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Home My WebLink About05-1835 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF SOVEREIGN BANK SBM W A YPOINT BANK SBM HARRIS SAVINGS BANK 60 I Penn Street Reading, P A 19601 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. KELLY A. HOLTZCLAW Mortgagor and Real Owner 223 South Fifth Street Lemoyne, P A 17043 ACTION OF MORTGAGE FORECLOSURE Term 0 S; - IPJ.S No. c;w -( 1'EtL"'L CIVIL ACTiON: IViOFFGAGE NOT ICE FORI::CLOSUfllE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRlNG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Defendant LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENT ADAS, ES ABSOLUT AMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff is SOVEREIGN BANK SBM W A YPOINT BANK SBM HARRIS SAVINGS BANK, 601 Penn Street, Reading, PA 19601. 2. The name and address of the Defendant is KELLY A. HOLTZCLAW, 223 South Fifth Street, Lemoyne, P A 17043, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On September 30,1997 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to SOVEREIGN BANK SBM W A YPOINT BANK SBM HARRIS SAVINGS BANK, which mortgage is recorded in the Office ofthe Recorder of Deeds ofCumberIand Connty as Book 1407 Page 1101. The Mortgage and Assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure I 019(g) which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4, The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A". 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due November 01,2004, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6, The following amounts are due on the mortgage: Principal Balance Interest from 10/0 1/2004 through 04/3012005 at 6.2500% Per Diem interest rate at $8.42 Reasonable Attorney's Fee If the Mortgage is reinstated prior to a Sheriff's Sale the Attorney's Fees may be less than this amount based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance ($2,483.63) in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess ofthe amount demanded in the Action. Late Charges from 11/01/2004 to 04/30/2005 Monthly late charge amount at $24.26 Costs of suit and Title Search $49,672.56 $1,579.52 $1,250.00 $62.13 Miscellaneous Fee Satisfaction Fee $900.00 $53,464.21 +$9,25 +$27.00 $53,500.46 7. Plaintiff is not seeking a judgment of personal liability (or in personam judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was This Action of Mortgage Foreclosure will continue unless you take action to stop it. Para informacion en espanol puede communicarse con Loretta aI215-825-6344. 1), Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or . 2), Call Pennsylvania Housing Finance Agency at 800-342-2397 for a counseling agency in your neighborhood. 3). Visit HUD'S website www.hud.gov/officeslhsg/sfh/econJecon.cfm for Help for Homeowners Facing the Loss of Their Homes. 4). Call your lender and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Carol at 215-825-6329 or Nancy at 215-825-6358 or fax 215-825-6429 or 215-825-6458, The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is Edward Sparkman who can be reached at 215-825-6318 or Fax: 215-825- 6418. Please reference our Attorney File Number of SB-0073. Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. ACT NOW! Resj)!lrces avllililble for H9.D1~OW!1ers i!l_FQrs:c1osure TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTlNGTO COLLECT ADE.BT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL_B.E _USE]) _FOR I-'lEPUJU>()SE_O_FCOkLECTI1~TG_T_HE UE.BT. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORT ANTES , USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, V A Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO, SI USTED NO PUEDE P AGARLE A UN ABOGADO, EST A OFICINA PUEDE PROVEERE lNFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has . been sent to Defendants by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B", The date of the postmark on the Notice was the same as the date of the Notice. The Defendants had the required face to face meeting within the required time and Plaintiff has been advised that the Defendants filed an application for mortgage assistance with the Pennsylvania Housing Finance Agency, the Plaintiff has been advised by the Pennsylvania Housing Finance Agency that the Defendants' application has been rejected. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $53,500.46, together with interest at the rate of $8.42, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law, and for the foreclosure of the Mortgage and Sheriffs Sale ofthe Property. By: f\/W GO K McCAFFERT McKEEVER By: Jos PH A. GOLDBECK, JR., ESQUIRE AT ORNEYFORPLAlNTIFF VERIFICATION I, Tonya Samuel, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date:April 5, 2005 ~a~ ~. n ~~ Foreclosure Administrator #356104350 - KELLY A. HOLTZCLAW P,~lii6it }l NOTE ~ ~v EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoynej County of Cumberland and State of Pennsylvania; more particularly bounded and described as follows: BEGINNING at a.. point on the western line of Fifth Street lone hundred (100) feet north of the northwest corner of Clinton (now Fifth) and Herman Streets; thence northwardly along the west line of Fifth Street twenty-nine (29) feet, more or less, to a line running through the center of the partition wall of the double house erected in part on the within described loti thence along said center line of partition through the house and continuing parallel to Herm~n Avenue for a total distance of one hundred ten (lID) feet to a point on the eastern line of Lot No. 41 on the,- hereinafter mentioned Plan of Lots; thence southwardly along said line of Lot No. 41, twenty-nine (29) feet, more or less, to the corner of lands now or late of First Church of Christ; thence eastwardly parallel to Herman Avenue and along lands of said Church, one hundred ten [110) feet to the place of BEGINNING, I HAVING thereon erected a dwelling No. 223 S. Fifth Street, Lemoyne, Pennsylvania. BEING the same premises which David H. stone, Executor of the Last Will and Testament of clark P. Sherwood granted and conveyed to Kelly A* Holtzclaw, Borrower herein. ~. Any (Jotlce mat must tle gIven to me Note HOtoer unoer ln1S NOte Will De given oy m8.lilfl9 \\ D)' Tlf'ijT 1;)jlt~~ mitU (0 Ult! 1'10'" MOILl!;jl it' 1/'" s,ddrsSll stated In SectIon 3(A) above or at II. dIfferent addresa If I am glvfln a not\o& of that ditterent addr.". MULTISTATE FIXED flP.,c NOTE-Single Famlly-FNMAjfHLMC Uniform Instrument Page 1 012 fOlm 32001111\3 1004.fRM (01/88) FITECH , ) VlWay~qi!'K( January 3,2005 ACT 91 & ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortl!al!e on vour home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pal!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home. This notice exnlains how the prOl!ram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITIllN 30 DAYS OF THE DATE OF TIDS NOTICE. Take this Notice with you when you meet with the Counselin!! kencv. The name, address and phone number of Consumer Credit Counselin!! A!!encies servin!! your County are listed at the end of this Notice. If you have anv Questions, yOU may call the Pennsvlvania Housin!! Finance A!!encv toll free at 1-800-342-2397. (Persons witb impaired hearin!! can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANClA, PUES AFECTA SU DERECHO A CONTINUAR VlVIENDO EN SU CASA. SI NO COMl'RENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU IDPOTECA. P.O. Box 1711. HARRISBURG, PeNNSYlVANIA 17105-1711 Toll Free 1-866-WAYPOINT (I-866-929-7646) , IN YORK AREA 717/815-4500 . www.wal,lpointb..nk r~m HOMEOWNER'S NAME: Kelly A, Holtzclaw PROPERTY ADDRESS: 223 South Fifth Street, Lemoyne, P A 17043 MAILING ADDRESS: 223 South Fifth Street, Lemoyne, P A 17043 LOAN ACCT. NO.: 50088797 ORIGINAL LENDER: Harris Savings Association CURRENT LENDER/SERVICER: Waypoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE wmCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE . IF YOUR DEFAULT HAS BEEN CAUSED BY CffiCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice, TIDS MEETING MUST OCCUR WITIllN THE NEXT THlRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TillS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAlNS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES---If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end ofthis Notice, It is only necessary to schedule one face-to-face meeting, Advise your lender immediatelv of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE---Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assis1 you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have med bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it UP to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at:_223 South Fifth Street, Lemoyne, PA 17043_ IS SERIOUSLY IN DEF AUL T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: A payment of $447.65 for November, 2004 payments of $468.26 for the months of December, 2004 and January, 2005._ B. Other charges:.J-ate Charges $45.12_ Total Amount Past Due:_$1,429.29_ HAVE FAILED TO TAKE THE FOLLOWING ACTION:_ HOW TO CURE THE DEFAULT---You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,429.29 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Pavrnen1s must be made either bv cash. cashier's check, certified check or monev order made pavable and sent to: Wavpoint Bank 449 Eisenhower Boulevard Harrisburg. P A 17111 IF YOU DO NOT CURE THE DEFAULT---Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riehts to accelerate the morteaee debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mort1!a1!ed property. IF THE MORTGAGE IS FORECLOSED UPON---The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00, Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THlRTY (30) DAY period, YOU will not be required to pay attorney's fees. OTHER LENDER REMEDIES---The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--lfyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and prevent the sale at any time UP to one hour before the Sheriff's sale. You mav do so bv paying the total amount then past due. plus anv late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as sllecified in writing by the lender and by performing any other requirements under the mortgage, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had neyer defaulted. EARLIEST POSSlliLE SHERIFF'S SALE DATE---It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four months from the date of this Notice. 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 or actiou will be by contracting the lender. BOW TO CONTACT THE LENDER: Name of Lender: Address: Phone number: Fax Number: Contact Person: Waypoint Bank 449 Eisenhower Blvd.. Harrisburg. P A 17111 (717) 909-2787 or 1-866-929-7646 ext. 2787 (717) 909-2780 Chris Bellman EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale wilI end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE---You _X_mayor _may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding paymen1s, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements ofthe mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERlY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE 1HIS DEFAULT CURED BY ANY 1HIRD PARTY ACTING ON YOUR BEHALF, . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE 1HIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT 1HE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTIffiR DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Chris Bellman Collection Counselor CBlsjr If funds are received and negotiated in less than the total amount due including legal fees and costs; Waypoint Bank reserves the right to return the funds to you and continue with legal proceedings pending receipt of the total amount due. "'I WaYRqi:rJ CUMBERLAND COUNTY CREDIT COUNSELING AGENCIES CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, Pa 17104 (717) 232-9757 FAX (717) 234-2227 PO, Box 1711. HARRISBURG. PENNSYLVANIA 17105-1711 1'1"\ M l'- l'- U.S. Postal Service", CEFtTIFIED MAIL", RECEIPT . (Domestic Mail Only; No Insurance Coverage Provided) ;j" Cl to Cl l'- Cert!fledF ~ OF <0 ;j" ru Cl Cl CJ Return Raelapt F (EndofSement RequIred o Restrlded Delivery F ...0 (El1do1sement Requlr M M SENDER: COMPLETE THIS SECTION . Complete neros 1, 2, and 3. Also complete Item 4 if Restricted Delivery'is desired, . Print YOtlr name and add""'" on the reverse so that we can return the card to you. . Attach this card to the back of the maHplece, or on the front n space permits. 1, Article Add_ to: O.lsdelivelyaddrassd__tteml? If YES. enter dellve<y add..... beI<>w: V.~t.,f 1\ ~to( fz.c~ ,:lii ~()'-"f-l \;O'n& ~I~ p ^' lL6L6> 3, ~ Type ~CertlfIed Mall 0 Express Mall o Reglsterod 0 Retum RacelpllOl' Merohsndlse e_MaIl 0 0.0.0. 4. RestrIcted 0eIIwnYI (Extra Fee) ..F .~ 7004 1160 0002 4876 7713 ReSTRICTED DFIIl(fI/Y 1025gs..;()2-M-t540 Ocmestlc Return Recelpl 2. Article Number (1hmfer from S8I ~___ _, PS Form 3811, February 2004 ~ -<4 g ~ lrt ~ 1""', q, (') c:-.:'} V\ (: c;::) '-" ~ - ~ \) ~ ~~ ("- ~ ~ " ~ ~..,P\ ~ I -y? ~ cP 'CJo ~ ~ '~~~)-';0 32- ~ ,,(, C (-' '.-.9 ~;{ --L (-' ',~ 1 ~::t, - ::<. -'- <.5' ,----- SHERIFF'S RETURN - REGULAR CASE NO: 2005-01835 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS HOLTZCLAW KELLY A CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according t law, says, the within COMPLAINT - MORT FORE was served upon HOLTZCLAW KELLY A , at 1825:00 HOURS, on the 11th day of April at 223 SOUTH 5TH STREET DEFENDANT LEMOYNE, PA 17043 KELLY A HOLTZCLAW by handing to th 2005 a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.84 .00 10.00 .00 39.84 Sworn and Subscribed to before me, this ! I r ( L{...J"-. day of A.D, ary ::')~'l. \ So Answers: ../., ...::".. .,.,....,,'~/ ~ "/ o/--~.~"''''^"' /~ R. Thomas Kline 04/12/2005 /J GOLDB::~ MCCAF~~.//~/~ ~CKE~EVER ~)~- Deputy Sheriff .J .. . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK SBM W A YPOlNT BANK S8M HARRIS SAVINGS BANK 60 I Penn Street Reading, PA 19601 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs, CIVIL ACTION LAW KELLY A. HOLTZCLAW (Mortgagor(s) and Record owner(s)) 223 South Fifth Street Lemoyne, P A 17043 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 2005-01835 Civil Term ORDER FOR JUDGMENT Please enter Judgment in favor of SOVEREIGN BANK SBM W A YPOINT BANK SBM HARRIS SAVINGS BANK, and against KELLY A. HOLTZCLAW for failure to tile an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $54,255.26. Joseph A. Golda Attorney for Plai~ti f I hereby certify that the above names are correct and that the precis residence address of the judgment creditor is SOVEREIGN BANK SBM W A YPOINT BANK SBM HARRIS SAVINGS BANK 601 Penn Street Reading, PA 19601 and that the name(s) and last known addressees) of the Defendant(s) is/are KELLY A, HOLTZCLAW, 223 South Fifth Street Lemoyne, PA 17043; GOLDB BY: Joseph A. G' Attorney for P 1 ERTY & McKEEVER ,e ,Jr. ~. ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $49,672.56 Interest from 10/0 1/2004 through OS/20/2005 $2,261.54 REASONABLE Attorney's Fee $1,250.00 Late Charges $134.91 Costs of Suit and Title Search $900.00 MISCELLANEOUS FEE SATISFACTION FEE $9.25 $27.00 $54,255.26 GOLDBEC C BY: Joseph A. Gold Attorney for Plaintiff, TY & McKEEVER AND NOW, this ;2.5'+-l day of fL'al , 2005 damages are assessed as above. VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, KELLY A. HOLTZCLAW, is about unknown years of age, that Defendant's last known residence is 223 South Fifth Street, Lemoyne, PA 17043, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: .- In the Court of Common Pleas of Cumberland County SOVEREIGN BANK SBM W A YPOINT BANK SBM HARRIS SAVINGS BANK 601 Penn Street Reading, P A 19601 Plaintiff vs. KELLY A. HOLTZCLAW (Mortgagor(s) and Record Owner(s)) 223 South Fifth Street Lemoyne, P A 17043 No. 2005-01835 Civil Term Defeudant( s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor ofPlaintilfand against KELLY A. HOLTZCLAW by default for want of an Answer. Assess damages as follows: Debt $54,255,26 Interest - 10/0112004 to OS/20/2005 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certifY that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C,P. 237.1 Joseph A. Go Attorney for PI ' J.D. #16132 ANDNOW fYl~ 'f; ;;).,f) ,:Jt')()\S ,J gment is entered in favor of SOVEREIGN BANK SBM WAY OINT BANK SBM HARRIS SAVINGS BANK and against KELLY A. HOLTZCLAW by delimit for want of an Answer and damages assessed in the sum of$54, 5.26 as per the above certifi ion, -_..__._--_._-_.__.._-~ SB-0073 .. THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBi' AINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 2, 2005 TO: KELLY A.HOLTZCLAW 223 South Fifth Street Lemoyne, P A 17043 SOVEREIGN BANK S8M W A YPOINT BANK SBM HARRIS SAVINGS BANK 601 Perm Street Reading, PA 19601 In the Court of Common Pleas of Cumberland County Plaintiff CIVIL ACTION - LAW vs, KELLY A. HOLTZCLAW (Mortgagor(s) and Record Owner(s)) 223 South Fifth Street Lemoyne, PA 17043 Action of Mortgage Foreclosure Term No. 2005-01835 Civil Term Defendant(s) TO: KELLYA.HOLTZCLAW 223 South Fifth Street Lemoyne, P A 17043 IMPORT ANT NOnc.F YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AITORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITIlIN TEN (10) DAYS FROM TIlE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITIlOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EUGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC S Irvine Row Carlisle, PA 17013 117-243-9400 CUMBERLANDCOlJNTY BAR ASSOCIATION 2 Liberty A....enue Carlisle, PA 11013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000, Mellon Independence Center. 70 I Market Street Philadelphia,PA 19106 215-627.[322 tid ~\t ~ ~ ~ j ~ ~ ' -c ~ () -<g.. 7fr. ~ '-- \) ~ {) ~~ ~ ~t? ~ - ,,- r-.) C~j ~""") t:~ -y) -.,..,- ..-! -,'"' =-,~ Hi p..,,, u; 1.....0 --,.. -,. (.A. , PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P,RCP 3180-3183 Joseph A Goldbeck, Jr. Attorney LD.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney lor Plaintiff SOVEREIGN BANK SBM W A YPOlNT BANK SBM HARRIS SAVINGS BANK 601 Penn Street Reading, PA 19601 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County VS. CIVIL ACTION - LAW KELLY A HOLTZCLAW Mortgagor(s) and Record Owner(s) 223 South Fifth Street Lemoyue, P A 17043 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 2005-01&35 Civil Term PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $54,255.26 Interest from 10/01/2004 to OS/20/2005 at 6.2500% (Costs to be added) GOLDBEC BY: Joseph A Attorney for PIa & McKEEVER rcJ ~ \ \Y::) ~ (:) - ~ l \- ~ ~ ~ \l.j-.Q~ w- - ..otrt. U - If\ \) ~ lrtC)V\ "00 .1- ~ U i) C> -t. C) c:; () -t () ("\ ~ I .c. ~ I . I ~r- ...\;) ~~ ~ ---D tr- - - - :: - ~=E --e::. p, - ;. ~ ,-' - - ~ -+-- tJ V) ~ f<) u: .- "..;;., (,..) .------- "$ ';;l ~ ~ ...<'- if) :.t ~ 0 ... "u < ~, ~ .... ~" ~ 'if; ;;;> . U -0 C!l ~ U~ ~4-' ,,"- 0 \;J ~~~-; ~i. ~~ '?~ ~ ~~ ;l"P t.6 ~ 1)...... C"l -<6"'" ,.." u ,8 0. =: 0 ,,0 .-l "..;- S " " Ij,]r./l~~ ~~ ZC!l U.-o}jO O~ ;@'t. ~~....~~ ~'G N6ifJt;. -0" ~~1j. Jt- .~ ,",,'6~-< ....'0 OJ? ~~~'$~ uO ~if>U '?~ ~""'~ p.. ~\>< . '" ~ g ~ ~J, ,;, ~ - -<e ~~ "$~ ;> ~1-%~ ~: 1.~~.'6~ 1:-":;0 ~o o~ ~'" 4..._ 0 0 ~'C. o ~ ;;I. \ t- '$ .n~ ~\ ,?"~if) % 'f)-< ~g ?-' g .-l~'" ~~ ~, ~ ~("\,J ,..6 ~o "',0 ~ ~ ("'~ ~'" :J.~ e: ~~ oU C!l~ .~ 'P,.. ~ U ~ 6 ~ '" ~ ~ ~ \l.l S '" " -., ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania; more particularly bounded and described as follows: BEGINNING at a poinl on the western line of Fifth Street, one hundred (100) feet north of the nOl1hwest corner of Clinton (now Fifth) and Hennan streets; thence northwardly along he west line of Fifth Slreets; thence northwardly along the west line of mnning through the center of Fifth Street twenty-nine (29) feet, more or less, to a line rWlning through the center of the partition wall of he double house erected in pm1 on the witbin desClibed lot; thence along said center line of parlition trough the house and continuing parallel to Herman A venue fill' a total distance of one hundred ten (110) feet to a point on the eastern line of Lot No, 41 on the hereinafter mentioned Plan of Lots; Ihencc southwardly along said line of Lot No, 41. lwenty- nine (29) feet, more or less, to the corner of lands now or late of First Church of Christ; thcncc easlwardly parallel 0 HcrnJan Avenue and along lands of said Church, one hundred ten (110) fcet to thc place of BEGINNING. Having thcreon crccted a dwelling NO, 223 S, Fifth Street, Lemoyne, Pennsylvania, BEING the same premises which David H. Stone, Executor of the Last Will and Testament of Clark p, Sherwood granted and conveyed to Kelly A, Holtzclaw, Borrower herein, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1835 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK SBM W A YPOINT BANK SBM HARRIS SAVINGS BANK Plaintiff (s) From KELLY A.HOLTZCLAW (1) You are directed to levy upon the property of the defendant (,)and to sell SEE LEGAL DESCRIPTION (2) You are aiso directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $54,255.26 Interest FROM 10/1104 TO 5120/05 AT 6.2500% LL $.50 Arty's Comm % Ally Paid $121.84 P1aintiffpaid Date: MAY 25, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonota)l7 p ~. ~, ~12-1. c __ / ['r/?/J/f,j Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No, 16132 Goldbeck- McCafferty & McKeever B~: Joseph A Goldbeck, Jr. Attorney to, #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PAl 91 06 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK SBM W A YPOINT BANK SBM HARRIS SAVINGS BANK 601 Penn Street Reading, P A 19601 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs, CIVIL ACTION - LAW KELLY A, HOLTZCLAW (Mortgagor(s) and Record Owner(s)) 223 South Fifth Street Lemoyne, P A 17043 ACTION OF MORTGAGE FORECLOSURE Oefendant( s) No, 2005-01835 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 SOVEREIGN BANK SBM W A YPOINT BANK SBM HARRIS SAVINGS BANK, Plaintiff in the above action, by its attorney, Joseph A, Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 223 South Fifth Street Lemoyne, P A 17043 1. Name and address of Owner( s) or Reputed Owner( s): KELLY A HOLTZCLAW 223 South Fifth Street Lemoyne, P A 17043 2, Name and address of Defendant(s) in the judgment: KELLY A HOLTZCLAW 223 South Fifth Street Lemoyue, PA 17043 3, Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P,O, Box 2675 Harrisburg, PA 17105-2675 4, Name and address of the last recorded holder of every mortgage of record: . . MEMBERS 1 ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 5, Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6, Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale, 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUP ANTS 223 South Fifth Street Lemoyue, P A 17043 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa, CS. Section 4904 relating to unsworn falsification to authorities. GOLDBECK M' BY: Joseph A Gol, Attorney for Plainti f DATED: May 20, 2005 ....:--. ~-. :) c::> C~") <;;:f' _.1~ :1.": :_:;1 f;;-i 1".) tJl c.",J . 2005-01835 Civil Term . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Goldbeck, 1L Attorney I.D.# 16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK SBM W A YPOINT BANK SBM HARRIS SAVINGS BANK 601 Penn Street Reading, PAl 9601 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs, KELLY A HOLTZCLAW Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 223 South Fifth Street Lemoyne, PAl 7043 Term No, 2005-01835 Civil Term Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HOLTZCLAW, KELLY A. KELLY A. HOLTZCLAW 223 South Fifth Street Lemoyue, P A 17043 Your house at 223 South Fifth Street, Lemoyue, P A 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, September 07,2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$54,255.26 obtained by SOVEREIGN BANK SBM W AYPOINT BANK SBM HARRIS SAVINGS BANK against you, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I, The sale will be cancelled if you pay to SOVEREIGN BANK SBM W A YPOINT BANK SBM HARRIS SAVINGS BANK, the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay call: 2]5-627-1322 2, You may be able to stop the sale by filing a petitiou asking the Court to strike or open judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause, . . 2005-01835 Civil Term 3, You may also be able to stop the sale through other legal proceedings, You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale, (See notice below on how to obtain an attorney), YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of7l7-240-6390, 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value ofyaur property. 3, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale, To find out if this has happened, you may call the SherilT of7l7-240-6390, 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5, You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6. You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sherin's Sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed, 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, LEGAL SERVICES INC & Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle. PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Goldbeck, Jr, Attorney LD,#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, P A 19106-1532 215-627-1322 Attorne for Plaintiff SOVEREIGN BANK SBM W A YPOINT BANK SBM HARRIS SAVINGS BANK 601 Penn Street Reading, PA 19601 SB-0073 CF: 04/08/2005 SD: 11/02/2005 $54,255.26 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs, ACTION OF MORTGAGE FORECLOSURE KELLY A, HOLTZCLAW Mortgagor(s) and Record Owner(s) Term No, 2005-01835 Civil Term 223 South Fifth Street Lemoyne, P A 17043 Defendant( s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A, Goldbeck, Jr., Esquire, Attoruey for Plaintiff, hereby certifies that service on lhe Defendattts of the Notice of Sheriff Sale was made by: ( ) >< ( ) ( ) Personal Service by the Sheriff's Office/competent adult (copy of returu attached), Certified mail by Joseph A, Goldbeck, Jr. (origittal green Postal returu receipt attached). Certified rnail by Sheriff's Office. Ordittary mail by Joseph A. Goldbeck, Jr., Esquire to Attoruey for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sheriff's Sale by Attoruey for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriff's Office to Attoruey for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/competent adull (copy of returu attached). ( ) Certified Mail & ordinary mail by Sheriff's Office (copy ofretum attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached), ( ) Pttrsuant to the Affidavit under Rttle 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statemenls herein are sttbject t Section 4904, 4---\- - - I!n -I "o;~ ~H~ 4: \;;> \ -~i- a> ~ 8 -- ~u LLl a. 'z..... ~.!! '.11 @~6 ~!.- E~o=........-t:o:: LLa:::OC ::>(J)R .~~~.~~ E-O &l t)O~ t5~~ x:Z""'''''.!!!+-'Q) I.L ..,....wCf} 0'-<( fE.-'e.2fi~rn cnCl)Q LL-o... <<C~5HOI ~ ~~~ \ ~l ~ --- .ffi WOw djC'1E ~ ~ ~ ::2:::5:2 1-~.5 ~ ~ -~ -----+ !~ ! h Q I I I ~ Q~ z IW ~ u ~~ ~ I I i~c::~ a.. W I ~'E~ ~.~~~ ~ ~ ~l~J I ID giD.!? ~ :=l l~~~~ i ~ I ~~& I'" I o 0 =>w I f'-- ~. 5 l~~ e:'6~.~ . ~ t!~ ~I~~il~ I I ~ ~ H 0;1 m ~ <:> ~ I ~ B ~ ~ 0:, I I I ~ ~g~!j ~ ~~~~I ~~~~! . I I i oouno! ~~~~ I ~ n~I.~ I \ I I o 1Ioo'or'y 1. -1---1--1- I- I I I \ \ I I 1 I 1 I I I 1<0 ~~I_- or It", :I:~ ",,,, -+ ~~ :s~ ~ ffi E -g ..... :i " ww~ ID (J) .... 13 ~ ~~ I ~ I ~ I-::I:. ~X::QWo..N 1 UQ~..J", 2'w:gO::Wlt) I rom <(0";" ~9l!!:;;S~ ~05~i:~I' ~(I)~o..~ 1 IN I r' I"'; I" I -\ - -I- I I - C Gl E Gl ,. .-lilS ~ :>. " ~~ Gl J ~ I j 1 I -+ I =I~ .. - :1::- 'b ~. c"l :.0 <I' "..r \ 1__ .0 ,.,: 100 I II Ii I.~ o .~ I~ .0, II _jL lu 102 "0, il- Ern I.:i!.~ jj~ ,",'" 1m ~ I~ ~ au I~ . E"' :i!l;' 1_]1 iLIl If-..:l Gl e ~ ~ C o c .. 0- <! '5 0- ~ 1!I ~ o '" .5 " s J '" <l '* Q, E o () :r N '5 " '" '" ~ tj ~ 0 N ~ ~ ~ '\l ~ '" ...- 0 ... J: IX> <i '" '" ~ I'- ~ 0 0 0 "- , --' (/) ell UJ 0- (j) ~ . Complete Items 1, 2, end 3. Also compIeIe Item 4 ~ Restricted DllIItery Is desired. . Print your name and address on the reverse so thot we can return the card to you. . Attach this card to the beck of the mall piece, or on the front ~ space permits. 1. Article Addressed to: C. ~o/DeIivery 19-'1-t:6 O.lsdeliveiyaddress_trom_l? Dyes If YES. enter delivery address below: [J No SB-007~ltI7 HOLTZCLAW. KEllY A. 223 South Fifth Street lemoyne, PA 17043 .".....' 3, Servlce1YPe I;jI CertIfIed Mall D ExpIees Mall ~ Registered D Return Receipt for Merchandise D _red Mall D 0,0.0, 4, Rostncted Dellve<y? (Extta Fee) D Yes 2. Article Numbr .......;..l.~, (llansfor--iobolI"-'--" PS Form 3811, F~ 2004 1IIIIIIIRI..IIlllllmllmllllllllllUIIIIIIW II .7QQ4151QQOg]]'1]1119~ : Domestic Return ReceIpt 102595-02-M-1540 0- M M M rn '" .ll rn US Postal SerVice", CERTIFIED MAIL" RECEIPT '(DomestIc Mail Only; No Insurance Coverage PrOVIded) OFFiCI l USE Postage $ rn o o . o Return Receipt Fee (Endorsement Required) o Restricted Oellv8ry Fee ....=I (Endorsement RequIred) Ll1 ru Certified Fee Yes Total Postage & Fees $ .:r o ITo ~ &.iiSili~!,IZ.~_b..~~_..,...J5.f.L~_Y....~.,.......___.,.....__.,...._. oxpo'_'""," 223 South Fifth Street CiIY..sr.;;,;;:z,;;;:rm.T-emo.\'Tie.;-...1"1',m.l.')"O.If'3'.._.m----..... GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Goldbeck, Jr, Attorney I.D,#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK SBM W A YPOINT BANK SBM HARRIS SAVINGS BANK 601 Penn Street Reading, P A 1960 I IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs, KELLY A HOL TZCLA W Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 223 South Fifth Street Lemoyne, P A 17043 Term No, 2005-01835 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 SOVEREIGN BANK SBM W A YPOINT BANK SBM HARRJS SAVINGS BANK, Plaintiff in the above action, by its attorney, Joseph A, Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 223 South Fifth Street Lemoyue, P A 17043 l.Name and address ofOwner(s) or Reputed Owner(s): KELLY A, HOLTZCLAW 223 South Fifth Street Lemoyue, P A 17043 2, Name and address of Defendant(s) in the judgment: KELLY A HOLTZCLAW 223 South Fifth Street Lemoyue, P A 17043 3, Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg, - Room 432 P,O, Box 2675 Harrisburg, PA 17105-2675 4, Name and address ofthe last recorded holder of every mortgage of record: MEMBERS 1 ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 5, Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6, Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale, 7, Narne and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 223 South Fifth Street Lemoyne, P A 17043 (attach separate sheet ifmore space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, CS, Section 4904 relating to unsworn falsification to authorities. DATED: September 19, 2005 - () G f"-..) = c:::> o;:.n U' r'1 v 1') 0' o -1] --< ~:!J n't:: n " (;;1 ~:~J8 ::;:.\ ;oii .< -0 - ~ .'-' -J GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER, ESQUIRE Attorney 1.0. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 Attorney for Plaintiff SOVEREIGN BANK SBM WAYPOINT BANK SBM HARRIS SAVINGS BANK 601 Penn Street Reading, PA 19601 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. KELLY A. HOLTZCLAW Mortgagor and Record Owner 223 South Fifth Street Lemoyne, PA 17043 Term No. 2005-01835 Civil Term Defendant MOTION TO POSTPONE SHERIFF'S SALE Plaintiff, by and through its attorneys, GOLDBECK McCAFFERTY & McKEEVER, in support of its Motion to Postpone Sheriff's Sale, represents as follows: 1. Plaintiff is the holder of a mortgage upon the property located at 223 South Fifth Street Lemoyne, PA 17043 ("Property"). 2. Defendant is the mortgagor and record owner of the Property. 3. A Sheriff's Sale of the Property was scheduled for September 7, 2005, and was postponed until November 2, 2005, per a stipulation agreement between the Plaintiff and the Defendant. 4. If the scheduled sale is postponed until January 4, 2006, Plaintiff will have allowed enough time for the defendant to sell her property. 5. There is no prejudice to any party. WHEREFORE, Plaintiff requests that the Court enter Plaintiff's proposed to postpone the Sheriff's Sale until January 4, 2006.' Respectfully submitted, By: GOLDBECK McCAFFERTY & McKEEVER /1} " ( / / ;./ . r J...~ " / ;::"1/i _ . t 1 ..'----- .v F ' .;/,. "11/' / ' / (, / V L / ...I,~ J/ {'L.--'.' /' ,; ". ". Michael T. McKeever, Esquire VERIFICATION Michael T. McKeever, Esquire, hereby states that he is the attorney for the Plaintiff herein, and that all of the facts set forth within the Motion to Postpone Sheriff's Sale are true and correct to the best of his knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties of 18 P.S. Section 4904. By: GOLDBECK McCAFFERTY & McKEEVER ~(~A/h ./"/"-//,,,- Michael T. McKeever, Esquire -----, GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 Attorney for Plaintiff SOVEREIGN BANK SBM WAYPOINT BANK SBM HARRIS SAVINGS BANK 601 Penn Street Reading, PA 19601 P1a:i,ntiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY VS. NO. 2005-01835 Civil Term KELLY A. HOLTZCLAW Mortgagor and Record Owner 223 South Fifth Street Lemoyne, PA 17043 Defendant MEMORANDUM OF LAW pennsyl vania Rule of Civil Procedure 3129.3 (b) allows a judgment creditor to postpone a sheriff's sale once within a hundred day period without new notice. The postponement must be announced to all assembled bidders, As outlined in the attached motion, the Sheriff's Sale has already been postponed once as allowed by Pa.R.C.P. 3129.3(b). Plaintiff seeks Court approval under, inter alia, Pa.R.C.P. 126 to postpone the sale again. assembled bidders. This postponement will be announced to all CONCLUSION For all the reasons discussed above and in the attached Motion, the Court should enter the attached Order postponing the Sheriff's Sale. Respectfully submitted, By: GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER, ESQUIRE Attorney 1.0. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 Attorney for Plaintiff SOVEREIGN BANK SBM WAYPOINT BANK SBM HARRIS SAVINGS BANK 601 Penn Street Reading, PA 19601" IN THE COURT OF COMMON PLEAS Plaintiff OF Cumberland COUNTY VS, KELLY A. HOLTZCLAW Mortgagor and Record Owner 223 South Fifth Street Lemoyne, PA 17043 No. 2005-01835 Civil Term Defendant CERTIFICATE OF SERVICE I do hereby certify that true and correct copies of Plaintiff's Motion to Postpone Sheriff's Sale and all supporting papers hereto upon: KELLY A. HOLTZCLAW 223 South Fifth Street Lemoyne, PA 17043 via first class mail, postage prepaid, on this 19 day of October, 2005. GOLDBECK McCAFFERTY & McKEEVER By: ~d(f!Cllrfvv-..... ,." c::-, () II --I i~~ <_....1 ,-, (-" -"; r'.) C) (~-) c:..:' ~ './ . GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER, ESQUIRE Attorney i.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 Attorney for Plaintiff RECEI" 'T~l . OCT 2"0 :uu~' J I ! -- , () .. BY: SOVEREIGN BANK SBM WAYPOINT BANK SBM HARRIS SAVINGS BANK 601 Penn Street Reading, PA 19601 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Plaintiff VS. KELLY A. HOLTZCLAW Mortgagor and Record Owner 223 South' Fifth Street Lemoyne, PA 17043 No. 2005-01835 Civil Term Defendant ORDER AND NOW, this ~ day of ~ , 2005 upon consideration of Plaintiff's Motion to Postpone Sheriff's Sale and any response, it is ORDERED and DECREED: That the Motion is granted and the Sheriff's Sale ln the above-captioned matter is postponed until January 4, 2006, and month-to-month thereafter, without need for further _ .....7 'r;/. // THE C,OORT: ,,;1'/>/) ,.. ~/<:-:. // ~_\.- ' ,-,,'/ ../. /' j -. ;. " /" / .I the advertising and cost. BY J. / i \ "',- .,,'" ?JJ~ j 0 ll'o-'('"'\ f 'cf y00 he -rO rl'::~ Sovereign Bank s/b/m Waypoint Bank slb/m Harris Savings Bank VS Kelly A, Holtzclaw The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2005-1835 Civil Term Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2005 at 6:29 o'clock PM, she served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Kelly A. Holtzclaw, by making known unto Steve Hutcheson, adult in charge for Kelly A. Holtzclaw, at 223 South Fifth Street, Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same, Gerald Worthington, Deputy Sheriff, who being duly sworn according 10 law, states that on July 07, 2005 at 5:04 o'clock P,M" he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kelly A. Holtzclaw, located al 223 South Fifth Street, Lemoyne, Pennsylvania, according to law, R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Kelly A. Holtzclaw, by regular mail to her last known address of223 South Fifth Street, Lemoyne, P A 17043, This letter was mailed under the date of July 05, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Law Library Prothonotary Levy Surcharge Mileage Postage Certified Mail 30,00 993.45 15.00 15.00 .50 1.00 15.00 20.00 27.20 1.11 1234 Share of Bills Law Journal Patriot News 18.20 329.00 287,81 $1,765.61 Sworn and subscribed to before me 2005, AD, ~~9.,AFers ~ r~~~ ~ R Thomas Kline, Sheriff BY '- jod~ Sm,;j~ Real Estat Sergeant 1.:)D elL..').2) )1 ~/11'7<'l1 . , Goldbeck McCafferty & McKeever BY: Joseph k Goldbeck, Jr. Attorney to, #16132 Suite 5000 '.. Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK SBM WAYPOINT BANK SBM HARRIS SAVINGS BANK 601 Penn Street Reading, PA 19601 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs, CIVIL ACTION - LAW KELLY A HOLTZCLAW (Mortgagor(s) and Record Owner(s)) 223 South Fifth Street Lemoyne, PA 17043 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No, 2005-01835 Civil Term AFnDA VIT PURSUANT TO RULE 3129 SOVEREIGN BANK SBM W A YPOINT BANK SBM HARRIS SAVINGS BANK, Plaintiff in the above action, by its attorney, Joseph A, Goldbeck, Jr., Esquire, sets forth as oflhe date the praecipe for the writ of execution was filed the following information concerning the real property located at: 223 South Fifth Street Lemoyue, PA 17043 LNarne and address ofOwner(s) or Reputed Owner(s): KELLY A HOLTZCLAW 223 South Fifth Street Lemoyue, P A 17043 2, Name and address ofDefendant(s) in thejudgmenl: KELLY A HOLTZCLAW 223 South Fifth Street Lemoyue, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle,PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg, - Room 432 P.O, Box 2675 Harrisburg, P A 17105-2675 4, Name and address of the last recorded holder of every mortgage of record: i. MEMBERS 1 ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6, Name and address of every other person of whom the plaintillhas knowledge who has any record interest in the propcrty which may be allected by the sale, 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCur ANTS 223 South Fifth Street Lemoyue, P A 17043 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief I understand that false statements herein are made subject to the penalties of lR Pa. C.S. Section 4904 relating to unsworn falsification to authorities. GOLDBECK M BY: Joseph A Gol Attorney lor Plainti f DATED: May 20, 2005 2005-01835 Civil Term ~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Goldbeck, Jr. AttorneyLD,#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintifr SOVEREIGN BANK SBM W A YPOlNT BANK SBM HARRIS SAVINGS BANK 601 Penn Street Reading, PAl 960 1 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW VS, KELLY A HOL TZCLA W Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 223 South Fifth Street Lemoyne, PA 17043 Term No, 2005-01835 Civil Term Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HOLTZCLAW, KELLY A. KELLY A. HOLTZCLAW 223 South Fifth Street Lemoyue, PA 17043 Your house at 223 South Fifth Street, Lemoyue, P A 17043 is scheduled to be sold at Sherilfs Sale on Wednesday, September 07, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $54,255.26 obtained by SOVEREIGN BANK SBM W A YPOlNT BANK SBM HARRIS SAVINGS BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to SOVEREIGN BANK SBM WAYPOINT BANK SBM HARRIS SAVINGS BANK, the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause. 2005-01835 Civil Term 3, You may also be able to stop the sale through other legal proceedings, You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below ou how to obtain an attorney), YOU MAY STILL BE ABLE TO SAVE YOllR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder, You may tind out the price bid price by calling the Sheriff of717-240-6390, 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale, To llnd out if this has happened, you may call the Sheriffof7l7-240-6390, 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sherifl and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be tiled by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptiofl.."; (reasons why the proposed distribution is wrong) are tiled with the Sheriff within ten (10) days after the schedule of distribution is tiled, 7 . You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COllNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania; morc particularly boundcd and described as follows: BEGINNING at a point on the western line of Fifth Streel, one hundred (100) feet north of the nOt1hwest corner of Clinton (now Fifth) and Hennan streets; thence nOt1hwardly along he west line of Fifth Streets; thence northwardly along the west line of running through the center of Fifth Street twenty-nine (29) feet, more or less, to a line running through the center of the partition wall of he double house erected in pa/1 on the within described lot; thence along said center line of partition trough the house and continuing parallel to Herman Avenue tell' a tolal distance of one hundred ten (110) feet to a point on the eastern line of Lot No, 41 on the hereinafter mentioned Plan of Lots; thence southwardly along said line of Lot No, 41, twcnty- nine (29) feet, more or less, to the comer of lands now or late of First Church of Christ; thence eastwardly parallel 0 Hemla/l A venue and along lands of said Church, one hundred ten (110) feet to the place of BEGINNING, Having thereon erected a dwelling NO, 223 S. Fifth Street, Lemoyne, Pennsylvania, BEING the same premises which David H, Stone, Executor of the Last Wlll and Testament of Clark p, Sherwood granted and conveyed to Kelly A, Holtzclaw. Borrower herein, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1835 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK SBM WAYPOINT BANK SBM HARRIS SAVINGS BANK Plaintiff (s) From KELLY A. HOL TZCLA W (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $54,255.26 Interest FROM 10/1104 TO 5120/05 AT 6.2500% LL $.50 Atty's Corum % Atty Paid $121.84 Plaintiff Paid Date: MAY 25, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) ProthO~ '-.B y: 0/>0 " _t? ' /l;!/(/?~l' / Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No, 16132 Real Estate Sale #65 On June 13,2005 the Sherifflevied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 223 South Fifth Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 13,2005 By:Je cL.;\~ll\ Real Estate'Deputy (-) CViJ c:m:J C::::''::,"\: Gfc:) l?iro :~~::( __'. (.i/ r, :_: .~.~ i '::j ! _ , ." THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co" a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to veritY this staternent on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscella s Book "M", Volume 14, Page 317, PUBLICATION COpy S ALE #65 CUMBERLAND COUNTY SHERJFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRJOT-NEWS CO, For publishing the notice or publication attached hereto on the above stated dates 287,81 REAL ESTATE SALE No. 65 Writ No; 2005-1835 CIV/lTerrn Sovereign Bank sIbIm Waypolnt Bank sIbIm Harris Savings Bank Vs KalIy A. Ho_ Ally: Joseph Goldbeck DESCRIPlioN ALL 11lAT CERIl\lN piece 0>' parcel of IImd situate in the Borough of Lemoyne, County of Cumberland and State of Petmsylvania; more particularly bounded and described as follows: BEGINNING at a point on the Western line of Fiftb Street, one hundred (100) feet Nodh of tire Northwest comer of C1ioton (now Fifth) and lleJmao _, thenre NMhwanlly along Il>o West line of Fifth Street; thence North-wardly along the West line of nmning through the center ofFifib Street twenty nine (29) feet, more or less, to.1 line running through the center of the partition waUoftbedoOOlehOO.reerectedmpartondJe within described lot; thence along said centerline of plIltition through the house and continuing parallel to Herman Avenue for a total distance of one hundred ten (llO) feet to a point on the Eastern line of Lot No, 41 on /be......after meotioned Plan of LoI" thenre Soothwanlly along said line of Lot No. 4i, twenty oine (29) feet, IlK'Ie or Iess,to the comer ofiands now or late of Fim Chw<h of CInUt; thence Eastwardly parallel to Hen:nanAvenue and along lands of said Churclt, One hundred ten (110) feet to the place of BEGlNNJNG. HAVING thereon erected a dwelling No. 223 S. Fifth Street,Lemoyne,Pennsylvania, BEING tire ...., ~ wtrich David H. Stone,Ex"""" of /be Last Will and _, of Oarl< p, SOOwood granted and "",veyed "' Kelly A.Holtzclaw,Borrower herein. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), p, LI784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: July 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of lhe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, .- ( SWORN TO AND SUBSCRIBED before me this 29 day of Julv, 2005 NOTAAI SEAl LOIS E, SNYDER, Notary PubliG Carlisle Boro, Cumberland County My Commission Expires March S, 2009 REAL ESTATE SALE NO. 65 Writ No. 2005-1835 Civil Sovereign Bank, s/b/m Waypoint Bank, s/b/m Harris Savings Bank VS, Kelly A. Holtzclaw Atty.: Joseph Goldbeck ALL THAT CERTAIN piece or parcel of land situate In the Bor- ough of Lemoyne, County of Cumberland and State of Pennsyl- vania; more particularly bounded and described as follows: BEGINNING at a point on the western l10e of Fifth Street. one hundred (IOO) feet north of the northwest corner of Clinton (now Fifth) and Herman streets; thence northwardly along he west line of Fifth Streets; thence northwardly along the west line of running through the center of Fifth Street twenty-nine (29) feet, more or less, to a line running through the center of the partition wall of he double house erected in part on the within described lot; thence along said cen- ter line of partition trough the house and continuing parallel to Herman Avenue for a total distance of one hundred ten (110) feet to a point on the eastern line of Lot No. 41 on the hereinafter mentioned Plan of Lots: thence southwardly along said Hne of Lot No. 41. twenty-nine (29) feet. more or less, to the comer of lands now or late of First Church of Christ; thence eastwardly parallel to Herman Avenue and along lands of said Church, one hundred ten (l10) feet to the place of BEGIN- NING, Having thereon erected a dwell- ing NO. 223 S. Fifth Street, Le- moyne, Pennsylvania. BEING the same premises which David H. Stone, Executor of the Last Will and Testament of Clark P. Sherwood granted and conveyed to Kelly A. Holtzclaw, Borrower herein. .. , , GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Goldbeck, Jr. Attorney to, #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK SBM WAYPOINT BANK SBM HARRIS SAVINGS BANK 601 Penn Street Reading, PA 19601 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. KEllY A HOLTZCLAW (Morlgagor(s) and Record owner(s)) 223 Soulh Fifth Streel Lemoyne, PA 17043 No, 2005-01835 Civil Term PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE (') '" = 0 c: = ....q ;;':"" ",1 "tJl~: <::> -l nl';:'-' rrl ::t:.,., Z\^:"' C") rnF --:;;-< -"'tlC0 :(7) \.0 ::00 ~' ,:~,j(~ 1:-: ~ ~ ::r' - C 3: >:l;;~ ~~? 9 ;(SiTI ==-! ~ U1 5J 0~ -<