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HomeMy WebLinkAbout00-03897 .' =-.' ",~ ---.- "'. ~'~~"-""'" ,1- ~,,~'" Ii , GOLDBECK McCAFFERTY BY: Joseph A. Goldbeck, Attorney I.D.#16132 suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff & McKEEVER Jr. COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE vs. 704 Forge ;Carlisle, Road PA 17013 Defendant(s) Term 06- BP'i'70' (?,'Ut'l/~ CIVIL ACTION: MORTGAGE FORECLOSURE JOHN A. RODRIGUEZ AND SHERRY L. RODRIGUEZ (Mortgagor(s) and Real Owner(s)) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money 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 Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. a Irvine Row, Carlisle, PA 17013 (717) 243-9400 A V ISO LE BAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. pARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJA8 EN ESTA DEMANDA. RECUERDE: 81 USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PART1CIPACION. EN'TONCES, LA COUTE PUEDE, SIN NOTIFlCARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED COMPLA CON TQDAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DlNERO, PROP1EDAD U QTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. 81 NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE II (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland county Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 " = ,^. cc_ _.__.~ " ., _ .', ~". - 'k< ~ ~,,' , COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is COUNTRYWIDE HOME LOANS INC., F /K/A AMERICA'S WHOLESALE LENDER, 7105 Corporate Drive, PTX B-35, Plano, TX 75024-3632. 2. The name(s) and address(es) of the Defendant(s) is/are JOHN A. RODRIGUEZ, PO Box 72, Boiling Springs, PA 17007 and SHERRY L. RODRIGUEZ, PO Box 72, Boiling Springs, PA 17007, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described. 3. On August 5, 1997, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1398, Page 878. The mortgage has not been assigned. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due october 1, 1999, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 9/ 1/99 through 5/31/00 at 10.750% Per diem interest rate at $21.89 Attorney's Fee at 5% of Principal Balance Late Charges 10/ 1/99- 5/31/00 Monthly late charge amount at $39.23 Costs of suit and Title Search $ 74,321.99 5,997.86 3,716.10 313 . 84 560.00 $ 84,909.79 Escrow Balance Monthly Escrow amount $239.94 $ 84,909.79 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's ~. . ,,~ =,,- . - "' "".., -, - -"- ""I Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) 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 "A". The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $84,909.79, together with interest at the rate of $21.89, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: GOLDBECK BY: Joseph A. Goldbe Attorney for Plaintif McKEEVER , Jr., Esq. -!:l 4- ,-- '~i MAY 0S '00 03:01PM P.2/2 , VERIFICATION I, JIIl.SAI.ENTINE 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: 6-,;{0- &() .iif '. ~ ,', .. . . .. . . ,,' \ , ,/ f ~I 'l' .., ",' ':,>,' .;.", ,'C,'_"_'_~;-, '_iJ,_',-;""... ~";'" ' c;:\""p5I\wpdaA\1'OBC't'IlVlpT.dcc4 , ,.<.:.' .;l.l548 /1 Pa"'~1 No. 40-09-0533-006. DEED I " ~ day of August, 1997, THIS DEED made this BETWEEN VONNIE M. MCGUIRE, Attorney-in-Fact for LAWRENCE J. TANGER. of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter called "GRANTOR", AND JOHN A. RODRIGUEZ and SHERRY L. RODRIGUEZ. husband and wife, of 704 Forge Road, Carlisle, Cumberland County, Pennsylvania. hereinafter called "GRANTEES": WITNESSETH: That in consideration of Eighty Four Thousand Bnd 00/100. ($84,000.00) Dol/ars, in hand paid, the receipt whereof is hereby acknowledged, rhe GfliJntor does hereby gram and convey ro rhe said Grantees, as renants by the enrireties, their heirs and 8ssigns, ALL THAT CERTAIN lot of ground. situate in the Tow"ship of South Middleton. County of Cumberland and State of Pe"nsylvania, bounded and described as follows, to wit: BEGINNING at a point at the intersection of the North side of a .15 foot alley with the West side of the Carlis/e-Boiling Springs concrete rOlld; thence along the West side of the said road 250 feet to a stake; thence at right angles to said road' in a Westerly direction 481.3 feetto a point on the North side of the above mantioned alley; thence along the direction 481.3 feet to a point on the North side of the above mentioned alley; thence along the North side of the said alley in an Easterly direction 542.8 feet to the .Place of BEGINNING. CONTAINING 1 acre end 60:55 perches, more or less_ HAVING THEREON ERECTED a frame dwelling house, frame garage, frame work shop and other buildings. BEING the same property which John M. Jones and Mary L. Jones. husband and wife. by their Deed dated and recorded May 28, 1945. in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "Z', VQlume 12, Page 329, granted and conveyed unto Lawrence J. Tanger and Esther M_ Tanger. .husband and wife. The said Esther M. Tanger died on ~"" It,_l.,t_ 'I ''\~l , thereby vesting fee simple title, by operation of law. in her surviving widower. Grantor herein. .~ifK 162 fA~f 6'73 ~~ ~ ~ q '" . -~ - ~- -~-" '; , - Send Correspondence to: P.O. Box 260599 PlllllO, TX 75026-0599 Send Payments to: P.O. Box 660694 Dallas, TX 75266-0694 March 9, 2000 Certified Mail No. Sherry L. ROdriguez P. O. Box 72 Boiling Springs, P A 17007 Countrywide Loan # 9489325 Property Address: 704 Forge Rd. Carlisle, PA 17013 NOTICE OF INTENTION TO FORECLOSE Countrywide Home Loans, Inc. (hereinafter "Countrywide") services your home loan. Your home loan is in serious default because you have not made your required payments. The total amount now required to reinstate your loan as of the date of this Jetter is as follows: Monthly Pavrnents: 09/01199 - 03/01100 @ @ 940.75 6585.25 Late Chanzes: 09/01/99 - 03/01/00 39.23 235.38 Other Chanzes; Uncollected Late Charges: Uncollected Costs: Partial Payment Balance 243.52 458.00 122.98 7.399.17 TOTAL DUE You may cure this default within THIRTY -FIVE (35) DAYS of the date of this letter, by paying to us the above amount of $7,399.17, plus any additional monthly payments, late charges, fees and other applicable charges which may fall due during this period. Such payment must be in the form of certified check, cashier's check or money order, and made payable to Countrywide at P.O. Box 10221, Van Nuys, CA 9l410..Q221. lfyout cheek or other payment is returned taus for insufficient funds or for any other reason, you will not have cured your default. No extension ,oftilne to cure will be granted due to a returned payment. If yon do not cure this default within THIRTY-FIVE (35) DAYS, we will accelerate the mortgage payments. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If the full payment of the amount of default is not made within THffiTY ~ FIVE (35) DAYS, we also intend to immediately start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00, However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure this default within the thirty-five day period, you will not be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpaid principal balance and all other swns due under the mortgage, If you have not cured the default within the thirty-five (35) day period and foreclosure proceedings have begun, you still have the right to cure the defuuh and prevent the sale at any time up to one hour before the foreclosure sale. You may do so by paying the total due, as well as all reasonable attorney's fees and costs incurred in conncection with the foreclosure sale (and perform any other reqirements under the mortgage.) Pursuant to your loan documents, and because your loan is in default, Countrywide may, at its option, enter upon and conduct an inspection of your property. The purpose of this inspection is to observe the physical condition of your property, to veritY that the property is occupied and/or to detennine the identity ofilie occupant. You will be responsible for the cost of any such inspection, It is estimated that the earliest date that such a foreclosure sale could be held would be aproximately six (6) months from the date of this letter. A notice of the date of the foreclosure sale will be sent to you before the sale. You may find out at any time exactly what the required payment will be by calling us at the following number: 800-6694575. This payment must be in the form of cashier's check, certified check or money order and made payable to us at the address stated above. If you cure this default, the mortgage will be restored to the same position as ifno default had occured. However, you may not cure your default more than three (3) times in any calendar year, You should realize that a foreclosure sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. - , If you are unable to- cure your default on or before, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale afyo-ur property. For example: *Repayment Plan: It is possible that Countrywide may be able to assist you in keeping your home by offering you some form of payment assistance. Our basic plan requires that you. pay Countrywide, up front, at least IA of the oUnOunt necessary to bring your account current, and that you pay the balance afyo-ur overdue arnont, along with your regular monthly payment, over a defined period of time. Other repayment plans also are available. "'Loan Modification: Alternatively, it is possible that Countrywide may be able to lower your regular monthly payments by reducing your interest rate, and then capitalize your delinquent payments to your current loan amount, through a modification of your loan, This foreclosure alternative, however, is limited to certain loan types. "'Sale of Your Property: Alternatively, if you are willing to sell your home in order to avoid foreclosure, Countrywide may be able to offer you an alternative to foreclosure even if your home is worth less than what is owed on it. "Deed~in-Lieu: Alternatively, if your property is free from other liens or encumbrances, and if your default is due to a serious financial hardship which is beyond your control, you may be elegible to deed your property directly to Countrywide and avoid the foreclosure sale. If you are interested in discussing foreclosure alternati.ves with Countrywi.de, you must contact us immediately. rfyou request assistance, Countrywide will detennine, in its sole descretion, whether that assistance will be extended to you. In the meantime, Countrywide will proceed with all conection, enforcement andlor foreclosure efforts unless it agrees otherwise in writing. Please be advised that failure to bring your loan current or to enter into a written agreement as outlined above will result in the acceleration of your debt. rime is of the essence!! Should you have any questions concerning this notice, please contact Countrywide's office immediately at 1-800-669~4575, extension 7149. Gail Malone Loan Counselor 800-669-4575, Extension 7149 If your loan was in default at the time that it was acquired by Cowrlrywide, please be advised of the following: 1. Countrywide is a debt collector, we are attempting to collect a debt, and any infonnation Countrywide obtains will be used for that purpose. 2, The amount currently owed to Countrywide is $7,399.17 (there may be other accrued interest, costs and expenses). Unless you, witltin thirty (30) days after receipt of this letter. dispute the validity of the d,!bt owed or any portion of this debt, we will assume the amount to be valid. If you notHy. us in writing within this thirty (30) day time frame that you dispute or any portion of the debt, we will obtain verification of the debt and mail it to you and, if you so request, provide you with the name and address of the original creditor if it is different from the current creditor, Please direct any written disputes to the following address: Countrywide Home Loans, Inc. Collections, MS SV..34 Attention: Research Counselor P.O. Box 10221 Vao Noy., CA 9141().0221 This is a re-creation of the original - ~"r ~ ~ ~ _r'-.' - .' ,~, -~-> ,-, .'- Send Correspondence to: P.O. Box 260599 PIano, TX 75026-0599 Send Payments to: P.O. Box 660694 Dallas, TX 75266-0694 March 9, 2000 Certified Mail No. John A. Rodriguez P. O. Box 72 Boiling Springs, P A 17007 Countrywide Loan # 9489325 Property Address: 704 Forge Rd. Carlisle. PA 17013 NOTICE OF INTENTION TO FORECLOSE Countrywide Home Loans, Inc. (hereinafter "Countrywide") services your home loan. Your home loan is in serious default because you have not made your required payments, The total amount now required to reinstate your loan as of the date of this letter is as follows: Monthly PaYments: 09/01199 - 03/0 1/00 @ @ 940.75 6585.25 Late Charl!es: 09/01199 - 03/01100 39.23 235.38 Other Charlles: Uncollected Late Charges: Uncollected Costs: Partial Payment Balance 243.52 458.00 122.98 7,399.17 TOTAL DUE You may cure this default within THIRTY MFIVE (35) DAYS afthe date of this letter, by paying to us the above amount of $7,399.17, plus any additional monthly payments, late charges, fees and other applicable charges which may fall due during this period. Such payment must be in the form of certified check, cashier's check or money order, and made payable to Countrywide at P.O. Box 10221, Van Nuys, CA 91410-0221. If your check or other payment is returned to us for insufficient funds or for any other reason, you will not have cured your default. No extension ,of tUne to cure will be granted due to a retun1ed payment. Ifyau do not cure this default within THIRTY-FIVE (35) DAYS, we will accelerate the mortgage payments. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If the fun payment of the amount of default is not made within THIRTY ~ FIVE (35) DAYS, we also intend to immediately start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure this default within the thirty-five day period, you will not be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFfER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-five (35) day period and foreclosure proceedings have begun, you still bave the right to cure the default and prevent the sale at any time up to one hour before the foreclosure sale. You may do so by paying the total due, as well as all reasonable attorney's fees and costs incurred in conncection with the foreclosure sale (and perform any other reqirements under the mortgage.) Pursuant to your loan documents, and because your loan is in default, Countrywide may, at its option, enter upon and conduct an inspection of your property. The purpose of this inspection is to observe the physical condition of your property, to veritY that the property is occupied andlor to detennine the identity of the occupant. You will be responsible for the cost of any such inspection. It is estimated that the earliest date that such a foreclosure sale eould be held would be aproximately six (6) months from the date of this letter. A notice of the date of the foreclosure sale will be sent to you before the sale. You may fmd out at any time exactly what the required payment will be by calling us at the following number: 800-6694575. This payment must be in the fonn of cashier's check, certifted check or money order and made payable to us at the address stated above. If you cure this default, the mortgage will be restored to the same position as ifno default had oceured. However, you may not cure your default more than three (3) times in- any calendar year. You should realize that a foreclosure sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live irt the property after the Sheriffs sale, a lawsuit could be started to evict you. c_"" I ~ ~ . " If you are unable to cure your default on or before, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: "'Repayment Plan: It is possible that Countrywide may be able to assist you in keeping your home by offering you some form of payment assistance. Our basic plan requires that you pay Countrywide, up front, at least Yz of the amount necessary to bring your account current, and that you pay the balance of your overdue amont, along with your regular monthly payment, over a defined period of time. Other repayment plans also are available. *Loan Modification: Alternatively, it is possible that Countrywide may be able to lower your regular monthly payments by reducing your interest rate, and then capitalize your delinquent payments to your current loan amount, through a modification of your loan. This foreclosure alternative, however, is limited to certain loan types. "'Sale of Your Property: Alternatively, if you are willing to sell your home in order to avoid foreclosure, CountryWide may be able to offer you an alternative to foreclosure even if your home is worth less than what is owed on it. *Deed-in~Lieu: Alternatively, if your property is free from other liens or encumbrances, and if your default is due to a serious fmancial hardship which is beyand your control, you may be eleglble to deed your property directly to Countrywide and avoid the foreclosure sale. If you are interested in discussing foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will determine, in its sole descretion, whether that assistance will be extended to you. In the meantime, Countrywide will proceed with an collection, enforcement andlor foreclosure efforts unless it agrees otherwise in writing. Please be advised that failure to bring your loan current or to enter into a written agreement as outlined above will result in the acceleration of your debt. Time is of the essence!! Should you have any questions concerning this notice, please contact Countrywide's office immediately at 1~800~669-4575, extension 7149. Gail Malone Loan Counselor &00-669-4575, Extension 7149 If your loan was in default at the time that it was acquired by Countrywide, please be advised of the following: 1. Couritrywide is a debt collector, we are attempting to collect a debt, and any infomlation Countrywide obtains will be used for that purpose. 2. The amount currently owed to. Countrywide is $7,399.17 (there may be other accrued interest" costs and expenses). Unles'S: you, within thirty (30) days after receipt of this letter, dispute the validity of the debt owed or any portion of this debt, we will assume the amount to be valid. If you notify, us in writing within this thirty (30) day time frame that you dispute or any portion of the debt, we will obtain verification of the debt and mail it to you and, if you so request, provide you with the name and address of the original creditor ifit is different from the current creditor. Please direct any written disputes to the following address: Countrywide Home Loans, Inc. Collections, MS SV-34 Attention: Research Counselor P.O. Box 10221 Van Nuys, CA 91410..0221 This is a re-creation of the original iIIiliillliil"'"""'~IllOOI1Jr;g'W~~~!,ffi~il@~~~lIlW~l$J!ii_!Iil~~!ID.~H~o.>Ilml~ 'iJ" .,- ;'''''-'~'HC "~.~.M~",=-_--" ,.'-_y, " . ., .."J',~",,';I,'" ,'. Jla!l8iliiU-"'~~"'~~ (:) t "'-t ~1~~~ .{) '- ~a~ ~ ~ I 9 G 1; E p:~ J o c ;;T~ -cf,~; fTI ~-, -..;;' -T' zf': en,-' _/ ~~: ,.,. z:----< $;s: ::::j -< _,~,~,-r. .,_,"~ ~__,~, _ ~.,O,.-" ~u,'~,__ c::> C") f,_. '0 i"...: "8' . ,',) .......,.L:. VJ . :~I-~ ~:::~! '::.n --<. Sr;) ') (Ij ",.', . --~-j - A ,-o~-". , -, "/"-" ..."~-",.,-",, 'nr "" '~1i --~ , ~ COUNTRyvnDEHOMELOANS INC., F/K/A AMERICA'S WHOLESALE LENDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-3897 CIVIL vs. CIVIL ACTION - LAW JOHN A. RODRIGUEZ and SHERRY L. RODRIGUEZ, Defendants ORDER AND NOW, this 18th day of October, 2000, 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 Defendants has been unsuccessful, it is, ORDERED AND DECREED: that Plaintiff s Motion is granted and Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendants by posting a copy of the Complaint upon the premises 704 Forge Road, Carlisle, PA 17013, by certified and regular mail to the Defendants' last known address of 1299 Williams Grove Road, Mechanicsburg, P A 17055, and by publication once in the Cumberland Law Joumal and in a newspaper of general circulation in Cumberland County, 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 Defendants' last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon _'''0' > oJ'~ ~ , "J. ~,,'" ,~- ",--.' "";';;")1 -' .. Defendants by sending copies of same to Defendants' last known address by certified and regular mail and by posting the premises. BY THE COURT, J topU.D~ 10-/9-00 AX.~ Joseph A. Goldbeck, Jr., Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 For the Plaintiff John Rodriguez Sherry Rodriguez 1299 Williams Grove Road Mechanicsburg, P A 17055 Defendants :rlm . ^ '. -'~,',' ""'''''"'" ,^~"".,,-, . -"--;'-'''-'~I OCT 1 1 2000.ctJ GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Dri~e PTX B-35 Plano, TX 75024-3632 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 00-3897 vs. JOHN A. RODRIGUEZ SHERRY L. RODRIGUEZ (Mortgagors and Real Owners) 704 Forge Road Carlisle, PA 17013 AND NOW, this ORDER !,?>rL day of Oe-.to ~c5 I 2000, upon consideration of the Plaintiff's Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendants has been unsuccessful, it is, ORDERED and DECREED: that Plaintiff's Motion is granted and ,.....,./ISH'l~~~~.......mr Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendants by posting a copy of the Complaint upon the premises 704 Forge Road, Carlisle, PA 17013, Mill FlaL L . fii is "t.- - f . I ..!. t;.Be @~........l.d L by certified and regular mail to the Defendants' last known address of 1299 Williams Grove Road, Mechanicsburg, PA 1 705~, I\.and that all further service of legal I 2JJd 61 fvlol!?;t<t?J) anc.e. lr> the Cu--,L,cJ(ef) cd L2<-0 J''''~lJ-2- Vld ~I') 8 I7t'^-'~e.?fV oF ~O>b 2-( c.lr.~'-' Iz.f,".,;; (I"" c.v~ foul ~CL e-ovJ) 1; ) - " ,c- <= ~'" _ ',' -,.,.,~~ "',.>'~ . ".i_)4'C<_ _'''h_,.' -", >..i'j papers, including but not limited. to motions, petitions and rules be made by certified and regular mail to Defendants' last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil proced.ure 3129 may be made upon Defendants by sending copies of same to Defendants' last known address by certified. and regular mail and by posting the premises. BY THE COURT: J. . , ,;~ ~.i '.-,,--..,,' ~-"',.;'" '- "'~<!i GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 00-3897 vs. JOHN A. RODRIGUEZ SHERRY L. RODRIGUEZ (Mortgagors and Real Owners) 704 Forge Road : Carlisle, PA 17013 THIS LAW FIRM IS A DBB'l' COLLEC'l'OR AND lIB ARE ATTEMPTDiIG 'l'O COLLBC'l" A DEBT OIlED 'l'O OUR CLIENT. ANY INPORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLEcr.LJ!IG THE DEBT. MOTION FOR SUBSTl'.1"u'.1"Jill SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, Michael T. McKeever, Esquire, in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 704 Forge Road, Carlisle, PA 17013, hereinafter, the "mortgaged premises". 2 . Defendants, JOHN A. RODRIGUEZ AND SHERRY L. RODRIGUEZ, are the mortgagors and real owners of the mortgaged premises. 3. The last known address of Defendants' is 1299 Williams Gorve Road, Mechanicsburg, PA 170556. ""'-~- -- .,,,,,,- __. ,"t"",,-..-.- ,,0""- '.-'-.~. ":,j 4 . The Sheriff has been unable to effect service of the Complaint upon Defendants at their last known address after numerous attempts. 5 . The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendants. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendants by posting the premises and certified and regular mail to the Defendants' last known address. /tc1Il/k/?'DVV/ , BY: MICHAEL T. MCKEEVER, ESQUIRE ----'yo ,-,' C_, ' .-~,<' -,,~, " " "~, ,," - ,.,' '; GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney 1.0.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney 1.0. #56129 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 IN THE COURT OF COMMON PLEAS OF CDMBERLAND COUNTY No. 00-3897 vs. JOHN A. RODRIGUEZ SHKRRY L. RODlHGUEZ : (Mortgagors and Real Owners) 704 Forge Road carlisle, PA 17~13 CERTIFICATE OF SERVICE I'IfTCHAEI. T. MCKEEVER, Esquire, do hereby certify "hat true and correct COpies of the the foregoing Motion for Substituted Sa:vice have' been served upon the Defendants this Y day of August, , BY: MICHAEL T. MCKE .. - .." ," ~ .-," '."'-" GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney 1.0.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney 1.0. #56129 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 00-3897 vs. JOHN A. RODRIGUEZ SHERRY L. RODRIGUEZ (Mortgagors and Real Owners) : 704 Forge Road Carlisle, PA 17013 VERIFICATION I, MICHAEL T. MCKEEVER, ESQUIRE, 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. ~~ J>> BY MCKEEVER, ESQUIRE - -,y' - - -"~ 0-'- ; --"''';-t GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX B-35 PIano, T.X 75024-3632 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 00-3897 vs. JOHN A. RODRIGUEZ SHERRY L. RODRIGUEZ (Mortgagors and Real Owners) 704 Forge Road : Carlisle, PA 17013 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430Ca) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendants which the Sheriff has been unable to personally serve upon Defendants. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendants' whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430{a). ", " , ,- ,~u",," "c. ,- ^ ,~,-' 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 Defendants by posting the premises and certified mail and regular mail to the Defendants' last known address. Respectf j, - .... " _ ~ J ; "--", .. PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: CWD.0683 Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Case Number: Subject: JOHN A & SHERRY L RODRIGUEZ AKA: SHERRY L SHERK Property Address: 704 FORGE ROAD CARLISLE, PA 17013 Last Known Address: 72 PO BOX BOILING SPRINGS. PA 17007 Last Known Number: (716) 766-2285 Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On OS/24/2000, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION- A SOCIAL SECURITY NUMBER: B. EMPLOYMENT SEARCH: Unable to locate a good employer for John and Sherry. C. INQUIRY OF CREDITORS: The creditors indicated that John and Sherry are living at 1299 Williams Grove Road, Mechanicsburg, Pa.17055 with a home phone number of 716.766-2285. INQUIRY OF TELEPHONE COMPANY - A DIRECTORY ASSISTANCE SEARCH: The home phone number for John and Sherry Rodriguez is 717-766-2285 registered at 1299 Williams Grove Road, Mechanicsburg, Pa.17055. Called the home number and spoke with John who confirmed he and Sherry are both living at this address. INQUIRY OF NEIGHBORS - N/A INQUIRY OF POST OFFICE- A NATIONAL ADDRESS UPDATE: As of May 22, 2000 the National Change of Address (NCOA) has no change for John and Sherry from 1299 Williams Grove Road, Mechanicsburg, Pa.17055. MOTOR VEHICLE REGISTRATION - A MOTOR VEHICLE & DMV OFFICE: The pennsylvania Department of Drivers Licensing has John and Sherry listed at 1299 Williams Grove Road, Mechanicsburg, Pa. 17055. OTHER INQUIRIES - A DEATH RECORDS: As of May 22, 2000 the Social Security Administration has no death records on file for John A and . Sherry l Rodriguez and or a.k.a.'s under their social security numbers. B. PUBLIC LICENSES (PilOT, REAL ESTATE, ETC. ): None Found C. COUNTY VOTER REGISTRATION: The Cumberland County Voters Registration Office has John and Sherry listed at 1299 Williams Grove Road, Mechanicsburg, Pa.17055. OTHER SEARCHES - Social security numbers provided were verified. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: John 11/63 Sherry 07/64 0}~ AFFIANT Michael K Gross ~ - "NOTARY SEAL" Kristine M. Scott, Notary Public SI. Louis County, State of Missouri My Commission Expires 9/2/2002 Players National Locator 16201 Westwoods Business Park Drive St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-03897 P ~OMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . " COUNTRYWIDE HOME LOANS INC VS RODRIGUEZ JOHN A 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, DEFENDANT RODRIGUEZ JOHN A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , RODRIGUEZ JOHN A MULTIPLE ATTEMPTS FOR SERVICE WERE MADE, HOWEVER DEFT. WAS UNABLE TO BE SERVED PRIOR TO EXPIRATION Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 5.58 5.00 10.00 .00 38.58 S~..:~.~.. /.- ) . .. . ,/ ~. ho~as Kline Sheriff of Cumberland County GOLDBECK, MCCAFFERTY, MCKKEVER 07/24/2000 Sworn and subscribed to before me day of this A.D. Prothonotary ., ",,- "' ',k SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-03897 P .t;COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . .... COUNTRYWIDE HOME LOANS INC VS RODRIGUEZ JOHN A 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, DEFENDANT RODRIGUEZ SHERRY L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTI CE , NOT FOUND , as to the within named DEFENDANT , RODRIGUEZ SHERRY L MULTIPLE ATTEMPTS WERE MADE FOR SERVICE, HOWEVER DEFT. WAS UNABLE TO BE SERVED PRIOR TO EXPIRATION.. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 6.00 .00 5.00 10.00 .00 21.00 S.~. ..~~ .~_ ~ R. Thomas Kline Sheriff of Cumberland County GOLDBECK, MCCAFFERTY, MCKEEVER 07/24/2000 Sworn and subscribed to before me this day of A.D. Prothonotary -- '~ ,,-. ",-" /- ..~ . . '. SHERIFF'S DEPARTMENT SHERIFF SERVICE INSTRUCTIONS PLAINTIFFISI ~()~ Wl~ ~ Lo~ DEFENDANTISI ohn It, f Sherr COURT NUMBER iERVE > AT TYPE OF WRIT 0 COMPLAINT f(J kdtJS<./~ NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC., TO SERVICE John SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SERVICE: ADDRESS (Street or Road. Apartme t No.. City, Bora. Twp., State and ZIP Code) /J-7'7 W~a~ Gore. ~J. ~c<~bt/. /1'19 I 7oS-S- SIGNATURE OF ATTORNEY !~ 4. {jrJJk:.k, !Izc. TELEPHONE NUMBER (215) 627-1322 DATE ADDRESS OF ATTORNEY GOLDBECK McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. . 111 S. Independence Mall East Philadelphia, P A 19106 . ."'. .~~ . ~ \ \ "". SHERIFF'S DEPARTMENT SHERIFF SERVICE INSTRUCTIONS PLAINTIFFfSf COURT NUMBER Mdt ~ G~ DEFENDANT/Sf John II. +0 iERYE > AT TYPE OF WRIT 0 L-. t:.odfl u":.c z- {iJ~~ ADDRESS (Street or Road, Apartment No.. City, Boro, Twp., State and ZIP Code) /.) 77 tu~A-:VW ~V'€ M..Lch4A-u~:Sj,v. tPA /7 tJ..s-:s- SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: SIGNATURE OF ATIORNEY !Odepk,(/. q~,!," TELEPHONE NUMBER (215) 627-1322 DATE ADDRESS OF A TIORNEY GOLDBECK McCAFFERTY & McK'EEVER Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 ."" ~U"llI<E<~~1J~Jjif!uiSi!Il[,JUillil~~~*~&j'~lIl1Iiilil -~~-~_:t:.cllj _,.:M;U l:~'\ .' " ..:,f: ~', ;: :,::-;:'; ~^~" "'!". 5 .""::",,", ~r' 0-' ""'''~, ,,,,,,,,,~,,. , ,\:...j,; '#1',', } "'''''',> ',',.,.,C.',.. '~'r\ .' . , i;:<~;~ ~... "':~:" ;' ',)\i:"f'.''''.:''", .r"H ~ " , . ." ~ 'iF),;' :::;;i , .," -'1~\' , .,~, '}' "(' '. ." .",~ , ..". '.,i'; ",,' ,,','. "" ~ ".......-~~ ~-- ~ ~I" ,;''''f''' c 0, o <::> c 0 ~_~'".. -' ~ . ,:r;. 5~ - ffiF" .,f'5 .-.? "~ "Z:::O - ,") '~~',..c!~Jf? I __ \.~ ;t"'~~'~\;-~;>-e'..0~ ,; .-J ~, -, ;<q."'U -/ '~'~ ~,~u~~- ; '!' 'lltf:r (;:) '::':~-t-(~ ".'('..r~_l " " ,.- ";<.;r: i ~;I.' ),h:Jt';!:,l1:" '''''''JIo<>"-",,,", "'.,.'J' , ".p'...........Vt!#i." .,., , _~f~.:, I :.i:'-t~>,...'ff-,A; " '" <;'':"It', ',"{if;S. ,;. ..t:' "J.. ~.,,! , l1i<f Pj"':i('; ~~ . . ", ,",' .' o ~Tl _-4 ;',E~ "Dm '60 (..:) L -;0 --r~fi ?~--n '::>0 zrn ~ ~ '-<; iii' It' - ~- "' I . ,,' ---',": " '. Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff , " '-I :1 [1 i,' ., ':1 " I,::' " " Ili Ii ~i I' I [I ~I ,ii 'I I,' "I " ." ~ Ij :1 [I COUNTRYWIDE HOME LOANS, INC., : IN THE COURT OF COMMON PLEAS F/K1A AMERICA'S WHOLESALE LENDER : CUMBERLAND COUNTY 7105 Corporate Drive, PTX B-35 PENNSYLVANIA Piano, TX 75024-3632 Plaintiff v. No. 00-3897 JOHN A. RODRIGUEZ AND SHERRY L. RODRIGUEZ (Mortgagors and Record Owners) 704 Forge Road Carlisle, PA 17013 Defendants CONSENT JUDGMENT AND NOW,'it is hereby stipulated and agreed by and between the undersigned as follows: 1. Judgment in Mortgage ForeClosure is granted in favor of Plaintiff and against Defendants, damage to be assessed in accordance with the demand in the Complaint. Plaintiff reserves the right to petition the Court to reasSess its damages prior to any Sheriff's sale; 2. Plaintiff hereby waives any deficiency judgment rights it may have as against Defendants and agrees not to pursue Defendants for their personal property liability under the terms of the Promissory Note. '", ,< ~ ~~ "".,,,,,,,,,_ _',"< "..c_, ' ., - 3. Defendants retain the right to reinstate and/or payoff the mortgage in question at anytime prior to a Sheriff's sale, if any, in accordance with the mortgage documents; 4. Defendant has no defenses to this action and does not intend to interpose any answer herein and specifically waives the right to do so and any and all defenses which might otherwise have been contained therein. 5. Plaintiff and Defendant agree that any sums advanced by Plaintiff after the entry' of tilis judgment in mortgage foreclosure shaH become a part of the judgment lien. 6. This Consent Judgment represents the whole agreement of the parties who, intending to be legally bound, have executed it by and through the undersigned duly authorized counsel. Date: / Date: # Date:# '-fo Date: CAROL LINDSAY, ESQUIRE Attorney for Defendant, Sherry L. Rodriguez Date:~ ~ ~' A, ~ 1 erry L. ~o~uez, efentnt '6 "e>' .~ .c . ~t . . .,_ ,-., _ '" . ~ ~'J"~_, ( ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 Plaintiff vs. JOHN A. RODRIGUEZ AND SHERRY L. RODRIGUEZ (Mortgagor(s) and Record Owner(s)) 704 Forge Road Carlisle, PA 17013 Defendant(s) Term No. 00-3897 PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter Judgment in favor of Plaintiff and against JOHN A. RODRIGUEZ and SHERRY L. RODRIGUEZ in accordance with the attached Consent Judgment. (X) Assess damages as follows: Debt $ 92,352.97 Interest 9/ 1/99 to 1/24/01 Total $ (Assessment of Damages attached) I CERTIFY THAT THE FOREGOING ASSESSMENT OF SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE CALCULABLE AS A SUM CERTAIN FROM THE COM DAMAGES IS FOR COMPLAINT AND IS NT. Joseph Attorney I.D. #16 AND NOW J;;n iAo.f l/ pt, Joe; I , Judgment is entered irrfavor of COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER, and against JOHN A. RODRIGUEZ and SHERRY L. RODRIGUEZ in accordance with the attached Consent Judgment and damages assessed in the sum of NINETY TWO THOUSAND THREE HUNDRED FIFTY TWO DOLLARS AND 97 CENTS ($92,352.97), as per the above certification. , Jr. tiff l>J~~~ry 'Prothonotary IikilMmM_lili(' -. ~1;Jl14i!!P1lW;Jmil~iI'!'E.lE~.~M'l<l,"";'~",!:iilli<1ll\~'SlSlt:J-' .'....."'''''~,~ - =~:a;.~-"".~ 11I1] rn ~ \ ~~ 1) "-- ("' " - 1t- (' a ~ -\;" ~ (N .c: " 4--\ ~ ~ -<:> ~ --c (') 0 0 c: -n -;-0 ?S: ~ ~~J ;::.jro "'" -}~ ----.-, n.fT, z <::::> Z::c "1'"- ~ z>: N ~~~ ~6 m ~ ::P -0 :c=H zO 2 9,0 -0 j >c r:- 6fTl ~ \D ~ -< ~ JS:: if 'r' ~ I' ~ ~ -t ~ (' r ~ '" ",^- " ~,," , .-- ~, ,--. - "-' - ,- - ---~ . ,,'" ", ~'-,! ~ ?" GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE vs. JOHN A. RODRIGUEZ AND SHERRY L. RODRIGUEZ (Mortgagor(s) and Record Owner(s)) 704 Forge Road Carlisle, PA 17013 Defendant(s) Term No. 00-3897 ORDER FOR JUDGMENT Please enter Judgment in favor of COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER, and against JOHN A. RODRIGUEZ and SHERRY L. RODRIGUEZ in ac rdance with the attached Consent Judgment, in the sum of NINETY T T AND THREE HUNDRED FIFTY TWO DOLLARS AND 97 CENTS ($92,35 .9 I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is 7105 Corporate Drive, PTX B-35, PIano, TX 75024-3632 and that the name(s) and last known address (es) of the Defendant(s) is/are JOHN A. RODRIGUEZ, c/o Charles Rector, Esquire, 1104 Fernwood Avenue, Suite 203, Camp Hill, PA 17011; RRY ODRIGUEZ, 1299 Williams Grove Road, Mechanicsburg, PA & McKEEVER deck, Jr. ntiff ___<'<0 l,,""""'<;j"""'.~V~JiiiilllllliiilJl!il1~~It/i>1l'lf~.:"~'~-~" - << ,,-- -~. > '", "' -" ~.. ~ ','o/~ _~,' ',.,^ ~-- ..., ,~, ','" <, ." < ">>.........;..., , -0: , ~ (') C 0 C " S- f- -, -om ~ :=-;-:.:0 ~rn :z. :Ii " '(--' Z!);< N ~i~~ ~:,;:; <3'\ kO -0 ~~~ .~-....., ~(') :x r...)-,- ~:.;(} >2 c- arr. ~ w ~ -< ~ ~ ,- 1",. ;;",,,_~..,,- '"-'1,,,,_ ;--",. , ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal balance $ 74,321.99 Interest from 9/ 1/99 through 1/24/01 11,207.68 Attorney's Fee at 5% of principal balance 3,716.10 Late Charges 627.68 Costs of Suit and Title Search 560.00 Escrow Balance Deficit $ 90,433.45 1,919.52 92,352.97 AND NOW, this damages are assessed ~(/r' day of as above. JGc" ,^W'1 , 2001 P!:~h$ ~~ ~'^ W Ji'l.~~ii_l!1i~~~~~i1~ ~~.'11M , ,,~"^' -~~-,.~ -~~ ~ "'" ~'" ..", - '"-~~"1 - ~'~~ < (') '0 0 ~ -n ,(...;. ,~,~ ~ro ":r~ <"'IF rnm z Z::XJ N _"J\=t w:E; 0> tj'T. ~...-:,:- '"l~J !;2CJ -0 _:\- . t ~"':; :1J ~o :JJ: >.J(j )>0 ::- ~rn _-1 C J;! ~ ," ~ << . -^" ~ ,-< . "',F"" -,~",' '-'.-', ," ' ".; l!'J{ ~ VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JOHN A. RODRIGUEZ, is about unknown years of age, that Defendant's last known residence is c/o Charles Rector, Esquirell04 Fernwood Avenue, Suite 203, Camp Hill, PA 17011 and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: 9489325 - RODRIGUEZ,JOHN A. ..;..' .-. ~"l!!it~MIi~!WlIJjJl!dti1Milfi1~otlf~~-~~'-"" <- < -, < , (") 0 n ~ '1- ;:Rev L --' :Do no ;;1:. ~<-~;-G 2:::0 2:C N 0:.c';: (T' ~rf~ ::;Z~; ~~, C> ""C :;:: f;2 ~~ z-< ;S;C c C- Orn 2: :;: ~ ',0 :n -< . "'-: '0.."-'. ,.'. -, VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representati ve for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, SHERRY L. RODRIGUEZ, is about unknown years of age, that Defendant's last known residence is 1299 williams Grove Road, Mechanicsburg, PA 17055 and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of congress of 1940 and its Amendments. Date: 9489325 - RODRIGUEZ,SHERRY L. .w.i!I"'-' iij"l'~ m.1liII~m.AdO!lilr~:!!~ili~l>I'W~"-\l~~"':.'''' <<-- &-",",."". ~. -, , 0 0 0 C -n <::' <- --[ -ore """ -:1'F 92'n ;;e: .:::P N ~gjQ :z: ~,~: l.J'<___ 0' ':JQ ~~c.,; ::;J ., ~C) -0 .,\_~-n ;e,--.. :x: ;'-1Cl L:- ...' C5rn -0 r" ;J;>c -l ~ -"" - ~ ~D . """--"'- .~" '. ~". ---..." -'-~ ..~ -' ~ 0<, " ~_l '" - . " ". ," , ,~ ..,c ,__ ,,,. "j\; , . Rule of Civil Procedure No. 236 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 Plaintiff Term No. 00-3897 vs. JOHN A. RODRIGUEZ AND SHERRY L. RODRIGUEZ (Mortgagor(s) and Record Owner(s)) 704 Forge Road Carlisle, PA 17013 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOT ICE Notice is given that a judgment in the above-captioned matter has been entered against you. proth::ota~ By: -t~ Iff .~ Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 -lruilil~^Jai.illll~ -~.~~_l<<~J!j~lJll~~~I"--=u. --'", e. _^.' L ~ .~ ",,_ "___~ ," w,,'<>~^. _ _ " , , ~"--" ~'"-. . 0 0 () C -n os: '- +-'"-( "U OJ :::- ";;:;:-D rn rr- z '1'''." Z::O t'-, .~~~ :ZC (f">,.tf::.:. (:f' -< L.. ~O -.." ~8 ::x r:- Z-rn 5>c 0 ~ - s;! \.0 ~ . c- -~ ,"'~ '_-''''--'.w.''-~.r ','..' ,- ',- ."~'~' 'H'''," ,,~ "~'" __'-':'_~'o' ,-,- "- t PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC., IN THE COURT OF COMMON PLEAS F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive OF CUMBERLAND COUNTY PTX B-35 PIano, TX 75024-3632 CIVIL ACTION - LAW Plaintiff :ACTION OF MORTGAGE FORECLOSURE VB. Term No. 00-3897 JOHN A. RODRIGUEZ AND SHERRY L. RODRIGUEZ (Mortgagor(s) and Record Owner(s)) 704 Forge Road Carlisle, PA 17013 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $ 92,352.97 Interest from 9/ 1/99 to 1/24/01 at 10.750% $ (Costs to be added) iii"-' '",-" ~ -~>"~-iilIJJO!8!i=<la<~'"-~~ili1iIilIlii!r'",""",Q<_i...lOl"'~"M "'" -l ~~J=__, ~ ,~ ~",,_~ ,0' . " ~<.~, o - <' . 0 0 C) C -" :5: '- ::;:1 -ol13 "'" i+:p fT1rn Z Z::n N ':'o~P~ Zr::: 0> "...,.... CJ)~::;;. ::~~~~) -'< .' kG -0 "r " c:5--+! ~o :x -;0-0 ~-rll ;;;0 .r;- ~ C Z N -". =< :5!. c "-;",',,-, "'-",,' ~""" i:: f-'Ul Ul()yO() ()H~ 'U ()--.JPJl:""'y I:""'''J() H PJ'iCHlO o ZOO ~ PJ o::J. 0 00'-..0 f-'C rt. o,HlUl Ul .-n" 'i>i'o, ~ Z~!@ Z f-' 1-'_ LQ 1-'- f-j f-jtI:ll:""' tEl f-' ~Z tJ'-.. 1-3 >UUlrt~<i nUl Ul~ ~C1 I-'-"J ~o tI:I~f-j ~ "'. 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ALL THAT CERTAIN lot of ground situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at the intersection of the North side ofa 15 foot alley with the West side of the Carlisle-Boiling Springs concrete road; thence along the West side of the said road 250 feet to a stake; thence at right angles to said road in a Westerly direction 481.3 feet to a point on the North side of the above mentioned alley; thence along the direction 481.3 feet to a point on the North side of the above mentioned alley; thence along the North side of the said alley in an Easterly direction 542.8 feet to the Place of BEGINNING. CONTAINING I acre and 60.55 perches, more or less. HAVING THEREON ERECTED a frame dwelling house, frame garage, frame work shop and other buildings. PARCEL #40-09-0533-006 BEING PREMISES: 704 Forge Road, Carlisle, PA 17013. ~ 0 0 b c " g '2P -- :;;;; '- :;1 --- CJ0 "IF > "'J:::> t:pn z ;-:1;] $: Q ~ .f:: It) ~ __x' ~s8 ~ () -:-C <..l\ zr;: N ~ ~ ,::" ~.,,~ 0> C3: r 8 ~ 3 c~C} t( 0 ~b "'D '~2=8 ~ r VI 0 " d ~c :J:: f~--)~ -r::: , ;: 1 -c) "7(') ~ () b' ..-<:l r- ('Sf\1 ~ ~ ~ I:l ?l- Pc 'i;! 3 '" Z N ~ C(' ::< :0 ---c:.. 1:> -,- -t- -< p --:t- 9-'1 'c::l 0 9: I" -I) ;n 0- r"> ,..., r' ,- ~ .-- .. .'-'-.'~'~~~ - GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC., IN THE COURT OF COMMON PLEAS F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive OF CUMBERLAND COUNTY PTX B-35 Plano, TX 75024-3632 CIVIL ACTION - LAW plaintiff :ACTION OF MORTGAGE FORECLOSURE VB. Term No. 00-3897 JOHN A. RODRIGUEZ AND SHERRY L. RODRIGUEZ (Mortgagor(s) and Record Owner(s)) 704 Forge Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 704 Forge Road, Carlisle, PA 17013 1. Name and address of Owner(s) or Reputed Owner(s) : JOHN A. RODRIGUEZ c/o Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011 SHERRY L. RODRIGUEZ 1299 williams Grove Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: ~ " -,- - , ; -[ "-" ,_ _" ,.,~-'-,' ~_;,,, ~'A' ,; '__' ", '... r JOHN A. RODRIGUEZ c/o Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011 SHERRY L. RODRIGUEZ 1299 Williams Grove Road Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE, BUREAU OF CHILD SUPPORT ENFORCEMENT Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105 DOMESTIC RELATIONS P.O. box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made '.-' .;;-", .'_ ~_ ""U'^....;,~,_~ ~ ,<-_",;__.'~;;__,>". "". , '..... subject to the penalties of 18 Pa. C.S. unsworn falsification to authorities. & McKEEVER k, Jr., Esq. intiff DATED: January 24, 2001 BY: ... -.'Mci:i' -~ ""~I*~"'~""""jUB'Il~w..~ ~ ,~ "='"-.. ,-" .,,",.,~ _,I->' ~ "- - ~i'" '.liii'.,. ~" - "" .... - () 0 C) C " .,.. , "U cu ~ ,,' ;::"::l! mrn ;e " ;;Z} Z:x) :Z:C;::: N :'Yi ~~?; 0, " '::) ;<c -0 ::-:'io :> r" ,', :z:c; :t: ?l~~ )>0 r.- C .J ~. N o;:! :0 -< ~ _, , ,-,'"", ~ ",""'.' _.,_,_,_,C" .;a,H~' ',' '-Co"~ -,,' _ _ .__ .' t .> GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER IN THE COURT OF COMMON PLEAS 7105 Corporate Drive PTX B-35 OF CUMBERLAND COUNTY PIano, TX 75024-3632 Plaintiff CIVIL ACTION - LAW vs. :ACTION OF MORTGAGE FORECLOSURE JOHN A. RODRIGUEZ AND SHERRY L. Term RODRIGUEZ (Mortgagor(s) and No. 00-3897 Record Owner(s)) 704 Forge Road Carlisle, PA 17013 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOHN A. RODRIGUEZ c/o Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011 Your house at 704 Forge Road, Carlisle, PA 17013 is scheduled to be sold at Sheriff's Sale on June 6, 2001, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $92,352.97 obtained by COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 ,-- d." ':J,L < T' _ ,~_,,,", 0,'__ ,',',- '~}~i , ~ Jio. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney) . YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of PTX B-35 County 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 the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. S Irvine Row, Carlisle, PA 17013 (717) 243-9400 ~O.._'" ',_ ,wliiiiiiWiftj' ",,~:},n~, ~"'~^'~~""""" _,.'~" ~.,['"'" $aim~~~;,;'" " C_~" ,~ ~ """'" 'f~-';-~'"" .' "~"_i ~<""" "'-- ""","-,. -d " "' A~ (') <=) 0 c s::: "71 '"'Ofr! <- 52fT: = 2:: ."-j:J] -::t.1 'f-H 2C r-v r,-, ~~-: 0\ -- '",'.--, -', I ~l") v '--:,",':;C) 3[:0 :1;: 9~ $:0 ~ ;;;- C5rfJ I\) =;::l =< -" :r; -< '" e '" ~ >"~",,,,' "'", ,~~_, '-', ",- "'-">-'c<-_,"y"","i' "~~~".,,,<-"-""___ b:-\ ,-i--\-- GOLDBECK McCAFFERTY & McKEEVER Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC., IN THE COURT OF COMMON PLEAS F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive OF CUMBERLAND COUNTY PTX B-35 PIano, TX 75024-3632 CIVIL ACTION - LAW Plaintiff :ACTION OF MORTGAGE FORECLOSURE vs . Term No. 00-3897 JOHN A. RODRIGUEZ AND SHERRY L. RODRIGUEZ (Mortgagor(s) and Record Owner(s)) 704 Forge Road Carlisle, PA 17013 Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all t e provisions of the Act. ~"f" "~"'""'U_lM~~& ~ idWl~!jml\,l1!.Hjjj~~1lII , ,~'"- ^ ,~ .. ~'J- ~" ^'^<^,^ '""~,'^ n 0 () c:: 'T1 s;: "- :';3 -Om "" mm ~.''''' 'r=: Z:n ,~ Z-- N :;:-jEi O?~: 0"'\ ~fS -~~6 )3: -0 . . -- ;1~2 ZO .- ~O c- )>c:: u ~ N !& -- --< , ,.~ ,-- . 0' ,-. ' ~.~, ~-> :,~", :' GOLDBECK McCAFFERTY & McKEEVER BY: Joseph.A. Goldbeck, Jr. Attor~ey I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC_, F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 Plaintiff vs. JOHN A. RODRIGUEZ AND SHERRY L. RODRIGUEZ (Mortgagor(s) and Record Owner(s)) (Record Owner(s)) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 00-3897 704 Forge Road Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2(c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was ma~ by: (1\) Personal Service by the Sheriff's Office/ r. ./~ ,. (copy of ".,.) return attached) .;1.{ blo I per pPtT SH-!\-rTO e... s/+€e,M5 office::ISl/€llltYL.,~Dl\1(Tv1 ( ) Certified mail by Joseph A. Goldbeck, Jr. (original gree~postal return receipt attached) . Certified mail by Sheriff's Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant (s) of record (proof of mailing attached) .To....N Pr. ~oDRIG-VE.:Z--- Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgment attached) . Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/competent adult (copy of return attached). Certified Mail & ordinary mail by Sheriff's Office (copy of return attached) . Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). (v) (~) ( ) Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. GOLDBECK McCA F BY: Joseph A. G ldbec Attorney for P aintif Respectful y 71~ 4S75 ~'4 ~a7S ~~'a TO:SHERRY L. RODRIGUEZ 1299 Williams orove Road Mechanicsburg, PA 17055 CuVY\~e..rlMJ SENDER: GOLDBECK McCAFFERlY & MCJ{EEVER . January 24, 2001 fa 1(0(0\ REFERENCE: RODRIGIIEZ,JOHN A. I CWD.06llll PS Form 3800 June 2000 RETURN Postage RECEIPT CertHied Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail ......-. ~ ~~ -~ - -u ....-\ ~ ~ ~ ~ '" ~~ ~ ~ " '" ... to I\) ~ 0 0 ~z '3 ,,~c ",3 W . cr CO ,~ .." ~o .:-' 0- '" ~ " g 2, . ~ 18 '" "<} gi :;;:'2 " 0 ~3 l'lcr ,,~ 00 oo- -" ~jf g ~ " 0 ~ ~ J " ~ ~ \ 0 ~ 0 0 ~ 3 a "D ii' ~. if < t:J tT ~' '< ~ < "D ~ ~ ~ ~ Ii -~ 3' ]< o ~ J:ti, ,.:- ~. !!!,,"t:1):;;:oS'"2iS'-t - 1ifD) Q W 41 -.:::F ~'~-l-~:~',~ l~ a aa-goge.<p 0- ." "::,,...8!& ....!!l.. ._~""g.::l_!!! -3.""'01 !/llll :::I' ,g:,~o62 a: a~90lgg '!!I/g';~. 5i = g 0 0-:_$3 -.. ~'~~3 ..Sl.~ . 8.g~ s.i5:6 - ii.oo3~,5it, iiI. U)'3c o~ .... rQ,:"" ooil lP:.~zn~if5. g;;llh.-Osta. .-~:itc5"i:~ ""''!'"!! 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" DO 0 " J "'. .. 8~ 0 z , ~ 00- 5l . tT " .. ~ OJ . ~ " ~ ~" . m" 0- ~" 9'0" m" -'''' ..- - &00 ~'" ='lDQI :-m~m m" 8:~3 ~'" '1J ~a ~o g CD lD mI (ii~ !!!.o ([l ~'" 03 8-- .....1:1) '03- m" ::o~ ffi'e!.~ ~ 1:1) en;:::c ~" ":J o~ (D m" ~Q. -. ~ i:' 3 ~ iii =- '" ~ ;;' [ "- ~ '" ~ x '0 J -- " '-., t." ~ ~.' _~ , c_ . ,,~.. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC., IN THE COURT OF COMMON PLEAS F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive OF CUMBERLAND COUNTY PTX B-35 PIano, TX 75024-3632 CIVIL ACTION - LAW Ii I I I Plaintiff :ACTION OF MORTGAGE FORECLOSURE ,. I I I vs. Term No. 00-3897 JOHN A. RODRIGUEZ AND SHERRY L. RODRIGUEZ (Mortgagor(s) and Record Owner(s)) 704 Forge Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 704 Forge Road, Carlisle, PA 17013 1. Name and address of Owner(s) or Reputed Owner(s): JOHN A. RODRIGUEZ c/o Charles Rector, Esquire 1104 Fernwobd Avenue, Suite 203 Camp Hill, PA 17011 SHERRY L. RODRIGUEZ 1299 Williams Grove Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: ., ~=" ,."^-~^,, ~^-u., ," "',> ~""'"_''' , JOHN A. RODRIGUEZ c/o Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011 SHERRY L. RODRIGUEZ 1299 Williams Grove Road Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE, BUREAU OF CHILD SUPPORT ENFORCEMENT Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105 DOMESTIC RELATIONS P.O. box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made u, " .,--, 0''-'" .-...'^ .'"" ."-,, k subject to the penalties of 18 Pa. C.S. unsworn falsification to authorities. BY: . T & McKEEVER k Jr., Esq. intiff DATED: January 24, 2001 ii III I~ !Ii i~ !,i i~ ~~- -~.&i!IJi~~~~iliil1lltii.lIi"^-"~""'"~-"" "~ dil' '..n :,r~f>__ "~~"""",.p.".",,,,,,,,,,,,,~ _~. ~",_o co'_ ,- ,-,. "~ ,'" .,f.' ,,- " ,". 'A ,~, ,~, ,~. ,. k~-~"'~ iill --. ,,.~ --,-0. III E 0 -".0 -n ;;: .".. --, "'t"r"_l _.~'~ rtit:', ~":;:,1 ."- r .. l'-' ~-'-,d 6}~, ~_"i u: ~..:-;. "16 - -<""-. KC; ''',~ :!~ PC) ~.;.. ~;:B z: ~ 5>8 r:-? om ~ ~ l:'"' "" :0 \D -< , -, ~^ -. - '- STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, _____________________________________________________o________________________Ilecorderof Deeds in and for said County and Stale do 'hereby certify thai Ihe Sheriffs Deed in which ________________ ______A'!!!!>__o);.Jj!'~'L~g!.K_"'~_J.!..':!~!_e_"__________ __n________________________________ is the grantee the same having been sold to said grantee on the __n_______________6_~~_________________________ day of ________-LYD.!'_______________n___________ A. D., r 20~~___, under and by virtue of a wriL_____________ ____~~~~~_t..~~~___ __________ ___ ___~___ ___ _______ issued on the ____2J~EL___ ___ ______ ____ ______ __ ___ day of ______!_a~~~=!..___________ A. D., 200L___, out of the Court of Cornman Pleas of said County as of Civil . . 2000 ______________________________.._________________ -________________________________ Term, . ._____ Number _~~27_________, at the suit of ___J::.QUnu.;lWj.A~_!J9.!'!.~_12_'!.'lU:_'!.~_!L~l~_A~'::~_c.::~~_~~~_"_~ale ___l'_:.~~:!______ _______________ ____ againsL)_ QJ;!!.1_AJ-'_.!'_l!<:E!L_~_!l__o_~:~ 9..~:.:_ ____ ________ __ ___ is duly recorded in Sheriffs Deed Book No. n?~Z_______, Page _~~_l!_______. IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office this ___~~____ day of _____________~---------- A. D., (H:J '" ( ____n~c--~:-f..h+-~ Ilecorder of Deeds Recorder of ~s, Cumberland County. Carf1Sle. PA My Commission Expires tile First Monday 01 Jan. 2002 ,- ~ < '''''''1_ 'n ~ .......~>.-, .. Countrywide Home Loans, Inc. F/K/A America's Wholesale Lender -vs- John A. Rodriguez and Sherry L. Rodriguez In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-3897 Civil Michael E. Barrick, Deputy Sheriff who being duly sworn according to law, says on February 6, 2001 at 5:00 o'clock P.M. EST, he served a true copy of Real Estate Writ Notice and Description in the above entitled action upon the defendant Sherry L. Rodriguez by making known unto Sherry L. Rodriguez at 129 Andrew Court, Carlisle, Cumberland County Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Michael E. Barrick, Deputy Sheriff, who being duly sworn according to law, says on April 11, 2001 at 8:23 o'clock A.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of Sherry L. Rodriguez located at 704 Forge Rd. Carlisle, Cumberland County, PennsylvaJila, According to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estat~ Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the ac~i9n to the within named defendant to wit: Sherry L. Rodriquez by regular mail to her last known a44ress, 129 Andrew Court Carlisle, P A. This letter was mailed under the date of April 12, 2001 and never returned to the Sheriff s Office. R.Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 6, 2001 at 10:00 o'clock A.M., EDST. He sold the same for the sum of $45,000.00 to Attorney Sharon Dunn for Bank of New York as Trustee, it being the highest bid and the best price received for the same. Bank of New York as Trustee of 101 Barclay Street, New York, NY 10286, by the buyer in this execution, paid SheriffR. Thomas Kline the sum of $1726.42, it being sheriff's costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Legal Search Law Journal Patriot News 30.00 900.00 15.00 15.00 30.00 10.00 .50 1.00 3.10 2.38 15.00 30.00 200.00 209.60 188.25 ......, - ,~- L -... ~" " ~l. ~~~ .,- .~- ~-_.- ~~\; N Share of Bills Distribution of Proceeds Sheriff s Deeds 25.09 25.00 26.50 $1726.42 paid by Attorney Joseph Goldbeck Sworn and subscribed to before me This .Jd<e-day of ~ 2001, A.D. Sk-o a ~I~ r thonotary.. So Answers: r;.~ -t:#~ R. Thomas Kline, Shenff Byqoc!!4 ~ Deputy Sheriff ~ aV o.;ft-' I I-- 30, -I r- /,5D (!,. ue. 3.3'/.J3 ~ 1i'l931 ~~ , ", '"-~"$"F ,,"' '10. 1>:.-:""., "=>l,: SCHEDULE OF DISTRIBUTION SALE NO.4 Date Filed - July 6, 2001 Writ No. 2000-3897 Civil Countrywide Home Loans Inc., F/k/a America's Wholesale Lender VS John A. Rodriguez and Sherry 1. Rodriguez 704 Forge Road Carlisle, PA 17013 Sale Date - June 6, 2001 Buyer - Bank of New York, as Trustee Bid Price - $45,000.00 Real Debt Interest from 9/1/99 to 1/24/01 Writ Costs $92,352.97 17,489.60 131.58 Total 109,974.15 DISTRIBUTION Amount Collected Legal Search Sheriff's Costs $ 1,726.42 200.00 1.526.42 Total $ 0.00 S~w y.# ,...P" ~,'J)~ ~f't:,~~~ R. Thomas Kline, Sheriff BY~. tSvrU~ eal Est te Deputy - - ~ -- ""-"'",;' " . TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO.4 Held Wednesday, June 6, 2001 Date: June 6, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 200 I, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Vonnie M. McGuire, attorney-in.fact for Lawrence 1. Tanger by Deed dated August 5, 1997 recorded on August 11, 1997 in the Office ofthe Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania in Deed Book 162, Page 673 granted and conveyed to John A. Rodriguez and Sherry L. Rodriguez, husband and wife. OTHER EXCEPTIONS: I. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of 60 feet wide Forge Road, L.R. 21008, S.R. 2003, sometimes know as the road from Carlisle to Boiling Springs and in a 15 foot un-named alley. 6. Conditions, easements and restrictions shown on or set forth on the Preliminary/Final Subdivision Plan for Lawrence J. Tanger recorded in Plan Book 62, Page 141. 7. Mortgage in the amount of $75,075.00 given by John A. Rodriguez and Sherry L. ~~-'~ ~.~ . l ~~ ~ ,ld . M Rodriguez, husband and wife to America's Wholesale Lender dated August 5 1997 recorded August 11, 1997 in Mortgage Book 1398, Page 878. ' Complaint in Mortgage Foreclosure flied by Countrywide Home Loans, Inc. formerly known as America's Wholesale Lender as Plaintiff against John A. Rodriguez and Sherry L. Rodriguez in the Office of the Prothonotary of Cumberland County to file no. 2000-3897. Default judgment entered January 26, 200 I in the amount of $92,352.97. 8. Municipal lien entered in the Office of the Prothonotary of Cumberland County on July 3, 2000 by South Middleton Township Municipal Authority as Plaintiff against John A. Rodriguez and Sherry L. Rodriguez in the amount of $509.45. 9. Rights granted by Vernon H. Yinger and Anna F. Yinger to Metropolitan Edison Company by instrument dated June 17, 1936 recorded July 10, 1936 in Miscellaneous Record Book 67, Page 273. 10. Rights granted by Lawrence J. Tanger and Esther M. Tanger to Metropolitan Edison Company by instrument dated May 5, 1961 recorded May 31,1961 in Miscellaneous Record Book 154, Page 641. 11. The portion of the above described premises being designated as Lot No.2 in Plan Book 62, Page 141 was conveyed by Lawrence 1. Tanger to Levi William Tanger by Deed dated August 12, 1991 recorded September 11, 1991 in Deed Book "H", Volume 35, Page 675. No portion of that premises, containing 31,925.56 square feet is included in this Title Report. The premises appearing to be owned by John A. Rodriguez and Sherry L. Rodriguez is the remaining portion of the premises described in the Deed, being Lot No. 1 as shown on Plan Book 61, Page 141 containing 37,306.962 square feet. 12. A one-story frame shed shown in Plan Book 62, Page 141 as being part of the above described premises is shown as encroaching on the property now or formerly of Edward R. Fitting. Fail to sign easement agreement of record granting easement for said encroachment. 13. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. It is to be noted that no Certificate of Service was found providing notice of said Sheriff Sale to the South Middleton Township Municipal Authority. 14. Real estate taxes accruing on and after July 1,2001 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. -1, Robert G. Frey, Agent Note: This Title Report shall not be valid or bin until countersigned by an authorized signatory. .~, .~.:-" - .. REAL ESTATE SALE NO. 4 Wrtt No. 2000-3897 Civil Countrywide Home Loans Inc.. F /K/ A Amertca's Wholesale Lender vs. John A Rodriguez and Sherry L. Rodriguez Atty.: Joseph A Goldbeck. Jr. ALL THAT CERTAIN lot of ground situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylva- nia. bounded and described as fol- lows. to wit: BEGINNING at a point at the in- tersection of the North side of a 15 foot alley with the West side of the Carlisle-Boiling springs concrete road; thence along the West side of the said road 250 feet to a stake; thence at rtgbt angles to said road in a Westerly direction 481.3 feet to a point on the North side of the above mentioned alley; thence along the dlrection 481.3 feet to a point on the North side of the above men- tioned alley; thence along the North side of the said alley in an Easterly dlrection 542.8 feet to the Place of BEGINNING. . CONTAINING I acre and 60.55 perches. more or less. HAVING THEREON ERECTED a frame dwellIng house, frame garage, frame work shop and other build- ings. PARCEL #40-09-0533-006. BEING PREMISES: 704 Forge Road, Carlisle. PA 17013. -: ~ ,', ~. ~'-i "..~, '~i'-"-'" _~-" --~k -... ~^,'.;,' II .. ) ~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC., IN THE COURT OF COMMON PLEAS F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive OF CUMBERLAND COUNTY PTX B-35 PIano, TX 75024-3632 CIVIL ACTION - LAW Plaintiff :ACTION OF MORTGAGE FORECLOSURE vs. Term No. 00-3897 JOHN A. RODRIGUEZ AND SHERRY L. RODRIGUEZ (Mortgagor(s) and Record Owner(s)) 704 Forge Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 704 Forge Road, Carlisle, PA 17013 1. Name and address of Owner(s) or Reputed Owner(s): JOHN A. RODRIGUEZ c/o Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011 SHERRY L. RODRIGUEZ 1299 Williams Grove Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: ."" ,,, ."- .,--,- "' .---' ~',''- . \ . . ^, JOHN A. RODRIGUEZ c/o Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011 SHERRY L. RODRIGUEZ 1299 Williams Grove Road Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE, BUREAU OF CHILD SUPPORT ENFORCEMENT Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105 DOMESTIC RELATIONS P.O. box 320 Carlisle, PA 17013 4_ Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made , ~ 'Y ~ -'0" _",,_, ,', _'h'~._.__' "'--;',~".J' " . ., , subject to the penalties of 18 Pa. C.S. unsworn falsification to authorities. BY: & McKEEVER k, Jr., Esq. intiff DATED: January 24, 2001 , ~-, ,~~ .~' , '.'.' '~, ''''''<' , ,-.",-, - .-'d" , "'{O,.;;_,,: ....'/ ~ " ;\ GOLDBECK McCAFFERTY & McKEEVER co BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER IN THE COURT OF COMMON PLEAS 7105 Corporate Drive PTX B-35 OF CUMBERLAND COUNTY PIano, TX 75024-3632 Plaintiff CIVIL ACTION - LAW vs. :ACTION OF MORTGAGE FORECLOSURE JOHN A. RODRIGUEZ AND SHERRY L. Term RODRIGUEZ (Mortgagor(s) and No. 00-3897 Record Owner(s)) 704 Forge Road Carlisle, FA 17013 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SHERRY L. RODRIGUEZ 1299 Williams Grove Road Mechanicsburg, PA 17055 Your house at 704 Forge Road, Carlisle, PA 17013 is scheduled to be sold at Sheriff's Sale on June 6, 2001, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $92,352.97 obtained by COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 - ~ '.'__ .;.;;.. ,0,~" .,','" ; -'\i~ ~ 1 '~ . ~ 2. You may be able to stop che'sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney) . yOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of PTX B-35 County 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 the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened_ 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. yOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. S Irvine Row, Carlisle, PA 17013 (717) 243-9400 ,., '-'_.,.--~ ." ',-,^, ~-&! ." , J ,. ...- ALL THAT CERTAIN lot of ground situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at the intersection of the North side ofa 15 foot alley with the West side of the Carlisle-Boiling Springs concrete road; thence along the West side of the said road 250 feet to a stake; thence at right angles to said road in a Westerly direction 481.3 feet to a point on the North side of the above mentioned alley; thence along the direction 481.3 feet to a point on the North side of the above mentioned alley; thence along the North side of the said alley in an Easterly direction 542.8 feet to the Place of BEGINNING. CONTAINING 1 acre and 60.55 perches, more or less. HAVING THEREON ERECTED a frame dwelling house, frame garage, frame work shop and other buildings. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 704 Forge Road, Carlisle, PA 17013 SOLD as the property of JOHN A. RODRIGUEZ and SHERRY L. RODRIGUEZ TAX PARCEL #40-09-0533-006 -_. " J --,'--" _'c '-!',) . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND 'JI "1 'Y NO.OO-3B97 CIVIL~_ CIVIL ACTION - LAW COUNTY: PLAINTIFF(S) from JOHN A. RODRIGUEZ AND SHERRY L RODRIGUEZ (Mortgator( s) and Record OWner( s)) 704 To satisfy the debt, interest and costs due COUNTRYWIDE HQIIlE WANS INC, F/K/A AMERICAnS WHOLESALE LENDER FORGE ROAD. CARLISLE PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell SEE ''',",-AT. flT<:\('RTP'T'TON "'T"T'ArnFn , ;: Ji -,)II1t~lid'~, ;~jil' {itA"'" Iii] ~~':\:~'>:P <i.,_",f (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of . ~~"'>--.,.---"'"...,~". . -"',~o<""...,___c,,' ~!t: ,~-\~, , . "", '.,)""!' ,~,' . ./ii: I',"" ., "/:""j ,\}'lJU, 1''' .. ,,; l~li): GARNISHEE(S) as follows: ,,' Tf~[:th andto notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishe.e(s) is/ar~:.llnjpined from paying any debIto or for the account of the defendant(s) and from delivering any property of the defendant(s) dr otherwise disposing thereof; (3) If property ofthe defendant(s) not levied upon an subjecllo attachment is found inthe possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above sfated. Amount Due $92,352.97 InterestF.ron 9/1/99 ill 1124/01 at 10.751% L.L. $.50 Atty's Comm Atty Paid $131.58 Plaintiff Paid % Due Prothy Other Costs $1. 00 Date: . January 26, 2001 CUrtis R. Long prOlhODion by: -1J~, t1J; .0[1 REQUESTING PARTY: Name Joseph A. Goldbeck, Jr. Address: Suite 500 'Ihe Brouse Bldg 111 $, INDEPENDENCE MALL EAST PHILADELPHIA PA 19106 Attorney for: Pl "i ntiff Telephone: 215-627 -1322 Supreme Court ID No. 16132 Deputy . _1~~"'Jd~ ~ -' IlIiIIiiIl! --,,,"'~,,, -- , ~~. ~ .lJli.,M__ . -_....~-=~..--~,'-, _ '= '~~ .~..l"~_'_ ~""_.. 'REAl ESTATE SALE No. '-I un ~ 3,,;;1,0' th.shoIIff~.....1II8~U; Interest In the real pr<JllOrty situated In"';"'" Ii /111,~ '"7~ cumlJel1a1ld CountY, Pa., known and n.mlll..US: 7p<l f~f'.-,.A (hA a-oA- _ and more tully described on Exbtit "A" tft8d with this writ and by this reference incorporated herein. "".@:'A"'h'1 ?fJ,,,"i ~~* VI N'/^ I), SH NJd :j1 r; 1"',1""" _," .,_' j_,-,'1:'I.} IOi WV liO ij DE Kif UtiMO\IN "'i\U~rino .41\ID11~ ~IU ~\\ :mll.110 ">' - . """-'IJ."'-1..;, u Ii I I: r~ I I ,. I ;. &> CVi1 IIV\) t=::l G1!> INiJ . RCAL"ESTArrSilLeNo:4- - Writ No.200G-3897 ClvifTerm Countrywide Home Loans Inc. F/KJAJ America's Wholesale Lender vs John A, Rodriguez and Sherry L. Rodrigue' Atty: Josepil A. Goldbeck, Jr, . . . DESCR/PT'ON ! Au;. tHArC[RTAL~J Jot 01 &rotJ~d situate in tht:' I To....i1$bip 'of South:- Micfdlelon. COlinty of ,'Cliinb~rland ,md Commonwealth of Prnrisyi\"Jni.1, 'bounded and described as follows itowit: , BEC1,~~I~G at a point ill the inll.'rSection of tl1;l ,i \:(ri:tfj ,sj8e,~lf a 15 flXlt i3lJi'\' with tht' Wt'St bide of ' th~' C~r1i:.li"BoitiJ1g Spring, concrete road; , thenrl;), .l[ong th~ IVe!>! sIde _of thl;' ~aid road 250 fyef fci J stake; tht'nce ,It righl .mg1('s 10 said T'Odd . i' in ,J, Westerlv direction ~t3 f~'l!t to a poinl 01'1 the '~.oith sldl' (If the abo...e mentioned aIle\'; " tnt'ncc Jlong.',tht' direction 481.3 fcet 10 a point on , the :\,orth sidt' of the abort: mt;>n!ianl.'d alley; : thei-x~ along t~e North .sid\.' of the S;Jid' dJJe)' m ' .111 t~terl\' direction 541,8 fed 10, th~ PJJ('c of . BtCI\;;/,C. '.9:)\TA~1.'!G 1 acd and 6{1,55 rHche~; more oJf ~:::j~,~:,.. ,:, -' ..', 7""'1'::':::':::::',7:":.":, :,::EA\J\C THEREO~ tRECno :':::.:l,'rii,.. ~~~~~~'f\~~fJ~~~'f:~~~,S!-~:::~!J',::rr:1'~~;':~09f:::l 1,:.::,P..A.R,'ct:LJi.+O'.i19-oS;t-l)/)6 , , " r::':'B:tI~'t;:;j.iRt':\tlS,E:S:;04 Forge Road CJtl~l"" 1~~ ~T;1lD.~ . ... u .. :.~. '--~~-~~----,-~---~~ -,.::.,-~ ,.-- - b - ~ -. , .-,~~~ ,,' THE P A TJlJPl NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th day(s) of April and the 1 st and 8th day(s) of May 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Mlsianeous Book "M", ';~:~;;~:~ ,;;;,~;;;;;;;;;;;;;;,4~;;;;;;;~;m;,;;;~ S ALE #4 Notarial Seal Terry L. Russell. Notary Public Hamsburg. Dauphin County- My Commission Expires June 6, 2002 Member, Pennsylvania J\sSOClation 01 N.lariHy commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s} $ Total $ 186.75 1.50 188.25 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... '. REAL ES'lrA_ ~ NO.4 Writ No. 2000-3897 Clvtl Countrywide Home Loans Inc., F/K/A America's Wholesale Lender vs. John A. Rodrtguez and Sherry L. Rodrtguez Atty.: Joseph A. Goldbeck, Jr. ALL THAT CERTAIN lot of ground situate in the Township of South Middleton. County of Cumberland and Commonwealth of Pennsylva- nia, bounded and described as fol- lows, to wit: BEGINNING at a pOint at the in- tersection of the North side of a 15 foot alley with the West side of the Carlisle-Boiling Springs concrete road; thence along the West side of the said road 250 feet to a stake; , thence at right angles to said road in a Westerly direction 481.3 feet to a point on the North side of the above mentioned alley; thence along the direction 481.3 feet to a point on the North side of the above men- tioned alley; thence along the North side of the said alley in an Easterly direction 542.8 feet to the Place of BEGINNING. CONTAINING I acre and 60.55 perches, more or less. HAVING TIlEREON ERECTED a frame dwelUng house, frame garage. frame work shop and other build- ings. PARCEL #40-09-0533-006. BEING PREMISES: 704 Forge Road, Carlisle. PA 17013. -'-. , " '" '"...,,~""" - '" ,~, /> .""-,~~ , . ..ol- '''''-," lI'I T-~' .~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgentha1, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being du1y sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2,1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the following dates, v!z: APRIL 27, MAY 4,11, 2001 Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 11 day of MAY. 2001 , . NOT. . LQI$ E. SNYDER,NotaIy PubJlc . '.c Cllti81e.BOIO, CIInbeIIancl Co\liItY . MY, CoIIimlsslM ExpilIls'Man:h 5.2005 . d~ - l-' c" -- - ~," , -~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-03897 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS RODRIGUEZ JOHN A 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, DEFENDANT RODRIGUEZ JOHN A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , RODRIGUEZ JOHN A MULTIPLE ATTEMPTS FOR SERVICE WERE MADE, HOWEVER DEFT. WAS UNABLE TO BE SERVED PRIOR TO EXPIRATION Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 5.58 5.00 10.00 .00 38.58 R.. homas Kl ine Sheriff of Cumberland County GOLDBECK, MCCAFFERTY, MCKKEVER 07/24/2000 Sworn and subscribed to before me this I A.k- day of ~ .L0'1J"0 A . D . c~ a ~~:--', ~ p:rfot~tary , '-":i - - "' SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-03897 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS RODRIGUEZ JOHN A 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, DEFENDANT RODRIGUEZ SHERRY L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , RODRIGUEZ SHERRY L MULTIPLE ATTEMPTS WERE MADE FOR SERVICE, HOWEVER DEFT. WAS UNABLE TO BE SERVED PRIOR TO EXPIRATION.. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 6.00 .00 5.00 10.00 .00 21. 00 ~y~ R. Thomas Kline Sheriff of Cumberland County GOLDBECK, MCCAFFERTY, MCKEEVER 07/24/2000 Sworn and subscribed to before me this !..or day of ()"3u...1-> .:l ()tJ-<.) A . D . ~C2IM,-pe~" .~ Pro h notary '''' ,-, w~"- "- ' _0 _~, ;- - ',,~ - ~-, GOLDBECK McCAFFERTY BY: Joseph A. Goldbeck, Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff & McKEEVER Jr. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COpy OF THE ORIGINAL FILED .-"., ~': '\ "~'t, '~j, COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER 7105 corporate Drive PTX B-35 PIano, TX 75024-3632 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE vs. JOHN A. RODRIGUEZ AND SHERRY L. RODRIGUEZ (Mortgagor(s) and Real Owner(s)) 00 Term 2f?7 CtOt'C ~'i/tJj CIVIL ACTION: MORTGAGE FORECLOSURE 704 Fo:cge Carlisle, Road PA 17013 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must ta~e action within twenty (20) days after the Complaint and notice are served, by entering a written appearance versonally or by attorney and filing in writing with the court your defenses qr objections to the claims set torth 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 TE.LEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 11013 (717) 243-9400 A V ISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMEN'I'E NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS -DESPUES DE SER SERVlDO CON ESTA DEMANDA Y AVISO. PARA DEFEND~RSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, L1\ COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER D1NERO, PROPIEDAD U OTROS DERBCHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LL1\ME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS) , 215-238-6300. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 TRUE COpy FROM R/:CORD In Testlo..^^ . 10"' "orUIIY whar~, I h-lIra W':j," "it my hand and the seal of.said. .~ at Carlisle Pa '- T~~?_.~ .~ ..' ~ . . '. .' ;..,.(~~~ ~ onotary Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 ~~" ~" " . . ,-, -_ ',,~,;,.,.;.- -, -.cc ''% COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is COUNTRYWIDE HOME LOANS INC., F /K/A AMERICA'S WHOLESALE LENDER, 7105 Corpora~e Drive, PTX B-35, PIano, TX 75024-3632. 2. The name(s) and address(es) of the Defendant(s) is/are JOHN A. RODRIGUEZ, PO Box 72, Boiling Springs, PA 17007 and SHERRY L. RODRIGUEZ, PO Box 72, Boiling Springs, PA 17007, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described. 3. On August 5, 1997, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1398, Page 878. The mortgage has not been assigned. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due October 1, 1999, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 9/ 1/99 through 5/31/00 at 10.750% Per diem interest rate at $21.89 Attorney's Fee at 5% of Principal Balance Late Charges 10/ 1/99- 5/31/00 Monthly late charge amount at $39.23 Costs of suit and Title Search $ 74,321. 99 5,997.86 3,716.10 313.84 560.00 $ 84,909.79 Escrow Balance Monthly Escrow amount $239.94 $ 84,909.79 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage A~sistance has been sent to Defendant (s) by Certified and regular nlail,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 "A". The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $84,909.79, together with interest at the rate of $21.89, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: GOLDBECK BY: Joseph A. Goldbe Attorney for Plaintif McKEEVER , Jr., Esq. ,',"~ ''"'_0 ~', '" , " ,-,-,,',', ->-',' .-, .--''-'' ~ MAY 0S '00 03:01PM P.2/2 , VERIFICATION I, JIIl.SAl.ENTINE , as the representative of the plaintiff corporation within iiamed do hereby verify that I am authorized to and do make this verification.;;.Qn behalf of the Plaintiff corporation and the facts set: forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 6-,;{0- &() '. .-: ,', . . . .. .. o',o' , '" f 'b' 'l' .., ,-.< "'-,t G:\~,Jl,Sl\wpd~A\r*^ransl!'l".dcc4 , ,,<,.',.' .;l.l548 /1 Pa",.1 No, 40.09-0533-006 . DEED I i ~ day of August, , S97, THIS DEED made this BETWEEN VONNIE M. MCGUIRE, Attorney.ln-Fact for LAWRENCE J. TANGER, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter called "GRANTOR", AND JOHN A. RODRIGUEZ and SHERRY L. RODRIGUEZ, husband and wife, of 704 Forge Road, Carlisle, Cumberland County, Pennsylvania, hereinafter called "GRANTEES": WITNESSETH: That in consideration of Eighty Four Tholl$itnd and 00/100. ($84,000.00) Dollars, in hand paid. the receipt whereof is hereby acknowledged. the GflJntor does hereby gram <Jnd convey to the s<Jid Gr<Jnrees, as renants by the enrireties, their heirs and assigns, ALL THAT CERTAIN lot of groundo'situate in the Township of South Middleton, County of Cumberland and State 01 Pennsylvania, bounded and described as tollows, to wit: BEGINNING at a point at the intersection of the:North side of a .15 foot alley with the West side of the Carlisle-Boiling Springs concrete road; thence along the West side of the said road 250 feet to a stake; thence at right angles to said road'in a Westerly direction 481.3 feet to a point on the North side ot the abova mentioned alley; thence along the direction 481.3 feet to a point on the North side of the above .mentioned alley; thence along the North side ot the said alley in an Easterly direction 542.8 feet to the .Place of BEGINNING. CONTAINING 1 acre and 60..55 perches, more or less_ HAVING THEREON ERECTED a frame dwelling house, frame garage, frame work shop and other buildings_ BEING the same property which John M. Jones and Mary L. Jones, husband and wife, by their Deed dated and recorded May 28, 1945, in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "Z', VQlume 12, Page 329, granted and conveyed unto Lawrence J. Tanger and Esther M. Tanger, pusband and wife. The said Esther M. Tenger died on 't'\"" 11-...1,{_ 'I '''If, , thereby vesting fee simple title. by operation of law, in her surviving widower, Grantor herein. .BoOK 162 fAGE 6'73 = - ,- , ,<, ~ . '~ Send Correspondence 00: P.O. Box 260599 PIano, TX 75026.{)599 Send Payments to: P.O. Box 660694 Dallas, TX 75266-0694 Certified Mall No. March 9, 2000 ~~ ~ ~ t5 Sheny 1. Rodriguez P. O. Box 72 Boiling Springs, P A 17007 Countrywide Loan # 9489325 Property Address: 704 Forge Rd. Carlisle, PA 17013 NOTICE OF INTENTION TO FORECLOSE Countrywide Home Loans, Inc. (hereinafter "Countrywide"') services your home loan. Your home loan is in serious default because you have not made your required payments. The total amount now required to reinstate your loan as of the date of this letter is as follows: Mo"thlvPavrnents: 09/01/99-03/01/00 @ 940.75 6585.25 Late Charaes: 09/01/99 - 03/01/00 @ 39.23 235.38 Other Charaes: Uncollected Late Charges: Uncollected Costs: Partial Payment Balance TOTAL DUE 243.52 458.00 122.98 7,399.17 You may cure this default within TIDRTY ~FlVE (3S) DAYS of the date (}fthis letter, by paying to us the above amount of $7,399.17, plus any additional monthly payments, late charges, fees and other applicable charges which may fall due during this period. Such payment must be in the form of certified' check, cashier's check or money order, and made payable to COlmtrywide atP.D. Box 10221, Van Nuys, CA 91410-0221. If your check or other payment is returned to us for insufficient funds or for any other reason, you will not have cured your default. No extension ,oftiine to cure will be granted due to a returned payment. If you do not cure this default within TIllRTY MFIVE (35) DAYS, we will accelerate the mQrtgage payments. This means whatever is Qwing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If the full payment of the amount of default is not made within THIRTY ~ FIVE (35) DAYS, we also intend to immediately start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up tQ $50.00. However, iflegal prQceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees wiD be added to whatever you owe us, which may also include our reasonable costs. Jfyou cure this default within the thirty~five day period, you will not be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Jfyou have not cured the default within the thirty-five (35) day period and foreclosure proceedings have begun, you still have the right to cure- the default and prevent the sale at any time up to one hour before the foreclosure sale. You may do so by paying the total due, as well as all reasonable attQrney's fees and costs incmred in conncection with the foreclosure sale (and perlmm any other reqirements under the mortgage.) Pursuant to your loan documents, and because your loan is in default, Countrywide may, at its option, enter upon and conduct an inspection of your property. The purpose of this inspection is to observe the physical condition of your property, to verify that the property is occupied and/or to determine the identity of the occupant. You will be responsible for the cost of any such inspection. It is estimated that the earliest date that such a foreclosure sale could be held would be aproximately six (6) months frQm the date of this letter. A notice of the date of the foreclosure sale will be sent to yoa before the sale. You may find out at any tiroe exactly what the required payment win be by calling us at the following number: 800-669-4575. This payment must be in the form of cashier's check, certified check or money order and made payable to us at the address stated above. If you cure this default, the mortgage will be restored to the same position as if no default had occured. However, you may not cure your default more than three (3) times in any calendar year. You should realize that a foreclosure sale will end your ownership of the mortgaged property and your right to remain in it. {fyou continue to live in the property after the Sheriffs sale~ a lawsuit could be started to evict you. "1 ~~ ~' I"" ,~ - ~- ~ ^'~ ,- -~~ ~ ".'. ~-'r ~ IfYO\l are unable to cure your default on or before, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: *Repayment Plan: It is possible that Countrywide may be able to assist you in keeping your home by offering you some form of payment assistance. Our basic -plan requires. that you pay Countrywide, up front, at least V2 of the amoont necessary to bring your account current, and that you pay the balance of your overdue amont, along with your regular monthly payment. over a defined period of time. Other repayment plans also are available. *Loan Modification: Alternatively, it is possible that Countrywide may be able to lower your regular monthly payments by reducing your interest rate, and then capitalize your delinquent payments to your cUITent loan amount, through a modification of your loan. This forecloswe alternative, however, is limited to certain loan types. *Sale of Your Property: Alternatively, ifyo-o are willing to -sell your home in order to avoid foreclosure, CountryWide may be able to offer you an alternative to foreclosure even if your home is worth less than what is owed on it. *Deed~in-Lieu: Alternatively, if your property is free from other liens or encumbrances, and if your default is due to a serious financial hardship which is beyond your control, you may be elegible to deed your property directly to Countrywide and avoid the foreclosure sale. Ifyo-u are interested in discussing foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will detennine, in its sole descretion, whether that assistance will be extended to you. In the meantime, C<mntrywide win proceed with all collection, enforcement and/or foreclosure efforts unless it agrees otherwise in writing. Please be advised that failure to bring your loan current or to enter into a written agreement as outlined above will result in the acceleration of your debt Time is of the essence!! Should you have any questions concerning this notice, please contact Countrywide's office immediately at 1-800-669-4575, extension 7149. Gail Malone Loan Counselor 800-669-4575, Extension 7149 lfyour loan was in default at the time that it was acquired by Countrywide, please be advised of the following: 1. COtUltrywide is a debt collector, we are attempting to collect a debt, and any information Countrywide obtains will be used for that purpose. 2. The amount currently owed to Countrywide is $7,399.17 (there may be other accrued interest, costs and expenses). Unless you, within thirty (30) days after receipt of this letter, dispute the validity of the debt oWed or any portion of this debt, we will assume the amount to be valid. If you notify, us in writing within this thirty (30) day time frame that you dispute or any portion of the debt, we will obtain verification of the debt and mail it to you and, if you sO request, provide you with the name and address of the original creditor ifit is different from the current creditor, Please direct any written disputes to- the following address: Countrywide Home LollDS, Inc. Cnl\ectloos, MS SV-34 Attention: Research Counselor P,Q. Box 10221 Van Nuys, CA 91410.0221 This is a re-creation of the original A..~ ~ $ q . r'l(" . ,,';- '~'J:i "~ Send Correspondence to: P.O. Box 260599 Piano, TX 75026-0599 Send Payments to: P.O. Box 660694 Dallas, TX 75266-0694 March 9, 2000 Certified Mail No. John A. Rodriguez P. O. Box 72 Boiling Springs, P A 17007 Countrywide Loan # 9489325 Property Address: 704 Forge Rd. Carlisle,PA 17013 NOTICE OF INTENTION TO FORECLOSE Countrywide Home Loans, Inc. (hereinafter "Countrywide") services your home loan. Your home loan is in serious default because you have not made your required payments. The total aIJIount now required to reinstate your loan as of the date of this letter is as follows: MonthlvPavments: 09/01199-03/01/00 @ 940.75 6585.25 Late Charl!es: 09/01/99 - 03/01/00 @ 39.23 235.38 Other Charges: UncoUected Late Charges: Uncollected Costs: Partial Payment Balance 243.52 458.00 122.98 7,399.17 TOTAL DUE You may cure this default within THIRTY-FIVE (35) DAYS of the date of this letter, by paying to us the above amount of $7,399.17, plus any additional monthly payments, late charges, fees and other applicable charges which may fall due dming this period. Such payment must be in the fonn of certified check, cashier's check or money order, and made payable to Countrywide at P.O. Box 10221, Van Nuys, CA 91410-0221. If your check or other payment is retmned to \IS for insufficient funds or for any other reason, you will not have cured your default. No extension ,of tUne to cure will be granted due to a returned payment. If you do not cure this default within THIRTY ~FIVE (35) DAYS, we will accelerate the mortgage payments. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If the fun payment of the amount of defauh is not made within mIRTY- FIVE (35) DAYS, we also intend to inunediately start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, iflegal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees win be added to whatever you owe us, which may also include our reasonable costs. If you cure this default within the thirty-five day period. you will not be required to paytbe attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON.EXlSTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. !fyou have not cured the default within the 'thirty-five (35) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the foreclosure sale. You may do so by paying the total due, as well as all reasonable attorney's fees and costs incurred in conncection with the foreclosure sale (and perform any other reqirements under the mortgage.) Pursuant to your loan docmnents, and because your loan is in default, Countrywide may, at its option, enter upon and conduct an inspection of your property, The purpose of this inspection is to observe the physical condition of your property, to verify that the property is occupied and/or to detennine the identity of the occupant You will be responsible for the cost of any such inspection. It is estimated that the earliest date that such a foreclosure sale could be held would be aproximately six (6) months from the date of this letter. A notice of the date oftha foreclosure sale will be sent to you before the sale. You may fmd out at any time exactly what the required payment will be by calling us at the following number: 800-669-4575. This payment must be in the form of cashier's check, certified check or money order and made payable to us at the address stated above. If you cure this default, the mortgage will be restored to the same position as ifno default had occured. However, you may not cure your default more than three (3) times in any calendar year. You should realize that a foreclosure sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. " 1'1' ,'""-', ,~=, -,\, If you are unable to cure your default on or before, Countrywide wants you to be aware ofvarious options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: *Repayment Plan: It is possible that COtilltrywide may be able to assist you in keeping your home by offering you some form of payment assistance. Our basic plan requires that you pay Countrywide, up front, at least % of the amount necessary to bring your account current, and that you pay the balance of your overdue ament, along with your regular monthly payment, over a defIned period aftime. Other repayment plans also are available. *Loan Modification: Alternatively, it is possible that Countrywide may be able to lower your regular monthly payments by reducing yout interest rate, and then capitalize your delinquent payments to your current loan amount, through a modification of your loan. This foreclosure alternative, however, is limited to certain loan types. *Sale of Your Property: Alternatively, ifyo~ are wining to sell your home in order to avoid foreclosure, Countrywide may be able to offer you an alternative to foreclosure even if your home is worth less than what is owed on it. *Deed~in-Lieu: Alternatively, ifyoUT property is free from other liens or encumbrances, and if your default is due to a serious financial hardship which is beyond your control, you may be elegible to deed your property directly to Countrywide and avoid the foreclosure sale. Jfyou are interested in discussing foreclosure alternatives with CQuntrywide, you must contact us immediately. Jfyou request assistance, Countrywide will determine, in its sole descretion, whether that assistance will be extended to you. In the meantime, Countrywide will proceed with all collection, enforcement andlor foreclosure efforts unless it agrees otherwise in writing. Please be advised that failure to bring your loan current or to enter into a written agreement as outlined above will result in the acceleration ofyonr debt. Time is of the essence!! Should you have any questions concerning this notice, please contact Countrywide's office immediately at 1~800~669-4575, extension 7149. Gail Malone Loan Counselor 800~669-4575, Extension 7149 If your loan was in default at the time that it was acquired by COWltrywide. please be advised of the following: 1. Countrywide is a debt colIector, we are attempting to collect a debt, and any information COlmtrywide obtains will be used for that purpose. 2. The amount currently owed to COlmtrywide is $7,399.17 (there may be other accrued interest, costs and expenses). Unless )'ou, within thirty (30) days after receipt of this letter~ dispute the validity of the debt owed or any portion of this debt, we will asS1lllle the amount to be valid. If you notify, us in writing within this thirty (30) day time frame that you dispute or any portion of the debt, we will obtain verification of the debt and mail it to you and, if you so request, provide you with the name and address of the original creditor if it is different from the CWTeIlt creditor. Please direct any written disputes to the foHowing address: Countrywide Home Loans, Inc. Collections, MS SV-34 Attention: Research Counselor P.O. Box 10221 Van Nuys, CA 91410~0221 This is a re-creation of the original "'loor''-'''-'>~"~~'jjOOi~~~~~mltJIIC ~ ,,: ~ ~ ~ ~ ,ti:~: jd~::t::~" " ,,,-~,,' ^-, ~~-~ ~~- ",-, ," ~-" f) ~d, " .!,', ;;':" '>"'-'-""", .' ~', ~ ~ ~ ~ l!<j ~, "~ ;,- ,',""d- -, -, "" ,,' - ~~___;i: _ "'.1. -c '){~,-'" . . O'tJ! GOLDBECK McCAFFERTY BY: Joseph A. Goldbeck, Attorney I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff & McKEEVER Jr. II-1AT TI-IIS I HEREBY CER~6~RECT copy IS ~ ,RUE. ANO~\G\N~.L FILED 01' 11-1E. ~ ..~.. , COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE VB. 704 Forge Carlisle, Road PA 17013 Defendant(s) Term No. 00 - 3f?7 Ci o~ L '-r~ CIVIL ACTION: MORTGAGE FORECLOSURE JOHN A. RODRIGUEZ AND SHERRY L. RODRIGUEZ (Mortgagor(s) and Real Owner(s)) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money 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 Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. S Irvine Row, Carlisle, PA 17013 (717) 243-9400 A V ISO LE RAN DEMANDAOO A USTEn EN LA CORTE. SI DE5EA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DrAS DE5PUES DE SER SERVIDO CON ESTA DEMANDA Y AVIS0. PARA DEFENDERSE ES NECESSARIa QUE USTED, 0 SU ABOGAOO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PONTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: 51 USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESQ SIN SU PARTICIPACION. ENTONCES, LA COUTE PDEDE, SIN NOTIF1CARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROV1SI0NES DE ESTA DEMANDA. paR RAZON DE ESA DECISION, ES POSSIBLE QUE U5TED PUEDA PERDER D1NERO, PROPIEDAD U OTROS DERBCHOS 1MPORTANTES. LLEVE ESTA DEMANDA A UN ABOGAnO IMMEDIATAMENTE. S1 NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICI0 DE REFERENCIA DE ABOGADOS) , 215-238-6300. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 TRUE COPY FROM RECORD In Testimony whereof, I here unto SlIt my hand and the seal. of said Couij. at Carlisle. Pa. __ T~~~~ ~t_'{;~:1~ honotary Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 ,,- .- -. ,~,- ,1 -,,'.,;'.., , . <"'-'1~ ;'.." ",,-cr."'_'" ,"\_-"~j COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER, 7105 Corporate Drive, PTX B-35, PIano, TX 75024-3632. 2. The name(s) and address(es) of the Defendant(s) is/are JOHN A. RODRIGUEZ, PO Box 72, Boiling Springs, PA 17007 and SHERRY L. RODRIGUEZ, PO Box 72, Boiling Springs, PA 17007, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described. 3. On August 5, 1997, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COUNTRYWIDE HOME LOANS INC., F /K/A AMERICA'S WHOLESALE LENDER, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1398, Page 878. The mortgage has not been assigned. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due October 1, 1999, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 9/ 1/99 through 5/31/00 at 10.750% Per diem interest rate at $21.89 Attorney's Fee at 5% of Principal Balance Late Charges 10/ 1/99- 5/31/00 Monthly late charge amount at $39.23 Costs of suit and Title Search $ 74,321.99 5,997.86 3,716.10 313.84 560.00 $ 84,909.79 Escrow Balance Monthly Escrow amount $239.94 $ 84,909.79 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, wil,l be collected in the event of a third party purchaser at Sherlff's t,' "l' ". -,; ..,"', "'''-:''''''-,~.,,, -~" "" .' '~-'~'-,i" Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage A~sistance has been sent to Defendant (s) by Certified and regularrrtaH., 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 "A". The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $84,909.79, together with interest at the rate of $21.89, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: GOLDBECK BY: Joseph A. Goldbe Attorney for Plaintif McKEEVER , Jr., Esq. 0" , :,~:, t-" __: '~ ,;~ '.'_ -" , ''-,-J' '-'. ':.-" ",-V'j MAY 0S '00 03:01PM P.2/2 , VERIFICATION I, JILLBAI.ENTINE , 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 :m 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: 6-,;{0- &() '..' '-: ,:," ,,' '~. ',.;,.,/1 f !ll' 'l' .., G;\,,:j\,!i l\wpdlilD\1'Otcf\wlcer.tkd .".., .;l.l548 /1 PH""" No. 40.09-0533-006. DEED J .' 'S::b-, day of August, , 997, THIS DEED made this BETWEEN VONNIE M. MCGUIRE, Attorney-in-Fact for LAWRENCE J. TANGER. of Mechanicsburg, Cumberland County, Pennsylvania. hereinafter called "GRANTOR", AND JOHN A. RODRIGUEZ and SHERRY L, RODRIGUEZ, husband and wife, of 70.4 Forge Road, Carlisle, Cumberland County, Pennsylvania, hereinafter called "GRANTEES": WITNESSETH: That in consideration of Eighty Four Thousand and 00/100. ($84,OOO. 00) Dollars, in hand paid, the receipr whereof is hereby acknowledged, rhe Grantor does hlJreby gram and convey ro rhe said Gamrees, as renams by the enrireries, rheir heirs and assigns, ALL THAT CERTAIN lot of ground.situate in the Township of South Middleton. County of Cumberland and Stata o~ Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at the intersection of the:North side of a .15 foot alley with the West side of the Carlisle-Boiling Springs concrete road; thence along the West side of the said road 250. feet to a stake; thence at right angles to said road' in a Westerly direction 481.3 feet to a point on the North side of the above mentioned alley; thence along the direction 481.3 feet to a point on the North side of the above mentioned alley; thence along the North side of the said alley in an Easterly direction 542.8 feet to the .Place of BEGINNING. CONTAINING 1 acre and 60..55 perches, mora or less_ HAVING THEREON ERECTED a frame dwelling house, frame garage, frame work shop and other buildings. BEING rhe s8me property which John M. Jones and Mary L. Jones, husband and wife, by their Deed dated and recorded May 28, 1945, in the office of the Recorder of Deeds in and for Cumberland County. in Deed Book "Z', VQlume 12, Page 329, granted and conveyed unto Lawrence J. Tanger and Esther M. Tanger..husband and wifs. The said Esther M. Tanger died on ~ "" ....... \,1_ 'I ,'wl , thereby vesting fee simple title. by operation of law, in her surviving widower, Grantor herein. Iroiiii 162 I'AGf 6'73 --~ -:~ ,,,.", - . ',00" .' '~r" , ,,",. .~, ~ ".;, , ,-~,~ Send Correspondence to: P.O. Box 260599 Piano, TX 75026-0599 Send Payments to: P.O. Box 660694 Dallas, TX 75266-0694 March 9, 2000 Certified Mail No. ,,~ ~ ~ Q Sherry L. Rodriguez P. O. Box 72 Boiling Springs, PA 17007 Countrywide Loan # 9489325 Property Address: 704 Forge Rd. Carlisle, P A 17013 NOTICE OF INTENTION TO FORECLOSE Countrywide Home Loans, Inc. (hereinafter "Countrywide") services your home loan. Your home loan is in serious default because you have not made your required payments. The total amount now required to reinstate your loan as of the date of this letter is as follows: Mo"thly Payments: 09/01/99 - 03/0 1/00 @ 940.75 6585.25 Late Charees: 09/01/99 - 03/01/00 @ 39.23 235.38 Other Charees: Uncollected Late Charges: Uncollected Costs: Partial Payment Balance TOTAL DUE 243.52 458.00 122.98 7,399.17 You may cure this default within THIRTY-FIVE (35) DAYS of the date of this letter, by paying to us the above amount of $7,399.17, plus any additional monthly payments, late charges, fees and other applicable charges which may fall due during this period. Such payment must be in the fonn of certified check, cashier's check or money order, and made payable to Countrywide at P.O. Box 10221, Van Nuys, CA 91410-0221. If your check or other payment is returned to us for insufficient funds or for any other reason, you will not have cured your default. No extension .aftUne to cure will be granted due to a returned payment. If you do not cure this default within THIRTY ~FlVE (35) DAYS, we wiIl accelerate the mortgage payments. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If the full payment of the amount of default is not made within THIRTY ~ FIVE (35) DAYS, we also intend to immediately start a lawsl1it to foreclose on your mortgaged property, If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you win still have to pay the reasonable attorney's fees actually incurred, up to $50.00, However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure this default within the thirty-five day period, you will not be required to pay the attorney's fees. YOU HAVE TIlE RIGHT TO REINSTATE AFTER ACCELERATION AND TIlE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING TIlE NON-EXISTENCE OF A DEFAULT OR ANY OTIlER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-five (35) day period and foreclosure proceedings have begun, you stin have the right to cure the default and prevent the sale at any time up to one hour before the foreclosure sale. You may do so by paying the total due, as wen as an reasonable attorney's fees and costs incurred in conncection with the foreclosure sale (and perform any other reqirements under the mortgage.) Pursuant to your loan documents, and because your loan is in default, CmD1trywide may, at its option, enter upon and conduct an inspection of your property. The purpose of this inspection is to observe the physical condition ofyoUT property, to verify that the property is occupied and/or to determine the identity of the occupant. You will be responsible for the cost of any such inspection. It is estimated that the earliest date that such a foreclosure sale could be held would be aproximately six (6) months from the date oftbis letter. A notice of the date of the foreclosure sale will be sentto you before the sale. You may find out at any time exactly what the required payment will be by calling us at the following munber: 800-6694575. This payment must be in the form of cashier's check, certified check or money order and made payable to us at the address stated above. If you cure this default, the mortgage will be restored to the same position as if no default bad occured. However. you may not cure your default more than three (3) times in any calendar year. You should realize that a foreclosure sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit ~ollld be started to evict you. If you are unable to cure your default on or before, Countrywide wants you to be aware ofvanous options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: *Repayment Plan: It is possible that COlmtrywide may be able to assist you in keeping your home by offering you some form of payment assistance, Our basic plan requires that you pay Countrywide, up front, at least ~ of the amount necessary to bring your account current, and that you pay the balance of your overdue amont, along with your regular monthly payment, over a defined period of time. Other repayment plans also are available. *Loan Modification: Alternatively, it is possible that Countrywide may be able to lower your regular monthly payments by reducing your interest rate, and then capitalize your delinquent payments to your current loan amount, through a modification of your loan. This foreclQsw-e alternative, however, is limited to certain loan types. "'Sale of Your Property: Alternatively, ifyoO. ate wlllmg iO sell your home in order to avoid foreclosure, Countrywide may he able to offer you an alternative to foreclosure even if your home is worth less than what is owed on it. *Deed-in-Lieu: Alternatively, if your property is free from other liens or encumbrances, and if your default is due to a serious financial hardship which is beyond your control, you may be elegible to deed your property directly to Countrywide and avoid the foreclosure sale. If you are interested in discussing foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide win detennine, in its sole descretion, whether that assistance will be extended to you. In the meantime, Counnywide will proceed with all collection, enforcement and/or foreclosure efforts unless it agrees otherwise in writing. Please be advised that failure to bring your loan current or to enter into a written agreement as outlined above will result in the acceleration of your debt. Time is of the essence!! Should you have any questions concerning this notice, please contact Countrywide's office immediately at 1-800.669-4575, extension 7149. Gail Malone Loan Counselor 800-669-4575, Extension 7149 If your loan was in default at the time that it was acquired by Countrywide, please be advised of the following: 1. Countrywide is a debt collector, we are attempting to collect a debt, and any information Countrywide obtains win be used for that purpose. 2. The amount currently owed to Countrywide is 57,399.17 (1:here may be other accroed interest, costs and expenses). Unless you, within thirty (30) days after receipt of this letter, dispute the validity of the debt owed or My portion of this debt, we will assume the amount to be valid. If you notifY, us in writing within this thirty (30) day time frame that you dispute or any portion of the debt, we will obtain verification of the debt and mail it to you and, if you so request, provide you with the name and address of the original creditor if it is different from the current creditor. Please direct any written disputes to the following address: Countrywide Home Loanst Inc. Collections, MS SV-34 Attention: Researeh Counselor P.O. Box 10221 Vao Noy., CA 91410-0221 This is a re-creiltion of the originill ~'" ~ ~ ,ff ~ ^ 1 "-, '~ ,," ,,; -,t ~'-', ~_, ~_< -<,^ ',_._ ^ - ~^- ,?- '" ~'", Send Correspondence to: P,O. Box 260599 PIano, TX 75026-0599 Send Payments to: P.O. Box 660694 Dallas, TX 75266-0694 March 9, 2000 Certified Mail No. John A. Rodriguez P. O. Box 72 Boiling Springs, P A 17007 Countrywide Loan # 9489325 Property Address: 704 Forge Rd. Carlisle,PA 17013 NOTICE OF INTENTION TO FORECLOSE Countrywide Home Loans, Inc. (hereinafter "Countrywide") services your borne loan. Your home loan is in serious default because you have not made your required payments. The total amount now required to reinstate your loan as afthe date of this letter is as follows: MonthlvPavrnents: 09/01/99-03/0IlOO @ 940.75 6585.25 Late Chare:es: 09/01199 - 03/01100 @ 39.23 235.38 Other Charl2es: Uncollected Late Charges: Uncollected Costs: Partial Payment Balance 243.52 458.00 122.98 71399.17 TOTAL DUE You may cure this default within THIRTY-FIVE (35) DAYS oftbe date of this letter, by paying to us the above amount of $7,399.17, plus any additional monthly payments, late charges. fees and other applicable charges which may faIl due during this period. Such payment must be in the fonn of certified check, cashier's check or money order, and made payable to Countrywide at P.O. Box 10221, Van Nuys, CA 91410-0221. If your eheclt or other payment is returned to us for insufficient funds or for any other reason, you will Dot have cured your default. No extension ,of tUne to cure will be granted due to a returned payment. Jfyou do not cure this default within THIRTY-FIVE (35) DAYS, we will accelerate the mortgage payments. This means whatever is owing on the original amount borrowed will be considered due innnediately and you may lose the chance to pay off the original mortgage in monthly installments. If the full payment of the amount of default is not made within THIRTY- FIVE (35) DAYS, we also intend to immediately start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. Jfyou cure the default before we begin legal proceedings against you. you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, iflegal proceedings are started against you. you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. Jfyou cure this default within the thirty-five day period, you will not be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFfER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Jfyou have not cured the default within the thirty-five (35) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the foreclosure sale. You may do so by paying the total due, as well as all reasonable attorney's fees and costs incurred in conncection with the foreclosure sale (and perform any other reqirements under the mortgage.) Pursuant to your loan documents, and because your loan is in defauh, Countrywide may, at its option, enter upon and conduct an inspection of your property. The purpose of this inspection is to observe the physical condition of your property, to verity that the property is occupied and/or to determine the identity of the occupant. You will be responsible for the cost of any such inspection. It is estimated that the earliest date that such a foreclosure sale could be held would be aproximately six (6) months from the date of this letter. A notice of the date of the foreclosure sale will be sent to you before the sale. You may find out at any time exactly what the required payment will be by calling us at the following number: 800.669-4575. This payment must be in the form of cashier's check. certified check or money order and made payable to us at the address stated above. If you cure this default, the mortgage will he restored to the same position as ifno default had occured. However, you may not cure your default more than three (3) times in any calendar year. You should realize that a foreclosure sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. ,~ --~ '"'-, ~ , ~ "^ - ~ 1 If you are unable to cure your default on or before, Countrywide wants you to be aware OfVariOllS options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: *Repayment Plan: It is possible that Countrywide may be able to assist you in keeping your home by offering you some fonn of payment assistance. Our basic plan requires that you pay COWltrywide, up front, at least !4 of the amount necessary to bring your account current, and that yoo pay the balance of your overdue amont, along with your regular monthly payment, over a defined period oftime. Other repayment plans also are available. *Loan Modification: Alternatively, it is possible that COlUltrywide may be able to lower your regular monthly payments by reducing your interest rate, and then capitalize your delinquent payments to your current loan amount, through a modification of your loan. This foreclosure alternative, however, is limited to certain loan types. *Sale of Your Property: Alternatively, if you are willing to sell your home in order to avoid foreclosure, Countrywide may be able to offer you an alternative to foreclosure even if your home is worth less than what is owed on it. *Deed-in-Lieu: Ahematively, if your property is free from other liens or encumbrances, and if your default is due to a serious financial hardship which is beyond your control, you may be elegible to deed your property directly to COlUltrywide and avoid the foreclosure sale. If you are interested in discussing foreclosure alternatives with Countrywide, you must contact us immediately. !fyou request assistance, Countrywide will determine, in its sole descretion, whether that assistance will be extended to you. In the meantime, COWltrywide will proceed with all collection, enforcement and/or foreclosure efforts unless it agrees otherwise in writing. Please be advised iliat failure to bring )lour loan current or to enter into a written agreement as outlined above win result in the acceleration of your debt Time is of the essence!! Should you have any questions concerning this notice, please contact COWltrywide's office immediately at IR800-669-4575, extension 7149. Gail Malone Loan COlUlselor 800M6694575, Extension 7149 If your loan was in default at the time that it was acquired by Cowltrywide, please be advised of the following: 1. Countrywide is a debt collector, we are attempting to collect a debt, and any information Countrywide obtains will be used for that -purpose. 2. The amount clDTently owed to COWltrywide is $7,399.17 (there may be other accrued interest" costs and expenses). Unless you, within thirty (30) days after receipt oftllis letter, dispute the validity oftbe debt owed or any portion of this debt, we will assume the amoWlt to be valid. If you notifY, us in writing within this thirty (30) day time frame that you dispute or any portion of the debt, we will obtain verification of the debt and mail it to you and, if you so request, provide you with the name and address of the original creditor if it is different from the current creditor. Please direct any written disputes to the following address: Countrywide Home Loans, Inc. CoUections, MS SV.34 Attention: Researcb Counselor P.O. Box 10221 Van Nuys, CA 91410-0221 This is a re-creation of the original ,. ~~Iffi~~\ll_liijiW'Hl~tiiilw_"l'abl~ffiiiil'j;j,R""'~ iiiI~liililuAI ' .~ '~ ~ ~ ~ .,. 1:.'." ," "< .o_""'".~'""~ . _ ~.- 'I ,t;!; .:::'.:1;:_ - >-,- ,>"" .\'. ". " ,. "' .~'~..", r. .~_~ ~ ~ ~