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Home My WebLink About06-0761 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNI;;Y I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PIIILADELPIIlA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS Of THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 1270 Northland Drive, SIc. 200 Mendola [[eights, MN 55120 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintitt VS. ACTION OF MORTGAGE FORECLOSURE DEBRA C. ROTZ RICHARD G. ROTZ Mortgagors and Real Owners 36 Koser Lane Shippcnsburg, P A 17257 Defendants Tenn CIVIL ACTIOTf:.MORTGAGE FOfI~L08UM . ~ O~-7/P1 c,u~l ~ 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 twcnty (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 LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER. 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 A venue Carlisle, P A 17013 A VI SO 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 PARTfCIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR PEL 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 IMPORT ANTES. USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. Sf 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 PAGARLE A UN ABOGADO, ESTA OFlCINA 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 A venue Carlisle, P A 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMA nON 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 bc able to SAVE YOUR HOME FROM FORECLOSURE. I). Call an attorney. For referrals to a qualitied attorney call either of the following numbers: 717-243- 9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 tor free counseling. 3). Visit HUD'S website www.hud.gov tor Help for Homeowners Facing tbe Loss of Their Homes. 4). Call the Plaintiff (your lender) at 651-234-3747 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 payotfthe mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The tigure and/or package you requested will be mailed to the address that you request or faxed if you leavc a message with that intonnation. The attorney in charge of our linn's Homeowncr Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reterencc our Attorney File Number of SPS-0557. Para inlonnacion en espana! puede communicarsc con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE I. P,Iaintiff is THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2,1270 Northland Drive, Ste. 200, Mendota Heights, MN 55120. 2. The names and addresses of the Defendants are DEBRA C. ROTZ, 1084 Pinola Road, Shippensburg, P A 17257 and RICHARD G. ROTZ, 1084 Pinola Road, Shippensburg, P A 17257, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On July 23, 1999 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to DECISION ONE MORTGAGE, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1559, Pagc 916. The mortgage has been assigned to THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFlCA TES, SERIES 2001-2 by assignment of Mortgage which assignment is lodged for recording. The Mortgage and assignment(s) are matters of public record and arc 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 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 October 28, 2004 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 0912812004 through 02/2812006 at 9.6000% Per Diem interest rate at $ I 9.89 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 10/28/2004 to 02/28/2006 Monthly latc charge amount at $33.42 Costs of suit and Title Search Escrow Advance Fees Recoverable Balanec Suspense Balancc $75,639.95 $10,322.91 $3,782.00 $568.14 $900.00 $1,085.53 $61.14 $10.35 -$4.14 $92,365.88 7. tfthe 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 requcsted 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 cvent the Property is sold to a third party purchaser at Sherifrs Sale or ifthe complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintillis not seeking ajudgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separatc Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceedi.ng, 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 toreclose 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 certitied and regular mail, as required by Act 160 of 1998 ofthe Commonwealth of Pennsylvania, on the date(s) set torth 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 Plaintitf, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counscling Agency. WHEREFORE, PlaintitY demands a de terris judgment in mortgage toreclosure in the sum of $92,365.88, together with interest at the rate of $19.89, per day and other expenses, costs and charges incurred by the Plaintitfwhich arc properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law ""'it U" "0""'''' "poid '" full, .,d ~: ili, ["'~ "" ,,[ Za'" 2 ,od Sh,,' f', Solo "m, Pmp,"y, GO ER By: J SEPH \1\. GOLDBECK, JR., ESQUIRE Ano NEY FOR PLAINTIFF 'mBIF_ICATlON I, \To;:~;pph J\.. G()ld:U(=~ck Jr., 'eOC' ,--,,--, 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: l3-0k> ) /J /r!;! 'lIJI .!/'p"L. [, (cQ}f{t t;t' _ . _L.l___ _ _____ 1._ -- -fJ--- ~-- p,~lii6it .Jl AU. 'tHA'l.' CERTAIN tract or parcel at: bnll llit.ua1:a in SOUtl1<llllpton 'l"mInllhip. ~\II'be2:'1.n4 C:OlU'lty, PanM\Y1Vanllil. ~. pu-UQllllU'ly bOUnde4 an4 a'-<.:J'ltM1cl aCQortllnq to . .urvey ..de bf 'ltU.lb.lIl A. Brindle All.Q~iateS, dated s.y 11, l'9Z, .. tollOWSI llEGIlO11Ha at an eltuUng ndl and wallb&l': in the l:'en~.l:'Un. Of ~~lp ROUte '01 (X~ar Lane) at tb. corner oC tAt $~S; tnanoe aloJ'g' A14 Lot 6-1(, 30Uth ,t 4'~eOll. 31 ainlll:ea 41> eecaOlloCla Balli: t~~.Z6 teot, to e point at th6 ~.rn rl9bt-ol-way line ~, tntfl'etatAl Rout;. 11; t:h~ along tile add nort.beX'n dQht-otwlol&Y line of Int.r.ll1:.a1:. ~~ 81 by Il qurV8 to t.bll rJ.ght naviJY!l a ra4iue ot 11,369.19 t..1: and ~ A~ langth of 50.81 feet And A MorA be.u:ln'J l'IOrt.b 40 <1ellr... 48 ai...ut... 9 ...concIlI kISt 50.n t..t to .. po.Lnt on the D4>w:t.bUJl ri9nt:-ot-..v line ..t Inilueh:t. Jlou1:e J1 at l:,.rt. '-If; tharwe 1Il.0ng .dd Lot: S-M, If_th 511 deon-M. 31 ainute. tn secon4a w..t 135.14 t.et ~ , point ~~ the canterlina Q~ Towncblp ~t. 301 (Xoaar Lana); ~ .~on9 t~. oent..l:'Un.. Oj~ 'C0WNIb1p Route 301 (Xoe,el' IAInll) I<lorth 30 ...... 'la .1nut.. 20 ."Qo:ndlJ ...t. 10.0 f..t to the WISt:1"9 nail llII4 wa.nu in "0WI'I.h1~ SIoIlt.e 301 (xo..... t.ane), tba plac. of BlGtM1ltNC. BlUNt; LOt. )lo. B-L on Pl.... of. flhi1'P4l'''bW:'9 O.VtllClper.. B\ll1M~", 1_., racor4c4 in 1.>1,," lOOk &3. 1>1>98 4'1, eu.llarlaml COI:Onty l'acoril.. aNt <:ontfl1n1>>9 0.1'0 lIa1'8e. CEx:/ii6it (B ACT 91 NOTICE DATE OF NOTICE: December 30, 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 thc attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, 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 lIamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el program a lIamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 1 Date: December 30, 2005 TO: DEBRA C. ROTZ Homeowners Name: DEBRA C. ROTZ and RICHARD G. ROTZ Property Address: 36 Koser Lane, Shippensburg, P A 17257 Loan Account No.: 8785103931 Original Lender: DECISION ONE MORTGAGE Current LenderlServicer: SELECT 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 ofthis 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 DEFAUL Tn, EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one ofthe consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thiliy (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 2 forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for 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 wi Il 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 (Brin!! it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 36 Koser Lane, Shippensburg, P A 17257 IS SERIOUSLY IN DEF AUL T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 (a) Monthly payment from 10/28/2004 thru 12/30/2005 (15 mos. at $668.35/month) $10,025.25 (b) Late charges from 10/28/2004 thru 12/30/2005 $100.26 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (cl TOTAL AMOUNT REQUIRED AS OF THIS DATE: $10,125.51 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $ 10,125.51 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavrnents must be made either bv cashier's check, certified check or money order made pavable and sent to: SELECT PORTFOLIO SERVICING LOSS MITIGATION DEPARTMENT 3815 South West Temple Salt Lake City, UT 84115 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 ri!!hts to accelerate the mort!!al!e debt. This means that the entire outstanding balance ofthis 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 mort!!a!!ed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay offthe 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, 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 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 anv time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due, plus anv late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writing by the lender and 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. 4 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 Sheriff's Sale will be sent to you hefore 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: SELECT PORTFOLIO SERVICING Address: 3815 South West Temple Salt Lake City, UT 84 I 15 Phone Number: 888-818-6032 Contact: Loss Mitigation Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. 5 * 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: 888-818-6032 6 , . PENNSYL Y ANIA 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 21 07 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPIT AL REGION ] 514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, P A 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 . xJ D "'9. ~ (n ij V) ~ LI\ - ~ ~ 0- ~ "'-l f' ?=- 0- r: t --..l... ::~ --'\-1 g ~: ;=', V) L~J I_',.,;,;~-.i;t , ~\ 0' -,') (-:-': .~ :iJ ~~:- :'""- C.. GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY LD. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Term No. 06-761 Plaintiff vs. DEBRA C. ROTZ RICHARD G. ROTZ 36 Koser Lane Shippensburg, PA 17257 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned maher. GOLDBECK, McCAFFERTY & McKEEVER ~,q~~------- By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff ...... c - In the Court of Common Pleas of Cumberland County ----' THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs. DEBRA C. ROTZ RICHARD G. ROTZ (Mortgagor(s) and Record Owner(s)) 36 Koser Lane Shippensburg, P A 17257 No. 06-761 Defendant( s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against DEBRA C. ROTZ and RICHARD G. ROTZ by default for want of an Answer. Assess damages as follows: Debt $93,015.89 Interest - 09/28/2004 to 03/31/2006 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 file this praecipe was mailed or 1 red to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurre and t least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 AND NOW A'CIfl; l ~p, ,JO{) to ,Judgment is entered in favor ofTHE BANK OF NEW YOR , S TRUSTEE R THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 and against DEBRA C. ROTZ and RICHARD G. ROTZ by default for want of an Answer and damages 0..... m "" ~ 0"".''''''"'' "" ..." 000;,,,000 ~ (u . Prothonot SPS-0557 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: March 20, 2006 TO: RICHARD G. ROTZ 1084 Pinola Road Shippensburg, P A 17257 In the Court of Common Pleas of Cumberland County THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55] 20 CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. DEBRA C. ROTZ RICHARD G. ROTZ (Mortgagor(s) and Record Owner(s)) 36 Koser Lane Shippensburg, PA 17257 Term No. 06-761 Defendant(s) TO: RICHARD G. ROTZ 1084 Pinol. Road Shippensburg, P A 17257 IMPORTANT NOTTCf;', YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AITORNEY 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 NOT]CE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGffiLE 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 JOSi'pfi)if qO{dbRC~ Jr GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philade]phia, PA 19106 215-825-6318 SPS-0557 . , Tms 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. DA IE OF TIllS NOTICE: March 20, 2006 TO: DEBRA C. ROTZ 30 S. Washington Street Shippensburg, P A 17257 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 200]-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. DEBRA C. ROTZ RICHARD G. ROTZ (Mortgagor( s) and Record Owner( s)) 36 Koser Lane Shippensburg, P A 17257 Term No. 06-761 Defendant(s} TO: DEBRA C. ROTZ 30 S. Washington Street Shippen,burg, P A 17257 TMPORT ANT NOTTeR YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN 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 TillS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT IllRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TillS OFF]CE 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 Josepfi)~ qord6i'C~", Jr GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19]06 215-825-6318 SPS-0557 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 TIllS NOTICE: March 20,2006 TO: RICHARD G. ROTZ 36 Koser Lane Shippensburg, PA 17257 THE BANK OF NEW YORK, AS TRUSTEE FOR TIlE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 1270 North]and Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. DEBRA C. ROTZ RICHARD G. ROTZ (Mortgagor(s) and Record Owner(s)) 36 Koser Lane Shippensburg, P A 17257 Term No. 06-761 Defendant(s} TO: RICHARD G. ROTZ 36 Koser Lane Shippensburg, P A 17257 IMPORTANT NOTICIi'. YOU ARE IN DEFAIJLT 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 mE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TillS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER, GO TO OR TELEPHONE mE OFF]CE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT mRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TillS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES lHAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8ltvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNfY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 G B cph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite SOOO - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 SPS-0557 TIllS 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. DA 1E OF TIllS NOTICE: March 20, 2006 TO: DEBRA C. ROTZ 36 Koser Lane Shippen.burg, P A 17257 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. DEBRA C. ROTZ RICHARD G. ROTZ (Mortgagor( s) and Record Owner( s)) 36 Koser Lane Shippensburg, PA 17257 Term No. 06-761 Defendant(s) TO: DEBRA C. ROTZ 36 Koser Lane Shippen.burg, P A 17257 TMPORTANTNOTTCF. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 WITIIIN TEN (lO) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFF]CE 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 S Irvinc: Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle.PA 17013 G B A Goldbeck, Jr.. Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center 701 Mar!<el S_ Philadelphia,PA 19106 215-627-1322 Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff No. 06-761 vs. DEBRA C. ROTZ RICHARD G. ROTZ (Mortgagors and Record Owner(s)) 36 Koser Lane Shippensburg, P A 17257 Defendant( s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT ' OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned ~~r red against you. ~."'Lon Prothonotary By: Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 G0LDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PAl 9106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION LAW DEBRA C. ROTZ RICHARD G. ROTZ (Mortgagor(.) and Record owner(.)) 36 Koser Lane Shippensburg, P A 17257 ACTION OF MORTGAGE FORECLOSURE No. 06-761 Defendant( s) ORDER FOR JUDGMENT Please enter Judgment in favor of THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2, and against DEBRA C. ROTZ and RICHARD G. ROTZ for failure to file an Answer in the above action withi (20) days (or sixty (60) days if defendant is the United States of America) from the date of service ofth 0 plaint, i he sum of$93,015.89. I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-21270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 and that the name(s) and last known addressees) of the Defendant(s) is/are EBRA C. ROTZ, 30 S. Washington Street Shippensburg, PA 17257 and RICHARD G. ROTZ, 1084 Pi a R ad Shippensburg, PA 17257; GOLDBE K BY: Josep A. oldbeck, Jr. Attorney for Plaintiff ASSESSMENT OF DAMAGES . TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $75,639.95 Interest from 09/28/2004 through $10,939.50 03/3112006 Reasonable Attorney's Fee $3,782.00 Late Charges $601.56 Costs of Suit and Title Search $900.00 Escrow Advance $1,085.53 Fees $61.14 Recoverable Balance $10.35 Suspense Balance -$4.14 Total $93,015.89 GOLDBECK BY: Joseph A. old ck, Jr. Attorney for Plaintiff AND NOW, this d2P~y of rf r~' L ,2006 damages are assessed as above. ero,~A~ ~ ~ ...0 e:- N <:) ~ () L ~ -cJ - - r r ('\ ~ r ....z ~ -:c ~ 'W ""'=:> t )V 0" u -..a -..c: - ~ ------ . . r:::?, 0 (; ~:::::) '11 ~ en ~ ~ f11 :;:.:;,! f",) CO :.::~ -"'" \-? (..,,-" \..C .. 4' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney 1.0.#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 Mendota Heigbts, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW DEBRA C. ROTZ RICHARD G. ROTZ Mortgagor(s) and Record Owner(s) 36 Koser Lane Shippensburg, P A 17257 ACTION OF MORTGAGE FORECLOSURE No. 06-761 Defendant( s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $93,015.89 Interest from 09/28/2004 to 03/31/2006 at 9.6000% (Costs to be added) CAFFERTY & McKEEVER BY: Ios h A. oldbeck,Ir. Attorney or laintiff ~ ~ ~ ~ ~ ;c;~ e'1 u "01"00 1-<' o 7.~ S U ~ I-< ~ ~ txle g~ \>l';i".' \l.\~- 1-<_0 "'~o 0:;"'''' Ct.",,,, \-<<Q~ ~U\l.\ -u'" >1,0 - ~\ll~ ",\>l'4. ",p~ ?",,,,,o... -0- 7.",';4 1QCt.\ll ~~u ~6 tll:c. ~ I- ~ "' ,. ;:::: '" ...... '" ~N~ % l:d.b-aQ)- N~'&~< t-' . <.),...lp... ~<:)~\A.;n t5%~~~ ~P:;3~~ ~~~ ~ o ~ '" t:- o b ~ .. I-< ;> a~ IQ~ ~~ ~~ I"o~ I-' ~ U ~ 0. CJ'" ",-.. 0'" G: '.-~:;i' :5 - ",D: -J:- -+ ' \ ' , d. ~ v I ~ ~1 , ('- ~CJ~ ~ ~~~~(:)%~~~ . " . Lil \i) ~ ?;: '" ~ '\/) '~ -t;;. ~ . I I) <i, '- '-"J -..... 0':> N c:: C-- ..:;: ~'" ,,~:,,;:' ~ ~ , ; '~>;, :5 o . .. .. \ ~ '" ...'a ~8 $ " '$. 'e. "" "" 0 ~~~~M ~ g.5;<~ t:..g~p...~ ..,s ~i~ =~'ia~~ ~:3~.Et-n U"i)~<\l,.-o u~_~N ...",,0_ ~\r-'.a -to ~ "0 ~~ 'Q" Y;,J:a '" 1 Jl J ( t' " 6~ -.9 0." Il- t' ~ ~ ~ t:-( ~ ~ ~ t-- <::::J ~ ~ 21 ~ '<:::I Ii. ---.. . c.) <:;:, ~ "') ~ All that certain tract or parcel of land situate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey made by William A. Brindle Associates, date May 12, 1992, as follows: Beginning at an existing nail and washer in the centerline of Township Route 301 (Koser Lane) at the corner of/ot 5-x; thence along said lot 5-x, south 59 degrees, 31 minutes 40 seconds east] ] 4.26 feet, to a point at the northern right of way line ofInterstate route 81; thence along the said northern right of way ofInterstate Route 81 ;thence along the said northern right of way line ofInterstate Route by a curve to the right having a radius of I] ,369.] 9 feet and an arc length of 50.82 feet and a chord bearing north 40 degrees 48 minutes 9 seconds east 50.82 feet to a point on the northern right of way line of Interstate Route 8] at lot 5-M; thence along said lot 5-M, north 59 degrees 31 minutes 40 seconds west 135.14 feet to a point in the centerline of Township Route301 (Koser Lane); thence along the centerline of Township Route 30] (Koser Lane) north 30 degrees 28 minutes 20 seconds east 50.0 feet to the existing nail and washer in Township Route 301 (Koser Lane), the place of beginning. Being lot NO, 5-L on plan of Shippensburg Developers Builders, Inc., recorded in plan book 63, page 47, Cumberland County Records, and containing 0.160 acres. MUNICIP AUTY: SOUTHAMPTON TOWNSHIP PROPERTY ADDRESS: 36 KOSER LAND, SHlPPENSBURG, P A ] 7257 TAX PARCEL #: 39-36-2428-042 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N006-761 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, intefest and costs due The Bank of New York, as Trustee for the Holders of the EQCC Asset Backed Certificates; Series 2001-2 1270 Northland Drive Ste. 200 Mendota Heights, MN 55120 Plaintiff (s) From Dehra C. Rotz Richard G. Rotz 36 Koser Lane, Shippenshurg, P A 17257 (1) You are directed to levy upon the properly of the defendant (s)and to sell See legal description. (2) You are also directed to attach the properly 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 Of fOf the account of the defendant (s) and from delivering any properly of the defendant (s) or otherwise disposing thereof; (3) If properly 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 hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $93,015.89 Interest from 9/2812004 to 3/31/2006 at 9.6000% Atty's Comm % Atty Paid $340.20 Plaintiff Paid Date: April 28, 2006 L.L.$.50 Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name Goldbeck McCafferty & McKeever Joseph A. Goldbeck, Jr. Address: Snite 5000 - Mellon Independence Center 701 Market Street, Philadelphia, PA 19106 Attorney for: Plaintiff Telephone: 215-627-1322 Supfeme Court ID No. 16132 Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 5000 ~ Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55 I 20 Plaintiff vs. DEBRA C. ROTZ RICHARD G. ROTZ Mortgagor(s) and Record Owner(s) 36 Koser Lane Shippensburg, P A 17257 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 06-761 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I arn the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of I 983 an e Plaintiff has complied with all the provisions of the Act. Joseph Attome 0 r" () ;::~ ~. ,.~<-;;:> -n ,:.:J-' ~ :;1 :;G N OJ ?::"'" ,..;:;.. " ...p, (~.. -~,'" f._ ._" ,-", -~ \.0 Goldbeck McCafferty & McKeever BY; JO'eph A. Goldbeck, Jr. A.ttorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW DEBRA C. ROTZ RICHARD G. ROTZ (Mortgagor(s) and Record Owner(s)) 36 Koser Lane Shippensburg, P A 17257 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-761 AFFIDAVIT PURSUANT TO RULE 3129 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIfiCATES, SERIES 2001-2, 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: 36 Koser Lane Shippensburg, P A 17257 I.Name and address of Owner( s} or Reputed Owner( s): DEBRA C. ROTZ 30 S. Washington Street Shippensburg, P A 17257 RICHARD G. ROTZ 1084 Pinola Road Shippensburg, P A 17257 2. Name and address of Defendant(s) in the judgment: DEBRA C. ROTZ 30 S. Washington Street Shippensburg, P A 17257 RICHARD G. ROTZ 1084 Pinola Road Shippensburg, P A 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELA nONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 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: CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 CITIFINANCIAL, INC. 244 S. Fayette Street Shippensburg, P A 17257 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/OCClJP ANTS 36 Koser Lane Shippensburg, P A 17257 (attach separate sheet if more space is needed) 1 veritY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made sub'ect to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: April 24. 2006 .- o S .~ '" ~ ".:;::> cr' "'" -0 ::;:>::J 1'.' C') 'P. (~) \.0 , .. 06-761 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED IN THE COURT OF COMMON PLEAS CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 of Cumberland County Mendota Heights, MN 55120 Plaintiff CIVIL ACTION - LAW vs. DEBRA C. ROTZ RICHARD G. ROTZ Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 36 Koser Lane Shippensburg, PAl 7257 Term No. 06-761 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: ROTZ. DEBRA C. DEBRA C. ROTZ 30 S. Washington Street Shippensburg, P A 17257 Your house at 36 Koser Lane, Shippensburg, P A 17257 is scheduled to be sold at Sheriffs Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$93,015.89 obtained by THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 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 inunediate action: ... 06-761 '" I. The sale will be cancelled if you pay to THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings_ You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff 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 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 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, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 ... ~ Cl ....., 0 o::::::J ~ c::;) "n ,,~ ~ .--{ i-: ::r: ~ nl r'~ ~~ c::..: N co Co, J';-:..,' -.,"", UJ ~)jTt -' -\~ W ::1~" <D .-< ~' 06-761 ,,- GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED IN THE COURT OF COMMON PLEAS CERTlFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 of Cumberland County Mendola Heights, MN 55120 Plaintiff CIVIL ACTION - LAW vs. DEBRA C. ROTZ RICHARD G. ROTZ Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 36 Koser Lane Shippensburg, PA 17257 Term No. 06-761 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: ROTZ. RICHARD G. RICHARD G. ROTZ 1084 Pinola Road Shippensburg, P A 17257 Your house at36 Koser Lane, Shippensburg, P A 17257 is scbeduled to be sold at Sheriffs Sale on Wednesday, September 06,2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$93,015.89 obtained by THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 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: ~" r" 06-761 I. The sale will be cancelled if you pay to THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERJES 2001-2, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may 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 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, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, P A 17013 ....' z~ ~ ?O . Q, -,. ..... :r: -rJ ~;s;~. N 0) )/.. "1"~ :::.- \-::;::-. ,.~hC) ~\ ......"Y CD :..<: u:' ., "'" u;; , .~ 06-761 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED IN THE COURT OF COMMON PLEAS CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 of Cumberland County Mendota Heights, MN 55120 Plaintiff CIVIL ACTION - LAW vs. DEBRA C. ROTZ RICHARD G. ROTZ Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 36 Koser Lane Shippensburg, PA 17257 Term No. 06-761 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: ROTZ. DEBRA C. DEBRA C ROTZ 36 Koser Lane Shippensburg, P A 17257 Your house at 36 Koser Lane, Shippensburg, P A 17257 is scheduled to be sold at Sheriffs Sale on Wednesday, September 06,2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$93,015.89 obtained by THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 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: .. 06-761 I. The sale will be cancelled if you pay to THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERJES 2001-2, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the 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 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 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, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 () c; c-.> = C.-::. ~';;T" ~,. -.~, v ,v N co c.) ''1'\ ---l rii:D r ~('ll-:'1 "'?~:-; - (~1 ::r,7" .,:> ;~~; .~ :.. J 01"11 5~ :-n -< ->'''' UJ W ...0 .,. - 06-761 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0.#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, P A 19106-1532 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED IN THE COURT OF COMMON PLEAS CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 of Cumberland County Mendota Heights, MN 55120 Plaintiff CIVIL ACTION - LAW vs. DEBRA C. ROTZ RICHARD G. ROTZ Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 36 Koser Lane Shippensburg, P A 17257 Term No. 06-761 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: ROTZ. RICHARD G. RICHARD G. ROTZ 36 Koser Lane Shippensburg, P A 17257 Your house at 36 Koser Lane, Shippensburg, P A 17257 is scheduled to be sold at Sheriffs Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$93,015.89 obtained by THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 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: .- ,. 06-761 I. The sale will he cancelled if you pay to THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. Yau may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd 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 Sberiff 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, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 _:::; ':: '-' '/."'" ~g :2 rJ) .~ '1) .< 0 ...., ~ ~ 0 {.-.::;~ <,..,.... .1 1'- .,,::.... .--1 r -':;:1 :r: :;:J I'll ;r ", r~': CO '--- ....... '.leJ ~._j ;~::: 5; :::(l V) ~.n lD -< SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00761 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS ROTZ DEBRA C 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 ROTZ DEBRA C but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , ROTZ DEBRA C 36 KOSER LANE SHIPPENSBURG, PA 17257 36 KOSER LANE IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 17.60 5.00 10.00 .00 50.60 ,O~ R. Tuo as Kli e Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 04/17/2006 Sworn and subscribed to before me this it.#.... :LaO(p day of ~I , SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00761 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS ROTZ DEBRA C 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 ROTZ RICHRD G but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , ROTZ RICHRD G 36 KOSER LANE SHIPPENSBURG, PA 17257 36 KOSER LANE IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 ,O~ R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 04/17/2006 Sworn and subscribed to before me this {{ "'; day of ~"J;~ Pro onot~ /vLMJ ( . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00761 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS ROTZ DEBRA C ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ROTZ DEBRA C but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On April 17th, 2006 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 100.00 .00 125.00 04/17/2006 GOLDBECK MCCAFFERTY MCKEEVER erland County Sworn and subscribed to before me this flU. J {)c> (, day of ~ ~.~ (pr~l SHERIFF'S RETURN - OUT OF COUNTY ~ CASE NO: 2006-00761 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS ROTZ DEBRA C ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ROTZ RICHARD G but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, pennsylvania, to serve the within COMPLAINT - MORT FORE On April 17th, 2006 , this office was in receipt of the attached return from FRANKLIN Sheriff1s Costs: Docketing Out of County Surcharge So answers' 6.00 .00 10.00 .00 .00 16.00 04/17/2006 GOLDBECK MCCAFFERTY R. homas Kline Sheriff of Cumberland MCKEEVER Sworn and subscribed this j (~ day of . )-of" to before me (\M;y ~i ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-00761 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS ROTZ DEBRA C ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROTZ DEBRA C the DEFENDANT , at 1340:00 HOURS, on the 24th day of February, 2006 at 30 S WASHINGTON STREET SHIPPENSBURG, PA 17257 by handing to SHAWN BRUNDZO, NEPHEW ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 17.60 .00 10.00 .00 45.60 .~~-~ R. Thomas Kline 02/27/2006 GOLDBECK MCCAFFERTY MCKEEVER me this A.D. Sworn and Subscribed to before of SHERIFF1S RETURN - NOT SERVED Cr",.\<('f~,'c'"("(.<?,,,,J CoV(\.L;-\J -$- 0(" - 1 ~ \ - CASE NO: 2006-00028 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN THE BANK OF NEW YORK ET AL VS DEBRA C. ROTZ ET AL J ROBY BACKENSTO , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: ROTZ DEBRA C but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT-MORT FORECLS NOT SERVED , as to the within named DEFENDANT , ROTZ DEBRA C 1084 PINOLA ROAD SHIPPENSBURG, PA 17257 MOVED TO 30 WASHINGTON STREET SHIPPENSBURG PA 17257 Sheriff1s Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 ex ~<<..u.k<>",.,{o, ~.~'H- GOLDBECK MCCAFFERTY MCKEEVER 04/10/2006 Sworn and subscribed to before me this to cltra/e r --= _D.~ I'\oIIlII: CIloo,.......... _, Fr .. ~ _ Cool" .lllJn.....~.,2I.* of Notary SHERIFF'S RETURN - REGULAR C'j\'i'\;",,!,,~d "* 0(,,-1<'>( (r,v{'\4-I...( ~ CASE NO: 2006-00028 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN THE BANK OF NEW YORK ET AL VS DEBRA C. ROTZ ET AL KENNETH W. HALL , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT-MORT FORECLS was served upon RICHARD G. ROTZ the DEFENDANT , at 0016:45 Hour, on the 13th day of February, 2006 at 1084 PINOLA ROAD SHIPPENSBURG, PA 17257 by handing to RICHARD GROTZ a true and attested copy of COMPLAINT-MORT FORECLS together with and at the same time directing His attention to the contents thereof. Sheriff1s Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 .00 .00 .00 .00 KENNETH W. HALL By ;!.~ ;~~&,.?~ O.(? eputy Sher ff ---- 02/16/2006 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before \VI me this ) I 0 day of "\e1'ltO~ d=t~ A.D. ii~Q;~ . Nota,ry. . -- ~D.__.-'- Ql....b..IIl..-.-:-::, .., C_. 1 . . EloIIINO ..... . L GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0.#16132 Suite 5000 - Mellon Independence Center 70 I Marl<et Street Philadelphia, PA 19106-1532 215-627-1322 Attorn for Plaintiff THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 Mendola Heights, MN 55120 SPS-0557 CF: 02/06/2006 SD: 09/06/2006 $93,015.89 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE DEBRA C. ROTZ RICHARD G. ROTZ Mortgagor(s) and Record Owner(s) Term No. 06-761 36 Koser Lane Shippensburg, P A 17257 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Ps.R.C.P. 3129.2 (e) (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: ( ) Personal Service by the Sheriffs Office/competent adult (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. ... CompIele IIeme 1, 2. III'Id 3. Also cOrnjM!j" , Item 4 n ReeIriaIed Delivery Is deoIred. . Prtnt your neme III'Id acl<I.- on the reverse 80 that we can return the card to you. . Attach this card to the back of the rnaII~. . or on the front W space permits. 1.__to: SPS-0557 9106 x =- B. _1Iy {~NetnfI/./ c. Det8 01 00IMlry 1 (' G- IG<,>-l ~ -I -oL" , . Iodollvory__llombm1? ~ . WYES._doINwy__ ~ "" ROTZ, RICHARD G. 1084 PlnoI. Road Shlppenaburg, PA 17257 j 2. _ Number (TIrJnsfw 110m -libel). PS Fcrm 3811. ~ 2004 'f-e 3. SeMce 1YPe III CertIIIed _ 0 E>qna- o Rt.gIolelod 0 Rolum RIcoIptlor__ o I_MeI1 0 C.O.D. . 4. _ DeIMKy'I (6clI8 Fee) C Yeo .........1. *7005311nnnn'nn~7'07'. . ____pi '. '~1'" . domplete Items 1. 2. and 3. Aloo complete Item 4 W RestrICted Delivery Is deoIred. . Print your neme III'Id eddr<l8S on the reverse 80 that we can retum the card to you. . Attach this card to the back of the mallpiece, or on the front n opace permits. 1.__to: SPS-0567 9106 . D. 10 doIIWIy _ __ 118m 11 0 Yeo WYES, onter delivery add_ b8Iow: 0 No ROTZ, DEBRA C. 30 S. Wuhlngton Street Shlppenaburg, PA 17257 3.SeMoe'1'tPe \ IV CertIIIed _ 0 E>qna M8II '\)\ . \0..' O~od 0 RolumRooelptlorMoroltandIoo rnl 0__ OC.O.D. . ~",,~_Fee) 0 v.. :; ~I"~..I. 'PS Fonn . 2004 __ -... RoooIpl' .. '1 ;..-02."'040 l 0(] r'- CI 0(] r'- rn CI CI ru CI CI CI CI .-'l .-'l rn U S Postill SerVICI' CERTIFIED MAIL RECEIPT (DomestIc Mall Only No Insurance Coverage Provided) USE - , CelIIIIocIFee Yes -... R_ Fee (EI.dI"...,Il.ntfleciuk'ed) -__Fee (Eudortlment ReqUIred) --"- $ 4i:-:;:-;: '. <,\h.... ..., \:"_. m'<:-:'-__'~ ,.........\, ".' 1''i7'.,~. ). 'Ifi,,-" .. ,'"I .~ / \.;- i" "~;:', . ",' ." " "'"i/ _____ ",0:-, ,..A'(~') '/' ,"" ./ Ul CI ' 1084 Plnoia Road ~ :~=-::r"-'s'fiIppen's151:rr'g';"-'P-,I\-'-+-T-Z-;'+-'----' 1lItji..fiii:z;1li4---..----.-.---......-...---.-----------.----...-_'_m.____m__.. .-'l .JI CI 0(] r'- rn CI CI U ~ Postill Service CERTIFIED MAIL.. RECUPT (Domestic Mall Only No Insurance Coverage Provided) OFFICIAL USE -' ru CI ~ RftIm ~Fee (Bodl.._.... RocjuIrod) CI __Fee r-=I (EI\dorIIIn..t ReqUnd) .-'l rn Yes /~~ ,/ .. c(.o\ I ,.~ .,... / '" ' ... '" " r" )/-...~~~ 7, '( ~.~ ....~ ~I: I CelIIIIocIFee --..-$ j. Ul CI ~ .~P_~~--.Q.t~B.A---Q...-m.------.--m.--.-.--------::.:=--________ ttrPOlbtNo. 30 S. Washington Street 1lItji..""'::tIK4'Sm~~em1ru,..~--;:rys;..T72'5T-m-.. Ul .-'l .-'l 0(] r'- rn CI CI us r'rl')' II """1.1(!1 CEFnlFIED MAIL RECEIPT (Domestic Mall Only, No Insurance Coverage Provided) AL USE ru CerllfIodFee CI CI _ "-Fee CI (El........_.FlecjulNd) CI '__Fee ..-:I (Elldonl8lnedl ReqUIred) .-'l rn es ....-.-...... ,/ \jhL.1J'J ~ /;:?((>: \ (~../ ~:". f1.... )'~.. \ \.....\ '''\~ z -,,: \.J_~ ...l::.. , \:,;-, LI1 ',,1'--"...... ~ g n, DEBRA C. _ r'- ~~=;:r.~'6"-.-l(trs.~T"--ran-e------.-----.-----.----.----.----- "",:-,-,=-~.-.,.s.l:lj, P./:).9.~ ~ .... ..... 0.... uri4 - "-..U-F''€Iy..-.p,lr--.j.-1'2-5-r-----.--- .....-...... $ Ul 0(] CI' 0(] r'- rn CI CI U l.;, Pn<....lll ')f" f' CF FlllF IE [) '.1AIL REcCEIPT (Domestic Mall Only No Insurance Coverage Provided) OFFICIAL _0,2.79 USE CelIIIIocIFee Yes Yes /--~ /.,1',\ ,~n:-)-"" , '{\,...,...:..-.:.:..>~~.\ "~'\ ); .,;,::~- Here.,., '.._ I';,," ; ,C I .. \,\> i ru CI C Aelum ~Fee CI (Elodl.._..n1_h8d) C Ae8trIoIIdDellveryF.. ,.; (EI.dI...t$lIlel4ReqUIred) .-'l rn \ ':.., , .l~"":;-::"-' $ 7.04 1btaI PoItage & Feee Ul CI ~ ~~r--'R-re!ti\fte----6-,-.-----..-.--.----m.---------------.--- ~~-~T-3.fi--.KQ.~~-r.....b~-n~--...__.-.m..-.--mmmm . Shippensburg, PA 17257 - Itt.\l l<'" ---------- i! ~!. ~! g! \\~ l~\ ~ l~ i ~\ . it c...l\ l~ U15~i\% ~~ \l ~t ll~ \~ ... ~!!-~ . . \ \ $ ~. .~ \~ 0 i ll~ -z, ! \8 ! ~ \\\~' ~ t a:,",,",~ I ~ 0000 g '6 8 1 ~ \ \1 i' ~ \ hU\ \ ~~\~ "6 00000 ':i?CO", ~ gS~~ --~--- ~ ~.t: \~ ~~ ~ l~~\~\\ ------------ . ---t- ---------- , '& 0:( U.....N mi~ ~\e ~ 0 ~ d).~ct It) ?U1 '. % ~\I 8 ~~i s \Ii ;a 'oht> " Fc';;~'<ii[l. ~~~N e o..Oftl,~::l U1".c.tll" o ~oa .,~ ....\-00)0 to o:~:I:O::I: c-.i ~ S UI <a t!) -;;; ~., '" o'! ~ -=-0 ... ;t~. g - g, I"- ~t .~ \~. \0 \::..... % o~ c<i \ ~\~\--\ " ~gg /\ \\\-'~~ ~J t 'V<;i\ 1 .... {~\ \l / \ ~;,,' \ ~ ~~~ \ I f ~ ",", "" 0 :;; -------- v. .....:u.IN(\ 00" 1 ~ .., Go 1 -- ~. ..---------- \ \ <Il ~ [l. ? 0., ~3 ~\ -z,'i!.. ~~ \.r .0 ,.; u> 1 l i 15 \ ~ ~ , ~ cO i 0. 'a '0 0. 1 '0 >l S ~ ~ ~ ~ C \ :s \ U ~1 \~ 1\ N b a:: ci ~ <:c ';J: (. c N "6 - ~ l!:- S '" \ u. r.: t;; l"- t'> ~ ~ 'J, u. [l. 'f1. (fl GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0.#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CNIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE DEBRA C. ROTZ RICHARD G. ROTZ Mortgagor(s) and Record Owner(s) Term No. 06-761 36 Koser Lane Shippensburg, P A 17257 Defendant( s) AFFIDAVIT PURSUANT TO RULE 3129 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001 -2, 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: 36 Koser Lane Shippensburg, PA 17257 l.Name and address ofOwner(s) or Reputed Owner(s): DEBRA C. ROTZ 30 S. Washington Street Shippensburg, P A 17257 RICHARD G. ROTZ 1084 Pinola Road Shippensburg, P A 17257 2. Name and address ofDefendant(s) in the judgment: DEBRA C. ROTZ 30 S. Washington Street Shippensburg, PA 17257 RICHARD G. ROTZ 1084 Pinola Road Shippensburg, PA 17257 . 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 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: CITIFINANCIAL MORTGAGE CO., INC. III1 Norlhpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 CITIFINANCIAL, INC. 244 S. Fayette Street Shippensburg, P A 17257 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 36 Koser Lane Shippensburg, P A 17257 (attach separate sheet if more space is needed) I verity that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: August 14, 2006 0 ,.., 0 = C = ." s: a" vLT1 ~ ~ fT1rT' c: m:D Z~T,' C') -Uh1 7' N ~- :uy (.n W (-"'I... -< =-iU l~":' -,-" ~;C -0 r.~7J 3: :,;;:.C) 4-(, <-rn :D'C: ~ ~ z 5:i :::;! .:=- \.0 -< - 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 Bank of New York Tr is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 28th day of April, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 761, at the suit ofBano of New York Tr against Debra C Rotz & Richard G is duly recorded in Deed Book No. 276, Page 4403. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this "ti'j day of -YF , A.D. ,)....00 ~ ~ 0. ~ ~ecorderofDeeds RtcDRIIr 01 Detda. Cumbenand CoIrlly, CIIIIII, PA My CGnvi....., &phi.. FiII""'GI& 2010 J . . The Bank of New York, as Trustee for the Holders ofthe EQCC Asset-Backed Certificates, Series 2001-2 VS Debra C. Rotz and Richard G. Rotz In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-761 Civil Tenn R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendant, to wit: Richard G. Rotz, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according tolaw. Franklin County Return: Now, June 26,2006 at 3:30 o'clock PM, served the within Writ of Execution upon Mr. Richard G. Rotz at 157 Lincoln Way East, Chambersburg, P A 17201 (Franklin County Sheriffs Office) by handing to Mr. Richard G. Rotz a true and attested copy of the original Writ of Execution and made known to him the contents thereof. So answers: Michael A. Urso, Deputy Sheriff. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 22,2006 at 6:11 o'clock PM, he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Debra C. Rotz, by making known unto Evelyn Brandzo, mother of defendant, at 30 South Washington Street, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 28, 2006 at 11:15 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Debra C. Rotz and Richard G. Rotz located at 6 Koser Lane, Shippensburg, Pennsylvania, 17257 according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Debra C. Rotz and Richard G. Rotz, by regular mail to their last known address of30 South Washington Street, Shippensburg, PA 17257 and 1084 Pinola Road, Shippensburg, P A 17257 respectively. These letters were mailed under the date of June 26, 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 September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck for The Bank of New York, as Trustee for the Holders of the EQCC Asset Backed Certified, Series 2001-2. It being the highest bid and best price received for the same, The Bank of New York, as Trustee for the Holders of the EQCC Asset Backed Certified, Series 2001-2 of 1270 Northland Drive, Suite 200, Mendota Heights, MN 55120, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of$1,110.08. . . Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Out of County Misc. Franklin County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed So Answers: ~~~ R. Thomas Kline, Sheriff BY<;:J~~ Real Estate rgeant $30.00 21.77 15.00 15.00 30.00 10.00 .50 1.00 35.20 15.00 30.00 9.00 100.00 365.00 348.80 19.31 25.00 39.50 $1,110.08 ~~ 1 0/ q / tJ ~ ~~ 1\ ;"IV ~v sO I. Ck.. j',f /., Y f' ~ /fftJr,/ .... , !i .. ' Goldbeck MGCaffelity & McKeever BY: Joseph A. Goldbeck, Jr. Attorney J.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW DEBRA C. ROTZ RICHARD G. ROTZ (Mortgagor(s) and Record Owner(s)) 36 Koser Lane Shippensburg, P A 17257 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 06-761 AFFIDAVIT PURSUANT TO RULE 3129 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2, 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: 36 Koser Lane Shippensburg, P A 17257 I.Name and address of Owner(s) or Reputed Owner(s): DEBRA C. ROTl 30 S. Washington Street Shippensburg, P A 17257 RICHARD G. ROTl 1084 Pinala Road Shippensburg, P A 17257 2. Name and address of Defendant(s) in the judgment: DEBRA C. ROTl 30 S. Washington Street Shippensburg, P A 17257 RICHARD G. ROTl 1084 Pinola Road Shippensburg, P A 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 , ~ I ,,' .~ PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, P A 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 CITIFINANCIAL, INC. 244 S. Fayette Street Shippensburg, P A 17257 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUP ANTS 36 Koser Lane Shippensburg, P A 17257 (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 sub' ect to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: April 24, 2006 /' i 06- 7 61 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106-1532 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED IN THE COURT OF COMMON PLEAS CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 of Cumberland County Mendota Heights, MN 55120 Plaintiff CIVIL ACTION - LA W vs. DEBRA C. ROTZ RICHARD G. ROTZ Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 36 Koser Lane Shippensburg, P A 17257 Term No. 06-761 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: ROTZ, RICHARD G. RICHARD G. ROTZ 36 Koser Lane Shippensburg, P A 17257 Your house at 36 Koser Lane, Shippensburg, P A 17257 is scheduled to be sold at Sheriffs Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $93,0 15.89 obtained by THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: i' I 06-761 I. The sale will be cancelled if you pay to THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may 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 Sheritfwithin 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 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, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 ,. i 06-761 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 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED IN THE COURT OF COMMON PLEAS CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 of Cumberland County Mendota Heights, MN 55120 Plaintiff CIVIL ACTION - LAW vs. DEBRA C. ROTZ RICI-IARD G. ROTZ Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 36 Koser Lane Shippensburg, P A 17257 Term No. 06-761 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: ROTZ. DEBRA C DEBRA C ROTZ 36 Koser Lane Shippensburg, P A 17257 Your house at 36 Koser Lane, Shippensburg, P A 17257 is scheduled to be sold at Sheriffs Sale on Wednesday, September 06,2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment 01'$93,015.89 obtained by THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: #' ~ 06- 7 61 1. The sale will be cancelled if you pay to THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the 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 Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. 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, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PAl 70 13 All that certain tract or parcel ofland situate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey made by William A. Brindle Associates, date May 12, 1992, as follows: Beginning at an existing nail and washer in the centerline of Township Route 301 (Koser Lane) at the corner of lot 5-x; thence along said lot 5-x, south 59 degrees, 31 minutes 40 seconds east 114.26 feet, to a point at the northern right of way line of Interstate route 81; thence along the said northern right of way ofInterstate Route 81 ;thence along the said northern right of way line oflnterstate Route by a curve to the right having a radius of 11,369.19 feet and an arc length of 50.82 feet and a chord bearing north 40 degrees 48 minutes 9 seconds east 50.82 feet to a point on the northern right of way line ofInterstate Route 81 at lot 5-M; thence along said lot 5-M, north 59 degrees 31 minutes 40 seconds west 135.14 feet to a point in the centerline of Township Route301 (Koser Lane); thence along the centerline of Township Route 301 (Koser Lane) north 30 degrees 28 minutes 20 seconds east 50.0 feet to the existing nail and washer in Township Route 301 (Koser Lane), the place of beginning. Being lot NO, 5-L on plan of Shippensburg Developers Builders, Inc., recorded in plan book 63, page 47, Cumberland County Records, and containing 0.160 acres. MUNICIPALITY: SOUTHAMPTON TOWNSHIP PROPERTY ADDRESS: 36 KOSER LAND, SHIPPENSBURG, PA 17257 TAX PARCEL #: 39-36-2428-042 WRIT OF EXECUTION and/or ATTACHMENT ~ COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N006-761 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due The Bank of New York, as Trustee for the Holders of the EQCC Asset Backed Certificates, Series 2001-2 1270 Northland Drive Ste.200 Mendota Heights, MN 55120 Plaintiff (s) From Debra C. Rotz Richard G. Rotz 36 Koser Lane, Shippensburg, P A 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell See legal description. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $93,015.89 Interest from 9/28/2004 to 3/31/2006 at 9.6000% Arty's Comm % Arty Paid $340.20 Plaintiff Paid Date: April 28, 2006 L.L.$.50 Due Prothy $1.00 Other Costs p,tv:~ (Seal) By: Deputy REQUESTING PARTY: Name Goldbeck McCafferty & McKeever Joseph A. Goldbeck, Jr. Address: 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 May 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 36 Koser Lane, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 17, 2006 By: Jt>~S~*-~ Real Estate Sergeant 8l :( d h - ^ VW qOOl ~ .~ ~ ~ Ga VPd J,J,1.. ,-iI iL:'; :'0;],'4 !~:rjd~I~Il~; .:1.:I1{53HS 31-11 _~iO :-:Di.:UO . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of a111egal 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: July 21, July 28, and August 4,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. S TO AND SUBSCRIBED before me this 4 day of August. 2006 NOT AR AL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Exp;res March 5. 200fl REAL ESTATE 8AL& NO. 31 Writ No. 2006-761 CiVil The Bank of New York, as Trustee for the Holders of the EQCC Asset Backed Certificates, Series 2001-2 vs. Debra C. Rotz and Richard G. Rotz Atty.: Joseph Goldbeck All that certain tract or parcel of land situate in Southampton Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and de8crlbed according to a sur- vey made by Wllliam A. Brindle As- sociates, date May 12, 1992, as fol- lows: Beginning at an existing nail and washer in the centerline of Town- ship Route 301 (Koser Lane) at the comer of lot 5-x; thence along said lot 5-x, south 59 degrees, 31 min- utes 40 seconds east 114.26 feet, to a point at the northern right of way line of Interstate route 81; thence along the said northern right of way of Interstate Route 81; thence along the said northern right of way line of Interstate Route by a curve to the right having a radius of 11,369.19 feet and an arc length of 50.82 feet and a chord bearing north 40 degrees 48 minutes 9 sec- onds east 50.82 feet to a point on the northern right of way line of In- terstate Route 81 at lot 5-M; thence along said lot 5-M, north 59 degrees 31 minutes 40 seconds west 135.14 feet to a point in the centerline of Township Route 301 (Koser Lane); thence along the centerline of Town- ship Route 301 (Koser Lane) north 30 degrees 28 minutes 20 seconds east 50.0 feet to the existing nail and washer in Township Route 301 (Koser Lane), the place of beginning. Being lot NO, 5-L on plan of Shlppensburg Developers Builders, Inc., recorded in plan book 63, page 47, Cumberland County Records, and containing 0.160 acres. MUNICIPALITY: Southampton Township. PROPER1Y ADDRESS: 36 Koser Land, Shippensburg, PA 17257. TAX PARCEL #: 39-36-2428-042. ..' ... . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its 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 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 July and the 2nd day(s) of August 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 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 S ALE #31 " CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 :>~~~;:>~. ~. I.,' " ;;." ;. i ,.'. ,> ~:., ''i(,'' "'" ,t n H' i~:~~'" '.' ..1,\" Assie:nment of Bid NO. 06-761- ROTZ 36 Koser Lane Shippensburg, P A 17257 I, Joseph A. Goldbeck, Jr., Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated September 06, 2006 to: THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-2 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 GOLDBECK MCCAFFERTY & MCKEEVER Date: September 14. 2006 ;;?'t~ JOSEPH A. GOLDBECK, JR.