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Home My WebLink About02-0904BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE, PLAINTIFF V. SHIRLEY R. LINKEY and HERBERT D. LINKEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-904 CIVIL MOTION FOR CONTINUANCE AND RULE TO SHOW CAUSE WHY PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT SHOULD NOT BE DISMISSED WITH PREJUDICE AND NOW, this -IL&{ day of July 2002, the Defendants, Shirley Linkey and Herbert Linkey, by and through their attorney, Austin F. Grogan, Esq., aver the following: 1. On or about February 21, 2002 the Plaintiff filed a foreclosure action in the Court of Common Pleas at the above docket number; 2. On or about March 7, 2002 the Defendants filed a responsive pleading to the original complaint; 3. From March 7, 2002 to May 16, 2002 the defendant attempts to negotiate in good faith with the Plaintiff to resolve the dispute regarding missed payments; 4. On or about May 15, 2002 the Defendants filed a response for request of admissions, which was forwarded to counsel; 5. On or about May 13, 2002 the undersigned counsel and Attorney Marc Weisberg discussed the status of the case and the fact that there is a dispute as to which checks were received by the bank and which checks were returned for insufficient funds; 6. Undersigned counsel summarized the phone call in a letter to Attorney Weisberg in a letter dated May 28, 2002 (copy attached); 7. On or about May 22, 2002 the Plaintiff filed a Motion for Summary Judgment, when in fact Plaintiffs counsel knew that there was a factual dispute as to which checks were received and which checks were missing; 8. On or about May 31, 2002 Plaintiffs counsel faxed to the undersigned attorney a Praecipe to Withdraw the Motion for Summary Judgment indicating that the Motion filed was withdrawn 9. Undersigned counsel relied on the facts that the Motion for Summary Judgment, along with the Motion for Oral Argument would be withdrawn; 10. On or about July 11, 2002 the Cumberland County Prothonotary office notified the undersigned counsel that the case is ready for argument on July 24, 2002; 11. The undersigned counsel is currently scheduled for military duty July 18, 2002 through August 3, 2002 and is unavailable for oral argument; 12. Furthermore, undersigned counsel relied on Plaintiffs counsel in that the Motion was being withdrawn, and has not filed a responsive answer to the Motion for Summary Judgment or briefs. 13. The undersigned counsel received a fax on Monday, July 15, 2002 indicating Attorney Marc Weisberg is unavailable until July 24, 2002. WHEREFORE, the defendant's respectfully request this Honorable Court to continue the oral argument scheduled for July 24, 2002 until the next term of court and issue a rule upon Plaintiff's as to why their Motion for Summary Judgment should not be dismissed with prejudice based on representations by Plaintiff's counsel dated May, 31, 2002. Respectfully submitted, Date '? t* bti Austin F. Gro an, s ire 24 North 32nd S et Camp Hill, PA 17011 (717) 737-1956 Attorney for Defendants I.D. #59020 ATTORNEY AT LAW 24 North 32nd Street Camp Hill, PA 17011 Telephone (717) 737-1956 Fax (717) 761-5319 May 28, 2002 Marc Weisberg, Esq. MCCABLE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 Re. Bankers Trust Company of CA v. Shirley and Herbert Linkey No. 02-904 Civil Dear Mr. Weisberg: This will confirm receipt of your Motion for Summary Judgment and summary of our phone conversation during the week of May 13, 2002 when we discussed the Linkey case and the factual dispute as to the checks that were negotiated and not recorded by the bank. As you may remember we had a discussion about payments that your client claimed were not received or received but returned for insufficient funds. My client claims that those checks were negotiated, paid in full, as well as money orders were sent to the bank. Furthermore, I forwarded copies of those checks in my April 1 and April 3, 2002 letters outlining the payments that have been made since September 2001 through April 2002. During the conversation you conceded that there was a factual dispute and that the Summary Judgment would be denied. I summarize my recollection of the phone conversation because I am intending on responding to your Motion for Summary Judgment and outlining the phone conversation during the week of May 13, 2002 where you conceding the point that there is a factual dispute. I believe this Motion for Summary Judgment is just a frivolous attempt to create havoc with my client. Furthermore, in the Response for Summary Judgment I will be filing affidavits identifying checks that were sent to your client and the checks that cleared the bank. I share this information with you in hopes that you will reconsider your Motion for Summary Judgment and withdraw your Motion. If your client is claiming that these checks were returned for insufficient funds or they never received the money orders then that is a factual dispute that you conceded during our phone conversation and I believe that your Motion for Summary Judgment is without merit. Marc'Weisberg, Esq. May 28, 2002 Page 2 Please review your file and if my recollection of our phone conversation is incorrect please get back with me as soon as possible. Sincerely, Austin F. Grogan, q.3 AFG/rr Cc: Shirley and Herbert Linkey Johnna J. Kopecky, Esq. y l7 _ ? } McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bankers Trust Company of California, N.A. as Custodian or Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 V. Shirley R. Linkey 319 Faulkner Street Camp Hill, PA 17011 and Herbert D. Linkey 319 Faulkner Street Camp Hill, PA 17011 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO 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 this 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 claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. Le han demandado a usted en La corte. Si usted quiere defenderse de estas demandas ex-puestas an Las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notificacion. Hace falta asentar Una comparencia escrita o an persona o con un abogado y entregar a la corte an forma escrita sus defensas o sus objeciones a Las demandas an contra de su persona. sea avisado qua si usted no se defiende, la corte tomara medidas y puede continuar la demands an contra suya sin previo aviso o notification. Ademas, Is corte puede decidir a favor del demandante y requiere qua usted cumpla con todas Las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pars usted. 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 TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of Cumberland County California, N.A. as Custodian or Court of Common Pleas Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 V. Shirley R. Linkey 319 Faulkner Street Camp Hill, PA 17011 and Herbert D. Linkey 319 Faulkner Street Number Camp Hill, PA 17011 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Bankers Trust Company of California, N.A. as Custodian or Trustee, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Shirley R. Linkey, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 319 Faulkner Street, Camp Hill, PA 17011. 3. The Defendant is Herbert D. Linkey, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 319 Faulkner Street, Camp Hill, PA 17011. 4. On 5/19/97, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Advanta Finance Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1382, Page 1109. 5. The aforesaid mortgage was thereafter assigned by Advanta Finance Corporation to Bankers Trust Company of California, N.A. as Custodian or Trustee, Plaintiff herein, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 319 Faulkner Street, Camp Hill, PA 17011. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 9/23/01 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. 8. The following amounts are due on the mortgage: Principal Balance $21,420.88 Interest 8/23/01 through 2/18/02 $ 1,489.28 (Plus $8.32 per diem thereafter) Attorney's Fee $ 1,500.00 Corporate Advance $ 38.00 NSF $ 20.00 Miscellaneous $ 98.37 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $25,116.53 9. 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. 10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $25,116.53, together with interest at the rate of $8.32 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TERRENCE J. Mc E, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Donna Hopkins, hereby certifies that she is the Foreclosure Specialist o the Plaintiff in the within action, and that she is authorize?lJto mak-el this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. (341JL&a-;? 11?? HOPKINS DON. Chase Manhattan Mtg 1/24/02 12:35 PAGE 16/19 024-921-002: 024-921-002-000F 0 l ? REAL ESTATE MORTGAGE THIS MORTGAGE, is made and ahbrad ima!tile 19th a w of 1XY lg 97 by and beyaearh d" w wraoud _ Shirley R. Linkey W d HerbWt D. x+S.tl W h¦rin OMW mmatgegor, *¦rd A&4anta F111ance 0prrn laving an allba aria plece of bhaeitMaa at 4811 Janestom Rd. Suite 223 FArri"l=g ' pannayNat¦, lharMn aged IWOPe, Mwipipor is holabled to Mortgagee in His prmeipsl wn of U.S. S ;23W pryhsm¦ In qty a of pane" and tnta t vAM the bslaroe a Om hdsEA&*N, If net soarer pdd, due erd payable an j?a 1, ?n 19 To aserrn to MhatMW the Ispeprmn of ea r,d.budfwus rldrneed by the NON. wth interest thereon; ¦"y • ? ??9 of "A80, tna f of all athr sure, vA !"tired nrr¦bn, solancad in ado ftm ha WlA to protect ft ee Of this MWWN lO eel In of apes sal of M~ h~ oono?ftd: Motty?gof does ov these pr om cell, F". ou wva MorIpee all that Cvuberland tally, eorcup. Teem") of acne hill -- - wrd _ laarhth ad raanered as 319 Fa1a11Q w-Ada SFR E r sear Aeaae CMP gill Is Nayiyrw, and dssert aid In Dead noadea In fee ReconWo Ofrlea a sad County w Dead rte, sock vaDhene 145 Page 272 std mars prAktrrny deseftbed n: Bee Attached Schadtae "A" CAsa No. 13774-1 Acct No. 47880 TOC*6THER WITH ad IltAldhgs ad hnpy910111"WAa 1101101 IN aridltlorM Vits. NOVAKPWkW' 4MMM 1 O ahd apphatwMtheee whraaWer tl+arer¦Ae thalorrgthgh a appwMrhat, TO HAVE AND TO HOLD the Mhlttgagad PramiNShMahy prated and cons"d Mete Mollgagse, to and for fha use and bboof of Moflgapee, its vizu"ors ad Meow fereve. 7H1s MORTGAGE IS MADE ¦uq¦¦t to to fakvft mrhdil0rm, to ~ Mor%pW agrees' herwin and In Nda. Mortgagee. 1. Mortgagor wa make as prymants on to roue date awsof we p~ all dew otil0lens as re*M or prwre.a at Ae apgon. may defer the peyra" data of all wholly rr pW inifth"Aints offs or more ful ¦ef of the Mote. dNivsr reoslpb part :, 'ewngago vA vorwfhat eta a0 tow V4 Nessa mr s WvW or suessag ga¦fatgro eealgep¦d' ¦n9 -data w trfe Mortgage!: upon MKMa. 9. 'VotgWvMknp#wtatprowmarsonthelloAgeyadprarsseammhnliyirrundaPirntistmdeuohoUtarnai7fds inwoThamourtardwrthaueh aimais as Mortg on, iihd mqute, vM lcaa t any payame a MwVoM n a Irt mg may appw. a Monmorwll-now ammifrtaau(rN¦rbrmnpwsta.impeimsntaaa0atrogaonoftwM¦rVagul Promises, anowdmaintain tltssamsngooocrow std n Ir. hadrtla Web, a b fM IroepMrg end pertbrmrrhbe by Martpagr Of any 5. M tea Brant tMt Mortgagor dehul? r+ pmwo orayttriM¦M, Mor MM M dtM arld AMd¦ atea oondi wee +ate dtl¦s ti rtry kitioon b reCave ra *A on ft NM bind ? ? rsdssd thdg"taht am aw fhthsdoaas p rdhtgs upon ihh and mayD to p Ovet may be due thar«adr fndhrdolg aft m less. coals of fta and coats *(oft ftSlher vAh lrhhrsal sahr judgmem vttea appkzbw real unll tM U amen due I AMgages is pad, in tr evert "Mw fable to malehirt insure m spiral nn and such dew he" as Merrgages npAM.Mwtp wrAhortieiMonga attsoptattoWMMsuohlrmn caadbilMtalpagorfmalleoststne W,wnklhwehc=MA rlgaparrpfaea to pay, or b add won mac to eh than ronhainng re+P¦rd prnohpal balance of the Nab ad allafga interest fhanort a t» rsb of interest eorutod m the Note. S. Shod toMalgepororitsau00aMaaininterestt¦ilfhatI*co eantinwriingofftMor%Mftall,nnsM,armvvy,aparm8tobeaddbaArigMt.W or ca meyea, byegreanam for s¦b a in pry manna. M¦ Wftro f in t» Malgagad Prim Wa (or shy pat thereof), there Nlwtpgm msvds:Om al sums cawed hereby enm.dlaay am are Woskol¦, subject to oppMwble low, This p wilsien 09 apply to sad, end avay as, transfer, of Oww"anes. agoraes. of whams or rmt MorVagn hmawasn id to. ruin vsd. lee rVft namwe ¦r. •Mhahr by acum or non action eh oOrhrKitbth ante any 107yraUe sale, hinifer or eanwINI e, WMARW One or more. Fok n In s¦eraw su11lh 111040" sh¦II rrot ow.aet. a Nwr.r of the right to arroae such op1111n upon 7. aMprtgager agraw dot Uri Morlippa is asU ft for IM peynham of theskrMW eblQlb a and al Wier direct or comIrwit labors of the Mongagar hereof t o the MotVagn hereof due a to lbtOMP doe whet hr new aseafg O r o er¦eft hxmaded, 8. It al a pid of the sums s¦oaed by this fjtorVw ae lam to Mortgagor to acquee me to the Mortgaged Prem iz , this MorVW is h¦t¦by dec Wed b be a Purchase Martel! Mail", g. Morlp¦gor hereby wakes and raWen aft bona llt ad rild from any ale all appralas f t, shy and mmpflan laws, now In fares a naneftr bnaad. pachusir ov"wforevebum&anlefaMortpW,rilnrtngtltabeharheeAm iinderft teaNet atm netni sie sge,arlim Mffl byftg of ft Mutgagad PrahhW¦ at a sale tlrerbof In any jr¦tWl proceed "s ? "M III promises or e"y other pr mnm or pr0pedy, rid or personal. or shy part of the 0roeseds Of sale thereof from atacttarart, levy or ¦w undr ahloU&M. Or croviding fa¦nytray of elreedr11" aalnrprsena'Mafyrpr herrby raeeaaat11 Mert?gwalriylte ahdaphrdatcyaldower, coursy. a¦¦nhler ebthaoryrhgrts. 10. To the aert hwaA, Mwtpagr or a Racrhrar may enter the ModgaW Pnmi¦es, tolled all nrd¦, ad sppfy them to the mbt hrwrhWr. This sh¦l not mra a"y aerwa. B M PAGEM9 narrpAIM-11l ?? ??-! i 1?' tall A?9? ,?oolrloNa>.>rcaMSOfIfiEVER>sE sroc Chase Manhattan Mtg 1/24/02 12:35 PAGE 17/19 024-621-002: 024-921-002-001 F jr • ADdTIDNAL Tf:RM6 suT PROVIDED ALWAYS, that Y Meflpagr dos not MY OF =M W MrV-pe mWate debt or debts hsrsby eawmW to be pdd In NO. then this MoApape and the estate hmby wou, tl.lent own rW datrmbte and heart. what, tmYltdnp heryln to Rea eanlrary noMidnitandin0, The cumurte Mraht woo lml shat bind, wW 11u bruft and admt ow shall mum to. the re"mothne h 6001s r mw a ? wimnsom, gemder shall ?wd e> Wwas of the panin tsweto. WhmW use., the WVWr r~ NO Incteee the plael, the PW singular, and apon" to all prders. Payment of this Mmt9spe w w oat to the terms and sand-lions of the Note of awn dale between Morlpsper and Mort WU. IN WITNESS WHEREOF, On said MmtpaW has signed this Mortgapa, with sake)~, an 110 dMe twat Wwe 2110Wfl. S900d, 8ea1W end DOW014d In the P ens of: ' (SEAL) • aaY . . ? (SEAL) I CK" the p== meWer a of am WOW to be 4811 JcnoraitOm Rd. Suite '23 Ha=isb= PA 17109 COMMONWEALTH OF PENNSYLVANIA COUNTY OF GVMBOL#b ) Onehis NZfl -^dsy# 1110 r.w.:1J An. y 10, .1097 ,ba.me, evn L• 38Yer R. linkey and Herbert D. llnkSY 8 whoae nrna 8 absaibed b theme" iroKe m and edanwladpad that me Merknor B ampot a same for the pxp" herala mntalnad. of oft w 1%j 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE W O ? T ?'noi?'= H r,? t co d .? 1? y -.? C7 0 0 )•^ OH J w eoOK1392 PwWO Chase Manhattan Mtg 1/24/02 12:35 PAGE 18/19 024-911-002: 024-921-002-002F ,W SCHE=DULE A Name of 8ongNrer(3) Herbert D. LU*ey and Shirley R. LfnW Cyder Number 1377x- I Leo Description of Rea! Property: ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF CAMP HILL IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A THE LAND VOLUME AMONG 145 STATE SET AMC FORTH R ABOVE, IN 08/30/1996, SIMPLE FEE THE O CODATED UNTY AND 08/28/1996 RECORDS OF PAGE 272. TAX PAPCEL 10: 01-20.1854-197 Rest Property A Clrr,bwiand Commonly Known As: the office fa nh 319 FAULKNER 5"fRCi-? tanandC? CAfrPHILt, PA 17011 Y1.,;•?an slot of Darda 9?I CD I Do Herbert D. Lin)my w 54nm° Shir R. lir* a'-' Slp?aa? Do etaootae•? eaaK1.3$2M6E?1?. 9-1 v ig a c- y cI; -c I CASE NO: 2002-00904 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CA VS LINKEY SHIRLEY R ET AL DOUGLAS DONSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE LINKEY SHIRLEY R the DEFENDANT , at 2014:00 HOURS, on the 22nd day of February , 2002 at 319 FAULKNER STREET CAMP HILL, PA 17011 DAVID LINKEY, SON was served upon by handing to 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 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before mew this 1,2* day of av-oa--., A. D. Prothonotary So Answers: R. Thomas Kline 02/25/2002 MCCABE WESIBERG CONWAY By : l/^J' Q,C?l Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-00904 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CA VS LINKEY SHIRLEY R ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LINKEY HERBERT D the DEFENDANT , at 2014:00 HOURS, on the 22nd day of February , 2002 at 319 FAULKNER STREET CAMP HILL, PA 17011 DAVID LINKEY, SON by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /4,1-- day of o-)-" a--? A. D. C1, • L4 7? Prothonotary So Answers R. Thomas Kline 02/25/2002 MCCABE WEISBERG CONWAY By:?- beputy Sheriff BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE, PLAINTIFF V. SHIRLEY R. LINKEY and HERBERT D. LINKEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-904 CIVIL ANSWER AND NOW, this H* day of March 2002, the defendants, Shirley Linkey and Herbert Linkey, by and through their attorney, Austin F. Grogan, Esq., aver the following: 1. Defendants are without sufficient knowledge to respond to the averment in paragraph (1) and thereby deny the averment. 2. Admitted. 3. Admitted. 4. Admitted. 5. The defendants are without sufficient knowledge to respond to the averment in paragraph (5) and therefore, deny. Strict proof is demanded. 6. Admitted. 7. Denied. Strict proof is demanded. 8. Denied. Strict proof is demanded. 9. Denied. Strict proof is demanded. 10. No answer required, however, if an answer is required the parties are without sufficient knowledge to respond, and therefore, the averment in paragraph (10) is denied. WHEREFORE, the parties respectfully request this Honorable Court to dismiss this action for mortgage foreclosure. Date 11a';- Respectfully submitted, Austin F. Grog sg 24 North 32nd ;trees V Camp Hill, PA 17011 (717) 737-1956 Attorney for Defendants I.D. #59020 VERIFICATION We, SHIRLEY R. LINKEY and HERBERT D. LINKEY, verify that the statements made in the foregoing Answer are true and correct to the best of our knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date 31!K& /`C fX7 SHIRELY INKEY /17 HERBERT D. LINKEY ?_ tV 11 Iz rA.? •Z7 ? (] C 3 CD ? tjo (fY BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE, PLAINTIFF V. SHIRLEY R. LINKEY and HERBERT D. LINKEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-904 CIVIL RESPONSE TO REQUEST FOR ADMISSIONS AND NOW, this t s'11J- day of May 2002, the Defendants, Shirley Linkey and Herbert Linkey, by and through their attorney, Austin F. Grogan, Esq., aver the following: 1. The information the Defendants posses is that Chase Manhattan is the Mortgagee. Copy of escrow statement and correspondence from the mortgage company attached; 2. Denied. The Defendants are without sufficient knowledge to accurately identify the payoff value and/or balance due to the fact that the mortgage company refuses to credit the account with checks that have cleared and have been returned to Defendants; 3. The Defendants are without sufficient knowledge to respond. The Defendants do not have the original mortgage document that identifies the per diem rate; 4. Denied; 5. The Defendants are without sufficient knowledge to respond; 6. The Defendants are without the mortgage document to ascertain reasonable attorney's fees, however, the mortgage company refuses to audit the Debtor's account and to properly credit with payments made from August 31, 2001 through present. Therefore, the Defendants feel that attorney's fees do not conform with Pennsylvania law. Respectfully submitted, Date /3 aoo a- %, . Austin F. 'to qu' e 24 North 32nd Str t Camp Hill, PA 1701 (717) 737-1956 Attorney for Defendants I. D. #59020 VERIFICATION We, SHIRLEY R. LINKEY and HERBERT D. LINKEY, verify that the statements made in the foregoing Response to Request for Admissions are true and correct to the best of our knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date cS' /S O r SHIRELY R. NKEY Date JI/ "?O ` HERBERT D. LINKEY C') c? iJ C7 h) ;,t ?71s_1 SCn _ t? w ? - McCABE, WEISBERG, & CONWAY, P.C. 0 r7 MARC S. WEISBERG, ESQUIRE Attorney for Plaintiff c7 Y -" Identification Number: 17616 123 South Broad Street 21 Suite 2080 LL Philadelphia, PA 19109 i (215) 790-1010 x' Bankers Trust Company of California, N.A. as Cumberland County Custodian or Trustee Court of Common Pleas VS. Shirley R. Linkey and Herbert D. Linkey Number 02-904 CIVIL PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT DIRECTED TO DEFENDANT(S) Plaintiff, Bankers Trust Company of California, N.A. as Custodian or Trustee, by and through its attorney, Marc S. Weisberg, Esquire now moves this Honorable Court for summary judgment against Defendants, and alleges as follows: Plaintiff, Bankers Trust Company of California, N.A. as Custodian or Trustee, is a corporation duly organized under the laws of the United States of America with offices at 10790 Rancho Bernardo Road, San Diego, CA 92127. 2. Defendants are the owners and residents of the mortgaged property at 319 Faulkner Street, Camp Hill, PA 17011. 3. On or about May 19, 1997, Defendants made, executed, and delivered a mortgage to Advanta Finance Corporation upon the above premises, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1382, Page 1109. A copy of said mortgage is attached hereto, made a part hereof and marked as Exhibit "A". The mortgage was assigned to Plaintiff herein thereafter. 4. The premises encumbered by the subject mortgage is all that certain real property and improvements in the County of Cumberland and Commonwealth of Pennsylvania, being more fully described in the mortgage attached hereto as Exhibit "A". 5. On or about February 21, 2002, Plaintiff filed a mortgage foreclosure action against Defendants. A copy of the Complaint is attached hereto, made a part hereof and marked as Exhibit "B". 6. Thereafter, Defendants answered Plaintiffs Complaint. (See Exhibit "C") 7. Additionally, Plaintiff filed a Request for Admissions, (See Exhibit "D") on or about March 19, 2002, which Defendants admit by their failure to answer or by admission or by vague nebulous answers, the defaulted loan, and admit to having been sent legal Act 6 and 91 letters and in fact admit all pertinent allegations of Plaintiffs Complaint with regard to default arrearage and notice. (See Exhibits "C, D & E") 8. Defendants' answer to Plaintiffs Complaint and Request for Admissions admits that they are the record owners of the property in question and that Plaintiff has a mortgage on it and it is in default and Act 6 Notice of Intent to Foreclose was sent, as was Act 91 Notice. (See Exhibits "D & E"). 9. Accordingly, it is admitted that there is a balance due on the mortgage in the amount of $25,116.53 and that the interest per diem is $8.32 and that on or about December 18, 2001, Plaintiff sent Act 6 and 91 letters to the Defendants and that those letters in fact, complied with all statutory requirements. (See Exhibits "D & E"). 10. The Complaint, and Affidavit of Maria Severino, Plaintiffs foreclosure specialist attached hereto and incorporated into this Motion, as Exhibit "F", sets forth the exact amount that Defendants owe Plaintiff, and Defendants have not come forth with any supportable information to rebut this allegation. 10A. The payment history and note evidencing the interest charged to the Defendants are part of Exhibit "F" and are likewise unrebutted with any supportable information, as is the assignment of mortgage to Plaintiff. (See Exhibit "F") 11. The attorney's fees and costs, as requested by Plaintiff in the Complaint, are reasonable, and are in conformity with Pennsylvania Law and will be collected in the event that sufficient funds are available from a third party purchase at Sheriffs Sale. 12. All procedural local, state, and federal rules, regulations, and laws with respect to mortgage foreclosure have been complied with by Plaintiff. 13. There are no issues of material fact remaining, and Plaintiff is entitled to summary judgment on its mortgage foreclosure action against Defendants, as a matter of law. Wherefore, Plaintiff requests this Honorable Court grant summary judgment in Mortgage Foreclosure in favor of Plaintiff and against Defendants and enter judgment against Defendants in the amount of $25,116.53, together with interest at a rate of $8.32 per diem from February 18, 2002, plus costs. ANIA C S. WEISBERG, ESQUI Attorney for Plaintiff McCABE, WEISBERG, & CONWAY, P.C. MARC S. WEISBERG, ESQUIRE Attorney for Plaintiff Identification Number: 17616 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Bankers Trust Company of California, N.A. as Cumberland County Custodian or Trustee Court of Common Pleas VS. Shirley R. Linkey and Herbert D Linkey Number 02-904 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT The purpose of the summary judgment procedure is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when there does not exist a genuine issue of material fact. Specifically, Rule 1035 of the Pennsylvania Rules of Civil Procedure provides, in pertinent part, that: (b) [t]he judgment sought shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no enuine issue as to any material fact and that the movingpaarty is entitled to judgment as a matter of law. Pa.R.C.P. 1035(b)(emphasis added). See also Williams v. Pilgrim Life Insurance Co., 306 Pa. Super. 170, 452 A.2d 269 (1983). The burden of demonstrating that there is no genuine issue of material fact rests on the moving party. Hower v. Whitmak Assoc., 371 Pa. Super. 443, 538 A.2d 524 (1988); Carollo v. 48 Insulation. Inc., 252 Pa. Super 422, 381 A.2d 990 (1977). Once such a showing is made, summary judgment is appropriate where the adverse party is unable to produce probative evidence to the contrary. To this end, the adverse party may not claim that the averments of his/her pleadings, alone, are sufficient to raise a genuine issue of fact so as to defeat the motion. The adverse party must set forth specific facts showing there is a genuine issue of fact for trial. See Phaff v. Gerner, 541 Pa. 146, 303 A.2d 826 (1973); Pape v. Smith, 277 Pa. 80, 323 A.2d 856 (1974); Amabile v. Auto Kleen Car Wash, 249 Pa. 240, 376 A.2d 247 (1977). In the case at bar, the pleadings, exhibits, and Affidavit of Plaintiffs foreclosure specialist and request for admissions establish conclusively that there are no genuine issues of material fact, and, thus, this case is ripe for summary judgment. Further, Defendant's pleadings indicate that Plaintiff is entitled to judgment as a matter of law. Firstly, in their answer and in Request for Admissions, Defendants admit directly or by indefinite denial: (1) that they are the owners of the property located at 319 Faulkner Street, Camp Hill, PA 17011; (2) there is a mortgage on it; and (3) the mortgage is in default and Act 6 & 91 Notices were sent, as legally required to Defendants. Defendants' Answer to Plaintiffs Complaint in Mortgage Foreclosure, consists of admissions as well as indefinite denials or evasions which are not substantiated with corroborating evidence. Pennsylvania Rules of Civil Procedure, Rule 1029(b) states that, "[a]verments in a pleading to which a responsive pleading is required are admitted when not specifically denied or by necessary implications", Pa.R.C.P. 1029(b). Thus, unless the Defendant(s) wishes an allegation to be regarded as admitted, the Defendant(s) must specifically deny each allegation of fact contained in a Complaint to which a responsive pleading is required. GENERAL DENIALS OR DEMANDS FOR PROOF HAVE THE EFFECT OF ADMISSIONS. Any form of general denial or general demand for proof is an admission. See First Wisconsin Trust Co. v. Strausser. et al , 653 A.2d 688 (Pa. Super. 1995) ("[T]his Court has held, however, that in mortgage foreclosure actions, general denials by mortgagors that they are without sufficient information to form a belief as to the truth of the averments as to the principal and interest owning must be considered an admission of fact")(citing New York Guardian Morta e Corp. v. Dietzel, 362 Pa. Super. 426, 429, 524 A.2d 951, 952 (1987)). See also 5 Standard Pennsylvania Practice 2d §26:41. It would appear then that "bare allegations of lack of knowledge" are also admissions. See Id. at §26:41. The Complaint, Answer and Affidavit of Plaintiffs foreclosure specialist and attached payment history and note evidencing the interest charged and Request for Admissions clearly sets forth the amount due and owing on the Mortgage. The pleadings and relevant material are absent of any supported, documented dispute as to this figure. Additionally, the request for attorney's fees is reasonable under the circumstances and permitted by law as provided in the mortgage. See Fedland Bank of Baltimore v Philip) Feiner. 410 A.2d 344 Pa. Super (1979). This disposes of any legal issue raised by Defendants. Further, the Complaint, Request for Admissions and Affidavit of Plaintiffs foreclosure specialist clearly sets forth that proper notices required by Act 6 of 1974 (41 P.S. §403) and the Emergency Mortgage Assistance Act of 1983 were forwarded to Defendants. (See Exhibit "E") Indeed, Defendants could not refute with any supportive documentation any of Plaintiff's allegations and admit in the various pleadings that they: (1) own the house; (2) there is a mortgage on it; (3) the mortgage is in default; (4) they have not paid the mortgage; and (5) they were sent all statutorily required notices. Summary judgment based upon contractual liability is appropriate when the documents are undisputed and there is no question as to the contracting parties' intent. See, e.g., Paul Revere Protective Life Ins Co v Weis, 535 F.Supp. 379 (E.D. Pa. 1981); Kane Gas Light & Heating Co v Pennzoil Co., 587 F.Supp. 910 (W.D. Pa. 1984). Here Plaintiff initiated this action in mortgage foreclosure against Defendants based upon Defendants' mortgage obligation. As set forth herein, Defendants do not dispute the existence of the mortgage documents and that they are a party to the mortgage. Furthermore, the pleadings, exhibits, and supporting Affidavit of Plaintiffs foreclosure specialist clearly indicates that payments have not been made since August 2001. Wherefore, Plaintiff requests this Honorable Court enter summary judgment in its favor and against Defendants. Respectfully submitted, 4 M C S. WEISBERG, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG, & CONWAY, P.C. MARC S. WEISBERG, ESQUIRE Attorney for Plaintiff Identification Number: 17616 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Bankers Trust Company of California, N.A. as Cumberland County Custodian or Trustee Court of Common Pleas vs. Shirley R. Linkey and Herbert D. Linkey Number 02-904 CIVIL CERTIFICATION OF SERVICE I, MARC S. WEISBERG, Esquire, hereby certify that a true and correct copy of the within Plaintiffs Motion for Summary Judgment and attached documents were served on the 22"d day of May, 2002, by first-class mail, postage prepaid, upon the following: Austin F. Grogan, Esquire 24 North 32nd Street Camp Hill, PA 17011 DATE: OLlk)d MA RC S. WEISBERG, ESQUIRE Attorney for Plaintiff EXHIBIT F MCCABE, WEISBERG, & CONWAY, P.C. MARC S. WEISBERG, ESQUIRE Identification Number: 17616 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Bankers Trust Company of California, N.A. as Custodian or Trustee VS. Shirley R. Linkey and Herbert D Linkey AFFIDAVIT Attorney for Plaintiff Cumberland County Court of Common Pleas Number 02-904 CIVIL 1. I, Maria Severino, am the foreclosure specialist of Bankers Trust Company of California, N.A. as Custodian or Trustee and am custodian of the account and records of the Defendants, with personal knowledge thereof. I am the keeper of the records and they are business records kept in the ordinary course of business. 2. On May 19, 1997, the Defendants entered into an agreement with Plaintiff's predecessor, Advanta Finance Corporation, which gave the Defendants a Mortgage loan. 3. On May 19, 1997, as security for this Mortgage Loan, Defendants made, executed and delivered a mortgage on the premises described in Plaintiff's Complaint. A copy of said mortgage with legal description of the premises is attached to the Summary Judgment Motion and marked as Exhibit "A". This mortgage has been assigned to Plaintiff herein. 4. The Defendants are in default of the mortgage in that payments of principal, interest, attorney fee's and costs upon said mortgage due August 2001, and for each and every month thereafter, have not been paid and are due and owing. The payment history is attached hereto as part of this affidavit. The note evidencing the interest rate charged to Defendants and the assignment of mortgage to Plaintiff are attached hereto as well. The records are accurate and kept in the normal course of business. 5. The mortgage has an acceleration clause which permits Plaintiff to foreclose on the mortgage by judicial proceedings and sell the property at Sheriffs Sale. 6. On or about December 18, 2001, notices were sent out to Defendants as required under Act 6 and Act 91 . 7. Because the Defendants are in default, the Plaintiff now requests this Honorable Court to grant summary judgment and enter judgment against Defendants. The amounts found at paragraph eight (8) of the Complaint are correct and are as follows: Principal balance $ 21,420.88 Interest 8/23/01 through 2/18/02 $ 1,489.28 (Plus $8.32 per diem thereafter) Attorney's Fees $ 1,500.00 Cost of suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 Miscellaneous Fees $ 98.37 Corporate Advances $ 38.00 NSF Charges $ 20.00 GRAND TOTAL $ 25,116.53 I, Maria Severino, being duly sworn according to law, hereby depose and say that I am authorized to take this Affidavit and that the facts set forth herein are true and correct to the best of my knowledge, information and belief. VERIFICATION The undersigned, Maria Severino, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, and that she is authorized to make this verification and that the forgoing facts are true and correct to the best of her knowledge, information and belief, and further states that false statements herein are made subject to the penalties of 18 PA.C.S.§4904 relating to unworn falsification to authorities. Jq*O&I Maria Severino, eclosure Specialist 9 ®LenStar File History Created On: 0112312002 Created By: OE: RACHEL SULLEY Read On: Date: 01/24/2002 Page No: 1 Read By: Loan Numoer:14714547 Vendor File #: Topic:Vendor Instructions Please initiate foreclosure. Borrower: LINKEY, HERBERT D & SHIRLEY R Foreclosure must be filed in the name of: (add "ON BEHALF OF THE ADVANTA CONDUIT" for properties in Los Angeles, Ventura, and Orange counties.) BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE. If your title review indicates this is not possible, contact this office immediately. Original Borrowers: N/A Tenant(s): N/A Servicer required foreclosure completion (Sale) date: 09/05/2002 Allowable Fee: 1,250.00. Only approved fees in accordance with FHA, VA, FNMA, FHLMC current schedules will be paid. If additional fees are incurred or become necessary you will be required to obtain prior approval. Request for additional fees should be submitted with appropriate supporting documentation. The full amount due as of this referral is $1,403.11. This amount is composed of a net due figure of $1,365.11(payments, late fees, NSF fees, etc...) and corporate advance of $38.00 The net escrow due is $170.00. INTEREST PAID TO: 10/09/01 MONTHLY LATE CHARGE:O CURRENT LATE CHARGES:O DEFERRED LATE CHARGES:O CURRENT NSF DUE:20.00 DEFERRED NSF DUE:O ESCROW DUE:O MISCELLANEOUS: 98.37 DELINQUENT INTEREST TO DATE: 888.67 PREPAYMENT PENALTY:YES WORK PHONE: T 13 )- 0 2 ?oZO•a 0 3g-cro bux? CW .vv fJS? ITUV ?' I 0 Foreclosure Loan Information Loan #: 14714547 Servicer: Chase Manhattan Mortgage Borrower. HERBERT D LINKEY Social Security #: 198-30-6561 Co-Borrower: SHIRLEY R LINKEY Social Security #: 198-34-9652 Phone #: (000) 000-0000 Loan Type: Conventional Uninsured (No PMI) Property Address: 319 FAULKNER ST CAMP HILL, PA 170113726 County: CUMBERLAND Property Tax I. D.: Principal Balance: $21,420.88 Original Balance: $23,918.77 Per Diem: $8.32 Interest Rate: 13.99% Payment Amount: $13.99 Loan Due Date:09/23/2001 Investor Information: Mailing Address: 319 FAULKNER ST CAMP HILL, PA 170113726 Vendor File Insurer Information: Phone: Fax: Loan Number: Percent Owned: Last Inspection: Occupancy Status: Title Company Information: Phone: Fax: Order Number: Phone: Fax: Loan Number: Percent Guaranteed: Origination Date: 0 5/1 911 9 9 7 Maturity Date: 05123/2012 Loan Processor: Servicer: Terris Renteria Phone: (858) 676-6955 Ext. 6955 Vendor: No Processor Assigned Phone: May-20-2002 08:44am From-CHASE FORECLOSURE +858-674-3640 T-572 P.00 2/00 2 F-454 • n (p W W W w W W W W V 01 VI M w N Y 0 N N NNNNN u. N N Y y1.... Y •1 r M r hY Y b m J N 1T P W r 010 0o V m Yl p W 4N r 0 ?? "' y i y b? G? M1i ? Q [ iii 7 N OOQOOO DO ? P r?wY rYYrl-W FMrYrYrrrr00 ? Z N r ? V1 a y W r Y Y W O O Y Y P O A m W rp? 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N N N V21 ° pm i r N r Apr-12-2002 11:12am Fran-CHASE FORECLOSURE - _ +868-674-3640 T-876 P.003/004 F-608 Loan#' 88R 8F: RT LINKEY _ Status R Int.Rate _ 13.990 E9cBal 00 Borr2 SHIRLEy LINKEY Type 03 - 20 SrvFees .05000 EscAdv . 170 00 Prop: 319 P AULXM ST CNVU Y1dDif .00000 TotPmt . 318.37 • CAM P BILL PA 17011 #PmtDlq 7 NextDue 9/23/01 TotDel 2 789,84 Int Pd To 1 0/09/01 P&I Short .00 Corp Adv 561.25- MSG: , 90 08 TRN# CODE POSTED EFFECTVE DESCRIPTION NEXT DUE TOTAL AMT 10 81 9/10/01 9/10/01 NEW LOAN NOCASH 8/23/01 21 420,98- 11 26 26 9/25/01 9/25/01 CORP ADVANCE ADJUST , 8/23/01 19 00- 12 26 26 10/01/01 10/01/01 CORP ADVANCE ADJUST 8/23/01 . 19 00- 1 3 02 10/31/01 10/31/01 PAYMSNT 9/23/01 . 318 37 14 13 25 / CTS P / . 15 14 32 10 31/01 10/31/01 DIRE CHECK SVC SEE 9/23 01 10 00 1 6 02 11/30/01 11/30/01 PAYMENT 10/23/01 . 318 37 17 13 25 1130/01 / 11/30/01 PMT- S P / . 18 14 32 11 30/01 11/30/01 DIRECT CHECK SVC FEE 10 23/01 10 00 19 19 55 12/13/01 12/13/01 70C HAZARD ADVANCE 10/23/01 . 170 00 20 60 55 12/13/01 12/13/01 FOC HAZARD DISBURSED 10/23/01 . 170 00- 21 15 55 12/13/01 12/13/01 FOC HAZARD DEPOSIT 10/23/01 . 170 00 22 19 19 12/13/01 12/13/01 RECOVER ESCROW ADVANCE 10/23/01 . 170 00- 23 19 92 12/17/01 12/17/01 SAFEGARD 2 ADVANCE 10/23/01 . 170 00 24 93 15 12/17/01 12/17/01 REVERSAL (PRIOR DAY) 10/23/01 . 170 00- + F2=Swi tch view F3=Exit S12=Return Pg Doan Pg Vp . Apr-12-2002 11:13m From-CHASE FORECLOSURE Loanf Borr2 Prop: Int TRN# 25 26 27 28 29 30 31 32 33 34 35 rY.wyv-• +. 11 rrv HERBERT LINK8Y SHIRLEY LIMY 319 VAULMR ST To 10/09/01 CAMP HILL FA CODE POSTED 93 14 12/17/01 93 13 12/17/01 92 02 12/17/01 15 55 12/17/01 19 19 12/17/01 19 55 1/07/02 60 55 1/07/02 62 26 3/15/02 62,26 3/18/02 62 26 4/01/02 62 26 4/08/02 Pd +868-674-3640 -r -- T-876 P-004/004 F-6nA r r _-- r Y Y - Status R Int-Rate 13.990 EsCBal r-' Type 03 - 20 SrvFees .03000 EscAdv CNVV Y1dDif .00000 TotPmt 17011 #PmtDlq 7 NextDue 9/23/01 TotDel 2, P&I Short .00 Corp Adv 561.25- MSG: 90 EFFECTVE •rr . vv .00 170.00 318.37 789.84 08 12/17/01 DESCRIPTION I)Ay) (m oR NEXT DUE TOTAL AMT R o R 10/23/01 53 63- 12/17/01 REVE RSAL (NSF) 9/23/01 . 318 37- 12/13/01 FOC HAZARD DEPOSIT 9/23/01 . 170 00 12/13/01 RECOVER ESCROW ADVANCE 9/23/01 . 170 00- 1/07/02 FOC HAZARD ADVANCE: 9/23/01 . 170.00 1/07/02 FOC HAZARD DISBURSED 9/23/01 170 00- 3/15/02 CORP ADV DISB 9/23/01 . 100 00- 3/18/02 CORP ADV DISB 9/23/01 . 395 50- 4/01/02 CORP ADV DISB 9/23/01 . 7 75- 4/08/02 CORP ADV DISB 9/23/01 , 20.00- 1?2=Switch view F3=Exit F12=Return Pq Down P4 Up Chase Manhattan Mtg 1/24/02 12:35 PAGE 19/19 024-921-001;024-921-001-000F 0 LIIIIIII6UMOTL AND tlOMIRYA01? 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Date of Assignment: 04/29/2002 Assignor: ADVANTA.FINANCE CORP. BY CHASE MANHATTAN MORTGAGE CORPORATION AS ATTORNEY-IN-FACT at 10790 RANCHO BERNARDO RD., SAN DIEGO, CA 92127 Assignee: DEUTSCHE BANK NATIONAL TRUST CO., AS CUSTODIAN OR TRUSTEE FKA BANKERS TRUST COMPANY OF CALIF., N.A. at 1761 EAST ST. ANDREW, SANTA ANA, CA 92705 Date of Mortgage/Deed of Trust/Security Deed: 05/19/1997 Executed By: SHIRLEY R. LINKEY AND HERBERT D. LINKEY To: ADVANTA FINANCE CORP. Recorded 05/21/1997 as Instrument/Document No. N/A in Book/Reel/Liber 1382 Page/Folio 1109 In CUMBERLAND COUNTY, PENNSYLVANIA Township of CAMP HILL. I do certify that the precise address of DEUTSCHE BANK NATIONAL TRUST CO., AS CUSTODIAN OR TRUSTEE FKA BANKERS TRUST COMPANY OF CALIF., N.A. is 1761 EAST ST. ANDREW, SANTA W, CA 92705 Attested By: /\ ?,.,,?? Parcel ID No: 01-20-1854-992 Property Address: 319 Faulkner Street, Camp Hill, PA 17011, situated in the Township of Camp Hill, County of Cumberland, in the Commonwealth of Pennsylvania. Legal: All that certain property situated in theBourgh of Camp Hill in the County of Cumberland and Commonweath of Pennsylvania, being more fully described in a fee simple deed dated 08/28/1996 and recorded 08/30/1996, among the land records of the County and State set forth above, in Volume 145 Page 272..... KNOW ALL MEN BY THESE PRESENTS that in consideration of the sum of TEN and N O/100Assiths and other good and valuable consideration, paid to the above named said sufficiency of theasaidwMortgage together with the Note or Notes or other evidence of indebtedness (the "Note"), said note having an original principal sum of $23,918.77 with interest, secured thereby, together with all moneys now owing or that may hereafter become due or owing in respect thereof, and the full benefit of all the powers and of all the covenants and provisos therein contained, and the said assignor hereby grants and conveys unto the said assignee, the assignor's beneficial interest under the Security Instrument. TO HAVE AND TO HOLD the said Security Instrument and Note, and also the said property unto the said assignee forever, subject to the terms contained in said Security Instrument and Note. Furthermore, I do certify that the precise address. of the within named Assignee is at 1761 EAST ST. ANDREW, SANTA ANA,. CA 92705. ADVANTA FINANCE CORP. BY CHASE MANHATTAN (Power of. Attorney recorded on MORTGAGE CORPORATION AS ATTORNEY-IN-FACT August 7, 2001 BK: 680 Pg: 142) On 04 29 2002 By: ell C . THOMPSON, ICE PRESIDENT 42NW2GW4E cun4evaAROPAaAT: 40MVAPAMORI Page Corporate Assignment of Mortgage STATE OF California COUNTY OF San Diego ON 04129/2002, before me, S. DOMAGUIN, a Notary Public in and for San Diego County, 20 n the State of California, personally appeared Cynthia K. Thompson, Vice President of CHASE MANHATTAN MORTGAGE CORPORATION AS ATTORNEY-IN-FACT, 10790 Rancho Bernardo Rd., San Diego, CA 92127, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r WIT I m hand and official seal, OR" - - - - - - - - - - - - - - • Ej GUI 8en Notay Expir 12/24/2005 #1336359 91 = Chase Manhattan M 10790 Rancho Bernardo Rdh San area for notarial seal) o4zaaoo: se+eacC M aKAM PA BAT.40MR4714M7 KAPAMOa1 Diego, CA 92127 ,02/05/2002 11:19 8567403651 PA-NJ ABSTRACT INC PAGE 06 Commitment Number: MWC 116-OMPA SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN parcel of land situate In the Borough of Camp Hill (formerly East Penneboro Township), Cumberland County, State of Pennsylvania, more particularly bounded and described as follows, to wit; BEGINNING at the point, the Northeast corner of Rutland and Faulkner Streets; thence In a Northerly direction along Faulkner Street SW (60) feet to a point; thence in an Easterly direction along lands of Fetterman sbdy (80) feet to a point; thence in a Southerly direction along the One of Lot No. 257 on the hereinafter4nentkoned plan of lots sixty (60) feet to Rutland Street; thence In a Westerfy direction along Rutland Street sixty (60) feet to a point, the place of BEGINNING. IMPROVED with a frame dwelling house known as 319 Faulkner Street Parcel No. 01-20-1854-192 ALTAporra knent 001M 1164)SWA.PFDRAWC 116OSNPA0 Schedule 0 EXHIBIT B A MCCABE, WEISBERG AND CONWAY, P.C. ,BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bankers Trust Company of California, N.A. as Custodian Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 V. Shirley R. Linkey 319 Faulkner Street Camp Hill, PA 17011 and Herbert D. Linkey 319 Faulkner Street Camp Hill, PA 17011 Cileii? 1155`I Attorney for Plaintiff Cumberland County or Court of Common Pleas • ?4?' `t C•" \.. - ; ^a • Vic ` __ ' _A Number Q?7 /?Dil LU?1 CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE Avxso 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 this 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 failodo 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 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 TO FIND OUT WHERE YOU CAN GET HELP. Cumberland county Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Le han demandado a usted an le corte. Si usted quiere defenderse de estas demands ex-puestas an las paginas siguientes, usted tiene veinte (20) dies de plazo at partir de Is fecha de La demands y la notificacion. Hace falta asentar Line cooparencia escrita o an persona o con Lin abogado y entregar a la corte an forma escrita sus defenses o sus objeciones a Las demandes en contra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y puede continuer is demands an contra suya sin previo aviso o notificacion. Ademes, la corte puede decidir a favor del demandante y requiere qua usted cumpla con todes Las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bankers Trust Company of Cumberland County California, N.A. as Custodian or Court of Common Pleas Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 V. Shirley R. Linkey 319 Faulkner Street Camp Hill, PA 17011 and Herbert D. Linkey 319 Faulkner Street Number Camp Hill, PA 17011 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Bankers Trust Company of California, N.A. as Custodian or Trustee, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Shirley R. Linkey, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 319 Faulkner Street, Camp Hill, PA 17011. 3. The Defendant is Herbert D. Linkey, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 319 Faulkner Street, Camp Hill, PA 17011. 4. On 5/19/97, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Advanta Finance Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1382, Page 1109. 5. The aforesaid mortgage was thereafter assigned by Advanta Finance Corporation to Bankers Trust Company of California, N.A. as Custodian or Trustee, Plaintiff herein, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 319 Faulkner Street, Camp Hill, PA 17011. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 9/23/01 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. 8. The following amounts are due on the mortgage: Principal Balance $21,420.88 Interest 8/23/01 through 2/18/02 $ 1,489.28 (Plus $8.32 per diem thereafter) Attorney's Fee $ 1,500.00 Corporate Advance $ 38.00 NSF Miscellaneous Cost of Suit Appraisal Fee Title Search GRAND TOTAL $25,116.53 9. 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. 10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $25,116.53, together with interest at the rate of $8.32 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TERRENCE J. Mc Attorney for P $ 20.00 $ 98.37 $ 225.00 $ 125.00 S- 2 0 HE, ESQUIRE intiff VERIFICATION The undersigned, Donna Hopkins, hereby certifies that she is the /Foreclosure Specialist o the Plaintiff in the within action, and that she is authorize3Jto maw this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. DONN HOPKINS EXHIBIT A Chase Manhattan Mtg 024-921-002; 024-921-002.OOOF •A •? ?V 1/24/02 12:35 PAGE 16/19 • REAL. ESTATE MORTGAGE • THIS MORTGAGfi, lemade and.-tared Into mfa 19th day of Y , I@_2.7 by and between the uneralp„ ad Shirley R. Linkey AM eerbwt D. I.Ufty ha.in o" -martow,' and AAdya&A Finmm Corp. havrtp en tale am pbma a ttuabtaa a 4811 Jocadsbom Rd. Suite 223 Serrisburg poww1hartb,mmusn asaad'Arbrtpeow, Mw4W Is hdwad In Mrtpapma in as pratprl rum of U.S. s 2 18 W_r!7 peyote h madny irabMnenb of pr" and nMK sup, tla bolmme of the h slow w„, If net reorw Owen Th amorra te MorIp a mo rspaymem ar wa hdrendmom 1- I ' l by u,r Note. adh inlaat Henan; any ewnaiaa and rr,.w.b lane( the prynNnt a all o1w ram w4h tntrra Mena,, adw,wd In soeoraatrw hawMt to prptaat sa mu* of this MapaN ad the pwfwnmmea of su omvwwtb and aprourm of Moflpapa heron dorxaM; NlwV ga Oar Cy these pwwmM mall, heart. NM odnwy loMaopapma as bat NO as a aaa.ad h tM waxy of Ctamberlatd (Dlty, eaoupn. Tavmatlxpj Of cow hLU word lqt andrumo momma 319 PwAlknw-Ae1a $f RA air SMOK cmv Sill Panraytyaxa, aawd dsaonbad h Daad a.aorded h na R9mW*O mca of erd county at Omd may. am* warn. 145 Pap. 272 a,d man partbulerfy desdnbed err See Attached Sc he&de NO CRue No. 13774-1 Acct No. 47880 TOG OTHER WITHIN wkw o 90 4 vow rant. tMromn sW eddriora tla rom, inckulnp as dvM paaeapwrep, rlphto, mates., pndqu, raadwra,b rd wpzwrwmo , arabwr th.raaadd boom gn,p, a sppwrnra, and ea omrxa tMMa (Itafah need tha'Martprpad Prarnlsw9. TO HAVE AND TO HOLD the Malpapsd PMnbma horoby granted and comoysd w" Mor0m, to and for the use old baba/ of Mm%ftw. Its ruccewaa and mow^ fervor. THta MORTOAO[ w MAOS subject a eta ldm i l aorr 10" ao uMh Mrowa0?aaa; 1. Mart WvA melw Y peynanlo ra tM tlw dla a7M0 and perform d atlley OaapaCale M Mglafed orp v., Irah and In she Nbh. 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In fM wvnt flat Mrtprpar dte%M wIrrtarrg d sty pnJstlentdue ma prAble ~ft -toe., a h t s beephp end patamartda by Mmpapx d aw dlhoaondabnsoraco rbd holm Inn .theNam,MalpgaerroyferdmmthbmkpanAdba?ofMt1t190 ForedowAsherm,orkO MWar tthatradeMse pfadaedMtpa upm axe MrgeOa t>rtd nthr proved a Jtattpmertt and eaeataaert a Haver as brand. err en tM etl?iraappNnefe n,ay be daa. d,eraa,dw harhdat f needfabN aManry tom. date ot ruR and oaar of male tapNfar „Aat hteel0 afar rata a,M1IM full.album duo to' 101141 Npaa, into avr,t Matppa tepa to maintain Inrrerw epehM We and such dtwheaama ere Mrtpspw requrma. MatOsoaedhoraarMoftpapooataaspaontoabtah afdth+etrar,eeard blaMtrgporfaMdOtttatf?.foot,vmldaetphaaaMttrtpapaettpAlq b pay, or b mW such cow to the ow ymairag mead prompN balaree of as Nob end d" fxofea thereon at tla rob of ixered oordensd n I" Note. a tihotxdaaMortpaperalbruaoworshiaxeraot,tiNllaatppdaKmtinwriNnpofMaMoktpapda,sel,btreM.a ,apanilttebeeold.benslarod a aameye0, bt'eprarnax fa sole a h any manner, ka raaraot h der Marpapad Promisee ter any talkthroaf), ? rlorpee meYabha rl ram. reoasd Itrreby trmnadlelehr due and poysbb, stdtJed b appleebte bar. Thb provtaisn txwf eppb te each sea wary male. traraftr, a oenveysrdr. epadbw dwhaner a na Margapw awmneeread a. «vomrsd lea nprss aaretr?oer, vdytl,er by tacker a ran aobal,noaneoron Nndt astyerevtow sale, nmtw a donweyak0e, Wow era a mere. FO w le saereaa such plan chap nom nataute a ymem of thenpht to aeroas wah oabon upon a bar averx 7. Matpagor aprmaa ttaa =Mtmlppa is awft fa as "mom of tom aramaal00110 ate and all ant drW or da,dnpara wbiMra of me Mortgapa hereof to the Mtatpapw heraef duo or to became due wheim MW ON" or hereafter witsoled. S. If .s orpo t of tM aams..cured byft Mo t no rr lem to Mortpapa a aequrr Mb te the MMpaged Pwisms. this Mortpatpe to hereby deemed Is be 0 Purormw I. p gabraatormWorMatpepor.erlrrahrgSab*WmdwundwVwNNdsta wmnanbtharaad taanaarlt licb*Wd taurehner d tMMtaepapod Pnmbma ere a ale alerool In myJalWl prdaredrtpa uoal eta Note or upon fhb Mottgepr, a OwMUnp tta Mor"pad Prarama or ari war t>romm" a Fop", teal a wmml. or any pert d ow wwaga or cab tflaeor from tatoarmart levy or" undeta00 dd14 , w tt<dwdhp faarywytsfettsodtordromarpra , mortgaahnmumloM 10. TodaearbwU, MatpperraRaookwmay aerrrMortprpdPr bnWp¦pw arsedphhr+dsapmabnoyadower, aea,rawwbrynphb Called IN rant, std apply them to as der hwmmtW. TMs shallred ra.arndawe. a 1382FAoe1?Q9 narpAtoe aq = / % -A AamroNa.Tms cm mss am Ch4se,Manhattan Mtg 024-921-002: 024-921-002-001 F 1/24/02 12:35 PAGE 17/19 At101TMOL T'NlMf BUT wW EED LWAYS, OW a McRlpeper am not Pry or ? to MmVM aIW ere debt or draft hereby m aced b be pdd in m. then lhb mwtm fy R.d eheM oseN and dabrmfu erW boeaao uald aRytlrfap heaefr to qas eerdrary nob4ldattardfap, The eomwdt Imsfa MftMW aw bV4 end On b.aret end edonlogn MM Prue to. Nn mpWW h*% eawa ms, a*mm mbv. V=N lrrelo Whenera used, nf! NII?tMK nrNnfer ehM InduOe Me PYn1, Cae pARM tlae efrpulr. end the ue? of any 9enper NreN bs ap0imble to d garders. Po1•neRl a this Morbape f..rrbha b tlas rams and aonditlors o1 tiw Nate a swsa dal. 6olwesn AAwlPper and Morlpapae. IM WITNESS WHEREOF, #0 sdd h4wlIp or has SOW eda Mertdapa, with seel(p ache, on ft dole ffst sbae shown. SOW, foaled O d D*mod N IM Peaeam a: • fmoKm Hunter =J". BEAU IN 'D. lZIMAY P (29AQ i oertMY the ptseoe raasbaaoe dtM Mortyapes to be 4811 J*ft Wt0M ltd. Suits 223 ))arri8&=q PA 17109 e Rooort lwnter COMMONWEALTH OF PENNSYLVANIA COUNTY OF G?BD OR awe Pf MRV l; 77 , eekn me, Nevin L. B eyer e mum elergrdenlir; pLrs¦y.ppe.np Shir7,? y A. linkey and Harbex t o. lTn)cey ? r ;pbttii4br,?xt?+ s ?10M1??tl ..? . wtaos. rwrae s eabeeribod a pie w+arf, Inarun+rr ar+d aaleaoudrrdeaa chat ;L is 8 ?, P I , IL H 40 L. Bsyer NWAn or" 4 0 mw M TAN of omoer . 5- SPACE ABOVE THIN UNE FOR 111110MCNIMS US[ ? •• ~ o m co M ? tdm Q7 .;,, N :ri o v a 1.6 oooKi3,Q G pAoEi ffO Chase Manhattan Mtg 024-929-002; 024-821.002.002r- Ae. 1/24/02 12:35 PAGE 18/19 SCHSDUL E A Name of Bonnwer(s) Herbert D- Linkey and 9hirlsy R. Ltnkey Order Number 13774-1 Legal Description of Real Properly: ALL THAT CERTAIN PROPERTY SITUATED IN THE 80R000H OF CAMP HILL IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. BEING MORE FULLY DESCRIBED IN A FEE SIMPLE DEED DATED 08/28/1996 AND RECORDED 08/3011996, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE. IN VOLUME 145 PAGE 272. TAX PA?CEL ID: 01-20-IB54-192 i At x 'urnberl" J gfgC^ _ the office for the ?eoor&n1 oP Deeds 319 FAULKNER CWde?wnd Coo CAMPHILL, PA 11011 vor.= pe /'? trv iren si of off `•? d_.Yo a?fq o E foci Herbert D. Linkey 8hir R. li 06 / "M 'Dow RECEIPT FOR PAYMENT -- ------------ ----- Cumberland Countyy Prothonotary's Office Carlisle Pa 17013 Receipt Date 2/21/2002 , Receipt Time 14:07:22 Receipt No. 122019 BANKERS TRUST COMPANY OF CA (VS) LINKEY SHIRLEY R ET AL Case Number 2002-00904 Received of PD ATTY MCCABE RL Total Check... + Total Cash.... + 45.50 .00 Check No. 16171 Change........ - .00 Receipt total. = 45.50 ------------------------ Distribution Of Payment ------------------- --------- Transaction Description Payment Amount COMPLAINT TAX ON CMPLT 35.00 CUMBERLAND CO GENERAL FUND SETTLEMENT JCP FEE 50 5.00 BUREAU OF RECEIPTS AND CONTROL CUMBERLAND CO GENERAL FUND 5.00 BUREAU OF RECEIPTS AND CONTROL 45.50 EXHIBIT C -_J BANKERS TRUST COMPANY OF : IN THE COURT OF COMMON PLEAS CALIFORNIA, N.A. AS CUSTODIAN : CUMBERLAND COUNTY, PENNSYLVA NIA OR TRUSTEE, PLAINTIFF n o N n v. NO. 02-904 CIVIL m aJ '' - - t SHIRLEY R LINKEY and zr- , . HERBERT D LINKEY n _ . , Defendants b - CD Fn 7 N CD _i N A1400 (.n WER AND NOW, this 4714 day of March 2002, the defendants, Shirley Linkey and Herbert Linkey, by and through their attorney, Austin F. Grogan, Esq., aver the following: 1. Defendants are without sufficient knowledge to respond to the averment in paragraph (1) and thereby deny the averment. 2. Admitted. 3. Admitted. 4. Admitted. 5. The defendants are without sufficient knowledge to respond to the averment in paragraph (5) and therefore, deny. Strict proof is demanded. 6. Admitted. 7. Denied. Strict proof is demanded. 8. Denied. Strict proof is demanded. 9. Denied. Strict proof is demanded. 10. No answer required, however, if an answer is required the parties are without sufficient knowledge to respond, and therefore, the averment in paragraph (10) is denied. MAR 0 8 2002 'd. jt ;j WHEREFORE, the parties respectfully request this Honorable Court to dismiss this action for mortgage foreclosure. Date .314169- Respectfully submitted, Austin F. Grog sq r 24 North 32nd treet Camp Hill, PA 17011 (717) 737-1956 Attorney for Defendants I.D. #59020 VERIFICATION We, SHIRLEY R. LD4KEY and HERBERT D. LMEY, verify that the statements made in the foregoing Answer are true and correct to the best of our knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date-13/V/2- 11 ??... c..?r .• = SHIRELY R6ILMEY HERBERT D. LRNKEY EXHIBIT D MCCABE, WEISBERG, & CONWAY MARC S. WEISBERG, ESQUIRE IDENTIFICATION NUMBER: 17616 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 ATTORNEY FOR PLAINTIFF TO THE HEREIN DEFENDANT YOU ARB HEREBY NOTMED TO PLEAD TO THE ENCLOSED PLEADING WITHIN THIRTY (30) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU RNEY FOR PLAINTIFF Bankers Trust Company of California, N.A. as Cumberland County Custodian or Trustee Court of Common Pleas vs. Shirley R. Linkev and Herbert D LirLkev Number 02-904 CIVIL REQUEST FOR ADMISSIONS Pursuant to the Pennsylvania Rules of Civil Procedure, Rule 4014, Plaintiffhas served upon you a written Request for Admissions for the purpose of the pending action, relating to statements or opinions of fact or the application of law to fact, including the genuineness, authenticity, correctness, execution, signing, delivery, mailing or receipt of any document described in the request. Note that each allegation set forth will be admitted unless, within thirty (30) days after service of the request, or within such shorter time or longer time as the Court may allow, the party to whom the request is directed, shall serve upon the party requesting the admission, a verified answer by a party or an objection, signed by the party or his attorney. For the purposes of this Request forAdmissions, Bankers Trust Company of California, N.A. as Custodian or Trustee, will be hereafter termed "Plaintiff' and Shirley R. Linkey and Herbert D. Linkey will be termed "Defendants". The mortgage for Bankers Trust Company of California, N.A. as Custodian or Trustee is in default because monthly payments of principal and interest upon said mortgage due September 23, 2001, and each month thereafter are unpaid. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 2. The principal balance due on the mortgage is $21,420.88. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 3. The interest per diem is $8.32 and the interest due on the note and mortgage from August 23, 2001 through February 18, 2002 is $1,489.28. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 4. Plaintiff sent Act 6 and Act 91 letters which were received by Defendants. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 5. The Act 6 and Act 91 letters sent to Defendants complied with all statutory requirements. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. J 6. Attorney's fees are in conformity with the mortgage loan documents and Pennsylvania Law. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 14 jj,) - MAPS S. WEISBERG, ESQ Attorney for Plaintiff MCCABE, WEISBERG, & CONWAY MARC S. WEISBERG, ESQUIRE IDENTIFICATION NUMBER: 17616 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 ATTORNEY FOR PLAINTIFF Bankers Trust Company of California, N.A. as Cumberland County Custodian or Trustee Court of Common Pleas VS. Shirley R. Linkey and Herbert D Linkev Number 02-904 CIVIL CERTIFICATE OF SERVICE I, Marc S. Weisberg, Esquire, Attorney for Plaintiff, hereby certifies that a true and correct copy of the within Request for Admissions was served on the below party on the 19th day of March, 2002, by the United States mail, first class: Austin F. Grogan, Esquire 24 North 32°d Street Camp Hill, PA 17011 DATE: Mar". Weisberg Attorney for Plaintiff EXHIBIT E BANKERS TRUST COMPANY OF : IN THE COURT OF COMMON PLEAS CALIFORNIA, N.A. AS CUSTODIAN : CUMBERLAND COUNTY, PENNSYLVANIA OR TRUSTEE, PLAINTIFF V. : NO. 02-904 CIVIL SHIRLEY R. LINKEY and HERBERT D. LINKEY, Defendants RESPONSE TO REQUEST FOR ADMISSIONS AND NOW, this I r 1t+ day of May 2002, the Defendants, Shirley Linkey and Herbert Linkey, by and through their attorney, Austin F. Grogan, Esq., aver the following: 1. The information the Defendants posses is that Chase Manhattan is the Mortgagee. Copy of escrow statement and correspondence from the mortgage company attached; 2. Denied. The Defendants are without sufficient knowledge to accurately identify the payoff value and/or balance due to the fact that the mortgage company refuses to credit the account with checks that have cleared and have been returned to Defendants; 3. The Defendants are without sufficient knowledge to respond. The Defendants do not have the original mortgage document that identifies the per diem rate; 4. Denied; 5. The Defendants are without sufficient knowledge to respond; 6. The Defendants are without the mortgage document to ascertain reasonable attorney's fees, however, the mortgage company refuses to audit the Debtor's account and to properly credit with payments made from August 31, 2001 through present. Therefore, the Defendants feel that attorney's fees do not conform with Pennsylvania law. Respectfully submitted, Date L /3 moo ?-- a V tit Austin F. Gro qu' 24 North 32nd Str ' t Camp Hill, PA 1701 (717) 737-1956 Attorney for Defendants I.D. #59020 VERIFICATION We, SHIRLEY R. LINKEY and HERBERT D. LINKEY, verify that the statements made in the foregoing Response to Request for Admissions are true and correct to the best of our knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date cF - /S O :?;, SHIRELY R. NKEY Date HERBERT D. LINKEY -- kbr-I9-2002 02:21po Fro-CHASE FORECLOSURE +866-674-6640 (Y12,2 December 18, 2001 SHIRLEY R LINHEY 319 FAULKNER ST CAMP HILL PA 170113726 RE: Loan N14714547 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS. T-268 P.002/010 F-882 Your mortgage is in default because you have failed to pay promptly installments due for a period of at least 60 days. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of $318.37 each due 9/23/01 and monthly thereafter as well as other oharges. AS OF THE DATE OF THIS LETTER YOU ARE IN DEFAULT AS FOLLOWS : Payments of $318.37 each for September 23, 2001 through November 23, 2001: (Corporate Advances included) $ 993.11 Current Late Charges $ .00 Deferred Late Charges $ .00 Current Return Check Fees $ 20.00 Deferred Return Check Fees $ .00 Advances by Servicer $ .00 Advances by investor $ .0 0 LESS: Partial Payments/Forbearance S .00 Misc. Unapplied Funds S 98.37 TOTAL DEFAULT: $ 914.74 You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions or the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice, it contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for 30 days from the date of this Notice. During that time you have the right to arrange a "face-to-face" meeting with a representative of Chase Manhattan Mortgage Corporation, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. That meeting must occur in the next 30 days. If you attend a face-to-Pace meeting with Chase Manhattan Mortgage Corporation, or with a consumer credit counseling agency identified in this Notice, no further proceeding in mortgage foreclosure may take place for 30 days after the date of that meeting. You can contact a representative of Chase Mortgage by telephoning our toll free number (800) 548-7916 between the hours of 5:00 a.m. and 9:00 p.m. Monday through Friday, 6:00 a.m. and 3:00 p.m. Saturday, and 6:00 a.m. and 12:00 p.m. Sunday, Pacific Time. The name(s), address(es) and telephone number(s) of (a) designated consumer credit counseling agency(ies) is (are) attached. Mar-10-2002 02:21po Fray-CMSE FORECLOSURE +000-074-8040 T-200 P-003/010 F-002 NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT SHIRLEY R LINxEY PAGE TWO It is only necessary to schedule one face-to-face meeting. You should advise Chase Manhattan Mortgage Corporation immediately of your intentions. If you have tried and are unable to resolve this problem at/or after your face-to-face meeting, you have the right to apply.for financial assistance from Homeowners' Emergency Assistance Application with the Pennsylvania Housing Finance Agency. The consumer credit counseling agency will assist you in filling out your application. It must be filed or postmarked within 30 days of your face-to-face meeting. You must either mail your application to the Pennsylvania Housing Finance Agency or you must file it at the office of one of the attached designated consumer credit counseling agencies listed on the attachment to this Notice. The Pennsylvania Housing Finance Agency is located at: 2101 North Front street, P.O. Box 8029, Harrisburg, Pennsylvania 17105. Telephone Number (7171 780-3800 or (800) 362-2397 (toll free number), An application for assistance may be obtained from a consumer credit counseling agency or directly from the Pennsylvania Housing Finance Agency. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and Complete in every respect. The counseling agency will help you to fill out the application, The Pennsylvania Housing Finance Agency has 60 days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. La notification on adjunto es de sums importancia, pues affecta su derecho a continuer viviendo an au case. Si no comprends el contenido de esta notification obtanga una traducion immediatamente llamando eats agencia (Pennsylvania Housing Finance Agency) sin cargos al . numero mencionado arriba. Puedes ser eligible pars un prestamo por al programa llamando "Homeowner's Emergency Mortgage Assistance Program" el cual puede salver su ease de la pardida del derecho a redimir ou hipoteca. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ALL INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Collection Department #350 Attachment: Consumer Credit Counseling Agencies WP12/ACT9ICP Regular Mail W-18-2002 02:21ps FrarCMSE FORECLOSURE +868-674-5040 T-268 P.004/010 F-002 a?a7[ [Y12,2[ December 18, 2001 HERBERT D LINKEY 319 FAULKNER ST CAMP HILL PA 170113726 RE: Loan #14714$47 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 19$3 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS. Your mortgage is in default because you have failed to pay promptly installments due for a period of at least 60 days. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of $318.31 each due 9/23/01 and monthly thereafter as well as other charges. AS OF THE DATE OF THIS LETTER YOU ARE IN DEFAULT AS FOLLOWS; Payments of $318.37 each for September 23, 2001 through November 23, 2001: (Corporate Advances included) $ 993.11 Current Late Charges $ .00 Deferred Late Charges $ .00 Current Return Check Fees $ 20.00 Deferred Return Check Fees $ .00 Advances by Servicer $ .00 Advances by investor $ ,0 2 LESS: Partial Payments/Forbearance $ .00 Misc. Unapplied Funds $ 98.37 TOTAL DEFAULT: $ 914.74 You may be eligible for financial assistance that will prevent foreclosure on your mortgage it you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice, it contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for 30 days from the date of this Notice. During that time you have the right to arrange a "face-to-face" meeting with a representative of Chase Manhattan Mortgage Corporation, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. That meeting must occur in the next 30 days. If you attend a face-to-face meeting with Chase Manhattan Mortgage Corporation, or with a consumer credit counseling agency identified in this Notice, no further proceeding in mortgage foreclosure may take place for 30 days after the date of that meeting. You can contact a representative of Chase Mortgage by telephoning our toll free number (800) 548-7916 between the hours of 5:00 a.m. and 9:00 p.m. Monday, 6:00 a.m, and 3:00 p.m. Saturday and 6:00 a.m. and 12:00 p.m. Sunday, Pacific Time. The name(s), address(el:!) and telephone number(a) of (a) designated consumer credit counsing ageney(ies) is (are) attached. Mar-10-2002 02:21ua Fro=-CHASE FORECLOSURE +868-674-8840 T-268 P.006/010 F-882 NOTICE OF HOMEOWNERS' EMERGENCY MORTGARE ASSISTANCE ACT HERBERT D LINREY PAGE TWO It is only necessary to schedule one taco-to-face meeting. You should advise Chase Manhattan Mortgage Corporation immediately of your intentions. If you have tried and are unable to resolve this problem at/or after your face-to-face meeting, you have the right to apply for financial assistance from Homeowners' Emergency Assistance Application with the Pennsylvania Housing Finance Agency. The consumer credit counseling agency will assist you in filling out ,your application. It must be filed or postmarked within 30 days of your face-to-face meeting. You must either mail your application to the Pennsylvania Housing Finance Agency or you must file it at the office of one of the attached designated consumer credit counseling agencies listed on the attachment to this Notice. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P.O. Box 0029, Harrisburg, Pennsylvania 17105. Telephone Number (717) 780-3800 or (000) 342-2397 (toll free number). An application for assistance may be obtained from a consumer credit counseling agency or directly from the Pennsylvania Rousing Finance Agency. It is extremely important that you file your application promptly. if you do not do so, or it you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The counseling agency will help you to fill out the application. The Pennsylvania Housing Finance Agency has 60 days to wake a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. La notificaeion an adjunto es de sums importancia, puss affects su derecho a continuer viviendo an au case. Si no comprende el contenido de esta notificaeion obtanga una traducion immediatamente llamando eats agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser eligible Para un prestamo por al programs llamando "Homeowner's Emergency Mortgage Assistance Program" el cual puede salver au case de Is perdida del derecho a redlmir au hipoteca. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ALL INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Collection Department #350 Attachment: Consumer Credit Counseling Agencies WP12/ACT91BP Regular Mail W-15-2002 02:21pm Frm-CHASE FORECLOSURE +000-OT4-5040 T-265 P.006/010 F-002 CONSUMER CREDIT COUNSELING AGENCIES Cumberland County Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (?17) 234-5925 FAX A (717) 232-4985 YMCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX M (717) 243-3948 Mar-11-2002 02:21pm From-CHASE FORECLOSURE +868-874-8840 T-268 P-007/010 F-882 fifi7?[ [Y12,2[ December 18, 2001 SHIRLEY R LINKEY 319 FAULKNER ST CAMP HILL PA 110113726 RE: Loan #14714547 NOTICE OF INTENT TO FORECLOSE ON MORTGAGE YOU ARE IN DEFAULT OF YOUR OBLIGATION TO YOUR LENDER, the present holder of the Note and Mortgage referenced by the above identified loan number. Chase Manhattan Mortgage Corporation is the servicing agent for the holder authorized to act on its behalf. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of $318.31 each, commencing September 23, 2001 and subsequent installments thereafter. Late charges have also accrued to this date. Late charges are assessed if the monthly payment is not received within the grace period set forth in your Note. Your monthly late charge is $.00. Other charges may have also accrued which are due in order to cure your loan. AS OF THE DATE OF THIS LETTER, THE TOTAL AMOUNT NECESSARY TO CURE THE DEFAULT IS AS FOLLOWS: Payments of $318.37 each commencing September 23, 2001 through November 23, 2001: (Corporate Advances included) $ 993.11 Current Late Charges $ .00 Deferred Late Charges $ .00 Current Return Check Fees $ 20.00 Deferred Return Check Fees $ .00 Advances by Servicer $ ,00 Advances by Investor $ .0 0 LESS: Partial Payments/Forbearance $ .00 Misc. Unapplied Funds $ 98.37 TOTAL AMOUNT TO CURE DEFAULT: $ 914.74 YOU MAY CURE THIS DEFAULT within 30 days of the date of this letter by paying to us the amount of $914.74 plus additional installment payments that come due and any late charges and other charges or fees which have accrued or have been paid on your behalf during that time. Such payment must be made in the form of cash, certified or bank check, or money order, payable to Chase Manhattan Mortgage Corporation and delivered to the following address: Chase Manhattan Mortgage Corporation Collection Dept. #350 10790 Rancho Bernardo Road San Diego, CA 92127 if you do not cure the default within 30 days, we intend to exercise our right to accelerate the mortgage. This means that whatever in owing on the original amount borrowed will be considered due immediately and you will lose the chance to pay off the original mortgage in monthly installments. If you do not cure the default within 30 days, we intend to instruct our attorneys to start a lawsuit to foreclose on the mortgaged promises. If the mortgage is foreclosed upon, your mortgaged property will be sold by the County Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up Ihr-10-2002 02:21pe From-CMASE FORECLOSURE +868-674-8640 T-266 P.008/010 F-662 NOTICE OF INTENT TO FORECLOSE ON MORTGAGE SHIRLEY R LINHEY Page Two to 850. However, if legal proceedings are started against you, you will have to pay the actual incurred reasonable attorney'a fees, even if the fees are more than $50. All attorney's fees will be added to whatever amount you owe us, which may also include our reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY-DAY PERIOD YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. We may also sue you personally for the unpaid principal balance and all other sumo due under the mortgage. However, if you have filed a bankruptcy and this mortgage debt was discharged, we cannot But you personally. If you have not cured the default within the 30 day period and foreclosure proceedings have begun, you will have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid amount due plus any interest and late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's Sale of your Premises could be held would be approximately 90 days from the date foreclosure preceedings begin. This is just an estimated date. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at (800) 548-7916, between the hours of 5:00 a.m. and 9:00 p.m. Monday through Friday, 6:00 a.m. and 3:00 p.m. Saturday and 6:00 a.m. and 12:00 p.m. Sunday, pacific Time. You should realize that a Sheriff's Sale will and your ownership of the mortgaged property and your right to remain in it. if you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE RIGHT TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PREMISES SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WOULD CURE THE DEFAULT AND ASSUME THE MORTGAGE DEBT PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE TIME OF SALE. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to cure a default more than three times in any calendar year. Collection Department #330 WP12/ACT6CPR Regular Mail Copy Yv-10-2002 02:22ps Fra-CHASE FORECLOSURE +088-874-5840 T-280 P.000/010 F-802 a6??[ [Y12,2[ HERBERT D LINKEY December 18, 2001 ' 319 FAULKNER ST CAMP HILL PA 170113726 RE: Loan &14714547 NOTICE OF INTENT TO FORECLOSE ON MORTGAGE YOU ARE IN DEFAULT OF YOUR OBLIGATION TO YOUR LENDER, the present holder of the Note and Mortgage referenced by the above identified loan number. Chase Manhattan Mortgage Corporation is the servicing agent for the holder authorized to act on its behalf. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of $315.37 each, commencing September 23, 2001 and subsequent installments thereafter. Late charges have also accrued to this date.- Late charges are assessed if the monthly payment is not received within the grace period set forth in your Note. Your monthly late charge is $.00. Other charges may have also accrued which are due in order to cure your loan. AS OF THE DATE OF THIS LETTER, THE TOTAL AMOUNT NECESSARY TO CURE THE DEFAULT IS AS FOLLOWS: Payments of 5318.37 each commencing September 23, 2001 through November 23, 2001: (Corporate Advances included) $ 993.11 Current Late Charges $ 100 Deferred Late Charges $ .00 current Return Check Fees $ 20.00 Deferred Return Check Fees $ .00 Advances by Servicer $ .00 Advances by Investor $ .0 2 LESS: Partial Payments/Forbearance 9 .00 Misc. Unapplied Funds $ 98.37 TOTAL AMOUNT TO CURE DEFAULT: $ 914.74 YOU MAY CURE THIS DEFAULT within 30 days of the date of this letter by paying to us the amount of $914.74 plus additional installment payments that come due and any late charges and other charges or fees which have accrued or have been paid on your behalf during that time. Such payment must be made in the form of cash, certified or bank check, or money order, payable to Chase Manhattan Mortgage Corporation and delivered to the following address: Chase Manhattan Mortgage Corporation collection Dept. •350 10790 Rancho Bernardo Road San Diego, CA 92127 If you do not cure the default within 30 days, we intend to exercise our right to accelerate the mortgage. This means that whatever is owing on the original amount borrowed will be considered due immediately and you will lose the chance to pay off the original mortgage in monthly installments. if you do not cure the default within 30 days, we intend to instruct our attorneys to start a lawsuit to foreclose on the mortgaged premises. If the mortgage is foreclosed upon, your mortgaged property will be sold by the County Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up Wr-18-2002 02:22pm From-CHASE FORECLOSURE +888-074-3840 T-280 P-010/010 F-882 NOTICE OF INTENT TO FORECLOSE ON MORTGAGE HERBERT D LINREY Page Two to $50. However, if legal proceedings are started against you, you will have to pay the actual incurred reasonable attorney's fees, even if the fees are more than $50. All attorney's fees will be added to whatever amount you owe us, which may also include our reasonable costa. IF YOU CURE THE DEFAULT WITHIN THE THIRTY-DAY PERIOD YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. However, if you have filed a bankruptcy and this mortgage debt was discharged, we cannot sue you personally. If you have not cured the default within the 30 day period and foreclosure proceedings have begun, you will have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale, You may do so by paying the total amount of the unpaid amount due plus any interest and late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale of your Premises could be held would be approximately 90 days from the date foreclosure proceedings begin. This is just an estimated date. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at (800) 548-7916, between the hours of 5:00 a.m. and 9:00 p.m. Monday through Friday, 6:00 a.m. and 3:00 p.m. Saturday and 6:00 a.m. and 12:00 p.m. Sunday, Pacific Time. You should realize that a Sheriff's Salo will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the sheriff's sale, a lawsuit Could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE RIGHT TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PREMISES SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFERER WHO WOULD CURE THE DEFAULT AND ASSUME THE MORTGAGE DEBT PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE TIME OF SALE. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to cure a default more than three times in any calendar year. Collection Department #350 WP12/ACTGBPR Regular Mail Copy PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. Bankers Trust Company of California, N.A. as Custodian or Trustee (Plaintiff) V. Shirley R. Linkey and Herbert D. Linkey (Defendant) Number 02-904 CIVIL State Matter to be argued (i.e., Plaintiff's Motion for New Trial, Defendant's demurrer to complaint, etc.) Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) Johnna J. Kopecky, Esq., for Plaintiff Sadis, Shuff, Flower & Lindsay 26 W. High Street Carlisle, PA 17013 (b) Austin F. Grogan, for Defendant 24 North 32"d Street Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: DATE: 0(? kLLL-jjL1ja MAR S. WEISBERG, ESQUIRE Attorney for Plaintiff r McCABE, WEISBERG, & CONWAY, P.C. MARC S. WEISBERG, ESQUIRE Attorney for Plaintiff Identification Number: 17616 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Bankers Trust Company of California, N.A. as Cumberland County Custodian or Trustee Court of Common Pleas VS. Shirley R Linka and Herbert D. Linkev Number 02-904 CIVIL CERTIFICATION OF SERVICE I, MARC S. WEISBERG, Esquire, hereby certify that a true and correct copy of the within Praecipe for Listing Case for Argument was served on the 22' day of May, 2002, by first-class mail, postage prepaid, upon the following: Austin F. Grogan, Esquire 24 North 32nd Street Camp Hill, PA 17011 DATE: ?a MARC S. WEISBERG, ESQUIRE Attorney for Plaintiff 0 o 0 C hl 'r1 nirz, 7.9 bm C- J, - z: McCABE, WEISBERG, & CONWAY, P.C. MARC S. WEISBERG, ESQUIRE Attorney for Plaintiff Identification Number: 17616 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Bankers Trust Company of California, N.A. as Cumberland County Custodian or Trustee Court of Common Pleas VS. Shirley R. Linkev and Herbert D. Linkey Number 02-904 CIVIL PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly withdraw the Motion for Summary Judgment, filed on May 28, 2002, in the above captioned case. MAR S. WEISBERG, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG, & CONWAY, P.C. MARC S. WEISBERG, ESQUIRE Attorney for Plaintiff Identification Number: 17616 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Bankers Trust Company of California, N.A. as Cumberland County Custodian or Trustee Court of Common Pleas VS. Shirley R. Linkey and Herbert D Linkey Number 02-904 CIVIL CERTIFICATION OF SERVICE I, MARC S. WEISBERG, Esquire, hereby certify that a true and correct copy of the within Praecipe to Withdraw was served on the 31" day of May, 2002, by first-class mail, postage prepaid, upon the following: Austin F. Grogan, Esquire 24 North 32nd Street Camp Hill, PA 17011 DATE: Attorney for Plaintiff BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE, PLAINTIFF V. SHIRLEY R. LINKEY and HERBERT D. LINKEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-904 CIVIL O ER AND NOW, thi2 day of , 2002 upon consideration of Defendants' Motion for Continuance it is hereby Ordered Vat the Oral Argument scheduled for July 24, 2002 be continued until the next term of court* Fu e, i om BY THE COURT, ?I Ao1e a ?5?o°s tliM?A?,IS?N??? h s :0111" ,. z Iii! C.0 C-) J L? C? 0 k7, :(J ?D McCABE, WEISBERG, & CONWAY, P.C. BONNIE DAHL, ESQUIRE Identification Number: 79294 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Bankers Trust Company of California, N.A. as Custodian or Trustee vs. Shirley R. Linkey and Herbert D. Linkey Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 02-904 CIVIL SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: It is hereby suggested of record that the Defendants, Shirley R. Linkey and Herbert D. Linkey, voluntarily filed for Chapter 13 Bankruptcy on or about July 18, 2002 in the U.S. Bankruptcy Court of the Middle District of Pennsylvania under Bankruptcy Petition No. 1-02-BK- 03894-MDF McCABE, WEISBERG & CONWAY, P.C. BY: l f BONNIE DAHL, ESQUIRE Attorney for Plaintiff DATE: ?^ ? ? C7 c o "1 C"`7 '"?' .?.. . _ ,._. --.ic. N ,..) C_i 1 t, '. _ _ l.Q -1 r.,, `,i .; . Bahkers lrus4 c,omPany o-f- 0-Ai I'a , NJ-n- , aS e,lS40dian aY I -us4e-c vs Case No. -0- -goy d i l/t' t t?r l y 12, L kt kPv and 14e4eY4 17. L,hkey Statement of Intention to Proceed To the Court: bush ktQ (?1 J (? , intends to proceed with the above captioned matter. Print Name Sign Name Date: Attorney for Eaii ?10 z (42 54 CP , -Pa 14ir" + 10 Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a parry believes that it should not have been terminated, that party may proceed under Rulc230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. r ?', ?-? o -ri . ,, r_? ? -;- -d __ ?' _ (?7 l ?.? ? ? ?'? =? n ey ?.. :-<. Curtis R. Long Prothonotary office of the Protbonotarp Cumberland Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor na - 90q/ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573