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HomeMy WebLinkAbout06-4430GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D.#16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF WACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION F1KJA FIRST UNION HOME EQUITY BANK, N.A. One Old Country Road Suite 429 Carle Place, NY 11514 VS. DOROTHEA L. BAILEY Mortgagor and Real Owner 306 Shed Road Newville, PA 17241 Plaintiff Defendant Term CIVIL AST-ION: MORTGAGE FO"CL( SLIME NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may he entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. ot. - y4jb ewtt _ l E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL P.ROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 918-241-3351 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MS-1818. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. Resources available for Homeowners in Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is WACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION F/K/A FIRST UNION HOME EQUITY BANK, N.A., One Old Country Road, Suite 429 Carle Place, NY 11514. 2. The name and address of the Defendant is DOROTHEA L. BAILEY, 306 Shed Road, Newville, PA 17241, who is the mortgagor and real owner of the mortgaged premises hereinafter described. On February 08, 2000 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to FIRSTAR BANK, N.A., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1555, Page 427. The mortgage has been assigned to: WACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION F/K/A FIRST UNION HOME EQUITY BANK, N.A. by assignment of Mortgage dated February 08, 2000 as Book 637, Page 414. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for March 01, 2006, and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 02/01/2006 through 07/31/2006 at 8.3900% Per Diem interest rate at $22.02 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 03/01/2006 to 07/31/2006 Monthly late charge amount at $39.27 Costs of suit and Title Search Fees NSF Fees Recoverable Balance $95,805.42 $3,985.61 $4,790.27 $392.70 $900.00 $42.00 $15.00 $124.35 $106,055.35 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or and "in nersonam" judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $106,055.35, together with interest at the rate of $22.02, per day and other expenses costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. ATTORNEY FOR PLAINTIFF BY: JOSEPH A. GOLDBECK, JR., ESQUIRE VERIFICATION I, John A. Dunnery , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities Date: o1,31.oG MW PUBLIC E1- MM MMWE MW Colt* so" O*W V. 2010 ?fiibiot,g ALTA Loan Mllry MORTGAGE TITLE INSURANCE POLICY SCHEDULE A CONTINUED Policy No. 39 0247 107 00007854 File No. PACU0490334 Legal Description ALL that certain tract of land with the improvements thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point in the center of Township Road No. 412 (heretofore erroneosly designated as Township Road No. 402), which point is 378 feet, more or less, from the Northern boundry of the property now or formerly of Paul Ickea; thence by land now or formerly of Clair W. Lehman, South 45 degrees West 145 feet to a stake; thence by the same, North 45 degrees East 250 feet to a point in the center of Township Road No. 412 aforesaid; thence by the center of said Road, South 45 degrees East 145 feet to the place of BEGINING. BEING improved with a ranch type dwelling house with attached garage. Thin policy is invalid unless the insuring provisions and schedules A and a are attached Chicago Title Insurance Company rki6it (13 H01vrEQ SERVICING DF785 May 9, 2006 Iiiillliiiliilililiiiillllllelll DOROTHEA L BAILEY 306 SHED ROAD NEWVILLE, PA 17241 HOMEOWNERS NAME(S); DOROTHEA L BAILEY PROPERTY ADDRESS: 306 SHED ROAD NEWVILLE, PA 17241 LOAN ACCOUNT NUMBER: 0006168002 CURRENT LENDER/SERVICER: HomEq Servicing Corporation ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on Your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help You you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with You when you meet with the counseling agency.. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice, f you have any questions you may call the Pennsylvania Housing Finance Agency toll fr ee at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing Corporation is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE ® WACHC«rTA HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN AVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND 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 the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE CONSUMER CREDIT COUNSELING AGENCIES If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further 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 Your property is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. Advise this lender/servicer immediately only your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the 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/servicer, you have the right to apply for financial assistance from the Homeowners 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 completed 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. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The Agency) has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 306 SHED ROAD NEW VILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $2,356.47 c) Late Charges: $314.16 d) Recoverable Corporate Advances: $117.60 e) Other Charges and Advances: Wo f) Less funds in Suspense: $0.00 g) Total amount past due as of (due date): $2,788.23 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $2,788.23 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiers check. certified check. or money order made savable to HomEa and sent to: Regular Mail HomEq Servicing Corporation P. O. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice, (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 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/servicer 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 opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing Corporation also intends to instruct its attorneys to start a legal action to foreclose uuon Your morteaeed nrooerty. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the servicer even if they are over $50.00. Any attorneys fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. You will not be reauired to uav attornevs' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer may also sue you personally for the unpaid principal balance and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, y_ou still have the right to cure the default and prevent the sale at any time uo to one hour before the Sheriff s Sale You may do so by paying the total amount then roast due plus any late charges, other charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender/servicer and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE It is estimated that the earliest date that such Sheriff s sale of the mortgaged 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. The amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender/servicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Corporation Contact Name PA Housing Response Specialist Address 4837 Watt Avenue, North Highlands, CA 95660-5170 Attn: PA Housing Response Team Telephone Number: 1-866-577-8834 FAX Number (916) 339-6940 for use by local counseling agency to notify HomEq that the homeowner met with the agency. EFFECT OF SHERIFF'S SALE You should realize that a Sheriff s sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 YOU MAY ALSO HAVE THE RIGHT • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT; • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF; • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;) • TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDERISERVICER; AND/OR • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit repotting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Corporation Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8/18/2005 at 10:05:07 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1 (888) 511-2227 Community Action Commission of Capital 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 1 (800) 342-2397 ...-?. VI ;ice th ~ i ' a r SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04430 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WACHOVIA BANK OF DELAWARE VS BAILEY DOROTHEA L 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 BAILEY DOROTHEA L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 306 SHED ROAD NEWVILLE, PA 17241 NOT FOUND , as to BAILEY DOROTHEA L ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, UNBALE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: So answer --- Docketing 18.00 Service 26.40 Not Found 5.00 R. Thomas K1' Surcharge 10.00 Sheriff of Cumbe and County Postage .39 59.79 ? GOLDBECK MCCAFFERTY MCKEEVER ` L)- 09/05/2006 Sworn and Subscribed/ to before me this day of A. D. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.# 16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff WACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION F/K/A FIRST UNION HOME EQUITY BANK, N.A. One Old Country Road Suite 429 Carle Place, NY 11514 vs. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-4430 DOROTHEA L. BAILEY 306 Shed Road Newville, PA 17241 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, David B. Fein, Esq., in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 306 Shed Road, Newville, PA, 17241, hereinafter, the "mortgaged premises". 2. Defendant, DOROTHEA L. BAILEY, is the mortgagor and real owner of the mortgaged premises. 3. The last known address of Defendant, Dorothea L. Bailey, is as set forth in Paragraph 2 of the Complaint. 4. The Sheriff has been unable to effect service of the Complaint upon Defendant, Dorothea L. Bailey, at her property address, 306 Shed Road, Newville, PA, 17241, after numerous attempts. The Sheriff was unable to locate the Defendant, Dorothea L. Bailey. 5. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Dorothea L. Bailey. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant, Dorothea L. Bailey, by posting the premises and certified and regular mail to the Defendant's last known address. BY: David B. Fein, Esq. U N I R.SAL NEI` 7S E RVI C E S .MML Affidavit of Good Faith Investigation Client provided information: File Number: MS-1818 Attorney Firm: Goldbeck, McCafferty & McKeever File Name: Bailey Subject Name: Dorothea L. Bailey Property Address: Street: 306 Shed Road City: Newville State: PA Zip: 17241 Skip Results: Date of Birth: 09/09/1956 Universal File Number: 57205 Verified Dates: As of 07/21/2006 Street: 306 Shed Road Phone: 717-776-6780 City: Newville State: PA Zip: 17241 Death Records: As of 07/21/2006, the Social Security Administration has no death record on file for Dorothea L. Bailey. Social Security Number search completed. Employment Search: Unable to verify current employer. Creditor information: Creditors indicated the last reported address for Dorothea L. Bailey as 306 Shed Road, Newville, PA 17241 Department of Motor Vehicle Records: The Pennsylvania Department of Motor Vehicles provided no change for Dorothea L. Bailey from 306 Shed Road, Newville, PA 17241 Public Licenses (Pilot, Real Estate, etc): Search performed provided no information. Voter Registration Information : The County Voters Registration Office has no listing for Dorothea L. Bailey. National Postal Address Search: Has no change for Dorothea L. Bailey from 306 Shed Road, Newville, PA 17241 Comments: 717-776-6780: Spoke with unidentified male relative at residence, verified current address as 306 Shed Road, Newville, PA 17241 On 07/21/2006, 4, Patti Garrett being duly sworn according to the law, deposes and says: I am employed by Universal Default Service. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. .??e 5;s?nsc:rty?:?3 try; Cv,?ryrr? az-j, taC'ti?r? a-r?,L;, ? r f Date: 07/21/2006 .... #. .. AL.. ar?R " KIM AATTEBERY y Notary P,bijc STATE OF TEXAS ? Commission Exp 09-12-24109 f 329 OAKS TRAIL PLAZA • SUITE 2 0 2 • G ARLAND, TEXAS 75043 OFFICE : (972) 226-8q83 • FAX : (972) 226-8887 i Um Pr ?n ve CASE NO: 2005-04430 P COMMONTWEALTH OF PENNSYLVANIA COUNTY (QF CUMBERLAND WACHOVIA BANK OF DELAWARE VS BAILEY DOROT?IEA L P , i IRN - NOT FOUND ','^ 6?24 P ' 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 BAILEY DOROTHEA L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BAILEY DOROTHEA L 305 SHED ROAD NEWVILLE, PA 17241 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, ?SALE TO SERVE PRIOR, TO EXPIRATION. Sheriff's Costs: So answers.:- Docketing 18.00 Service 26.40 Not Found 5.00 R. Thomas Kli. Surcharge 10,00 Sheriff of Cumbe and County Postage .39 59.79 GOLDBECK MCCAFFERTY MCKEEVER 09/05/2006 Sworn and Subscribed to before me this day of , A.D. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.# 16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff WACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION F/K/A FIRST UNION HOME EQUITY BANK, N.A. One Old Country Road Suite 429 Carle Place, NY 11514 vs. DOROTHEA L. BAILEY 306 Shed Road Newville, PA 17241 VERIFICATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-4430 I, David B. Fein, Esq., Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. BY: David B. Fein, Esq. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.# 16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff WACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION F/K/A FIRST UNION HOME EQUITY BANK, N.A. One Old Country Road Suite 429 Carle Place, NY 11514" vs. DOROTHEA L. BAILEY 306 Shed Road Newville, PA 17241 No. 06-4430 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P: 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant, Dorothea L. Bailey, which the Sheriff has been unable to personally serve upon Defendant, Dorothea L. Bailey. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant, Dorothea L. Bailey, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, David B. Fein, Esq. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.# 16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff WACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION F/K/A FIRST UNION HOME EQUITY BANK, N.A. One Old Country Road Suite 429 Carle Place, NY 11514 VS. DOROTHEA L. BAILEY 306 Shed Road Newville, PA 17241 CERTIFICATE OF SERVICE No. 06-4430 David B. Fein, Esq., does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, Dorothea L. Bailey, this 25th day of September 2006, by first class mail, postage prepaid. BY: David B. Fein, Esq. IN THE COURT OF COMMON PLEAS Of Cumberland County C^? r _ cr,% S E P 2 7 2006 GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff WACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION F/K/A FIRST UNION HOME EQUITY BANK, N.A. One Old Country Road Suite 429 Carle Place, NY 11514 vs. DOROTHEA L. BAILEY 306 Shed Road Newville, PA 17241 ORDER 06-4430 AND NOW, this -26'0 day of Ock, 2006, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Dorothea L. Bailey, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, Dorothea L. Bailey, by posting a copy of the Complaint upon the premises 306 Shed Road, Newville, PA, 17241, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 306 Shed Road, Newville, PA, 17241, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Dorothea L. Bailey, by sending copies of same to Defendant's last known address by certified and regu ar mail and by posting the premises. BY THE COURT: dlO J ?O IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY FILED -? NY i IIp GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF WACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION F/K/A FIRST UNION HOME EQUITY BANK, N.A. One Old Country Road Suite 429 Carle Place, NY 11514 Plaintiff VS. DOROTHEA L. BAILEY 306 Shed Road Newville, PA 17241 Defendant(s) Term No. 06-4430 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE GOLDBECK, McCAFFERTY & McKEEVER 157 By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff ev c . A GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF WACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION F/K1A FIRST UNION HOME EQUITY BANK, N.A. One Old Country Road Suite 429 Carle Place, NY 11514 VS. DOROTHEA L. BAILEY Mortgagor(s) 306 Shed Road Newville, PA 17241 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-4430 CERTIFICATE OF SERVICE JOSEPH A. GOLDBECK, JR. ESQUIRE hereby certifies that on he did serve upon Defendant DOROTHEA L. BAILEY a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated October 2, 2006. The undersigned understands that the statements herein and subject to the penalties provided by 18 P. S. Section 4904. Respectfully submitted, AJ MkIM GOLD K cC Y & McKEEVER BY: JOSEPH-N. GOLDBECK, JR. ESQUIRE t1rn SHERIFF'S RETURN - REGULAR CASE NO: 2006-04430 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK OF DELAWARE VS BAILEY DOROTHEA L WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BAILEY DOROTHEA L the DEFENDANT , at 1244:00 HOURS, on the 13th day of October , 2006 at 306 SHED ROAD NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 306 SHED ROAD.NEWVILLE 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: So Answers: Docketing Service 18.00 9.68 ii`-D'?:.?? Posting 6.00 Surcharge 10.00 R. Thomas Kline .00 43.68? 10/13/2006 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscibed to By: Z 4 , - before me this day 41 Deputy Sheriff of A. D. i GOLDBECK McCAFFERTY & McKEEVER BY: Lisa A. Lee Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 ATTORNEY FOR PLAINTIFF WACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION F/K/A FIRST UNION HOME EQUITY BANK, N.A. One Old Country Road Suite 429 Carle Place, NY 11514 Plaintiff vs. DOROTHEA L. BAILEY Mortgagors and Record owners 306 Shed Road Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 06-4430 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. Lisa A. Le , Esquire Attorney for Plaintiff QF THE MM6THOW)TARY 109 OCT -1 PM 3: 05 CUMbb r"t,) .L,6OUNTY PENNSYLVANIA.