HomeMy WebLinkAbout05-3211
MILSTEAD & ASSOCIATES, LLC
BY: Pina S. Wertzberger, Esquire
ID No. 77274
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Bayview Loan Servicing, LLC, a Delaware
Limited Liability Company, as Servicer for
Wachovia Bank, N.A., as Trustee,
Successor by Merger to First Union
National Bank, as Indenture Trustee
4425 Ponce De Leon Blvd, 5th Floor
Coral Gables, FL 33146,
Plaintiff,
Vs.
Richard D. Thomas
47 Drexel Place
New Cumberland, PA 17070,
and
Tracy L. Thomas, alk/a Tracy Lynn
Gesford Thomas
47 Drexel Place
New Cumberland, P A 17070,
Defendants.
p
Attorney for Plaintiff
File #4.03868
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: (/S - 301 / I &;x;.I .J~
CIVIL ACTION
MORTGAGE FORECLOSURE
(00048636)
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 after this
complaint and notice are served, by entering a written appearance personally or
by attorney and filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PAl 7013
717-249-3166
{00048636}
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NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
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1. This communication is from a debt collector. This is an attempt to collect a
debt and any information obtained will be used for that purpose.
2. Unless you dispute the validity of this debt, or any portion thereof, within
30 days after receipt of this notice, the debt will be assumed to be valid by our
offices.
3. If you notify our offices in writing within 30 days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the Judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
{00048636)
MILSTEAD & ASSOCIATES, LLC
BY:Pina S. Wertzberger, Esquire
ID No. 77274
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
Bayview Loan Servicing, LLC, a Delaware
Limited Liability Company, as Servicer for
Wachovia Bank, N.A., as Trustee,
Successor by Merger to First Union
National Bank, as Indenture Trustee,
4425 Ponce De Leon Blvd, 5th Floor
Coral Gables, FL 33146
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.:
Plaintiff,
CIVIL ACTION
MORTGAGE FORECLOSURE
Vs.
Richard D. Thomas
47 Drexel Place
New Cumberland, P A 17070,
and
Tracy L. Thomas, alk/a Tracy Lynn
Gesford Thomas
47 Drexel Place
New Cumherland, P A 17070,
Defendants.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, as
Servicer for Wachovia Bank, N.A., as Trustee, Successor by Merger to First Union National
Bank, as Indenture Trustee (the "Plaintiff'), is a limited liability company registered to conduct
business in the Commonwealth of Pennsylvania and having an office and place of business at
4425 Ponce De Leon Blvd, 5th Floor, Coral Gables, FL 33146.
{00048636}
2. Defendants, Richard D. Thomas and Tracy L. Thomas, aIkIa Tracy Lynn Gesford
Thomas, (collectively, the "Defendants"), are adult individuals and are the real owners of the
premises hereinafter described.
3. Richard D. Thomas, Defendant, resides at 47 Drexel Place, New Cumberland, PA
17070. Tracy L. Thomas, aIkIa Tracy Lynn Gesford Thomas, Defendant, resides at 47 Drexel
Place, New Cumberland, PAl 7070.
4. On September 9, 1998, in consideration of a loan in the principal amount of
$52,000.00, the Defendants executed and delivered to Mellon Bank, N.A. a note (the "Note")
with interest thereon at 5.75 percent per annum, payable as to the principal and interest in equal
monthly installments of$419.00 commencing October I, 1998.
5. To secure the obligations under the Note, the Defendants executed and delivered to
Mellon Bank, N.A. a mortgage (the "Mortgage") dated September 9, 1998, recorded on
September 10, 1998 in the Department of Records in and for the County of Cumberland under
Mortgage Book 1482, Page 35. Pursuant to Pa.R. C.P. 1019 (g) the mortgage is incorporated
herein by reference.
6. On March 7, 2001, the aforesaid mortgage was thereafter assigned by Mellon Bank,
N.A. to First Union National Bank, as Indenture Trustee, by Assignment of Mortgage recorded
in the Office ofthe Recorder of Cumberland County on October 22, 2001 under Assignment of
Mortgage Book 681, page 4348. Said Assignment of Mortgage is incorporated herein by
reference.
7. The Mortgage secures the following real property (the "Mortgaged Premises"): 47
Drexel Place, New Cumberland, PAl 7070. A legal description of the Mortgaged Premises is
attached hereto as Exhibit "A" and made a part hereof.
{00048636{
8. The Defendants are in default of their obligations pursuant to the Note and Mortgage
because payments of principal and interest due March 1,2005, and monthly thereafter are due
and have not been paid, whereby the whole balance of principal and all interest due thereon have
become due and payable forthwith together with late charges, escrow deficit (if any) and costs of
collection including title search fees and reasonable attorney's fees.
9. The following amounts are due on the Mortgage and Note:
Balance of Princioal $46,128.53
Accrued but Unpaid Interest from 2/1/05 to $1,041.00
6/22/05ia15.75% oer annum ($7.27 per diem)
Accrued Late Charges $91.02
Title Search Fees $200.00
Reasonable Attorney's Fees $1,250.00
LESS Escrow Suspense Balance -$390.95
LESS Other Suspense Balance -$46.50
TOTAL as of 06122/2005 $48,273.10
Plus, the following amounts accrued after June 22, 2005:
Interest at the Rate of 5.75 per cent per annum ($7.27 per diem);
Late Charges of$15.17 per month.
10. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983
Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing
to the Defendants at 47 Drexel Place, New Cumberland, PAl 7070 as well as to address of
residences as listed in paragraph 3 ofthis document on May 12,2005, the notice pursuant to'
403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of
such notices are attached hereto as Exhibit "B" and made apart hereof.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for
foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9,
namely, $48,273.1 0, plus the following amounts accruing after June 22,2005, to the date of
( 00048636}
judgment: (a) interest of $7.27 per day, (b) late charges of $15.17 per month, (c) plus interest at
the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if
any) hereafter incurred, (e) and costs of suit.
M~SThiJi~;:
Pina S. We berge, s . e
Attorney for Plaintiff
{00048636}
VERIFICATION
I, Pina S. Wertzberger, hereby certify that I am an Attorney for Plaintiff and am authorized to
make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the
forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge,
information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904,
relating to unsworn falsification to authorities.
Name: Pina S. We
Title: Attorney
{OOO~8636}
,
ALL THAT CERTAIN lot or piece of ground with the building and
improvements thereon erected, situate in the Township of Lower Allen,
County of cumberland and Commonwealth of Pennsylvania, being more
fully described on that certain As Built Plan of Foxlea Residential
community village One, Phase 1, Low~r Allen Township, CUmberland
County, pennsylvania, as prepared b~ Gerrit J. Betz Associates, Inc.,
Engineers and surveyors, dated October 6, 1976 and last revised March
19, 1977, as recorded in the Office of the Recorder of Oeed~ of
CUmberland county, Pennsylvania, March 23, 1977 in Plan Book 26, Page
50, which Plan is herein incorporate~ by reference as if hereto
attached, as Unit Number 47 in Building nGn and described on said.As
Built Plan by met~~ ~nd bounds whic~ description is likewise herein
incorporated by reference. ..
TOGETHER with all the benefits and rights of easement and enjoyment as
excepted and reserved by Foxlea Nominee corp. and Foxlea Enterprises,
Inc. in its .Deed to CUmberland county National Bank and Trust Company
dated April 21, 1975 and duly recorded in the Office of the Recorder
of Deeds in and for the County of Cumberland in Deed Book A, Volume
26, Page 303. .
EXHIBIT A
MAY 12, 2005
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgal'e ofvour home is in default. and the lender intends to
foreclose. Specific infonnation about the nature of the default is provided
in the attached pa!!es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to
Help save vour home. This notice explains how the program works.
To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF TIDS NOTICE. Take this notice with you
when vou meet with the Counseling Al>encv.
The name. address and phone number of Consumer Credit Counseling Agencies servicing vour
County are listed at the end of this Notice. Ifvou have anv questions. you mav call the
Pennsvlvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call (7 I 7) 780-1869.
This Notice contains legal infonnation. If you have any questions, representatives at the Consumer
Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SI CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
IMMEDIA T AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "
HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE DAL V AR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU
HIPOTECA.
MORTGAGOR'S NAME:
MAILING ADDRESS:
LOAN ACCT NO.:
ORIGINAL LENDER/SERVICER:
CURRENT LENDER/SERVICER:
Richard D. Thomas and Tracey L. Thomas
47 Drexel Place, New Cumberland, PAl 7070
149325
Mellon Bank
Wachovia Bank, N.A. as trustee fka First Union
National Bank for Bayview Series 2002-D
YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOUR MAKE FUTURE MORTGAGE
PAYMENTS
EXHIBIT B
{00043859}
IF YOU COMPLY WITH THE PROVISIONS IF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGmLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY
CmCUMSTANCES BEYOND YOUR CONTROL
IF YOU HAVE A REASONABLE PROSPECT OF
BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY
REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY
TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that
time you must arrange and attend a "face-to-face" meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. TIDS MEETING MUST OCCUR WITHIN
THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE. YOU BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS
NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO
BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES. If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against
you for thirty (30) days after the date of this meeting. The names. addresses and telephone
numbers of designated consumer counseling agencies for the county in which the orooerty is
located are set forth at the end ofthis 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 of the designated consumer credit counseling agencies
listed at the end of this Notice. Only consumer credit counseling agencies have applications for the
program and they will assist you in submitting a complete application to the Pennsylvania Housing
Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your
face-to-face meeting.
YOU MUST FILE YOUR APPLICATION 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 ACTlON- 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 its receives
your application. During that time, no foreclosure proceedings will be pursued against you if you
(00043859)
have met the requirements forth above. You will be notified directly , ;he 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 IF TIllS NOTICE IF FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A ATTEMPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your
property located at:
47 Drexel Place, New Cumberland, PA 17070
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months are now past due:
3/1/2005 thru 5/1/2005 at $419.00 per month = $1,257.00
Late Charges - $60.68
TOTAL AMOUNT PAST DUE: $1,317.68
HOW TO CURE THE DEFAULT. You may cure the default within THIRTY (30) DYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER
WHICH IS $1,317.68 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv
cash. cashier's check or monev order made pavable and sent to:
Bavview Loan Servicinl!. LLC
4425 Ponce De Leon Blvd.. 5" Floor
Coral Gables. FL 33146
IF YOU DO NOT CURE THE DEFAULT -lfyou do not cure the default within THIRTY (30)
DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the
mortgage debt. This means that the entire outstanding balance of this debt will be considered due
immediately and you may lose the chance to pay the mortgage in monthly 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 mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the
Sheriff to payoff the mortgaged debt. If the lender refers your case to its attorneys, but you cure
the delinquency before the lender begins legal proceedings against you, you will still be required
to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the
amount you owe the lender, which may also include other reasonable costs. If you cure the
default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
(00043859)
principal balance and all 01 sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE - If you have no
cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you
will still have the right to cure the default and prevent the sale at any time up to one hour before
the Sheriff s Sale. You may do so by paying the total amount then past due, plus any late or
charges then due, reasonable attorney's fees and costs connected with the Sheriff's Sale as
specified in writing by the lender and by performing any other requirements under the mortgage.
Curing the default in the manner set forth in this notice will restore your mortgage to the
same position as if you had never defaulted.
EARLIEST POSSffiLE SHERIFF'S SALE DATE - It is estimated that the earliest date that
such a Sheriff's Sale of the mortgage property could be held would be approximately FIVE (5)
months from the date ofthis Notice. A notice of the actual date of the Sheriffs Sale will be sent
to you before the sale. Of course, the amount needed to cure the default will increase the longer
you wait. You may find out at any time exactly what the required payment of the action will be by
contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Bayview Loan Servicing, LLC
4425 Ponce De Leon Blvd., 5th Floor
Coral Gables, FL 33146
1-305-646-3878
Cristy Justo
Phone Number:
Contact Person:
EFFECT OF THE 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 mayor XX may not 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 it at the sale and that the other
requirements of the mortgage are satisfied. Please contact:
Bayview Loan Servicing, LLC
4425 Pone De Leon Blvd., 5th Floor
Coral Gables, FL 33134
1-305-646-3878
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 PAYOFF THE
DEBT.
TO HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL T
HAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDER
YEAR)
(00043859}
TO ASSERT THE NONK fENCE OF A DEFAULT IN ANY FOll ~OSURE
PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS
TO ASSERT ANY OTER DEFENSE YOU BELIEVE YOU MAY HA VB TO SUCH ACTION
BY THE LENDER
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS
INCLUDED.
mlfl)i.l~hf(td-L<</(JrrP )
Michael J. Mil t ; Esq.
Milstead & Associates, LLC
(00D43859}
This is an attempt by a d. .::ollector to collect a debt. Any inforn.Jn obtained will be
used for that purpose. Unless you notify this office within thirty (30) days after receiving
this notice that you dispute the validity of the debt or any portion thereof, this office will
assume that this debt is valid. If you notify this office in writing within thirty (30) days
from receiving this notice that the debt, or any portion thereof, is disputed, this office will
obtain verification of the debt and mail you a copy of such verification. Collection
agencies are regulated by federal law which grants you certain rights. One of these is right
to have us cease communication with you about this debt. If you ask us in writing to cease,
we will. This law is administered by the Federal Trade Commission, Division of Credit
Practices, Washington, DC 20580. If you request this office in writing within thirty (30)
days after receiving this notice, this office will provide you with a name and address of the
original creditor, if different from the current creditor.
{00043859}
CUMBERLAND COUNTY
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, P A 17325
(717) 334-1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888-511-2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
(717) 232-2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
(717) 762-3285
PHFA
211 North Front Street
Harrisburg, PA 17110
800-342-2397
Effective 4/27/2004 at 11:30:12 AM
\
71b0 3'1lJ], ~Ij& ~Sljlj 2m
TO:
Richard D. Thomas
47 Drexel Place
New Cumberland, PA 17070
SENDER:
REFERENCE: 4.03868
PS Form 3800, June 2000
RETURN Postage
RECeIPT Certified Fee
SERVICE
Return Receipt Fee
Restricted Delivery
Total Postage & Fees
US Postal Service
Receipt for
Certified Mail
POSTMARK OR DATE
No Insurance Coverage Provided
Do Not Use for International Mail
.60
71bO 3~01 9&1j! ~51j1j 260b
TO:
Tracey L. Thomas
47 Drexel Place
New Cumberland, PAl 7070
SENDER:
REFERENCE: 4.03868
PS Form 3800 June 2000
RETURN Postage
RECEIPT Certified Fee
SERVICE
Return Receipt Fee
Restricted Delivery
Total Postage & Fee$
US Postal Service
Receipt for
Certified Mall
POSTMARK OR DATE
No lnst.lrance Coverag. Provided
Do Not Use for International Mail
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MILSTEAD & ASSOCIATES, LLC
BY: Pina S. Wertzberger, Esquire
ID No. 77274
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
File #4.03868
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Bayview Loan Servicing, LLC, a Delaware
Limited Liability Company, as Servicer for
Wachovia Bank, N.A., as Trustee,
Successor by Merger to First Union
National Bank, as Indenture Trustee,
No.: 05-3211
Plaintiff,
Vs.
Praecipe to Dismiss the Mortl!:al!:e
Foreclosure Action without Preiudice
Richard D. Thomas,
and
Tracy L. Thomas, a1k!a Tracy Lynn
Gesford Thomas,
Defendant(s).
TO THE PROTHONOTARY:
Kindly dismiss the above captioned Mortgage Foreclosure Complaint without
Prejudice.
M
{00050533}
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-03211 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAYVIEW LOAN SERVICES LLC
VS
THOMAS RICHARD D ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
THOMAS RICHARD D
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, THOMAS RICHARD D
47 DREXEL PLACE
NEW CUMBERLAND, PA 17070
47 DREXEL PLACE IS VACANT.
DEFENDANT CURRENTLY LIVES IN COLUMBUS OHIO.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
13.32
5.00
10.00
.00
46.32
So an~we~~:__'c:""::,,/,,~:<,"::-~::-:.,
~;?:~~:.-_..
- -r?-"~~--""
R. Thomas Kline
Sheriff of Cumberland County
?
.-.-..
MILSTEAD & ASSOCIATES
06/30/2005
Sworn and subscribed to before me
this /.l. IE: day of ~
~~ A.D.
~h& ~ Q. I-h I ilL. , , I( 4r'>
Pro h notary
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-03211 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAYVIEW LOAN SERVICES LLC
VS
THOMAS RICHARD D ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
THOMAS TRACY L AKA TRACY LYNN GESFORD THOMAS
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, THOMAS TRACY L AKA TRACY LYNN
GESFORD THOMAS
47 DREXEL PLACE
NEW CUMBERLAND, PA 17070
47 DREXEL PLACE IS VACANT.
DEFENDANT IS CURRENTLY LIVING IN COLUMBUS OHIO.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
6.00
.00
5.00
10.00
.00
21.00
So a.n~Vl~'5?;:.-<~. .,,:-
.. - q;>~ ~..?"..'::>.
/ ;/ .( " L --C~'---_.--'
R. Thomas Kline
Sheriff of Cumberland
7
County
MILSTEAD & ASSOCIATES
06/30/2005
Sworn and subscribed to before me
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