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HomeMy WebLinkAbout01-5536THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED 06-01-98. BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, DAVID A. SMYTH and TWYLA p. S · MYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COIANTy C1V~IL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURe; YOU HAVE BEEN SUEI) IN COURI IF YOU WISH FO DEFEND AGAINST lite (LAIMS SEI FOR IH IN THE FOLI,OWING PAGES, LE HAN DEMANDAHDA [JST[D EN LA £'ORTE SI [JS~ED )Eli-RI NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law' firm, unless the Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's la~v firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. If the Creditor who is named as Plaintiff' in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. Written request should be addressed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kristen DiPaolo, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. (a) The Plaintiff: Manufacturers & Traders Trust Company, Trustee /'or Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., is the holder of a mortgage as below described. (b) Fairbanks Capital Corp., is a Corporation having been organized under the laws of the State of Utah and having its principal place of business at 3815 Sonthwest Temple, Salt Lake City, UT 84I 15. (c) Fairbanks Capital Corp. is the loan servicing agent for Plaintiff: maintaining the business records fbr the Plaintiff/Mortgagee in the ordinary course and scope of business. 2. (a) Defendant David A. Smyth is an individual whose last known address is 455 Hunter Road. Newville. PA 17241. (b) Defendant Twyla P. Smyth is an individual whose last known address is 455 Hunter Road. Newville, PA 17241. (c) Defendant David Smyth holds an interest in the subject property as both a Real Owner and Mortgagor. (d) Defendant Twyla Smyth bolds an interest in the subject property as both a Real Owner and Mortgagor. (e) If either of the above named Defendants is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through their estate whether the estate is probated. 3. (a) The residential mortgage being lbreclosed upon is secured by property located at 455 Hunter Road, address within the Township of Lower Mifflin. Cumberland County, Pennsylvania. (b) Ail documents evidencing the residential mortgage have been recorded in the Recordcr of Deeds' Office in Cumberland County, Pennsylvania. (c) The Mortgage was executed on May 26, 1998 and was recorded on June 02, 1998 in Mortgage Book 1457, at Page 732. (d) The legal description fbr this parcel is attached and incorporated as Exhibit "A" (Mortgaged Premises). (e) The herein named Plaintiff has standing to bring the instant action by virtue of Assignments of Mortgage, duly and publicly recorded as below: Assignor: Keystone State Mortgage Corporation Assignee: ContiMortgage Corp. Recording Date: September 2, 1998 (Assignment) Book: 587 At Page: 461 Assignor: ContiMortgage Corp. Assignee: Manufacturers and Traders Trust Company, Trustee Securitization Series 1998-2, Agreement dated 6-1-98 Recording Date: September 2, 1998 (Assignment) Book: 587 At Page: 463 By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and 1019(g), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage lbreclosure action. 4. Tbe mortgage is in default because the Defendants above named thiled to timely tender the montbly payment f $4Z,.79 on May 1, 2001, and thereafter failed to make the monthly payments. 5. As authorized under the mortgage instrument, the loan obligation has been accelerated. 6. Plaintiff seeks entry of judgment in rem on the fbllowing sums: (a) Principal balance of mortgage due and oxving (b) Interest due and owing at the rate of 11.65% calculated from the default date above stated through September 30, 2001 hrterest will continue to accrue at the per diem rate of $13.43 through the date on which judgment in rem is entered in PIaintif'ffs favor. (c) Late Charges due and owing under the Note in accordance with the Mortgage Instrument (d) Escrow Advances made by Plaintiff Mortgagee on behalf of Defendant mortgage account (e) Corporate Advances made by Plaintiff Mortgagee on behalf of Defendant mortgage account on-Sufhment Fund (NSF Charges) (g) Court Costs and fees as recoverable nnder the mortgage terms, estimated (Ir) Attorneys' fees Calculated as 5% of the principal balance due, in accordance with the mortgage terms $42,087.99 2.445.96 386.94 515.00 307.55 60.00 300.00 2,104.39 TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF S48,207.83 7. (a) The attorneys' fees set forth as recoverable at Paragraph 6(g) are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third-party purchaser at a Sheriff's Sale only. (b) If the mortgage arrears are to be reinstated or paid-off prior to the Sherift's Sale, Plaintiff's actual attorneys' tees calculated at counsel's hourly rate) will be charged based upon work actually performed. 8. (a) The original pnncipal balance of the Mortgage is less than Fiffy Thousand ($50,000.00) Dollars. (b) Under Pennsylvania's ACT 6 of 1974, Plaintiff Mortgagee is obliged to serve Notice of its Intention to Accelerate the mortgage by certified mailing prior to initiating fbreclosure proceedings. The Plaintiffhereunder served said Notice upon the defaulting borrowers on July 4, 2001. 9. (a) The subject mortgage is governed by ACT 91 of 1983. (b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is obligated to serve the Defendauts with notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating foreclosure proceedings. The Plaintiff' hereunder served said Notice upon the defaulting borrowers on July 4, 2001. (c) The Defendant has failed to make a timely application fbr financial assistance with the Pennsylvania Housing Finance Agency. WHEREFORE, the Plaintift; Manufacturers & Traders Trust Company, Trustee fbr Securitization Series 1998-2, Agreement Dated 6-01-98, by and through its Loan Servicing Agent, Fairbanks Capital Corp., respectfully requests: -- Entry of judgment in rem against the Defendants above named in the total amount of $48,207.83 as stated at Paragraph 6, plus all additional interest and late charges accruing through date ofjudgmeut entry; and -- Foreclosure and Sherifffs Sale of the subject mortgaged property. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: ~ Pl. ' Barbara A. Fein, ~-squire Attorney tbr Plaintiff Attorney I.D. No. 53002 DESCRIPTION ALE THAT CERTAIN tract of/and with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of Township Road 414, said point being three hundred forty-nine (349) feet Northwest of the property line of John Chestnnt and A/fred Gaialer; thence North forty-three (43) degrees seven (07) minutes West (129.45) feet along the center of said a distance of one hundred twenty-nine and forty-five hundredths Township Road 414 to a pin in the center of said road; thence North fif~:y-two (52) degrees five (05) minutes West a distance of eighty and twenty-two hundredths (80.22) feet still along the center of said Township Road 414 to a pin in the center of said Township Road and corner of other lands of the Grantor herein; ff~ence North forty-nine (49) degrees zero (00) minutes East a distance of two hundred twenty-eight and twenty hundredths (228.20) feet along lands of the grantor herein to a stake and corner of other lands of the grantor herein; thence South forty-one (4 l) degrees zero (00) minutes East a distance of two hundred eight (208.00) feet still along other lands of the grantor herein; ~tence South forty-nine (49) degrees zero (00) minutes West a distance of two hundred eight (208.00) feet still along other lands of the grantors herein to a pin in the center of the aforesaid Township Road 414 and place of beginning. Tax Parcel #15-05-0415-003 VERIFICATION The undersigned, an officer of Fairbanks Capital Corp., the instant Plaintiff, or its servicing agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervise~ by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the unders!gned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. tle: Foreclosure Specialist Company: Fairbanks Capital Corp. /~UG ~ 9 2001 SHERIFF'S RETURN - REGULAR ~ASE NO: 2001-05536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS SMYTH DAVID A ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of who being duly sworn according to law, - MORT FORE was served upon the Cumberland County,Pennsylvania, says, the within COMPLAINT SMYTH DAVID A DEFENDANT , at 0934:00 HOURS, at 455 HUNTER ROAD NEWVII,I,E, PA 17241 on the 4th day of October , 2001 by handing to TWYLA SMYTH, WIFE 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 7.80 Affidavit .00 Surcharge 10.00 .00 35.80 Sworn and Subscribed to before me this /~ f~ day of A.D. ~P~othonot ary So Answers: R. Thomas Kline 10/05/2001 BARBARA FEINt_ By: ~ SHERIFF'S RETURN ~ASE NO: 2001-05536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS SMYTH DAVID A ET AL - REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMYTH TWYLA P the DEFENDANT , at 0934:00 HOURS, at 455 HUNTER ROAD on the 4th day of October , 2001 NEWVILLE, PA 17241 by handing to TWYLA SMYTH 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ ~ day of ~ ~3~o¢ A.D. Pr6t~onotary So Answers: R. Thomas Kline 0/0s/2001 BARBAPJI FEIN By: ~riff ~ THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, Vo DAVID SMYTH and TWYLA SMYTH Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL PRAECIPE TO NOTIFY THAT CIVIL ACTION IS NO LONGER STAYED BY VIRTUE OF BANKRUPTCY FILING TO THE PROTHONOTARY: Kindly mark the Civil Action Docket to reflect that this case is no longer stayed by virtue of a Bankruptcy filing. Counsel for the Plaintiff, The Law Offices of Barbara A. Fein, P.C., certifies that the attached is a tree and correct copy of the original Order entered in the United States Bankruptcy Court for The Middle District of Pennsylvania (Exhibit "A" appended hereto). THE LAW OFFICES OF BARBARA A. FEIN, P.C.: Dated: December 19, 2002 Barbara A. Fein, Esquire Attorney for the Plaintiff UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA 0V 0 8 IN KE: David A. Smyth Twyla P. Smyth Debtors CHAPTER 13 BKNO: t 01-05198 JJT ORDER MODIFYING SECTION 362 AUTOMATIC STAY AND NOW, this/'~"d~aY of /kiel ~i'~[.~,¢>002, upon Motion of Fairbanks Capital Corporation (Movant), and the filing of a Certification of Default, it is ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 455 Hunters Road, Newville, PA 17241, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Shedff's Sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises; and it is further ORDERED AND DECREED THAT: Rule 4001 (a)(3) is not applicable and Fairbanks Capital Corporation may immediately enforce and implement this order granting Relief from the Automatic Stay. tsl d0h~ ,I. Thom~,~ United States Bankruptcy Judge cc: Judith T. Romano, Esquire Suite 1400/One Penn Center at Suburban Station Philadelphia, PA 19103-1814 Charles J. DeHart, 111, Esquire (Trustee) P.O. Box 410 Hummelstown, PA 17036 James K. Jones, Esquire 7 Irvine Row Carlisle, PA 17013-3019 David A. Smyth Twyla P. Smyth 455 Hunters Road Newviile, PA 17241 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, DAVID SMYTH and TWYLA SMYTH Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-55;36 CIVIL PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the above captioned Complaint in Mortgage Foreclosure. January 6, 2003 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 SHERIFF' S RETURN - REGULAR CASE NO: 2001-05536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS SMYTH DAVID A 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 SMYTH DAVID A the DEFENDANT , at 1933:00 HOURS, on the 10th day of January at 455 HUNTER ROAD NEWVILLE, PA 17241 TWYLA P SMYTH a true and attested copy of COMPLAINT - MORT FORE , 2003 by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this /f~ day of k//~ 2~ A.D. P~o~honotary So Answers: R. Thomas Kline 01/13/2003 BARBARA FEIN By: ~-e p~u t y Sheri-f ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-05536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS SMYTH DAVID A 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 SMYTH TWYLA P the DEFENDANT , at 1933:00 HOURS, on the 10th day of January at 455 HUNTER ROAD NEWVILLE, PA 17241 by handing to TWYLA P SMYTH a true and attested copy of COMPLAINT - MORT FORE , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /y~ day of ~ ~rot~5otary ' So Answers: R. Thomas Kline 01/13/2003 BARBARA FEIN By: D~'puty- 'Sheri f f ~ THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, Vo DAVID SMYTH and TWYLA SMYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND FOR ASSESSMENT OF DAMAGES Kindly enter judgment for $54,689.98 in favor of the Plaintiff, Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., and against the Defendants, David Smyth and Twyla Smyth, for failure to file an Answer to Plaintiff's Complaint in Mortgage Foreclosure within twenty (20) days from service thereof and assess Plaintiff's damages as follows and calculated from those set forth in the Complaint. Principal balance of mortgage $42,087.99 Interest due and owing at the rate of 11.65% calculated from the default date through February 18, 2003 9,228.11 Late Charges due and owing under the Note in accordance with the Mortgage Instrument 386.94 Escrow Advances made by Plaintiff Mortgagee on behalf of De'fen'dant mortgage account 515.00 Corporate Advances made by Plaintiff Mortgagee on behalf of Defendant Mortgage account 307.55 Non-Sufficient Fund (NSF Charges) 60.00 Attorneys' fees 2,104.40 TOTAL IN REM JUDGMENT TO BE ENTERED $54,689.98 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, Trustee for Securitization Series 1998-2 Agreement dated 6-01-98, By and Through its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, DAVID SMYTH and TWYLA SMYTH, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE STATE OF UTAH . · S.S.: COUNTY OF SALT LAKE - THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff, or as servicing agent of the Plaintiff herein named, and that the above named Defendant(s) is/are not in the Military or Naval Service of the United States of America or its Allies as defined under the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant as stated under the accompanying page. TITLE: COMPANY: Sworn to and sut~jibed before ~ this ~ d ay.,o ~-~t-- , 2001. Defendant : Age : Residence : Employment : David Smyth Over 18 455 Hunters Rd., Newville, PA 17241 Unknown Defendant : Age : Residence : Employment : Twyla Smyth Over 18 455 Hunters Rd., Newville, PA 17241 Unknown THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, DAVID SMYTH and TWYLA SMYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL CERTIFICATION OF MAILING OF NOTICE UNDER PA. RCP RULE 237.1 The undersigned hereby certifies that a written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the Defendant(s) and/or to their legal counsel of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the appended copy of the Notice, sent as stated. Dated: David Smyth 455 Hunter Road Newville, PA 17241 February 4, 2003 Twyla Smyth 455 Hunter Road Newville, PA 17241 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, DAVID SMYTH and TWYLA SMYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL NOTICE OF INTENTION TO TAKE DEFAULT UNDER PA. RCP RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice as set forth below, a Judgment may be entered against you without a heating and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where' you can get legal help: Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este case. A1 no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 Date of Notice: February 4; 2003 PERSONS SERVED: David Smyth 455 Hunter Road Newville, PA 17241 Twyla Smyth 455 Hunter Road Newville, PA 17241 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, Vo DAVID SMYTH and TWYLA SMYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL CERTIFICATION OF ADDRESS I, Barbara A. Fein, Esquire, Attorney for the Plaintiff, Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., hereby certify that the Plaintiffs correct address is 3815 Southwest Temple, Salt Lake City, Utah 84115, and the last known address of each Defendant is as below. David Smyth 455 Hunter Road Newville, PA 17241 Twyla Smyth 455 Hunter Road Newville, PA 17241 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esqmre Attorney for Plaintiff THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, Vo DAVID SMYTH and TWYLA SMYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL CERTIFICATE OF SERVICE '. I, Barbara A. Fein, Esquire, Attorney for the Plaintiff, Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., hereby certify that I have served a true and correct copy of the appended mortgage foreclosure pleadings/papers upon the following parties at the last known address and/or upon an attorney of record, as noted: David Smyth 455 Hunter Road Newville, PA 17241 Twyla Smyth 455 Hunter Road Newville, PA 17241 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, ui Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 CURT LONG, PROTHONOTARY TO: David Smyth 455 Hunter Road Newville, PA 17241 MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, Vo DAVID SMYTH and TWYLA SMYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above captioned proceed~icated below. CURT LONG, PROTHONOTAffY [XX] Judgment by Default entered IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: BARBARA A. FEIN, ESQUIRE AT (215) 653-7450. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 CURT LONG, PROTHONOTARY TO: Twyla Smyth 455 Hunter Road Newville, PA 17241 MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, Vo DAVID SMYTH and TWYLA SMYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above captioned proceeding~s indicated below. CURT LONG, PROTHONOTARY [XX] Judgment by Default entered IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: BARBARA A. FEIN, ESQUIRE AT (215) 653-7450. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, COURT OF COMMON PLEA ~gt52 NO. 01-55:36 CIVIL ~7~ ._ Mo DAVID SMYTH and TWYLA SMYTH, Defendant(s). PRAECIPE TO AMEND WRIT OF iEXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY: Kindly amend the issued Writ of Execution in the above matter to reflect that interest is to be projected through June 11, 2003 in the amount of $1,006.88. AMOUNT DUE INTEREST FROM February 18, 2003 Through June 11, 2003 TOTAL COSTS TO BE ADDED $54,689.98 1,006.88 $ 55,696.86 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire / Attorney I.D. No. 53002 425 Commerce Drive, Suiterl00 Fort Washington, PA 19034 (215) 653-7450 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-5536 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2 AGREEMENT DATED 06-01-98 BY AND THROUGH ITS LOAN SERVICING AGENT FAIRBANKS CAPITAL CORP. Plaintiff (s) From DAVID SMITH AND TWYLA SMITH, 455 HUNTER ROAD, NEWVILLE PA 17241. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $54,689.98 Interest 2/18/03 TO 6/11/03 Atty's Comm % Arty Paid $176.08 Plaintiff Paid Date: March 11,22003 (Seal) REQUESTING PARTY: Name Barbara a. fein esquire Address: 425 commerce dr., suite 100 fort washington pa 19034 Attorney for: PLAINTIFF Telephone: (215) 653-7450 Supreme Court ID No. 53002 L.L. $.50 $1,006.88 (AMENDED 3/18/03) Due Prothy 1.00 Other Costs CURTIS R. LONG Prothonotary By: ~..~~)t Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY NO. 01-5536 CIVIL AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, COURT OF COMMON PLEAS Ve DAVID SMYTH and TWYLA SMYTH, Defendant(s). PRAECIPE TO ISSUE WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THEPROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County, against DAVID SMYTH and TWYLA SMYTH, Defendant(s), and real property situated at 455 Hunter Road, Newville, Township of Lower Mifflin, Cumberland County, Pennsylvania 17241. AMOUNT DUE INTEREST FROM February 18, 2003 Through June 5, 2003 COSTS TO BE ADDED THE LAW OFFICES OF BARBARA A. FEiN, p.c. Barbara A. Fein, Esquire [~I Attorney I.D. No. 53002 [ji 425 Commerce Drive, Suite lb0 Fort Washington, PA 19034 (215) 653-7450 $54,689.98 952.94 DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland CountY, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the cemer of Township Road 414, said point being three hundred forty-nine (349) feet Northwest of the property line of John Chestnut and Alfred Gaialer; thence North forty-three (43) degrees seven (07) minutes West a distance of one hundred twenty-nine and forty-five hundredths (129.45) feet along the center of said Township Road 414 to a pin in the center of said road; thence North fifty-two (52) degrees five (05) minutes West a distance of eightY and twentY-two hundredths (80.22) feet still along the center of said Township Road 414 to a pin in the center of said Township Road and comer of other lands of the Grantor herein; thence North forty-nine (49) degrees zero (00) minutes East a distance of two hundred twenty-eight and twenty hundredths (228.20) feet along lands of the grantor herein to a stake and corner of other lands of the grantor herein; thence South forty-one (41) degrees zero (00) minutes East a distance of two hundred eight (208.00) feet still along other lands of the grantor herein; thence South forty-nine (49) degrees zero (00) minutes West a distance of two hundred eight (208.00) feet still along other lands of the grantors herein to a pin in the 'center of the aforesaid Township Road 414 and place of beginning. Tax Parcel #15-05-0415-003 BEING THE SAME PREMISES conveyed by Lester S. Neidigh and Rebecca A. Neidigh, Husband and Wife, to David A. Smyth and Twyla P. Smyth, Husband and Wife, by Deed dated and recorded on July 18, 1997, in Deed Book Volume 161, Page 312. ALSO KNOWN AS 455 Hunters Road, Newville. _ WRIT OF EXECUTION and/or ATTACHMENT (2) of COMMONWEALTH OF PENNSYLVANIA) NO01-5536 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED 06-01-98 BY AND THROUGH ITS LOAN SERVICING AGENT FAIRBANKS CAPITAL CORP. Plaintiff (s) From DAVID SMYTH AND TWYLA SMYTH 455 HUNTER ROAD NEWVILLE PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. You are also directed to attach the property of the defendant(s) not levied upon in the possession GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS 54,689.98 L.L.$0.50 Interest $ 952.94 FROM FEBRUARY 18, 2003- THROUGH JUNE 5, 2003 Atty's Comm % Due Prothy $1.00 Atty Paid $176.08 Other Costs Plaintiff Paid Date: MARCH 11, 2003 (Seal) REQUESTING PARTY: Name BARBARA A FEIN ESQUIRE Address: 425 COMMERCE DRIVE SUITE 100 FORT WASHINGTON, PA 19034 CURTIS R. LONG Prothonotary By: Deputy Attorney for: PLAINTIFF Telephone: (215) 653-7450 Supreme Court ID No. 53002 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff File No. 01-6663 MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, DAVID SMYTH and TWYLA SMYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL AFFIDAVIT UNDER PA. RCP RULE 3129 Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 455 Hunter Road, Newville, Township of Lower Mifflin, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each Owner and/or Reputed Owner: David Smyth 455 Hunter Road Newville, PA 17241 Twyla Smyth 455 Hunter Road Newville, PA 17241 Name and address of each Defendant named in the judgment: David Smyth 455 Hunter Road Newville, PA 17241 Twyla Smyth 455 Hunter Road Newville, PA 17241 o Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None o Name and address of the last recorded holder of every mortgage of record: Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff 394 South Warminster Road Hatboro, PA 19040 Northwest Consumer Discount Company 223 Penrose Place Carlisle, PA 17013 Name and address of every other person or entity which has any record lien on the property: None o Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Shelby Winter, Tax Collector 1101 Dribling Gap Road Newville, PA 17241 Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 o Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 455 Hunter Road Newville, PA 17241 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: March 8, 2003 THE BY: LAW OFFICES OF BARBARA A. ~IN, arbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 P.C. THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen j. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff File No. 01-6663 MANUFACTURERS & TPg%DERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP.., Plaintiff, DAVID SMYTH and TWYLA SMYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY David Smyth 455 Hunter Road Newville, PA 17241 Twyla Smyth 455 Hunter Road Newville, PA 17241 Your house at 455 Hunter Road, Newville, Township of Lower Mifflin, Cumberland County, Pennsylvania is scheduled to be sold by the Cumberland County Sheriff,s Department on June 5, 2003 at the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the Court judgment of $54,689.98 obtained by Plaintiff, Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98 By And Through Its Loan Servicing Agent Fairbanks Capital Corp., against yOU. , ' NOTICE OF OWNERS, RIGHTS YOU MAy BE ABLE TO PREVENT THIS SHERIFF,S SALE To Prevent this Sheriff s Sale, you must take immediate action: , 1. This sale will be canceled if you pay to Plaintiff MOrtgagee the back payments, late charges, costs and reasonable attorneys, fees due. To find out how much you must pay, you may call Kristen j. DiPaolo, Esquire at (215) 653-7450. . . 2. You may be abl ~ asking the Court ~ .... ~ to stow the s=~ ..... was improperly7 en~ Inrl~e or open the ~7~= my r~ling a petitio sale fo~ - -~ ~re~. You ma~- ~ · udgment, if t~ . ~ n ~ ~oo~ cause ~ ~so as~ the Co,~ ~ ~ ]U~gment ~ eo postpone the 3. You may also be able to st_~_~ the sale through other legal proceedings. You may need an attorney to assert your rights. The SOoner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF,S SALE DOES . 1. If the Sheriff,s ~ ~ TAKE PLACE. ~a~e is not Stopped, your property will be sold to the highest bidder· You may find out the price bid by calling Kristen j. DiPaolo, Esquire at (215) 653 7450, or by calling the Cumberland County Sheriff s Department at (717) 240- 6390. , - 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate Compared to the value of your property. 3 The sale will go through only if th Sherif~ the full amount bid in t e bu er ~ened, you may call Kri-~ he sale. To find --~ .-pays the ~[ or by calling the ~ ~ue~ j. DiPaolo, Es~,~u5 ~r this has ~'~/~ 240-6390. ~umoeriand Count~, o~_ ~ at (215) 653- ~ oH~rlr~,s Department at 4. If the amount due from the buyer is not paid to the Cumberland County Sheriff, you will remain the property as if the sale had never happened·OWner of the 5. You have the right full amount due is paid to remain in the property until the to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from schedule will state who will b~ receiving tha~ --- Sale. This will be paid out in accordance the dat~ of Sheriff,s (reasons why the proposed With this sche~,~'~_~"u~eY· The money distribution is wro~~ unless exceptions Sheriff within ten (10) days after the distribution sheet is posted, are filed with the 7. You may also ha __ gettin o -ye oth~ . g Y ur house back, if ..... ~lghts and defemo~ ~_ ~uu ace imme~-~ --~=~, or ways ~u~y after of zOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A the sale. "~ FIND OUT WHERE YO ~'~u~L P? F? OR TELEPHON THE OFFICE U .... ~T LEGAL HELp. E Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 DESCRIPTION ALL THAT CERTAIN tract of/and w/th the i~provernents thereon erected situate in Lower Mifflin Township, Cumber/and Cou.nty, Pennsylva~a, more particularly bounded and described as fo//ows.- BEGINNING at a point in the center of Township Road 414, said point being three hundred forty-nine (349) feet Northwest of the property line of John Chestnut and Alfred Gala/er; thence North forty-three (43) degrees seven (07) minutes West a distance of one hUndrec/tWenty-nine and forty-five hundredths (129.45) feet along the center of said Township Road 414 to a pla in the center of said road; thence North fifty-two (52) degrees five (05) minutes West a distance of eighty anc/tWenty-two hundredths (80.22) feet still along the center of said Township Road 414 to a pin in the center of said Township Road and corner of Other lands of the Grantor herein; thence North forty-nine (49) degrees zero (00) minutes East a distance of two hundred twenty-eight and twenty hUndrec/ths (228.20) feet a/ong lands of the grantor herein to a stake and corner of other lands of the grantor herein; thence South forty-one (41) degrees zero (00) mi-ames East a distance of two hundred eight (208.00) feet still a/ong other/ands of the grantor herein; thence South forv~_e~,~e (49) degrees zero (00) minutes West a distance of two hundred eight (208.00) feet still along other/ands of the grantors herein to a pin in the center of the aforesaid Township Road 414 and p/ace of beginning. Tax Parcel #I5~05-0415-003 BE/NG THE SAME PREMISE ' and Wife, to David A. Srnyth andS conveyed byLesterS. Ne/d/ h a Twyla p. Srnvt u.._,_ _ g _ nd RebeccaA N ' ' on July 18, 1997, in Deed Book Volume 161, Page 312. '"' ~'y ~,eed dated and recorded yth, ~u~oana and Wir~ u. ~, -' eld~gh, Husband ALSO KNOWN AS 455 Hunters Road, Newville. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, DAVID SMYTH and TWYLA SMYTH, Defendants. NO. 01-5536 CIVIL CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the attorney of record for the Plaintiff, Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., in this action against real property and I further certify that this property is: IX] That the Plaintiff has complied in all respects with Section 403 of the HOMEOWNERS, EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 which may include but is not limited to: (a) Service of notice on Defendants (b) Expiration of thirty days since the service of the Notice (c) Defendants, failure to request or to appear at a face-to- face meeting with the Mortgagee or with a Consumer Credit Counseling Agency (d) Defendants, failure to file an application for financial assistance with the Pennsylvania Housing Finance Agency I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any false statements given herein. THE LAW OFFICES OF BARBARA ~A./FEIN, BY: ~ ~r~e Barbara A. Fein, Esq Attorney for Plaintii~f Attorney I.D. No. 53002 P.C. THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff File No. 01-6663 Loan No. 2066643871 MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, Vo DAVID A. SMYTH and TWYLA P. SMYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL PRAECIPE TO WITHDRAW JUDGMENT ENTERED TO THE PROTHONOTARY: Kindly mark the record to reflect that the Plaintiff withdraws the judgment entered in the above entitled civil action. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for the Plaintiff Attorney I.D. No. 53002 Dated: May 22, 2003 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff File No. 01-6663 Loan No. 2066643871 MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, Vo DAVID A. SMYTH and TWYLA P. SMYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL PRAECIPE TO DISCONTINUE CIVIL ACTION TO THE PROTHONOTARY: Kindly mark the above entitled civil action discontinued without prejudice. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire Attorney for the Plaintiff Attorney I.D. No. 53002 Dated: May 22, 2003