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Home My WebLink About05-2837 GOLDBECK McCAFFERTY & McKEEVER By:. JOSEPH ,V. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS- THROUGH CERTIFICATES. SERIES 1997-5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW Pla/l1lilF ACTION OF MORTGAGE FORECLOSURE vs. Tenn No. OS' ->>'.17 C'cJ~l 't~ NINA G. RUSSELL ROBERT L. RUSSELL Mortgagors and Real Owners 608 Rober! Street Mechanicsburg. PAl 7055 CIVIL ACTION: MORTGAGE rzORECL08UR.F DeFendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days atier the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the cOUl1 your defeilses or objections to the claims set f0l1h against you. You arc warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without fi.ll1her notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights imp0l1ant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlislc. P A 17013 7] 7-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, P A 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DlAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGlSTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff is MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY L01\N PASS-THROUGH CERTIFICATES, SERIES 1997-5,1270 Northland Drive, Ste. 200, MendotaHeigh(s, MN 55120. 2. The names and addresses of the Defendants are NINA G. RUSSELL, 608 Robert Street, Mechanicsburg, P A 17055 and ROBERT L. RUSSELL, 608 Robert Street, Mechanicsburg, P A 17055, who are the mOligagors and real owners of the mortgaged premises hereinaftcr dcscribed. 3. On November 12, 1997 mortgagors made, executed and delivercd a mOligagc upon thc premises hereinaftcr described to CONTIMORTGAGE CORPORATION, which mortgage is recorded in the Officc of the Rccordcr of Deeds of Cumbcrland County as Book 1416 Page 451. The mortgage has becn assigned to: MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1997-5 by Assignment of Mortgage, which is being lodged tor rccording. The Mortgage and Assignment(s} are mattcrs of public record and are incorporated by this refcrence in accordance with Pennsylvania Rule of Civil Procedure 1019(g) which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A". 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due June 17,2004, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 05/17/2004 through 05/31/2005 at 8.9300% Per Diem interest rate at $29.12 Reasonable Attorney's Fee Ifthe Mortgage is reinstated prior to a Sheriffs Sale the Attorney's Fees may be less than this amount based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% ofthe remaining principal balance ($5,951.40) in the event the Property is sold to a third party purchaser at Sheriffs Sale or ifthe complexity of the action requires addiiional fees in excess of the amount demanded in the Action. Late. Charges from 06/17/2004 to 05/31/2005 Monthly late charge amount at $50.53 Costs of suit and Title Search $119,028.00 $11,065.60 $1,250.00 $2,579.89 Escrow Advance Suspense Fees Recoverable Balance $900.00 $134,823.49 +$4,215.48 -$10.00 +$174.17 +$9.60 $139,212.74 7. Plaintitl'is not secking a judgment of pcrsonalliability (or in personam judgment) against the Defendants in this Action but reserves it's right to bring a separate Action to cstablish that right, if such riglit exists. rfDefendants have received a discharge .oftheir personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosurc is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by Certified and regular mail, as required by Act 160 of 1998 of the Commonwcalth of Pennsylvania, on the datc(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of$139,2l2.74, together with interest at the rate of$29.12, per day and other expenses incurred by the Plaintiffwhich are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law, and for the foreclosure of the Mortgage and Sheriffs Sale of the Pro erty. B VERIFICA nON I, Herb Brown, as the representative of the Plaintiff Corporation within named do hereby verifY that I am authorized to and do make this verification on behalf of the Plaintiff Corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date:, s-/s/o;;- ~d~ Doc~ent Control Officer Select Portfolio Servicing, Inc., F/K/A FairbanKs Capital Corp., as Attorney in Fact . ' . ~~lii6it }l FIDELITY Land Records of America 1945 Walnut HIli lan, Irving, IX 75038 NJ Office, 908-379-1275 NATIONAL LAND RECORDS OF AMERICA" IJrCllarv(! /'or: ['i\:\J) IlECOImS OF i\~IEIUCi\ Tille No; -(i20 I I)ate; April 2'i, 200,) EII,xli\'e Dale, "If I9j05 File - 2005(Hil2HO \Ve ha\'e searched and cxamined Ihe lien records or Cnmherland COllnly, l'enllSylvania, !'lr Ihe properl)' descrihed as; AU, th.ll clIrUilD pl\ir. ot g;0und $it..~\t~ i.l,the RaIOij;~ of K!~~~nlc~~)rq, CQ~~~Y Ot CUobtrl~ and ~t~tc Qt rQnnr.ylv~.'a, bO~~d .~d d.,orl",d .. fOUA)Wsj to wit! DXc;1liKtNt; It fipO.1nt en the pr~.:y line on t.he. M)l.JitJ1 sida at: Ro'OOl:tt StI:8et at tb. c(tt"n-e.r ot Lot nn. i1 h.\ t~1) ~lar. 'Of' lo~ ciQVR ~~tiOht,'"I1ji u.lmce .alQT."i! U: P.(''::'j)eUY lino O~ t:...~ Jio'J.th iiiJda of BobHt. .$tzll/lt_ ~";b n ~~ 58 Q~ ell.t", sixty"',f'he. {'~) 'IMt m .. poht: 4~ U. COJ;tJu of Lot aD. 53' ia tho pla.n Qf lot.!! oboY. """,e1OJle~r --au..., _ U.. 01 ..'d Ln. 10. ~3. OObtlll' deg-.. lm1.oQ'., .....t, """ ~,\ID....4 u. (110) _ to 0 ",WI -tho_ olalg _ 1..... of laM! to...~ly <>t ....1bilt ~. rftCl.f north U daqr..t Sdm,i.:m.ltti wcst, fi;ft.y-fi:n &hd t:!'fI() humiT~tb5 ni..~.2~ CMt. u4 ~t!tb !18 de)J.Q8t ~.l) Ilin\l.te. W&$1;/ t:.b",,~.. riV&lIrty"'..ix ~lb. (1'..1'. 1"..1:. to ..point at thi!J. OlWmtr O:f :at. 110. $1 UlU'esa1d.: tlwRi:C .&loa, lJMi ,u.,.. of JltJ.4 LOt 1Ia~ 11. aod:b. 2' d.eqZ'Ol& :r M"~ ."t-, Me bUfUIrtt4 .~ ...._ _ty-f1,., ___ (llS."1 C.... to . 1"''''' on tb. pr<lPeny lb. On the __ 014. of _.. SUn., tIl.!>..... of lllli;lIWml. Commonly known as; (jOR ROBERT STREET, MECIlAl\JICSBl TRC, P,\ 1705.) Tille is vesled in; Hohert L. Russell aud ;'\Iina C. Russell, his wiJe, il)' Deed !i-0I1l \Vclilih Homes, Ine., dated March 12, 1965, recorded March IR, 1965 , Book; 21-N, (lag-e 113. "lJ .. P,~lii6it (B . . 1111111 ~ "" ~ Ii S~SISELECT Port olio sd{VICINO, in<. 7182 6389 3060 0558 6555 February 11, 2005 ROBERT L RUSSI'LL 608 E ROBERT ST MECHANICSBURG, f'i\ 1711j, ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that 01(' mort(!8{!l' Oil your home is in default and the lender intends to foreclose. Snecific information about the nalUfe of the default is urovided in the attached n81!es. The HOMEOWNER S MOllTGAGE ASSISTANCE PROGRAM ffiEMAPl mav be able to helD to save VODr home. This Notice cxnlllins Ilfm the DrO{!ram \l'orks. To see if HEMAl' call hclll. vou must "lEEI' WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TilE DATE OF TillS :\lOnCE, Take this Notice with vou when vou meet with the Counselinl! Agency, The name address and lholl(, !lumber of Consumer Credit Counselin A l'oeil'S servin our Co are Usted at the end ohms Notice. If YOLl Iw\'e any ours! ions, VOll may call the Pennsylvania Housing Finance Agencv toll-free at (800) 342.2397. Persons with illl )~lired ht'arillo l'lm call 717 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agellr~' llIay be able to help explain it You may also want to contact an attorney in your area. The local bar association Illay he able to help you find a lawyer. LA NOTIFlCAC10N EN .\Il.lUSTO ES IlE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIE:\1l0 1::-' SU CASA. SI '\10 COPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA T1UIlLCCION lNMElllTAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINAi'O;I(;I.::-'CY) SIN C\I{(;OS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGmLE PAR\ t'N I'IU"IAMO POI{ Fl. l'ROBRAMA LLAMADO HOMEOWNER S EMERGENCY MORTGAGE AS.'iIST \N( 1 I'ROGRA\I 1:[, CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO AREIlI\III{.'it iIII'OTECI. Homeowner'sNamc' Property Address: 1!ilI3ERT l. 1<IS'iELL, (.il.\ ROBERI 'i'1 \II~CHANICSIH) f'A 17055 2040023414 Loan Acct No.: Original Lender Current Lender / SCrViCi..T S,'kct Portf()I](! Servicing, Inc. EF03L31NCPf9-.. IIOMEO\\\lm S EMI':R(;E\TCY MOllTGAGE;ASSISTANCE PROGRAM YOU MAY BE ELlCIBU FOR FIN.\'\C1AL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECI OSI'R" AND IIEI.I' YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPI.Y ~~ 11111111' PROnW)'iS OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACI 01 I'iX.1 (THE ACI I, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAUL T liAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU IIAYE .~ REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYME:\'IS, A:\'D . IF YOll ~IEEI OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYI.vA:\'I.~ lie >USING FI\ I\CE AGENCY. TEMPORARY STAY OF HmECLOSIIRI: under the Act, YOll arc entitled to a temporary stay of foreclosure on your mortgage for tll iny {.;{)} Ilel\ Cram the ll;II,.' (il'this 1\otice. During that time, you must arrange and attend a face-to- face meeting with ;1!l(' "1 Ill\.' i.'1IIS11J11Cr CIL'tll[ L'(lllllscling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR ~\Tnll\ 1111 \TEXT (.1111 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOI, MIS limiNG YOlI! \IORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAILED HOW TO CURE YOU! MCWTGAGE IJI-IAULT EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COU\SELlNG AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end oftllis :,\'nlll'c. the lender mny \:OT take action against you for thirty (30) days after the date of this meeting. The names. addresses <llll! tclclill()I1C nUl11bc]'s ll!' dcsi~mated consumer credit counselinl! al!encies for the county in which the orooerty is located arc sc1 l(lIth at the Clld or (his Notice. It is only necessary to schedule one face-to-mce meeting. Advise your lender i]1l1llC(II~IICI\ ('I'your intcll(i\)11S. APPLICATION FOil \lORn, IGE AS\lSTA\TCE your mortgage is in default for the reasons set furth later in this Notice (see followil1,L' P;i,L'L'" II Ii '11l'cific inf()I'ln~l[i(l1l about the nature of your default). If you have tried and are unable to resolve this problem \Iilh :Il' 1.'1" j',T. you h,]\~. 111l' I'ight to apply for financial assistance from the Homeowner s Emergency Mortgage Assistanl'c' l'il).~" ill' i I do so. Y\)li 11111~1 lill out, sign and file a completed Homeowner s Emergency Assistance Program Applicatioll Willi ill Ii.' (11' ;Ile desigll;tll'll Cl)l]S1l1ller credit counseling agencies listed at the end of this Notice. Only consumer credit COlltlSclill~ dgl'l:c'iL'S have dPI,lll';jllOnS for the prognUTI and they will assist you in submitting a complete application to the J\~l1ns)"Iv,lJlid j IUllsing Filldlll'C ^gcncy, Your application MUST be filed or postmarked within thirty (30) days of your filec-to-FIl'e 1l1ccling. YOU.!l!!lliI FILE YOl,RII'I'LICATlO\ PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTIIER 11."" PERlOIlS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR 1I0~IE '''\IEDlATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTIO:\ \ . ; I i I,: ',j, illllds tor ,': ;,,'I'g,'llCY mortgage assistance are very limited. They will be disbursed by the Agency under thc c1lgihllll\ 1..'111,': i,1 establish"i! 1-1:. tile Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision ;: lieI'll I ,'Vll' ,'" your apl)I:'-.~III()1l During that time, no foreclosure proceedings will be pursued against you if you have Ilh'] Illl' ~1]lk I\'c,llircmcnh ",-': lilrth above. You will be notified directly by the Pennsylvania Housing Finance Agency of Ih c1CL'hl\l11 llll your appllLtll()1I NOTE: IFYOU ARE CURRE\TLY PROTECTED BY THE FILING OF A PETITION IN BANKRlJI'H'Y, IIIE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES 0\1,' A\IJ SnOtLlJ \OTBE CONSIDERED AS AN ATTEMPT TOCOLLECf THE DEBT i II. ~I b', liled ballknlpln \\llll',ll1 still apply for EmergancyMortgageAssistance) LR064 EBOOOSINCPI9-04 . . 1I0W TO CURE YO[:R "ORTGAGE'DEFA,ULT (Brine it nD todatel NATURE OF TIlE DEFAULT: The MORTGAGE debt hl'ld h\ li~..: above lClilk'l Oil your property located at: 608 ROBLin ST MECHA~ICSln IS SERIOUSLY 11\ 1)[1 \ 1 1'\ 17055 I I h,'cause: A. YOU HAVE '''IT 11.'1111 VIONTHI \ V[(lI(TGAGE PAYMENTS for the following months and the following amounts are IlP\\ 1':1->1 dill' Payment of $1,010.69 per month due from 06/17/2004 through 01/17/2005 payment (a total of 8 months): (Mortgage payment includes Escrow Payment of $0.00 per month): Accrued Late Charges Non-Sufficient Funds (NSF) / Return Check Fees Escrow Advances for H~zard Insurance, Real Estate Taxes and '"or Municipal Liens: Other Advances (p!:'I'('rl preservutionl: Funds on ACCount: Total Amount DUe: $ 8,085.52 $ 2,579.89 $ 0.00 $ 3,897.48 $ 0.00 $ 10.00 $ 14,552.89 ** Funds on A CCOl/ill 11/ ,11/,< ,"l'eSellt (/ f',;1/ (/( j!((l'lI1ent of principal and interest received that cannot be applied to the loan. B. YOU HAVE LILLI'/) Tl) TAKE THE fOLl.OWING ACTION: (Do not use ifnotapplicable) HOW TO CURE TilE DLLII'I.T Youlmy cllre the defuultwithin THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL 1~IOI'NT PAST DUE TO THE LENDER, WHICH IS $14,552.89, PLUS ANY MORTGAGE PA nHSI,SI "D LATE CI L\RGES WHICH BECOME DUE DURING THE THffiTY (30) DAY PERIOD. Pavmcllh I11LI.\) Ill' 1]1;~llc either b\ (;]:-;11. cashier s check. certified check or moneY order made navable and sent to: Select Pi >J'lliJI ill Servicing, Inc. Remitt<ll1l'L' Prllccssing P.O BOA (j(jO 171 0 Louisville. 1(\ 40290-1710 You can cure any Qlller dcEllIl1 b\ laking the IllllO\ving action within THIRTY (30) DAYS of the date of this letter: (do not use if not applicabl,') IF YOU DO NOT ( 11<1. I1I1 DEFAUI.I Ilvou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the leHdl'r ill\t'll(!\ In exerci\;(' ill; rights to accelerate the mortgage debt This means that the entire outstanding balan('~' l d' II: I', I ki 11 ill be COlI",li krcd due inunediately and you may lose the chance to pay the mortgage in monthly instalhnclli Ii' ilil: 1",1\; \~'nt ofthl' 1\11;11 ;]llluunt past due is not made within TFllRTY (30) DAYS, the lender also intends to instruct ih ,11lt1l"lk'~S 1(1 ';lart legal dC)]UJ] 10 foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED ['PON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the ICIHkr rckTs your ca:-;c (\) i\:-; attorneys, but you cure the delinquency before the lender begins legal proceedings against you, ynll will still be rl'qLlin:d 10 pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, i 1-lcg~11 Ilr()cl\.'tlings are :-;l;]!-(cd :lgainst you, you will have to pay all reasonable attorneys fees actually incurred by the IClllll.'I' 1.'\'1.'11 il- [11\- \' exceed )_"(),(JO. Any attorney s fees will be added to the amolUlt you owe the lender, LR064 EBOOOT,,",CPIll_(>l which may also inclllde (lilk'l i"',I";\ll1able e(I,";\,-;, If you cure tile default-within the THIRTY (30) DAY period, you will not be required to pa~' allorlH'.' s fees. OTHER LENDER RE,'I EDI L"i The Iclhk'I' I11<1Y also sue you personally for the unpaid principal balance and all other sums due under the Illortb!d~'.l' RIGHT TO CURE TilE DEIIULT PRIOR TO SHERIFF S SALE If you have not cured the delimIt within the TJllRTY (30) DA \' perio(j ,1IHII(lrcclosurc proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to (H]e I1tHlr before the Sheriff s sale. You may do so by paying the total amount then past due, plus any late or other clwrges Ihell th:, rcasonahk :l!tOr!ley S fees and costs connected with the foreclosure sale and any other costs connected v,'ith [11,,' SI]"'I'I'i"iale as spl'L'i !icd III writing by the lender and by performing any other requirements under the mortgage. Curing ,,"Ollr dl'Ludt in the Illanller set forth in this notice will restore your mortgage to the same position as if you had lIen'r ti('i::ulted. EARLIEST POSSIBU' SIII'ln FF S SAI I. DATE It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged propCrl} '~'(Illld he :1,,1,: would bl' :1 ,'prO\illlately six (6) months from the date of this Notice. A notice of the actual date ofthc :--;1','111'1' -; \,11,' III be selll III VOll before the sale. Of course, the amount needed to cure the default will increase the longer \(lLI \\;111 ) dll Illay 111;d (lLlI dt any time exactly what the required payment or action will be by contacting the lentll'l HOW TO CONTACT '111 E 1.I.:-.iDER: NAME OF LENDl':R: Address: Select Portfolio Scnicing, Inc. P,O. I{ox 65250 ~;:lll 1:]l\c City, t I \.t I (l5-0250 1-i\IJ(J.(\~5-9698 (~(J II '1)]-2600 \11,'ll:kl VanstaVl'I'i.'ll PHONE NUMBEI( FAX NUMBER: Contact Person: EFFECT OF SlIERI,,",' ,I.;, ,,,\\/ E YOll :-;11\lLild realize that a Sheriffs Salc will end your ownership of the mortgaged property and your !!:_'!Il It' ",'n!I'" !t. Ifyoli l' 'I 11 illL I l.: to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishil1,!" !::l! ,o[!I~T 11-,'1, lllgings c,)"I(: he ,..;Larted by the lender at any time, ASSUMPTION ()F iVI()f{'n;\( ;E Lnckr tile terms of your mortgage and note, it may, or may not, be possible to sell or transfer your home t() ~I bllyn ()I' li':ll1stcree \\11\1 \vill assume the mortgage debt, provided that all the outstanding payments, charges and attorney S Jl'l'S .IIHI l"llSts arc paid prior to or at the sale and that the other requirements of the mortgage are satisfied, You may lind Olll ;l! <IllY lime ifyolli" loan is assumable by contacting your lender as provided herein, . SELL Till 1'1(( II'I i '. ' MONEY,]\(l\ \' ( VOU \1 IV '\LSOHAVETHERIGHTTO: TO 08'1 II, :,IONEYTO PAY OFF THE MORTGAGE DEBT OR TO BORROW IER LE\ )i\(; INSTITUTION TO PAY OFF THIS DEBT. . HAVETllfSlll I \i i I CURED I" ;ICiYTHIRDPARTYACTINGONYOURBEHALF. . HAVE I i II \1' iI( I" \GE Rh I, )RID TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRIIJ. II \1 J', CURE '11 'I DI'FAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE V(lrR DI 1;1 I I r MORE 111\\ THREE TIMES IN ANY CALENDAR YEAR.) . ASSERT Till, \ONI'\:ISTENCI (IF ;\ DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER L\ IVSI ;IT I\\TITUTED I ;:--iDER THE MORTGAGE DOCUMENTS. . ASSERII,Y (11111 II DEFEN\I VUU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . SEEK PRI )TI'( III J,\' NDER Till FEIJERAL BANKRUPTCY LAW. ! "\'!;, \11 I' I RED IT I ," )\\FLlNG AGENClESSERVING YOUR COUNTY LR064 EaOOOlJINCPI9.04 Homcowners' EmcrgencyAssistance Program CU1\JBERLAND COUNTY CCCS of We Sic' II 1"_'1111\\ \ ania. IlIe 2000 Lingles!,,\\ II I{":I,; Harrisburg, P:\ I 7 ! ( '.' (717) 541-175 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League "C .\iIe1rol'"lllan Harrisburg N. 6th Street Harrisburg, PAl 7 I 0 1 (717) 234-5925 FAX (717) 234-945') YWCA of Carlisle 301 G Street Carlisle, P A 17013 (717) 243-3818 FAX (717) 731-9589 Community Action (""lIl1 "fthe C"pllal Region 1514 Derry SU,'cl Harrisburg. P:\ I 7 II I I (717) 232-9757 FAX (717) 234222 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PAl 7325 (717) 334-1518 FAX (717) 334-8326 A0P041INCPJ15-O, ACT 91 NOTICE DATE OF NOTICE: April 27, 2005 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mortgage 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 pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help. vou 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 Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If yOU have any questions~ you may call the Pennsylyania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. 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 notification obtenga una traduccion immediatamente lIamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa lIamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 1 Date: April 27, 2005 .... r, . TO: Nina G. Russell Homeowners Name: NINA G. RUSSELL and ROBERT 1. RUSSELL Property Address: 608 Robert Street, Mechanicsburg, PAl 7055 Loan Account No.: 2040023414 Original Lender: CONTlMORTGAGE Current Lender/Servicer: FIDELITY NATIONAL FORECLOSURE SOLUTIONS HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE 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 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 ofthe designated 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 ofthe 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 ofthis meeting. The names. addresses and telephone numbers of desi ated consumer credit counselin a encies for the count in which the ro ert is located are set 2 forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. . " . APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the 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 ofthe 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 fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have fIled bankruptcy you can still apply for Emer~ency Mort~a~e Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brinl! it UP to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 608 Robert Street, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 (a) Monthly payment from 06/17/2004 thru 4/27/2005 ... , (11 mos. at $ I ,0 10. 69/month) $11,117.59 (b) Late charges from 06/17/2004 thru 4/27/2005 $2,579.89 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $13,697.48 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 $ 13,697.48 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check. certified check or money order made payable and sent to: FIDELITY NATIONAL FORECLOSURE SOLUTIONS 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 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 ril!hts to accelerate the mortl!al!e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortl!al!ed DroDertv. 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 brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY Deriod, you will not be required to Day attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE _ If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yOU still have the ri ht to cure the default and revent the sale at an time u to one hour before the Sheriff's Sale. You ma do so b a' n the total amount then ast due Ius an late or other char _es then due reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writing by the lender and bv performing anv other reauirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. 4 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 four (4) to 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 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 by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: FIDELITY NATIONAL FORECLOSURE SOLUTIONS Address: 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Phone Number: 651-234-3798 Fax Number: 651-234-3570 Contact Person: IIgin Sezer 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 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 PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL T HAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) 5 * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUlT IN~Tt1'U1ED 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. Contact Person: I1gin Sezer Phone Number: 651-234-3798 6 PENNSYL VANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES )I .,-. , CUMBERLAND COUNTY CCCS OF WESTERN PENNSYL VANIA INC. 2000 Linglestown Road Harrisburg, P A 171 02 (7I7) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717}731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (7I7) 334-8326 ... .. __ 14 "XJ \.) -iQ.. it- ~ 0 ~ ~ (; ~ ~ (' ~ p:J t --t... !'"",) ~~ ~ r. --1 ,~ -'T- ri-:l~ I -~" CT~ , -J .- " o -~ ~ .::t ~ "::) SHERIFF'S RETURN - NOT SERVED ,. CASE NO: 2005-02837 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS RUSSELL NINA G ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: RUSSELL NINA G but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , RUSSELL NINA G 608 ROBERT STREET MECHANICBURG, PA 17055 608 ROBERT STREET IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.40 .00 10.00 .00 3:'.40 County GOLDBECK MCCAFFERTY MCKEEVER 06/06/2005 Sworn and subscribed to before me this g~ day Of~ dl/lJf.t:.D. . ..... {J IM.-,.1PL~ ,~ Prothonotary " SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-02837 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS RUSSELL NINA G ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: RUSSELL ROBERT L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , RUSSELL ROBERT L 608 ROBERT STREET MECHANICBURG, PA 17055 608 ROBERT STREET IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00. .00 10.00 .00 16.00 So ans~=~/ // ;/ / ~./ ..~'=~~.-/ ,.._~,/',>,;,>_/-:>--,- .~,,"'--- .,-- ...-~~~~~:~ Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 06/06/2005 Sworn and subscribed to before me "E this a day of 9/1' ' ~{Jl;J.s' ~A.D. ~" Prothonotary () hJiti{~ ~ I . SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-02837 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS RUSSELL NINA G ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: RUSSELL NINA G but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , RUSSELL NINA G 1325 ENGLISH DRIVE MECHANICSBURG, PA 17055 DEFENDANT FILED BANKRUPTCY. CHAPTER 7 COCUMENT 260 90-22783 JKF Sheriff's Costs: Docketing Service Affidavit Surcharge So County 6.00 7.40 .00 10.00 .00 23.40 ~ GOLDBECK MCCAFFERTY MCKEEVER 06/06/2005 Sworn and subscribed to before me this F'!> day of ~<-<- / 2&1J~_ A.D() ( -/,"'1" - . II~A;e, Prothonotary ,~ , SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-02837 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS RUSSELL NINA G ET AL R. Thomas Kline Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: RUSSELL ROBERT L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , RUSSELL ROBERT L 1325 ENGLISH DIRVE MECHANICSBURG, PA 17055 DEFENDANT FILED BANKRUPTCY. CHAPTER 7 DOCUMENT 260 90-22783 JKF Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 s~a~~~/.~...___ ...-.//- ,.' -' -- . ~ ~ -.-- . /' ~--- -.,--'" R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 06/06/2005 Sworn and subscribed to before me this ~~ day of 21/lJ( J A.D. {~-l'1A- Q I Prothonotary L}A'~ 'rJ/U PP,.~ . A $~ GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEYLD. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS- THROUGH CERTIFICATES, SERIES 1997-5 1270 Northland Drive, Ste. 200 MendOla Heights, MN 55120 Plaintiff vs. NINA G. RUSSELL ROBERT L. RUSSELL 608 Robert Street Mechanicsburg, PA 17055 Defendant(s} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No.05-2837-CIVIL PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. GOLDBECK, McCAFFERTY & McKEEVER ;?I~u By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff 0. t;;,?, ?"' I.;...f\ (....,. <;::; -,,''"' .- 6' Q. .-' ::t4\ tP-f;:':. -(11::; :0"--( ',)r- , .-.10':::/, \~5 ~:\ ,-\ ~~~l '-R .r;:" 0'1 SHERIFF'S RETURN - REGULAR CASE NO: 2005-02837 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS RUSSELL NINA G 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 RUSSELL NINA G the DEFENDANT , at 1012:00 HOURS, on the 20th day of June , 2005 at 1325 ENGLISH DRIVE MECHANICSBURG, PA 17055 by handing to NINA G RUSSELL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. NINA RUSSELL ADAMANTLY INDICATED THAT THEY ARE STILL IN BANKRUPTCY, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8,14 .00 10.00 .00 36.14 .~~-~<~ R. Thomas Kline 06/20/2005 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: ~~),L/ Deputy Sheriff "'" me this .5- day of c;"q;" AD. Q. InJJLJ ~ othonotary ,4if SHERIFF'S RETURN - REGULAR CASE NO: 2005-02837 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS RUSSELL NINA G 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 RUSSELL ROBERT L the DEFENDANT , at 1012:00 HOURS, on the 20th day of June , 2005 at 1325 ENGLISH DRIVE MECHANICSBURG, PA 17055 by handing to NINA G RUSSELL, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. NINA RUSSELL ADAMANTLY INDICATED THAT THEY ARE STILL IN BANKRUPTCY. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~fk::;'~~<~~&.~ R. Thomas Kline 06/20/2005 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: ~~~ Deputy Sheriff me this .5~ day of Gfy .l%tJ ::/ A, D . l ) 't~~t~no~~:h ) J ~, ~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 5000 - MeHon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN P ASS- THROUGH CERTIFICATES, SERIES 1997-5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION LAW vs. NINA G. RUSSELL ROBERT L. RUSSELL (Mortgagor(s) and Record owner(s)) 608 Robert Street Mechanicsburg, P A 17055 ACTION OF MORTGAGE FORECLOSURE No.05-2837-ClVIL Defendant( s) ORDER FOR JUDGMENT Please enter Judgment in favor of MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1997-5, and against NINA G. RUSSELL and ROBERT L. RUSSELL for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $140,970.40. I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1997-5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 and that the name(s} and last known address(es) of the Defendant(s} is/are NINA G. RUSSELL, 1325 English Drive Mechanicsburg, PA 17055 and ROBERT L. RUSSELL, 1325 English Drive Mechanicsburg, PA 17055; cKEEVER K McCAFFERT B : os h A. Goldbeck, Jr. Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $119,028.00 Interest from 0511 7/2004 through 07/25/2005 $12,722.20 Reasonable Attorney's Fee $1,250.00 Late Charges $2,680.95 Costs of Suit and Title Search $900.00 Escrow Advance Suspense Fees Recoverable Balance $4,215.48 ($10.00) $174.17 $9.60 $140,970.40 AND NOW, this day of , 2005 damages are assessed as above. Pro Prothy VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, NINA G. RUSSSLL, is about unknown years of age, that Defendant's last known residence is 1325 Snglish Drive, Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, ROBERT L. RUSSELL, is about unknown years of age, that Defendant's last known residence is 1325 English Drive, Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise wi thin the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendmen Date: -- ""-", r:;:-; ,~:;;:, r..;-, (~ ''1 I ,,,, t...:.:.,l r~.) ---- In the Court of Common Pleas of Cumberland County MANUFACTURERS AND TRADERS TRUST COMPANY,AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1997-5 1270 Northland Drive. Ste. 200 Mendota Heights. MN 55120 Plaintiff vs. No.05-2837-ClVIL NINA G. RUSSELL ROBERT L. RUSSELL (Mortgagor(s) and Record Owner(s)) 608 Robert Street Mechanicsburg, P A 17055 Defendant( s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against NINA G. RUSSELL and ROBERT L. RUSSELL by default for want of an Answer. Assess damages as follows: Debt $ I 40,970.40 Interest - 05/17/2004 to 07/25/2005 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten da s ria to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 AND NOW d q ~,Judgment is entered in favor of MANUFACTURERS AND TRADERS TRUST COMP , ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS-THROUGH CERTIFICAT S, SER S 1997-5 and against NINA G. RUSSELL and ROBERT L. RUSSELL by default for want of an Answer and damages assessed in the sum of$140.970.40 as per the above certification. ~(L.A.::t. ',4 anatary l(_cA~ ~ Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1997-5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff No. 05-2837-CIVIL vs. NINA G. RUSSELL ROBERT L. RUSSELL (Mortgagors and Record Owner(s)) 608 Robert Street Mechanicsburg, P A 17055 Defendant( s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr, Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 r-<, o -n :--::1 r::; r~::: ~r'~ .."~-; <:::;; ':;) (.,r! ,'-, w -., .~ r,) ~~-I rF .":'1 .-< SPS-0085 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: July 11,2005 TO: ROBERT L. RUSSELL 1325 English Drive Mechanic.burg, PAt 7055 MANUFACTURERS AND TRADERS mUST COMPANY, AS mUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOANPASS.TIlROUGH CERTIFICATES, SERlES 1997-5 1270 Northland Drive, Ste, 200 Mendota Heights, MN 55120 In the Court of Common Plea. of Cumberland County CIVIL ACTION . LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. NINA G. RUSSELL ROBERT L. RUSSELL (Mortgagor(s) and Record Owner(s)) 608 Robert Street Mechanic.burg, P A J 7055 Term No.05-2837.CIVIL Defendant(s) TO: ROBERT L. RUSSELL 1325 English Drive Mechanicsburg, P A 17055 IMPORT A NT NOTWF. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITIl THE COURT YOUR DEFENSES OR OBJEmONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITIlOm A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RlGHTS. YOU SHOULD TAKE TIllS 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 HIRlNG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, llilS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC S ltvine: Row Carlisle., PA ]7013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, PA 170t3 fJ't~ GOLDBECK McCAFFERTY & McKEEVER BY, Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff' Suite 5000 - Mellon Independence Center 70\ Marl<clStreet Philadelphia, PA 191% 215-627-\322 -. SPS-0085 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: July 11, 2005 TO: NINA G. RUSSELL 1325 EnglishDrive Mechanicsburg, P A 17055 MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1997-5 1270 Northland Drive, Ste. 200 Mendola Heights, MN 55120 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. NINA G. RUSSELL ROBERT L. RUSSELL (Mortgagor(s) and Record Owner(s)) 608 Robert Street Mechanicsburg,PA 17055 Term No.05-2837-CIVIL Defendant(s) TO: NINA G. RUSSELL 1325 English Drive Mechanicsburg. PA 17055 IMPORT ANT NOTIr.R YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRJTIEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRJTlNG WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HlRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TlIA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Uberty Avenue Carlisle,PA !7013 ~~ GOLDBECK McCAFFERTY & MoKEEVER BY' looeph A. Goldbock. Ir.. Esq. Attorney for Plaintiff SUlte 5000 - Menon IndependenceCenter 701 Mark" Street Philadelphia, PA 19106 215-627-1322 SPS-0085 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: July 11, 2005 TO: NlNA G. RUSSELL 608 Robert Street Mechanicsburg, P A 17055 MANUFAC1lJRERS AND TRADERS lRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1997-5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE VS. NINA G. RUSSELL ROBERT L. RUSSELL (Mortgagor(s) and Record Owner(s}} 608 Robert Street Mechanicsburg, P A 17055 Term No.05-2837-CIVIL Defendant(s) TO: NINA G. RUSSELL 608 Robert Street Mechanicsburg, PA 17055 TMPORTANTNOTTCF YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITfEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITIl TIlE COURT YOUR DEFENSES OR OBJECTIONS TO TIlE CLAIMS SET FORTIl AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM TIlE DATE OF TInS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIlER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THATM'\Y OFFER LEG.'\L ~ERVICES TO ELlGlBlE PERSONS AT A REDUCED FEE OR NO fEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243.9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Uberty Avenue Carlisle, P A l7013 G ~'" ~,}~\ ({\ ',j"\ \ ._0" t...., ...;; .-c:; ....,) '.' ...... 0" Goldbeck McCafferty & McKeever BY: JosephA. Goldbeck, Jr. Attorney J.D. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 215-627-1322 Attomey for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN P ASS- THROUGH CERTIFICATES, SERIES 1997-5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. NINA G. RUSSELL ROBERT L. RUSSELL (Mortgagor(s) and Record Owner(s)) 608 Robert Street Mechanicsburg, P A 17055 ACTION OF MORTGAGE FORECLOSURE No.05-2837-CIVIL Oefendant( s} AFFIDAVIT PURSUANT TO RULE 3129 MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN P ASS- THROUGH CERTIFICATES. SERIES 1997-5, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following infonnation concerning the real property located at: 608 Robert Street Mechanicsburg, P A 17055 I.Name and address ofOwner(s) or Reputed Owner(s): NINA G. RUSSELL 1325 English Drive Mechanicsburg, P A 17055 ROBERT L. RUSSELL 1325 English Drive Mechanicsburg, P A 17055 2. Name and address ofDefendant(s) in the judgment: NINA G. RUSSELL 1325 English Drive Mechanicsburg. P A 17055 ROBERT L. RUSSELL 1325 English Drive Mechanicsburg, P A 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: P A DEP ARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 BOROUGH OF MECHANICSBURG W. Strawberry and N. Market Sts. Mechanicsburg. P A 17055 DOMESTIC RELA nONS OF CUMBERLAND COUNTY PO Box 320 Carlisle. PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 608 Robert St. Mechanicsburg, P A 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: July 25.2005 ER ...., c:,,~ C) c~:;:. -\'1 c..n r".) '-.;.J ,""., I'" CO \ 05- 283 7 -CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomeyl.D.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE IN THE COURT OF COMMON PLEAS HOLDERS OF THE HOME EQUITY LOAN P ASS- THROUGH CERTIFICATES, SERIES 1997-5 of Cumberland County 1270 NortWand Drive, Ste. 200 Mendota Heights, MN 55120 CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE NINA G. RUSSELL ROBERT L. RUSSELL Mortgagor(s) and Record Owner(s) Term No.05-2837-CIVIL 608 Robert Street Mechanicsburg, P A 17055 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUSSELL. NINA G. NINA G. RUSSELL 1325 English Drive Mechanicsburg, P A 17055 Your house at 608 Robert Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 7, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $140,970.40 obtained by MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS- THROUGH CERTIFICATES, SERIES 1997-5 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: ~, ,---', C~:l <;"...tl '- (~:' : c- -1'1 .-1 hi ,. r-.,') \..:::':, r<~ co so) .--:; 05-2837-CIVIL 1. The sale will be cancelled if you pay to MANUFACTURERS AND TRADERS TRUST COMPANY. AS TRUSTEE, ON BEHALF OF TIlE HOLDERS OF THE HOME EQUITY LOAN PASS- THROUGH CERTIFICATES, SERIES 1997-5, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay caU: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may caU the Sheriff of 717 -240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the huyer. At that time, the huyer may hring legal proceedings to evict you. 6. You may he entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, P A 17013 , o ,-, ~:'," r::' (~J~ ,-~ :.y\ r<''; \_0 --; , ..-,,~ r:-: -- cP PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN P ASS- THROUGH CERTIFICATES, SERIES 1997-5 1270 Northland Drive, Ste. 200 Mendola Heights. MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE NINA G. RUSSELL ROBERT 1.. RUSSELL Mortgagor(.) and Record Owner(.) 608 Robert Street Mechanic,burg, P A 17055 No. 05-2837-CIVIL Defendant(, ) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 05/17/2004 to 07/25/2005 at 8.9300% $140,970.40 (Costs to be added) 00 -<: \>l ,.l ~ z .....0 ~~ uo e~U "oo~ l-<~O ~~ Zo u ~ '"' ~ ~~ ~"" ~00:1 8;20 ,",~::>", ,.,0' ",~~r-- ::>0;r:\3; ~;r:,",- b . 'en ffib3~~ %1-'0..\.11 ""z'" 0< ' 1-'''" ~ 0 \0 ~ .....1-' ;;...< \.111-';:;8 ",CD "" ~ - ~5g~ ,,,' \.11 \.11l:;U 1-'\.11-" ul-'O <':"'0:1 S~ ~~ ~< oJ, :> ::=0 'n ~ ~ '" ~,..J ~ '" ",;jo_f: ~c/l"'dll)- ~~8~~ ",o<:p!'t::oil 8~'"d~~ ....... ~ ~ 0..0 .~ ~ ~ rJ O<~3~~'~ ~ '@ ~ OJ) ~ t:: ~ ~ 8 ::> u S~ ~-% o " .... ~ ~: ~~ ... .. \>l e: u ~ ~ " ~ ;1.;; " .S ,gi': - ~ c3~ .;>> < " .dE ~g 0< ~ ~ 2 t 5 tu " " ~ ~ '>a ...." 0 ~"d:""'- ~5g~~ '"' iJ'", < '" ..."'d~il-I- ~.s ~ ~~ ~ = \-loo:lN cQot'G~...o u:=~.E-~ ~~..-.g- ~-"o"<'< ..;:.clr-:-;: ColO ~ "0 ~ .go -'" -~ l'l <,;) .~ ~ LONG DESCRIPTION ALL that certain plot of ground situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the property line on the south side of Robert Street at the corner of Lot No. 51 in the plan oflots above mentioned; thence along the property line on the south side of Robert Street, south 61 degrees 58 minutes east, sixty-five (65) feet to a point at the comer of Lot No. 53 in the plan of lots above mentioned; thence along line of said Lot No. 53, south 28 degrees 2 minutes West, one hundred ten (110) feet to a point; thence along the line ofland formerly ofWelbiIt Homes, Inc., north 63 degrees 58 minutes west, fifty-five and two-hundredths (55.02) feet and south 86 degrees 40 minutes west, thirteen and seventy-six hundredths (13.76) feet to a point at the comer of Lot No. 51 aforesaid; thence along the line of said Lot No. 51, north 26 degrees 2 minutes east, one hundred sixteen seventy-five hundredths (116.75) feet to a point on the property line of south side of Robert Street, the place of BEGINNING. BEING the same premises which WelbiIt Homes Inc., by deed dated 3/12/65 and recorded 3/18/65 in the Office of the Recorder of Deeds, in and for the County of Cumberland, in Deed Book 21-N, at Page 113, granted and conveyed unto Robert 1. Russell and Nina G. Russell, his wife. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 608 Robert Street Mechanicsburg, PA 17055 SOLD as the property of NINA G. RUSSELL and ROBERT 1. RUSSELL TAX PARCEL #19-23-0563-059 ~ ~ ~ ~'-J""""Co.l"""~ ......~ ~ ....t\~~f't.l (;'. l\ . . . . (j, '-t.. u v. a " -t ~ . 0\ Q\ " t t 8 ~ - ~ '" ""'-"b ,....) CJ "t.. c::.:> <"::fl -n r;,. ~ <:~- :;;:J (:.:: r-f1j~ I., ~ f',) t";~ "n) '""" W ~ A... _.. . -+- ~ -~.~ f\ "" ':'-.... ...... ~. - .J ~ _.~... ~ ........... \..0 L- l ~ V'\ t ....q t , ~ rJ ~ ., ....J <><\ \ +- ('. )-l f' ...... WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due MANllFACTURERS AND TRADERS TRUST COMPANY Plaintiff (s) From NINA G AND ROBERT L RUSSELL, 608 ROBERT STREET, MECHANlCSBlJRG, PA N005-2837 Civil CIVIL ACTION - LAW 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an suhject 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 $140,970.40 Interest FROM 5/17/04 TO 7/25/05 AT 8.9300% Atty's Comm % Atty Paid $224.94 Plaintiff Paid Date: 7/29/05 L.L..50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) '::1'3;. '-:J,~' Dep ty REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR - ESQUIRE Address: SUITE 500 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN P ASS- THROUGH CERTIFICATES, SERIES 1997-5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. CIVIL ACTION - LAW NINA G. RUSSELL ROBERT L. RUSSELL Mortgagor{s) and Record Owner{s) 608 Robert Street Mechanicsburg, P A 17055 ACTION OF MORTGAGE FORECLOSURE Defendant( s) NO.05-2837-CIVIL CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. 1-<) ,~-:::, ," ~ ,.-....:.. ,j' c r-:; l',_'l ,:;:~ '-0 ::::;: GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorne for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS- THROUGH CERTIFICATES, SERIES 1997-5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 SPS-0085 CF: 06/01/2005 SD: 12/07/2005 $140,970.40 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. NINA G. RUSSELL ROBERT L. RUSSELL Mortgagor(s) and Record Owner(s) Term No, 05-2837-CIVIL 608 Robert Street Mechanicsburg, P A 17055 Defendant( s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: s.X.. ( ) ( ) ( ) Personal Service by the Sheriff's Office/GiI r l...I_a_It (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). Certified mail by Sheriff's Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached}. ( ) Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are SUbject~o penalties provided by 18 P.S. Section 4904. ~ . - I Respe pl~sub ed, '- /. / , 'L,-" .'- j 1;) oseph A'I oldb~ck, Jr': . orney for Plaintiff ,-./ / / .~ ~. \.... IT' ru IT' .., U.S. Postal Service".. CERTIFIED MAIL,.. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) IT' .., U1 .:r Postage $ .:r D D D Certified Fee P~ark Here Return Receipt Fee (Endorsement Required) D Re"","d Delive", Fee ....D (End?rsement Required) .-'l .-'l U1 o Sent To D ("- ~P'S ,- , 06 Mechanicsburg, PA 17055 ::::~iT::- .. Total Postage & r--- RUSSELL, NINA G. 608 Robert SI. S[re-ef,7fpINO:;--- or PO Box No. cJtY~-Siate:Zrp+4-' PS Form 3800 June 2002 See Reverse for Instructions D U1 IT' .., IT' .., U1 .:r U.S. Postal Service", CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage $ .:r o Certified Fee D D iieturn Receipt Fee (End~rsement Required) D Restricted Delivery Fee ...n (Endorsement Required) .-'l .-'l Postmark Here sfs ~()O'iS J2mm Total Postage & F<><>'" $ U1 o Sent To D ("- RUSSELL, ROBERT L. 608 Robert St. Sfrooi,-ApINo: or PO Box No. cliY:-Siare:ZiP;"4-- Mechanicsburg, PA 17055 " Z' Z )> Gl ;lJ C (f) (f) m r r po ;lJ o OJ m :s , ;lJ c (f) (f) m r r () c ~ ~ rt, ~ 2.. (7 (f) " lJ W (f) -" , 0 o 3 o co w U1 ~ 0.... +0 ,,-;;- j~~ oo~ ! {l) 00 'co. 0 \*g;~ \~~~ - )( C/l ~.:E C l)0J-l C'lcrG) >-~O ~~I ;U ~ -< 0 \ ~ m 1<0" -" ::):: ~6.$ :::! I);>zom 0-' Z '16~j; I C/l 01... 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Russell The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2837 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 20,2005 at 2:40 o'clock PM, she served a true copy ofthe within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendants, to wit: Nina G. Russell and Robert 1. Russell, by making known unto Nina Russell, personally and wife of Robert 1. Russell, at 1325 English Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 10,2005 at 4:30 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 Nina G. Russell and Robert 1. Russell located at 608 Robert Street, Mechanicsburg, 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: Robert 1. Russell and Nina G. Russell, by regular mail to their last known address of 1325 English Drive, Mechanicsburg, PA 17055. These letters were mailed under the date of October 06, 2005 and never returned to the Sheriff's Office. Sworn and subscribed to before me This _ day of So Answers /~~/~ R. Thomas Kline, Sheriff 2005, A.D. Prothonotary ~th GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jf. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-825-6320 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS- THROUGH CERTIFICATES, SERIES 1997-5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE NINA G. RUSSELL ROBERT L. RUSSELL Mortgagor(s) and Record Owner(s) Term No, 05-2837-CIVIL 608 Robert Street Mechanicsburg, P A 17055 Defendant(s} AFFIDAVIT PURSlJANT TO RULE 3129 MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1997-5, Plaintiff in the above action, by its attorney, Joseph A. Goldheck, Jf., Esquire, sets forth as ofthe date the praecipe for the writ of execution was filed the following information concerning the real property located at: 608 Rober! Street Mechanicsburg, P A 17055 I.Narne and address of Owner( s) or Reputed Owner( s): NINA G. RUSSELL 1325 English Drive Mechanicsburg, PA 17055 ROBERT L. RUSSELL 1325 English Drive Mechanicsburg. PA 17055 2. Name and address of Defendant(s) in the judgment: NINA G. RUSSELL 1325 English Drive Mechanicsburg, P A 17055 ROBERT L. RUSSELL 1325 English Drive Mechanicsburg, P A 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 BOROUGH OF MECHANICSBURG W. Srawberry and N. Market Sts. Mechanicsburg, PA 17055 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle. PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUP ANTS 608 Robert St. Mechanicsburg, P A 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 17, 2005 / / / / I / / 1/ / , 'i '---.. I t-) CJ .:1\ ., '...~.,,' , u...' ..-\ q 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 Home Equity Loan Tr 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 29th day of July, AD., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 2837, at the suit of Home Equity Loan Tr against Nina G Russell & Robert L is duly recorded in Sheriffs Deed Book No. 272, Page 3177. IN TESTIMONY WHEREOF, I hav~ereunto set my hand an seal of said office this 0- day of ,A.D. .)<1OC: corder of Deeds eeds CU ber1and County, Carnsle, Pia. ion EXpires the First Monday of Jan. tee8 dle/o Manufacturers and Traders Trust Company As Trustee, on behalf of the Holders of the Home Equity Loan Pass- Through Certificates, Series 1997-5 VS Nina G. Russell and Robert 1. Russell The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2837 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2005 at 2:40 o'clock PM, she served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendants, to wit: Nina G. Russell and Robert 1. Russell, by making known unto Nina Russell, personally and wife of Robert 1. Russell, at 1325 English Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 10,2005 at 4:30 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 Nina G. Russell and Robert 1. Russell located at 608 Robert Street, Mechanicsburg, 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 ofthe pendency of the action to the within named defendants, to wit: Robert 1. Russell and Nina G. Russell, by regular mail to their last known address of 1325 English Drive, Mechanicsburg, PA 17055. These letters were mailed under the date of October 06, 2005 and never returned to the Sheriff's 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 Joseph Goldbeck for Manufacturers and Traders Trust Company, as Trustee, on behalf of The Holders of the Home Equity Loan Pass-Through Certificates, Series 1997-5. It being the highest bid and best price received for the same, Manufacturers and Traders Trust Company, as Trustee, on behalf of The Holders of the Home Equity Loan Pass-Through Certificates, Series 1997-5 of 1270 Northland Drive, Suite 200, Mendota Heights, MN 55120, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of$919.63. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed $30.00 18.03 15.00 15.00 30.00 Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 10.00 .50 1.00 21.12 2.33 15.00 30.00 .74 407.00 238.52 20.89 25.00 39.50 $ 919.63 Sworn and subscribed to before me 2006, A.D. . Proth SOA~~~ .#~ -r~ " R. Thomas Kline, Sheriff BY JuL Real Estate ergeant /1-" c)"rfY u'0 1()' J 'J"" \. . ) "fJ)../ lJe..51 )13; ~.J !lv. -1 ~ " Goldbeck McCafferty & McKeever BY: JosephA. Goldbeck, Jr. Attorney 1.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN P ASS- THROUGH CERTIFICATES, SERIES 1997-5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. NINA G. RUSSELL ROBERT 1. RUSSELL (Mortgagor(s) and Record Owner(s)) 608 Robert Street Mechanicsburg, P A 17055 ACTION OF MORTGAGE FORECLOSURE No.05-2837-CIVIL Defendant( s} AFFIDAVIT PURSUANT TO RULE 3129 MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN P ASS- THROUGH CERTIFICATES, SERlES 1997-5, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following infonnation concerning the real property located at: 608 Robert Street Mechanicsburg, P A 17055 I.Name and address ofOwner(s) or Reputed Owner(s): NINA G, RUSSELL 1325 English Drive Mechanicsburg, P A 17055 ROBERT L. RUSSELL 1325 English Drive Mechanicsburg, P A 17055 2. Name and address ofDefendant(s) in the judgment: NINA G. RUSSELL 1325 English Drive Mechanicsburg, P A 17055 ROBERT L. RUSSELL 1325 English Drive Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose Judgment is a record lien on the property to be sold: ---------1 " P A DEP ARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 BOROUGH OF MECHANICSBURG W. Strawberry and N. Market Sts. Mechanicsburg, PA 17055 DOMESTIC RELA nONS OF CUMBERLAND COUNTY PO Box 320 Carlisle. P A 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaimiffhas knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 608 Robert St. Mechanicsburg, P A 17055 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: July 25.2005 ER 05-2837-CIVIL .' GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. AttomeyI.D.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney tor Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE IN THE COURT OF COMMON PLEAS HOLDERS OF THE HOME EQUITY LOAN PASS- THROUGH CERTIFICATES, SERIES 1997-5 of Cumberland County 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE NINA G. RUSSELL ROBERT L. RUSSELL Mortgagor(s} and Record Owner(s) Term No.05-2837-CIVIL 608 Robert Street Mechanicsburg, PA 17055 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUSSELL, ROBERT L. ROBERT L. RUSSELL 1325 English Drive Mechanicsburg, P A 17055 Your house at 608 Robert Street. Mechanicsburg, P A 17055 is scheduled to be sold at Sheriff's Sale on Wednesday, December 7, 2005. at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $140,970.40 obtained by MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN P ASS- THROUGH CERTIFICATES, SERIES 1997-5 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAI,E To prevent this Sheriffs Sale you must take immediate action: ,- .- , - r~ r"- ~, 0 P !: I, ? 11,1 , LONG DESCRIPTION ALL that certain plot of ground situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the property line on the south side of Robert Street at the corner of Lot No. 51 in the plan of lots above mentioned; thence along the property line on the south side of Robert Street, south 61 degrees 58 minutes east, sixty-five (65) feet to a point at the corner of Lot No. 53 in the plan of lots above mentioned; thence along line of said Lot No. 53, south 28 degrees 2 minutes West, one hundred ten (110) feet to a point; thence along the line ofland formerly ofWelbilt Homes, Inc., north 63 degrees 58 minutes west, fifty-five and two-hundredths (55.02) feet and south 86 degrees 40 minutes west, thirteen and seventy-six hundredths (13.76) feet to a point at the corner of Lot No. 51 aforesaid; thence along the line of said Lot No. 51, north 26 degrees 2 minutes east, one hundred sixteen seventy-five hundredths (116.75) feet to a point on the property line of south side of Robert Street, the place of BEGINNING. BEING the same premises which Welbilt Homes Inc., by deed dated 3112/65 and recorded 3/18/65 in the Office of the Recorder of Deeds, in and for the County of Cumberland, in Deed Book 21-N, at Page 113, granted and conveyed unto Robert L. Russell and Nina G. Russell, his wife. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 608 Robert Street Mechanicsburg, FA 17055 SOLD as the property of NINA G. RUSSELL and ROBERT L. RUSSELL TAX PARCEL #19-23-0563-059 , . 05-2837-CIVIL , GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE IN THE COURT OF COMMON PLEAS HOLDERS OF THE HOME EQUITY LOAN P ASS- THROUGH CERTIFICATES, SERIES 1997-5 of Cumberland County 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 CIVIL ACTION - LAW Plaintiff VS. ACTION OF MORTGAGE FORECLOSURE NINA G. RUSSELL ROBERT L. RUSSELL Mortgagor(s) and Record Owner(s) Term No.05-2837-CIVIL 608 Robert Street Mechanicsburg, P A 17055 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUSSELL. NfNA G. NINA G. RUSSELL 1325 English Drive Mechanicsburg, P A 17055 Your house at 608 Robert Street, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 7.2005, at 10:00 AM, iu Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$140,970.40 obtained by MANUFACTURERS AND TRADERS TRUST COMP ANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN P ASS- THROUGH CERTIFICATES. SERIES 1997-5 agaiust you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: . 05-2837-CIVIL I. The sale will be cancelled if yon pay to MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN P ASS- THROUGH CERTIFICATES, SERIES 1997-5, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 morc chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 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 price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened. you may call the Sheriff of717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheritfwithin thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. Y ou.may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PAl 70 13 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 r-s ,,~ n L ", ; ~:: R \ j: '~~. ; ,,,.' ~, '-' \' 7 . .' LONG DESCRIPTION ALL that certain plot of ground situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the property line on the south side of Robert Street at the corner of Lot No. 51 in the plan oflots above mentioned; thence along the property line on the south side of Robert Street, south 61 degrees 58 minutes east, sixty-five (65) feet to a point at the corner of Lot No. 53 in the plan of lots above mentioned; thence along line of said Lot No. 53, south 28 degrees 2 minutes West, one hundred ten (110) feet to a point; thence along the line ofland formerly ofWelbilt Homes, Inc., north 63 degrees 58 minutes west, fifty-five and two-hundredths (55.02) feet and south 86 degrees 40 minutes west, thirteen and seventy-six hundredths (13.76) feet to a point at the comer of Lot No. 51 aforesaid; thence along the line of said Lot No. 51, north 26 degrees 2 minutes east, one hundred sixteen seventy-five hundredths (116.75) feet to a point on the property line of south side of Robert Street, the place of BEGINNING. BEING the same premises which Welbilt Homes Inc., by deed dated 3/12/65 and recorded 3/18/65 in the Office of the Recorder of Deeds, in and for the County of Cumberland, in Deed Book 21-N, at Page 113, granted and conveyed unto Robert L. Russell and Nina G. Russell, his wife. IMPROVEMENTS consist of a residcntial dwelling. BEING PREMISES: 608 Robert Street Mechanicsburg, FA 17055 SOLD as the property of NINA G. RUSSELL and ROBERT L. RUSSELL TAX PARCEL #19-23-0563-059 . .- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-2837 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff (s) From NINA G AND ROBERT L RUSSELL, 608 ROBERT STREET, MECHANICSBURG, PA 17055 (l ) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $140,970.40 Interest FROM 5/17/04 TO 7/25105 AT 8.9300% L.L..50 Atty's Comm % Atty Paid $224.94 Plaintiff Paid Due Prothy $1.00 Other Costs Date: 7/29/05 CURTIS R. LONG (Seal) :~ilit"':,; . :J,odv,,,,,. Dep ty REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR - ESQUIRE Address: SUITE 500 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 . , i~.li:~,\FF lil05 Jul 2 q P J l\ \ Real Estate Sale # 15 On September 01, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, P A Known and numbered as 608 Robert St., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01, 2005 By: JecWSViAL{h Real Estate Sergeant ~ ~. ....-'-~ y.... (;gi:J' ~.l . - I " THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its pnncipal office and place of bus mess 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 pubiished at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday' PatrlOl-T\cw~ wcre established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sunday/ Metro editions which appeared in the 1", 8th and 22nd 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 venfy 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 "1\-,1", Volume 14, Page 317. PUBLICATION COPY me this 23rd day of November 2005 A.D. N01ARlAL SEAl 1erry l. Russell, Notary Public City of orris burg. Dauphin County My Co isslon pires June 6, 2006 /-j Memb ,Pen syt n AssoclationolNotarlas il/Z/~ i'z4d'Lr NOT A'itv PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 ---- "'11111.11." Dee. 7, aees REAL ESTATE SALE No. 15 Writ No. 2005-2837 CMITerm -.ufaclurera end~Trust Com""",. ..~. on _If 01 the tIok*a 01 the Home equity _Thraugll ~~--._ 1iilj;~""- v. Nina G. R......I and Robert L R......' Ally: Joseph Goldbeck DESCRIPTION Alltbal......pk<of!JllO'!_iaIbeBoroughof MMhaniabmg. C<llBl1y of Cwnher-liod ood Stao: 01 Pennsylvania,booOOedlllllidesaibedasfol1ows,towit: BEGINNING at a point on ~ property line 011 the sooth si<l:ofRolm_.Ibe""""ofUllNo,51 ialbe pWiof l"'aboveui:stiooed;lls:o:ealooglbefllOP""lYliaooolbe sooth si<I: of RoIm_, sooth 61 degrees 58_.asl. sixty.five(6S)feetlOapointattbe comer of Lot No. 53 inlbe pWi oflOS above -'ooed; lls:o:e aIoog lio:of said UlI No. 53,mb211 degrees2_Wat..._..(tlO)feet Ol.poio!;""""aIooglbelio:ofiJmdfixmerlyotWet-bili 1bIs:s, 1oe,,1IllI1h 63 degrees5S_west.fifIy-five ood _155Jl2)feetoodsooth86degrees4O_ west.lhUleeooodseveoIy-six!omdredlbsI13,76)feelOl'poiot at1becomer of Lot No. Slaforesaid;lbencealongthe1ineof saidUll No. 51,lltlllh 26degt>es 2_......_ six...seveoIy-five_(tl6.7~feetOl.~OOIbe property liDe ofSOUlh sUk: of Robert Street, the place of BFGlNNlNG . BFJNGIbe"""pretnis&wbichW.lbiltHons:sIoe"by deeltdaled3/t2ll500d_YI8I65iaIbeOlliceoflbe fle.<onIerof1l:eds.iaoodforIbeCooatyofCUIIIberlaDd,ia iJeeltBoot21'N,.Pige tl3,gMoloodcooveyedooto RoImL.RasseIloodNma G.RmaeB.bis wBe. IMPROVFMENTS""",,of.resideatial dweIIiog, BEING PREMlSE& 008 RobertS1IeeI.Mechsnicsbmg.PA 17055. SOWalbe(llO\llStYofNiuG,_oodRobertL. Rassell, TAXPAICEL't~2J.OS63.05'), ~- W.~TTi'." Dee. 7, aees REAL ESTATE SALE No. 15 Writ No. 2005-2837 Civil Term I18nu1ac\urera end~Trust Company. ............ on _If 01 the _ 011... Home Equity Loan _Through~._ 1097~ v. Nina G. R......I and Robert L. Russell Ally: Joseph Goldbeck DESCRIPTION Alltbal<ertaiapk<of!JllO'!_iaIbeBolooghof Me<baoiabmg. Cooaty of C_-liod ood Stao: 01 Pewylvania,boonded alkidescribed as foI1owS,1O wit: BEGlNNING at a point on the property line on the south si<l:ofRobert_. Ibe cooxr ofUll No. 51 ialbepWiof lOSabovemeoliooed;""""aIooglbefllOP""lYlio:oolbe sooth si<l:ofRobot_..... 61 degrees 58_..., sixly4ive (651 feet Ol.poiot. Ibe cooxr ofUll No, 53 ia Ibe pWi oflOS above -'ooed; lls:o:ealoog lio: of saidUll No 53.sooth2lldegrees2_WrsI..._..(tlO)feet Olspoio!;""""aIooglbelio:oflaodfo!molyciWet-bilt Hons:s. Ioe"lltlllh 63 degrees5S_west.fifIy-five ood _155D2) feetood sooth 86 degrees 40 mia,,,, west,lbirtt.enandseventy-sixhuOOredlbs(13.76)feettoapoint at the comer of Lot No. 51 aforesaid; Ihence aloogthe line of saidLotNo.51,north26~2mint11eseast,onebundred sixleen seventy-five huodredths (1l6.15) feet to apoinl 00 the property lio: of sooth si<I: of Robot SOl:el.1be plare of BEGINNIIiG, . BElNGIbe"",,~whi:hWclbiltlbls:sloc..hy deeltdaled 3112115 ood_Y1U65 ialbeOlli" oflbe fle.<onIerof1l:eds,iaoodforIbeComlyofCumbotaod.ia iJeeltBoot 21-N.' Page tl3.graaledoodcooveycdooto RobotL._aadNinsG,RmaeB.biswife, IMPROVFMENTS""",,of.resideatialdwelliog. BEING PREMISE!: 008 Robert SOl:el,Medlamc.lbmg, PA t1tl55, SOWalbe~oINitaG,_""RobertL. Rassell, TAXPARCEL'I~~, '. . ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL Y ANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: 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. :rL S N TO AND SUBSCRIBED before me this 28 day of October. 2005 ~J~)d. ~P~/ NOT ARI L SEAL I LOIS E. SNYDER. Notary Pul,"" I Cariisle Boro, Cumh~rland C(\unl\i I MV Cornmi~si(lf> EXI);(:';"; March S. 2009 _..._._......,,,,,..'.,.".,~.".~..,,.. ...,,' ....,~,.~..',...~._..H....~'~....,... REAL ESTATE SALE NO. 15 Writ No, 2005-2837 Civil Manufacturers and Traders Trust Company, as Tmstee, on behalf of the Holders of the Home Equity Loan Pass-Through Certificates. Series 1997 ~5 VS. Nina G. Russell and Robert L. Russell Atty.: Joseph Goldbeck LONG DESCRIPTION ALL that certain plot of ground situate in the Borough of Mechan- icsburg. County of Cumberland and State of Pennsylvania. bounded and described as follows, to wit: BEGINNING at a point on the property line on the sou th side of Robert Street at the comer of Lot No. 5110 the plan oflots above men- tioned; thence along the property line on the south side of Robert Street, south 61 degrees 58 min- utes east, sixty-five (65) feet to a point at the comer of Lot No. 53 in the plan of lots above mentioned; thence along line of said Lot No. 53. south 28 degrees 2 minutes West. one hundred ten (110) feet to a point; thence along the line of land for- merly of Welbilt Homes. Inc., north 63 degrees 58 minutes west. fifty- five and two-hundredths (55.02) feet and south 86 degrees 40 minutes west. thirteen and seventy-six hun- dredths (13.76) feet to a point at the corner of Lot No. 51 aforesaid; thence along the line of said Lot No. 51, north 26 degrees 2 minutes east. one hundred sixteen seventy- five hundredths (116.75) feet to a point on the property line of south side of Robert Street, the place of BEGINNING, BEING the same premises which Welbilt Homes Inc.. by deed dated 3/12/65 and recorded 3/18/65 in the Office of the Recorder of Deeds. in and for the County of Cumber~ land, in Deed Book 21-N. at Page 113. granted and conveyed unto Robert L. Russell and Nina G. Russell, his wife. . IMPROVEMENTS conSIst of a residential dwelling. BEING PREMISES: 608 Robert Street. Mechanicsburg. PA 17055. SOLD as the property of NINA G, RUSSELL and ROBERT L. RUSSELL. TAX PARCEL #19_23_0563-059. . ' Assi2:nment of Bid NO, 05-2837-CIVIL- RUSSELL 608 Robert Street Mechanicsburg, P A 17055 I, Joseph A, Goldbeck, Jr., Esquire, hereby assign my bid at the Sheriff Sale dated December 07, 2005 to MANVF ACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1997-5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 GOLDBECK MCCAFFERTY & MCKEEVER ;9't~ JOSEPH A. GOLDBECK, JR. Date: December 12, 2005