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Home My WebLink About05-0004GOLDBECK 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 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 vs. CONRAD B. HOLZER Mortgagor and Real Owner 901 Bridge Street Drexel Hills, PA 17070 Plaintiff Defendant NOTICE CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term CIVIL ACTIN: MORTGAGE F OOP-CLfi&JK s - _y cat 0 1' (,`???-? ? You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 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. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call Pennsylvania Housing Finance Agency at 800-342-2397 for a counseling agency in your neighborhood. 3). Visit HUD'S website www.hud.gov/offices/hsg/sfh/econ/econ.cfm for Help for Homeowners Facing the Loss of Their Homes. 4). Call your lender 800-641-4978 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Carol at 215-825-6329 or Nancy at 215-825-6358 or fax 215-825-6429 or 215-825-6458. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is Edward Sparkman who can be reached at 215-825-6318 or Fax: 215-825- 6418. Please reference our Attorney File Number of CWD-4119. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4, 7105 Corporate Drive, PTX B-35 Plano, TX 75024-3632. 2. The name and address of the Defendant is CONRAD B. HOLZER, 901 Bridge Street, New Cumberland, PA 17070-1629, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On August 31, 1995 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to PROVIDENT MORTGAGE CORP. T/A CONSOLIDATED MORTGAGE CORP., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book: 1280 Page: 423. The mortgage has been assigned to: THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4 by Assignment of Mortgage which Assignment is lodged for recording. The Mortgage and Assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g) which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit «A" 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due July 01, 2004, 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 $66,285.79 Interest from 06/01/2004 $3,107.27 through 12/31/2004 at 8.0000% Per Diem interest rate at $14.52 Reasonable Attorney's Fee $1,250.00 If the Mortgage is reinstated prior to a Sheriff's Sale the Attorney's Fees may be less than this amount based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance ($3,314.29) in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Late Charges from 07/01/2004 to 12/31/2004 $162.35 Monthly late charge amount at $27.06 Costs of suit and Title Search $900.00 Monthly Escrow amount $134.58 $71,705.41 7. Plaintiff is hot seeking a judgment of personal liability (or in personam judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant 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. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $71,705.41, together with interest at the rate of $14.52, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law, and for the foreclosure of the Mortgage and Sheriff's Sale of the By: CAFFERTY & McKEEVER GOLDBECK, JR., ESQUIRE PLAINTIFF VERIFICATION I, Michael D. Vestal, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: 1 Z-,M'o / AAmwi). V??4- Michael D. Vestal COUNTRYWIDE HOME LOANS INC. ExhheitA Legal Description: (As shown on Mort¢aee) ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN SIDE OF BRIDGE STREET AT ITS INTERSECTION WITH THE NORTHERN SIDE OF 9'*" STREET; THENCE ALONG THE EASTERN SIDE OF BRIDGE STREET IN A NORTHERLY DIRECTION A DISTANCE OF TWENTY AND SIXTY-TWO HUNDREDTHS (20.62) FEET TO A POINT; THENCE EASTWARDLY THROUGH THE DIVIDING WALL BETWEEN THE HEREIN DESCRIBED PREMISES AND THE PREMISES IMMEDIATELY ADJACENT TO THE NORTH (SAID ADJACENT PREMISES BEING NO.903 BRIDGE STREET) AND BEYOND A DISTANCE OF ONE HUNDRED THREE (103) FEET, MORE OR LESS, TO THE WESTERN SIDE OF A TEN (10) FOOT WIDE ALLEY; THENCE ALONG THE WESTERN SIDE OF SAID ALLEY IN A SOUTHERLY DIRECTION A DISTANCE OF TWENTY AND SIXTY-TWO HUNDREDTHS (20.62) FEET TO THE NORTHERN SIDE OF 9"' STREET; THENCE ALONG THE NORTHERN SIDE OF 97H STREET IN A WESTERLY DIRECTION A DISTANCE OF ONE HUNDRED (100) FEET TO THE EASTERN SIDE OF BRIDGE STREET AT THE POINT OR PLACE OF BEGINNING. HAVING THEREON ERECTED THE SOUTHERN HALF OF A 2112 STORY DOUBLE FRAME DWELLING HOUSE AND KNOWN AND NUMBERED AS NO. "I BRIDGE STREET, NEW CUMBERLAND, PENNSYLVANIA. ?fiifiit B Counbywidir HOME LOANS YOUR HOME FROM FORECLOSURE Please write your account number on all checks and correspondence. atAPAI 612Br2000 T Account Number: 7122424-0 Conrad 8 Holzer 901 Bridge Street Balance Due for charges raced above: $1,257.89 as of October 5, 2004 Arwyrto=(Wh FQA bo dwtrdhr dyrdnm.d a rr(aadpWoK alit awn apesdyww a P W"Wbya+pk"1W- SLOPAI AtNeoe/i ftdpl AdditW F4tlex Countrywide P.O. Box 660694 low Dallas, TX 75266-0694 Ipa*WW ??/11(Ilt(tfl?lll'(Itll(FI((cull((11'1?111(fl((1(Ilt(11?11(1?( SEE OTHER 810E FOR IMPORTANT MFONAMON Pb-Mnot M.bd-eIS* . Send Correspondence to. P.O. Box 260599 Plano. 7X 75026.0599 Send PeArlents to: P.O. Bar wow Dam 7X 752660694 Draxal Fes, PA17070-0000 August 31, 2004 Certyied Mail No. Return Receipt Requested Regular Mail Account No.: 7122424 Property Address: 901 Bridge Street Conrad B Holzer Drexel His, PA 901 Bridge Street Drexel Hills, PA 17070-0000 Current Service: Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE This is an official notice that the morkmas on your home Is In default. and the lender Intends to foreclose. Specific information about the nature of the default Is provided In the attached owes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice exulains how the program works. To we if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUP4SELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with volt when you-meet with the Courtselinq AtaenW. The names, addresses and phone numbers of Consumer Credit Counseling Agencies serving vour Countv are listed at the and of this Notice. If you have any questions, you may call the Pennsylvania Housinq Finance Agerarv toll free at 1-800.342`2397. (Persons with impaired hearing can call 1-717-780-1869.) This Notice contains important legal information. If you have arty questions, representatives at the Consumer Credit Counseling Agency may be able to help explain It. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA N011FICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGBBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERiSERVICER: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS 007122424000000125789000125789 ssso (alter ' IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBRITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-five (35) days from the date of this Notice. During that time you must arrange and attend a "face-to- face" meeting with one of the consumer credit counseling agencies listed at the and of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (35) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty-five (35) days after the date of this meeting. The spre& addresses and telephone numbers of designated consumer credit counselina agorrms for the county in which the arovertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender Immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific Information about the nature of your default.) If you have tried and are unable to resolve this problem with the leader, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and fie a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-five (35) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the sigi ility criteria established by the Act. The Pennsyvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requfremerds; set forth above. You will be notified directly by the Pennsylvania Housing Frtance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FLING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (N you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at. 901 Bridge Street, Drexel Hills, PA IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due Mgnthly Pavments: 676.47 1,352.94 Other charges (expiairtriemize): Late Charges: 27.06 54.12 Other Charges: Uncollected Late Charges: .00 Uncollected Costs: .00 TOTAL AMOUNT PAST PUE: $1.257.89 I PAYMENT INSTRUCTIONS please • Make your check payable to Countywide Home Loans Don't attach your check to the payment coupon • Write your account number on your clwdr or money order Deal include correspondence • Write in any additional amounts you are including. (H Don't send cash total is more then 111M, please send carlilfed check) Payments: All payments will be applied to the longest outstaMhy installment due, unless otherwise expressly prohibited by law. All premium payments for credit Be insurance will be applied afMr appacation of any principal and interest payments due, but before very other amounts due on yaw ban an applied. Addillonal smomis. It you submit an additional principal amount, an additional escrow amount aWor an Whee amount with your regalarhome ben payment of principal and Werest, Countrywide will that apply your home ban payment before any addilmal amount is applied. If your home loan payments are nol current, Countrywide will first apply any additional principal amount andfor additional escrow amount to outstanding principal and interest payments due before either additional amount is applied, Arty additional amount specified as 'other' Will be applied first to peat due principal and Interest payments, then escrow def clencles, then late charges, then fees and costs l due, then outstanding principal ti B YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use t not awficable) HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY-FIVE (35) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,257.89, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments rnust be made ether by cash. cashiers check, cWIfIgd check or monev order made payable and sent to Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. You can cure arty other default by takinc the following action within THIRTY (30) DAYS of the date of this letter. (Do not use t not api*able) IF YOU DO NOT CURE THE DEFAULT - It you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly instalbnents, t full payment•of the total amount past due Is rat made within THIRTY (30) DAYS, the lender also Intends to instruct Is attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt.'lf the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, t legal prooeedngs are started against you, you will have to pay all reasonable attorneys fees actually incurred by the lender event they exceed,$50.00. Any attorney's fees-will be added to the amount you owe the tender, which may ebb include other reasonable costs. 9 you cure the default 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 personally for the unpaid principal balance and a0 other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY- FIVE (35) DAY period and foreclosure proceedings have begun, you still have. the right to cure the default and prevent the sale at anytime up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other Charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default In the manner set forth in this notice will restore your mortgage to -the same position as It you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - it is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be serd to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at arty time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender. Countrywide Home Loans Servicing LP Address: P. 0. Box 260599 Dallas, TX 75026-0599 Phone Number: 1-600-6694578 Fax Number: 1-M-577-3432 Contact Person; David Glover, AfS P7X 34 Attention. Loan Counselor EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will and your ownership of the mortgaged property and your right to occupy it. If you continue to rive in the property after the Sherffs sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You ._-may or may not (CHECK ONE) set or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees andcosts are paid prior to or at the sale and that the other requirements of the mortgage are satisfied YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD-OCCURRED, IF YOU CURE 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. Time is of the essence. Should you have any questions concerning this notice, please contact Cou *ywide's office immediately at 1-800-669-4578, extension 9218. David Glover Loan Counselor 1-BOO-669-4578, extension 9218 This communication Is from a debt collector. -C t.J SHERIFF'S RETURN - REGULAR CASE NO: 2005-00004 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS HOLZER CONRAD B HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOLZER CONRAD B DEFENDANT the , at 1941:00 HOURS, on the 6th day of January , 2005 at 901 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to CONRAD B HOLZER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 12.58 Affidavit .00 Surcharge 10.00 .00 40.58 Sworn and Subscribed to before me this J4 day of C l YIAAI?..? may/ O? A.D. So Answers: R. Thomas Kline 01/07/2005 GOLDBECK MCCAFFERTY MCKEEVER By: 71, / Deputy Sh riff Prothonotary GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Poldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW CONRAD B. HOLZER (Mortgagor(s) and Record owner(s)) 901 Bridge Street Drexel Hills, PA 17070 Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 05-4 Civil Term ORDER FOR JUDGMENT Please enter Judgment in favor of THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4, and against CONRAD B. HOLZER for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $73,076.05. n Joseph A. G Attorney for I hereby certify that the above names are correct and that the prec s hsi4ence address of the judgment creditor is THE BANK OF NEW YORK AS TRUSTEE FOR THE CER ICATEHOLDERS OF CWMBS 2003 -R4 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 and th the name(s) and last known address(es) of the Defendant(s) is/are CONRAD B. HOLZER, 901 Bridge Street New Cumberland, PA 17070- 1629; GOLDBECK ERTY & McKEEVER BY: Joseph A? Jr. Attorney for Pla ti ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: or Kindly assess the damages in this case to be as follows: Principal Balance $66,285.79 Interest from 06/01/2004 through $3,992,99 03/02/2005 REASONABLE Attorney's Fee $1,250.00 Late Charges $243.53 Costs of Suit and Title Search $900.00 Escrow Balance Deficit $403.74 ($0.00) $73,076.05 GOLDBECK] BY: Joseph A. Attorney for P. & McKEEVER AND NOW, this / ' - day of PL-1112 ? ' 2005 damages are assessed as above. Pro Prothy i 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, CONRAD B. HOLZER, is about unknown years of age, that Defendant's last known residence is 901 Bridge Street, New Cumberland, PA 17070-1629, 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. In the Court of Common Pleas of Cumberland County THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. CONRAD B. HOLZER (Mortgagor(s) and Record Owner(s)) 901 Bridge Street Drexel Hills, PA 17070 Defendant(s) PRAECIPE FOR JUDGMENT No. 05-4 Civil Term 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 CONRAD B. HOLZER by default for want of an Answer. Assess damages as follows: Debt $73,076.05 Interest- 06/01/2004 to 03/02/2005 Total (Assessment of Damages attached) 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 $ prior to the date of the is to be entered and to his attorney of record, if any, after the default occurred and at Mdayh filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 / Joseph A. Gold " Attorney for Pla' I.D. #16132 ?y ti I AND NOW Nn 2 C / 06T gme t is entered in favor of THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWM S 2003 -R4 and against CONRAD B. HOLZER by default for want of an Answer and damages assessed in the sum of $73,076.05 as e the above certification. Prothonotary CWD-4119 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLF,CT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: CONRAD B. HOLZER 901 Bridge Street New Cumberland, PA 17070-1629 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWM 3S 2003 -R4 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. CONRAD B. HOLZER (Mortgagor(s) and Record Owner(s)) 901 Bridge Street Drexel Hills, PA 17070 Defendant(s) TO: CONRAD B. HOLZER DATE OF THIS NOTICE: January 27, 2005 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 05.4 Civil Term 901 Bridge Street New Cumberland, PA 17070-1629 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 9 Irrine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK WCAFFERTY& MCKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attomey for Plaintiff Suite 50M - Mellon b,deperulmoe Center. 701 Market Street 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 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. CONRAD B. HOLZER (Mortgagors and Record Owner(s)) 901 Bridge Street Drexel Hills, PA 17070 Defendant(s) No. 05-4 Civil Term 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 Prothonotary Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 V 0 YP ^? , Y C5 4i PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 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 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW CONRAD B. HOLZER ACTION OF MORTGAGE FORECLOSURE Mortgagor(s) and Record Owner(s) 901 Bridge Street Drexel Hills, PA 17070 No. 05-4 Civil Term Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 06(0112004 to 03/02/2005 at 8.0000% $73,076.05 (Costs to be added) N L r ?? a U\ ? y c? aa-? 8 ? V ?c N t-7 s a l Jl 4J Tl T{ ?v z7 H ?;+ M et ?W O P+ F? ? ?' U F^ ? ? `f' w0 O ? ?, NU ? 'V w '? q 0 ? A 0 o d w x, 'Z,O OU w ? ? r W? x N N r N rv w W O N? w ? W V O °; o O ? ? a, w ? ?mx ?? ?o ? ? ? O o ww ? Q Wa• o? U ou U o `? v? d? dv d? J .p Q ? Y ?N F N ? N w d JL `? !` ? y ? ?i A ? al N d ? N'?? ? L1 m ? -°d N u r' ??a r 6, ? ° a %o m t? ALL THAT CERTAIN TRACT OF LAND SITAUTE IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POIJNT ON THE EASTERN SIDE OF BRIDGE STREET AT ITS INTERSECTION WITH THE NORTHERN SIDE OF 9T" STREET; THENCE ALONG THE ESATERN SIDE OF BRIDGE STREET IN A NORTHERLY DIRECTION A DISTANCE OF 20.62 FEET TO A POINT; THENCE EASTW ARDLY THROUGH ]'HE DIVIDING WALL BETWEEN THE HEREIN DESCRIBED PREMISES AND THE PREMISES IMMEDIATELY ADJACENT TO THE NORTH (SAID ADJACENT PREMISES BEING NO. 903 BRIDGE STREET) AND BEYOND A DISTANCE OF 103 FEET, MORE OR LESS, TO THE WESTERN SIDE OF A 10 FOOTE WIDE ALLEY; THENCE ALONG TI IF WESTERN SIDE OF SAID ALLEY IN A SOUTHERLY DIRECTION A DISTANCE OF 20.62 FEET TO THE NORTHERN SIDE OF 9"" STREET; THENCE ALONG THE NORTHERN SIDE OF 9T" STREET IN A WESTERLY DIRECTION OF 100 FEET TO THE EASTERN SIDE OF BRIDGE. STREET AT THE POINT OR PLACE OF BEGINNING. HAVING THEREON ERECTED THE SOUTHERN HALF OF 2'/z STORY DOUBLE FRAME DWELLING ]]OUSE AND KNOWN AND NUMBERED AS 901 BRIDGE STREET, NEW CUMBERLANDYA . PARCEL NO. 26-24-0811-245 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003-R4, Plaintiff (s) From CONRAD B HOLZER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $73,076.05 L.L. $.50 Interest FROM 611104 TO 3/2/05 AT 8.0000% Any's Comm % Due Prothy $1.00 Arty Paid $122.58 Other Costs Plaintiff Paid Date: MARCH 7, 2005 CURTIS R. LONG Prothonota (Seal) Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDEN CE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 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 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. CONRAD B. HOLZER Mortgagor(s) and Record Owner(s) 901 Bridge Street Drexel Hills, PA 17070 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 05-4 Civil Term CERTIFICATION AS TO THE SALE OF REAL PROPERTY 1, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. ? 4 r''__ ;;n -y r5: n'? ..'??;; 1`1 C;-t .? _'ttJ 1 ?;?f .,.1 i..?C.? J??i ? `, ??`r yl"Ct l:.~ ? ._ G.}1 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Markei Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 - R4 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. CONRAD B. HOLZER of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE (Mortgagor(s) and Record Owner(s)) 901 Bridge Street Drexel Hills, PA 17070 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 05-4 Civil Term THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4, 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: 901 Bridge Street Drexel Hills, PA 17070 1.Name and address of Owner(s) or Reputed Owner(s): CONRAD B. HOLZER 901 Bridge Street New Cumberland, PA 17070-1629 2. Name and address of Defendant(s) in the judgment: CONRAD B. HOLZER 901 Bridge Street New Cumberland, PA 17070-1629 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS 4. Name and address of the last recorded holder of every mortgage of record: TMS MORTGAGE INC D/B/A THE MONEY STORE 1625 N. MARKET STREET STE 320 SACRAMENTO, CA 95834 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 901 Bridge Street Drexel Hills, PA 17070 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: March 2.2005 GOLDBECK Y & McKEEVER BY: Joseph A. ec Jr. Esq. Attorney for PI i X4.1 ? .,...? c? aiY1 t4 C: i 05-4 Civil Tetra 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 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 R4 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. CONRAD B. HOLZER Mortgagor(s) and Record Owner(s) 901 Bridge Street Drexel Hills, PA 17070 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-4 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: HOLZER, CONRAD CONRAD B. HOLZER 901 Bridge Street New Cumberland, PA 17070-1629 Your house at 901 Bridge Street, Drexel Hills, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, June 08, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $73,076.05 obtained by THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: IN THE COURT OF COMMON PLEAS 1 _ The sale will be cancelled if you pay to THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 05-4 Civil Term 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. 5. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 c> ? o L"'3 SJ 1 'j ? T- -n ?u _. r i F i ;, ?` ? ;7 t '? a C? -?-?, -: i C"3 l., 4i- 'fTl ?}?l ?? The Bank of New York In The Court of Common Pleas of VS Cumberland County, Pennsylvania Conrad B. Holzer Writ No. 2005-04 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Joseph A. Goldbeck. Sheriff s Costs Docketing 30.00 Surcharge 20.00 Poundage 92.00 Levy 15.00 Mileage 25.16 Advertising 15.00 Posting Handbills 15.00 Share of Bills 16.47 Law Journal 147.60 Patriot News 166.01 Law Library .50 Prothonotary 1.00 $ 543.74 Sworn and subscribed to before me So Answffs: This day of R. Thomas Kline, Sheriff 2005, A.D. J BY • Cd,,, Ywtk/ I ? Prothonotary Real E to Deputy v Sh SL'?1-7 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 R4 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 - IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW CONRAD B. HOLZER ACTION OF MORTGAGE FORECLOSURE (Mortgagor(s) and Record Owner(s)) 901 Bridge Street Drexel Hills, PA 17070 Defendant(s) No. 05-4 Civil Terni AFFIDAVIT PURSUANT TO RULE 3129 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praccipe for the writ of execution was filed the following information concerning the real property located at: 901 Bridge Street Drexel Hills, PA 17070 LName and address of Owner(s) or Reputed Owner(s): CONRAD B. HOLZER 901 Bridge Street New Cumberland, PA 17070-1629 2. Name and address of Defendant(s) in the judgment: CONRAD B. HOLZER 901 Bridge Street New Cumberland, PA 17070-1629 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O, Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: TMS MORTGAGE INC D/BJA THE MONEY STORE 1625 N. MARKET STREET STE 320 SACRAMENTO, CA 95834 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 901 Bridge Street Drexel Hills, PA 17070 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: March 2, 2005 GOLDBECK PnN & McKEEVER BY: Joseph A, Esq. T, 05-4 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 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 R4 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff W CONRAD B. HOLZER Mortgagor(s) and Record Owner(s) 901 Bridge Street Drexel Hills, PA 17070 CIVIL ACTION - LAW of Cumberland County ACTION OF MORTGAGE FORECLOSURE Term No. 05-4 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: HOLIER, CONRAD CONRAO B. HOLZER 901 Bridge Street New Cumberland, PA 17070-1629 Your house at 901 Bridge Street, Drexel Hills, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, June 08, 2005, at 10:00 AM, in Commissioners Hearing Rot 2nd FL Courthouse to enforce the court judgment of $73,076.05 obtained by THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: IN THE COURT OF COMMON PLEAS I. The sale will be cancelled if you pay to THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 05-4 Civil Term 2. You maybe 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 Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale- YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ALL THA' CERTAIN TRACT OF LAND SITAUTE IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POIJNT ON THE EASTERN SIDE OF BRIDGE STREET AT ITS INTERSECTION WITH THE NORTHERN SIDE OF 9TH STREET; THENCE ALONG THE EAATERN SIDE OF BRIDGE STREET IN A NORTHERLY DIRECTION A DISTANCE OF 20.62 FEET TO A POINT; THENCE EASTWARDLY THROUGH THE DIVIDING WALL BETWEEN THE HEREIN DESCRIBED PREMISES AND THE PREMISES IMMEDIATELY ADJACENT TO THE NORTH (SAID ADJACENT PREMISES BEING NO. 903 BRIDGE STREET) AND BEYOND A DISTANCE OF 103 FEET, MORE OR LESS, TO THE WESTERN SIDE OF A 10 FOOTE WIDE ALLEY; THENCE ALONG THE WESTERN SIDE OF SAID ALLEY IN A SOUTHERLY DIRECTION A DISTANCE OF 20.62 FEET TO THE NORTHERN SIDE OF 9'-f' STREET; THENCE ALONG THE NORTHERN SIDE OF C) TI STREET IN A WESTERLY DIRECTION OF 100 FEET TO THE EASTERN SIDE OF BRIDGE STREET AT THE POINT DR PLACE OF BEGINNING. HAVING THEREON ERECTED THE SOUTHERN HALF OF 2 "/ STORY DOUBLE FRAME DWELLING HOUSE AND KNOWN AND NUMBERED AS 901 BRIDGE STREET, NEW CUMBERLAND.PA . PARCEL NO. 26-24-0811-245 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003-114, Plaintiff (s) From CONRAD B HOLZER (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an 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 573,076.05 L.L. $.50 Interest FROM 671104 TO 312!05 AT 8.0000% Arty's Comm % Due Prothy $1.00 Atty Paid $122.58 Other Costs Plaintiff Paid Date: MARCH 7, 2005 CURTIS R. LONG Prothonotary (Seal) Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDEN CE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale #47 On March 10, 2005 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 901 Bridge Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 10, 2005 By: J `6G Real Estat Deputy ££ ;b 'd b- HVW 5002 C?-ro Gv? Vd '?lPdlluJ Ut t i; iejd;'iu JJ10HS 3N! ?t13J1??0 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 26th day(s) of April and the 3rd day(s) of May 2005. 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 County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ........ rs 25th day COPY Sworn to and%uWcribed befor?t,?Z SALE 947 My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE rr r r CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 166.01 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. By .................................................................... FOAL NNUat SALE No. 47 CNNTOM TM Sw*orMmYork=Tnmfto for 166eaM Holdtns of 20DD4A Ys Conrad L flolasr. Atty. Joseph Gohlbeck DESCRVMN ALL IRC CE>RTABlnsd of bW situate m On BwO* of New C®6elasd, C\wbatawt -Cady, Praayhama, mde PKWWady boaaM anddesa.Mdssfo m,towit PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L1784 COMMONWEALTH 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 15, 22, 29, 2005 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. sa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 29 day of April LOIS E. SWDER, Notary Pubkc Carksle Boro, Cumberland County My Commiesion Zq*as March 5, 2009 REAL ESTATE BALE NO. 47 Writ No. 2005-4 Civil The Bank of New York, as Trustee for the Certificate Holders of CWMBS 2003-R4 vs. Conrad B. Holzer Atty.: Joseph Goldbeck ALL THAT CERTAIN tract of land situate in the Borough of New Cum- berland, Cumberland County, Penn- sylvania, more particularly bounded and described as follows, to wit: BEGINNING at a poijnt on the eastern side of Bridge Street at its intersection with the northern side of 9th Street; thence along the esatern side of Bridge Street in a northerly direction a distance of 20.62 feet to a point; thence east- wardly through the dividing wall between the herein described prem- ises and the pretises immediately adjacent to the north (said adjacent premises being No. 903 Bridge Street) and beyond a distance of 103 feet, more or less, to the western side of a 10 Foote wide alley: thence along the western side of said alley in a southerly direction a distance of 20.62 feet to the northern side of 9th Street; thence along the northern side of 9th Street in a west- erly direction of 100 feet to the east- ern side of Bridge Street at the point or place of beginning. HAVING THEREON ERECTED the southern half of 2 1/2 story double frame dwelling house and known and numbered as 901 Bridge Street, New Cumberland, PA. PARCEL NO. 26-24-0811-245. r. ? GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003 -R4 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 05-4 Civil Term CONRAD B. HOLZER 901 Bridge Street Drexel Hills, PA 17070 Defendant PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE ?n ?' ;; ? = v" CJ1 ? c.`"? -;, _ ?-'? ' ? --. ? - ? ? ?