigned. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due October 1, 2000, 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 9/ 1/00 through 1/31/01 at 7.375% Per diem interest rate at $29.73 Attorney's Fee at 5% of Principal Balance Late Charges 10/ 1/00- 1/31/01 Monthly late charge amount at $52.11 Costs of suit and Title Search $ 147,129.98 4,518.96 7,356.50 208.44 560.00 Escrow Balance Deficit Monthly Escrow amount $302.08 $ 159,773.88 401.40 $ 160,175.28 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party 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. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $160,175.28, together with interest at the rate of $29.73, 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: G£ ~DBEC~ McCAFFERTY & McKEEVER Joseph A. Goldbeck, Jr., Esq. ~rney for Plaintiff VERIFICATION I, , as the representative of the Plainsiff corporation within named do hereby verify that I am authorized ~o and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of unsworn falsification to authorities. #3450018 - MOYLE,EDWARD V. ls Pa. C.S. 4S04 relatinG to SCHEDULE C ALL THAT CERTAIN lot or tract of land situate in the Township of East Pennsboro, Cumberland County and Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the northern right-of-way of Windsor Way a 50 foot wide road, said point also being the southwest corner of Lot No. 2 as shown on the final subdivision plan of Victoria GlenII; thence continuing along the northern right-of-way line of Windsor Way the following two courses, along a curve to the right, having a radius of 415.00 feet, an arc length of 43.67 feet, said arc being subtended by a chord and bearing 74 degrees 17 minutes 28 seconds West a distance of 43.65 feet to a point; thence continuing South 77 degrees 18 minutes 20 seconds West a distance of 38.78 feet to a point, said point being the end of the radius at the northeast corner of the intersection of said Windsor Way with Brighton Lane a 50 foot wide road; thence continuing along the right-of-way radius and along the eastern right-of-way line of Brighton Lane the following two courses, along a curve to the right, having a radius of 15.00 feet, an arc length of 20.90 feet, said arc being subtended by a chord and bearing of North 62 degrees 46 minutes 35 seconds West a distance of 19.25 feet to a point; thence continuing North 22 degrees 51 minutes 30 seconds west a distance of 111.47 feet to a point; said point being the southwest corner of Lot No. 38 as shown on the final subdivision plan of Victoria Glen (Phase 1); thence continuing along the southern line of said Lot No. 38, and along a portion of the southern line of Lot No. 39 respectively North 72 degrees 28 minutes 20 seconds East a distance of 103.60 feet to a point, said point being the northwest corner of the aforementioned Lot No. 2; thence continuing along the western line of Not No. 2 South 18 degrees 43 minutes 23 seconds East a distance of 129.22 feet to a point, said point being the point and place of BEGINNING. BEING Lot No. 1 as shown on a Final Subdivision Plan of Victoria Glen II recorded in Plan Book 55, Page 57. BEING the same premises which Eugene F. Assaf and Thalia M. Assaf, husband and wife, dated July 14, 1995 and recorded August 2, 1995 in Deed Book 126, Page 82 granted and conveyed unto Edward V. Moyle and Sandra A. Moyle, husband and wife, in fee. 2000 EXHiBiT Cam~ ~i11, PA 17011 Columbia National NO. 3450018 2 Brighton Lane Can~ Hill, PA 17011 AP P SND ~ X A ACT 91 NOTICE TAKE ACTION TO sAV YOUR HOM~ FROM FOrE =LO S URS* uS PmtM Receipt far Certified Mail I u-~ ~.~ ....... ~ ....... Thim is a~ o£ficial notice that :he mort~&ge on your home is in ~e~aul:, ar~ ~he le~dmr in=ends to foreclose. Specific information you ~e ~ ~em=i~e, ~ou ~y =~1 ~ P~mylv~ia H~us~ng ~ toll ~ee A~ 1-800-342-2399. (PermOnm ~h ~ired he~ FEB 07 2001 12:44 MR COLUMBI~ N~TIONRL 410 8?2 2652 TO 91215627?734 P.02/12 B~YOND YOUP. CONTR~, ~ORAKY STAY 01~ FORECLOEO31.E -- ~de= ~he ACC, ~OU ~e ~L~ed ~ a a~ a "~a~e-co-~ace" ~eci~ ~ one o~ ~he c~.~r c~e~ ~el~ a~Aea XAB~e~ a~ ~ o~ o~ eh~ ~oCice. ~ZS ~ ~T ~ ~ ~ a~-~ {30) ~YS. XF Yo~ ~ ~ ~LY FOi ~ ~R~B ~SZST~, ~U ~ST BRZ~ YO~ MORT~ ~ TO D~. ~ ~T OF ~S ~TI~ ~L~ sHOW ~ ~ Y~ MORT~ DEFA~Ts, ~S ~w TO ~I~ YO~ MOR~E ~ TO DA~. A~I~ca~i~ O~e o~ ~ ~a~e4 c~*~r c~edi~ c~.eling c~li~ agencies ~vo i~lica~ion~ ~ ~ Pa~no~lv~ii Houses FEB B? 2801 12:44 FR COLUMBIA NATIONAL 418 872 2652 TO 9121562???34 YOU M~'~ pz~.~ YO~z~. A,pz'r-ZCATZON ~P.O~'~LY. IF ~OO' FAiL TO DO 80 oR TF YOU DO ~OT FOLLOW ~ 0 _T~F~ ~ZM~ P~ZODS gET FORTH APPLICA~ON FOR MORT~ ASSZBTANC~ WIlL BZ DBNI~D. a=e ve~ l~Co~. ~ey~ll be di~b~eodb~ ~ A~ ~= ~ NOTE: ZP YOU A~E CURE~TLY ~ROTB~T~D BY T~ FTLZNG 0f A P~'~ITION IN you h~ve £iled bank~u~t~ou can s~11 apply for K0W TO ~U~u~YOUMO~TGAG~ DEFAULT (Bring it up tp Date). 2 B=ighton L~ne C~ Hill, PA 17011 ZS ~OUSLY IN DEFAULT because: YOUlt HAVB ifOT MADm MONTHLY MOR~ PA~H ~o= ~ ~o11ow~g ~ ~d ~o ~o11~g ~a ~e ~ past ~e: PAYMENTS $2,$~$.$4 NSF f~S LA~ES $104.22 ~'~ FEES $.00 LRSS PUNDS ON-HAND $.00 FEB 07 2001 12:44 FR COLUMBIA NATIONAL 428 8?2 2652 TO 9121562???34 P.04/12 Bo YOU HAV~ FA~.,ED ~0 TAI~TI~ ~o~Z,o~ LCTZON (D~ nec uae if no~ Columbia National, ZncorI~rated 7142 Columbia Gateway Drive Columbia, Maryland 21Q46 IF YOU DO NOT CU~E T~E DEFAULT -- If you do nec cure ch~ ~efaulC within THIRTY (30) DAYS of th~ date of this Notice, the lender inter, la to exercise its righcg ko accelerate =b~ mar=gage debt. This meana that the entire outs=andin~ balance of chis debt will be considered due im~ediatel¥ a~d you may lose the chance =o pay =he mortgage in monthly installments. If full payvnen~ of ~he coral amount past due ~s not made within THIRTY (~0) DAYS, the le~der also inte~s to instruct its attorneys to ac&rt lsgal action Co ~oreclose upo~ your mortgaged property. iF T~ MORTGAGE IS FORECLOSED U~ON -- Tb~ mortgaged property will be sold by =he S~riff to pay off the ~rt~aSe debt. I~ ~he lender r~ers ~ur case to ~s ah=o~eys, but you cure =he ~l~n~ency before =~ l~der begins legal processes a~ains= ~u, you will s=~ll ~ re.ired ~o pay ~he reason~le a~o~y's fees t~= were ~c=ually i~c~rad, u~ ua $50.00. He.ever, if legal procee~ngs are star~ agai~ ~u, you will ~ve to pay all reaso~le a~=o~8y's ~e~s acc~ll~ ~n~rred by the lender ev~ i~ they excu~d $50.00. ~y at~o~,s Eees will be added co t~ a~= y~u owe ch~ lender, which ~y also ~Dcl~e other reason~le costs. If you =~e ~he default within the ~IR~ (30) DAY period, ~u will ~t bc re~red to pay a~to~e~s ~ees. OTHER L~DER P~MEDIES -- The lander may also sue you personally for =he u~paid principal balance a~d all o=h~r sums due un.er fha mortgage. RIGHT TO ~ TH~ DEFAULT PRIOR TO S~RIFF'S SALE -- If you have no= cured the default w~hin the THIRTY (30) DAY period a~d foreclose proceedings have be~m, you s~lll have the right to cure the default FEB 07 2001 12:4S F~ COLUMBI~ NRTIONRL 4]8 872 26S2 TO 912156277734 P.05/12 an= prevent the sals at any time up =o one hour before She ~herif~'s Sale. You ay do so by paying ths to=al amount =hen past due, 91us any late or o~her ~arges =h~ due, reasonabls attorney's fee; and costs Code=ed wi~ =~ Sheriff's Sale as sDscified in writing by the lender ~nd by psr~orming any othsr requirements under the ~r=gage. Curing yo~ dsfault in ~he ~n~er set forth in =his Notice will restore ~u= mortgage =o she sams posin~on as if you b~d never dsfaul=sd. F~I~T POSSIBLE S~IFF'S S~LE DATE -o It is e~Kimaced ~haK =he earlies~ date t~= such a Sheriff's Sale o~ =he ~rtgage propsrty could be ~ld would be a~ruXi~=ely Six (6) ~onths from Khe date s~ =his No=~e. A ~Kice of =he actual date of the S~riff's Sals w~ll be sent ~o ~u before the sale. Of course, t~ amoun~ nseded =o C~L~e ths dsfault wall incrsass ths longsr you walt. You ay fir~ out a= a~y =~me e~a=~ly what the rsquired pa~nen~ or ac=ion will be by ¢on=a==~n~ t~ lender. t1OW TO CO,ACT ~I~ L~ID~R: Angela E=wards MOR~AGELO~N COUNSE~ columbia National, Inter,ora=ed 7142 Columbia ~=sw~y Drive Colu~iA, ~r~land 21046 (800)444-7962 EX~ 244~ (410) 872-2000 ~XT 2443 ~FFEC~ OF SHERI~"~S S~tLE -- You should rsalize ~hat a Sheriff's Sale ~ill e~ ye~tr o~nershi~ e~ uh~ ~r=~a~ed ~ro~erty ~ ~ur right =o ~cu~ i~. If ~u continue ~o live in C~ property a~er the s~r~'s Sale, a law~ui= =o remove ~u ~a ~ur fu~ish~gs a~ ASS~M~TZON 0~ MORT~K -- You __may or __u~.¥ no= (=~CK(H~E) sell or transfer your ho~ =o a buyer or =ransferes who w~ll assu~e =he ~rtgage c~b=, provided ~ha= all the ou=s=and~n~ pa~nen=s0 char~es ~d at~ornsy's ~ee~ a~ costs are pal~ Drier =o or a= the sale and YOU ~Y ALSO HA~'~ TH~ RIGHT.' TO S~L *£~ PROPF~TY TO 0BT~J/~ FS~EY TO PAY OFF ~ MORT~AGE DEBT OR TO BORROW MONEY FROM ~ Tm~v'DIN~ INSTIT~TION TO PAY OFF THIS DF~T. TO HAV~ THIS DEFAULT CUI~D BY ANY THIRD PARTY ACTING ON 1~ B~LF. TO ~A~ TH~ MORTGAGE RESTORED TO ~%~ S~ME POSITION A~ IF NO DEFAULT H~ OCC~, IF YOU CU~ ~ D~FAU~LT. {HOW~, YOU DO I~OT HAVE FEB 0? 2001 12:45 F~ COLUMBIR NRTIONP, L ~10 872 2~52 TO 912156277734 ~.06/12 T~I$ RIG}IT TO CUP.~ YOUR D~FALrLT MORE ~ THREE TIMES IN ANY CALENDAI~ YEA~. ) TO A~S~T ~ NON~X~ST~CE OF A DEFAULT IN ANY F~CLO$~ PROCEEDING OR A~Y OTH~I~ LAWSUIT INSTIT~'£~ UNDER T~E MORTGAGE DOCUMENTS, TO ASSERT ~ OTHE~ DEFENSE YOU BELIEVE YOU I~A¥ HA~ TO SUCH ACTION BY TNE LENDER. TO SEEK PROTECTION UND~ T~E FEDERAL ]~N~UPTCY LAW. CONSIFM~ CI~EDIT COUNSELING AGENCIES SEI~VING YOUR FEB ~? ~l I~:~5 FR COLb~IBIA NATIONA& Clg 872 2652 TO 912156277734 ~.~?/1~ November 22, 2000 2 BRIG~I~ LANE CAMP HZ~L, Pa 17011 2 ~gtgh%a:Lane Camp ~tli, PA 17011 APPENDIX A COLUMBIA NATIONAL ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME PROM. FORECLOSURE* This iS an o~ficial no=ice the= the mortgage on your home ls in default, a~d the lender lntend~ ko ~areclose. speo£fi¢ info~ion c~1 (~17) ?80-1869). ~y be ~10 ~ ~1~ ~lll~ to. You ~ alas v~t to ~nt~o~ ~ at~ t~ ~ ~a. ~ ZOCaZ bar ae~oo~a~on ~y be ~10 ~ FEB 07 2002 22:46 FR COLUMBIA NATIONAL 418 872 2&52 TO 9121562?7?34 P.~S/22 YOU NAY ~E BL.ZGIBLB FOR FINAN¢~,L A~1~'sTANCE g~'rCH CAN 8AV'4 YOUP. ~ FROM FO~..~C~001;R~ AND HI~.,P 'YOU YOU CGM~LTb~ZTHTJlB~ROVISZONS OF w~ ~-~ ~M~RG~NCY M01T~ A~IgX~ANC~A~'~ OF 1983 (~1~ 'AC'~'), YOU B~ RLZGZBLE FOR PAY YO~ MORTGAGE ~AI~]~NT~, AND epec~ ~fo~C~ ~ouC ~ ~o o~ ~ default). Z~ you ~r&ed ~ are ~le co ~8sol~ ~8 pr~l~ ~o 1~. ~u ag~lee 1ia~d at ~ ~d o~ ~o Noticm. ~y ~a~ c=m~t co~l~ ~cioa ~ve ~liGaci~a ~o ~ ~yXv~a ~u~ ~ir~y (30) ~ye o~ yO~ FEB 07 2001 12:46 FR COLUMBIA NATIONAL 418 8?2 2552 TO 9121562'7'7?34 P.09/~2 (60) days ~o ~ke a decision ~a~ac you l~ ~u have ~C ~ ~ ~UR~OSB GIRLY AMD ~HOULD Cam~ ]~L1X, ~A 17011 for the £ollov~ng ~F rzzs $.oo FEB 07 2881 12:47 FR COLUMBIA NATIONAL 410 872 2652 TO 9121562???34 R.18/12 H.. Y~U HAV~ I~AXLED TO TAKE -~.u FOL. LOWING ~CTZOB' (Do nO~. uso if no~. (30) Columbia National° Incorporated 7142 Columbia Gateway Drive Columbia, Maryland 21046 IF YOU DO NOT uu~ THE DEFAULT -- If ~OU do ~ot cure the default within THIRTY (30) DAYS of the date of this Notice, ~ho lender means that =he entire outs=andin~ balance of this debt will be considered due i~uedia=elyand you may lose =he chance to pay =he mortgage ~n monthly £ns=allmen=s. if full payment of the total amount past due is ~t made within THIRTY (~0) ~AYS, the l~ndsr also upo~ your mortgaged prol~erty. IF T~E MORTGAGE IS FORECLOSED U'PON -- ~ ~ortgaged property will be sold by the sheriff to ~a¥ off ~he mortgage ~. I~ =~ l~d~r ~f~rs ~ case ~o i~s a=~o~eys, but ~u ~re ~he d~lin~ency ~or~ che loner ~ins legal proceedi~s a~ains= ~u, ~u will s~ill ~ re~ired =o pay ~e re~o~le a=Co~y's fees that were ac~lly incited, up ~o $~0.00. However, if l~al proceedi~s are started a~aine~ ~u, ~u will ~ve to~ all reas~l~ fees acU~ll~ ~rred ~ t~ lender ~n if ~ a~o~ey's fees will be a~d co the a~t you o~ t~ loner, which ~y also incl~e other reason~le costs. If you c~e t~ within ~ ~IR~ (~0) DAY period, ~ will no= be re~ired ~o pay a~o~e~'e fees. OTHER LENDSKP~SOiES -- The lender may also sue you personally ~or the u~paid principal balance and all other sums due under the ~ort~age. ~I~TTO ~ TH~ DEFAULT PRIO1ETO SHERIFF'S SALE -- If ~ou have no= cured ~he de£aul= within the THIRTY (30) DAY ~eriod and forecloae proceea4~s have beg~, ~ou still have the right to cur~ th~ default FEB 07 2001 12:49 FR COLUMBIA NATIONAL 410 872 2652 TO 912156277?34 and prevent the ~ale a= any time up to one hour before the Sheri~f'~ Sale. You mayPo sQ b~paying =he to=al amount the~past due, plus any late or other charges ~hen due, reasonable attorney's Zees %~ cQs=s corona==ed with the Sheriff's Sale as specified in wriuing by the lender ~n~ by per~o~ning a~y other re~uiremenns under the mot~Cgaga. Curin~ ~our default in =he manner sec forth in =his No,ice will restore your mortgage to =he sem~ position as if you had never ~faulced. EARLIEST POSSIBLE S~RIFF'S SALE DATE -- It is estimated =hah earliest date tha~ such & Sheriff's Sale of =he m~rtgage could be held would be approximately Six (6) mo~ths from the date this Notice. A no=ice of the ac=ual date of the Sheriff'e Salu will be sel~t =o ~ou hefore the sale. of course, =he &m~un= needed to ~ure =he default will increase the longer you wait. You may out at any time exactly what =he required payment or ac=ion will be HOW TO C0~4TACT THE L]iND~: An~ela Bdw~rd~ MOKTC~OANCOUNSSLOR Col~mbia Natio~talo Iltcor~oraned T142 Columb~& Gateway Drive Columbia, Maryla~ 21046 (800)444-7963 EXT 2443 (410)8~2-2000 EXT 2443 EFFECT OF S~RIFF'S SAL~ -- You should realize that a Sheriff's Sale will end your ownershi~ of the mortgaged pro~erty and your right to occupy i=. If you continue to live in =he ~ro~ercy after ~h~ Sheriff's Sale, a lawsuit to remove ~ou a~d your ~ur~ishings and other belongings could be ~=arted b~ =he lender a= any time. A~$UMPTION OF MORTgagE -- Yo=__ may or __may not (~e~I~CK ONE) sell Or tr~er ~r ~me co a buyer or tr~ferea w~ will ass~e =~ ~r=g~e ~t, provided =~= all ~h~ ou=s~din9 pa~=s, ch~r~s ~ atc~'s f~e~ ~d cos~s are pa~d prior ~o or a~ ~ s~le and t~= =he oC~r retirements of ~e ~r~ga~e are satisfied. YoU MAY ALSO ~AVI~ TH~ RIG%IT: TO S~IJ~ TH~ RROPEKTY TO OBTAIN MONEY TO PAY OFF -Ama ~TGAGE D~T OR TO BOP. ROW M0~EY P~0M ~ ?.~DING INSTI'I'O~&0N TO PAY OFF THIS D~BT. TO HA~E THIS DEFAULT CURED ny ANY THIRD PARTY ACTING ON YOUR BEHA~F. TO ~FE TH~ MORTGAGE RESTOKED TO ~ SAME ~OSITION A~ IF NO D~FAULT HAD OCCU~D, IF YOU CUR~ THE DEFAULT. (HOWE~R, YOU DO NOT ~AVE FEB 07 2001 12:47 F~ COLUMBIA NATIONAL 410 B72 2652 TO 912156277734 ~.12/12 THIS RIGHT TO CURE YOUR DEFAULT MORE ~ THREE TIM~S IN ANY CALENDAR YEAR.) TO ASS~RT T~E NONEXISTENCE OF A DEFAULT IN ANY FORECLOSUP~ PROCEEDING OR ANY 0THOR LAWSUIT INSTi'~'~&~ UNDER THE MORTC4%GE DOCUMENTS, TO A~SF~T ANY OT~ER DEFENSR YOU BELIEVE YOU MAy MAVE TO SUCH ACTIO~ BY T~ L~NDER. TO SEeK PROTECTION UNDER TH~ FEDERAL ~UPTCY LAW. CONS~ C~EDIT COUNSELING A~-~CXE$ TOTAL PAGE. 12 *~ ~ SHERIFF'S CASE NO: 2001-00809 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLUMBIA NATIONAL INC VS MOYLE EDWARD V ET AL RETURN - REGULAR SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT-MORTGAGE was served upon MOYLE EDWARD V DEFENDANT at 0020:24 HOURS, at 204 GEORGETOWN ROAD MECHANICSBURG, PA 17055 SA/~DRA MOYLE (WIFE) a true and attested copy of COMPLAINT-MORTGAGE FORECLOSURE WITH NOTICE the on the 16th day of February by handing to together with law, 2001 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit ,00 Surcharge 10.00 .00 34.20 Sworn and Subscribed to before me this ~ge~ day of / A.D. PrOthonotary So Answers: R. Thomas Kline 02/20/2001 GOLDBECK, By: SHERIFF'S RETURN - REGULAR CASE NO: 2001-00809 P COMMONWEALTH OF PENNSYLVanIA COUNTY OF CUMBERLAND COLUMBIA NATIONAL INC VS MOYLE EDWARD V ET AL SHAWN HARRISON , cmmberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE MOYLE SANDRA A DEFENDANT , at 0020:24 HOURS, at 204 GEORGETOWN ROAD MECHANICSBURG, PA 17055 SANDRA MOYLE a true and attested copy of COMPLAINT NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 16th day of February , 2001 by handing to - MORT PORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~£ ~ day of ~~ ~6-~/ A.D. ' Prothonotary So Answers: Thomas Kline 02/20/2001 GOLDBECK,By: MC~ J ~epu 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 Columbia National, Inc. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Vs. Edward V. Moyle 204 Georgetown Road Mechanicsburg, PA 17050 CUMBERLAND COUNTY COURT OF CO14MON PLEAS : CIVIL DIVISION : NO 01-809-Civil Term Sandra A. Moyle 204 Georgetown Road Mechaniesburg, PA 17050 PRAECIPE FOR 37JDGMENT FOR FAILURE TO ANSWER AND ASSESSt~R. NT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ~dward V. Moyle ~nd S~ndra A. Moyle, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days (or 60 days if defendant is the United States of America) from the date of service of the complain and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest - 2/1/01 - 4/23/01 Late Charges Escrow Debit TOTAL $160,175.28 $ 2,437.86 $ 156.33 $ 906.24 $163,675.71 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. PRO PROTHY ~-- I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is 7142 Columbia Gateway Drive, Columbia, MD 21046-2132 and that the names and last known addresses of the Defendants is: Edward V. Moyle, 204 Georgetown Road, Mechanicsburg, PA 17050 Sandra A. Moyle, 204 Georgetown Road, Mechanicsburg, PA 17050 At~rney~r Plaintiff TO: EDWARD V. MOYLE 2 Brighton Lane Camp Hill, PA 17011 COLUMBIA NATIONAL INC 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff EDWARD V. MOYLE AND SANDRA A. MOYLE (Mortgagor (s)) (Record Owner(s)) 2 Brighton Lane Camp Hill, PA 17011 Defendant (s) : IN THE COURT OF COMMON PLEAS : OF CUMBERI.~I~'D COUN'TY : CIVIL ACTION - LAW : ACTION OF MORTGAGE FORECLOSU-RE Term NO. 01-809 Civil Tez~m TO: 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 COLLECTIN~ THE DEBT. EDWARD V. MOYLE 2 Brighton Lane Camp Hill, PA 17011 DATE OF THIS NOTICE: March 9, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEAgAIqCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 GOLDBECK McCA~FERTY & McKEEV~R BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 TO: SANDRA A~ MOYLE 2 Brighton Lane Camp Hill, PA 17011 COLUMBIA NATIONAL INC 7142 Columbia Gateway Drive : Columbia, MD 21046-2132 : Plaintiff : EDWARD V. MOYLE AND SANDP~A A. MOYLE : (Mortgagor(s)) : (Record Owner(s)) : 2 Brighton Lane : Camp Hill, PA 17011 : Defendant(s) : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-809 Civil Term THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. AN~ INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: SANDRA A. MOYLE 2 Brighton Lane Camp Hill, PA 17011 DATE OF THIS NOTICE: March 9, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 TO: EDWARD V. MOYLE 204 Georgetown Road Mechanicsburg, PA 17050 COLLrMBIA NATIONAL INC 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff VS. EDWARD V. MOYLE AND SANDRA A. MOYLE (Mortgagor(s)) (Record Owner(s)) 2 Brighton Lane Camp Hill, PA 17011 Defendant(s) : IN THE COURT OF COMMON PLEAS : OF CUM~ERL4~ CO'UNTY : CIVIL ACTION - LAW : ACTION OF MORTGAGE FORECLOSIJRE NO. 01-809 Civil Term THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEM~TIN~ TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFO~MATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE D~BT. TO: EDWARD V. MOYLE 204 Georgetown Road Mechanicsburg, PA 17050 DATE OF THIS NOTICE: March 9, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEAP~ANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 ~OLDBECK McCAFFEHTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 TO: SAIxrDP~AA. MOYLE 204 Georgetown Road Mechanicsbur~, PA 17050 COLUMBIA NATIONAL INC 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff vs. EDWARD V. MOYLE AND SAN-DRA A. MOYLE (Mortgagor(s)) (Record Owner(s)) 2 Brighton Lane Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-809 Civil Term THIS LAW FIRM IS A DEBT COLLECTOR AND W~ ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFOP. MATION OBTAINED FROM YOU WILL BE USeD FOR THE PURPOSE OF COLLECTING THE DEBT. TO: SANDRA A. MOYLE 204 Georgetown Road Mechanicsburg, PA 17050 DATE OF THIS NOTICE: March 9, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 GOLDBECK McCAPFERT~ & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney 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 Columbia National, Inc. , Plaintiff Vs. : NO. 01-809-Civil Term Edward V. Moyle Sandra A. Moyle , Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on /~ I , 2001. If you have any questions concerning this matter please contact: Joseph'. (~eck, Jr. Attorr~y for Plaintiff **THIS FIRI~ IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCA%~RGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORRCLOSURE) P.R.C.P. 3180-3183 Columbia National, Inc. Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO: 01-809-Civil Term Edward V. Moyle Sandra A. Moyle Defendants PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $163,675.71 Interest from 4/23/01 to sale date $ at $26.90 per diem Total $ and Costs 111 S. Independence Mall East Philadelphia, PA 19106 Attorney for Plaintiff Note: Please attach description of property. ALL THAT CERTAIN lot or tract of land situate in the Township of East Pennsboro, Cumberland County and Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the northern right-of-way of Windsor Way a 50 foot wide road, said point also being the southwest comer of Lot No. 2 as shown on the final subdivision plan of Victoria Glen II; thence continuing along the northern right-of-way line of Windsor Way the following two courses, along a curve to the right, having a radius of 415.00 feet, an arc length of 43.67 feet, said arc being subtended by a chord and bearing 74 degreesl7 minutes 28 seconds West a distance of 43.65 feet to a point; thence continuing South 77 degrees 18 minutes 20 seconds West a distance of 38.78 feet to a point, said point being the end of the radius at the northeast comer of the intersection of said Windsor Way with Brighton Lane a 50 foot wide road; thence continuing along the right-of-way radius and along the eastern right-of-way line of Brighton Lane the following two courses, along a curve to the right, having a radius of 15.00 feet, an arc length of 20,90 feet, said arc being subtended by a chord and bearing of North 62 degrees 46 minutes 35 seconds West a distance of 19.25 feet to a point; thence continuing North 22 degrees 51 minutes 30 seconds West a distance of I 11.47 feet to a point, said point being the southwest comer of Lot No. 38 as shown on the final subdivision plan of Victoria Glen (Phase 1); thence continuing along the southern line of said Lot No. 38, and along a portion of the southern line of Lot No, 39 respectively North 72 degrees 28 minutes 20 seconds East a distance of 103.60 feet to a point, said point being the northwest comer of the aforementioned Lot No. 2; thence continuing along the western line of Lot No. 2 South 18 degrees 43 minutes 23 seconds East a distance of 129.22 feet to a point, said point being the point and place of BEGINNING. Tax Parcel #99-18-1304-173 Being known as 2 Brighton Lane, Camp Hill, PA 17011 Columbia National, Inc. Plaintiff Vs. Edward V. Moyle Sandra A. Moyle Defendant(s) : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. the 01-809-Civil Term A~FIDAVIT PURSUANT TO RULE 3129.1 Col~hia National. Inc., Plaintiff in the above action, by its attorney, Joseph Goldbeck, Jr., Esquire, sets forth as of date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2 Brighton Lane. Ca-%p Hill, PA 17011. Name Edward V. Moyle Sandwa A. Moyle 2. Name and address of owner(s) or reputed owner (s): Address (if address cannot be reasonably ascertained, please so indicate) 204 ~eorgetown Road Mechanicsburg, PA 17050 204 ~eorgetown Road Mechanicsburg. PA 17050 Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAMR. Am AROVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Name and address mortgage of record: Address (if address cannot be reasonably ascertained, please so indicate) Name Cnmmercial Credit Cor~. of the last recorded holder of every Address (if address cannot be reasonably ascertained, please so indicate) 236 W. RT. 38 ~165 Moorestown. NJ 08057 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) ~,mherland Co,,nty De~t. of Dmmestic Relations P.O. BOX 320 Carlisle. PA 17013 Pa De~t. of P~,hllc Welfare Bureau of Child S~A~ort Enforcmment Health and Welfare Bldg. Room 432 P.O. Box 2675 Harrisburg, PA 17105 Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. #4904 relating to unsworn falsification to authorities. April 24, 1998 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 (2~5) 627-1322 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Columbia National, Vs. Civil Term Edward V. Moyle Sandra A. Moyle Inc. CUMBERLAND COUNTY CIVIL DIVISION NO. 01-809- CERTIFICATION JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby states that he is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because it is: CoS. ( ) ( ) (x) an FHA Mortgage non-owner occupied vacant Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. § 4904 relating to unsworn falsification to authorities. GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500-The Bourse Bldgo 111 S. Independence Mall East Philadelphia, PA 19106 {215) 627-1322 Columbia National, Inc. Vs. Edward V. Moyle Sandra A. Moyle ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 01-809-Civil Term CUMBERLAND COUNTY VERIFICATION OF NON-MILITARY SERVICE JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendants are 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 Act of Congress of 1940, as amended. of age, 17050. (b) that and resides defendant Edward V. Moyle, is over 18 years at 204 Georgetown Road,Mechanicsburg, PA of age, 17050. (c) that defendant Sandra A. Moyle, is over 18 years and resides at 204 Georgetown Road, Mechanicsburg, PA This statement is made subject to the penalties of Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 18 April 24, 1998 GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney IoD. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 ~215) 627-1322 ATTORNEY FOR PLAINTIFF Columbia National, Inc. Plaintiff Vs. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Edward V. Moyle Sandra A. Moyle : NO.01-809-Civil Term Defendant (s) NOTICE OF SHERIFF'S SALE OF RgAL ESTATE TO: Edward V. Moyle 204 Georgetown Road Mechanicsburg, PA 17050 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT A/qD A/gY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 2 Brighton La~e, C~p Hill, PA 17011. is scheduled to be sold at the Sheriff's Sale on S~t,~her ~ at 10:00 a.m., in Cumberland Count/, Cumberland County Courthouse, Commissioners Hearing Room, 2n Floor, Carlisle, PA 17013 to enforce the court judgment of $163.675.71 obtained by Col~mhia National, Inc. (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ARLE TO PRk"V~.NT THIS S~RRIFF'S SA?.E TO prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (215) 627-1322 2 o You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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 on page two on how to obtain an attorney.) YOU MAY STILL BE AmLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF T~E SHERIFF'S SA?.E DOES TA~R PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 627-1322. 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's office at C717) 240-6~90. 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 the 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 this 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within 30 days of the 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 posting of the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your home 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 W~ERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 'GOLDBEC~ 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 COLUMBIA NATIONAL INC 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff VS. EDWARD V. MOYLE AND SANDRA A. MOYLE 2 Brighton Lane Camp Hill, PA 17011 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW : ACTION OF MORTGAGE FORECLOSURE Term No. 01-809 Civil Term CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2(c)(2) 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 Sheriff's Office/competent adult (copy of return attached). ~ by Joseph A. Goldbeck, Jr. (original green Postal Certified mail return receipt attached). Certified mail by Sheriff's Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). )Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) of acknowledgment attached). Ordinary mail by Sheriff's Office to Attorney for Defendant(s) record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). ( (proof of 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/ BY. ~eph A. ~=y for I ~oldbeck, Jr. laintiff 0 z ~0 ~ ~W~ ~w ~wOW~ < OW~~ 7106 4575 1294 3042 99~0 To.SANDR,q A, MOYLE 204 Georgetown Road, Mechanicsburg, PA 17050 AFFIX pOSTAGE TO MAIL PIECE TO COVER FIRST CLASS POSTAGE, CERTIFtED FEE, RETUR~ RECEtPT FEE ANb CHARGES FOR ANY SELECTED OPI~IONAL SERVICES V lColu~bia National, Inc. Plaintiff Vs. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Edward V. Moyle Sandra A. Moyle : NO. 01-809-Civil Term Defendant (s) AFFIDAVIT PURSUANT TO RULE 3129.1 Col~,~hia National, Inc., Plaintiff in the above action, by its attorney, Joseph 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 2 Briqhton La~e, CaF~ Hill. PA 17011. Name Edward V. Moyle S~ndra A. Moyle 2. Name and address of owner(s) or reputed owner (s): Address (if address cannot be reasonably ascertained, please so indicate) 204 Georgetown Road Mec~nlcsburq, PA 17050 204 ~eor~etown Road Mechanicsbuvq. PA 17050 Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAM~.AR ~ROVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Commercial Credit Cor~. 236 W. RT. 38 #iI05 Moorestown. NJ 08057 5. · Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) ~,mherland Co~nty Dept. of Dnmestic RelatioDs P.O. Box 320 Carlisle. PA 17013 Pa Dept. of P,,hlic Welfare Bureau of Child Support Enforcement Health and Welfare Bldq. Room 432 P.O. Box 2675 Harrisburq, PA 17105 7 o Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. #4904 relating to unsworn falsification to authorities. Jos, ibeck, Jr. AttOrney f6'r ~laintiff Columbia National, Inc. VS Edward V. Moyle and Sandra A. Moyle In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-809 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Joseph Goldbeck, Jr. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 15.95 Levy 15.00 Advertising 15.00 Certified Mail .97 Poundage 16.06 Postpone Sale Law Journal 353.75 Patriot News 300.30 $819.19 paid by attorney 09-18-01 Sworn and subscribed to before me This lq dayofj~t~ 2001, A.D,C,J~__ ~. ~'C,..~,.; C~ Prothonotary So Answers: R. Thomas Kline, Sheriff Real Estate Deputy Columbia National, Inc. Plaintiff Vs. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Edward V. Moyle Sandra A. Moyle NO. 01-809-Civil Term De f endant ( s ) A~FIDAVIT PURSUANT TO RUL~ 3129.1 Coln~hia National, Inc., Plaintiff in the above action, by its attorney, Joseph 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 2 Brighton Lane, C~z~p ~i11, PA 17011. Name Name and address of owner(s) or reputed owner (s): Edward V. Moyle Sandra A. Moyle Address (if address cannot be reasonably ascertained, please so indicate) Name 204 Georgetown Road Mechanicsburg, PA 17050 204 Georgetown Roa~ Mechanicsburg, PA 17050 Name and address of defendant(s) in the judgment: Address (if address cannot be reasonably ascertained, please so indicate) Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: SAM~A~ ~OVE 3. Address (if address cannot be reasonably ascertained, please so indicate) Name Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Cnmmercial Credit Cor~. 236 W. RT. 38 ~165 Moorestow~. NJ 08057 REAL ESTATE SALE No. ~ ~n ~,~ '7,; oo / the snentt levied upon the aeten~; interest in the rea!~o~ ,~ ~,,, ,' £~.~: p~,~,~-~ -7~.~ Cumberland Count* :~l~3ered as: ~ o-~ Exhibit "A" filed wit~ this writ and by this rmer~,nc,~ ~r, cor'porated herein THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 24th and 31st day(s) of July and the 7th day(s) of August 2001. 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 Comp/any and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphi/i~ in M'~cellaneous Book "M', Volume 14, Page 317. y/ /.. PuB,,c^ ,o, .............................. ............................................. C O P Y Sworn to and ouboorib~d~bof~oj'~is 21~ay o~gust 2001 A.D. S A L E #9 NotariatSeal / '~/. ~{/ / /'/~/' ' My Come--on E~res June S, ~00'~' I /I~0TAI~ PUBLIC Mefffi~', Pemlsylvanta Assoc.,~tioe et Netafle~ly commission expires June 6, 2002 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 Probating same Notary Fee(s) Total $ 298.80 $ 1.50 $ 300.30 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. 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 thc Cotmty 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 thc regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TATE S~LLE NO. 9 Writ No. 2001 809 Civil Columbia National, Inc. VS. Edward V. Moyle and Sandra A. Moylc Atty.: Joseph A. Goldbeck, Jr. ALL THAT CERTAIN lot or tract of land situate in the Township of East Pennsboro, Cumberland Coun ty and Commonwealth of Pennsyi vania, more particularly bounded and described as follows to wit: BEGINNING at a point on the northern right-of-way of Windsor Way a 50 foot wide road, said point al~o betng the ~outhwest comer of Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 LOIS E. ~d~fDER, No~m/PulSe Canto Boro, Cum~da.d County GOLDBECK, McCAFFERTY & McKEEVER Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff COLUMBIA NATIONAL INC 7142 Columbia Gateway Drive Columbia, MD 21046-2132 vs. EDWARD V. MOYLE AND SANDRA A. MOYLE (Mortgagor(s)) 2 Brighton Lane Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Term No. 01-809 Civil Term PRAECIPE TO SETTLE, DISCONTIN~3E AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, upon payment of your costs only. / GOLDI Discontinued and Ended CK, JR., ESQUIRE GOLDBECK, McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff COLUMBIA NATIONAL INC 7142 Columbia Gateway Drive Columbia, MD 21046-2132 vs. EDWARD V. MOYLE AND SANDRA A. MOYLE (Mortgagor(s)) (Record Owner(s)) 2 Brighton Lane Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CL~4BERL~ND COUNTY Term No. 01-809 Civil Term PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly satisfy the judgment in the above upon payment of your costs only. JOSEph'., captioned matter ESQUIRE