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Home My WebLink About05-2393 II II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW vs. ) ) ) ) ) ) MORTGAGE FORECLOSURE ) ) NO. Of; - c1m CIO~tT& 'OVEREIGN BANK, F.S.B., successor in nterest to Waypoint Bank, Plaintiff UANE E, GROVE and MELANIE M. ROVE, Husband and Wife, Defendants NOTICE TO DEFEND OU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE LAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION ITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE ERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY TTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR BJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, YOU ARE WARNED HAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A UDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT URTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR NY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY OSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. 'OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE lFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP 'HIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE \BLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY FFICE LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO BE. CUMBERLAND COUNTY BAR ASSOCIATOIN 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 PIOSA REILLY & CAPEHART LAW OFFICES By~C(7~) Thomas A. Capehar(Esquire Attorney for Plaintiff Attorney 1. D, No.5 7 440 PIOSA REILLY & CAPEHART ONE WINDSOR Pl.AZA 7535 WINDSOR DRIVE ALLENTOWN, PA 18195-1014 (6101530-7500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW OVEREIGN BANK, F.S,B., successor in nterest to Waypoint Bank, Plaintiff vs. ) ) ) ) ) ) ) ) NO. OS -;2392 C,,;tT~ DANE E. GROVE and MELANIE M. ROVE, Husband and Wife, Defendants MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes the Plaintiff, Sovereign Bank, F.S.B., successor in interest o Waypoint Bank, by and through its attorney, Thomas A. Capehart, Esquire, and vers a cause of action of which the following is a statement: 1, The Plaintiff, Sovereign Bank, F.8.B., successor in interest to aypoint Bank, Mortgagee, is a Pennsylvania corporation with a principal office ocated at 601 Penn Street, Reading, Berks County, Pennsylvania 19601. 2. The Defendants, Duane E. Grove and Melanie M. Grove are adult 'ndividuals currently residing at 2206 Ritner Highway, Shippensburg, PA 17257. 3. The Defendants, Duane E. Grove and Melanie M, Grove, are the wners of record of the premises known as 2206 Ritner Highway, Shippensburg, umberland County, Pennsylvania, and more fully described in Exhibit "N which 's attached hereto and incorporated herein (the "Premises"). LA.W OFFICO:S PIOSA REILLY & CAPEHART ONE WIND$OR PLAZA 7535 WINDSOR DRIVE ALLENTOWN, PA 18195-1014 \6\0\ 53D-7500 II 4. On February 7, 2002, the Defendants executed and delivered a ortgage to Plaintiff upon the Premises, which Mortgage was recorded on February 3, 2002 in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, n Mortgage Book 1749, Page 1039, et. seq. (the "Mortgage"). A true and correct 'opy of the Mortgage is attached hereto, marked as Exhibit "B", and incorporated ereln. 5. The Mortgage has not been assigned by the Plaintiff. 6. The Mortgage was given as collateral security for a loan to the efendants as evidenced by a Note executed by the Defendants on February 7, 2002 n the principal amount of Eighty-seven Thousand Three Hundred Forty-four ollars and Forty-nine Cents ($87,344.49) (the "Note"). A true and correct copy of he Note is attached hereto, marked as Exhibit "C", and incorporated herein. 7. The Mortgage is in default because the Defendants have failed to make onthly payments of principal and interest due under the terms of the Note and the ortgage since August 9, 2004. 8, Because ofthe aforesaid default, on or about March 1, 2005, an Act 91 otice to take Action to Save your Home from Foreclosure was mailed to the efendants by certified mail, return receipt requested, wherein Plaintiff demanded hat the Defendants make a payment of $12,147,98 as required by the Mortgage in LilW OFFICES rder to cure the aforesaid default. A true and correct copy ofthe said Act 91 Notice PIOSA REILLY & CAPEHART ONEWIND50R PLAZA 7535 WINDSOR DRIVE 's attached hereto and marked as Exhibit "D", and incorporated herein. ALLENTOWN, PA 18195-1014 (610) 530-7500 LAW OFFICES PIQSA REILLY & CAPEHART ONE WINDSOR P~AZA 7535 WINDSOF< DFlIVE Al~ENTOWN. PA 18195-1014 (610i 530-7500 II II \ I I I 9. A Notice of Availability of Home Ownership Counseling under the Housing and Community Development Act of 1987 was mailed to the Defendants by first class mail on March 1, 2005 pursuant to the Housing and Community Development Act of 1987, 42 U.s,C.S, Section 5301 et seq. A true and correct copy of the said Notice is attached hereto, marked as Exhibit "E", and incorporated herein. 10. A copy of the Verification Notice pursuant to the Fair Debt Collection Practices Act, 15 U,S.C. Section 1692, is attached hereto, marked as Exhibit "F" and incorporated herein. 11, The Defendants have failed to pay the amount demanded in the Act ~ll Notice in order to cure the said default. 12. Pursuant to the Mortgage, Plaintiff is permitted to recover reasonable attorney fees as part of this Mortgage Foreclosure Action, Plaintiff anticipates the legal fees in this matter to be One Thousand Sixty-five Dollars ($1,065,00). 13. As a result of the default which occurred on August 9, 2004 and since the mailing of the Notice, the following amounts are now due pursuant to the terms of the Mortgage: (a) Principal (b) Interest to 05/5/05 (c) Escrow Due (d) Late Charges (e) Misc. Fees (f) Atty Fees & Costs TOTAL $82,760.49 4,925.06 856.50 566.65 109.25 1,065.00 $ 90,282,95 !I I I: I I [ WHEREFORE, Plaintiff demands judgment in its favor and against the befendants, Duane E. Grove and Melanie M, Grove, in the amount of $90,282.95, flUs interest from May 5, 2005, late charges, escrow advances, costs of foreclosure rnd sale of the mortgaged property and costs of this proceeding and reasonable ~ttorney's fees as provided in the Mortgage. PIOSA REILLY & CAPEHART By --;tn([/# Thomas A. Capehart, Esquire Attorney for Plaintiff 1. D. No. 57440 LAW OFFICES PIOSA REILLY & CAPEHART ONE WINDSOR P~AZA 7535 WINDSOR DRIVE 1610) 530-7500 I I II [I Iii ALLENTOWN. PA 18195-1014 VERIFICATION I, JOSEPH R. SEDLOCK, JR., state that I am a Vice President of Sovereign Bank, Plaintiff in the within action, and as such, I am authorized to make this Verification on behalf of the said Sovereign Bank, and verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Dated: rra,:::, Y I ;)(Xxj ALL THAT CERTAIN tract of land situate in South Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows; BEGINNING at a point in Public Road, U,S. Route 11 at line oflands now or formerly of Grantors; thence along said lands, South 6 degrees 8 minutes East 235.87 feet to an iron pin; thence along lands now or formerly of Alfred Wagner et ux, South 74 degrees 32 minutes 20 seconds West 52.20 feet to an iron pin; thence continuing by the same lands, North 20 degrees 21 minutes 21 seconds West 205.25 feet to a point in the aforesaid Public Road, U.S. Route 11, North 60 degrees 27 minutes 37 seconds East 94,80 feet to a point; thence continuing through the aforesaid Public Road, U.S. Route 11, North 56 degrees 36 minutes 37 seconds East 16.82 feet to a point the place of BEGINNING, BEING al of Tract No.2 pursuant to survey of Wilbur H. Clifton, R.S., dated January 19, HJ79, and having a dwelling house erected. BEING THE SAME PREMISES which Duane E. Grove and Melanie M, Grove, Husband and Wife, by their Deed dated November 22, 1993 and recorded on November 30, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, at Deed Book Volume Q36, page 1127, granted and conveyed unto Duane E. Grove and Melanie M. Grove, Husband and Wife, the within mortgagors, their heirs and assigns. EXHIBIT "A" it it. lL.' ~ I{ 5 I {Joe> G 3 ~ Waypoint Bank and its successors and assigns 7 0 2nd and Pine Streets Harrisburg, Pennsylvania 17101 fHIS MORTGAGE made this 7 MORTGAGE day of February 02 between TXlANR F. ~ and MEIl\NIE M GROVE 01,2206 RI'INER HIGMAY SHIPPENSBURG, PA 17257 ,as Mortgagor, and Waypoin\ Bank and its successors and assigns of Harrisburg, Pennsylvania as Mortgagee. WITNESSETH that the Mortgagor has executed and delivered to the Mortgagee a Note/Agreement on this date in the face amount of $ 87..'A4.11J with interest thereon at the rate specified therein requiring the performance of all the terms. covenants and conditions therein contained; all of which are made an integral part hereof and incorporated herein by reference. As evidence of said indebtedness at Mortgagor to Mortgagee, and as security for payment of said Note/Agreement with interest and in consideration of $1.00 paid by Mortgagee, the Mortgagor does hereby bargain, self, grant and convey unto Mortgagee: ALL THAT CERTAIN piece of land together with all improvements thereon erected situate in: 1. ffiUPPfiNSRlJR(1 scum NF.WlTN , County otllMRF.RI.AND lCity,SoIf>,cr1wp.l 2 3, IClty, Boro, Or Twp.J , County of .,; N 1 in: Deed Book Q36 , Volume see Attached Exhibit A 2 in: Deed Boole Volume , Page 1127 -" ,.;> ,..... C::o '" ." rn~o !"Tl 0 U.J ?J :,'!.l ~l ~ ~., " _ P1-"l -;:1"'--' o . OON ..., - .0 ,.. <=0", :z;fT1r- ,...... P11 '-<0", , (J) -0 ".. ond PA rSlllelCommOflwnll/ll . known 8S: 1 ,..n 2206 Rl'INER IITGHWAY SHIPPENSBURG PA 172'S'P ,..... (..) , County of ICilY. Bcro,crTwp.l 2 3 IIdem,I,c'lionof MorrQlge<lp,emisesl For title into the Mortgagor see Deed recorded in the County of aJ.1BERI..ANO Page N 3 in: Deed Book , Volume Page TOGETHER with at! buildings, improvements, rights of way, rights and privileges. hereditaments and appurtenances. and the reversions, remainders. rents, issues and profits thereof. Mortgagor covenants and warrants that Mortgagor has full fee simple title to premises above described; that the buildings on the premises shall be kept insured against loss by fire and other casualty for benefit of Mortgagee in amounts satisfactory to Mortgagee, with standard Mortgagee clause; and Mortgagor will pay any tax, assessment, municipal or other governmental charge, including water and sewer rents charged to said premises, and will deliver to Mortgagee receipts therefor immediately upon demand. Provided that if ~aid Note is paid in accordance with its terms and it all other terms, conditions. and covenants of this mortgage and the aforesaid Note are performed, the estate hereby granted shall cease and this mortgage shall be void and of no effect. The transfer of My interest in the property mortgaged herein without the prior written consent of Mortgagee, except for a leasehold interest for three years or less. not containing an option to purchase, is a default hereul1dGf . In the event of default hereunder or under the terms of the note, the entire balance of the debt shall fall due and Mortgagee may institute an action of mortgage foreclosure hereon. If Mortgagee retains an attorney to institute action on said Note or an action of foreclosure on this mortgage. Mortgagor shall pay. in addition to the principal, interest and costs, an attorney's collection fee of 15% of the principal balance then due; and if a judgment is entered in favor of Mortgagee against Mortgagor in said suit and Mortgagee thereafter secures a Writ of Execution or other appropriate writ, Mortgagor waives all rights and benefits under any and all laws or rules of the court now or hereafter in effect, granting or permitting any exemption or stay of execution against the mortgaged premises or any other property wnatsoever, and such judgment shall bear interest at the applicable rate until the full amount due Mortgagee is actually paid. The word "Mortgageen shall be construed to include successors and assigns of Mortgagee, and the word "Mortgagor" shall be construed to include the respective heirs. executors, administrators, successors and assigns of Mortgagor. If there is more than one party named herein as a Mortgagor, the word "Mortgagor", whenever occurring, shall be deemed and taken to be the plural; and all covenants, waivers, warrants, promises, and releases by, and the obligations or liabilities imposed upon, Mortgagor under this mortgage shall bind them jointly and severally, together with each of tne]r respective heirs, executors, administrators. successors and assigns. Any forbearances by Mortgagee in exercising any right or remedy hereunder. or otherwise permitted by law, shall not be a waiver of or preclude the exercise of any such right Of remedy. IN WITNESS WHEREOF, and intending to be legally bound hereby, Mortgagor has hereunto set hand and seal the day and year first above written. Witnessed and delivered in the presence of: !(iJJ" (2/tv~ EXHIBIT ilK \ 7 \; S ',C, \ 03 I "BIl GOVERNING lAW: Terms following a 0 apply when checked. [XI If the Mortgaged Property is located within the Commonwealth of Pennsylvania, thei-I thi: agreement shall be governed by the laws of the Commonwealth of Pennsylvania, except to the extent that such laws have been preempted or superseded by Federal Law. o If the Mortgaged Property is located within the State of Maryland, then this agreernent shall be governed by the laws of the State of Maryland, except to the extent that such laws have been preempted or superseded by Federal Law. If this Agreement is governed by the laws of the State of Maryland, then the Lender elects to have this Agreement governed by Title 12 of the Commercial Law Article of the Annotated Code of Maryland. o Subtitle 9, Credit Grantors Open. End Provisions o Subtitle 10, Credit Grantors Closed - End Provisions STATE O~/%5" /V~/~t.. COUNTY OF ~j'h'~ ss: On this, the.~ 7#J day of ~----4-r-'1 ?~ 2 , before me the undersigned officer, personally appeared fl,~ r' aro..~ A->-2d /l~ Ia..,,.~ jt{. (S...,-~;/..f!:- Morlll"'llOl!SJ known to me lor satisfactorily proven) to be the person(s) whose name{s) is @ subscribed to the within instrument, and acknowledged that lhe, she, or ~xecuted the same for the purpose thr~rein contained. IN WITNESS WHEREOF, I have hereto set my hand and notarial seal. ~ .,.yP\l~ Notarfal Seal Jos&Ph~. Entenman, Nolary pubric Harnsburg, DauphIn CoUnty My Commission Expires Juiy 28. 2003 M&mbllr, PennSY!vQnia Asso.::istion Of Notaries the Mortgagee{s) and person entitled to interest on r HEREBY CERTIFY that the precise residence of this Mortgage is Waypoint Bank, 2nd and Pine Streets, Harrisburg, Pennsylvania 17101. j!...J (' tfl-,/L LOB"CUk:e< BK I 7lt 9 FC 04 0 . FE8-06-02 wto 04'11 PM fro1 : '-.. J ':~ DIRECl CONSUMER lOAN FPX \'(1. : fAX NO. 7111312970 P. 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Dythlll~ or W1Y1nCltlr1<<1IfI ~...lOr,O'l1'ololnlCiMiclnOI_tlinktuplcy.iNol....C'O,"'.,.,I/flIIll.lIItI'I~.D1r.C8l...".IIlD"~lnwhiah1MIloffOWIII".'..""...-..-llr..._1._IObol inlQ/._llIut\ltll8lorwf~d""".ft\Iv'Il8l:CIIlI.ct.M:l8l WI'j'pglnI.ingOCltl '.".,bell""M tllJlthoI'f1llDlCIDfDlWl'lnlhlf8ll/'lOll....IMtn.....ldlm an1rvqfW\y~ln8rlllCllUlt otcornp.Wftjur~''llliflllVllaorIOl'Hr..MVt~orll<llf'MUl/"rIDl1r.lnl''''0f1lnamll'1d1RlllT..,,..,.,inl_loIBo_lnthlMCWitYpIIIdgIodthlttl'-lNl.f901 IwIO'WWIO ...Il'l'l.w.ar prwonllhlcll1lnoraclon WdaQ.adMiorIlIIf ""'....Iu. fIIth'......11w Dr eandon"""" of lhe_rity. ASSUMPTTON AND PROVJSIONS AFFECTING REAL ESTATE II #lit __...__,Ill br'.M1.....#l.lf........... w~1 WIWl/liIltJlllDlwritwoconsenc.ollllY lnt_IIrIIlII........ .....1h8llrP'l: lit. ~__ rorlll,...,.....or_1IilII ~...eptJ0/'I1O""'c......ll.ftitllllt.......ndv. .~oftNI.WtfDledllIlll._.ilyllll'INlIoll'l_fIlM....lfI..lI\I_lIn08rlJt1hlr;'-"on1hlClllClIftll_. REMEDIES lIpOr1lhl~_. 0l1lW IlIItuft~I.w.ypQ/oTl:ll\llrhl\l.d.1;hcsIndIlrnIClI..wllh ruplCt to llIll t'llIbandlll8OO1i1t1n1I. J'IOYIdIdIlIflin IncIIIDlWldBdfOlroylwl.1IIl:IudlI'& witMullilllllMion. IhI ..MNyt...... u..tclI'tn Cornman:lll CCIltO. I/lQ" II -.dI rightllncl ,1lf*llII ....... be QIftUII'(N". Ta UlI ."""" J*1'I'iIt*l DY Itw. IIJIOf'I dttadt. Wlypoiifllllfl.U nwl_ itlllMdi*1I rig/If 01/ M'l-lllT ~Il"".,y..-..y ow<<! by W....IIOlIllIO 1'- 1....,__ 6' Iny.""",", or ...-"'. r"'undnQnl<f ...._"11I011 .,cIlDl at. copy or d1is/lOM1IIIl CoIIIttI'lI MDrt;'IiI_. ill:flPlic&bl., &(111I11",,01 ........Don"-T. 'Ii dJl::tL:::..ON_ 15E-'LI u:lli7 lSEALJ J.:ia57 ."" -- ISfoW ....- OOVERNlI\IG LAW: T.,/IW tQllowi..K'ppro, wh.1l c/>ICkId. :R I' lh10 ellllWlrell"rDPIny I;; 100000ed witllilllhl ClltlImonwuhh oIlO1lMSyhllllil, IllIn 1~11 ~III1*lC s'-II be "",.nad by IhII1wf,..t Cotnm(l/lwll/1l'l of ~...1nlI. IllClDl ta LI\I tltllfl'l (/lfl1U='I 1Iw. hIw8 bIlln p/ttnlptR..r IllUf*sIlfIcl b'i FMle<1I I.lIw. C IIl1l1COIlItItllIPfoptrryltIOClUlllwllhIn\he5'l."olMarvlIl1cl.tI\ItlIJljllli'IIrYWIC "'I~ 1M Qll'I'l/T!IO DY I,", I.wa ol 111I 511(' lit M.arrlend. 'lIl'IllC <<I l~t "'I~ Iha< luCh __bMtlPiWllll\llIIllIIUPWtMilllo(lbyfltllrlll.lw.Th.ltnlllflllCtltOflwtLNI ~mltl"{lIll"a'l\C!dhy$uDt~I.ID,CIlIIlhG'iInlO.,Clasldfncl",ov"1(I1'401Titll'20' 111I Com......daoI L.... -,'Iicl. 01 Till -.....o~_ Colli. 01 Marylll/lct. I "e" ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date of Notice: March 1, 2005 DUANE E. GROVE 2206 RITNER HWY. SHIPPENSBURG, PA 17257 Loan # 6817225019 This is an official notice that the mortl!al!e on your home is in default. and the lender intends to foreclose. Snecific information about the nature ofthe default is nrovided in the attached nal!es, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM ffiEMAP) may be able to heln to save vour home. This Notice exnlains how the nrOl!ram works, To see if HEMAP can heln. yOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with you when yOU meet with the Counselinl! Al!encv, The name. address and nhone number of Consumer Credit Counselinl! Al!encies servinl! your Countv are listed at the end of this Notice. If you have anY Questions. vou may call the Pennsvlvania Housinl! Finance Al!encv toll free at 1-800-342-2397,(Persons with impaired hearinl! can call (717) 780-1869), This Notice contains imnortant lel!al information. If YOU have any Questions. representatives at the Consumer Credit Counselinl! Al!encv may be able to help exnlain it, You maY also want to contact au attorney in YOUr area. The local bar association mav be able to heln vou find a lawver. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDlTAMENTE LLAMANDO ESTA AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA, HOMEOWNER'S NAME(S): DUANE E, GROVE MELANIE M. GROVE PROPERTY ADDRESS: 2206 RImER HWY. SHlPPENSBURG, PA 17257 LOAN ACCT. NO.: 6817225019 CURRENT LENDERfSERVICER: Sovereign Bank EXHIBIT ~ j liD" u. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGmLE FOR FINANCIAL ASSIST ANCE WHICH 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 CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY, 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. THIS MEETING MUST OCCUR WITHIN THE NEXT (30\ DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting, The names. addresses and teIeohone numbers of desi,nated consumer credit counselin, agencies for the county in which the prooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICA nON FOR MORTGAGE ASSISTANCE -- Y onf 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 wiIl assist 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 FAlL 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 -- A vailab!e funds for emergency mortgage assistance are very limited. They wiIl 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 INFORMA nON PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) -------------- ~----~-_._-------_..._-"~~--- ------------------------------- HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it UP to date), NATURE OF THE DEFAULT --The MORTGAGE held by Sovereign Bank (hereinafter we, us, or ours) on your property located at 2206 RITNER HWY" SHIPPENSBURG, PA 17257, IS SERIOUSLY IN DEFAULT because you have not made the monthly payments of $1,666,04 since AUGUST 9, 2004 to the present. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $12,147,98. The total amount includes late charges and any other charges that have accrued to this date. If yon disagree with the assertion that a default has occurred or the correctness of the calculated amount required to cure the default, contact: SOVEREIGN BANK CREDIT COUNSELING DEP AR1MENT PO BOX 798 SHILLINGTON P A 19607 1-800-929-0234 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYlNG THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $12,147.98, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments must be made either bv cash, cashier's check. certified check or money order made payable to Soverei~n Bank and sent to the above address. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its dehts 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 montWy 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 UDon vour morteaeed orooertv. 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 vou eure the default within the THIRTY (30\ DAY neriod. vou will not be required to Dav attornev'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 --If you 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 Dreventthe sale at anv time up to one hour before the Sheriff's Sale. You may do so bv Davin~ the total amount then past due. pIns anv late or other charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by perfonnine anv other reauirements under the mortgage. Curing your default iu the manner set forth in thIs notice will restore YDur mortgage to the same position as if you had never defaulted, EARLIEST POSSIBLE 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 six (6) 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 eourse, 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 action will be by contacting the lender. --~ - --- -------- ------ -~--- -------------~ HOW TO CONTACT THE LENDER: Name of Lender: SOVEREIGN BANK Address: PO BOX 798, SHILLINGTON, PA 19607 Phone Nnmber: 1-800-929-0234 Fax Nnmber: 610-378-6659 Contact Person: Joseph B, Higham, Assistant Vice President EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to rcmove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may have the right to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL TIlE PROPERTY TO OBT AlN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TIllS DEBT. TO HAVE TIllS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSillT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIlE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. This bank is a debt collector attempting to collect a debt and any information obtained from you will be used for that pnrpose. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date of Notice: March 1, 2005 MELANIE M. GROVE 2206 RITNER HWY. SHIPPENSBURG, PA 17257 Loan # 6817225019 This is an official notice that the mortl!al!e on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pal!es, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) maY be able to helD to save Your home. This Notice explains how the prOl!ram works. To see if HEMAP can help. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counselinl! Al!encv. The name. address and phone number of Consumer Credit Counselinl! Al!encies servin!! Your County are listed at the end of this Notice. If YOU have anv Questions. YOU may call the Pennsylvania Housinl! Finance Al!encv toll free at 1-800-342-2397.(Persons with impaired hearinl! can call (717) 780-1869), This Notice contains important lel!al information, If YOU have anv Questions. representatives at the Consumer Credit Counselinl! Al!encv maY be able to help explain it. You mav also want to contact an attorney in your area, The local bar association may be able to help YOU find a lawver. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): MELANIE M, GROVE DUANE E. GROVE PROPERTY ADDRESS: 2206 RITNER HWY, SHIPPENSBURG, P A 17257 LOAN ACCT. NO.: 6817225019 CURRENT LENDERJSERVrCER: Sovereign Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay offoreclosure 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. THIS MEETING MUST OCCUR WITHIN THE NEXT (30\ DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting, The names. addresses and teleohone numbers of designated coosumer credit counseling agencies for the countv in which the orooerty is located are set forth at the end of this Notice. It is only oecessary 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 information 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 fmancial 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 assist 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 PROMPlLY, IF YOU FAlL 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 filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it UP to date), NATURE OF THE DEFAULT --The MORTGAGE held by Sovereign Bank (hereinafter we, ns, or ours) on your property located at 2206 RITNER HWY" SHIPPENSBURG, PA 17257, IS SERIOUSLY IN DEFAULT because yon have not made the monthly payments of $1,666,04 since AUGUST 9, 2004 to the present. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $12,147,98. The total amount inclndes late charges and any other charges that have accrued to this date. If you disagree with the assertion that a default has occurred or the correctness of the calculated amount required to cure the default, contact SOVEREIGN BANK CREDIT COUNSELING DEPARTMENT PO BOX 798 SHILLINGTON P A 19607 1-800-929-0234 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 $12,147,98, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Pavments must be made either by cash, cashier's check. certified check or monev order made pavable to Soverei~n Bank and sent to the above address. IF YOU DO NOT CURE THE DEFAULT--Ifyoudo not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril!Ms to accelerate the mortUl!e deht, 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 vour mortl!al!ed orooertv . 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 vou cure the default within the THIRTY (30) DAY oeriod. vou will not be required to pav attornev'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 -- If you have not cured the default within the TIURTY (30) DAY period and foredosure proceedings have begun, vou still have the ri~ht to cure the default and Drevent the sale at any time UD to one hour before the Sheriffs Sale, You mav do so by Davinl! the total amount then past due. oIus anv late or other char~es then due. reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writinl! by the lender and bv oerforming anv other reauirements under the mort~age. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defanlted. EARLIEST rOSSffiLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice, A notice of the actual date of the Sheriffs 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 action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: SOVEREIGN BANK Address: PO BOX 798, SHILLINGTON, PA 19607 Phone Number: 1-800-929-0234 Fax Number: 610-378-6659 Contact Person: Joseph B, Higham, Assistant Vice President EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will 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 may have the right to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied, YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR,) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER, TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, This bank is a debt collector attempting to collect a debt and any information obtained from you will be used for that purpose, H1SPANlC AMERICANQR(;.,t,N\lATIOM 136 S. 4th Sv'" Allentown. PA 18102 Phone: 610435-5334 Fax: 610-435-2131 NEtGHBORHOOD HOUSII4G SERVJCES OF THE LEHIGH VALlEY INCORPORATED ' 239 N.10th Street Anentown. PA 18102 Phone: 6104374571 Fax: 610-437-9958 E-man: carolnhs@aol.eom Web$lte: WMV.aDentowmhs..org BLAIR COUNTY COMMUNrrY ACT10N AGENCY 2100 Sixth Avenue. Suite 102 AItoona, p" 16llO2- Fl>>ne:814-946-3651 Fax: 814-946-5451 HOUSING OPPORTUNfTE:S OF BEAVER COUNTY.IHCORPORATEO 650 Corporation St Sle 207 Beaver, PA 15009 Phone: 724-728--7511 Fax: 724-728-7202 E..;na,l; hobc@timesnet.net Website: wNw.hobt123.org COMMVNTY ACTION COMMmU OF UH1GH VAllEY. JtCORPORATED 651 East Broad SlreeI BeIhIehem, p" 18018 Fl>>ne: 61lHl91-5620 Fax: 61lHl91-6582 E-mail: pmorton@C1.ClV....1l Website: www.CAClV.org B\1TUR COUNTY HOUSING AlJT'HORfTY Nul Butler, p" 160Q3.1917 Fl>>ne: n4-28H797 Fax: 724-287-7906 CHESTER COMMUNITY IMPROVEMENT PROJECT 412 "veooe 01 the States Chesler, p" 19016 Phone: 61lHl76-8663 Fax: 61()...876-3449 CONSUMER CREDIT COUNSElR-IG SERVICE OF NORmEASTERH PENI4SYLV.ANIA 1400 Abington Exe<:utive Park S,,",,#1 C1ar1<s Summit, P" 18411 . Phone: 570-587-9163 TotI-Free: 800-922-9537 Fax: 570-587-9134 E-maR: cccsnepa@eplx.net ~ebsite; www.ccesnepa.org NORTHERN TIER COMMUNITY ACTJON CORPORATION 135W 4lh$\ Emporium, P" 15834-1123 Pl>one:814-486-1161 Fax: 814-486-0825 I::-mail; will18m.krog@nlcac.org . BAYFRONT NATO,IHCORI'ORATED 312 Chestnut 5t Erie, P" 16507-1222 F1lone:814~2761 Fax: 814-455-2743 E-mail;Bmll<center@aol.com Consumer Credit Counseling Agencies of PENNSYLVANIA GREATER ERIE COMMUNITY ACTlOH .-.GENCY 18W9!hSI Erle, P" 16501-1343 1't1one: 814-4594581 Fax: 814-45lHl161 E-maR: rllgeaC@erfe,net MIKT IoIAATIN CENTER 1701 P"",de Street Erle, P" 16503-1994 1't1one: 814-452-6113 Fax: 814-456-7310 E-mail: OPESCH1@AOI..COM SHENANGO VALLEY URBAN LEAGUE 601lndiana Ave Farren, fA 16121-1759 1't1one: n4-1l81-5310 Fax: 724-981-1544 E-maH: jlong@pgh.net FAJR HOUSING COUNCIL OF mE CAPfTAL REGION,INCORPORATED 2100 North 6th Street Hanfsbu<g, P" 17110-2401 1't1one: 717.238-11540 Fax: 717-233-5001 E-maU; hfhc@pa.net PeNNSYLVANIA HOUSING FINANCE AGENCY 2101 No<1h Front Street HarrIsburg, P" 17105-8029 1't1one: 717.780-3800 ToII-free: 800-342-2397 Fox; 717-780-3905 CONSUMeR CREDfT COUNSELWG SEfMCE OF WESTERN PEHN$YLVAHIA 2000 UngIeslovin Road, SulIe 302 Harrfsbt.wg, P" 1711 0 1't1one: 717-541-1757 T oII-free: 888-599-2227 Fox; 717-540-4670 E-malI: jcorrell@CCCSpa.org Website: www.cccspa.org INOIANACOUNTY COMMUHm' ACT10H PROGRAM. INCORPORATED 827 Water St Indiana, p" 15701-1755 Phone: n4-465-2657 Fox; 724-465-5118 E-malI: iCCN'@MI\Jl..MICROSERVE.NET CONSUMER CREDIT COUNSELJNQ SERVICE OF DELAWARE VAlLEY 8()1 Old Y<ll1< Road, S\lIe301 JenIdnIown, P" 19401. Phone: 215-881-6679 ToI-Free: 8()()"989~2221 E-mail; ClJ$lornerservice@cccsdv.erg Website: www.cccsdv.org TABOR COMMUNITY SERVICES 439 EKIng St Lancaster, P" 17602-3004 Phone: 717-397-5182 Fox; 717-399-4127 E-malI: kmmcdivitt@labornelorg HOUSING OPPORTUNmfS, INCORPORATED t337thSl Me Keespon, P" 15134 1't1one: 412-664-1590 Fax: 412.{i64-0873 E-maR: HOIMAIN@I\OLCOM Website: www.holslte.org CENTER FOR FAMILY SERVICES, INCORPORATED 213 W Center St Meadvilfe, P" 16335-3406 Phone: 814-337-8450 Fax: 614-337-8457 E-mail;chrisslcanne@hOtmaR.com CONSUMER CREOrr COUNSEUNG SERYtCE OF DELAWARE VAllEY 280 N. Providence Road Media, P" 19063- Phone: 61CH627-2Q45 ToI-Fr..: 800-989-2227 E-maH: customerservlce@CCCSdv.org Websile: www.cccsdv.org TREHAB CENTER OF NORTHEAST PENNSYLVANIA 10 PubrIC Avenue Montrose, P" 1880HI366 Phone: 570-278-3338 ToI-Free: 800-982-4045 Fax: 570-278-1889 E-maft: dpl1elps@trehab.OI1l Websile; www.trehab.org LAWRENCE COUNTY SOCIAL SERVICES INCORPORATED ' 241W. GtantStreet New Castle, P" 16103-0189 Phone: n4-658-7258 Fax:72~7_ E-maI: dheooon@lawcss.org CONSUMER CREDIT COUHSEUNG SElMCE OF DELAWARE VALLEY 190 Germantown Pike, Suite 140 tbli;;otown. PA 19401- Phone: 610-2n-Q578 ToI-Free: 800-989-2227 E-mail: custcmer.IefVi<@cccsdv....lI Webslte: www.ccesdv....lI NORTHWEST COUNSEUNG SERVICE 5001 N Broad SI Ph1adelphla, P" 19141-2217 Phone: 215-324-7500 Fax: 215-324-8753 E-mai: nwes@erols.com PHIl.ADE1.Ptf1A COUNCIL FDA COMMUJflY ADVANCEMENT 100 N 17th SI Ste 700 PhIladelphia, P" 19103-2736 Phone: 215-567-7803 Toll-Free: 8OQ..930-4663 F8JC 215-567-2236 E-mail: malI@phllapcca.Ol'9 Webslte: www.phI1apcca.org PHILADELPHIA HOUSIHG DEVELOPMENT CORPORATION 1234 Ma.tcetSI 17lhA Philadelphia, P" 19107-3n1 Phone: 215-448-3132 fax: 215-448-3188 E-mail: lhoma>roberla@hotmail.com TEHAHTS' ACllOH GROUP OF PHIU.DElPHlA 21 S 12th Sll2th A PhHadelphla, PA 19107-3614 Phone: 215-57/H)700 Fax: 215-57!HJ718 KOREAN COMMUNITY DEVELOPMENT SERVJCES CENTER W53-55 Nor1h 5th Street Philadelphia, P" 19120- Phone: 215-276-8830 Fax: 215-224-8150 D~ONOFDNERSWEDCOMMUNnY SERVtcES 1920 S. 20th Street Phibdelphia, PA 19146 Phone: 215-336-3511 Fax: 215-551..4327 E-mail: demelra.hltton@.i.erizon.c.QI.I.\ NEW KENSINGTON CoMMUNITY DEVELOPMENT CORPORAllON 2513-15 Frank(otd Ave Philadelphia. PA 19125-1708 Phone: 215-427-Q322 Fax: 215-427-1302 E-mait: NEWKENWlIBERTYNET,QRG .UHEMPLOYMEH'T INFORMATlON CENTER 1201 Chesloo( Slteet, #702 Philadelphia, PA 19107 Phone: 215-557-0822 fax: 215-557-6981 HOUSING ASSOCIATION INFORMATION PROGRAM 658-60 N Watts St PhIladelphia, PA 19123-2422 Phone: 215-978-0224 fax: 215-765-7614 ACORN HOUSING CORPORATION 846 N, Ilfoad Sl Philadelphia, PA 19130 Phone: 215-765-122. Fax: 215-765-0045 E-mait ahcpalcph@acom.org Website: www.acomhousIng.org CENTRO PEDRO CLAVER. INCORPORATED 3565 N 7th SI PhIladelphia, PA 19140-4<10\ Phone: 215-227-7111 Fax: 215-227-7105 E-mail: centro@libertynet.org: HISPANIC ASSOCIATION OF CONTRACIORS AND ENTERPRiSES 167 W. Allegheny Avenue, Sufte 200 Phlladelph/a, PA \91M1- . Phone: 215-426-8025 Fax; 215-426-9122 CONSUMER CREDrr COUNSELING SERVICE OF DELAWARE Y.AL1.EY 7340 Jackson Street Phlladelph/a, PA 19136- Phone: 800--989-2227 ToU-Free: 800-989.2227 E-maR: customerservice@cccsdY'.org Website: www.cccsdv.org ASOCIACION PUERTORKlUENOS EN MARtHA &lO Wesl O\amond Slteet PlVladelphia, PA 19122 Phone: 215-235-6070 Fax; 215-235-7335 E-mail: eaponte@amphouslng.Ofg GERMANTOWN SETTUMEHT 218 W. Chehen Avenue PhIladelphia. PA 19144 Phone:21~9-3'04 Fax: 215-843-n64 CONSUMER CREDIT CotJNSl:UNG SERVICE OF VELAWARE VALLEY 1515 Marke\S\Ste 1325 Philadelphia. PA 19102 PhOl1e: 215-563-5665 ToII-I'r..: 800-989-2227 Fax: 215-563-7020 E-mal1; dtagtiaferro@cetSdv.or9 Webslte: WWW.cccsdV.Ofg MOUNT AIRY, USA 6639-41 GermantownAve PhladclpNa, PA 19119 Phone: 215-844-6021 Fax: 21~4-9167 M"ERCULTUIW.. fAMIlY SERvtCES, INCORPORATED 4225 Chestnut SI Pl>1ad~a,PI\ 19104-3014 Phone: 215-380-1298 Fax: 215-386-9348 E-mail: Ifsi@isfinc.org Websi\e; www.1fslnc:.org PHILADElPHIA NEIGttBORHOOO HOUSING SERVlCES,INCORPORATED 51\ No<Ih Bn>ad S.4TH Floor Philadelphia, PA 19123 Phone: 215-988-9879 Fax: 215-98&-1207 NATIONAL ASSOCIATION Of' REAL ESTATE BROKERS HOUSING COUtI$E:lIfG AGENC't OF I'HUDEU'HIA 1420 W. Susquehama Philadelphia, PA 19121. Phone: 215-235-3737 Fax: 215-763-3799 E-mail: C21H37OO4@AOLCOM NUEVA ESPEJWlZA, INCORPORATED 4261 N. SlhSlreet Philadelphla,PA 19140 Phone: 215-324-0746 Fax; 215-324-2542 E-mail:~a.Ofg ACTK>N HOUSING,INCORPORATED 425 Slxlh Ave Stc 950 I'itlsbu<llh, PA 15219-1819 PhOl1e: 412-391-1956 Fax: 412-391.-4512 E-mail: at>@actiOnhouslng,O'lJ WebsIIe: www."""onhouslng.org NEIGHBORHOOD HOUSING SERVlCI!S. IHCORPOAATED 355 Slh Av<:. Suite 1022. P"'" IluiI<fing I'itlsbu<llh, PA 15222-2407 Phone: 412-281-9773 Fax: .412-218-9987 I.IR8AN LEAGUE OF PITTSBURGH One Smithl'ieJd $( 3rd Floor Pittsburgh, PA 15222-2222 Phone: 412-227-4802 Fax: 412-227-4870 E-mail: league@hlllhouse.cI<p.edu ntREE RIVERS CENTER FOR. INDEPENDENT LMNG 900 Rebecca Ave. f"lltsburgh, PA 1522t- Phone: 412-371-7700 Fax: 412-37t-943O E-mail; freed@trcll.Of"g Website: www.lrol.org FNR HOUSING SERw:.ES aHlER 7 Wood Street. Ste 402 Pittsburgh, PA 15222- Phone: 412-391-2641 Fax: 412':~"91.2195 CONSUMER CMOIT COUNSELING OF WESTERN PEN1<lSYLVAHIA 2403 Sidney Street, Suite 400 P;ltsburgh,PA 15203- Phone: "2-390-1300 ToIl-Free: 888-599-2227 Fax; 412-390-1336 Website: www,cecspa,org NAZARETlf HOUSlt:IG SfRVJCES 285 Benevue Road Pittsburgh, P A 15229-2173 Phone: 412-931-3510 Fax; 412-931-7255 E~I: bvandMer@mtnazarethcenter.org Websile: 'mfW.mtnazarethcenter.org GARtELD JUBK.EE ASSOCtATION, IHCOIU'ORATED 5138 Pem Ave Pittsburgh, PA 15224-1616 Phone: 412-865'5200 Fax: 412-665-5205 E-maR: GARFIElD@HlltHOVSE.CKP,EDtJ SCHUYKJU. COUMUHITY ACllON 225 N Centre St Potts_, PA 17901-2511 Phone: 570-822-1995 Fax: 570-622..()429 E-maI: ECotlOPP@PTD.NET BERKS COMMUHfTl' ACTION PROGRAM BUDGET COUNSEUHG CENTER 247 N 5thSI Readlng, PI\ 19601-3303 Phone: 610-375-7866 Fax: 610-375-7830 E-<oait: bcapbeJl<s@aol.com fElGHBORHOOO HOUSING SERVICES Of READlNG.1NCORPORATm 213 North 5thStreel, Suite 1030 Reading, PA 19601 Phone: 610-372-8433 Fax: 610-37+2866 SCRANTON NEIGHBORHOOD tfOUSUfG; SERVlCES,INCORPORATEO 401 W Mal1<e\ S, Scranton, 1"1\ 18508 Phone: 5~5Ir2490 Fax: 570-558-2496 E-mail: nhscos@epix.oet UNITED NEJGHBORHOOD CEHTERS OF lACKAWANHA. COUNTY 410 Olive Slree\ Scranton, PA t Il509- Phone: 570-343-8835 Fax: 570-342-3972 CATHOLIC SOCtAL SERV1CES 600 Wyoming Avenue Scranton, PA 18503 Phone: 57()..3..42-1295 Fax: 570-342..0985 E-mail: cathsoc@epix.net: MERCER COUNTY COMMUNITY ACTION AGENCY 296 A St. Sharon. PA 16146.1241 Phone: 724-342..0455 Fax: 724-342-1124 E-mail: HFK@nowonflfle.net PHOENIXVJLLE HOMES 250 N. Main Street Spring City, PA 19475- Phone: 610-94$-1797 Fax: 610-948-1765 E-mail: HOMES9339nO@aoteom CONSUMER CREDIT COUNSELING SERVICE OF NORntEASTERH PENNSYlVANIA 208 W. Hamilton Ave. Suite 1 State College. PA 16801- Phone: 814.238-3668 Fax: 814-238-3669 E-mail: ccesnepa@ceinetworks.eom Website: w.o.w.eccsnepa.org ...IOPENN LEGAL SERVICES 2054 E College Ave . State Co.Ilege. PA 16801-7201 Phone: 814-238-4958 Fax: 814-238-9504 CONSUMER CREDIT COUNSEUNG SERvtCE OF NORntEASTERN PENNSYLVANIA 411 MainSlreet,Suite 102E SlroUdsburg, P A 18360- Phone: 570-420-89aO Fax:: 570-420-8981 E-maR: eccsnepa@ptd.net Website: www.eccsnepaorg FAYETTE COUNTYCOMMUHITY ACTION """HcY 140 North Beeson Avenue Unlontown, PA 15401 Phone: 724-437-6050 Fax: 724-437-4418 E-maD: mstoboda@fccaa.org CONSUMER CREDIT COUNSELING SERVtCE OF DELAWARE VAlLEY 607 West Street Road Warmlnlster, PA 18974- Phone: 215~ Toft-Free: 800-989-2221 E-maR: customerservlce@cc:c:sdv.org Website: www.ccc:.sdv.org WARREN FOREST COUNTY ECONOMIC OPPORTUNITY COUNe'" 1209 Pemsjlvanla Ave W Warren, PA 16365-1841 Phone: 814-726-2400 ToI-Free: 800-231-1797 Fax: 814-n3-0510 E-man: swan@wfcaa.org COMMUNITY ACTION SOUTHWEST 150 W. Beau Street, Suite 304 Washington, PA 15301- Phone: 724-225-9550 Fax: 724-228-9966 E-mail: bmiller@caswg.org Website: www.caswg.org TR1-COUNTY P....TRJOTS FOR . INDEPENDENT LMNG 69 E Beau St Washington, PA 15301-4711 Phone: 724-223-5115 TTYITOO: 724-226-4028 Fax: 724-223-5119 E-mail: lrip@tripll.com Website: www.trIpil.com WASHINGTON COUHTY HOUSING AUTlfORfTY 100 Crumrine Tower. FraMfin Street Washingtoo, PA 1530H995 Phone: 724-228.0060 Fax: 724-228-6Oa9 WASHIHGTON-GREENE COMMUNITY ACTION CORPORATlON 22 W Ii9h St Waynesb<og, PA 15370-1324 Phone: 72<<52-2893 Fax: 724-627-n13 CONSUMER CREDIT COUNSELING SERVICE OF DELAWARE VALlEY 790 E. Market Street, SIJte 170 West chester. PA 19382- Phone: 610-l;92-4354 ToG-Free: 80Q-989-2227 E-mail: cuslomerservice@eecsdv.org Website: www.cccsdv.org CONSU"'ER CREDIT COUHSEUNG SERVICE Of LEHIGH VAllEY,INC 3671 Crescent Court East _II. PA 18052.()233 Phone: 61~21-4010 Fax: 61~21-8932 E-mail: cccslva@enter.net Website: www.const.mefCredillv.O<g COMMlSSK>N ON ECOHOIUC OPPOR1lJNITY OF LUZERNE COUHN 165 Arrber Lane Wolke> Ban-e, PA 18703-1127 Phone: 570-826.Q510 ToII-Free: 800-822-0359 TTYITOO: 800-432-8007 Fax: 570-829-1665 E-mail: ceo@s......lf.lk.net Website: www.ceopeopIehelplngpeople.O<g CONSUMER CREDIT COUNSELING SERVJCE OF HORntEASTERN PENNSYLVANIA n E. Market Street, 7th floor Wilkes Barre, PA 18701- Phone: 570-821.()837 Fax: 570-821-1785 E-mait cccsofpa@eptx.net Websfte; WWW.cccsnepa.org CONSUMER CREDIT COONSEUNG SERVICE OF HORniEASTERN PENNSYLVANIA 201 Basin Street, Sulte 6 WDliamsport, PA lnOl- Phone: 570-32H627 Fax: 570-32H626 E-maD: c<.:csnepa6@eplx.net Websile: W'foW.cccsnepa.org BUCK COUNTY HOUSING GROUP 2324 Second Street Pike 5lite 17 Wri9hlstown, PA 18940- Phone: 215-598-3566 T olI-Free: 866-866-0280 Fax: 215-598-1289 E-mail: nnifgram@bchg.org Website: bchg.org HOUSHG COUNCIL Of YORK 35 South Duke Street Yorl<, PA 17401- Phone: 717-854-1541 Fax: 717-845-7934 E-mail: sherrie@housing<Ouncit.or9 Website: WNW.housingcouool.Ofg HOUSING AND URBAN DEVELOPMENT ("Huon) NOTIFICATION IMPORTANT NOTICE OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987 PLEASE READ THIS NOTICE. HOMEOWNERSHIP COUNSELING MAY BE AVAILABLE TO YOU, DATE: March 1, 2005 TO: DUANE E, GROVE RE: Account No. 6817225019 FROM: Sovereign Bank The Housing and Community Development Act of 1987, requires that Sovereign Bank, F,S,B" notify eligible homeowners with delinquent home loans of the availability of homeownership counseling. Because your home loan is DELINQUENT, you may be eligible for homeownership counseling provided by certain non-profit organizations, The following organizations are experienced in the provision of homeownership counseling and have been approved by the Secretary of Housing and Urban Development ("HUD"), PLEASE CONTACT THE NEAREST COUNSELING AGENCY ON THE ATTACHED LIST OR CALL THE HUD TOLL FREE NUMBER AT 1.800.569-4287 FOR MORE INFORMATION. The Bank does not provide homeownership counseling, However, should you have any questions about your home loan or the attached list you may call or write to the Bank, The name, address and telephone number of our representative is: SOVEREIGN BANK CONSUMER COLLECTIONS PO BOX 798 SHILLINGTON PA 19607 1-800-929-0234 If you desire to receive homeownership counseling, it is important that you promptly contact a counseling agency from the attached list. Joseph R Sedlock Jr. Vice President EXHIBIT j D j "E" HOUSING AND URBAN DEVELOPMENT ("HUD") NOTIFICATION IMPORTANT NOTICE OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987 PLEASE READ THIS NOTICE. HOMEOWNERSHIP COUNSELING MAY BE AVAILABLE TO YOU, DATE: March 1, 2005 TO: MELANIE M. GROVE RE: Account No, 6817225019 FROM: Sovereign Bank The Housing and Community Development Act of 1987, requires that Sovereign Bank, F,S,B,. notify eligible homeowners with delinquent home loans of the availability of homeownership counseling. Because your home loan is DELINQUENT, you may be eligible for homeownership counseling provided by certain non-profit organizations, The following organizations are experienced in the provision of homeownership counseling and have been approved by the Secretary of Housing and Urban Development ('HUD'), PLEASE CONTACT THE NEAREST COUNSELING AGENCY ON THE ATTACHED LIST OR CALL THE HUD TOLL FREE NUMBER AT 1.800.569-4287 FOR MORE INFORMATION. The Bank does not provide homeownership counseling. However, should you have any questions about your home loan or the attached list you may call or write to the Bank, The name, address and telephone number of our representative is: SOVEREIGN BANK CONSUMER COLLECTIONS PO BOX 798 SHILLINGTON PA 19607 1-800-929-0234 If you desire to receive homeownership counseling, it is important that you promptly contact a counseling agency from the attached list. Joseph R Sedlock Jr, Vice President PIOSA REILLY & CAPEHART ATTORNEYS AT LAW MICHAEL). PIOSA THOMAS E. REILLY, jR, THOMAS A. CAPEHART ONE WINDSOR PLAZA, SUITE 202 7535 WINDSOR DRIVE ALLENTOWN, PENNSYLVANIA 18195-1014 TEL: (610) 530-7500 FAX: (610) 530-8190 TO: Duane E. Grove and Melanie M. Gove: We have filed this complaint against you on behalf of our client, Sovereign Bank, F.8.B. WE ARE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, 15 DS.C. Section 1692, TO PROVIDE YOU WITH THE FOLLOWING NOTICE: The amount of the debt owed by you is $90,282,95 as of May 5, 2005. Waypoint Bank is the original creditor for this debt. You have thirty (30) days from the date of this Notice to dispute the validity of this debt, If you fail to dispute the validity of this debt within thirty (30) days, we will assume the debt is valid and the amount of the debt is correct. If you notify us in writing that the debt or any portion thereof is disputed by you, we will obtain verification of the debt from our client and provide such verification to you. Please note, that despite the thirty (30) day period described above, the Bank is not required to wait thirty (30) days to take any actions to enforce its rights to collect the amount owed, including, but not limited to, filing a lawsuit against you, As such, you should expect the Bank to proceed with any such action within the time frame set forth in the accompanying complaint or documents, and any other previous correspondence you may have received directly from the Bank. Please note that if you have filed a petition in bankruptcy or if you have received a discharge in bankruptcy, this notice is for information purposes only and should not be considered as an attempt to collect the debt, but only enforcement of a lien against property, This letter is from a debt collector, This letter and any other correspondence from this office is an attempt to collect a debt and any information obtained will be used for that purpose, .~~ TZ~as A. C~p art EXHIBIT ''''F'' -be;" f""'.) 0 B ~ lr\ C) C'.;) <1 c) -,:) ~ ".,.,'" -< lrt ..-c;-: -~'"" ~ - i-1; i';;'~ -"''-0 ;',"1 tI1 I J -- -?;; ~ \..0 f" 1 ~ -:) W -t:: -,' -,',. ~ -.() ! C? :''\1- --.r::: f- .- c:> SHERIFF'S RETURN - REGULAR CASE NO: 2005-02393 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK FSB VS GROVE DUANE E ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GROVE DUANE E the DEFENDANT , at 1823:00 HOURS, on the 3rd day of June 2005 at 3515 ENOLA ROAD NEWVILLE, PA 17241 by handing to MELANIE M GROVE, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments 2206 RITNER HIGHWAY IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6,66 .00 10.00 ,00 34.66 So Answers: .~g?~~~ R. Thomas Kline 06/06/2005 PIOSA REILLY CAPEHART Sworn and Subscribed to before By: ..-;:} /~~(-. J/ /' I ;r..:..-e' c. /J!c/ -- Deputy Sheriff me this 13'1::- day of ~ d.AJt9t A.D. l~Q'~# r thonotary , SHERIFF'S RETURN - REGULAR CASE NO: 2005-02393 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK FSB VS GROVE DUANE E ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GROVE MELANIE M the DEFENDANT , at 1823:00 HOURS, on the 3rd day of June , 2005 at 3515 ENOLA ROAD NEWVILLE, PA 17241 by handing to MELANIE M GROVE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments 2206 RITNER HIGHWAY IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge So An;::~~<.~ 6.00 .00 .00 10.00 .00 16.00 R, Thomas Kline 06/06/2005 RIOSA REILLY CAPEHART Sworn and Subscribed to before me this /3 ~ day of ~ JDo5 A.D. Lk'th9otJ;;~oo,. " ~ By: /~ ~k (~'/S A' Deputy Sheriff Sover/Judgmnts/Cwnberland IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML DIVISION - LAW SOVEREIGN BANK, F,S,B., successor in interest ) to Waypoint Bank, ) NO, 05-2393 Plaintiff ) vs. ) ) DUANE E, GROVE and MELANIE M, GROVE, ) MORTGAGE FORECLOSURE Husband and Wife, ) Defendants ) PRAECIPE FOR .JUDGMENT Enter Judgment in favor of Plaintiff and against Defendants, Duane E. Grove and Melanie M, Grove. HIW. for want of failure to file a responsive pleadine to Plaintiffs Morteaee Foreclosure Complaint. X Assess damages as follows: Debt Interest from 05/05105 to (17/(17/05 @ $16.981day Attorney's Commission TOTAL $90,282.95 1,069,74 $91,352.69 Plus interest from (17/(17/05 and costs X I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a swn certain from the complaint. X Pursuant to Pa, R.c.P. 237.1, 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 the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe, A copy of the notice is attached. Date: 7/~ fa ) f -;:Z!d'~w~ Attorney for Plaintiff Attorney LD, No, 57440 One Windsor Plaza, Suite 202 7535 Windsor Drive Allentown, PA 18195-1014 (610) 530-7500 NOW, " ) u 1 'f IJ , 2005, JUDGMENT IS ENTERED AS ABOVE. By: ~Ch {J J} ?fA'/z~ 0" Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CML DMSION - LAW SOVEREIGN BANK, F.S.B" successor in interest ) to Waypoint Bank, ) NO, 05-2393 Plaintiff ) vs, ) ) DUANE E. GROVE and MELANIE M. GROVE, ) MORTGAGE FORECLOSURE Husband and Wife, ) Defendants ) ( X ) Notice is hereby given that a Default Judgment in the above-captioned matter has been e~teJed against you in the amount of $91,352.69 plus interest from July 7, 2005 and costs, on '- ", 1/ ,2005, I ( X ) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed, ~: .?{/2.()<rc,P ~.'?~ If you have any questions regarding this Notice, please contact the filing party: Thomas A, Capehart, Esquire One Windsor Plaza, Suite 202 7535 Windsor Drive Allentown, PA 18195-1014 (610) 530-7500 (This Notice is given in accordance with Pa,R.c.P. 236). CERTIFICATION OF ADDRESSES I, THOMAS A. CAPEHART, ESQUIRE, hereby certify that the precise address of the within-named Plaintiff, Sovereign Bank, is 601 Penn Street, Reading, PA 19601 and the precise address of the within-named Defendants, Duane E. Grove and Melanie M. Grove is 3515 Enola Road, Newville, Pennsylvania 17241. ---;/-4C c;d6 Thomas A. Capehart, Esquire NON-J\f1T ,IT ARY AFFIDAVIT COUNTY OF CUMBERLAND ) ) ) ss: COMMONWEALTH OF PENNSYLVANIA Before me, the undersigned authority, personally appeared Thomas A. Capehart Esquire, who being duly sworn according to law, doth depose and say that the Defendants, Duaene E. Grove and Melanie M. Grove were not in the Military or Naval Service, based on the following facts as of the date of this affidavit: Age of Defendant: Sui Juris Present Place of Employment: Unknown Present Place of Residence: 3515 Enola Road Newville, PA 17241 ~~ Thomas A. Capeh , Esquire Sworn to and subscribed before me this (u-#- day of July, 2005 A.D. vL~ ~e, ~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notanal Seal susan Morrison, NotarY Public upper Macungie Twp.. Lehigh COunty My CommiSSioO EJ<pires Mar. 1,2009 Member. pp.onsvlv3m8 ASSOGlat1on of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW OVEREIGN BANK, F.S.B., successor in ) 'nterest to Waypoint Bank, ) Plaintiff ) w. ) ) UANE E. GROVE and MELANIE M. ) GROVE, Husband and Wife, ) Defendants ) NO. 05-2393 MORTGAGE FORECLOSURE DATE OF NOTICE: June 23, 2005 0: Duane E. Grove 3515 Enola Road Newville, PA 17241 Melanie M. Grove 3515 Enola Road Newville, PA 17241 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. LAW OFFICES IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PAl 70 1 ~ (7] 7) 249-3166 PlOSA REILLY ,1<€a~ By~-"L( Thomas A. Capehart, sq. Attorney for Plaintiff Attorney 1. D. No. 57440 One Windsor Plaza, Suite 202 7535 Windsor Drive Allentown, PA 18195-1014 PIOSA REilLY 8: CAPEHART ONE WINDSOR Pl.-....ZA 7535 WINDSOR DRIVE ALLENTOWN, PA 18195-1014 (610) 530-7500 t A:) ~ "s. U:. \ :---a () (') ...., C-_? 0 c: = - () <:~ c.n -'f1 A- ---- ~ f';C: <- 'T!..,.., II"- <:J c::: r'- n1p== f'- -om ~ P= ."y - --t: ~'~)(J Its' ~ ---- -'..:!'''fi ';.L._-,-, 3? -. () 7"- - -":'h ""-",(J rt N t~m .-1 -L-. C> ~i; -t.. l" ..<: LI<W OFFICES PI05A REILLY & CAPEHART ONE WINDSOR PLI<ZA 7535 WINDSOR DRIVE ALLENTOWN. PA 18195-1014 (6101530-7500 II II II Sover/WdtOfExecutn/Cumberland II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in interest to Waypoint Bank, I Plaintiff vs. ) ) NO. 05-2393 ) ) ) ) MORTGAGE FORECLOSURE ) ) DUANE E. GROVE and MELANIE M, GROVE, Husband and Wife, Defendants PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue Writ of Execution on the above matter. Amount Due $ 91,352.69 Interest from 07/07/05 2,597.94 to Date of Sale (at $16.98 day) (Costs to be Added) $ TOTAL $ 93,950.63 Tho as A. Capeh , Esquire Attorney for Plaintiff Attorney 1. D. #57440 One Windsor Plaza, Suite 202 7535 Windsor Drive Allentown, PA 18195-1014 (610) 530-7500 ~ ?, ~ +- 0 ~ ;...J ~ ~ - ...l:::. ~ ~ --.() ...':t 0l l w ........ tf""- t - ~ G kf "" l - -{.q. w i<). >-.J W <0- ~ ~ -(' '-.J -:-0 ~ ~ "- ~ C> \"" 0 ~ "1 0 Ii( () ~ ~ r--t~C; C' C C I r:~ I -:U f':lr , ~ ~ b - - , - tJ;:JL- - , - ~ y;t- - , - '-0. ~ -.. ~ ~ Q Q (:;:.=t ""0 (~.; (:.T' .-i ~ :;I;.::Q c::: me: c"> :3 'q ::. ~o :t:.~ -,.. (")~ S:: f!j'rn u:> :;; .' "jJ o ::.<; -' -;:j{i~" C~)~': ::-:;:.': ~, \_" 0) ,r:.. ~i:~:; -)7 c: ~ -. LAW OFFICES PIOSA REILLY & CAPEHART ONE WINDSOR PLAZA 7535 WINDSOR DRIVE ALLENTOWN, PA 18195-1014 16101530-7500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ) ) ) ) ) ) MORTGAGE FORECLOSURE ) ) I SOVEREIGN BANK, F.S.B., successor in II interest to Waypoint Bank, I Plaintiff I vs. I II DUANE E. GROVE and MELANIE M. I GROVE, Husband and Wife, II Defendants III III Thomas A. Capehart, Esquire, attorney for Plaintiff in the above action, sets forth, as of 'I the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 2206 Ritner Highway, Shippensburg, Cumberland County, l(ennSYlVania and more particularly described in Exhibit "A" attached hereto: I I. The names and last known address of the Owners or Reputed Owners of the I Property are: Duane E. Grove and Melanie M. Grove, 3515 Enola Road, Newville, Pennsylvania 17241. ' NO. 05-2393 AFFIDAVIT PURSUANT TO RULE 3129.1 I 2. The names and last known address ofthe Defendants in the judgment are: Duane E. Grove and Melanie M. Grove, 3515 Enola Road, Newville, Pennsylvania 17241. II 3. The name and last known address of every judgment creditor whose judgment is I a record lien on the real property to be sold is: I a) Sovereign Bank, F.S.B., 601 Penn Street, Reading, Pennsylvania 19601; $91,352.69; dated 07/06/05; No. 05-2393-Civil, Cumberland County records. I 4. The names and last known addresses of the last recorded holders of every mortgage of record are: a) Sovereign Bank, F.S.B., successor in interest to Waypoint Bank, 601 Penn Street, Reading, Berks County, Pennsylvania 19601; $87,344.49; recorded 2/13/02; Mortgage Book Volume 1749, Page 1039. ! b) Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, 419 Stonehedge Drive, Suite 2, Carlisle, P A 17013; recorded 12/31102; Mortgage Book Volume 1789, Page 3801. 5. There are no other known persons who have any record lien on the property. LAW OFFICES PIOSA REILLY & CAPEHART ONE WINDSOR PLAZA 7535 WINDSOR DRIVE ALLENTOWN, PA 18195.1014 1610) 530.7500 6. There are no other persons who have a record interest in the property and whose interest may be affected by the sale. I 7. There are no other persons who has any interest in the property which may be II affected by the sale. 11'1 I verify that the statements made in this Affidavit are true and correct to the best of my I personal knowledge, information and belief. I I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. I Section 4904 relating to unsworn falsification to authorities. II I II Dated: II II II II ,I II I[ [ 7/'; ~fc, r ! . PIOSA REILLY & CAPEHART -77~{9A c1 Thomas A. Capeh , EsqUIre Attorney for Plaintiff Attorney 1. D. #57440 One Windsor Plaza, Suite 202 7535 Windsor Drive Allentown, PA 18195-1014 (610) 530-7500 ALL THAT CERTAIN tract ofland situate in South Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in Public Road, U.S. Route 11 at line oflands now or formerly of Grantors; thence along said lands, South 6 degrees 8 minutes East 235.87 feet to an iron pin; thence along lands now or formerly of Alfred Wagner et UK, South 74 degrees 32 minutes 20 seconds West 52.20 feet to an iron pin; thence continuing by the same lands, North 20 degrees 21 minutes 21 seconds West 205.25 feet to a point in the aforesaid Public Road, U.S. Route 11, North 60 degrees 27 minutes 37 seconds East 94.80 feet to a point; thence continuing through the aforesaid Public Road, U.s. Route 11, North 56 degrees 36 minutes 37 seconds East 16.82 feet to a point the place of BEGINNING. BEING al of Tract No.2 pursuant to survey of Wilbur H. Clifton, RS., dated January 19, 1979, and having a dwelling house erected. BEING THE SAME PREMISES which Duane E. Grove and Melanie M. Grove, Husband and Wife, by their Deed dated November 22, 1993 and recorded on November 30, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, at Deed Book Volume Q36, page 1127, granted and conveyed unto Duane E. Grove and Melanie M. Grove, Husband and Wife, their heirs and assigns. EXHIBIT "A" o (~ Qj~:- "--:.., ~:~ .,: N <'" =' "" "'" c:: G'" - - !4_~ ;~~; ~;:::i .-<. ~ ~:1J ...,-,1=8 -i:Jl-:l (.:,::)T :;;S', ~g o -'" 70 '-< .",. :;-,.: '-P. o -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW I SOVEREIGN BANK, F.S.B., successor in I interest to Waypoint Bank, Plaintiff vs. DUANE E. GROVE and MELANIE M. , GROVE, Husband and Wife, Defendants ) ) ) ) ) ) MORTGAGE FORECLOSURE ) ) NO. 05-2393 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA. R.C.P. 3129 TO: Duane E. Grove 3515 Enola Road Newville, PA 17241 Melanie M. Grove 3515 Enola Road Newville, PA 17241 Your real estate located at 2206 Ritner Highway, South Newton Township, Cumberland County, Pennsylvania is scheduled to be sold at a Sheriffs Sale on December 7, 2005 at 10:00 A.M. in the Commissioners Hearing Room 2nd Floor, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA to enforce the court judgment of , $91,352.69, plus interest from July 7, 2005 and costs of this proceeding, obtained by SOVEREIGN BANK. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to Sovereign Bank and/or its attorney, Thomas A. Capehart, Esquire, the entire judgment amount, accrued interest, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 530-7500. 2. You may be able to stop the sale by filing a Petition asking the Court to strike or open the judgment if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. LAW OFFICES PIQSA REILLY 6: CAPEHART ONE WIND50~ PLAZA You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale. (See Notice on Page Three on how to obtain an attorney). 7535 WINDSOR DRIVE ALLENTOWN. PA 18195.1014 1610) 530.7500 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE , I I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. Yau , may find out the price bid by calling (610) 530-7500. 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (610) 530-7500. 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 will bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses or ways of getting your real estate back if , you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PAl 7013 (71 7)240-6200 PIOSA REILLY & CAPEHART Dated: 7 /;.~.k) By. /J:-~(G!'g Thomas A. Capehart, E quire Attorney for Plaintiff I. D. No. 57440 One Windsor Plaza, Suite 202 7535 Windsor Drive Allentown, PA 18195-1014 l.AWOFFICES PIOSA REILLY & CAPEHART ONE WINDSOR PLAZA 7535 WINDSOR DRiVe: ALLENTOWN, PA 18195-1014 (6101530-7500 ALL THAT CERTAIN tract of land situate in South Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in Public Road, U.S. Route 11 at line oflands now or formerly of Grantors; thence along said lands, South 6 degrees 8 minutes East 235.87 feet to an iron pin; thence along lands now or formerly of Alfred Wagner et ux, South 74 degrees 32 minutes 20 seconds West 52.20 feet to an iron pin; thence continuing by the same lands, North 20 degrees 21 minutes 21 seconds West 205.25 feet to a point in the aforesaid Public Road, U.S. Route 11, North 60 degrees 27 minutes 37 seconds East 94.80 feet to a point; thence continuing through the aforesaid Public Road, U.S. Route 11, North 56 degrees 36 minutes 37 seconds East 16,82 feet to a point the place of BEGINNING. BEING al of Tract No.2 pursuant to survey of Wilbur H. Clifton, R.S., dated January 19, 1979, and having a dwelling house erected, BEING THE SAME PREMISES which Duane E. Grove and Melanie M. Grove, Husband and Wife, by their Deed dated November 22, 1993 and recorded on November 30, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, at Deed Book Volume Q36, page 1127, granted and conveyed unto Duane E. Grove and Melanie M. Grove, Husband and Wife, their heirs and assigns. EXHIBIT "A" 8 -? ...-.. 4:) i..-;. (}-,\L ~) (:.2-" ~i~~ J--'C: ~/ ..':~~ :"" r,;::t, ~ ~ ...' - q. ~~, -""tTI -elL) --,;!.., t:~:::;:: -;:;"", (:)0 2m C2, ',I;'; :2: - 'P' :;::,~ oJ:) .' Cl ..... WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2393 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, F.S.B., SUCCESSOR IN INTEREST TO WAYPOINT BANK, Plaintiff(s) From DUANE E. GROVE AND MELANIE M, GROVE (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 $91,352,69 L.L. $.50 Interest FROM 7/7/05 TO DATE OF SALE (AT $16.98 DAY) -- $2,597,94 Atty's Comm % Due Pro thy $1,00 Atty Paid $132,66 Other Costs Plaintiff Paid Date: AUGUST 11,2005 CURTIS R. LONG (Seal) prothon~ p 21E / '-...!:!y. O/kP . ~T< Deputy REQUESTING PARTY: Name THOMAS A. CAPEHART, ESQUIRE Address: PIOSA REILLY & CAPEHART ONE WINDSOR PLAZA, SUITE 202 7535 WINDSOR DRIVE ALLENTOWN, PA 18195-1014 Attorney for: PLAINTIFF Telephone: 610-530-7500 Supreme Court ID No. 57440 LAW OFFICES PIOSA REILLY & CAPEHART ONE WINDSOR PLAZA 7535 WINDSOR DRIVE ALLENTOWN, PA 18195-1014 (610) 530-7500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor ) In interest to Waypoint Bank, ) Plaintiff ) '"-S. ) ) DUANE E. GROVE and MELANIE M. ) GROVE, Husband and Wife, ) Defendants ) CERTIFICATE OF SERVICE NO. 05-2393 I, Thomas A. Capehart, Esquire, hereby certify that on the 5"' day of October, 2005 a true and correct copy of the Notice to Lien Creditors Pursuant to Rule 3129, was mailed by United States first-class mail, postage prepaid, to the interested parties listed below. Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co, of PA 419 Stonehedge Drive, Suite 2 Carlisle, PA 17013 ~~~ Tho as A. Capehart, uire Attorney for Plaintiff One Windsor Plaza, Suite 202 7535 Windsor Drive Allentown, PA 18195-1014 (610) 530-7500 . ., One piece of ordinary mail addressed to: I i 1 I ,1\ f \rove-- U.S. POSTAL SERVICE MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, PROVIDE FOR INSI ,,,........~ ~........~... ......-~..... R.",,,dFrom THOMAS A CAPEHART PIOSA REILLY & CAPEH 7535 WINDSOR DRIVE SUIT ALLENTOWN PA 18195-1014 '\3.e~(' \ i'l0 ( rcE-.LcreC' \:AWn. X'\~ Qc '. djb\~ \3on-:\\('\i\Q \6rr>.0,IV',~ (',-... . cP 71,>. 11~ S~qe. U{'. , Su\\e.J.. CO\\'',;1e 7'4 lto'~ PS Form 3817, January 2001 .',,-liI ;:Y', I'J!) " "'J .~ Co I:) 0=> C:;:l ".) ~ V" ~h > ...., c:::.1 c..;~> ,:,;-"1 () -n ~~7J ""T'1C',~ C:) C'" -1 , I.> -71 r:.? 01 G COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Sovereign Bank F S B is the grantee the same having been sold to said grantee on the 7th day ofDec A.D., 2005, under and by virtue of a writ Execution issued on the 11th day of Aug, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 2393, at the suit of Sovereign Bank F S B against Duane E Grove & Melanie M is duly recorded in Sheriffs Deed Book No. 272, Page 3145. IN TESTIMONY WHEREOF, I hav~ereunto set my hand and eal of said office this 0' day of , A.D. dtJtJC ecorder of Deeds Deeds, Cumberland CcunIy, CIItIIIe, p", . ExpIres the FirIt Mondily of Jon._ ;ttJIO " .' Sovereign Bank, F.S.B" successor in Interest to Waypoint Bank VS Duane E. Grove and Melanie M. Grove The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2393 Civil Term Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 15, 2005 at 6:10 o'clock PM, he 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 defendants, to wit: Duane E. Grove and Melanie M. Grove, by making known unto Melanie Grove, personally and wife of Duane E. Grove, at 3515 Enola Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 13,2005 at 3:50 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 Duane E. Grove and Melanie M. Grove located at 2206 Ritner Highway, Shippensburg, 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 defendants, to wit: Duane E. Grove and Melanie M. Grove, by regular mail to their last known address of 3515 Enola Road, Newville, P A 17241. These letters were mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 7, 2005 at 10:00 o'clock A.M, He sold the same for the sum of$1.00 to Attorney Thomas Capehart for Sovereign Bank, F.S.B. It being the highest bid and best price received for the same, Sovereign Bank, F.S.B. of 601 Penn Street, Reading" PA 19601 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$934.86. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.00 18.33 15.0015.00 30.00 10.00 .50 1.00 21.12 4.42 Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 15.00 30.00 .74 341.00 317.36 20,89 25.00 39.50 $ 934.86 Sworn and subscribed to before me 2006, A.D. So Answers: R. Thomas Kline, Sheriff , - I BY \)0 rllSwuth Real Estate: ergeant ~c1J-d jDoV ( :,1) , I:!-k.s,) 37Y ~ t1J/9o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION - LAW . SOVEREIGN BANK, F.S.B" successor in \ interest to W aypoint Bank, Plaintiff vs. i' il II DUANE E. GROVE and MELANIE M. I GROVE, Husband and Wife, :1 Defendants I II ! ) ) ) ) ) ) MORTGAGE FORECLOSURE ) ) NO. 05-2393 AFFIDAVIT PURSUANT TO RULE 3129.1 Thomas A. Capehart, Esquire, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the I real property located at 2206 Ritner Highway, Shippensburg, Cumberland County, I Pennsylvania and more particularly described in Exhibit "A" attached hereto: , I 1. The names and last known address of the Owners or Reputed Owners of the Property are: Duane E. Grove and Melanie M. Grove, 3515 Enola Road, Newville, : Pennsylvania 17241. . 2. The names and last known address of the Defendants in the judgment are: Duane i E. Grove and Melanie M. Grove, 3515 Enola Road, Newville, Pennsylvania 17241. 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold is: I a) Sovereign Bank, F.S.B.. 601 Penn Street, Reading, Pennsylvania 19601: I $91,352.69; dated 07/06/05; No. 05-2393-Civil, Cumberland County records. 4. The names and last known addresses of the last recorded holders of every mortgage of record are: a) Sovereign Bank, F.S.B., successor in interest to Waypoint Bank, 601 Penn Street, Reading, Berks County, Pennsylvania 19601; $87,344.49; recorded 2/13/02; .IMortgage Book Volume 1749, Page 1039. P'05A R~~:C~';'~:PEHART I b) Beneficial Consumer Discount Company d/b/a Beneficial Mortgage ONE WINDSOR PLAZA I 7535W,"",O' 0"" Company of Pennsylvania, 419 Stonehedge Drive, Suite 2, Carlisle, PA 17013; recorded A",",OW' PA '.'95 00" 12/3 1/02; Mortgage Book Volume 1789, Page 3801. 161015307500 5. There are no other known persons who have any record lien on the property. , LAWOFFICE$ PIOSA REILLY & CAPEHART ONE WINDSOR PLAZA 7535 WINDSOR DRIVE ALLENTOWN. PA 18195-IOtA 16101530.7500 'I .il I I , 6. There are no other persons who have a record interest in the property and whose ! interest may be affected by the sale. 7. There are no other persons who has any interest in the property which may be affected by the sale. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: j/; ~~ ,- PIOSA REILLY & CAPEHART /7~(C!A g Thomas A. Capehar(Esquire Attorney for Plaintiff Attorney 1. D. #57440 One Windsor Plaza, Suite 202 7535 Windsor Drive Allentown, PA 18195-1014 (610) 530-7500 ALL THAT CERTAIN tract ofland situate in South Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in Public Road, U.s. Route 11 at line oflands now or formerly of Grantors; thence along said lands, South 6 degrees 8 minutes East 235.87 feet to an iron pin; thence along lands now or formerly of Alfred Wagner et ux, South 74 degrees 32 minutes 20 seconds West 52.20 feet to an iron pin; thence continuing by the same lands, North 20 degrees 21 minutes 21 seconds West 205.25 feet to a point in the aforesaid Public Road, U.S. Route 11, North 60 degrees 27 minutes 37 seconds East 94.80 feet to a point; thence continuing through the aforesaid Public Road, U.S. Route 11, North 56 degrees 36 minutes 37 seconds East 16.82 feet to a point the place of BEGINNING. BEING al of Tract No.2 pursuant to survey of Wilbur H, Clifton, R.S., dated January 19, 1979, and having a dwelling house erected. BEING THE SAME PREMISES which Duane E. Grove and Melanie M. Grove, Husband and Wife, by their Deed dated November 22, 1993 and recorded on November 30, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, at Deed Book Volume Q36, page 1127, granted and conveyed unto Duane E. Grove and Melanie M. Grove, Husband and Wife, their heirs and assigns. EXHIBIT "A" , LAW OFFICES PIOSA REILLY & CAPEHART ONE WINDSOR PLAZA 7535 WINDSOR DRIVE ALLENTOWN. PA 18195.1014 \6101530.7500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION - LAW , SOVEREIGN BANK, F.S.B., successor in interest to Waypoint Bank, Plaintiff ) ) NO. 05-2393 ) ) ) ) MORTGAGE FORECLOSURE ) ) vs. DUANE E. GROVE and MELANIE M. GROVE, Husband and Wife, Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA. R.C.P. 3129 TO: Duane E. Grove 3515 Enola Road Newville, PA 17241 Melanie M. Grove 3515 Enola Road Newville,PA 17241 Your real estate located at 2206 Ritner Highway, South Newton Township, Cumberland County, Pennsylvania is scheduled to be sold at a Sheriffs Sale on December 7, 2005 at 10:00 A.M. in the Commissioners Hearing Room 2nd Floor, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA to enforce the court judgment of $91,352.69, plus interest from July 7, 2005 and costs of this proceeding, obtained by SOVEREIGN BANK. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Sovereign Bank and/or its attorney, Thomas A. Capehart, Esquire, the entire judgment amount, accrued interest, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 530-7500. 2. You may be able to stop the sale by filing a Petition asking the Court to strike or open the judgment if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See Notice on Page Three 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 TAKE PLACE 1\ I II , I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 530-7500. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (610) 530-7500. 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 will bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions are filed with the 'I Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses or ways of getting your real estate back if you act immediately after the sale. I YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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. I COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717)240-6200 PIOSA REILLY & CAPEHART L",w OFFICES \Dated: I 7/.10j By' /h{(2:f2 Thomas A. Capehart, E quire Attorney for Plaintiff 1. D. No. 57440 One Windsor Plaza, Suite 202 7535 Windsor Drive Allentown, PA 18195-1014 PIGSA REILLY & CAPEHART ONE WINDSOR PLAZA 7535 WINDSOR DRIVE ALLENTOWN, PA 18195-1014 (6101530.7500 , , ALL THAT CERTAIN tract ofland situate in South Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in Public Road, U.S. Route 11 at line of lands now or formerly of Grantors; thence along said lands, South 6 degrees 8 minutes East 235.87 feet to an iron pin; thence along lands now or formerly of Alfred Wagner et ux, South 74 degrees 32 minutes 20 seconds West 52.20 feet to an iron pin; thence continuing by the same lands, North 20 degrees 21 minutes 21 seconds West 205.25 feet to a point in the aforesaid Public Road, U.S. Route 11, North 60 degrees 27 minutes 37 seconds East 94.80 feet to a point; thence continuing through the aforesaid Public Road, U.S. Route 11, North 56 degrees 36 minutes 37 seconds East 16.82 feet to a point the place of BEGINNING. BEING al of Tract No.2 pursuant to survey of Wilbur H. Clifton, R.S., dated January 19, 1979, and having a dwelling house erected, BEING THE SAME PREMISES which Duane E. Grove and Melanie M. Grove, Husband and Wife, by their Deed dated November 22, 1993 and recorded on November 30, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, at Deed Book Volume Q36, page 1127, granted and conveyed unto Duane E. Grove and Melanie M. Grove, Husband and Wife, their heirs and assigns. EXHIBIT "A" WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2393 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, F,S,B., SUCCESSOR IN INTEREST TO W AYPOINT BANK, Plaintiff (s) From DUANE E. GROVE AND MELANIE M, GROVE (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 attaclnnent 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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $91,352.69 L.L. $.50 Interest FROM 7/7/05 TO DATE OF SALE (AT $16.98 DAY) -- $2,597.94 Atty's Comm % Due Prothy $1.00 Atty Paid $132,66 Plaintiff Paid Other Costs Date: AUGUST 11, 2005 CURTIS R. LONG (Seal) Prothonotary ~ '--.]ly: //!dO"'l-O _Po "/Z/7./f'J Deputy REQUESTING PARTY: Name THOMAS A. CAPEHART, ESQUIRE Address: PIOSAREILLY & CAPEHART ONE WINDSOR PLAZA, SUITE 202 7535 WINDSOR DRIVE ALLENTOWN, PA 18195-1014 Attorney for: PLAINTIFF Telephone: 610-530-7500 Supreme Court ID No, 57440 Real Estate Sale #42 On September 06, 2005 the Sherifflevied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, P A Known and numbered as 2206 Ritner Highway, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 06, 2005 By: J(jdJ{J~R Real Estate Sergeant 13 \ :Z\ d Z \ 'J\W SGGl. ,-, , ;j /'..i.' J:l\":J?" .", ~ c::v:;:J '-en] L-:':~:~'~ (5V GVil ... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, Connty of Danphin} 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 ofPelUlsylvania, 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 in the 25th day(s) of October and the 1st and 8th day(s) of November 2005, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M". Volume 14, Page 317, PUBLICATION COPY NO ARIAl SEAL Terry L. Russell, Notary Public City of Harrisburg, Dauphin County My Commission Expires June 6. 2006 1;;SY'Y21Z~ NOTAR7PUBLIC My commission expires June 6, 2006 REAL ESTATE SALE No. 42 Writ No. 2005-2393 Civil Tenn Sovereign Bank, F.S.B., successor In Interest to Weypolnt Bank Va Duane E. & Melanie M. Grove Ally: Thomas A. Capehart DESCRIPTION AlL TIIAT CERfAJN tract of land situate in South Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in Public Road, U.S. Route 11 at line of lands now or formerly of Glantors; thence along said lands, Soutb.6degrees 8 minutes East 235.87 feet to an iron pin; thence along lands now or formerly of AIfred Wagner et ux, South 74 degrees 32 minutes 20 seconds West 5220 feet to an iron pin; Ihence continuing by the same lands North 20 degrees 21 minutes 21 seconds West 205.25 feet to a point in the aforesaid Pubtio Road, U.S. Route 11, North 60 degrees 27 minutes 31 seconds East 94.80 feet to a point; thence continuing through the aforesaid Public Road, U,S. Route 11. NOlIli 56 de2rees 36 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 I .' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 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, VIZ: October 14, 21, 28, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. S TO AND SUBS !BED before me this 28 day of October. 2005 ~.~~~!::~A/ I', NOl i\HI,~L SL"L I . LOIS E SNYDER, Notary Pub'", ! I "1,C~~:i~lC .~:);ro. CUf~~,er~::;:~ ,:~ur~:, .f' ! ~ r"./ '..A.rr.mbs,on Exp1re" i'.;" C,I.l.'.,CC,l ' ~,...,_..,;~ ..,.".._..."..._.."........-,.,., "~';'''','"-'''~''._'''''''_' ,,''''''''''"',.,,'_.,."....,'''~J REAL ESTATE SALE NO. 42 Writ No. 2005-2393 Civil Sovereign Bank. F.S.B., successor in interest to Waypoint Bank VB. Duane E. & Melanie M. Grove Atty.: Thomas A. Capehart EXHIBIT "A" ALL THAT CERTAIN tract of land situate in South Newton Township. Cumberland County. Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at a point in Public Road, U.S. Route 11 at line oflands now or formerly of Grantors: thence along said lands, South 6 degrees 8 minutes East 235.87 feet to an iron pin; thence along lands now or for- merly of Alfred Wagner et UK, South 74 degrees 32 minutes 20 seconds West 52.20 feet to an jron pin; thence continuing by the same lands, North 20 degrees 21 minutes 21 seconds. West 205.25 feet to a point in the aforesaid Public Road, U.S. Route 11, North 60 degrees 27 minutes 37 seconds East 94.80 feet to a point; thence continuing through the aforesaid Public Road, U.S. Route 11, North 56 degrees 36 minutes 37 seconds East 16.82 feet to a point the place of BEGIN- NING. BEING al of Tract No. 2 pursu- ant to survey of Wilbur H. Clifton. R.S., dated January 19, 1979. and having a dwelling house erected. BEING THE SAME PREMISES which Duane E. Grove and Melanie M. Grove, Husband and Wife, by their Deed dated November 22, 1993 and recorded on November 30. 1993. in the Office of the Re- corder of Deeds in and for Cumberland County. at Deed Book Volume Q36. page 1127, granted and conveyed unto Duane E. Grove and Melanie M. Grove. Husband and Wife. their heirs and assigns.