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HomeMy WebLinkAbout05-5262GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. 416132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 VS. PATRICIA E. NOLAN Mortgagor and Real Owner 4714 E. Trindle Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Term No. 611 C 1 CIVIL ACTION. MORTGAGE Defendant 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 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, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 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 ESTA DEMANDA Y AVISO. 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 ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA 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, PA 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 HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 651-234-3798 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 EMC-0968. 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 LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK, 1270 Northland Drive, Ste. 200, Mendota Heights, MN 55120. 2. The name and address of the Defendant is PATRICIA E. NOLAN, 4714 E. Trindle Road, Mechanicsburg, PA 17055, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On August 23, 2000 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to ALLIANCE FUNDING, A DIVISION OF SUPERIOR BANK FSB., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1635, Page 595. The mortgage has been assigned to: LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK by assignment of Mortgage dated March 21, 2002 and recorded on August 28, 2002 as Book 689, Page 3828. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 1, 2005, and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month, 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 $51,371.67 Interest from 04/01/2005 $2,124.62 through 09/30/2005 at 8.2500% Per Diem interest rate at $11.61 Reasonable Attorney's Fee at 5% of Principal Balance as $2,568.58 more fully explained in the next numbered paragraph Late Charges from 05/01/2005 to 09/30/2005 $121.32 Monthly late charge amount at $20.15 Costs of suit and Title Search $900.00 Escrow Advance $517.02 Recoverable Balance $381.52 Other Fees Due $353.86 $58,338.59 7. If the Mortgage is reinstated prior to a Sheriff's 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 reserves its right 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 Sheriff's 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 a judgment of personal liability (or and "in personam" judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was 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 Defendant 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 Defendant has 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 terns judgment in mortgage foreclosure in the sum of $58,338.59, together with interest at the rate of $11.61, 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 Sheriff's Sale of the Property. By: L' l GOL C McCAFFERTY McKEEVER BY: SEPN A. GOLDBECK, JR., ESQUIRE ATTO EY FOR PLAINTIFF VERIFICATION I', 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 unworn falsification to authorities. Date: /C S- Z> M M T AG pCORP. Y" I ,E,CFiibit A 13LAtsa. ROp!<?7 P ZIEOLER RECORDER OF DEEDS 4UNNERLAND COUNTY-P.{ '00 HUG Z9 RM 11 44 TWO vab TAX PARCBL NO. IW2-0597-146 WAnte 71M 49th dayof lu9ye b the year two WWwnd(20001 Sx WBBW ROSS JBRCMB IMMfH and MARY Z. tiLftMtt, his wises, of '- Q M-1- abort Penrwyfraltta, elranttua, AM O PA TWCIA M. NOLAlf, siw& wotasn' of Meehanicsbttrs? 1lmmgdvsa4, Grantee, WfTA0iZXMV,, that in vnndduutlon of NJNCr'F4GHTTH0V4AND--.--- _......._.._---------- fa hand paid, the mtxlpt whetmof G hereq aol nowdsdpd. the said grantors do beneby v,%at and convey W the said vwntee. JJw heirs and -%A a, ALL THAT CBR7'ABi matt or pa1M of land sieuste in Nampdcn Township, Lwmbcriaad Caiaty. Coeowa-va tW of F=-*YWswta4 more Particuiarhv boast d and daaotfbed sceotdina to a na?ty all D. P. Raliaoryerpr, tteiisterW Surveyor, dated August 30, 1957, as follow. 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BMO TkHlc 8MR PRIMUM wM& LwOUS L $bearer, by Quad dalcd April 9, 199:1 ;ad vx*n ed'ApcA 20, 1991 in the Otdos of tha Rocoider of Dands in end for Cumbar- land Cmsnlr. ren"ylvariSk in Dard Back p, Volume 95; pogo 910, prarttod and 8 dW Xv s1 9000 d xwtbyveatind soled tidy u MD RR*Nxt Jerome Sm th. Msry R. mmidh rile of Robott darmra t]mhj%, joins In this aoa+regraata to throat a1i tight. titt e and tMe rest In raid paropmV. Nete: William L. 9hear0r, cv-prootaa is 0084 Yeok Of Yvlnaa 14, 9490 6461 fh9a "d thin lift OR l0birui Cy 6, 1992, wherein and what by title vsatad to toratto L. 8heares ae •urviYlag tenant by the Entirety. ?,xFii6it C13 ACT 91 NOTICE DATE OF NOTICE: September 2, 2005 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER_ CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the 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 any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 Date: September 2, 2005 Homeowners Name: PATRICIA E. NOLAN Property Address: 4714 E. Trindle Road, Mechanicsburg, PA 17055 Loan Account No.: 0007542780 Original Lender: ALLIANCE FUNDING, A DIVISION OF SUPERIOR BANK FSB. Current Lender/Servicer: EMC FIDELITY NATIONAL FORECLOSURE SOLUTIONS HOMEOWNERS' 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 (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one 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 fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 4714 E. Trindle Road, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 05/01/2005 thru 9/2/2005 (5 mos. at $403.05/month) $2,015.25 (b) Late charges from 05/01/2005 thru 9/2/2005 $121.32 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $2,136.57 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $ 2,136.57 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: EMC MORTGAGE CORP. LOSS MITIGATION DEPARTMENT 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Property_ IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) 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 Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other chards 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 Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: EMC MORTGAGE CORP. Address: 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Phone Number: 888-577-4011x3202 Contact: Loss Mitigation Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact: Loss Mitigation Department Phone Number: 888-577-4011 x3202 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 -It ! V OND -iQ 't "( J 0-1 -7' 0 -n 77, SHERIFF'S RETURN - REGULAR CASE NO: 2005-05262 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NA VS NOLAN PATRICIA E WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NOLAN PATRICIA E the DEFENDANT , at 1837:00 HOURS, on the 10th day of October , 2005 at 4714 E TRINDLE ROAD MECHANICSBURG, PA 17055 PATRICIA E NOLAN by handi.nct to 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 18.00 Service 12.48 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before me this® - day of .Prot ary So Answers R. Thomas Kline 10/11/2005 GOLDBECK MCCAFFERTY MCKEEVER r By: eputy Sheriff GOLDBECK McCAFFERTY & McKEEVER BYi Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 EMC-0968 CF: 10/06/2005 SD: 06/13/2007 $59,280.95 LASALLE BANK NA FWA LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 VS. PATRICIA E. NOLAN Mortgagor(s) and Record Owner(s) 4714 E. Trindle Road Mechanicsburg, PA 17055 Plaintiff Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 05-5262 Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs OfficekampetenledtAk(copy of return attached). ( Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any.) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE es full s 't Y: ose A. Goldbeck, Jr. A ey for Plaintiff LaSalle Bank NA f/k/a LaSalle National Bank, In The Court of Common Pleas of in its capacity as Indenture Trustee Under that Cumberland County, Pennsylvania Certain Sale Serviceing Agreement Dated Writ No. 2005-5262 Civil Term October 1, 2000 Among AFC Trust Series 2000-3, as Issuer, Superior Bank VS Patricia E. Nolan Writ No. 2005-5262 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2007 at 2100 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Patricia E. Nolan, by making known unto Patricia E. Nolan, personally, at 4714 E. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2007 at 1352 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Patricia E. Nolan, at 4714 E. Trindle Road, Mechanicsburg, CumberlandCounty, 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: Patricia E. Nolan, by regular mail to her last known address of 4714 E. Trindle Road, Mechanicsburg, PA 17015. This letter was mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. 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L00DmOUN v+m;oma "-Omaxn D > OX - N Dm m 3 I I C n y G ? i fD 00 0fA O °g p< _ 0 d °yml om Z C C C c ???? D C ro ? of ?1 A_ z p ? 7 d O N FT $,R S=D ?x S m m CD- o uNRE n O N ds? CD- 9 T O ? .'0 A O A Y La N_ '0>?3 000 II- m A . rm ra O ?, 0 rn - m z GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff VS. PATRICIA E. NOLAN Mortgagor(s) and Record Owner(s) 4714 E. Trindle Road Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-5262 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 4714 E. Trindle Road Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): PATRICIA E. NOLAN 4714 E. Trindle Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: PATRICIA E. NOLAN 4714 E. Trindle Road Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: CUMBERLAND CO. ADULT PROBATION 1 Courthouse Square Carlisle, Pa 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. US DEPT OF THE TREASURY 1500 Pennsylvania Avenue NW Washington, DC 20220 HAMPDEN TOWNSHIP 230 South Sporting Hill Road Mechanicsburg, PA 17050 TENANTS/OCCUPANTS 4714 E. Trindle Road Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: May 14, 2007 GOL B CK M FERTY & McKEEVER BY: s h A. Goldbeck, Jr., Esq. Attorney for Plaintiff ca F n C w N GOLDBECK MCCAFFERTY & MCKEEVER By: David Fein, Esquire Attorney I.D. # 82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK VS. Plaintiff PATRICIA E. NOLAN Defendant IN THE COURT OF COMMON PLEAS of Cumberland County No. 05-5262 CERTIFICATION PURSUANT TO RULE 208.3(a) I, David Fein, Esquire, certify that there have been no prior motions in this case. I further certify that Michael Coons does not consent to this petition, and that I have been unable to make contact with Patricia Nolan to determine whether she consents to this petition. Davi Fein, Esquire Attorney for Plaintiff Goldbeck McCafferty & McKeever By: David Fein, Esquire Attorney I.D. # 82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE IN THE COURT OF COMMON PLEAS SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS of Cumberland County ISSUER, SUPERIOR BANK Plaintiff VS. No. 05-5262 PATRICIA E. NOLAN Defendant PLAINTIFF'S PETITION TO SET ASIDE SHERIFF'S SALE Plaintiff, LaSalle Bank, NA f/k/a LaSalle National Bank, in its Capacity as Indenture Trustee under that Certain Sale Servicing Agreement Dated October 1, 2000 among AFC Trust Series 2000-3, as Issuer, Superior Bank ("Plaintiff'), petitions this Honorable Court to set aside the Sheriffs Sale held on June 13, 2007 and assigns the following reasons therefore: 1. On October 6, 2005, Plaintiff filed its complaint in mortgage foreclosure. 2. The property that is the subject of this action is located at 4714 East Trindle Road, Mechanicsburg, PA 17055 (the "Property"). 3. On December 19, 2006, judgment in mortgage foreclosure was entered in favor of Plaintiff and against defendant, Patricia E. Nolan ("Defendant"), in the amount of $59,280.95, plus costs, based upon the demand in Plaintiffs Complaint. 4. A Sheriffs Sale of the Property was held on June 13, 2007. 5. Michael Coons purchased the Property at the Sheriffs sale for $92,300. 6. Prior to the sale, Plaintiff and Defendant had reached an agreement to stop the sale as Defendant had reinstated the subject loan. 7. Due to a communication oversight, that information was not transmitted to Plaintiff's counsel, and the Sheriff s sale proceeded. 8. Defendant will clearly not be prejudiced if the requested relief is granted. 9. In addition to the reasons dated above, the Court should grant the equitable relief requested as it is specifically authorized by Rule 3132 of the Rules of Civil Procedures as the sheriff has not yet delivered the deed. 10. The Court retains jurisdiction over a Sheriffs Sale and may set aside a sale for any equitable ground or to prevent injustice. WHEREFORE, Plaintiff prays that the Court enter the attached Order setting aside the Sheriff's sale of the Property. Respectfully submitted, David Fein, Es-quire Attorney for Plaintiff Goldbeck McCafferty & McKeever By: David Fein, Esquire Attorney I.D. # 82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. PATRICIA E. NOLAN Mortgagor(s) and Record Owner(s) 4714 E. Trindle Road Mechanicsburg, PA 17055 Defendant(s) MEMORANDUM OF LAW 1. LEGAL ARGUMENT IN THE COURT OF COMMON PLEAS of Cumberland County NO. 05-5262 This Honorable Court is empowered to grant the requested relief by the Pennsylvania Rules of Court, which permits this Court to act in a manner calculated to effect a speedy and just result. Pa.R.C.P. 126 provides this honorable Court with the power to "disregard an error or defect of procedure which does not affect the substantial rights of the parties." As the court stated in First Eastern Bank v. Campstead, 637 A.2d 1364 (Pa.Super. 1994): This approach does not countenance the wholesale derogation of our procedural rules, but does allow us to bend them just a little where the interests of justice demand. I would not surrender this flexibility in favor of a uniform policy of super-strict compliance with procedural rules, when such compliance would only be pointless and burdensome. Rule 3132 of the Rules of Civil Procedure provides as follows: Upon petition of any part in interest before delivery of the personal property or of the sheriffs deed to real property, the court may, upon proper cause shown, set aside the sale and order a resale or enter any other order which may be just and proper under the circumstances. In the case of Merrill Lunch Mortgage Capital v. Steele, 859 A.2d 788, 2004 PA Super 341, the court was faced with a similar scenario. In that case, the subject property was scheduled for Sheriff's sale on October 31, 2002. The day before the Sheriff's sale, the defendants, Rufus and Yvette Steele, sold the subject property to Judith Gregory. The payoff funds were sent by overnight delivery to the plaintiff mortgage company. Nonetheless, the plaintiff mortgage company took the property to Sheriffs sale where the subject property was sold to REO Properties Management, L.L.C. ("REO"). REO argued that it was a bona fide purchaser for value and thus the Sheriffs sale should not be set aside. However, the Court disagreed, and found that a party who purchases a property at a Sheriff's sale is "imputed with knowledge of the provisions of Pa. R.C.P. No. 3132. REO therefore purchased the property subject to the risk that if, within ten days following purchaser, a petition was filed to set aside, and if that petition demonstrated any proper reason, the sale would be set aside." Id. at 792. The court also noted that between Gregory and REO, Gregory was actually the bona fide purchaser for value as she dealt in good faith with the plaintiff mortgage company, was never advised of the impending Sheriff's sale, and will not be able to recoup the monies that she tendered. Conversely, if the Sheriffs sale was set aside, REO would be made whole, as it would receive its deposit back from the Sheriff. Finally, the Court pointed out that "the very purpose for the occurrence of a Sheriff's sale, the need to satisfy the judgment creditor, was not present when the property was sold at Sheriff's sale." Id. at 792. In the present case, Defendant tendered reinstatement funds believing that doing so would stop the Sheriff's sale. While Defendant did not actually purchase the Property, her position can be likened to a bona fide purchaser for value. Moreover, when weighing the prejudices as the Court did in the Merrill Lunch case, if the Sheriff's sale is set aside, Michael Coons will be made whole, as the Sheriff will refund the deposit to him. However, if the Sheriff s sale is not set aside, Defendant will lose her property. II. CONCLUSION For all the reasons discussed above and in the attached Petition to Set Aside Sheriffs Sale, the Court should grant the requested relief and enter the attached proposed order. Respectfully submitted, David Fein, Esquire Attorney for Plaintiff Goldbeck McCafferty & McKeever By: David Fein, Esquire Attorney I.D. # 82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attamey for Plaintiff LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 i In the Court of Common Pleas of Cumberland County i vs. PATRICIA E. NOLAN 4714 E. Trindle Road Mechanicsburg, PA 17055 VERIFICATION No. 05-5262 David Fein, Esquire, hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth within the attached petition to Set Aside Sheriffs Sale are true and correct to the best of his knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties of 18 P.S. Section 4904. David Fein, Esquire Attorney for Plaintiff GOLDBECK WCAFFERTY & McKEEVER By. David Fein, Esquire Attorney I.D. # 82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK VS. PATRICIA E. NOLAN IN THE COURT OF COMMON PLEAS Plaintiff Defendant CERTIFICATE OF SERVICE of Cumberland County No. 05-5262 I, David Fein, Esquire, do hereby certify that on v- o 7 true and correct copies of the foregoing Petition to Set Aside Sheriffs Sale and all supporting papers were served via first class mail upon the following: PATRICIA E. NOLAN 4714 E. Trindle Road Mechanicsburg, PA 17055 Michael Coons 1772 North Meadow Drive Mechanicsburg, PA 17055 SHERIFF OF CUMBERLAND COUNTY Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 David Fein, Esquire Attorney for Plaintiff e-% r .s 'r1 cz: m t Ct F i i"I r LASALLE BANK NA F/K/A, LASALLE NATIONAL BANK, IN ITS : CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN : SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK PLAINTIFF ; V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA E. NOLAN DEFENDANT NO. 05-5262 CIVIL ORDER OF COURT AND NOW, this 27th day of June, 2007, upon consideration of the Plaintiff's Petition to Set Aside Sheriff's Sale, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant, Patricia Nolan, Michael Coons, the purchaser of the property, and the Cumberland County Sheriff to show cause why the relief requested should not be granted; 2. The parties will file an answer on or before July 18, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. IT IS FURTHER ORDERED AND DIRECTED that in the interim, the deed to the property in question shall not be transferred to Michael Coons. All further action regarding the Sheriff's Sale shall be stayed until further Order of Court. By the Court, M. L. Ebert, Jr., J. MVAI/kSNN9d F Z :I ! WV U nP LOOZ Jit VIO.i iQ-H,.08d 3Hl J© ? j ! David Fein, Esquire Attorney for Plaintiff Patricia E. Nolan, Defendant 4714 E. Trindle Road Mechanicsburg, PA 17055 Michael Coons 1772 North Meadow Drive Mechanicsburg, PA 17055 Cumberland County Sheriff -1 &o,&- bas `ate GOLDBECK McCAFFERTY & MCKEEVER BY: David Fein, Esquire Attorney LDJ42628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106.1532 215.627-1322 LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMONG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK Plaintiff Vs. PATRICIA E. NOLAN Defendant SETTLEMENT S'T'IPULATION No. 05-5262 The parties to this Stipulation, plaintiff LaSalle Bank NA f/k(a LaSalle National Bank, in its Capacity as Indenture Trustee under that Certain Sale Servicing Agreement Dated October 1, 2000 Among AFC Trust Series 2000-3, as Issuer, Superior Bank {"Plaintiff"), and Michael Coons ("Coons"), the purchaser of the subject property at Sheriff's sale, do hereby state: WHEREAS, on October 6, 2005, Plaintiff filed its complaint in mortgage foreclosure against defendant, Patricia E. Nolan ("Defendant"); and WHEREAS, on December 19, 2006, Plaintiff entered a default judgment against Defendant; and WHEREAS, Plaintiff thereafter listed the subject property, located at 4714 East Trindle Road, Mechanicsburg, PA 17055 (the "Property"), to be sold at the June 13, 2007 Sheriffs sale; and WHEREAS, on or about June 12, 2007, Defendant brought the subject loan current; and WHEREAS, due to a clerical error, Plaintiff did notify its counsel that the loan was brought current; and WHEREAS, as a result, the Property was sold at the June 13, 2007 Sheriff's sale to Coons; and IN THE COURT OF COMMON PLEAS of CUMBERLAND COUNTY WHEREAS, Plaintiff thereafter notified its counsel that the loan was brought current; and r WHEREAS, on June 22, 2007, Plaintiff filed a Petition to Set Aside Sheriff s Sale; and WHEREAS, on June 27, 2007, the Honorable M.L. Ebert Jr. entered a Rule to Show Cause Order; and WHEREAS, Plaintiff and Coons have reached a settlement of this matter, NOW THEREFORE, IT IS HEREBY STIPULATED between Plaintiff and Coons as follows: 1. The recitals are incorporated herein and made a part hereof 2. The Sheriff's sale of the Property shall be set aside. 3. The Sheriff shall refund all monies tendered by Coons. 4. In consideration of Coons agreeing to the setting. aside of the Sheriffs sale of the Property, Plaintiff shall tender $2,000.00 to Coons. 5. This Stipulation represents the totality of the agreement between the parties. All modifications, retractions, or revisions shall be in writing and signed by both parties. 6. The parties agree to enter this Stipulation as an order of court. 7. This Stipulation may be executed in counterparts, each of which shall be considered an original. 8. This Stipulation is effective upon execution. I have read this Stipulation and agree to the terms thereof Date: /07 David Fein, Esquire Attorney for Plaintiff Date: Michael Coons Purchaser of the Property at Sheriffs Sale Sheriff s sale r..? C"} ?--? - c? ; "/ `tl - "'' ?? .--1 ?? -` `?? r _ r? -- ' ?. ? , _ ; ? - , ??,_.: -- , s, .? ..-i ?.yl --? w +3 10k 26i@D7? Plaintiff LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMONG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 05-5262 VS. PATRICIA E. NOLAN Defendant ORDER yh AND NOW, this day of •?\ 2007, upon consideration of the attached settlement stipulation, it is hereby ORDERED and DECREED that the June 13, 2007 Sheriffs sale of the subject property, located at 4714 East Trindle Road, Mechanicsburg, PA 17055 is hereby Set Aside; and, it is further ORDERED and DECREED that the Sheriff shall refund all monies tendered by Michael Coons, the purchaser of the subject property at the Sheriff's sale; and, it is finther ORDERED and DECREED that Plaintiff shall tender $2,000.00 to Michael Coons; and, it is further ORDERED and DECREED that the remaining terms of the Settlement Stipulation are incorporated into this Order. BY THE COURT: 14, -?' ? \ \ J. - - UL NZ LaSalle Bank NA f/k/a LaSalle National Bank, In The Court of Common Pleas of in its capacity as Indenture Trustee Under that Cumberland County, Pennsylvania Certain Sale Serviceing Agreement Dated Writ No. 2005-5262 Civil Term October 1, 2000 Among AFC Trust Series 2000-3, as Issuer, Superior Bank VS Patricia E. Nolan Writ No. 2005-5262 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2007 at 2100 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Patricia E. Nolan, by making known unto Patricia E. Nolan, personally, at 4714 E. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2007 at 1352 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Patricia E. Nolan, at 4714 E. Trindle Road, Mechanicsburg, CumberlandCounty, 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: Patricia E. Nolan, by regular mail to her last known address of 4714 E. Trindle Road, Mechanicsburg, PA 17015. This letter was mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Joseph Goldbeck. Per order of court dated July 27, 2007 the June 13, 2007 Sheriffs sale of property located at 4714 E. Trindle Road, Mechanicsburg, PA is set aside. Sheriffs Costs: Docketing 30.00 Poundage 272.15 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 24.96 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 318.92 Share of Bills 16.17 Lien Search 200.00 $1,283.70 (51 o? Oiw a_ s9 -1 K(0, let,. eye 7 /) So Answers: R. Thomas Kline, Sheriff BY `J Real Estat ergeant Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. PATRICIA E. NOLAN (Mortgagor(s) and Record Owner(s)) 4714 E. Trindle Road Mechanicsburg, PA 17055 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 05-5262 LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE 1'?'Il? R Tt nT rT nT ^,TN ?l.L ¢FRVTCTNCT AGRFFMr','T T) nTVD OCTnRFR I -ono ?-_TnTrrrr F( TRTic T 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: 4714 E. Trindle Road Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): PATRICIA E. NOLAN 4714 E. Trindle Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: PATRICIA E. NOLAN 4714 E. Trindle Road Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: CUMBERLAND CO. ADULT PROBATION 1 Courthouse Square Carlisle, Pa 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY '~ ? PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 4714 E. Trindle Road Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to pen ties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DA I ED: December 14, luuu i? GOLDBECK MCCAFFE Y EEVER BY: Joseph A. Goldbeck Jr., Esq. Attorney for Plaintiff 05-5262 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff Plaintiff VS. LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTA SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-5262 PATRICIA E. NOLAN Mortgagor(s) and Record Owner(s) 4714 E. Trindle Road Mechanicsburg, PA 17055 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: NOLAN, PAMCIA E. PATRICIA E. NOLAN 4714 E. Trindle Road Mechanicsburg, PA 17055 Your house at 4714 E. Trindle Road, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm. 2nd FL Courthouse to enforce the court judgment of $59,280.95 obtained by LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 05-5262 1. The sale will be cancelled if you pay to LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 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 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 will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 05-5262 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) at 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 our toll free number at 1-866-413-2311 or via email at homeretention(a goldbecklaw.com. Call Judy 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 EMC-0968. All that certain tract or parcel of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described according to a survey of D.P. Raffensperger, Registered Surveyor, dated August 30, 1957, as follows: Beginning at a point on the southern line of Trindle Road, 783 feet west of the intersection of the southern line of Trindle Road with the center line of Route #A-1614, also being at the western line of lands now or formerly of Thomas C. Mitchell; thence south 25 degrees 23 minutes east along same, 150 feet to a point; thence south 68 degrees 52 minutes west, 80 feet to a point in the eastern line of a proposed 40 foot wide street; thence north 25 degrees 23 minutes west along same, 150 feet to a point on the southern line of Trindle Road, also being the southeast, corner of the intersection of Trindle Road and the hereinbefore mentioned proposed 40 foot wide street; thence eastwardly along the southern line of Trindle Road, 80 feet to a point, the place of beginning. BEING KNOWN AS,4 4 E. TRINDLE ROAD, MECHANICSBURG PA 17055 TAX PARCEL NO: 10-22-0527-146 WRIT OF EXECUTION and/or ATTACHMENT ;r.• COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5262 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK NA F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNT AFC TRUST SERIES 2000-3. AS ISSUER SUPERIOR BANK, Plaintiff (s) From PATRICIA E. NOLAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an 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 $59,280.95 L.L. $.50 Interest FROM 12/16/06 TO DATE OF SALE AT 8.2500% Atty's Comm % Due Prothy $1.00 Atty Paid $122.48 Plaintiff Paid Other Costs Date: DECEMBER 19, 2006 (Seal) REQUESTING PARTY: CW6 R. Long, onota By: Deputy Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 31 On February 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 4714 East Trindle Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 15, 2007 By: Jb Real Esta Sergeant LS :Z d i Z j3O 9001 jr . 4,. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#31 Sworn to and subscribed before me this 18th day of May 2007 A.D. Notarial Sea! Terry L. Russell, do ars Public Q Cif Harrisburg, Dnupivn d:runty mmission Expires Jas; ra 6, 2010 r. Pennsvivan;, -.if e(-ltion of Notaries N ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 20, 27 & May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place d character of publication are true. Lisa Marie Cdovne, Editor WORN TO AND SUBSCRIBED before me this 4 day of May, 2007 R;'JTA--'I '.?.. SEAL C/ L014 E. "' VDI:111, Noiary Public C _ . Coin; Y 17 REAL E"ATIC SALE NO. Sl Writ No. 2005-5262 Civil LaSalle Bank NA f/k/a LaSalle National Bank, in its capacity as Indenture Trustee Under that Certain Sale Servicing Agreement Dated October 1, 2000 Among AFC Trust Series 2000-3, as Issuer, Superior Bank VS. Patricia E. Nolan Atty.: Joseph Goldbeck All that certain tract or parcel of land situate in Hampden Township, Cumberland County, Common- wealth of Pennsylvania, more par- ticularly bounded and described according to a survey of D.P. Raffensperger, Registered Surveyor, dated August 30, 1957, as follows: Beginning at a point on the south- ern line of Trindle Road, 783 feet west of the intersection of the southern line of Trindle Road with the center line of Route #A-1614, also being at the western line of lands now or formerly of Thomas C. Mitchell; thence south 25 de- grees 23 minutes east along same, 150 feet to a point; thence south 68 degrees 52 minutes west, 80 feet to a point in the eastern line of a proposed 40 foot wide street; thence north 25 degrees 23 minutes west along same, 150 feet to a point on the southern line of Trindle Road, also being the southeast, corner of the intersection of Trindle Road and the hereinbefore mentioned pro- posed 40 foot wide street; thence eastwardly along the southern line of Trindle Road, 80 feet to a point, the place of berg. BEING KNOWN AS 4714 E. TRINDLE ROAD, MECHANICS- BURG PA 17055. TAX PARCEL NO: 10-22-0527- 146. GOLDBECK WCAFFERTY & WKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I. D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attomev for Plaintiff LASALLE BANK NA F/KIA LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE SERVICING AGREEMENT DATED OCTOBER 1, 2000 AMOUNG AFC TRUST SERIES 2000-3, AS ISSUER, SUPERIOR BANK 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County Docket No. 05-5262 PATRICIA E. NOLAN 4714 E. Trindle Road Mechanicsburg, PA 17055 Defendant PRAECIPL TO VACATE JUDGMEW TO THE PROTHONOTARY: Kindly vacate the judgment upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE (e v C> `?l1 C ) rv C c? r+- t cr) rr- ~? 4 `- . ?? C. ' p, n 41 1 n f? S n 1