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Home My WebLink About05-4930 GOLDBECK McCAFFERTY & McKEEVER ,By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF TRAVELERS BANK & TRUST, FSB 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. LUE ANN MALCOLM DANNY N. MALCOLM Mortgagors and Real Owners 364 Greenspring Road Newville, PA 17241 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendants Term oS' - 1.1930 CIVIL ACTION:1MOATGAGE I=O~~CLOfflJ~F . 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE ALA WYER, THIS 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 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 AVIS 0 LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTa DE VISTA DE US TED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR j FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES .DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORT ANTES. USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, V A Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE P AGARLE A UN ABOGADO, EST A OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 THIS 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. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is Davil Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number oj CITX -0908. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is TRAVELERS BANK & TRUST, FSB, 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019. 2. The names and addresses of the Defendants are LUE ANN MALCOLM, 364 Greenspring Road, Newville, PA 17241 and DANNY N. MALCOLM, 364 Greenspring Road, Newville, PA 17241, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On March 02, 2002 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to TRAVELERS BANK & TRUST, FSB, which mortgage is recorded in the Office ofthe Recorder of Deeds of Cumberland County as Book 1751, Page 1381. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 10 19(9); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings ifthose 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" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 10, 2005 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 04/10/2005 through 09/3012005 at 8.6712% Per Diem interest rate at $28.37 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 05/1012005 to 09/30/2005 Monthly late charge amount at $48.96 Costs of suit and Title Search Corporate Advance $117,778.16 $4,908.01 $5,888.91 $244.80 $900.00 $45.00 $129,764.88 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiffis entitled to collect Attorney's fees ofu] to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess ofthe amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) ,attached hereto as Exhibit "B". The 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 Defendant~ 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 $129,764.88, together with interest at the rate of $28.3 7, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure ofthe Mortgage and Sheriffs Sale ofthe Property. By: OL By: J EPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERI FICA TION I, Teresa Skinner, 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: 0-1~ -0 '\ CITIFINA .ruJ - cexfii6it jt - S@P 12 05 12:561" Re~i5t@rLRecorder 7172635717 1".3 Birnple to the said Grantees: ALL those three certain tr..cts of lanc1, W1th t.he: illplV..,.sment:a thereon erected, .it\Ute in the Township of North Newton, County of CUmberland and CQnlmrJnw..lth of penneylvania, bounde.d And de-scribed as followBf to vit, TRACT NO. 1. ~ ~~~~N~rQIlIll~e:Vi~~;n~o 1~:v) C:~I:r:~~~~1: C~i:U~r::1h~~:~ twenty-five (325) teet Heat of C'CltrImOJ1 eorner with lan4. now or fOrllerly of Clarttnce Shaffer; t.hence 1n .. l!lIout.herly direction at. ri.ght angle to the afor..a1d road an4 land now oX" formerly of o.wey Shaffer et ux. two hundred: t2.0Cr teet eo .n iron pint thence by same in a west.erly d.trection one hundred t'W'en1;y-five (1.26) fll.t to an iron pint t:henae by 8'alJMt in a nort.herly dl7:8ctian by liM at. right angla.. .two hundr.d 1200) faQ.t t.o the center of lb. a.forellaid road; thence by center of the aforesa.id X'oad in lib e...t.erly direction one hundred twenty-five (125) feet to the place cf BEGINNING . 'I'liB conveyamce oC &11.1.. t:.ct 18 subjeot to t:h. :r..tric:tion. in the her.inafter recited Dee<:l. TRACT NO 2 , BE.:G:CNN'ING at a point in cbe cente:t'l1ne of Rout:.e 1641 (rolJ.cl lea.ding f..om He""ille to Newburg) .aiO point being fo"r hundred fifty ("SO) feet wa.~ of OOlNllOR cornal:' with lands no,", or formerly of Clarence Shaffer, thence in a soutnerly direction at. ri'g"ht. angl.. to the atoresaid road and lands now or fOnleX'ly ot Xeller Jwnper, et: we, two hundred UOO) feet to aft iron pin, tbence by .ame in ... we8t direction twenty-five (25) feet to an iron pinJ thence by ..me in a nort.herly d.J.reatlon by J.1b,e at: right .angl.. two hundred (:aOO) feet to t.he ceneerliae of the ..for..aid road: thence by cfll1ter ot the .t'ore..id road in an ea.terly direction t.we.nty.flve (251 teet to the place of BEGIHllING. 'tHE conveyance of this tract 18 ."bject: t.o eh. re_l:r!ct..ion. in the hereinafter roc! ted Deed. TRACT NO 3 : BEGINNING at a point in th. centerline o~ Pezmayl vanitl- Stat.e Higbway Route No. 641. neadinsr from Nswville to Newburg) at corner of land now or fo~erly of Keller o. Jumper and Phyl1i. W. 3ump.r, DOlIK 1ElO r.lOC 2:;.9 Sep 12 05 12:57p Re~iste~LReco~de~ 7172635717 p.'4 ".'.1 . thence by .aid Jumper ~.nd South ten 0.0) deWr.... thirty l30} minu.te. ea.t two hundred (200) feet. to a Btake, thence by land no,," or tormeJ.'"1y of De.w4!lY Shaffer and Nellie M. shaff.r, north 8event:y- nine 179) degreee, thirty (30) minutes But One Hundred Ilool feet ~~oa~~~r;.;~ t&eonOc)e !~:;ht~e;~ ~ln:er~~etb!er;~~f3~~ =:;~v:::; State Highwsy Route No. 641 sforesaid, tll.nce by the centu of said road Bouth seventy-nine (79) degre.. thirty (30) al.lnutee west one hundred (100) feet to the plsce or BEllINNII\lG. 1118 conve:yance of this tract ia 8ubject to the reBtrict1on8 in the hereina.fter recited Deed4 Bl!INtl the same prellbee conveyed by IOfLLli:R O. JllIIIPElt and PHYJ.tl.:tS ". JOMPEll. hua.band and wite, by deed. da.ted July 21.1 1987 snd recorded in the OrUee of the Rec<n"der of Deede of CUIllberland county. Penn.y~v.ni.. in Dead Book .U", Volume 3:1, pagt!. 97$, unto PAUL F. ORN2R, SR. and lRENB OlUQ!:R, huobancl and vUe. IRENE ORNilIl died on December 13, 1994.". tbereby v..ting the entire fee QlR\ex-ship in her liIurvi.vl'ng' epo\l.., PAUL F. ORNER, sa.. the decedent he:rein. SlUNG known and numb.reel .. 364 Green Spring Road, Newville, P~nnaylvania, 1.7241. AND JILL kUHNS and JANSa JC.tJHNS, Co-S>tecutor. of the getate of Pi\UL .~. ORNER sa.. dllceAlted.,. Qoven..nr:. promise and a~r.e to -.nd with the said Grantees, thei.r heirs and aa.igrul', by the.. proeenta, t.hat . the Co-)lx.ecutor. of the Elilt.ate of PAUl. P. ORNER SR., deceased, have not done. committed,. or knowingly or will):n91y euffend t.o be: don. or committed, any act, mat.ter or thing what8oe.ve.T whereby the p:retl1... hereby grant.ad. or any part thereof, is, are, shall oJ:' may be impeached. charged or encumb.re.d. in tiel"",. charge. ..tate. or otherwise hw.o8V11r. IN' WITNESS WHEREOf', t.h. lIaid Qrant:.orB do hereby set. their kana. and .eals the day and year f1r.t above wrltceo. BS'1"A'l"B 0,," PAUL P. ORNRR SR~ ~~tL-. ~-'/I.#1 BY~ t.C C. €~#-::;r;r. tnes JCuhn.. Co-Bxecu~o~ By,~ ~ lj-~t6#l Ji 1 Kuhns. Co-Executor 001)1( 180 r.lC, 230 . , I .1 ~lii6it (]3 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE July 20, 2005 TO: Lue Ann Malcolm 364 Greenspring Road Newville, P A 17241 Danny N. Malcolm 364 Greenspring Road Newville, PA 17241 Lue Ann Malcolm PO Box 94 Newville, P A 17241 Danny N. Malcolm PO Box 94 Newville, P A 17241 THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A ITEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A ITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclosure. 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 "rogram works. To see ifHEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with you when yOU meet 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 Pennsylvania 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 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 IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME (8): Lue Ann Malcolm and Danny N. Malcolm PROPERTY ADDRESS: 364 Greenspring Road, Newville, PA 17241 LOAN ACCT. NO.: 5839811 ORIGINAL LENDER: Citicorp Trust Bank, fsb CURRENT LENDER/SERVICER: Citicorp Trust Bank, fsb HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty three (33) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one ofthe consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) 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-Ifvou 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 three (33) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end 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 a 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 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 ou have filed bankru tc ou can still a I for Emer enc Mort a e 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: 364 Greenspring Road, Newville, PA 17241 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: Start/End: 05/10/05 through 06/10/05 at $1,028.20 per month, then $979.24 for 07/10/05. Monthly Payments Plus Late Charges Accrued NSF: Inspections: BPO: Speed pay: Uncollected credit insurance: Uncollected late charges: Taxes: Late fee income: Total amount to cure default $3,035.64 $30.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,065.64 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot applicable): N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,065.64, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (800) 422-1498. Payments must be made either bv cash. cashier's check. certified check or monev order made payable and sent to Citicorp Trust Bank. fsb. 1111 Northpoint Drive. Coppell. TX 75019 Attention: Loss Mitigation. You can cure any other default by taking the following action within THIRTY THREE (33) DAYS of the date of this letter. (Do not use if not applicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. The 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 THREE (33) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon vour mortgage property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal 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 to the lender, which may also include other reasonable costs. Ifvou cure the default within the THIRTY THREE (33) DAY period. you will not be required to pay attornev's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY THREE (33) DAY period and foreclosure proceedings have begun, you 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 bv paying the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE 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 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 be by contacting the lender. HOW TO CONTACT THE LENDER: Citicorp Trust Bank, fsb 1111 Northpoint Drive Coppell, TX 75019 Attn: Loss Mitigation (800) 422-1498 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 liye 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 or_X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HA VB THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED If this is the first notice that you have received from this office, be advised that: You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from the receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise the debt will be assumed to be valid. Likewise if requested in writing within thirty (30) days from receipt of this letter, the firm will send you the name and address of the original creditor if different from above. Very truly yours, Phelan Hallinan & Schmieg, LLP On Behalf of Citicorp Trust Bank, fsb By: Francis S. Hallinan FF: jmm Cc: Citicorp Trust Bank, fsb Attn: Loss Mitigation Account No.: 5839811 Mailed by 151 Class Mail and by Certified Mail No: 7005 1160000508283709/3716 7004 1350000362557512/7529 ,Jan-D6-20D5 11 :25am Froll- 1-447 P.DD7/01D F-&l. Pennsylvania Housing Finance Agency Homeowners' Emergency Mortgage Assistance Program County Counseling ~gency List CUMBERLAND Adams County Interfaith Housing Aut! 40 E. High Street Gettysburg. PA 17325 (711) 334-1518 Loveship. Inc, 2320 North 5th Street Harrisburg, PA 17110 (717) 232~2207 DAUPHIN cccs of Western PA 2000 Linglestown Road Harrisburg. PA 17102 888-511-2227 PHFA 211 North Front Street HarrISburg, PA 17110 800-342-2397 DELAWARE Acorn Housing Corporation 846 North Broad Street PhllaClefphia, PA 19130 (215) 765-1221 American FinancIal Counseling Servlr 175 Strafford Avenue, Suite One Wayne, PA 19087 800-490-3039 Carro!1 Park Communjty Council, Inc. 5218 Master Street PhllaC!elphia, PA 19131 (215) 877-1167 January 2005 CCCS of Western PA 2000 Llnglestown Read Harrisburg, PA 17102 888-511-2227 Maranalha . 43 Philadelphia Avenue Waynesboro. PA 17208 (717) 782..3285 Community ActIon Commission of Cs 1514 Derry Street Harrlsbur;, PA 17104 (717) 2.32-9757 American Credit Counseling Institute 175 Strafford Avenue Suite 1 Wayne, PA 19087 (610) 971.2210 American Red Cross of Chester 1729 Edgemorrt Avenue Chester, PA 19013 (610) 874-1484 CCCS of Delaware Valley 280 North Providence Read Media, PA 19063 (215) 563-5665 page e of 21 Community Action Comml.lon of Ca 1514 Derry street HarrIsburg, PA 17104 (717) 232.9757 PHFA 211 North Front Street Harrisbllrg, PA 17110 800-342-2397 Loveshlp, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Al1'Ierlcan An.nclal Counsenng $erv;, 1 Abington Plaza, Suite 403 Old York Road and TownshIp \..Ine Jenklntown. PA 19046 B0Q-490..J039 APM 2147 North Sixth Street Philadelphia, PA 19122 (215) 235-6788 CCCS of Delaware valley 790 E. Market St Suite 170, Marshall Bttilding West Chester, PA 19382 (215) 56S.sEiS5 ~ 1"-") ~ ~ = = c.T1 ~ (/1 --4 ~ 0 r: :r: ~ -0 rn:!J V\ f'-) to (/', \'""f"" .(' S.-:l "- ..D ~ ' , C' ....D -0 ~n VI -~ c") "'<l -c., -- ~ ~'\ .r::- bftl ~ ;--\ ~ g" - 0 ,n (..il -< ------ ~/ ._~------ - SHERIFF'S RETURN - REGULAR CASE NO: 2005-04930 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TRAVELERS BANK & TRUST FSB VS MALCOLM LUE ANN ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MALCOLM LUE ANN the DEFENDANT , at 1808:00 HOURS, on the 22nd day of September, 2005 at 364 GREENS PRING ROAD NEWVILLE, PA 17241 by handing to LUE ANN MALCOLM a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service So Answers: Surcharge 18.00 9.60 .00 10.00 .00 37.60 .~9:,~=-d~ /:2--, R. Thomas Kline 09/23/2005 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: ~,,~ / pJtty er ff me this day of SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04930 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TRAVELERS BANK & TRUST FSB VS MALCOLM LUE ANN 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 MALCOLM DANNY N but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MALCOLM DANNY N 364 GREENS PRING ROAD NEWVILLE, PA 17241 PER LUE ANN, DANNY'S ADDRESS IS PO BOX 177 SPRING GAP, MD. ~,) Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 so:.r::~s:? . ./ .y:;:/;C:(:. / R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 09/23/2005 Sworn and subscribed to before me this 3 () day of :;'f~~ 'zooS- A.D. pr~VtniJllL ! GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A, GOLDBECK, JR. ATTORNEYI.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF TRAVELERS BANK & TRUST, FSB 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COpy OF THE ORIGINAL FILED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. LUE ANN MALCOLM DANNY N. MALCOLM Mortgagors and Real Owners 364 Greenspring Road Newville, PA 17241 CNIL ACTION - LAW Defendants ACTION OF MORTGAGE FORECLOSURE Term 06- qt;3{} Cu"'-l CIVIL ACTION:I'MOATGAGE ~O"'l'!CL~PiE' 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT 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 ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 THU'" cil~'/ ;:',,">"'!.~ <~~.t""~"-~ II,;. ,,, ,." . .; '.\,.,,,,' f'C:,,.,.o'''1' 1n 'f '~::ju((j,)P/ W:~f~(;tfJf. I iun~ t'l')t(. ~ot :11,: r~tlj', :~nd the S6fJI 01 ~11 (;(}fif5~~_ Pl.. rho clbtJ)' Prothonotaly CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON EST A DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORT ANTES. USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, V A Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE P AGARLE A UN ABOGADO, EST A OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS 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. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit BUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of CITX-0908. Para informacion en espanol puede communicarse con Loretta aI215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff is TRAVELERS BANK & TRUST, FSB, IIII Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019. ! HEREBY CERTIFY THAT THIS IS 2. The names and addresses of the Defendants are LUE ANN ~r~~~~a6HaY OF Newville, PA 17241 and DANNY N. MALCOLM, 364 Greenspring~GUN8s~Iet.U~l)n, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On March 02,2002 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to TRAVELERS BANK & TRUST, FSB, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1751, Page 1381. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Peunsylvania 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" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 10, 2005 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 04/10/2005 through 09/30/2005 at 8.6712% Per Diem interest rate at $28.37 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 05/10/2005 to 09/30/2005 Monthly late charge amount at $48.96 Costs of suit and Title Search Corporate Advance $117,778.16 $4,908.01 $5,888.91 $244.80 $900.00 $45.00 $129,764.88 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking ajudgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuanl to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date( s) set forth in the true and correct copy of such notice( s) attached hereto as Exhibit "B". The 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 $129,764.88, together with interest at the rate of$28.37, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: CK McCAFFERTY & McKEEVER By: J EPH A. GOLDBECK, JR., ESQUIRE AITORNEY FOR PLAINTIFF VERI FICA nON I, Teresa Skinner, as the representative of the Plaintitf corporation within named do hereby verity that I am authorized to and do make this veritication on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. ,/ Date: Q-11-0 ') CITIFINA .rv-J P,~lii6it Jl S@P 12 05 12:5Sp Re~isterLRecorder 7172635717 1'.3 simple 1:;0 the liIaid Grantcu"., ALL t.hclIe t.hr.. certllin t.rlloct.8 0:1: land.. w1t.h t.he lmpri.>V~n\Ilont.. thereon _rClct$d, ait.uat.e in t.ha Town.hip of Nortll Newton, Coun~y of CUlllberlan<:l and c~",.al~ ot E'erlneylvania, bOllndl/ld and d.lJlilcribltd 118 fol10"'., to ",itl Thlt.CT NCl 1, B8<JINN'I1iO at.. poin!: Ln the cent.rline of Rouee 641. [J:Qad heding: f1'Qlll _vUle t.o Il~) ..ld poil\t being thne huntSred twenty-five (325) ftlet If..t of CQIIIIIIOn COl:Mr with l..ud no'" or fO;E'lll.8S'ly of Clerence ShaUer, theDce in .. 8outhel:'ly <1h:8c:t.ion at r:Lght angle to the efore.aid :toad. and 1anc:l now or formerly of o.lOIey .shaffer et ux. two hund.rect 12001 feet to lion iron pin: thence by same in .. _et.er1y dLrection (lll. hUn~6 twenty-five (U51 t..t t.<:I an It"on pint th_nett by Ill.... in .. northBrly direction by u.no at right el;>gle.. l::wo n\ladrK 1:z00) rll&t to tha cent.:r of the ",forluaid rO<lld; t:henee by center of the afot'88aid road in an easterly db:ection on. hundr..d t"8nty~five (l25) f...t to the pla08 ct ilaGINNIUG. TUB conveY/lrlct: o~ tW. tract i. ,",ubj..Qt; to the. :relltriceion.. in em. hllreinafter rllocited Deed. TRACT NO 2, BEGINNING at it point in ell. cent..rline. of Relit.. '640:1. (ro;.d laading f:r-ora Nel:wvilh to NewbUrg) nid point bo:ing four h\lndred fHty 1"50) feet Wlllllt of o~on co:!:'n..r with landlll no" or forMerly of clarence; Sbafter! thence :in Oil .outherly directiOll at r.1l1ht angl.. tn the .foresaid road and 11,04. now or fCnlerly of Kellar JU1IIpe:r:, et lU, two hundred UOO) feet tQ an h:on pinl the.nc. by a.lIe in _ WI/Ist direction twenty. five (2S) feet to an b:oo pinl thence by lIallle in e norehe:r:ly di.r..gtlVl'1 by 1~ at r1~bt. angl.. CoWl hu<t<l~ 1.00) feet to th.. 00:0te1:1io. of tbe .forellaiel road, theng. by centa:r: of the arora_td road in an eaet..:r:ly di:rw.ction twenty-flve j~s) reet to tha place gf 1r.a1lmXNlJ, TliE conveyance of this tract :1.8 B\lbject to th. re"triction. in ehe. herainafter recited Deed. TRACT NO ] t BlronlNINlJ ae .. point in ehol contex-line of PelU\lIylvani.. st.i/l.t;e High.way Route No. 6'11 1l.~dill5' frcm ~ewvi~l.. to N..wburg) at corner ot land now 0'1: fOX'lllo,rly ot Kell.r o. J\llIliH'r.n<l PhylUe 101. Ju~.", GOOK tea /',WE 2~9 Sep 12 05 12:57p Register&Reeord@r 7172635717 ,'I. thEmce by eald JUlllpe~ land. S<>\l,l;h ~.n (10) <Uti'r..II:, thit"ty (301 Plinute8 eallt two hundred (:lOOI t__t to .. stake, thence by land now or tr;ll;merly or: Dcwey sb..ff.~ *,I\d Nallie. K. slu!.U",r, nortb lIeV1mty- nine 17'1 cle.gnes, thirty (30) mitultu bet One lCUDdrad 1100J f."t to a point.: the.nce nOrtb tell (10) de~J're.1I thirty (30, lII!lIUtu 'fI1I"t two hundred (200) feet. to . point in the c"l'lter of ~yl.v.nl. Stll.U Highway Route N'o. 64.1 aforuald, thenee by the center of eaid road 1I0Ur.n seventy-nine (19) ctegr.u thirty (30) llIinutee wellt one hurn.'h'ed 1100) feet to tile place of BEGINNING. 'l'M8 conve'yanclI of t.hb tract ill IUhject to th. re8~ictionll in the hel'einafter recit"d Dead. BEIltO the 8alM pnlllieee conveyed by Kl!:LLBR. O. JVKPER aM PHYJ"l,I$ lr. .1UMi'SR, h\allborn!; Iln4 wU., by deed dat.ecl JUly :n, 19&1 anci record.d in the QUioe of tbfl Il.ecorder of Delicia of Cumberl~d CO\lnty, li'ennllylvanie 1n ~ IlOOlI. .u", Volu.. 32. Page ''75, unto PAlJL F. OIUfBR., SR. and IRENa olUfltR, hulbancl and wife, IllI:NB ORNlal dled on December 13. U~. tbereby ve.ting tM entire f.. OWMrtShip 1n her lIuJ:'VJ.v1~ lIP<No... PAUL 'p. ORBER, sa., tha deeedant herein. BBING knO'oln end nulllbeJ:ed, .. 3'" Gre.n Spring Ro;Ld, Newville, P"l1n8ylv~i., 17241. AND JILL lWiINS and J1\Ml$S JUlII)l'S, eo.~eutor' of the allt.iltll of PI\.IJL F. ORNEIl .!Ill.. , <iooce..ed, ClO....JU.nr, promislI and _gX'elt to and with the said Grilntee.e, their h.ire and &81111gnll, by thole. pr<:t..ntll, that. , the. eo.BXecutore o~ the Kllt.te of PAUL P. OO1IER SR" l!ectla.e(l, havll not done, COllllllitted, or kD.owingly or Willingly auffered to be doR'l or cOIIII'Ilitted, any act, mat.t.r Clr thing whlJ.tBOttver whereby the pl:8l1ililee he:nby granted, or any PlIrt thereof, ia, are, Bhall or "'OIly be impeachad, charged or encumb.r..d, in titlo, charge, 1I11tete, Ok" othen,o:l._ how.oever. ell Wtt:NESS tfHERBf)p, the itaj.d Grantor. do het"eby Set th.a:l.r h.al1.d. and .eal. the day and. year Uret l\bov" wrltt.en. R81',A'I1!l OF PAUL Ii'. ORNilR .!I1t. ~ t-.tL-' ,6,'/'.;f. t-4 BY~ '{;Io. C. O<..""^ '"II lC..hn., CO~B><e=t:or BY'~ ~ a.E<,.." Ji l Kuhllll, eo.gxecutClr .", 180 .'" 230 '[ I 1".4 " CE~lii6it (B ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE JuJ.y 20, 2005 TO: Lue Ann Malcolm 364 Greenspring Road Newville, PA 17241 Danny N. Malcolm 364 Greenspring Road Newville, PA 17241 Lue Ann Malcolm PO Box 94 Newville, PA 17241 Danny N. Malcolm PO Box 94 Newville, PA 17241 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIlAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortllal!e on your home is in default and the lender intends to foreclosure. Soecific informalion aboul the nature of the default is orovided in Ihe attached oages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able 10 helo 10 save vour home. This Notice exolains how the oroe:ram works. To see ifHEMAP can helo. YOU musl MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take Ihis Noliee with YOU when YOU meel Ihe Counselinl! Al!encv. The name. address and ohone number of Consumer Credit Counseline: A2encies servin!! your County are lisled al the end of this Nolice. If YOU have any auestions. YOU may call Ihe Pennsylyania Housing Finance Agency loll free al 1-800-342-2397. (Persons with imoaired hearing can call (717) 780-1869). This Notice conlains importanl legal informalion. If you have any queslions, representatives al Ihe Consumer Credil Counseling Agency may be able 10 help explain it. You may also waul 10 contacl au attorney in your area. The local bar associalion may be able 10 help you fmd a lawyer. LA NOTlFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME (S): Lue Ann Malcolm and Danny N. Malcolm PROPERTY ADDRESS: 364 Greenspring Road, Newville, PA 17241 LOAN ACCT. NO.: 5839811 ORIGINAL LENDER: Cilieorp Trust Bank, fsb CURRENT LENDERlSERVICER: Citicorp Trust Bank, fsb HOMEOWNER'S 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 Acl, you are enlitIed 10 a lemporary slay of foreclosure on your mortgage for thirty three (33) days from the dale of this Nolice. During thaI lime you musl arrange and attend a face-Io-face meeling with one of Ihe consumer credil counseling agencies lisled al the end oflhis Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) 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-Ifvou meel wilh one oflhe consumer credil counseling agencies lisled al Ihe end of this notice Ihe lender mav NOT lake action againsl vou for thirtv Ihree (33) davs after Ihe dale of this meeting. The names. addresses and leleohone numbers of designaled consumer credil counseling agencies for Ihe countv in which the orooertv is localed are sel forth al Ihe end of this Nolice. It is only necessary 10 schedule one face-Io-face meeling. Advise your lender immedialelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for Ihe reasons sel forth laler in this Notice (see following pages for specific informalion aboul the nature of your default.) If you have tried and are unable 10 resolve Ihis problem with the lender, you have Ihe righl 10 apply for [maneial assislance from Ihe Homeowner's Emergency Mortgage Assislance Program. To do so, you musl fill oul, sign and file a compleled Homeowner's Emergency Assislance Program Applicalion with one oflhe designaled consumer credil counseling ageneies lisled al the end of this Notice. Only consumer credil counseling agencies have applications for the program and they will assisl you in submitting a complele applicalion 10 the Pennsylvania Housing Finance Agency. Your applicalion MUST be filed or postmarked wilhin thirty (30) days of your face-Io-face meeling. 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 APPLICA nON FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assislance are very limiled. They will be disbursed by Ihe Agency under the eligibility crileria eSlablished by Ihe Act. The Pennsylvania Housing Finance Agency has sixly (60) days 10 make a decision after il receives your application. During Ihal lime, no foreclosure proceedings will be pursued againsl you if you have mel the time requirements sel forth above. You will be notified directly by Ihe Pennsylvania Housing Finance Agency of ils decision on your applicalion. 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 on have filed bankru Ic ou can still a I for Emer enc Morl a e Assislance. HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ il uo 10 dale). NATURE OF THE DEF AUL T- The MORTGAGE debl held by Ihe above lender on your property localed at: 364 Greenspring Road, Newville, PA 17241 IS SERlOUSL Y IN DEFAULT because: A. YOU HA YE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounls are now pasl due: Slart/End: 05/10/05 through 06/10/05 al $1,028.20 per month, then $979.24 for 07/10/05. Monthly Paymenls Plus Lale Charges Accrued NSF: Inspeclions: BPO: Speed pay: Uncollecled credil insurance: Uncollecled lale charges: Taxes: LaIc fee income: Total amonnt 10 cure defaull $3,035.64 $30.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,065.64 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do nol use ifnol aoolicable): N/A HOW TO CURE THE DEFAULT -You may cure the defaull wilhin THIRTY THREE (33) DAYS of the dale ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,065.64, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERlOD. As of the dale ofthis letter, you owe the amounl specified above. Because of inlerest, lale charges, and other charges lhal may vary from day 10 day, the amounl due ou Ihe day Ihal you pay may be grealer. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which evenl we will inform you before deposiling Ihe check for collection. For further information, wrile Ihe undersigned or call (800) 422-1498. Pavrnenls musl be made either bv cash. cashier's check. certified check or monev order made oavable and senl 10 Cilicom Trusl Bank. fsb. 1111 Northooinl Drive. Coooell. TX 75019 Attenlion: Loss Miti~alion. You can cure any olher defaull by taking Ihe following aclion within THIRTY THREE (33) DAYS ofthe dale of this letter. (Do nol use ifnol aDDlicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do nol cure Ihe defaull within THIRTY THREE (33) DAYS of the dale of this Nolice, Ihe lender inlends 10 exercise ils ri~hls 10 accelerale the mort~a~e debt. The means lhal Ihe enlire oUlstanding balance of this debl will be considered due immedialely and you may lose the chance 10 pay Ihe mortgage in monlWy inslallments. If full paymenl of the lolal amounl pasl due is nol made wilhin THIRTY THREE (33) DAYS, Ihe lender also inlends 10 instrucl ils attorney 10 slart legal action to foreclosure UDon your morte:alle orooertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sherifflo payoff Ihe mortgage debt. If the lender refers your case 10 ils attorneys, bul you cure the delinquency before the lender begins legal proceedings againsl you, you will still be required 10 pay Ihe reasonable attorney's fees thaI were actually incurred, up 10 $50.00. However, iflegal proceedings are started againsl you, you will have 10 pay all reasonable attorney's fees actually incurred by the lender even ifthey exceed $50.00. Any attorney's fees will be added to the amount 10 the lender, which may also include other reasonable cosls. Ifvou cure Ihe defaull wilhin the THIRTY THREE (33) DAY period. vou will nolbe reauired to Dav attornev's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have nolcured the defaull within Ihe THIRTY THREE (33) DAY period and foreclosure proceedings have begun, vou still have Ihe righl 10 cure Ihe default and prevent Ihe sale al anv time up 10 one hour before the Sheriff's Sale. You mav do so bv paving Ihe lotal amounl Ihen pasl due. plus anv lale or other charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and any other cosls connecled with Ihe Sheriff's Sale as specified in wriling bv Ihe lender and bv performing anv other reauirements under the mortgage. Curing your default in the manner set forth in Ihis notice will reslore your mortgage 10 Ihe same posilion as if you had never defaulled. EARLIEST POSSffiLE SHERIFF'S SALE DATE.It is eslimaled thaI the earliesl dale thaI such a Sheriff's Sale of the mortgage property could be held would be approximalely SIX (6) MONTHS from the dale of Ihis Nolice. A nolice of the actual dale oflhe Sheriff's Sale will be sentto you before the sale. Of course, Ihe amounl needed 10 cure the default will increase the longer you wait. You may find oul al any time exaclly whal Ihe required paymenl or action will be by conlacling the lender. HOW TO CONTACT THE LENDER: Citicorp Trnsl Bank, fsb 1111 Norlhpoinl Drive Coppell, TX 75019 Attn: Loss Miligalion (800) 422-1498 EFFECT OF SHERIFF'S SALE-You should realize thaI a Sheriff's Sale will end your ownership of the mortgaged property and your righl 10 occupy it. If you conlinue to live in Ihe property after the Sheriff's Sale, a lawsuil 10 remove you and your furnishings and olher belongings could be slarted by the lender al any time. ASSUMPTION OF MORTGAGE-You may or_X_may not (CHECK ONE) sell or transfer your home 10 a buyer or transferee who will assume Ihe mortgage debl, provided thaI all the oulslanding paymenls, charge and attorney's fees and cost are paid prior to or al the sale and thaI the other requiremenls of Ihe mortgage are salisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACfION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED If this is the first nolice that you have received from this office, be advised Ihat: You may dispute the validily of Ihe debt or any portion thereof. If you do so in wriling wilhin Ihirty (30) days from the receipl of this letter, this firm will oblain and provide you wilh written verificalion Ihereof; otherwise Ihe debl will be assumed to be valid. Likewise if requested in wriling wilhin Ihirty (30) days from receipt of Ihis Ieller, Ihe firm will send you the name and address of Ihe original creditor if different from above. Very truly yours, Phelan Hallinan & Schmieg, LLP On Behalf of Citicorp Trusl Bank, fsb By: Francis S. Hallinan FF:jrnm Cc: Cilicorp Trusl Bank, fsb Attn: Loss Mitigalion Accouol No.: 5839811 Mailed by I" Class Mail and by Certified Mail No: 7005 1160000508283709/3716 70041350000362557512/7529 ,Jan-DS-ZDD6 11 :26a. fr... 1-447 P,DD7/D1D foIlS Pennsylvania Housing Finance Agency Homeowners' Emergency Mortgage Assistance Program County Counseling Agency List CUMBERLAND Adams County Interfaith Housing "uti 40 E. HIgh Street Gettysburg, PA 17325 (711) 334-1518 Loveship, Inc. 2320 Not1h 5th Slreel Harrisburg, PA 17110 (717) 232-2207 DAUPHIN CCCS ofWestElrn PA 2000 Unglestown ROllld Harrisburg. PA 17102 888-611-2227 PHFA 211 North Front Street HarrIsburg, PA 17110 8~42-23B7 DELAWARE Acorn Housing CorporatIon 846 North Broad Street Philadelphia, PA 19130 (215) 765-1221 American Financial Counseling Servl: 175 Strafford Avenue, Suite One Wayne, PA 190B7 800-490-3039 Carro!1 Park Community Council, Inc. 5218 ~a$ler Street Philadelphia, PA 19131 (215) 877.1157 January 2005 CCCS ofWest&m PA 2000 Llnglestown Road Harrisburg, PA 11102 888-511-2227 Meranatha , 43 Phllllldelphla Avenue Waynesboro, PA 17268 (717) 782..3295 Community Acllon Commission of Ca 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 American Credit Counseling Institute 175 Sllafforll Avenue Suite 1 Wayne, PA 19087 (610) 971-2210 American Red Cross of Chester 1129 Edgemorrt Avenue Chester, PA 19013 (810) 874-1484 CCCS of Delaware Valley 280 North Prollidence Road Media, PA 19063 (215) 563-5665 Page 8 at 21 Community Action CommllSlon of Ca 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 PH~A 211 North Front Stree! Harrisburg, PA 17110 800-342.2397 Leveshlp, Inc. 2320 North 6th Street Harrisburg, PA 17110 (717\232-2207 American Financial Counsenng SeM' 1 Abington PlIlZll, Suite 403 Old York Road and Township Line Jenkln\own, PA 19046 801).490..3039 APM 2147 NClCth Sixth Street Phlladelphla, PA 19122 (215) 235-6788 CCCS af Delaware vau.y 790 e. Merket St. SuIte 170, MalSha'l Builcli1'lll West Chester, PI'. 19382 (215) 583-6668 (?jft ~ ~ ~ <~ ~, r [', 1 ~:' 7 '-'\ :JIJU r'! '"f (...:... Cj,J DE ;\), v :^~." n , "'1,.'..:;,; ,i ..' _ . ............ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff TRAVELERS BANK & TRUST, FSB 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. CIVIL ACTION - LAW LUE ANN MALCOLM Danny N. Malcolm Mortgagor(s ACTION OF MORTGAGE FORECLOSURE 364 Greenspring Road Newville, PA 17241 Term No. 05-4930 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.c.P. 404 Joseph A. Goldbeck, Jr., Esquire, hereby certifies that a true and correct copy of the above-captioned Complaint in Mortgage Foreclosure was served upon Defendant Danny N. Malcolm by certified mail on October 12,2005. . . ,..,.. . Camplele Ilems 1, 2, and 3. Also complete Ilem 4 If Reslrlcted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach Ihis card 10 Ihe back of Ihe mall piece, or on the front If space permits. 1. Article Addressed to: o Agent D Addressee C. Date of Delivery 'D./sde! ryaddressdffferentfromitem1? Dyes If YES. enter delivery address below: D No CITX-0908 MMC!l MALCOLM, DANNY N. P.O. Box 177 Spring Gap. MD 21560-0177 3. Service Type 1;1 Certified Mall 0 Express Mail ~ Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D, 4. Restricted Dallvel)'? (Extra Fee) 0 Yes 2. Article Number (Tran_ from service label) PS Form 3811, February 2004 1111111 ~11111111Ifi mlllllll~ll~ 1II111ID1I~m11WIIIW Im111911~1111Ifi1l1 ~I · 78858398888288426785 Domestic Return Receipt 102595-02-M-1540 '"il :~j --------- GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldheck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Strcel Philadelphia, I' A 19106 215-627-1322 Atlomey for Plaintitl TRAVELERS BANK & TRUST, rSB I I II Northpoint Drive Building 4, Suite lOO Coppell, IX 750 I 9 IN THE COURT OF COMMON PLEAS of Cumberland C minty Plaintiff vs. CIVIL ACTION LAW LUE ANN MALCOLM Danny N. Malcolm (Morlgagor(s) and Record owner(s)) 364 Greenspring Road Newville, P A 17241 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 05-4930 ORDER FOR JUDGMENT Please enter Judgment in favor of TRAVELERS BANK & TRUST, FSB, and against LUE ANN MALCOLM and Danny N. Malcolm for failure 10 file an Answer in Ihe above aclion wilhin (20) days (or sixly (60) days if defendant is the Uniled States of America) trom the date of service of the Complaint, in the sum of $132,91 \.20. I hereby certify thaI the above names are correct an th9t the precise residence address of the judgment creditor is TRAVELERS BANK & TRUST, FSB I III Northp~int Drive Building 4, Suile 100 Coppell, TX 75019 and thaI the name(s) and last known address(es) of the Defendant(s) is/are LUE ANN MALCOLM, 364 Greenspring Road Newville, P ^ 17241 and Danny N. Malcolm, P.O. Box 177 Spring Gap, MD 21560-0 I 77; GOLD , K McCAFFERTY & McKEEVER BY: 0 eph A. Goldbeck, Jr. At rn y for Plaintiff " ASSESSMENT OF DAMAGES TO TilE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $117,77X.16 Interest trom 04/1 0/2005 through 01/12/2006 $7,85X49 Reasonable Attorney's Fec $5,8XX,91 Late Charges $440.64 Costs of Suit and Title Search $900,00 Corporate Advance $45.00 $132,911.20 ,~' AND NOW, this day of .2006 damages are assessed as above, Pro Pro thy 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-Mili tary Service are true and correct to the knowledge, information and belief. I understand best of my 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, LlJE ANN MALCOLM, is about unknown years of age, that Defendant's last known residence lS 364 Greenspring Road, Newville, PA 17241, and lS engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the lJnited States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civ L1 Relief Action of Congress of 1940 and its Amendments. Date: II' "Ii I. '1 :J QI T'f l., ., I 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, Danny N. Malcolm, is about unknown years of age, that Defendant's last known residence LS P.O. Box 177, Spring Gap, MD 21560-0177, and lS 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: \ . "1' !"\ \ ,,"" C 'ii: E --- In the Court of Common Pleas of Cumberland County I'RA VFLERS BANK & TRUST. fSI3 I111 Northpoint Drive Building 4, Suite 100 CoppelL TX 75019 Plaintiff VS. LUL ANN MALCOLM Danny N. Malcolm (Mortgagor(s) and Record Owncr(s)) 364 Greenspring Road Newville. P A 17241 No. 05-4930 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. Fnter the Judgment in favor of PlaintitT and against LUE ANN MALCOLM and Danny N. Malcolm by default lor \\'ant of an Answer. Assess damages as 1'0110\\'8: Debt $132,911.20 Interest- 04110/2005 to 01/12/2006 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 tile this praecipe \vas lTInilcd or delivered to the party against whom judgment is to be entered and to his attomey of record, if any, after the default occurred and at 1,~ast ten days prior to the date oflhe l11ing of this praecipe. A copy of the notice is attached. R.C.P. 237.] ~. "----- oldbeck. Jr. 'or Plaintitl 2 1D. AND NOW . Judgment is entered in 1'a".or of TRA VEI.ERS BANK & TRUST, ESB and against LUE ANN MALCOLM and Danny N. Malcolm by deLlult lor want or an Answer and damages assessed in the sum of $132,911.20 as per the above certification. Prothonotary Rule of Civil Procedure No. 236 Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IRA VELERS BANK & TRUST, FSB III I Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintifr No. 05-4930 YS. LUE ANN MALCOLM Danny N. Malcolm (Morlgagors and Record Owner(s)) 364 Grcenspring Road Ncv.'Ville. P A 17241 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 TIlE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Pro\honota By: If you have any questions concerning the above, please contac!: Joseph A. Goldbeck, Jr. Goldbeck McCaffcrty & McKeever Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 CITX-0908 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 01<' COLLECTING THE DEBT. DATE OF THIS NOTICE: December 29, 2005 TO: LtlE ANN MALCOLM 364 Greenspring Road Newville, P A 17241 'IRA VELERS BANK & TRUST, FSB 1111 Norlhpomt Drive Building 4, Suile 100 Coppell, TX 75019 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE LUE ANN MALCOLM Danny N. Malcolm (Mortgagor(s) and Record Owner(s)) 364 Greenspring Road Newville, PA 17241 Term No. 05-4930 Defendant(s) TO: LUE ANN MALCOLM 364 Greenspring Road Newville, P A 17241 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTIl AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIlER IMPORTANT RIGHTS. YOtl 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 ABOtlT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A lAWYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A \7013 7] 7-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 170lJ G C cCAFFERTl EEVER 13' seph A Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000- Mellon Independence Center 701 Market Sh.c~t Philadelphia, PA 19106 215-627-1322 ,\ 11,:\ , "..' '.,1 01 \.-" CITX-0908 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: December 29, 2005 TO: Danny N. Malcolm P.O. Box 177 Spring Gap, MD 21560-0177 TRA VELERS BANK & TRUST, FSB I! II Nortl1Point Drive Building 4, Suite 100 Coppell, TX 75019 In the Court of Common Picas of Cumberland County CIVIL ACTION - LA W PlainlljJ ACTION OF MORTGAGE FORECLOSURE " LUE ANN MALCOLM Danny N. Malcolm (Mortgagor(s) nnd Record Owner(s)) 364 Greenspring Road Nev.'ville, PA 1724] Term No. 05-4930 Defemlant{s) TO, Danny N. Malcolm P.O. 80x 177 Spring Gap, MD 2]560-0177 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRlTIEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING 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 RlGHTS. 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 THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC SlrvineRow Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCV\ TrON 2 Lihelty Avenue Carlis\e,I'A 170\3 ~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Goldbeck, Jr., Esq. Attomey for Plaintiff Suite 5000 - Menon Independence Center 70\ Market Street Philadelphia,PA 19106 215-627~1322 { 1. r:.' ~ <:::-'-~ ~,) - O-'q " '0 " - ( ') ~ C,^> c.. :',~1 ~ i , ? W C) ~ ., -<:. "" (;- {"-'"', -c. -D C- o . (::) ..;, \.J -..I> 0.-, " .\ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3\83 Joseph A. Goldbeck, Jr. Attorney 1.0.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attomey for Plaintiff 'IRA VELLRS BANK & TRUST, FSB I111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County VS. CIVIL ACTION - LAW LUE ANN MALCOLM Danny N. Malcolm Morlgagor(s) and Record Owner(s) 364 Greenspring Road Newville, P A 17241 ACTION OF MORTGAGE FORECLOSURE No. 05-4930 Delendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $132.911.20 interest from 04/1 0/2005 to 01/12/2006 at 8.6712%, (Costs to be added) Mc('AFFERTY & McKEEVER . Goldbeck, Jr. laintill' r ~ ~ , ."~'. ~-1I :Iv F ::-J -<. , '- <-- .,.-. ~ .c. 'V C' -<: " ,~ (;::. ~ , S ;, =~J .< II lU LA., ~ '^' .~ c !W -:J ~ ~\ -0 f:1 'g ~ ~ C' 2 ~~ () . ~ WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AND Rule 3257 TRA VELERS BANK & TRUST. FSB ] ] 11 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 In the Court of Common Pleas of Cumberland County vs. LUE ANN MALCOLM Danny N. Malcolm 364 Greenspring Road Newville, PA 17241 No. 05-4930 WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Commonwealth of Pennsylvania: Counly of Cumberland To the Sheriff of Cumberland County,_Pennsylvania To satisfy the judgment, interest and eosls in the above matler you are directed to levy upon and sell Ihe f(11lowing described property: PREMISES: 364 Greenspring Road Newville, PA 17241 See Exhibit "A.' attached AMOUNT DUE $ \32.9 \ 1.20 Interest From 04/1 Oi2005 Through 01/12/2006 (Costs to be added) Dated: Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy if> co <{ cD 'if' ,J "" c- ,.: ;L if> 0 2 ".% c t5 I- ,r', '<I C' ,L. Eo '1 ...) ,j. ,n "" 'z. :;;- ~ c 0 <{ I- ';L co i if> :) et- 0 'oj ,J v ,oj cD 7 :!: 4, \-" oi. Z: I- '" n' r <{ c- -0 c ~ e ~ ~E :-;: ..-l Q ;,> O..;!.-;:;3 '::l~ ~2 """",c, '?fI"" :; j. ~ :5 7 'S,~cl i c /. !:)i) d.13 .g u..l 9- .~ 5 ~ o ." .0 ,c, C' 7. '\)~, o~- ~ ~:.A ?.::s v ~ :w ~ y, w.- e" v I,..;..-. td'J O ~ '" 1-" ~~ ~~ c n' \\\\ ;,/tifliflifl " ~c: ~ o \-" - r\..l-I-\-""'~ ::r:W-?o- t: I- '2 t-' r;;t..~ 9' ," 0 u.l ~ ~.':!. 1-,..t:::9cr:::\-""'~'O COl-.,(~\flifj;:J';; u.l r./'J c.-. P '- v ow cfl if! C ~ ..-l ct., \:-' I- 'c, . 4'; u..; ifl './I ,- ':,II) . \..l.lt"o o't:s;":;'~ ct. &. u '-..) o..-......;;JJ ..-,'~ -'6'~ ~'3 ~"" 8 .~ -i S' , - .-C~ v" 9.,~ 2 ~ c ~ '.J "'U '" ., ';t. ';:! ~ <.J::j - ~~;)C:N ~ 'i~ -- ~ ~,..g~ <( ~ I- C ':J c.-. t- .<loI- ~";N ~~'8'j;~ u::::::2.f::'f\ rJV v- ~?o~~ ; \ r- ~ ~ S2 -s:. ~~ "tl'Pr, ~ v ~'3 if' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N005-4930 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To salisfy Ihe debt, interest and cosls due Travelers Bank & Trusl FSB 1111 Norlhpoinl Drive, Building 4, Suile 100, Coppell, TX 75019 Plainliff (s) From Lue Ann Malcolm Danny N Malcolm 364 Greenspring Road, Newville, Pa.I7241 (1) You are directed to levy upon Ihe property oflhe defendanl (s)and 10 sell see legal descriplion attached. (2) You are also direcled 10 attach Ihe property oflhe defendant(s) nol levied upon in Ihe possession of GARNISHEE(S) as follows: and 10 nolify the garnishee(s) Iha\: (a) an attachmenl has been issued; (b) Ihe garnishee(s) is enjoined from paying any debt to or for Ihe accounl of the defendant (s) and from delivering any property of Ihe defendant (s) or olherwise disposing Ihereof; (3) If property of Ihe defendant( s) not levied upon an subject 10 attachmenl is found in Ihe possession of anyone olher than a named garnishee, you are direcled 10 nolify him/her thaI he/she has been added as a garnishee and is enjoined as above stated. Amount Due$132,9I1.20 Inlerest from 4/10/05 10 01112/06 al 8.6712% L.L.$0.50 Atty's Comm Atty Paid $140.60 PlainliffPaid Dale: January 18, 2006 % Due Prothy $1.00 Olher Cosls ..~ (Seal) By: Depuly REQUESTING PARTY: Name -Joseph A. Goldbeck, Jr. Esq. Address: 701 Markel Slreel sle 5000 Philadelphia, Pa. 19106 Atlorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 16132 Joseph A. Goldbeck, Jr. Attomey l.D. # 16132 Suite 5000 - Mellon Independence Center 701 Markel Slreel Philadelphia, pA 19106 215-627-1322 Attorney f()r Plaintiff TRA VEl.ERS BANK & TRUST, rSB 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 PlaintifJ IN THE COURT OF COMMON PLEAS Ys. LUE ANN MALCOLM Danny N. Malcolm Mortgagor(s) and Record Owner(s) 364 Greenspring Road Newville, pA 17241 of Cumberland County CIVIL ACTION - LAW ACTION or MORTGAGE FORECLOSURE Defendanl(S) NO. 05-4930 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby celiify that I am Ihe attorney of record for the Plaintiff in this actiou, aud 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. A--- o dbeek, Jr. for plaintiff SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 364 Greenspr ing Road Newville, PA 17241 SOLD as the property of LUE ANN MALCOLM and Danny N. Malcolm TAX PARCEL #30-08-0593-058 ... Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suitc 5000 - Mellon Independence Cenler 70 I Markel Streel Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff TRAVELERS BANK & TRUST, FSB 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 IN THE COURT OF COMMON PLEAS of Cumberland Connly Plaintiff YS. CIVIL ACTION - LAW LUE ANN MALCOLM Danny N. Malcolm (Mortgagor(s) and Record Owner(s)) 364 Greenspring Road Newville, PA 17241 ACTION OF MORTGAGE FORECLOSURE Defendanl( s) No. 05-4930 AFFIDAVIT PURSUANT TO RULE 3129 TRAVELERS BANK & TRUST, FSB, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr.. Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 364 Grecnspring Road Newville, PA 17241 I.Name and address ofOwner(s} or Reputed Owner(s}: LUE ANN MALCOLM 364 Greenspring Road Newville, P A 17241 Danny N. Malcolm P.O. Box 177 Spring Gap, MD 21560-0177 2. Name and address of Oetendant(s) in the judgment: LUE ANN MALCOLM 364 Greenspring Road Newville. P A 17241 Danny N. Malcolm P.O. Box 177 Spring Gap, MD 21560-0177 3. Name and last knO\vn address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELA nONS OF CUMBFRLAND COUNTY PO Box 320 '" - Carlisle, I' A 17013 I' A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, I' A 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: AMERICAN GENERAL FINANCIAL SERVICES INC. 6 S. HANOVER STREET CARLISLE, PA 17013-0417 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 kno\vledge \\/ho 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 364 Greencastle Road Newville, P A 17241 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit arc 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: January 25.2006 FFERTY & McKEEVER . Goldbeck, Jr., Fsq. laintill ~ ~ '::\ - ~ ~ ~ ':. -- ~ ');:. ~ "'\I. cs , . .. 05-4930 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck. Jf. Attomey 1.0.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627 -1322 Attomey for Plaintiff TRA VELERS BANK & TRUST, FSB 1111 Northpoinl Drive Building 4, Suite 100 Coppell. TX 75019 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. LUE ANN MALCOLM Danny N. Malcolm Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 364 Greenspring Road Newville, PA 17241 Tenn No. 05-4930 Defcndanl( s THIS LAW F[RM [S A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A [)EBT. THIS NOTICE [S SENT TO YOU [N AN ATTEMPT TO COLLECT A DEBT. ANY [NFORMATlON OBTA[NED FROM YOU W[LL BE USED FOR THAT PURPOSE, NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MALCOLM. LUE ANN LUE ANN MALCOLM 364 Greenspring Road Newville, PA 17241 Your house at 364 Greenspring Road. Newville, P A l7241 is scheduled to be sold at Sheriffs Sale on Wednesday, June 07, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd fL Courthouse to enforce the court judgment 01'$132,911.20 obtained by TRA VELERS BANK & TRUST, FSB against you. NOTICE OF OW'OER'S R[GHTS YOl! :VIA Y BE ABLE TO PREVENT TH[S SHER[FF'S SALE ro prevent this Sheriffs Sale you must take immediate action: I. The sale will be cancelled if you pay to TRA VI:LERS BANK & TRUST, FSB, the back payments, late charges, costs and reasonable attorne{__ fees due. To find out ho\\' much you must pay call: 215-627-1322 1 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. r, .... 05-4930 3. Yau 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 l' AKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highesl bidder. You may tind out the price bid price by calling the Sheriff 01'717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grm;sly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To lind out if this has happened, you may call the Sheriff 01'717-240-6390. 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 Sherifr gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. o. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be tiled by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule wilJ state who wilJ be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) arc 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 LA WYER AT ONCE IF YOU DO NOT HA VE A LA WYER OR CANNOT AFFORD ONE. GO TO OR TElEPHONE TIlE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. l.EGAL SERVICES INC R Irvine Row Carlisle, P A 170 \3 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle. pA 17013 r.' ,~' " --, , - , c~ C7) ",,:- 05-4930 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A, Goldbeck, Jr. Attorney 1,0.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plainti!f TRAVELERS BANK & TRUST, FSB 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 IN TilE COURT OF COMMON PLEAS of Cumberland Counly Plaintiff CIVIL ACTION - LAW vs, LUE ANN MALCOLM Danny N, Malcolm Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 364 Greenspring Road Newville, PA 17241 Term No, 05-4930 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: MAI.COLM. DA\NY N. Danny N. Malcolm P,O, Box 177 Spring Gap. MD 21560-0 t 77 Your house at 364 Greenspring Road, Newville, P A 17241 is scheduled to be sold at Sheritlls Sale on Wednesday. June 07, 2006, at 10:00 AM, in Conunissioners Hearing Rm 2nd fL Courthouse to enforce the courtjudgmcot of$t32,911.20 obtained by TRAVELERS BANK & TRUST, FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sherit1\ Sale you must t<Jke i!111nediatc action: 1. The sale will be cancelled if you pay to TRA VELERS BANK & TRUST. FSB, the back payments, late charges, costs and reasonable attorney's fees due. T (} find out h()\\' mllch you must pay call: 215-627-1322 2. You may be able to stop the sate by filing a petition asking the Court to strike or open judgment if the judgment vms improperly entered. You may also ask the Court to po..,tpone the sale for good cause. I .. . r 05-4930 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 onc, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the SherifTs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price hid price by calling the Sheriff 01'717-240-6390. 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 of 717-240-6390. 4. Tfthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the 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 \vhy the proposed distribution is wrong) are tiled with tbe Sberitfwithin ten (10) days aticr the schedule of distribution is tiled. 7. You may also have other rights and defenses, or \vays 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 OFrICE LISTED BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC g Irvine RO\v Carlisle. I' A 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty ^ venue Carlisle. P A 17013 (. -~ C. ~ c~ " SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelIing. BEING PREMISES: 364 Greenspring Road Newville, PA 17241 SOLD as the property ofLUE ANN MALCOLM and Danny N. Malcolm TAX PARCEL #30-08-0593-058 (-- (" _.--~--- IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: LVE ANN MALCOLM Dcblor(s) CHAPTER 7 TRAVELERS BANK & TR1IST, FSB Moving Party \IS. NO.I-OS-bk-09178-MDF LVE ANN MALCOLVI Dcblor(s) MARKL\N R. SLOBODIAN Trustee 11 V.S.c. 1 I V.S.c. Scclions 362 and 1301 ORDER Upon consideration of the failure of Debtor(s) and the Trustee to file and Answer or otherwise plead, it is ORDERED AND DECREED that: The Automatic Stay of all proceedings. as provided under II use. Sections 362 and 1301 of the Bankruptcy Reform Aet of 1978 (The Code) II U.S.c. II lJ.S.c. Sections 3(,2 and 1.101 (if applicable), arc modified to allow TRAVELERS BANK & TRUST, FSI3 and its successor in title to proceed with the execution process through, among other remedies but not limited to Sheriff's Sale regarding the premises 364 Greenspring Road Newville, PA 17241 and a possessory action if necessary. By thl' Conrl. ~I' . f . d .. . ...,. tf . . .1 ['lIS eleCl,rCini,,--' or er is ,:ng,nec1 and .luta on ?e sO.me date. Dated: December 2, 2005 f'_.__ co:' Co" -- UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Lue Ann Malcolm Case No.: 1-05-bk-09178 Debtor(s) Chapter 7 CERTIFICATE OF MAILING The undersigned deputy clerk hereby certifies that a true and correct copy of the attached document was served on the following by placing a copy of same in first class U.S. mail today, postage prepaid, addressed as follows: John J Mangan Esquire 35 East High Street, Suite 204 Carlisle, PA 17013 Date: December 2, 2005 -~_I1t~ N Petrina, Deputy Clerk (, -' :.:~J c USBe PAM - LIVE - V2.7 - Docket Report Page I of3 , CREDS, PreACT U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1 :05-bk-09178-MDF Assigned to: Mary 0 France Chapter 7 Voluntary No asset Dale Filed: 10/1 4/2005 Lue Ann Malcolm 364 Green Spring Road Newville, PA 17241 SSN: xxx-xx-8320 Debtor Markian R Slobodian (Trustee) 801 North Second Street Harrisburg, P A 17\ 02 717 232-5180 Trustee represented by John J Mangan 35 East High Street, Suite 204 Carlisle, P A 17013 71724 I -2446 United States Trustee PO Box 969 Harrisburg, P A 171 08 (717) 221-4515 Asst. U.S. Trustee Filing Date # Docket Text 10/14/2005 I Chapter 7 Voluntary Petition. Filing fee due in the amount of$ 209.00 Filed by John J Mangan on behalf of Lue Ann Malcolm. (DB) (Entered: 10/14/2(05) 10/1 4/2005 2 Matrix tIled/Creditor List Uploaded Filed by John J Mangan on behalf ofLue Ann Malcolm (RE: related doeument(s) I ). (DB) (Entered: 10/14/2(05) 10/14/2005 Receipt of Voluntary Petition Filing Fee. Chapter 7 - $209.00 Receipt Number: 00622014. (By CReg by DO) (RE: related document I) (Entered: 10/1 7/20(5) 11/02/2005 Trustee Markian R Slobodian (Trustee) added to case.. (There is no image or paper document associated with this entry.) Filed by United States Trustee. (united states trustee(sp),) (Entered: ll!O2/20(5) https://ecfpamb.uscourts.gov/cgi-bin/DktRpt.pl?61 045530211 0 192-L 82 0-1 1 !l2/2006 USBC PAM - LIVE - V2.7 - Docket Rcport . Page 2 of3 11/03/2005 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. . 1/24/2006 at 01 :00 PM. (AG) (Entered: ] 1I0312(05) I ] /08/2005 3 Motion for Relieffrom Stay. Filing fee due in the amount of $ 150.00 Filed by Leslie E Puida of Goldbeck McCat1erty and McKeever on behalf of Travelers Bank & Trust FSB. (Attachments: # I Proposed Order # 2 Certificate of Noneoncurrence) (Puida, Leslie) (Entered: 11/08/2(05) 11/09/2005 4 Order (RE: related document(s)3 ). Fce due on: ] ]/16/2005. Answers are due on: 11124/2005. Hearing scheduled for 12/7/2005 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Bui]ding, Harrisburg, PA. (NP) (Entered: 11/09/2(05) 11/10/2005 Receipt of Motion for Relief From Stay(l :05-bk-09178-MDF) [motion,mrlfsty) (150.00) filing fee. Receipt number 13816]3, amount $ 150.00. (U.S. Treasury) (Entered: 11/10/2(05) 11/17/2005 5 Certificate of Service Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on bchalf of Travelcrs Bank & Trust FSB (RE: related document(s)3, 4 ). (Puida, Leslie) (Entered: Ill] 7/2(05) 12/02/2005 (, Order Granting Motion fi.Jr Relieffrom Stay (RE: related document(s) 3 ). (Attachmcnts: # I Certificate of Service) (NP) (Entered: 12/02/2(05) 12/14/2005 7 Request to BNC - Meeting of Creditors .341 (a) meeting to be held on 1/24/2006 at 04:00 PM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th FI, 228 Walnut St, Harrisburg, P A. Last day to oppose discharge or dischargcability is 3/25/2006. (RCP) (Entered: 12/14/2(05) 12/16/2005 f( BNC Certificate of Mailing of 341 Meeting Notice (Chapter 7) (RE: related document(s)7). Service Date 12/1612005. (Admin.) (Entered: 121l7/2(05) I PACER Servil~e Center I I Transaction Receipt I I 0J/12/200o 09:)7:15 I PACER .now II~lielll Login: )_\- Code: I I II II II I https://ecfpamb.uscourts.gov/cgi-bin/DktRpt.pi"61 045530211 0 192-L 82 0-1 1/12/2006 USBe PAM - LIVE - V2.7 - Docket Report .. I :05-bk-1J9178-MDF Fil or Fnt: Description: Docket Search FiJ Doc From: 0 Doc To: Report Criteria: 99999999 Teml: y Links: n Format: HTMLfmt Billable D81008 I Pages: https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl')61 045530211 0192-L 82 0-1 Page 3 of3 1/12/2006 . , ";-j .~ ;,; ~.I Gl ., GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0.#16132 Suile 5000 - Mellon Independence Center 70 I Markel Streel Philadelphia, PA 19106-1532 215-627-1322 Attorne for Plaintiff TRAVELERS BANK & TRUST, FSB IIII Northpoint Drive Building 4, Suile 100 Coppell, TX 75019 CIrx -0908 CF: 09/21/2005 SD: 06/07/2006 $132,911.20 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE LUE ANN MALCOLM DannyN. Malcolm Mortgagor(s) and Record Owner(s) Term No. 05-4930 364 Greenspring Road Newville, PA 17241 Defendanl( 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: J:e.r ~JN@ ~ (,(;l Personal Service by the Sheriff's Office! llII\!.tBltt><tltl..ll (~vt'J vf .vl~u dllh,~l.vj). ( ) 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 Oefendant(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 Sheriffs Officelallflljut....l ..dwlt (_ll"~ IIf. !!tll'll a_.klll) lb- ~lt@ ~ ( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). J ~ 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 to the penalties provided by 18 P.S. Section 4904. BY Jose A. Gol beck, r. Att rney or Plaintiff C ...II lr :r ...II OFFICI m 00 c -' ru c CeI1IfledFee Yes c c -.._Foe (Endo_RoquIl8d) C . lr RII8trIcted DelIvery Fee m __RoqUlrod) c $ 1bIoI_a..... lJ1 C C I"- lIiiii(WNJ'---.t.j.....l:'lALC-OL~._......_......._---------_.._-_... MFa_No.' 364 GREENSPRING ROAD cny;-s;;;e;Zif'i.4......m:wvrn'E";....P7\..T77.4T...._........ . ...II m <0 c ru c c c -' CeI1ltIedFoe Yes ...... - Foe O:;IIdoItenlt.4 RequIrwd) :f _Oo!lY8IYFee (Endcnement ReqUIred) m c __a_$ lJ1 C C I"- . MALCOLM. 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'Q3.!1tll' ------- ~i~a\i ~\ ~"-O l\ \ \ ~..t- ~ l!\\ ~ \ ~ ! \l\i ~ .J",i 1 0000 B <g ~\ \ 1 ~~ s i ow ,.. <1l ... o 'ii 'in::> 4- 1. ~ \ 00 a. l \~\\i ~\g~ ~ 00000 ~8u.i~ ! ~~'U;o ~~ \ t w \ ~ ,&f I "0 ~. " enS t\ '"'~ 'ggl~a ..tll5\~%'"': \ ..0\11 '8 " ,-- N ....\..1.........\//\ , (--:-~~ -=-J ..,.; , . ~ ---_.~ --- ~ ---- \ ----- l t Ii: a \ 1 i "f. 1 ~~ \ \ < .ri cO \'-: ~ c:..:J i ... ~ '0 e>. \ ~ ~ o ~ \ \ ,l!\ \. , % o " ~ ~ ! ~ E \ %. t' ~ 01 . . 1 , cO n ~ "l ... r ~ l\ \ ~. ri i i u. ~\ ~ ~ h ~~ l\ ~ B GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0.#16132 Suite 5000 - Mellon lndependence Center 701 Markel Streel Philadelphia, PA 19106 215-825-6320 Attorney for Plainliff TRAVELERS BANK & TRUST, FSB 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CNIL ACTION - LAW vs. WE ANN MALCOLM Danny N. Malcolm Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE Tenn No. 05-4930 364 Greenspring Road Newville, P A 17241 Defendant( s) AFFIDAVIT PURSUANT TO RULE 3129 TRAVELERS BANK & TRUST, FSB, Plaintiff in the above aClion, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the dale the praecipe for the writ of execution was filed the following information concerning the real property localed at: 364 Greenspring Road Newville, PA 17241 I.Name and address ofOwner(s) or Reputed Owner(s); LUE ANN MALCOLM 364 Greenspring Road Newville, PA 17241 Danny N. Malcolm P.O. Box 177 Spring Gap, MD 21560-0177 2. Name and address of Defendanl(s) in the judgment: LUE ANN MALCOLM 364 Greenspring Road Newville, PA 17241 Danny N. Malcolm P.O. Box 177 Spring Gap, MD 21560-0177 . . , 3. Name and lasl known address of every judgment creditor whose judgmenl is a record lien on the property 10 be sold: JAMES C. COSTOPOULUS 10 COURTHOUSE A VB. STE. 103 CARLISLE, PA 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcemenl Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 4. Name and address of the lasl recorded holder of every mortgage of record: AMERICAN GENERAL FINANCIAL SERVICES INC. 6S.HANOVERSTREET CARLISLE, PA 17013-0417 5. Name and address of every other person who has any record interest in or record lien on the property and whose inleresl may be affecled by the sale: 6. Name and address of every other person of whom the pIainliffhas knowledge who has any record interesl 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 inleresl in the property which may be affecled by the sale. TENANTSIOCCUP ANTS 364 Greencastle Road Newville, PA 17241 (attach separale sheel if more space is needed) I verify thaI the statements made in this affidavit are true and correcl 10 the besl of my personal knowledge or information and belief. I understand that false statemenls herein are made subject 10 the penalties of 18 Pa. e.S. Seclion 4904 relaling to unsworn falsification to authorities. DATED; May 11,2006 . . (") r-> = >;;: c = :i?" 0"' -ate ::It ~~ ITlu; ;po .,;~ -< '. -orn C/) CXl ~J'6 -. ":~i ~ roO: r "..;,~: '" -0 j-:-r:, tj2..! ~'~~i ::It :,,~O '>i' 0'" ~ .""t cJ1 ~ \D 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 Jefferson Consumer Credit LLC is the grantee the same having been sold to said grantee on the 7th day of June A.D., 2006, under and by virtue of a writ Execution issued on the 18th day of Ian, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 4930, at the suit of Travelers Bank & Tr FSB against Lue Ann Malcolm & Danny N is duly recorded in Deed Book No. 275, Page 3606. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this )[1 day of ~ ( i v >0-' ,~,. . . r' A.D. ,.rc.-'- ") v '- ,j 'vY)Cl,~Y\ IS ~e"-{:- (.i...~d:" 'J I Recorder 0 f ~eds RICOIdIr of Deeda, Cumbetland ~ CIIIIIa. PA M,a."~1 &pill.. FiII........at-.8IO ,I Travelers Bank & Trust, FSB VS Lue Ann Malcolm & Danny N. Malcolm The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4930 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 07,2006 at 9:50 o'clock AM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Lue Ann Malcolm, by making known unto Danny Helle, adult son ofLue Ann Malcolm, at 364 Greenspring Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 05;2006 at 4:33 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 ofLue Ann Malcolm and Danny N. Malcolm located at 364 Greenspring Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Lue Ann Malcolm by regular mail to her last known address of 364 Greenspring Road, Newville, P A 17241. This letter was mailed under the date of April 03,2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 07, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $93,500.00 to Kim McDevitt for Jefferson Consumer Credit, LLC. It being the highest bid and best price received for the same, Jefferson Consumer Credit, LLC of 4 State Road #520, Media, P A 19063, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of$97,889.20. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy $30.00 1,870.00 45.00 45.00 30.00 10.00 ,50 1.00 22.88 7.73 45,00 Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 50.00 563,00 450.80 19.57 25.00 39,50 $3,254.98 , So Answers: , r~~~ R. Thomas Kline, Sheriff BY dc,d~q ~ Real Estate Sergeant .~ )-- I " 1j21/~' .J ~ ).. UD /0' ( ,'6 i' 11 . /' \../ " ut. j . J J if) 'olj~ VLlV , j Goldbeck McCafferty & McKeever BY: Joseph A Goldbeck, Jr. Attorney 1.0. if 16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia. PA 19106 215-627-1322 Attorney for Plaintiff TRAVELERS BANK & TRUST, FSB 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 IN TIlE COURT OF COMMON PLEAS of Cumberland County Plaintifl' vs. CIVIL ACTION - LAW LUE ANN MALCOLM Danny N. Malcolm (Mortgagor(s) and Record Owner(s)) 364 Grcenspring Road Newville, P A 17241 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 05-4930 AF'FIDA VIT PURSUANT TO RULE 3129 TRAVELERS BANK & TRUST, FSB, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe tor the writ of execution was filed the following information concerning the real property located at: 364 Grecnspring Road Newville, P A 17241 I.Name and address of Owner(s) or Reputed Owner(s): LUE ANN MALCOLM 364 Greenspring Road Newville, P A 17241 Danny N. Malcolm P.O. Box 177 Spring Gap, MD 21560-0177 2. Name and address of Defendant(s) in the judgment: LUF ANN MALCOLM 364 Greenspring Road New"Ville. P A 17241 Danny N. Malcolm P.O. Box 177 Spring Gap, MD 21560-0177 3. Name and last knovm address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS 01 CU1\lBERLAND COUNTY PO Box 320 " Carlisle, PA 17013 P A OFP ARTMENT Of PUBLIC WELF ARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 171 05-2675 4. Name and address of the last recorded holder of every mortgage of record: AMERICAN GENERAL FINANCIAL SERVICES INC. 6 S. HANOVER STREET CARLISLE PAl 7013-0417 5. Name and address of every other person who has any record interest in or record lien on the property and \vhose 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. TEN ANTS/OCCUPANTS 364 Grecncastle Road Newville. P A 17241 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /'-'-." ; j:. DATED: Janugry 12. 2006 i>>":'t., . GOLlJBECK McCAFFERTY & McKEEVER~n_~- BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff 05-4930 GOLDBECK lVlcCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite :5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-6:27-1322 Attomey for Plaintiff TRAVELERS BANK & TRUST, FSB 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW YS. LUE ANN MALCOLM Danny N. Malcolm Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 364 Greenspring Road Newville, P A 17241 Term No. 05-4930 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: MALCOLM, LUE ANN LUE ANN MALCOLM 364 Greenspring Road Newville, P A 17241 Your house at 364 Greenspring Road, Newville, P A 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, June 07, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$132,911.20 obtained by TRAVELERS BANK & TRUST, FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to TRAVELERS BANK & TRUST, FSB, 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. 05-4930 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff 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 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 LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty A yenue Carlisle, P A 17013 ; 05-4930 GOLDBECK J\1cCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey 1.D.#\6132 Suite 5000 - Mellon Independence Center 70 I Market Street Philade Iphia, P A 19106-1532 215-627- 1322 Attomey for Plaintiff TRAVELERS BANK & TRUST, FSB 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 IN THE COURT or COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - I ,A W VS. LUE ANN MALCOLM Danny N. Malcolm Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 364 Grccnspring Road Newville, PA 17241 Tenn No. 05-4930 Defendant( s THIS LAW FIRM IS A DEBT COI~LECTOR AND \VE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROlVI YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DANNY N. MALCOLM DANNY N MALCOM 364 GREENSPRING ROAD ~EWVILLF, P A 17241 Your house at 364 Greenspring Road, Newville, P A 17241 is scheduled to he sold at Sheriffs Sale on Wednesday, June 07,2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $132,911.20 obtained by "I'M VELERS BANK & TRUST, FSB against you. NOTICE OF OWNER'S RIGHTS YOU 1\1 A Y BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sherit11s Sale you must take immediate action: 1. The sale will be cancelled if you pay to TRA VELFRS BANK & TRUST, FSB. the back payments, late charges, costs and reasonable attomcy's fees due. To find out how much you must pay call: 215-027-1322 I 05-4930 2. You may be able to stop the sale by tiling 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 attomey 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 attomey). YOll MAY STILL BE ABLE TO SAVE YOllR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IIi' THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. 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 of 717 -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 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 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 \vill be filed by the Sheriff within thirty (30) days from the date of the Sheriff1s 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 tiled 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 LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THI:: OFFICE LISTED BELOW TO FIND OUT WIlERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle. P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle. P i\ 17013 02/03/2006 16:19 FA..\ 215 627 7734 GOLDBECK 141 003/003 ~ Tract No.1: Beginning at a point in the centerline of Route #641 (road leading from Newville to Newburg) said point being three hundred twenty-five (325) feet west of common corner with land now or formerly of Clarence Shaffer; thence in a southerly direction at right angle to the aforesaid road and land now or formerly of Dewey Shaffer et ux, two hundred (200) feet.to an iron pin; thence by same in a westerly direction one hundred twenty-five (125) feet to an iron pin; thence by same in a northerly direction by line at right angles two hundred (200) feet to the center of the aforesaid road; thence by the center of the aforesaid road in an easterly direction one hundred twenty-five (125) feet to the place of beginning. The conveyance of this tract is subject to the restrictions in the hereinafter recited deed. Tract No.2: Beginning at a point in the centerline of Route #641 (road leading from Newville to Newburg) said point being four hundred fifty (450) feet west of common comer with land noW or formerly of Clarence Shaffer; thence in a southerly direction at right angle to the aforesaid road and land now or formerly of Keller Jumper, et ux, two hundred (200) feet to an iron pin; thence by the same in a westerly direction twenty-five (25) feet to an iron pin; thence by same in a northerly direction by line at right angles two hundred (200) feet to the centerline of the aforesaid road; thence by center of the aforesaid road in an easteTly direction twenty-five (25) feet to the place of beginning. The conveyance of this tract is subject to the restrictions in the hereinafter recited deed. Tract No.3: Beginning at a point in the centerline of Route #641 (road leadjng from Newville to Newburg) said point being three hundred twenty-five (325) feet west of common comer with land now or formerly of Keller o. Jumper and Phyllis W, Jumper, thence by said Jumper land south ten (10) degrees, thirty (30) minutes west two hundred (200) feet to a stake; thence by land now or fonnerly of Dewey Shaffer and Nellie M. Shaffer, north seventy-nine (79) degrees) thirty (30) minutes east one hundred (100) feet to a point; thence north ten (10) degrees thirty (30) minutes west two hundred (200) feet to a point in the center of Pennsylvania State Highway Route No. 641 aforesaid; thence by the center of said road south 'sevenL}'-nifie-(t~) aegrees thirty {jO) mmutes wesfone hun<1reo (100) feet to the place ot beginnmg. The conveyance of this tract is subj eet to the restrictions in the hereinafter recited deed. TAX PARCEL # 30-08-0593-058 MUNICIPALITY: NORTH NEWTON TOWNSHIP PROPERTY ADDRESS: 364 GREENS PRING ROAD, NEWVILLE, P A 17241 .. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-4930 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Travelers Bank & Trust FSB 1111 Northpoint Drive, Building 4, Suite 100, Coppell, TX 75019 Plaintiff (s) From Lue Ann Malcolm Danny N Malcolm 364 Greenspring Road, Newville, Pa. 17241 (1) You are directed to leyy upon the property of the defendant (s)and to sell see legal description attached . (2) You are also directed to attach the property of the defendant( s) not leyied 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$132,911.20 Interest from 4/10/05 to 01112/06 at 8.6712% 1..1..$0.50 Atty's Comm % Atty Paid $140.60 Plaintiff Paid Date: January 18, 2006 Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name -Joseph A. Goldbeck, Jr. Esq. Address: 701 Market Street ste 5000 Philadelphia, Pa. 19106 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 07 On February 03, 2006 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA Known and nunlbered as 364 Greenspring Road., Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 03, 2006 By: j {'cl~,)'vt/u.{ it Real Estate Sergeant ...,.~ \. t~~~:=J -';1 ~' ' . '~", ~~ ," -' ... ';:'f:i:~ .:~ , "........"0' /:....,- ~, "'::1 ~ On ;8 '\I Ll NVr qOOl , . ,.',', : " ,.; m l-' t ((,' ; \/d '; 1"\ It v.,) \.1" ", i.....J t1 v~, . 'oJ .:L1IB3HS 3H1 JO 3JI.:UO SCHEDULE OF DISTRIBUTION SALE NO. 07 Date Filed: July 07, 2006 Writ No, 2005-4930 Civil Term Travelers Bank & Trust, FSB VS Lue Ann Malcolm and Danny N. Malcolm 364 Greenspring Road Newville, PA 17241 Sale Date: Buyer: Bid Price: June 07, 2006 Jefferson Consumer Credit, LLC $93,500.00 Real Debt: Interest: Attorney Costs: $132,911.20 8,747.66 140.60 Total: $141,799.46 DISTRIBUTION: Receipts: Cash on account (02/03/2006): Cash on account (06/07/2006): Cash on account (06/22/2006): $ 1,500.00 9,350.00 88,539.20 Total Receipts: $99,389.20 " Disbursements: Sheriffs Costs Legal Search Transfer Tax - Local Transfer Tax - State Tax Claim Bureau Darlene Pittman, Tax Collector Attorney Joseph Goldbeck Travelers Bank & Trust, FSB $3,254.98 200.00 1,159.60 1,159.60 1,991.08 1,839.07 1,500.00 88,284.87 Total Disbursements: ($99,389.20) Balance for distribution: 0.00 So Answers: r:~ l"~~.e..., R. Thomas Kline Sheriff " ~ TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO.7 Held Wednesday, June 7, 2006 Date: June 7, 2006 TAXES: Receipts for all taxes for the years 2003 to 2005 inclusive. Taxes for the current year 2006. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below, JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2006, and recorded , 2006, in Cumberland County Deed Book , Page RECIT AL: Being the same premises which Jill Kuhns and James Kuhns, co-executors of the estate of Paul F. Orner, Sr. by deed dated June 29, 1998 and recorded June 29, 1998 in the Office of the Recorder of Deeds for Cumberland County in Deed Book 180, Page 228 granted and conveyed to Danny N. Malcolm and Lue Ann Malcolm. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company, 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed ofPa. Route 641. " ,. , 6. Mortgage in the amount of $125,370.13 given by Danny N. Malcolm and Lue Ann Malcolm to Travelers Bank and Trust, FSB dated March 2,2002 and recorded March 5, 2002 in Mortgage Book 1751, Page 1381. Complaint in Mortgage Foreclosure filed on February 21, 2005 filed by Travelers Bank and Trust, FSB as Plaintiff against Danny N. Malcolm and Lue Ann Malcolm as Defendants in the Office of the Prothonotary to file number 2005-4930. Judgment in the amount of $132,911.20 entered. 7. Mortgage in the amount of $15,000.00 given by Danny N. Malcolm and Lue Ann Malcolm to American General Financial Services, Inc. dated November 22,2004 and recorded November 23,2004 in Mortgage Book 1888, Page 4983. 8. Delinquent Real Estate taxes turned over to the Cumberland County Tax Claim Bureau in the amount of $1,978.30 as of the date of subject sale. 9. Rights granted to the Pennsylvania Public Utilities Commission by instruments recorded in Deed Book "Z", Volume 22, Page 566, and in Deed Book "L", Volume 22, Page 960. 10. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 11, Real estate taxes accruing on and after July 1, 2006 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act S8 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be yalid or bind' g until countersigned by an authorized signatory. REAL ESTATE SALE NO. 7 " . Writ No. 2005.4930 Civil Travelers Bank & Trust. FSB vs. Lue Ann Malcolm and Danny N. Malcolm Atty.: Joseph Goldbeck Tract NO.1: BeginnIng at a point In the cen- terline of Route 1#641 (road leadIng from Newville to Newburg) said point being three hundred twenty-five (325) feet west of common corner with land now or formerly of Clar- ence Shaffer: thence in a southerly direction at right angle to the afore- said road and land now or formerly of Dewey Shaffer et ux, two hun- dred (200) feet to an Iron pIn; thence by same In a westerly direction one hundred twenty-flve (125) feet to an Iron pin: thence by same In a north- erly direction by line at right angles two hundred (2001 feet to the cen- ter of the aforesaid road; thence by the center of the aforesaid road In an easterly direction one hundred twenty-five (125) feet to the place of begInning. The conveyance of this tract is subject to the restrIctions In the hereInafter recIted deed. Tract No.2: Beginning at a point In the cen- terllne of Route 1#641 (road leading from Newville to Newburg) said point beIng four hundred fifty (450) feet west of common comer with land now or formerly of Clarence Shaffer: thence In a southerly direction at right angle to the aforesaid road and land now or formerly of Keller Jumper, et UK, two hundred (200) feet to an Iron pIn; thence by the same In a westerly direction twenty- five 1251 feet to an Iron pin; thence by same In a northerly dIrection by line at right angles two hundred (200) feet to the centerline of the aforesaid road: thence by center of the aforesaId road In an easterly direction twenty-five (25) feet to the place of beginning. The conveyance of this tract Is subject to the restrictions In the hereinafter recIted deed. Tract No.3: Beginning at a point In the cen- terline of Route 1#641 (road leadIng from Newville to Newburg) said point being three hundred twenty-five (325) feet west of common corner with land now or fonnerly of Keller O. Jumper and Phyllis W. Jumper. thence by said Jumper land south ten (10) degrees. thirty (30) minutes west two hundred (200) feet to a stake; thence by land now or for- merly of Dewey Shaffer and Nellle M. Shaffer. north seventy-nine (791 degrees, thirty (30) minutes east one hundred (100) feet to a point: thence north ten (l0) degrees thirty (30) minutes west two hundred (200) feet to a point In the center of Pennsyl- vania State Highway Route No. 641 aforesaid: thence by the center of said road south seventy-nine (79) degrees thirty (30) minutes west one hundred (lOO) feet to the place of beginning. The conveyance of this tract Is subject to the restrictions In the hereinafter recited deed. TAX PARCEL It 30-08-0593-058. MUNICIPALITY: NORTH NEW- TON TOWNSHIP. PROPERTY ADDRESS: 364 GREENSPRlNG ROAD. NEWVILLE. PA 17241. '. (. ;. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approyed May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published eyer smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. 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 yerify this statement on behalf of The Patriot-News Co. aforesaid by yirtue and pursuant to a resolution unanimously passed and adopted seyerally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #7 .. NOT Y PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 REAL I;ST~ SALe NO. fJ7 "_Jill 111....__ .............. 'INIlt, ... VS Lue Ann~'" Danny N. IIIIIcOIm Attorney JoMpbGoldbeck DESCRmoN TRACf NO.1: BegJming at a point in the centerline of Route 1641 (road leading from Newville to Newburg) said point being three hUDdred twenty-five (325) feet west of common comer with land now or. formerly of Clarence Shaffer, thence in a southt'dy direction at right angle to the aforesaid road and land now or formerly of Dewey Shaffer et ox, two hundred (200) feet to an iron pin; thence by same in a westerly ~ OIW)buudIed twenty-five (125) feet to an iroB pill; 'thetlre by 8lIIne in a lIOl1hedy direction by tine atrigbt augJes two hUDdred (200) feer to the ceater of the afMsald road; dace by the center of the aWresaicJ.. road in an easterly direction ooe hundred twenty-five (125) feet to the piau ofbeginniDg. The conveyance ~.. .....,tract.., is subject to the restric1ions in the- .... .teciteddeed. . TRACf NO. 2: ~ at a point in the centerline of Route 1641. (road' leading from Newville to Newburg) ~ point being four hUDdred fifty (450) feet west of common comer With land now or fotmedy of Oarence Shaffer; thence in a southerly direction at right angle to the aforesaid road and land now or formerly of Keller Jl1IIIfltl, et ox, twoHuadred (200) feet to an iron pin: thence by the samem a westerly direction twenty-fiVe (25) feet to an iron pin; thence by , same in a ncdledy direction by line at right angles two hundred (200) feet to ~ centerline of the aforesaid road; thence by amer- of the aforesaid road in an eastedy direction twenty~five (25) feet to the place ofbeginDing... The conveyance of this tract is subject to the restrictions in the hereinafttr recittxI deed. TRACf NO.3: BegiDning at a point in the centerline of Route 1641 (road leading from Newville to Ne1vIIIrg) said point being three hundred twmty-five (325) feet west of common comer with land oow or fllolwrly of .KeIf<< O. Jumper ., .JlIlyIIis w. Jumper. tht.oce by said Jl1IIIfltlland south ten (10) degrees, thirty (30) minutes west two l1uDdmd (200) feet to a stake; thence by land now or formedy of Dewey Shaffer and Nellie M. S,baffer, nuth seventy-uine (79) degrees, thirty (30) minutes east ooe hundred (tOO) feet to a point; tba1ce.J1U1h (10) degrees thirty (30) minuteS west two lJuDdRld (200) feet to a point in the .cemec of Pennsylvania State Highway Route No. 641 aforesaid; 1fJeuce' by die center of said road southseventy-_ (79) degrees thirth (30) minutes west Olle .bUndIed (100) feet to the place of begimIiDg. .' The cooveyance of this tr.ict is subject to the restrictions in the.baeiDafter recittxI deed. TAX PARCELl ~3-0S8 ~".~TownsbiP ~I....:: 3M' ~ R8IlI.~Ml_ '. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: April?, 14,21,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Jounlal, 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. -- SWO 21 AND SUBSCRIBED before me this day of April. 2006 ~r~::_t/~ . LOIS E SNYDER, Notary Public ! ~.. (;. IIr,-hr:>:'/Cl.VJ C(~I;ntv ~ I ../.... I ,.J~,<: ,c-,..."f I.. ".J : '..~ I f, C>:'t..~;~:~;;:."'Sjon L/;arGh ,1.); 2009, t.",>->'.r;::,;." ."'~-"'~"fl:..:':.".-'t!.\""_.:rj,~,;;"",.;r..:{-;.r-o..;~;lf.l~~"-..M'UW.A;:;t::~""","'ijlL.<qj".'-:i' REAL ESTATE SALE NO. 7 Writ No. 2005-4930 Civil Travelers Bank & Trust, FSB vs. Lue Ann Malcolm and Danny N. Malcolm Atty.: Joseph Goldbeck Tract No.1: Beginning at a point in the centerline of Route #641 (road lead- ing from Newville to Newburg) said point being three hundred twenty- five (325) feet west of common cor- ner with land now or forrnerly of Clarence Shaffer; thence in a south- erly direction at right angle to the aforesaid road and land now or for- merly of Dewey Shaffer et UX, two hundred (200) feet to an iron pin; thence by same in a westerly direc- tion one hundred twenty-fiye (125) feet to an iron pin; thence by same in a northerly direction by line at right angles two hundred (200) feet to the center of the aforesaid road; thence by the center of the afore- said road in an easterly direction one hundred twenty-five (125) feet to the place of beginning. The conveyance of this tract is subject to the restrictions in the hereinafter recited deed. Tract No.2: Beginning at a point in the centerline of Route #641 (road lead- ing from Newville to Newburg) said point being four hundred fifty (450) feet west of common corner with land now or formerly of Clarence Shaffer; thence in a southerly di- rection at right angle to the afore- said road and land now or formerly of Keller Jumper, et UX, two hun- dred (200) feet to an iron pin; thence by the same in a westerly direction twenty-five (25) feet to an iron pin; thence by same in a northerly di- rection by line at right angles two hundred (200) feet to the centerline of the aforesaid road; thence by center of the aforesaid road in an easterly direction twenty-five (25) feet to the place of beginning. The conveyance of this tract is subject to the restrictions in the hereinafter recited deed. Tract No.3: Beginning at a point in the centerline of Route #641 (road lead- ing from Newville to Newburg) said point being three hundred twenty- five (325) feet west of common cor- ner with land now or formerly of Keller O. Jumper and Phyllis W. Jumper, thence by said Jurnper land south ten (10) degrees, thirty (30) minutes west two hundred (200) feet to a stake; thence by land now or formerly of Dewey Shaffer and Nellie M. Shaffer, north seventy- nine (79) degrees, thirty (30) min- utes east one hundred (100) feet to a point; thence north ten (10) de- grees thirty (30) minutes west two hundred (200) feet to ~ point in the center of Pennsylvania State High- way Route No. 641 aforesaid; thence by the center of said road south seventy-nine (79) degrees thirty (30) minutes west one hundred (100) feet to the place of beginning. The conyeyance of this tract is subject to the restrictions in the hereinafter recited deed. TAX PARCEL # 30-08-0593-058. MUNICIPALI1Y: NORTH NEW- TON TOWNSHIP. PROPERTY ADDRESS: 364 GREENSPRING ROAD, NEWVILLE, PA 17241.