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HomeMy WebLinkAbout06-4094 MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York et al. 20 Broad Street New York, NY 100059 Vs. Plaintiff, Duane L. Lebo 661 West Old York Road Carlisle, PA 17013, and Martina L. Lebo 661 West Old York Road Carlisle, PA 17013, Defendants. Attorney for Plaintiff / File No.: COURT OF COMMON PLEAS CUMBERLAND COUNTY 5-01248 No.: 0(0 - 409y tv 1 C,?'^ l CIVIL ACTION MORTGAGE FORECLOSURE (00114438} , .a NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 t00114438} C 1P4 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT Yr**YtYt***fYkft****k***kf4****4*k!t*Ytkkkkk*k***kkk*#kkkklekkk**kkk**kk*k******kk**k*k**k*k*k#k*k*k*****kk 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. {001144381 I %.A MILSTEAD & ASSOCIATES, LLC BY:Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York et al., 20 Broad Street New York, NY 10005 Plaintiff, Vs. Duane L. Lebo 661 West Old York Road Carlisle, PA 17013, and Martina L. Lebo 661 West Old York Road Carlisle, PA 17013, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. ©l? - L16Qy Clto%C- ? CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, The Bank of New York et al. (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 20 Broad Street, New York, NY 10005. 2. Defendants, Duane L. Lebo and Martina L. Lebo, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Duane L. Lebo, Defendant, resides at 661 West Old York Road, Carlisle, PA 17013. Martina L. Lebo, Defendant, resides at 661 West Old York Road, Carlisle, PA 17013. 4. On February 10, 1994, in consideration of a loan in the principal amount of $65,000.00, the Defendants executed and delivered to The Money Store Financial Co., Inc. a {00114438} Y " note (the "Note") with interest thereon at 9.99 percent per annum, payable as to the principal and interest in equal monthly installments of $569.94 commencing February 10, 1994. 5. To secure the obligations under the Note, the Defendants executed and delivered to The Money Store Financial Co., Inc. a mortgage (the "Mortgage") dated February 10, 1994, recorded on February 15, 1994 in the Department of Records in and for the County of Cumberland under Mortgage Book 1196, Page 536. Mortgage was assigned to Wachovia Bank, National Association, recorded November 01, 2004 in Book 712 and Page 3469. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is the proper party plaintiff by way of an assignment of mortgage to be recorded. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 661 West Old York Road, Carlisle, PA 17013. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due February 15, 2004, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance ofPrincipal $61,281.97 Accrued but Unpaid Interest from 2/15/04 to 7/18/06 @ 9.99% per annum ($16.77 per diem $15,405.43 Accrued Late Charges $855.00 Escrow Advance $9,935.27 Title Search Fees $350.00 Reasonable Attorne 's Fees $1,250.00 TOTAL as of 07/18/2006 $89,077.67 {001144381 I „- J- Plus, the following amounts accrued after July 18, 2006: Interest at the Rate of 9.99 per cent per annum ($16.77 per diem); Late Charges of $28.50 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 661 West Old York Road, Carlisle, PA 17013 as well as to address of residences as listed in paragraph 3 of this document on January 31, 2006, the notice pursuant to ' 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $89,077.67, plus the following amounts accruing after July 18, 2006, to the date of judgment: (a) interest of $16.77 per day, (b) late charges of $28.50 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. TES, LLC Pina S. WertzKjgltr, Esquire Attorney for Pl intiff {00114438} . R -1k VERIFICATION I, Pina S. Wertzberger, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff s behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief This verification is made subject to the penalties of 18 Pa. C.S. ' 4904, relating to unworn falsification to authorities. Name: Pina S. "rkberger, Esquire Title: Attorney u {00114438} .,,,.. A LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF DICKINSON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWSs ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS THEREIN ERECTED SITUATE IN THE TOWNSHIP OF DICKINSON, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE PUBLIC ROAD KNOWN AS THE YORK ROAD (PENNSYLVANIA ROUTE 174) 12 FEET WEST OF THE PROPERTY LINE OF LAND NOW OR FORMERLY OWNED BY RAYMOND J. WISS, ET AL.; THENCE PARALLEL TO SAID PROPERTY LINE NORTH 7 DEGREES 30 MINUTES WEST 216.65 FEET TO A PIN; THENCE SOUTH 82 DEGREES 30 MINUTES WEST 208,71 FEET TO A PIN; THENCE SOUTH 7 DEGREES 30 MINUTES EAST 216.65 FEET TO A POINT ON THE PUBLIC ROAD KNOWN AS YORK ROAD (PENNSYLVANIA ROUTE 174); THENCE NORTH 82 DEGREES 30 MINUTES EAST 208.71 FEET TO A POINT, THE PLACE OF BEGINNING, ADDRESS: 661 W OLD YORK RD,; CARLISLE, PA 17013 TAR MAP OR PARCEL ID NO.s 08-11-0297-005 JANUARY 31, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage of your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to Help save your home This notice explains how the program works. G To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELIN 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 servicing 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 legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCI0NADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO " HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DALVAR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. MORTGAGOR'S NAME: Duane L. Lebo and Martina L. Lebo MAILING ADDRESS: 661 West Old York Road, Carlisle, PA 17013 LOAN ACCT NO.: 71713267 ORIGINAL LENDER/SERVICER: The Bank of New York CURRENT LENDER/SERVICER: Interbay Funding, LLC as servicing agent for Wachovia Bank, N.A. as trustee fka First Union National Bank for Bayview Series 2002-D YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOUR MAKE FUTURE MORTGAGE PAYMENTS (00084318) IF YOU COMPLY WITH THE PROVISIONS IF 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 consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desimated consumer counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after its receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania {000843181 Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART IF THIS NOTICE IF FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 661 West Old York Road, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: 2/15/04 thru 1/15/06 at $855.25 per month = $19,670.75 Escrow Advances-$8,330.14 Recording Fees-$27.00 Interest Due-$8,603.62 TOTAL AMOUNT PAST DUE: $36,631.51 HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $36,631.51 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check or money order made payable and sent to: Regular Mail HomEa Servicine Corporation P.O. Box 96053 Charlotte, NC 28296-0053 Overnight FUNB Lockbox 96053 1525 West W.T. Harris Blvd. Charlotte, NC 28262-00 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. (00084318) IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgaged debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE - If you have no cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due, plus any late or charges then due, reasonable attorney's fees and costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing the default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately FIVE (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of the action will be by contacting the lender. HOW TO CONTACT THE LENDER: 96012 Name of Lender: HomEq Servicing Corporation Address: P.O. Box Charlotte, NC 28296-0012 Phone Number: 1-866-577-8834 EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XX may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are satisfied. Please contact: {00084318} 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 THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDER YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS TO ASSERT ANY OTER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. Michael J. Milstead, Esq. Milstead & Associates, LLC {00084318) ' This is an attempt by a debt collector to collect a debt. Any information obtained will be used for that purpose. Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume that this debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice that the debt, or any portion thereof, is disputed, this office will obtain verification of the debt and mail you a copy of such verification. Collection agencies are regulated by federal law which grants you certain rights. One of these is right to have us cease communication with you about this debt. If you ask us in writing to cease, we will. This law is administered by the Federal Trade Commission, Division of Credit Practices, Washington, DC 20580. If you request this office in writing within thirty (30) days after receiving this notice, this office will provide you with a name and address of the original creditor, if different from the current creditor. {00084318} r, a MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Chevy Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File 5.01248 The Bank of New York et al., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 064094 Civil Term Duane L. Lebo, Praecipe to Reinstate Complaint in and Morteaae Foreclosure Martina L. Lebo, Defendant(s). '. TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. .TES, LLC Attorney ID Nif 77274 N d ? - c 4 ?. ?,? fl> ? ,. . y T In? ? SY , g 2.?:- ? !jC ? CJ 1 -? T , S" C- }a 'ems.--i f'J ? ? Q r CASE NO: 2006-04094 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS LEBO DUANE L ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEBO DUANE L the DEFENDANT , at 1519:00 HOURS, on the 24th day of July , 2006 at 661 WEST OLD YORK ROAD CARLISLE, PA 17013 DUANE LEBO by handing to 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: So Answers: Docketing 18.00 Service 4.40 It° AS f Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.40 / 07/26/2006 (1 9/2 r) MILSTEAD & ASSOC Sworn and Subscibed to / By: before me this day Deputy S eriff of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04094 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS LEBO DUANE L 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 LEBO MARTINA L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , LEBO MARTINA L 661 WEST OLD YORK ROAD NOT FOUND , as to CARLISLE, PA 17013 MOVED TO FLORIDA. LEFT NO FORWARDING ADDRESS Sheriff's Costs: So answers- Docketing 6.00 Service .00 Affidavit .00 R. Thomas Kli e Surcharge 10.00 Sheriff of Cumberland County .00 16.00' MILSTEAD & ASSOC 07/26/2006 Sworn and Subscribed to before me this day of , A. D. MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York et al., Plaintiff, Vs. Duane L. Lebo, and Attorney for Plaintiff 5.01248 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-4094 Civil Term Praecipe to Reinstate Complaint in Mortgage Foreclosure Martina L. Lebo, Defendant(s). TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. LSTE SSO IATES, LLC 1 7J.1- Pina S. Wertzberger, E ire Attorney ID No. 77274 0 C: N cr% r p - - T7- Cl X -r, l ` 4r /y ? V / 1 R235 SOUTH 19TH STREET * PHILADELPHIA, PA 191Q; PHONE: (215) 546-7400 FAX: (215) 985-0169 Servlce? fk-f--w L I nc. The Bank of New York -VS- Duane L. Lebo and Martina L. Lebo COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: *"* Special Instructions B&R Control # Reference Number SERVICE INFORMATION On 15 day of September, 2006 we received the Mortgage Foreclosure for service upon Martina L. Lebo at 19106 Alice Circle Lutz, FL 33558 F ]Served Date Time Accepted By: In the manner described below. Personally served. Adult family member. Relationship is Adult in charge of residence who refused to give name and/or relationship. J Manager/Clerk of place of residence lodging Agent or person in charge of office or usual place of business Other Description of Person Age Height Weight Race Other Eg"Not Served Dati*6 Time Q4A79fp - 9- ``-?-- Not Served Information CS031129 -1 Sex Moved Unknown No Answer Vacant Other The Process Server, being duly sworn, Sworn to and subscribed before me this deposes and says that the facts set forth herein are true and correct to the best of their ?PaY Poe Dianna L. Buchner 1 D knowledge, informatio d belief. / 2° ?" Commission # pp269820 ?'/ day of T "4Expires November 24, 2007 \\ ?` ?YaNdedTroy Fain -insurance, inc. 800-3854 Process Server/Sheri Notary Public Law Firm Phone (85 )482-1400 For For Plaintiff Pina S. Wertzberger, Esquire ServeBy Date 10/6/2006 Michael Milstead, LLC Filed Date 7/19/2006 Woodland Falls Corp. Park 220 Lake Drive East #301 Cherry Hill, NJ 08002 S National Association of Philadelphia Association Professional Process Servers of Professional Process Servers COURT Court of Common Pleas of Pennsylvania COUNTY Cumberland County CASE NUMBER 06-4094 AFFIDAVIT OF SERVICE ORIGINAL 258VC Commonwealth of Pennsylvania Case Number: 06-4094 Plaintiff: The Bank of New York, et al. VS. Defendant: Duane L. Lebo, et al. For: B&R Services For Professionals Inc. County of Cumberland Common Pleas Court Received by B&R Services For Professionals Inc. on the 19th day of Septe ber, 2006 at 10:01 am to be served on Martina L. Lebo, 19106 Alice Cirple, Lutz, FL 33558. being duly sworn, depose and say that on the_ day of 2 / at xecuted service by delivering a .LtP true copy of the Civil Action Mortgage Foreclosdre and otice in accordance with state statutes in the manner marked below: ( ) INDIVIDUAL SERVICE: Served the within-named person. () SUBSTITUTE SERVICE: By serving as Pursuant to Florida Statute 48.031 (1)(a). () POSTED SERVICE: After attempting service on -/ at and on /_ at to a conspicuous place on the property described herein. ( ) OTHER SERVICE: As described in the Comments below by serving as NON SERVICE: For the reason detailed in the Comments below. MILITARY STATUS: Based upon inquiry of party served, defendant is not in the military service of the United States. COMMENTS: - -=Ski Age Sex M F Race Height Weight Hair Glasses Y N I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Subscribed and Sworn to before me on the ,/L/ay of? by the affiant who is persogally known to me.,, NO I A Y-PUBLIC Qa" PR CESS SERVER # ?? °167Sd Appointed in accordance with State Statutes B&R Services For Professionals Inc. 235 South 13th Street Service Fee Philadelphia, PA 19107 o`"?Y °?e4 a raw Ouch ner (800) 503-7400 CommisGion # DD269820 Our Job Serial Number: 2006017048 Expires November 24, 2007 °F BaWedT F ' r0y dW - . ? Bc10.3186'pynght ©1992-2005 Database Services, Inc. -Process Server's Toolbox V5.9b AFFIDAVIT OF SERVICE ? ;. ° ' ?J ?-? ?°? I 1 . --wi p ? ?-i (w? _ `a. 7 '? -r: ...,. _t ?'t_ ?, t..11 `?3 ;? ., (?'r} * SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04094 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS LEBO DUANE L 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: LEBO MARTINA L 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 November 16th , 2006 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co Postage So 18.00 9.00 e 10.00 R. 34.05 .63 71.68 fi?3 b4 11/16/2006 MILSTEAD & ASSOC ATES Sworn and subscribe to before me this day of omas Kline iff of Cumberland County A. D. In The Court of Common Pleas.of Cumberland County, Pennsylvania The Bank of New York VS. Duane L. Lebo et al 06-4094 civil SERVE: Martina L. Lebo No. Now, October 27, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA 20 , at o'clock M. served the CASE NO: 2006-00250 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN THE BANK OF NEW YORK VS MARTINA L. LEBO LEBO MARTINA L. ROBERT WOLLYUNG , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: but was unable to locate Her in his bailiwick. He therefore returns the COMP MORT FORE SHERIFF'S RETURN - NOT FOUND the within named DEFENDANT , LEBO MARTINA L. 4544 DUFFIELD ROAD NOT FOUND , as to CHAMBERSBURG, PA 17201 NOT AT THIS ADDRESS S' !.ff's Costs: lloc,keting .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answers: ROBERT WOLLYUNG ROBERT WOLLYUNG, Sheriff MILSTEAD AND ASSOCIATES LLC 11/08/2006 Sworn and subscribed to before me this day of"Q?Y11? A. D. Notary Notarial Seal D. McCarty, Notary Public [M:RiCchard bersburg Boro, Franklin County mmission Expires Jan. 29, 2007 s MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York et al. 20 Broad Street New York, NY 10005, Vs. Plaintiff, Duane L. Lebo 661 West Old York Road Carlisle, PA 17013, for Plaintiff / File N COURT OF COMMON PLEA CUMBERLAND COUNTY R No.: qoqi CIVIL ACTION MORTGAGE FORECLOSURE and Martina L. Lebo 661 West Old York Road Carlisle, PA 17013, Defendants. _j..? T FVAMfVM Aye ellt? A&A VMS# S- " (00114438) 1 P.Alik s NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 (00114438) NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. (00114438) MILSTEAD & ASSOCIATES, LLC BY:Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff The Bank of New York et al., COURT OF COMMON PLEAS 20 Broad Street CUMBERLAND COUNTY New York, NY 10005 Plaintiff, Vs. Duane L. Lebo 661 West Old York Road Carlisle, PA 17013, and Martina L. Lebo 661 West Old York Road Carlisle, PA 17013, Defendants. No.: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, The Bank of New York et al. (the "Plaintiff"), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 20 Broad Street, New York, NY 10005. 2. Defendants, Duane L. Lebo and Martina L. Lebo, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Duane L. Lebo, Defendant, resides at 661 West Old York Road, Carlisle, PA 17013. Martina L. Lebo, Defendant, resides at 661 West Old York Road, Carlisle, PA 17013. 4. On February 10, 1994, in consideration of a loan in the principal amount of $65,000.00, the Defendants executed and delivered to The Money Store Financial Co., Inc. a (00114438) note (the "Note") with interest thereon at 9.99 percent per annum, payable as to the principal and interest in equal monthly installments of $569.94 commencing February 10, 1994. 5. To secure the obligations under the Note, the Defendants executed and delivered to The Money Store Financial Co., Inc. a mortgage (the "Mortgage") dated February 10, 1994, recorded on February 15, 1994 in the Department of Records in and for the County of Cumberland under Mortgage Book 1196, Page 536. Mortgage was assigned to Wachovia Bank, National Association, recorded November 01, 2004 in Book 712 and Page 3469. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is the proper party plaintiff by way of an assignment of mortgage to be recorded. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 661 West Old York Road, Carlisle, PA 17013. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due February 15, 20044, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal $61,281.97 Accrued but Unpaid Interest from 2/15/04 to 7/18/06 @ 9.99% per annum ($16.77 per diem $15,405.43 Accrued Late Charges $855.00 Escrow Advance $9,935.27 Title Search Fees $350.00 Reasonable Attorney's Fees $1,250.00 TOTAL as of 07/18/2006 $89,077.67 {00114438) Plus, the following amounts accrued after July 18, 2006: Interest at the Rate of 9.99 per cent per annum ($16.77 per diem); Late Charges of $28.50 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(e) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 661 West Old York Road, Carlisle, PA 17013 as well as to address of residences as listed in paragraph 3 of this document on January 31, 2006, the notice pursuant to' 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $89,077.67, plus the following amounts accruing after July 18, 2006, to the date of judgment: (a) interest of $16.77 per day, (b) late charges of $28.50 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. SOCIATES, LLC Pina S. Wertzl5irg6r, Esquire Attorney for Pl ' tiff (0011443$) VERIFICATION 1, Pina S. Wertzberger, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904, relating to unsworn falsification to authorities. Name: Pina S. Wrtberger, Esquire Title: Attorney (00114438) LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF DICKINSON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWSt ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS THEREIN ERECTED SITUATE IN THE TOWNSHIP OF DICKINSON, CUMBERLAND COUNTY, PENNSYLVANIA., BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE PUBLIC ROAD KNOWN AS THE YORK ROAD (PENNSYLVANIA ROUTE 174) 12 FEET WEST OF THE PROPERTY LINE OF LAND NOW OR FORMERLY OWNED BY RAYMOND J. WISS, ET AL.; THENCE PARALLEL TO SAID PROPERTY LINE NORTH 7 DEGREES 30 MINUTES WEST 216.65 FEET TO A PIN; THENCE SOUTH 82 DEGREES 30 MINUTES WEST 208.71 FEET TO A PIN; THENCE SOUTH 7 DEGREES 30 MIN"t9TE6 EAST 216.65 FEET TO A POINT ON THE PUBLIC ROAD KNOWN AS YORK. ROAD (PENNSYLVANIA ROUTE 174); THENCE NORTH 82 DEGREES 30 MINUTES EAST 208.71 FEET TO A POINT, THE PLACE OF BEGINNING. ADDRESS: 661 W OLD YORK RD.; CARLISLE, PA 17013 TAX MAP OR PARCEL ID NO. t 09-11-0292-005 JANUARY 31, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage of your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAJ?) may be able to Help save our home. This notice a lains how the pro gam works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TBE.DATE OF THIS NOTICE Take this notice with you. when you meet with the Counseling Ag? ncy. The name address and phone number of Consumer Credit Counseling Agencies servicing amour 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 legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLA.MANDO ESTA AGENCIA. (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMIERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO " HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DALVAR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. MORTGAGOR'S NAME: Duane L. Lebo and Martina L. Lebo MAILING ADDRESS: 661 West Old York Road, Carlisle, PA 17013 LOAN ACCT NO.: 71713267 ORIGINAL LENDER/SERVICER: The Bank of New York CURRENT LENDER/SERVICER: Interbay Funding, LLC as servicing agent for Wachovia Bank, N.A. as trustee ika First Union National Bank for Bayview Series 2002-D YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOUR MAKE FUTURE MORTGAGE PAYMENTS {00084318} IF YOU COMPLY WITH THE PROVISIONS IF 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 consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTAANCE YOU BRING YOUR. MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSEMG AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in whigh the prope is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after its receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania (00084318) Dousing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART IF THIS NOTICE IF FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 661 West Old York Road, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: 2/15/04 thru 1/15/06 at $855.25 per month = $19,670.75 Escrow Advances-$8,330.14 Recording Fees-$27.00 Interest Due-$8,603.62 TOTAL AMOUNT PAST DUE: $36,631.51 HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $36,631.51 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check or money order made payable and sent to: Regular Mail HomEq Servicing Corporation P.O. Box 96053 Charlotte, NC 28296-0053 Overnight FUNB Lockbox 96053 1525 West W.T. Harris Blvd. Charlotte, NC 28262-00 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. {00084318) IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgaged debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (34) 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 THE SHERIFF'S SALE - If you have no cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or charges then due, reasonable attorney's fees and costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing the default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgage property could be held would be approximately FIVE (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of the action will be by contacting the lender. HOW TO CONTACT THE LENDER: 96012 Name of Lender: HomEq Servicing Corporation Address: P.O. Box Charlotte, NC 28296-0012 Phone Number: 1-866-577-8834 EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or XX may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are satisfied. Please contact: {0008431$} YOU MAX 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 THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE T%4ES IN ANY CALENDER YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS TO ASSERT ANY OTER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK. PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. Michael J. Milstead, Esq. Milstead & Associates, LLC (00084318) This is an attempt by a debt collector to collect a debt. Any information obtained will be used for that purpose. Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume that this debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice that the debt, or any portion thereof, is disputed, this office will obtain verification of the debt and mail you a copy of such verification. Collection agencies are regulated by federal law which grants you certain rights. One of these is right to have us cease communication with you about this debt. If you ask us in writing to cease, we will. This law is administered by the Federal Trade Commission, Division of Credit Practices, Washington, DC 20580. If you request this office in writing within thirty (30) days after receiving this notice, this office will provide you with a name and address of the original creditor, if different from the current creditor. {00084318} n .Q , I r't'l „'f IR E MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff 5.01248 The Bank of New York et al., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 06-4094 Civil Term Duane L. Lebo, CIVIL ACTION and MORTGAGE FORECLOSURE Martina L. Lebo, Defendant(s). MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 TO THE HONORABLE JUDGE OF SAID COURT: AND NOW, comes plaintiff, The Bank of New York et al., (the "Plaintiff') by its attorney Pina S. Wertzberger, Esquire and moves this Honorable Court for an Order permitting Alternative Service upon the Defendant, Martina L. Lebo, by posting and tacking a copy of the Complaint in Mortgage Foreclosure upon the property known as 661 West Old York Road, Carlisle, PA 17013 (the "Premises") and by certified and regular mail to all of Defendant's last known addresses pursuant to Pennsylvania Rule of Civil Procedure 430 and avers in support thereof: 1. Plaintiff filed suit against the Defendant, Martina L. Lebo (the "Defendant") in Mortgage Foreclosure on or about July 19, 2006. 2. Plaintiff is the mortgagee. {00142874} 3. Plaintiff has made several attempts to effectuate service of the Complaint in Mortgage Foreclosure upon the Defendant. Personal service was attempted on the Defendant at 661 West Old York Road, Carlisle, PA 17013. The Sheriff's Return of Service is marked "moved to Florida. Left no forwarding address". A copy of the return is attached to the Affidavit and made a part hereof as Exhibit "A". Personal service was also attempted on the Defendant at 4544 Duffield Road, Chambersburg, PA 17201. The Sheriff's Return of Service is marked "not found at this address". A copy of the return is attached to the Affidavit and made a part hereof as Exhibit "B". Personal service was also attempted on the Defendant at 19106 Alice Circle, Lutz, FL 33558. The Sheriff's Return of Service is marked "unknown". A copy of the return is attached to the Affidavit and made a part hereof as Exhibit "C". 4. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit as Exhibit "D" and made a part hereof. Said investigation provides no new address information for the Defendant. 5. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendant, Martina L. Lebo, by posting and tacking a copy of the Complaint in Mortgage Foreclosure on the property known as 661 West Old York Road, Carlisle, PA 17013, and by certified and regular mail to all of Defendant's last known addresses. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC ina S. Wertzb ger, Esquire Attorney ID No.: 77274 {00142874} MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff 5.01248 The Bank of New York et al., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 06-4094 Civil Term Duane L. Lebo, CIVIL ACTION and MORTGAGE FORECLOSURE Martina L. Lebo, Defendant(s). AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS I, Pina S. Wertzberger, Esquire, being duly sworn according to law, hereby depose and say that the facts set forth in the foregoing Motion for Alternative Service are true and correct to the best of my knowledge, information and belief. 1. Plaintiff filed suit against the Defendant, Martina L. Lebo (the "Defendant") in Mortgage Foreclosure on or about July 19, 2006. 2. Plaintiff is the mortgagee. 3. Plaintiff has made several attempts to effectuate service of the Complaint in Mortgage Foreclosure upon the Defendant. Personal service was attempted on the Defendant at 661 West Old York Road, Carlisle, PA 17013. The Sheriff s Return of Service is marked {00142874} "moved to Florida. Left no forwarding address". A copy of the return is attached to the Affidavit and made a part hereof as Exhibit "A". Personal service was also attempted on the Defendant at 4544 Duffield Road, Chambersburg, PA 17201. The Sheriff s Return of Service is marked "not found at this address". A copy of the return is attached to the Affidavit and made a part hereof as Exhibit "B". Personal service was also attempted on the Defendant at 19106 Alice Circle, Lutz, FL 33558. The Sheriff's Return of Service is marked "unknown". A copy of the return is attached to the Affidavit and made a part hereof as Exhibit "C". 4. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit as Exhibit "D" and made a part hereof. Said investigation provides no new address information for the Defendant. 5. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. Milstead & Associates, LLC PSina. Wertzb ger, Esquire Attorney ID N& 77274 100142874} Exhibit A {00142874} SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04094 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS LEBO DUANE L 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 LEBO MARTINA L but was unable to locate Her in his bailiwick., He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , LEBO MARTINA L NOT FOUND , as to 661 WEST OLD YORK ROAD CARLISLE, PA 17013 MOVED TO FLORIDA. LEFT NO FORWARDING ADDRESS Sheriff's Costs: Docketing Service Affidavit Surcharge So answers- 6.00 .00 .00 R. Thomas K1i e 10.00 Sheriff of Cumberland County .00 16.00 MILSTEAD & ASSOC 07/26/2006 Sworn and Subscribed to before me this day of A. D. Exhibit B {00142874} SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00250 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN THE BANK OF NEW YORK VS MARTINA L. LEBO ROBERT WOLLYUNG Sheriff oiZ who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LEBO MARTINA L. but was unable to locate Her in his bailiwick. He therefore returns the COMP MORT FORE NOT FOUND , as to the within named DEFENDANT , LEBO MARTINA L. 4544 DUFFIELD ROAD CHAMBERSBURG. PA 17201 NOT AT THIS ADDRESS Sra -riff Is Costs: Docketing Service Affidavit Surcharge So answers: .00 .00 t .00 OBERT WOLLYUNG .00 ROBERT WOLLYUNG, Sheriff .00 MILSTEAD AND ASSOCIATES LLC 11/08/2006 Sworn and subscribed to before me this day of I ?LYY1Mr A.D. Notary Notarial Seal Richard D. McCarty, Notary Public Chambersburg Boro, Franklin County My Commission Expires Jan. 29, 2007 , to wit: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04094 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS LEBO DUANE L 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: LEBO MARTINA L 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 November 16th , 2006 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. omas Kline Dep Franklin Co 34.05 e iff of Cumberland County Postage .63 Sworn and subscribe to before me this day of , A.D. 11/16/2006 MILSTEAD & ASSO S CYAE In The Court of Common Pleas of Cumberland County, Pennsylvania The Bank of New York vs. DUane L. Lebo et al 06-4094 civil SERVE : Martina L. Lebo No. Now, October 27, 2006 ? I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, )20 , at o'clock M. served the within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 copy of the original the contents thereof. COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA Exhibit C 100142874} 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 ??? N ? PHONE: (215) 546-7400 if `f' FA&R r FAX: (215) 985-0169 1 BerviCes for Profeseiaanis Ina. National Association of Phifarl1.7 ciati on Professional Process Servers of Professional Process Servers The Bank of New York COURT Court of Common Pleas of Pennsylvania -VS- COUNTY Cumberland County Duane L. Lebo and Martina L. Lebo CASE NUMBER 06-4094 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: B&R Control # CS031129 -1 COUNTY OF PHILADELPHIA: Reference Number SERVICE INFORMATION On 15 day of September, 2006 we received the Mortgage Foreclosure for service upon Martina L. Lebo at 19106 Alice Circle Lutz, FL 33558 ? Special Instructions** Tl Q Served Date Time Accepted By: In the manner described below. Personally served. 5--1 Adult family member. Relationship is Adult in charge of residence who refused to give name and/or relationship. Manager/Cierk of place of residence lodging ? Agent or person in charge of office or usual place of business Other Description of Person Age Height _ Weight Race Sex Other p LeNot Served Date Time p T{ Not Served Information Moved i Unknown 1-1 No Answer Ci Vacant ? Other w L? The Process Server, being duly sworn, Sworn to and subscribed before me this deposes and says that the facts set forth herein are true and correct to the best of their ?PRY 'v.G Dianna L. Buchner Cdayof d knowledge, informatio d belief. --0 Commission # D'D269920 - Expires November 24, 2007 az, Process Server/Sheri ff p Bonded rmyFain -insurance. Inc. 600"3857079 Notary Public Law Firm Phone (85}482-1400 For For Plaintiff Pina S. Wertzberger, Esquire ! ServeBy Date 1016/2006 Michael Milstead, LLC I Filed Date 7/19/2006 Woodland Falls Corp. Park 220 Lake Drive East #301 Cherry Hill, NJ 08002 '. ORIGINAL 258VC AFFID"IT OF SERVICE Commonwealth of Pennsylvania Case Number: 06-4094 Plaintiff: The Bank of New York, et al. vs. Defendant: Duane L. Lebo, et al. For. B&R Services For Professionals Inc. County of Cumberland Common Pleas Court Received by B&R Services For Professionals Inc. on the 19th day of September, 2006 at 10:01 am to be served on Martina L. Lebo, 19105 Alice CtrPle, Lutz, FL 33558. 1;?? ) i , being duly sworn, depose and say that on the-17` day of, 20ZX, at xecuted service by delivering a true copy of the Civil Action Mortgage Foreclos re and Notice in accordance with state statutes in the manner marked below: (} INDIVIDUAL SERVICE: Served the within-named person. () SUBSTITUTE SERVICE: By serving as Pursuant to Florida Statute 48.031 (1)(a). (} POSTED SERVICE: After attempting service on at and on !- at to a conspicuous place on the property described herein. ( ) OTHER SERVICE: As described in the Comments below by serving as NON SERVICE. For the reason detailed in the Comments below. MILITARY STATUS: Based upon inquiry of party served, defendant is not in the military service of the United States. COMMENTS: 'e-r-!X?(--S--i -=? 1',ax- __aj S- Yob X? u 04 Ate.-J'- Sex M F Race Height Weight Hair Glasses Y Age I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Subscribed and Sworn to before me on the _/L ay of . &y 2 ML by the affiant who is personally known to me,, PR CESS SERVER # Appointed in accordance with State Statutes B&R Services For Professionals Inc. NOTARY-PUBLIC 235 South-13th Street Service Fee Philadelphia, PA 19107 o?PRY ` A{? anna .. Buchner (800) 503-7400 Commission # DD269820 Our Job Serial Number: 2006017048 Expires November 24, 2007 of t bOadedTroyEeNp:van. ?nF.043as 7ot9 CopA4ht ®1992-20b5 Database Services. Inc. -Process Server's Toolbox v5.9b Exhibit D {00142874} r Confidential Investigative Services, Inc. ATTENTION: Lisa Thomas Michael Milstead, LLC 220 Lake Drive, East Suite # 301 Cherry Hill, N3 08002 File #: 5.01248 LAST KNOWN ADDRESS 0120 Plaintiff: The Bank of New York County: Cumberland VS. Term #: 2006 - 04094 Defendant: Martina L. Lebo Locate: Martina L. Lebo Address Given: 661 West Old York Road, Carlisle, PA 17013 AMENDED AFFIDAVIT OF GOOD FAITH INVESTIGATION 1) 661 West Old York Road, Carlisle, PA 17013 2) 19106 Alice Circle, Lutz, FL 33558 3) 4544 Duffield Road, Chambersburg, PA 17201 INQUIRY OF THE CREDIT BUREAU The credit bureau reports the subject's most current address as 19106 Alice Circle, Lutz, FL 33558. INQUIRY OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION The Pennsylvania Department of Transportation - Division of Motor Vehicles reports that operator license number 23043374 is issued to Martine Louise Lebo of 4544 Duffield Road, Chambersburg, PA 17201. INQUIRY OF U.S. POST OFFICE (FOIA) 1) The Carlisle Post Office reports mail is good as addressed to the subject at 661 West Old York Road, Carlisle, PA 17013. 2) The Chambersburg Post Office reports the forwarding order has expired and there is no forwarding address for 4454 Duffield Road, Chambersburg, PA 17201. SEARCH OF LOCAL TELEPHONE DIRECTORIES & PHONE COMPANY OPERATOR CONTACT The telephone company operator reports a listing of 717-249-8853 issued to Duane L. Lebo at 661 West Old York Road. There are no listings issued to the subject on Duffield or Alice Circle. CONTACTS The subject's daughter answered the phone upon calling the number provided by the operator. She informed me that the subject is now known as Martina Dagenhart and no longer lives in NJ; she moved to FL. I mentioned the other addresses that we were able to produce and she reported that all were incorrect. She was not comfortable sharing the newest address with me. I also called 19106 Alice Circle. The resident who was contacted said no one by the subject's name lives there. A listing for 4544 Duffield had been disconnected and no neighbors in that area could be reached. I CERTIFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT, TO THE BEST OF MY KNOWLEDGE. UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE :MADDE SUB CT T THE PENALTIES RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. AFFIANT: . ANE AN, CLI 235 South 13th Street SW & SC ED BEFORE ME THIS` --f' Philadelphia, PA 19107 OF ' 2006 COMMONWEALTH OF PENNSYLVANIA (215) 546.7400 NOTARIAL SEAL (800) 503-7400 MELISSA-H. MPLAN, Notary Public Fax (215) 985-0169 NOT 4P'RT.TC Clay Pt PhIlooelpttla, Phila. Couffly my (ammi;lllk keb§ M PAIi , w B&R Court Filing Station Manager Carlisle, PA 17013 City, State, ZIP Code Services for lsInc. Date: August 24, 2006 Court Reporting Please provide apartment number or physical address information for post office box, if applicable Request for Change of Address or Boxbolder Information Needed for Services of Legal Process PLEASE FURNISH THE NEW ADDRESS OR THE NAME AND THE STREET ADDRESS (IF A BOXHOLDER) FOR THE FOLLOWING: Name: Martina L. Lebo Address: 661 West Old York Road NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.8(d)(6)(u). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester is a process server. 2. Statute or regulation that empowers me to serve process is Pennsylvania Rules of Civil Procedure 400.1. 3. The names of all known parties to the litigation: The Bank of NY v Martina L. Lebo 4. The Court in which the case has been or will be heard: Cumberland County Court of Common Pleas 5. The docket or other identifying number if one has been issued: 2006 - 04094 6. The capacity in which this individual is to be served is a defendant. WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENNTAI TIES INCI_IIDING A FINE OF UP TO 410,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001) I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION. ?. 235 South 13th Street Signature Address Diane Cowan Printed Name Jr Mail is good as addressed. Not known at address given. _ Moved, left no forwarding address. No such address. Philadelphia, PA 19107 City, State, ZIP Code h i- PS' FOR POST OFFICE USE ONLY NEW ADDRESS OR BOXHOLDER'S POSTMARK NAME AND STREET ADDRESS OF B&R Court Filing Station Manager Chambersburg, PA 17201 City, State, ZIP Code Services for Profes ionpls Inc. • Process Serving _ Date: August 24, 2006 Court Reporting Please provide apartment number or physical address information for post office box, if applicable Request for Change of Address or Boxholder Information Needed for Services of Legal Process PLEASE FURNISH THE NEW ADDRESS OR THE NAME AND THE STREET ADDRESS (IF A BOXHOLDER) FOR THE FOLLOWING: Name: Martina L. Lebo Address: 4544 Duffield Road NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.8(d)(6)(u). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(I) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester is a process server. 2. Statute or regulation that empowers me to serve process is Pennsylvania Rules of Civil Procedure 400.1. 3. The names of all known parties to the litigation: The Bank of NY v Martina L. Lebo 4. The Court in which the case has been or will be heard: Cumberland County Court of Common Pleas 5. The docket or other identifying number if one has been issued: 2006 - 04094 6. The capacity in which this individual is to be served is a defendant. WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOX14OLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES.INC;LUDING A FINF. OF UP TO 410,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR 80114 (TITLE IS U.S.C. SECTION 1001) I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL. BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION. 235 South 1.3th Street Signature Address Diane Cowan Printed Name .- Mail is good as addressed. - Not known at address given. - Moved, left no forwarding address. No such address. NEW ADDRESS OR BOXHOLDER'S POSTMARK NAME AND STREET ADDRESS Philadelphia, PA 19107 City, State, ZIP Code FOR POST OFFICE USE ONLY MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff 5.01248 The Bank of New York et al., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. ' No.: 06-4094 Civil Term Duane L. Lebo, CIVIL ACTION and MORTGAGE FORECLOSURE Martina L. Lebo, Defendant(s). MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE 1. INTRODUCTION This matter comes before the Court upon the motion of plaintiff, The Bank of New York et al., for an order permitting substituted service of the Complaint in Mortgage Foreclosure pursuant to Pa. R.C.Pro. 430(a) upon the Defendant, Martina L. Lebo. II. FACTS Plaintiff filed suit against the Defendant, Martina L. Lebo (the "Defendant") in Mortgage Foreclosure on or about July 19, 2006. Plaintiff is the mortgagee. Plaintiff has made several attempts to effectuate service of the Complaint in Mortgage Foreclosure upon the Defendant. Personal service was attempted on the Defendant at 661 West Old York Road, Carlisle, PA 17013. The Sheriff's Return of Service is marked "moved to Florida. Left no forwarding address". A copy of the return is attached to the Affidavit and made {00142874} a part hereof as Exhibit "A". Personal service was also attempted on the Defendant at 4544 Duffield Road, Chambersburg, PA 17201. The Sheriff's Return of Service is marked "not found at this address". A copy of the return is attached to the Affidavit and made a part hereof as Exhibit `B". Personal service was also attempted on the Defendant at 19106 Alice Circle, Lutz, FL 33558. The Sheriff's Return of Service is marked "unknown". A copy of the return is attached to the Affidavit and made a part hereof as Exhibit "C". Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit as Exhibit "D" and made a part hereof. Said investigation provides no new address information for the Defendant. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. III. LEGAL ARGUMENT According to Pa. R.C.Pro. 430(a), a plaintiff may petition the court to provide an alternative method of service if the plaintiff cannot effectuate service upon the Defendant. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants and the reasons why service cannot be made." Pa.R.C.Pro. 430(a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Rule 430 provides in pertinent part: If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants and the reasons why service cannot be made. {00142874} Pa.R.Civ.P. 430(a). It is well settled that, pursuant to Pa.R.Civ.P. 430(a), a method of substituted service which is reasonable calculated to give actual notice depending upon "what is reasonable under the circumstances, considering the interest at stake and the burden of providing notice" is acceptable. Romeo v. Looks, 369 Pa. Super. 608, 616 (1987). The instant matter is a mortgage foreclosure action. Clearly, service upon the Defendant by posting the mortgaged premises and sending certified and regular mail to the Defendant last known address is reasonably calculated to provide notice to the Defendant in light of the efforts already made by the Plaintiff to effectuate personal service. Plaintiff has attached an affidavit to its Motion which sets forth the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant. The Motion and the affidavit illustrate that Plaintiff has made a good faith effort to effectuate service under normal methods. Substituted service in the instant matter is appropriate under Pa.R.Civ.P. 430(a). IV. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint in Mortgage Foreclosure by certified and regular mail to all of Defendant's last known addresses and by posting of the mortgaged premises. 6/ h?i/ ina S. Wertzb ger, Esquire Attorney ID No.: 77274 {00142874} MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff 5.01248 The Bank of New York et al., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 06-4094 Civil Term Duane L. Lebo, CIVIL ACTION and MORTGAGE FORECLOSURE Martina L. Lebo, Defendant(s). CERTIFICATE OF SERVICE I, Pina S. Wertzberger, Esquire, counsel for Plaintiff, The Bank of New York et al., hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court was served on the following persons by first class mail, postage pre-paid, on theta'` day of January, 2007: Martina L. Lebo 661 West Old York Road Carlisle, PA 17013 And 4544 Duffield Road Chambersburg, PA 17201 And 19106 Alice Circle Lutz, FL 33558 Pina S. Wertzber, r, Esquire Attorney ID No. 77274 {00142874} r-? <?? T ? :??: , i n t? ?`' -? ? ? 1Y. i _? .,. ? ? iii P . } % ??' --?.: l. '1 MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff 5.01248 JAN 0 9 2002 ,? The Bank of New York et al., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 06-4094 Civil Term Duane L. Lebo, CIVIL ACTION and MORTGAGE FORECLOSURE Martina L. Lebo, Defendant(s). ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 This matter being opened to the Court by Pina S. Wertzberger, Esquire, attorney for The Bank of New York et al., Plaintiff, upon a Motion for Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430, and the Court having reviewed and considered the pleading submitted in connection with this matter and good cause shown: IT IS on this !(? day of , 2007 ORDERED that the Motion for Alternative Service is GRANTED and IT IS FURTHER ORDERED that service of the Complaint in Mortgage Forclosure upon the Defendant, Martina L. Lebo, shall be made by posting and tacking the Complaint in Mortgage Foreclosure on the mortgaged premises known as 661 West Old York Road, Carlisle, PA 17013 (the "Premises") and by certified and regular mail to all of Defendant's l;kn wn addresses. B URT {00142874} J. ZJ .C Ild Z 1 114"I " CCOZ WLGN ! ?? ? EIA jo 3 4 0 1: 0-W0311J MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File 5.01248 The Bank of New York et al., Plaintiff, Vs. Duane L. Lebo, and Martina L. Lebo, COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-4094 Civil Term Praecipe to Reinstate Complaint in Mortgage Foreclosure Defendant(s). TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. M TEAD SOCIATES, LLC a. Pina S. Wertzberger, Esq ' e Attorney ID No. 77274 C) O N - 71 G'!'+ I. THE BANK OF NEW YORK et al., Plaintiff VS. DUANE L. LEBO and MARTINA L. LEBO, Defendants To the Plaintiff: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 06-4094 CIVIL TERM CIVIL ACTION MORTGAGE FORECLOSURE NOTICE You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service thereof or a default judgment may be entered against you. 6bAl - - 11 Dale F. Shugh r r. Supreme Court 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 THE BANK OF NEW YORK et al., Plaintiff VS. DUANE L. LEBO and MARTINA L. LEBO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-4094 CIVIL TERM CIVIL ACTION MORTGAGE FORECLOSURE ANSWER AND NEW MATTER ANSWER AND NOW, comes the Defendant, Duane L. Lebo, by his attorney, Dale F. Shughart, Jr., Esquire, and makes the following Answer and New Matter to Plaintiff's Complaint in Mortgage Foreclosure: 1. Admitted. 2. Admitted in part. Denied in part. It is admitted that Duane L. Lebo is an adult individual and the owner of real property described in the Complaint. Martina L. Lebo is not and never was an owner of the real property. Defendant Duane L. Lebo acquired ownership of the property by Deed dated June 1, 1989 and recorded in Cumberland Count Deed Book "Z", Vol. 33, Page 117. 3. Admitted in part. Denied in part. Duane L. Lebo resides at 661 Old West York Road, Carlisle 17013. Martina L. Lebo does not reside at the premises. Duane L. Lebo is currently unaware of the precise residence of Martina L. Lebo, from whom he is divorced. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted with a qualification. Defendant admits he is in default of his obligations under the Note and Mortgage. However, Defendant reached an agreement with the Plaintiff to make monthly payments and reamortize his obligation to enable him to become current. Plaintiff Is Agents unilaterally changed the terms of this agreement, without the consent of the Defendant. By way of further answer, the averments of Defendant's New. Matter are incorporated herein by reference thereto. 8. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 8 of Plaintiff's Complaint, and proof thereof is demanded. 9. Admitted. WHEREFORE, Plaintiff prays Your Honorable Court to enter judgment in favor of the Defendant Duane L. Lebo and against the Plaintiff. NEW MATTER 10. The averments of Defendant's Answer to Paragraphs 1 through 9 of Plaintiff's Complaint, inclusive, are incorporated herein 11. Defendant filed Bankruptcy in the United States Bankruptcy Court in the Middle District of Pennsylvania to case No. 1:99-bk-00910-MDF and was discharged under Chapter 13 on October 24, 2003, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 12. In order to obtain a discharge in bankruptcy the Defendant was required to have paid all prefiling arrearages in regard to his mortgage, which is confirmed by letter of his -2- bankruptcy attorney, James K. Jones, dated November 14, 2003, a true and correct copy of which is attached hereto, made a part hereof, and marked Exhibit "B". 13. After Defendant's discharge in bankruptcy, Plaintiff's Agent unilaterally changed the terms of their agreement, without the consent of the Defendant, and began charging him the amount to which he had NOT agreed. As a result, the Defendant diligently attempted to contact some representative of the Plaintiff with whom he could work out an arrangement to keep his mortgage current. 14. Despite diligent and repeated attempts by the Defendant, he has been unable to secure any cooperation from the Plaintiff or HomeEq Service, Inc., its administrative branch. Defendant has made repeated diligent efforts to restore the modification agreement of the parties and/or to agree upon a new schedule of payments which will enable him to eliminate the arrearage and begin to keep the mortgage current. He has been unable to obtain any cooperation in this regard from the Plaintiff or its servicing agent. 15. It is Defendant's desire to cure the default of his mortgage in accordance with the agreement reached through the Bankruptcy Court and to bring the mortgage current. Defendant, Duane L. Lebo, prays Your Honorable Court to dismiss the Plaintiff's Complaint against the Defendant and to order and direct the Plaintiff to provide the Defendant a -3- reasonable opportunity to cure the default and bring the mortgage current, consistent with the agreement previously reached in the Bankruptcy Court. Respectfully submitted, Dale F" Shugh r \J Attorney I.D. 9 7 10 West High Street Carlisle, PA 17013 (717) 241-4311 VERIFICATION Duane L. Lebo hereby verifies that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subjec to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsific tions. .11 - Duane L. DATE: February 15, 2006 -4- THE BANK OF NEW YORK et al., Plaintiff VS. DUANE L. LEBO and MARTINA L. LEBO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-4094 CIVIL TERM CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE AND NOW, this 15th day of February, 2007, I, Dale F. Shughart, Jr., Esquire, attorney for Duane L. Lebo, Defendant, hereby certify that I have served a copy of the Answer and New Matter by mailing a copy of the same by First Class mail, postage prepaid, addressed as follows: Pina S. Wertzberger, Esquire Milstead & Associates, LLC 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 Dale -F." Shu h t, Supreme Cou I.D 10 West High Stre Carlisle, PA 1701 (717) 241-4311 19373 B18W (7/99) United States Bankruptcy Court Middle District of Pennsylvania Case No.1:99-bk-1X1910-MDF In re: Duane L. Lebo 661 W. OLD YORK ROAD CARLISLE, PA 17013 Social Security No.: 210-36-0006 Employer's Tax I.U. No.: NA Martina L. Lebo aka Martina L. Wagner aka Martina L. Erwin aka Martina L. Shenk 4544 DUFFIELD ROAD CHAMBERSBURG, PA 17201 193-60-6350 NA DISCHARGE OF DEBTOR AFTER COMPLETION OF CHAPTER 13 PLAN It appearing that the debtor is entitled to a discharge, IT IS ORDERED : The debtor is granted a discharge under section 1328(a) of title 11, United States Code, (the Bankruptcy Code). BY THE COURT United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. kXN'P?I IT FI Dated: 10/24103 032653 THE LAW OFFICE OF JAMES K. JONES, ESQUIRE James K. Jones, Esquire jkjones@pa.net Dirk E. Berry, Esquire dberry@pa.net Thomas J. Reilly, Esquire tjreilly@pa.net 7 IRVINE ROW CARLISLE, PA 17013-3019 Telephone (717) 240-0296 Fax (717) 240-0066 40 N. SECOND STREET CHAMBERSBURG, PA 17201 (717) 264-5855 November 14, 2003 Duane L. Lebo 661 W. Old York Road Carlisle, PA 17013 Dear Duane: As you are probably aware by now, the Bankruptcy Court has issued a discharge to complete your bankruptcy. As this is an official document, you should keep it in a safe place. This discharge is an indication that you have paid all pre-filing arrearages in regard to your mortgage. However, it is not uncommon for your mortgage company to add fees that they were denied in the Bankruptcy Court but would still like to collect from you. Therefore, I would suggest that once you cure the current arrearages, that you obtain a mortgage payoff to determine whether they have added fees that they would not otherwise be entitled to. Once you have obtained this payoff, we can discuss whether any further adjustments need to be made. If you have any questions, please feel free contact me. JKJ/jlj Sincerel yours, I es K. Tones ?XN??rT d f., ?' ???''' ?'? , C ,C'' "? ??.T" '? Lm? ? ?? ? ??? ? ? ..G. '? MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff / File No.: 5-01248 The Bank of New York et al., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Duane L. Lebo, No.: 06-4094 Civil Term and CIVIL ACTION MORTGAGE FORECLOSURE Martina L. Lebo, Defendants. ANSWER OF THE BANK OF NEW YORK ET AL. TO NEW MATTER OF DUANE L. LEBO NOW COMES Plaintiff, The Bank of New York et al. ("Plaintiff') and responds to the new matter of defendant, Duane L. Lebo ("Answering Defendant") as follows: 10. Plaintiff hereby incorporates by reference as though set forth at length herein the averments of paragraphs 1 through 9 of the complaint. 11. Admitted. 12. Denied. This paragraph contains a legal conclusion to which no response is required. To the extent a response is required, the averments are specifically denied. Strict proof is demanded at trial, if relevant. It is further specifically averred that, by order dated October 24, 2003, the Honorable Mary D. France, United States Bankruptcy Judge entered an order under section 1328(c) of the United State Code 9the "Bankruptcy Code") granting the Defendant a sicarhge after completion of his chapter 13 plan. A true and correct copy of order dated October {00151625} 24, 2003 is attached to the Defendant's answer and new matter as "Exhibit A". The Plaintiff alleges in the complaint initiating this matter that the Defendant defaulted on the loan payment secured by the Mortgage, as defined in the complaint, on February 15, 2004; more than three (3) months after entry of the discharge under the Bankruptcy Code. 13. Denied. It is specifically denied that the terms from the original loan documents were modified. 14. Denied. It is specifically denied that the Plaintiff was uncooperative in the servicing of the mortgage loan. By way of further response, at no time relevant herein did the Plaintiff agree to modify the loan. 15. Denied. After reasonable investigation, Plaintiff is without information sufficient to form a belief as to the truth of this averment, therefore the same is specifically denied. Strict proof is demanded at the trial, if relevant. WHEREFORE, Plaintiff, The Bank of New York et al., respectfully requests an order dismissing the New Matter of the answering defendant, Duane L. Lebo. MILSTEAD & ASSOCIATES, LLC Pina S. Wertz rger, Es quire Attorney for laintiff {00151625} 2 VERIFICATION I, Pina S. Wertzberger, hereby certify that I am the attorney for The Bank of New York et al., the plaintiff herein, and I am authorized to make this verification on plaintiff's behalf. I verify that the facts and statements set forth in the forgoing answer to New Matter are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904, relating to unsworn falsification to authorities. Name: Pina . Wertzberger, Esquire Title: Atto ey for The Bank of New York et M. {001516251 a No.: 06-4094 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATION OF SERVICE I certify that on the 21St day of February, 2007, I caused to be delivered via United MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff / File No.: 501248 The Bank of New York et al., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Duane L. Lebo, and Martina L. Lebo, Defendants. States first class mail a true and correct copy of the Plaintiff's answer to new matter of defendant, Duane L. Lebo, to the answering defendant's counsel addressed as follows: Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 117013 4?2 N ' e: Pi l"". . Wertzberger, Esquire {00151625} 4 - G ct 91 ..J MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff / File No.: 501248 The Bank of New York et al., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Duane L. Lebo, and Martina L. Lebo, Defendants. No.: 06-4094 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATION OF SERVICE I certify that on the 21St day of February, 2007,1 caused to be delivered via United States first class mail a true and correct copy of the Plaintiff's answer to new matter of defendant, Duane L. Lebo, to the answering defendant's counsel addressed as follows: Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 117013 N e: Pia . Wertzberger, Esquire {00151625} q MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York et al., Plaintiff, Vs. Duane L. Lebo, and Attorney for Plaintiff File 5.01248 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-4094 Civil Term Praecipe to Reinstate Complaint in Mortaaae Foreclosure Martina L. Lebo, Defendant(s). TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. I STEA tjSOC TES, LLC ina S. Wertzber, er, Esq Attorney ID No. 77274 r : -1 ? C MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 220 Lake Drive East, Suite 341 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Our File No.: 5.01248 The Bank of NewYork et al., : COURT OF COMMON PLEAS 20 Broad Street : CUMBERLAND COUNTY New York, NY 10005, . Plaintiff, Vs. : No.: 06-4094 Civil Term Duane L. Lebo 661 West Old York Road Carlisle, PA 17013, . and Martina L. Lebo 661 West Old York Road Carlisle, PA 17013, Defendants. AFFIDAVIT OF SERVICE I, Pina S. Wertzberger, Esquire, of full age, being duly sworn according to the law, upon my oath, depose and say: A copy of the Reinstated Complaint was sent to the Defendant, Martina L. Lebo by certified mail and regular mail per Order of Court attached hereto as Exhibit "A" on March 6, 2007 to 661 West Old York Road, Carlisle, PA 17013. A copy of the addressed postage paid envelopes are attached hereto and made a part hereof as Exhibit "B." ina S. Wertzberger, Esq ire Attorney ID #77274 {00121061} MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire JAN 0 9 2001 4 ID No. -77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 laintif f (856) 482-1400 n5.01248 The Bank of New York et al., 1,00 C MMON PLEAS MWOERLAND COUNTY Plaintiff, Vs. No.: 064094 Civil Term Duane L. Lebo, CIVIL ACTION and MORTGAGE FORECLOSURE ; ; Martina L. Lebo, Defendant(s). ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430. This matter being opened to the Court by Pina S. Wertzberger, Esquire, attorney for The Bank of New York et al., Plaintiff, upon a Motion for Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430, and the Court having reviewed and considered the pleading submitted in connection with this matter and good cause shown: IT IS on this 10 ay of , 2007 ORDERED that the Motion for Alternative Service is GRANTED and IT IS FURTHER ORDERED that service of the Complaint in Mortgage Forclosure upon the Defendant, Martina L. Lebo, shall be made by posting and tacking the. Complaint in Mortgage Foreclosure on the mortgaged premises known as 661 West Old York Road, Carlisle, PA 17013 (the "Premises") and-by certified and regular mail to all of Defendant's last known addresses. BY_. J. (00142874) EXHIBIT A ?. N N ? W n O r a N ? a*Go w ? 0 p- Z m O C O ro r f ?kf a un??re4 O N Sn d W ? [1 GO 03 (7 (T1 ?, N Al 0 , C-) 51 kl { ° a' . m °01 a CL -n g o G CD N fA ?m 0 - C-0 o 0. N tom r -o ? X C6 ? v?r 0 0 0 w 0 a ry oW? t a N ? 7 p a 0 m rn. w OOD NO m O N O t? ra ? ? n MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of new York, et al; Plaintiff, Attorney for Plaintiff File 5.01248 COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. Duane L. Lebo 661 West Old York Road Carlisle, PA 17013, No.: 06-4094 CIVIL ACTION MORTGAGE FORECLOSURE and Martina L. Lebo 661 West Old York Road Carlisle, PA 17013, Defendants. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW comes plaintiff, The Bank of New York, et al, by its attorney, Pina S. Wertzberger, Esquire of Milstead & Associates, LLC, and hereby moves this Honorable Court to enter summary judgment against Defendants, Duane L. Lebo and Martina L. Lebo, in this mortgage foreclosure action and in support thereof avers the following: 1. INTRODUCTION 1. This motion for summary judgment (the "Motion") comes before this Court upon an action in mortgage foreclosure. 2. Defendants, Duane L. Lebo and Martina L. Lebo, (the "Defendant"), filed an Answer in which they effectively admits all of the allegations of the Complaint or answered with general denials and has failed to specifically deny the mortgage default. {00151750} II. PARTIES 3. Plaintiff, The Bank of New York, et al, (the "Plaintiff'), maintains a place of business at 20 Broad Street, New York, NY 10005. 4. Defendants are adult individuals and the titled owners of the real property commonly known as 661 W. Old York Road, Carlisle, PA 17013. III. BACKGROUND 5. On February 10, 1994, in consideration of a loan in the principal amount of $65,000.00, the Defendants executed and delivered to The Money Store Co., Inc. a variable rate note (the "Note") with interest thereon at 9.99 percent per annum, payable as to the principal and interest in equal monthly installments of $569.94 commencing February 10, 1994. The current interest rate is 9.99 percent per annum. 6. To secure the obligations under the Note, the Defendant executed and delivered to The Money Store Financial Co., Inc. a mortgage (the "Mortgage") dated February 10, 1994, recorded on February 15, 1994 in the Department of Records in and for the County of Cumberland under Mortgage Book 712, Page 3469. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. The mortgage was assigned to Wachovia Bank, N.A. recorded November 1, 2004 in Book 712 and Page 3469. Plaintiff is proper party plaintiff by way of an assignment to be recorded. 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 661 West Old York Road, Carlisle, PA 17013. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 8. The Defendants are in default of their obligation pursuant to the Note and Mortgage because payments of principal and interest due February 15, 2004, and monthly payments thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, (00151750) escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage and Note: Balance of Principal ..................................$61,281.97 Accrued but Unpaid Interest from 2/15/04 to 2/22/07 @ 9.00% per annum ($16.77 per diem) ............................$19,078.06 Accrued Late Charges ..................... ..$1,054.50 EscrowAdvance ............................. $9,935.27 Title Search Fees ........................... ..$350.00 Reasonable Attorney's Fees ................$1,250.00 TOTAL as of 02/22/2007 ....................... ...$92,094.80 Plus, the following amounts accrued after February 22, 2007: Interest at the Rate of 9.99 per cent per annum ($16.77 per diem); Late Charges of $25.50 per month. 10. Plaintiff has complied fully with Act No. 91 (35 P.S.' 1680.401(c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendant at 1318 Orr Avenue, Kittanning, PA 16201 as well as to address of residences as listed in paragraph 3 of this document on January 31, 2006, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. 11. According to the Note, Plaintiff may recover the attorneys' fees and costs incurred in this action. At the time of the entry of final judgment, Plaintiff will submit proof with regard to the actual amount of attorneys' fees and costs incurred in the action. 12. In the Answer, the Defendants admit that the mortgage payments are in arrears by failing to specifically deny the arrears. The Defendants do not specify the amount they believe is due under the Note and Mortgage. In other words, the Defendants admits the default, but fails to specifically dispute the amount of the default. (00151750) 13. Because Defendants' Answer does not create a genuine issue of material fact, this matter is ripe for disposition by way of summary judgment. IV. CONCLUSION 14. For the foregoing reasons, Plaintiff respectfully requests an order granting its motion for summary judgment and striking the answer of the Defendants. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire 220 Lake Drive East, Ste. 301 Cherry Hill, NJ 08002 Attorney for Plaintiff, The Bank of New York, et al {00151750} MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of new York, et al; Plaintiff, Vs. Duane L. Lebo 661 West Old York Road Carlisle, PA 17013, Attorney for Plaintiff File 5.01248 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-4094 CIVIL ACTION MORTGAGE FORECLOSURE and Martina L. Lebo 661 West Old York Road Carlisle, PA 17013, Defendants. PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT 1. INTRODUCTION The within matter is a mortgage foreclosure action. The Defendant, Duane L. Lebo and Martina L. Lebo, had filed an Answer in which the Defendant answered with general denials and has failed to specifically deny the mortgage default. Accordingly, there is no genuine issue of material fact to consider in this Court, and Plaintiff is entitled to judgment as a matter of law. II. STATEMENT OF FACTS Plaintiff, The Bank of New York, et al, (the "Plaintiff'), maintains a place of business at 20 Broad Street, New York, NY 10005. {001517501 Defendants Duane L. Lebo and Martina L. Lebo (the "Defendant"), are adult individuals and the titled owner of the real property commonly known as 661 W. Old York Road, Carlisle, PA 17013. A. BACKGROUND On February 10, 1994, in consideration of a loan in the principal amount of $65,000.00, the Defendants executed and delivered to The Money Store Co., Inc. a variable rate note (the "Note") with interest thereon at 9.99 percent per annum, payable as to the principal and interest in equal monthly installments of $569.94 commencing February 10, 1994. The current interest rate is 9.99 percent per annum. To secure the obligations under the Note, the Defendant executed and delivered to The Money Store Financial Co., Inc. a mortgage (the "Mortgage") dated February 10, 1994, recorded on February 15, 1994 in the Department of Records in and for the County of Cumberland under Mortgage Book 712, Page 3469. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. The mortgage was assigned to Wachovia Bank, N.A. recorded November 1, 2004 in Book 712 and Page 3469. Plaintiff is proper party plaintiff by way of an assignment to be recorded. The Mortgage encumbers the Property which is more fully described on Exhibit "A" attached to the Affidavit and made a part hereof by reference. Defendant is the real owner of the Property encumbered by the Mortgage. The Defendant is now in possession of the Property. B. DEFAULT AND RELIEF REQUESTED The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due Febuary 15, 2004, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. {00151750) The following amounts are due on the Mortgage and Note: Balance of Principal .................................$61,281.97 Accrued but Unpaid Interest from 2/15/04 to 2/22/07 @ 9.00% per annum ($16.77 per diem) .......................... ..$19,078.06 Accrued Late Charges ..................... ..$1,054.50 EscrowAdvance ............................. $9,935.27 Title Search Fees ........................... ..$350.00 Reasonable Attorney's Fees .............. ..$1,250.00 TOTAL as of 02/22/2007 ....................... ...$92,094.80 Plus, the following amounts accrued after February 22, 2007: Interest at the Rate of 8.50 per cent per annum ($16.77 per diem); Late Charges of $28.50 per month. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 661 W. Old York Road, Carlisle, PA 17013 on January 31, 2006, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. III. ARGUMENT There is no genuine issue of material fact as to Defendants' obligations under the Note and Mortgage and default on their obligations under the Note and the Mortgage. Thus Plaintiff is entitled to judgment as a matter of law. Pennsylvania Rule of Civil Procedure 1035.2 provides that a motion for summary judgment will be granted if. After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report... toolsl7so} Pa.R.Civ.P. 1035.2; Eckenrod v. GAF Corp., 375 Pa. Super, 187, 192, 544 A.2d 50, 53 (1988), allocatur denied, 520 Pa. 605, 553 A.2d 968 (1988); McCain v. Pennbank, 379 Pa. Super. 313, 318-319, 549 A.2d 1311, 1313-14 (1988); see, also, Celotex v. Catrett, 477 U.S. 317, 322-23 (1986); Musser v. Vilsmeier Action Co., 522 Pa. 367, 753, 562 A.2d 279, 280 (1991) (Summary judgment is proper where the facts are undisputed and only one conclusion may reasonably be drawn from them, that is, in those cases that are clear and free from doubt). A non-moving party may not rely merely upon controverted allegations in the pleadings, but must set forth specific facts by way of affidavit, or in some other way as provided by Rule 1035.2 of the Pennsylvania Rules of Civil Procedure, demonstrating that a genuine issues exists. Atkinson v. Haug, 424 Pa. Super. 406, 411, 622 A.2d 983, 985 (1993). Bald, unsupported assertions of conclusory accusations cannot create genuine issues of material fact. McCain, 379 Pa. Super. at 318-19, 549 A.2d 1313-14. In this case, there is no genuine issue of material fact as to Defendants' default on their obligations pursuant to the Note and Mortgage (sometimes hereinafter collectively referred to as the "Loan Documents"). The Loan Documents state that as conditions of the Loan Documents, Defendants must make all payments in the Loan Documents when due and in the amount due. The Defendant did not specifically deny the default under the Loan Documents. The Loan Documents also state that if this condition is breached, Plaintiff may declare the Mortgage to be in default, demand immediate payment of the Note and foreclose on the Mortgage and Property. Notably, upon default, there is no requirement that Plaintiff provide notice of the acceleration prior to acceleration. According to the Loan Documents, Plaintiff may recover the attorneys' fees and costs incurred in this action. At the time of the entry of final judgment, Plaintiff will submit proof with regard to the actual amount of attorneys' fees and costs incurred in the action. The Defendants essentially admit the material facts set forth in Plaintiff's Complaint, which include, inter alia, the existence of the Loan evidenced by the Note and Mortgage (00151750) executed by the Defendant; that after demand, Defendant failed, and continues to fail, to comply with the terms of the Mortgage, including payment thereof, for an excessive period of time; and that Defendant is in default of the Mortgage. Again, the Defendant admits that the mortgage payments are in arrears by failing to specifically deny the arrears. The Defendants do not specify the amount he believes is due under the Note and Mortgage. In other words, the Defendants do admit the default but fails to specifically dispute the amount of default Defendants' Mortgage account is contractually due for the period of February 15, 2004 to date, a period of over twenty-five (25) months to the date of the filing of this Motion. Thus, Defendants are living in the mortgaged premises for free. As a result of Defendants' nonperformance, the present action in Mortgage Foreclosure was filed and, as of this date, Defendants have failed to bring the account current. Since the Defendants do not dispute the default under the Loan Documents there is no material fact subject to a genuine dispute. Again, the Defendants makes bald unsupportable claims that can not defeat summary judgment as the Defendants do not dispute the default under the Loan Documents. Accordingly, the instant matter is ripe for summary judgment. IV. CONCLUSION WHEREFORE, for the foregoing reasons, Plaintiff, The Bank of New York, et al, respectfully requests that summary judgment be entered in its favor and against the Defendants, Duane L. Lebo and Martina L. Lebo. Respectfully Submitted, MILSTEAD & ASSOCIATES, LLC BY: S. Wer zbe ger, Esquire 220 Lake Drive East, Ste. 301 Cherry Hill, NJ 08002 Attorney for Plaintiff, The Bank of New York, et al {00151750} MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File 5.01248 The Bank of new York, et al; COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Duane L. Lebo No.: 06-4094 661 West Old York Road Carlisle, PA 17013, CIVIL ACTION and MORTGAGE FORECLOSURE Martina L. Lebo 661 West Old York Road Carlisle, PA 17013, Defendants. CERTIFICATE OF SERVICE I, Pina S. Wertzberger, hereby certify that I have caused to be served a copy of Plaintiff's Motion for Summary Judgment with Supporting Affidavit, Memorandum in Support of Plaintiff's Motion for Summary Judgment and proposed form Order by first class mail, postage pre-paid this ?y of March 2007 upon Defendant's Counsel addressed as follows: Dale F. Shughart, Esq. 10 W. High Street Carlisle, PA 17013 P a S. Wertzber , squire (00151750) MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of new York, et al; Plaintiff, Vs. Duane L. Lebo 661 West Old York Road Carlisle, PA 17013, and Attorney for Plaintiff File 5.01248 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-4094 CIVIL ACTION MORTGAGE FORECLOSURE Martina L. Lebo ' 661 West Old York Road Carlisle, PA 17013, Defendants. STATE OF NEW YORK COUNTY OF NASSAU SS. Andrew Goldberg, Esquire, being duly sworn to law, deposes and says that: 1. I, Andrew Goldberg, am the attorney in fact of The Bank of New York, et al and am fully familiar with the facts contained herein. 2. As such, I make the within Affidavit based upon my knowledge of this matter 3. Plaintiff, The Bank of New York, et al, (the "Plaintiff'), maintains a place of business at 20 Broad Street, New York, NY 10005. 4. Defendants are adult individuasl and the titled owners of the real property commonly known as 661 W. Old York Road, Carlisle, PA 17013.. {00151750} 5. On February 10, 1994, in consideration of a loan in the principal amount of $65,000.00, the Defendants executed and delivered to The Money Store Co., Inc. a variable rate note (the "Note") with interest thereon at 9.99 percent per annum, payable as to the principal and interest in equal monthly installments of $569.94 commencing February 10, 1994. The current interest rate is 9.99 percent per annum. 6. To secure the obligations under the Note, the Defendant executed and delivered to The Money Store Financial Co., Inc. a mortgage (the "Mortgage") dated February 10, 1994, recorded on February 15, 1994 in the Department of Records in and for the County of Cumberland under Mortgage Book 712, Page 3469. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. The mortgage was assigned to Wachovia Bank, N.A. recorded November 1, 2004 in Book 712 and Page 3469. Plaintiff is proper party plaintiff by way of an assignment to be recorded. 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 1318 Orr Avenue, Kittanning, PA 16201. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 8. The Defendants are default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due February 15, 2004, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage and Note: Balance of Principal ..................................$46,275.72 Accrued but Unpaid Interest from 8/1/05 to 6/30/06 @ 7.0% per annum ($8.87 per diem) 7/1/06 to 1/18/07 @ 8.50% per annum ($16.77 per diem) ........................................$5,140.14 {00151750) Accrued Late Charges ....................................$197.23 Corporate Advance ......................................$1,165.94 Escrow Advance ..........................................$4,787.67 Title Search Fees ............................................$350.00 Deferred Late Charges ........................................$0.00 Insufficient Funds Charges ...............................$25.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 01/18/2007 ..........................$92,949.80 Plus, the following amounts accrued after February 22, 2007: Interest at the Rate of 8.50 per cent per annum ($16.77 per diem); Late Charges of $28.50 per month. 10. Plaintiff has complied fully with Act No. 91 (35 P.S.' 1680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 661 W. Old York Road, Carlisle, PA 17013 on January 31, 2006, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. 11. According to the Note, Plaintiff may recover the attorneys' fees and costs incurred in this action. At the time of the entry of final judgment, Plaintiff will submit proof with regard to the actual amount of attorneys' fees and costs incurred in the action. 12. In the Answer, the Defendants admit that the mortgage payments are in arrears by failing to specifically deny the arrears. The Defendants do not specify the amount they believe are due under the Note and Mortgage. In other words, the Defendants admit the default, but fails to specifically dispute the amount of the default. 13. At no time relevant herein did Plaintiff agree to a loan modification. Accordingly, all sums due under the loan documents remain due and owing. 100151750) I certify that the foregoing statements made by me are true and correct. I am aware that if any of the statements made by me are willfully false, I am subject to punishment. The Bank of New York By Barclays Capital Real Estate Inc. By: Name: Andrew Title: Rosicki, ] Attorney Sworn to and Subs{ d Before me this ?T )day Of 1(v6-", 007 Notary Public Yorik t40TAF1Y r U C-; ti-- Commss :. . Servicing, attorney in fact {00151750} EXHIBIT "A" 4/22/03 6:13 PAGE 4/4 RightFAX EXHIBIT A ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF DICKINSON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS THEREIN ERECTED SITUATE IN THE TOWNSHIP OF DICKINSON, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE PUBLIC ROAD KNOWN AS THE YORK ROAD (PENNSYLVANIA ROUTE 174) 12 FEET WEST OF THE PROPERTY LINE OF LAND NOW OR FORMERLY OWNED BY RAYMOND J. WISS, ET AL.; THENCE PARALLEL TO SAID PROPERTY LINE NORTH 7 DEGREES 30 MINUTES WEST 216.65 FEET TO A PIN; THENCE SOUTH 82 DEGREES 30 MINUTES WEST 208.71 FEET TO A PIN; THENCE SOUTH 7 DEGREES 30 MINUTES EAST 216.65 FEET TO A POINT ON THE PUBLIC ROAD KNOWN AS YORK ROAD (PENNSYLVANIA ROUTE 174); THENCE NORTH 82 DEGREES 30 MINUTES EAST 208.71 FEET TO A POINT, THE PLACE OF BEGINNING. ADDRESS: 661 W OLD YORK RD.; CARLISLE, PA 17013 TAX MAP OR PARCEL ID NO.: 08-11-0292-005 EXHIBIT "B" JANUARY 31, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage of your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to Help 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 Agengy. The name address and phone number of Consumer Credit Counseling Agencies servicing 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 legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO " HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DALVAR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. MORTGAGOR'S NAME MAILING ADDRESS: LOAN ACCT NO.: ORIGINAL LENDER/SERVICER: CURRENT LENDER/SERVICER: Duane L. Lebo and Martina L. Lebo 661 West Old York Road, Carlisle, PA 17013 71713267 The Bank of New York Interbay Funding, LLC as servicing agent for Wachovia Bank, N.A. as trustee fka First Union National Bank for Bayview Series 2002-D YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOUR MAKE FUTURE MORTGAGE PAYMENTS (00084318) IF YOU COMPLY WIC THE PROVISIONS IF THE HOMEO ? ER'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 consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after its receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania {00084318) Housing Finance Agency its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART IF THIS NOTICE IF FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 661 West Old York Road, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: 2/15/04 thru 1/15/06 at $855.25 per month = $19,670.75 Escrow Advances-$8,330.14 Recording Fees-$27.00 Interest Due-$8,603.62 TOTAL AMOUNT PAST DUE: $36,631.51 HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $36,631.51 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check or money order made payable and sent to: Regular Mail HomEq Servicine Corporation P.O. Box 96053 Charlotte, NC 28296-0053 Overnight FUNB Lockbox 96053 1525 West W.T. Harris Blvd. Charlotte, NC 28262-00 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. 100084318} IF THE MORTGAGE... _i'ORECLOSED UPON -The mortgaged r_,)perty will be sold by the Sheriff to pay off the mortgaged debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE - If you have no cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or charges then due, reasonable attorney's fees and costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing the default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately FIVE (5) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of the action will be by contacting the lender. HOW TO CONTACT THE LENDER: 96012 Name of Lender: HomEq Servicing Corporation Address: P.O. Box Charlotte, NC 28296-0012 Phone Number: 1-866-577-8834 EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XX may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are satisfied. Please contact: {00084318} 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 THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDER YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS TO ASSERT ANY OTER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. Michael J. M' ead, Esq. Milstead & Associates, LLC {00084318} This is an attempt by a _ .,)t collector to collect a debt. Any infbn. dtion obtained will be used for that purpose. Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume that this debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice that the debt, or any portion thereof, is disputed, this office will obtain verification of the debt and mail you a copy of such verification. Collection agencies are regulated by federal law which grants you certain rights. One of these is right to have us cease communication with you about this debt. If you ask us in writing to cease, we will. This law is administered by the Federal Trade Commission, Division of Credit Practices, Washington, DC 20580. If you request this office in writing within thirty (30) days after receiving this notice, this office will provide you with a name and address of the original creditor, if different from the current creditor. {00084318} CUMBERLAND COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342-2397 Effective 4/27/2004 at 11:30:12 AM ct SHERIFF'S RETURN - REGULAR CASE NO: 2006-04094 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS LEBO DUANE L 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 LEBO MARTINA L the DEFENDANT at 2000:00 HOURS, on the 2nd day of February , 2007 at 661 WEST OLD YORK ROAD CARLISLE, PA 17013 POSTED PROPERTY AT 661 WEST by handing to OLD YORK ROAD CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Posting 6.00 Surcharge 10.00 .00 v'44.56 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/06/2007 MILSTEAD & ASSOCIATES By Deputy riff A.D. f w. PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court The Bank of New York et al., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. ORIGINAL Duane L. Lebo, No.: 06-4094 Civil Term and CIVIL ACTION MORTGAGE FORECLOSURE Martina L. Lebo, Defendants. 1. Plaintiffs Motion for Summary Judgment. 2. Counsel who will argue the case: (a) For Plaintiff: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (b) For Defendant: Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 117013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court date: The 16t` day of May, 2007 Respectfully Submitted, EAD & ASSO//CIATES, LLC BY: ?? Dina S. WertzbKrger, Esquire 220 Lake Drive East, Ste. 301 Cherry Hill, NJ 08002 Attorney for Plaintiff {00163666} t '00 MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff / File No.: 5.01248 The Bank of New York et al., Plaintiff, Vs. Duane L. Lebo, and Martina L. Lebo, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-4094 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Pina S. Wertzberger, hereby certify that I have caused to be served a copy of the Praecipe for Listing Case for Argument for Plaintiff's Motion for Summary Judgment by first class mail, postage pre-paid this 20th day of April, 2007 upon Defendant's Counsel addressed as follows: Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 117013 Pi S. Wertzberger, Esquire {00163666} o c? -n 2 ? rn r r- ll? ?i a ? . s ' 1 GJ lQ ? MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of new York, et al; Plaintiff, Vs. Duane L. Lebo 661 West Old York Road Carlisle, PA 17013, and Martina L. Lebo 661 West Old York Road Carlisle, PA 17013, Defendants. Attorney for Plaintiff File 5.01248 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-4094 CIVIL ACTION MORTGAGE FORECLOSURE ORDER AND NOW, this __L&Aday of M z , 2007, upon consideration of the Motion of plaintiff, The Bank of New York, et al, ("Plaintiff'), for Summary Judgm nt 2n j L Z lb Tee--* Q? Cows SC. S (the "Motion"), and the responding papers thereto and the arguments of counsel, AiW, it is A hereby: (00151750) t,ii\? `ltd 'i p Y .:l. n-o ORDERED AND DECREED that the Motion is hereby GRANTED; and it is further ORDERED that judgment in mortgage foreclosure is entered in favor of Plaintiff and against Defendants, Duane L. Lebo and Martina L. Lebo, in the amount of $92,949.80 together with interest from and after February 22, 2007 at the per diem rate of $16.77 per diem, and Late Charges of $28.50 per month, plus attorneys' fees and costs of suit. BY THE COURT: 3. (00151750) MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400Attorney for Plaintiff File 5.01248 The Bank of new York, et al; COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Duane L. Lebo No.: 06-4094 661 West Old York Road Carlisle, PA 17013, i CIVIL ACTION MORTGAGE FORECLOSURE and Martina L. Lebo 661 West Old York Road Carlisle, PA 17013, Defendants. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. MI AD &ASSOCIATES, LLC Pina S. Wertzberger, Esquire Attorney ID No. 77274 Attorney for Plaintiff, The Bank of new York, et al; {00172117) -- -am 9 -5 `- _? -< MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff / File No.: 5.01248 The Bank of New York et al., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. ' Duane L. Lebo, No.: 06-4094 Civil Term and CIVIL ACTION MORTGAGE FORECLOSURE Martina L. Lebo, Defendants. CERTIFICATE OF SERVICE I, Pina S. Wertzberger, hereby certify that I have caused to be served a copy of the Praecipe to Dismiss without prejudice by first class mail, postage pre-paid this 4`h day of June, 2007 upon Defendant's Counsel addressed as follows: Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 117013 Pina S. Wertzberger, Esquire {00172117} " C-D C ?