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Home My WebLink About00-08751 . , .L.' ~. .., ,'"',,,." ,-":,, I 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. THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 30, 1995 SERIES 1995-C c/o Rosicki Rosicki & Associates P.C. One Old Country Road, Suite 429 Carle Place, NY 11514 plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE vs. Term 11 (~~ No. <b - I''7S I L:lci rcKJ, CIVIL ACTION: MORTGAGE FORECLOSURE DANIEL J. FREEDMAN (Mortgagor (8)) JANICE FREEDMAN-NELL (Real Owner (8)) 703 Somerset Drive Mechanicsburg, PA 17055 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 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. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 A V ISO LE RAN DEMANDADQ A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAB DESPUEB 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 QUEJAS EN ESTA DBMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PRQVISIONES DE E8TA DEMANDA. POR RAZON DE ESA DECISION, E8 POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. 81 NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADQS), 215-238-6300. Cumberland county Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 ITegal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 , ,I, -~ . ,'," '. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 30, 1995 SERIES 1995-C, c/o Rosicki Rosicki & Associates P.C., One Old Country Road, Suite 429, Carle Place, NY 11514. 2. The name(s) and address(es) of the Defendant(s) is/are DANIEL J. FREEDMAN, 703 Somerset Drive, Mechanicsburg, PA 17055, who is/are the mortgagor(s), and JANICE FREEDMAN-NELL, 703 Somerset Drive, Mechanicsburg, PA 17055, who is/are the record owner(s) of the mortgaged property hereinafter described. 3. On September 30, 1995, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to TMS MORTGAGE INC. D/B/A THE MONEY STORE, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1285, Page 57. By Assignment of Mortgage dated September 30, 1995, the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 523, Page 1148. 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 July 1, 2000, 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 6/ 1/00 through 11/30/00 at 12.625% Per diem interest rate at $27.74 Attorney's Fee at 5% of Principal Balance Late Charges 7/ 1/00-11/30/00 Monthly late charge amount at $44.47 Costs of suit and Title Search $ 80,207.99 5,048.68 4,010.40 222.35 560.00 $ 90,049.42 Escrow Balance Monthly Escrow amount $ $ 90,049.42 , LL, . -,"-~ ~ ,. ,I '. 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 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 $90,049.42, together with interest at the rate of $27.74, 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. - ,. L .'_,__. ~- <'d' r 1-", r,~ "~' .-.r"o., ,"". , "'0.' ~--,-', .J -;, '" ::"';"1 " VERIFICATION I Joseph A. Goldbeck Jr. as the attorney for 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: I (~ ;~O() ~ ~-'" .;~, ~ ~ ~ ,-- " -';e' - ,,,,_~ ~ ," , "'~ -" ,- ""~"'~'~ " Lel!aI Descriution: All that certain tract or ,Parcel ofland llnd premises situate lying and being in the Borough ofMechauicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more partieularly described as follows: Beginning at a point on the northern line of Somerset Drive said point being at the dividing line between Lots Nos. 9 and 10 Block "C" on the hereinafter mentioned Plan of Lots, thence along said northern line of Somerset Drive north 67 degrees 47 minutes east sixty -four snd fifty-five hundredths (64.55) feet to a point; thence continuing along same on a cnrve on the left having a radius of one hundred twenty-five (125.0) feet an arc length of one hundred fifteen and forty-five hundredths (Il5.45 )feet to a point on the dividing line between Lots Nos. 10 and Il Block"C" thence along said dividing line north 83 degrees 14 minutes 30 seconds west one hundred fourteen and thirty hundredths (Il4.30) feet to a point; thenee south 67 degrees 47 minutes west sixty-four and twenty-eight hnndredth (64.28) feet to a point on the dividing line between Lots Nos 9 and 10 Block "C" on the hereinafter mentioned Plan of Lots; thence along said dividing line south 22 degrees 13 minutes east one hundred five (105.0) feet to a point on the northern line of Somerset Drive said point being at the dividing line between Lot Nos, 9 and 10 Block"C" the place of beginning Being Lot No. 10 Block "C" on Final Plan No.5 Parts of Blocks "B" "C" and "E" Part of Section 3 of Heritage Acres said Plan being recorded in th~ Cumberland County Recorder's Office in Plan Book 32, Page Il8. Under and Subject, neverthe less to easements appearing on record on said Plan and to the restrictions as set forth in the cumberland County Recorders Office in Miscellaneous Record Book 207, Page 331 L- ~- .,~ Ji 0<" '" tJ [,L- I EXHIBIT A THE MoNEY S'I'ORE" P 931 140 163 September 06 2000 '\1FCL 72569403 II"I~ 111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIII111ll11l111II~ I11111 0072569403NFC;:' Dan e J Freedman Po Box 301 'Vlechan csburg p~ 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Th S IS an ofre a not ce tbat the morte:8e:e 0", your home IS n default. and the lender mtends to foreclose SDecItie mformat on about the nature of the defau t S Drovtded In the attached osees The Homeowners~ Emergencv "lort1!'82:e ASSIstance Pro!?ram lHE'\1AP) mal' be able to he D to save Your home This notice e"(Dla os how the Droeram works To see fHE'\1AP ean helD vou. vou must MEET WITH A CO'lSU'\1ER CREDIT COUNSELING 4GENCY WITHIN 30 D4YS OF THE D4..TE OF THIS 'lOTICE Take thIs NotIce w th vou when vou meetw th the counsel 0232encv The name. address. and ohone number of Consumer ered t Counsel 02 <\gene es servID2 your countv are I sted at the-end orth 5 '\{ot ce If vou have aov auest ons. vou may call the Pennsvlvan a HODS oe: FlDaoce A2~ncv tol free at IM800-342-2397 (Denons w th mDalred beann2 ean eafl717-780-1869\ Th s notice conta os mportant legallPformatlon If you have any questions representatIves at the Consumer Cred t Counseling Agency may be able to help explam It You may also want to contact an attorney n your area The Deal bar assoc at on may be able to help you rod a law}'er La Not rea on en adruoto es de suma mnortaoc.a. Dues sleeta so derecho a contmuar "IV eoda en su casa S. no comorende e conten do de esta Botlficlon obten23 una traducelon Immed atamente lIamando esta 3e:enC18 (Pennsvlvan a HousJn2' Fmance Ae:encv) s n can!Os al Rumero menclonado arnba Puedes ser elee ble Dara un Drestamo oar el Droe:rama lIamado 4. Homeowners~ Emereenev "Iort2'32'e 4.ss stance Pr02'ram al cual vuede sa var su caSH de 18 Denhda del dereeho 8 red m r sa h DOreca HOvIEOW'\1ER S 1'.; "'ME(S) PROPERTY 4.DDRESS Damel J Freedman 703 Somerset Dr Meehan csbu P A 17055-0000 72569403 T\.1S \4ortgage lnc L04'\1ACCO~TNu"mER CURRENT LENDER/SERVICER The Vloney Store POBox 96053 Charlotte NC 28296-0053 Phone ]-800-795-5125 Ext 10302 ~" L._ I ..l '. "",-,"-';' '~l " rage two 'IFCL 72569403 HOMEOWNER S EMERGENCY '\tORTGAGE -\SSISTANCE PROGRAM YOU "lAY BE ELIGIBLE FOR Fl'lA ""CIAL -\SSISTANCE WHICH CA 'l SAVE YOUR HO'\'lE FRO'\<! FORECLOSURE AND HELP YOU "lAKE FUTURE '\10RTGAGE PAY'\<!ENTS IF YOU CO'\1PL Y WITH THE PROVISIO'l OF THE HO'\tEOW'IERS EMERGE'ICY "tORTGAGE ASSIST -\NCE ACT OF 1983 (THE' ACT ') YOl: MAYBE ELlGIIlLE FOR EMERGENCY MORTG-\GE ASSIST A 'ICE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTA ""CES BEYOND YOUR CONTROL IF YOU HAVE -\ REASO'lABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTG -\GE P -\ YME"TS, -\ 'iD IF YOU MEET OTHER ELIGIIlILlTY REQUIRE'\<!ENTS ESTABLISHED BY THE PE'I'ISYL V A 'l14 HOUSI'IG FINANCE ",GENCY TE"IPOR,4.RY STL\. Y OF FORECLOSURE- Under the Act you are entitled to a temporary stay of the foreclosure on your mortgage fer THIRTY (30) days from the date ofth s 1\otIce Dur ng that t me you must arrange and attend a face-to-face meet ng WIth one of the des gnated conSllmercounsel ng agenc es I sted armeend ofth s "or ce THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) D4 YS IF YOl: DO "lOT APPLY FOR EMERGEl\fCY MORTGAGE ..SSIST.. "lCE. YOU "'1UST BRING YOUR MORTGAGE UP TO DATE fHE PART OF THIS "lOTICE C"LLED HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO BR"'G YOUR 'WORTG<\GE UP TO VA TE CONSUMER CREDIT COU"SELlNG AGENCIES- If you attend a face-to-face meet ng w th one of the consumer cred t counsel ng agenc es 1 sted at the end of th s'lot ce the lender may NOT take funher act on aga nst you for THIRTY (0) days after the date ofth s meet ng The names. addresses and teleDhone numbers of des s:mated consumer counsel Dg a2enc es for the countv n whIch VOUt DrooertV 1s located are ~et forth at the end ofth s Not ce It IS only necessary to schedule One face-to-face meet og You should adv se th s lender mmedlatelv of your ntent ons APPLICATION FOR MORTG4.GE <\SSIST4.NCE- Your mortgage s n default for the reasons set forth later nth s Not ce (see follow ng pages for spec -r c nformat on about the nature of your default) If you have tr ed and are unable to resolve th s problem w th the lender you have tbe r ght to apply for financ al ass stance from the Homeowners Emergency "VIortgage I\sslStance Fund In order to do rh s you must f"ll out and s gn and nea completed Homeowners Emergency Ass stance -'\ppl caron w rh oneofrhedes gnated consumer cred t counsel ng agenc es 1 sted at the end ofthlS Not ce Only Consumer cred t counsel ng agenc es have apphcat ons for the program and they w 11 ass st you n submItt ng a completed appI cat on to the Pennsylvan a HOlls ng F nance Agency Your appl cat on MUST be ned or postmarked w th n THIRTY (30) days of your face-to-face meet ng YOU MUST FILE YOUR 4.PPLICA TION PRO'\1PTL Y IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME Il\1l\1EDIATELY A""D YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DE"IED ~GENCY ACTlON- i\va lable funds for emergency mortgage ass stance are very I m ted They w II be d sbursed by the Agency under the el g b I ty cnlena establ shed by the Act The pennsylvan a Housmg fnance Agency has SIXTY (60) days to make a dec s on after t rece yes )'OU appJ cat on Dur llg that add tlonal t me no foreclosure proceed ngs w 11 be pursued aga nst you If you have met the tIme rtqu rements set forth above You w]1 be not fled d rectly by the Agency of Its dec s on On your appl cat on NOTE IF YOU ARE CURRENTLY PROTECTED BY THE F1LIl'iG OF A PETITION IN BANKRUPTCY THE FOLLOWI"\[G PART OF THIS NOTICE IS FOR Il'ITORMATlON PURPOSES O"LY -\ND SHOULD NOT BE CONSIDERED AS AN ATIE'\1PT TO COLLECT THE DEBT (!fyou have fled bankruptcy you cau stili apply for Emergeucy Mortgage AsSIstance) ~- ~ , -~. -~ 'i . Pilge two 'lFCL 72569403 HOMEOW"IER S EMERGENCY VlORTGAGE "SSISTANCE PROGRAM YOU "lAY BE ELIGIBLE FORFI'IA'ICIAL "SSISTANCE WHICH CA'I SAVE YOUR HO'-1E FRO"\1 FORECLOSURE AND HELP YOU '\'lAKE FUTURE '\olORTGAGE PAY'-1ENTS II' YOU COVlPLY WITH THE PROVISIO'l OF THE HO"\1EOW'IERS EMERGE'ICY "\10RTGAGE ASSIST.\NCE ACT OF 1983 (THE' ACT ') YOt: MAYBE ELlGIllLE FOR EMERGENCY MORTG>\GE ASSIST A 'ICE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTA'ICES BEYOND YOUR CONTROL IF YOU HAVE" REASO'lABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTG'l.GE p" YME'ITS, "'10 IF YOU MEET OTHER ELIGIBILITY REQUIRE"1ENTS ESTABLISHED BY THE PE'I'ISYL V A 'II" ROUSI'IG FINANCE >\GENCY TE'\-IPORARY ST <\. Y OF FORECLOSURE- Under the Act you are entItled to a temporary stay of the foreclosure on your mortgage for THIRTY (30) days from the date ofth s :Kotlce Dur ng that t me you must arrange and attend a face~to-face meet ng WIth one of the des gnated conSUmer counsel ng agenc es I sted at the end ofth s 1'oo:0t ce THIS MEETING J\.lUST OCCUR WITHIN THE NEXT THIRTY (3\l) 0.\ YS IF YOU DO 'lOT APPLY FOR EMERGE"CY MORTGAGE ..SSIST "'ICE. YOU "'lUST BRING YOUR 1\10RTGAGE UP TO DATE fHE PART OF THIS '\IOTICE C..LLED HOW TO CURE YOUR 1\10RTGAGE DEFAULT EXPLAINS HOW TO BRl':G YOUR '\ofORTG'l.GE UP TO DATE CONSUMER CREDIT COU'ISELIl'iG AGENCIES-If you attend a face-to-face meet ng w th one oflhe consumer cred t counsel ng agenc es 1 sted at the end ofth s 'lot ce the lender may NOT take funher act on aga nst you for THlRTY (0) days after the date ofth 5 meet ng The names. addresses and teleohone numbers of des lmated consumer counsel ng alZenc es for the county n whIch voW" D["Qoertv IS located are ~et forth at the end ofth s Not ce It 15 only necessary to schedule one face-la-face meet ng You should adv se th s lender mmedlate]v of your otent ons APPLICATION FOR MORTG~GE >\SSIST'l.NCE- Your mortgage s n default for the reasons set forth later nth s Not ce (see follow ng pages for spec fe nformat on about the nature of your default) If you have.tr ed and are unable to resolve th s problem w th the lender you have the r ght to apply for fmane al ass stance from the Homeowners Emergenc)" '\1ortgage -'\sststance Fund In order to do th s you must flJ out and s gn and Ile a completed Homeowners Emergency Ass stance l\ppl cat on w th one of the des gnated consumer cred t counsel ng agenc es 1 sted at the end of thIS Not ce Only consumer cred t counsel ng agenc es have apphcat ons for the program and they w 11 ass st you n submltt ng a completed appl cat on to the pennsylvan a Hous ng F nance Agency Your appl cat on MUST be ned or postmarked w th n THIRTY (30) days of your face-to-face meet ng YOU MUST FILE YOUR 4.PPLICATION PROVlPTLY IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TillS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY A'ID YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DE'IIED AGEl'iCY ACTION- "va lable funds for emergency mortgage ass stance are very I m ted They w II be d sbursed by the Agency under the el g b 1 ty cnlena establ shed by the Act The Pennsylvan a Housmg Inance Agency has SIXTY (60) days to make a dec s on after t rece yes you appJ car on Dur ng that add tlonal t me no foreclosure proceed ngs w 11 be pursued aga nst you If you have met the tIme requ rements set forth above You w II be not fled d reedy by the Agency of Its dec s on on your appl cat on NOTE IF YOU ARE CURRENTLY PROTECTED BY THE FlLII';G OF A PETITION IN BANKRUPTCY THE FOLLOWI'IG PART OF THIS NOTICE IS FOR INFORMATION PURPOSES O'iLY .\ND SHOULD NOT BE CONSIDERED AS AN ATTEVlPT TO COLLECT THE DEBT (If you bave ned bankruptcy you can stIli apply for Emergency Mortgage Ass"'tance) . ~ I, .^'~;__" Page three NFCL 72569403 HOW TO CUnE YOUR MORTGAGE DEFAULT IBr n2 t un to date) NATURE OF THE DEF At;L T - The 'JIORTGAGE debt beld by the above lender on your property located at 703 Somerset Dr Mechamcsbu FA 17055-0000 IS SERIOUSLY 1'1 DEFAULT because YOU HAVE NOT MADE MOKTHL Y '\10RTGA.GE PAYMENTS and the followmg amounts are now past due Del nquent Payment Balance (b) Late charge(s) (c) Other charge(s) '1SF & Advances (d) Less Cred t Balance (e) Total amount requ red as of 09/02/2000 S2 673 80 $8932 SI 46950 $00 $4232 62 YOU HAVE FAILED TO TAKE THE FOLLOWNG ACTIO'l ( f appl cable) HOW TO CURE THE DEFA UL T - You may cure th s default w th n THIRTY (30) days from the date ofth s letter UY PA YI'IG THE TOTAL A '\10UNT PAST DUE TO LENDER WHICH IS 54 232 62 PLUS A '-IY MORTGA.GE PA. Y'\1E'ITS A '-ID LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD Pavments must be made eIther bv cashier s chec~ certlred check. or money order made oavable to Regular 1\1a I TMS vlortgage Ine PO Box 96053 Charlotte NC 28296-0053 OverD ght 1\la I FUNB Lockbnx 96053 1525 West W T Rarr s Blvd Charlotte NC 28262-0053 You can cure any other defau t by tak ng the foJlowmg act on wdh n THIRTY (30) Days of the date of th s letter (Do not use f not appl eable ) IF YOU DO l\"OTCURE THE DEF"-ULT-Ifyoudo not cure the default WIth n THIRTY (30) days ofth s lenerdate the lender ntends to exere se ts n!!ht to accelerate the morte:age debt Th s means that the entIre outstand ng balance of th s debt w 11 be cons dered due mmed ately and you may lose the chance to pay the mortgage n monthly nstal1ments If full payment ofrhe amount of default s not made w th n TBIRTY (30) days of the letter date TMS vfortgage Ine also ntends to nstruct the r attorneys to start a legal act on to foreclose UDOD vour mort1!aeed Drooertv IF THE MOR1'GAGE IS FORECLOSED UPO'!- The mortgaged property w,lI be sold by the Sher fflo pay off the mortgage debt If the lender refers your case to ts attorneys but you cure the del nqueney before they beg n legal proceed ngs aga nst you you W U have to pay the reasonable attorney s fees actually neurred up to $50 00 However If legal proceedmgs are Started aga nst you you wlll have to pay the reasonable attorney s fees actually ncurred even If they are over $50 00 Any attorney s fees w II be added to the amount you owe the lender wb eh may also Delude the r reasonable costs Ifvou cure the defaultw thIn the THIRTY (30) DAY oerlOd. vou WI not be reoulred to Dav attorneys' fees OTHER LENDER RE'\1EI>IES- The lender may also sue you personally for the unpatd pr nc pal balance and all other sums due under the Mortgage RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default w th n the THIRTY (30) day penod and foreclosure proceed ngs have begun you StIll have the r ght to cure the default and prevent the sale at any t me up to one hour before the Sheriffs Sale You may do so by paymg the total amount then past due plus any late charges charges then due reasonable attorneys fees and costs connected w th the foreclosure sale and any other costs connected WIth the Sher ff s Sale as spec fed n wr nng by the lender and by perform ng any other requ rements under the mortgage CurIng your default ID the manner set forth ID th s Notice will restore your mortgage to the same POSItIon as I' you had never defaulted EARLIEST POSSIBLE SHERIFF'S SALE DA TE- It IS est maled that the earhest date that such sl er ff s sale could be held s would be approx mately fIVE (5) months from the date ofth s ~otJce A not ce of the actual date of the Sher fIs Sale w II be sent to you before the sale Of Course the amount needed to core the default w lllDcreasetbe longer you \Va t You may fnd out at any t me exactly what the requ red payment or aCt on w II be by contact ng the lender ~" =& Ii : ., . Page three NFCL 72569403 HOW TO CURE YOUR MORTGAGE DEFAULT fBr n2 t UD to date) NAnJRE OF THE DEFAt;L l' - The vlORTGAGE debt held by the above lender on your property located at 103 Sl>merset Dr Mechamcsbu PA 11055-0000 IS SERIOUSLY N DEFAULT because YOU HAVE NOT MADE MOKTHL Y \>lORTG...GE PAYMENTS and the followmg amounts are now past due Del nquent Payment Balance (b) Late chargers) (c) Other charge(s) '1SF & Advances (d) Less Cred t Balance (e) Total amount requ red as of09f0212000 S2 613 80 $8932 SI 46950 $00 5423262 YOl; HA VE FAILED TO TAKE THE FOLLOWl'IG ACTIO'l ( f app] cable) HOW TO CURE THE DEFAULT- You may cure th s default w th n THIRTY (30) days from the date ofth s letter BY PAYI'IG THE TOTAL A "fOUNT PAST DUE TO LENDER \\lHICH IS S4 232 62 PLUS A'IY MORTG"'GE P'I. Y\1E'lTS A'ID LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD Pavment. must be made e.ther bv cashIer 5 chet:k. certIred check_ or money order made Davable to Regular ~1a I TMS Vlongage Ine PO Box 96053 Charlotte NC 28296-0053 Overn ght Ma I FUNB Lockbox 96053 1525 Vv'est W T Harr s Blvd Charlotte NC 28262-0053 You can eureany otherdefau t by tak og the followmg act on WJth n THIRTY (30) Days of the dateofth s letter (Do not use f not appl cable) IF YOU DO l'iOTCURE THE DEF<\ULT- If you do no' cure .hedefault WIth n THIRTY (30) day. ofrh s lenerdato the lender n.ends to exerc se ts rlBht to accelerate the morte:a-e.e debt Th s means that the enUre outstand ng balance ofth s debt w 11 be cons dered due mmed ately and you may lose the chance to pay the mortgage n monthly nstallments If full payment ofthe amount of-default s not made w th n rnJRTY (30) days of the Jetter date TMS '\4ortgage Inc also ntends to nstructthe rattorneys to start a legal act on to foreclose UDon vour mortsza2'ed orooertv IF THE MORTGAGE IS FORECLOSED UPO'i- Themol1gaged property WJIl be sold by the Sher fflO pay off the mortgage debt If the lender refers your case to ts attorneys but you cure the del nquency before they beg n legal proceed ngs aga ost you you w II have to pay the reasonable attorney s fees actually ncurred up to $50 00 However Iflegal proceedmgs are started aga nst you you wdl have to pay the reasonable attorney s fees actually ncurred even If they are over S50 00 Any..attomey s fees w II be added to thie amount you owe the lender \'Vh ch may also Delude the r reasonable costs Uvou cure the defaultw thlD the THIRTY (30) DAY penod. vou WI not be reaulred to Dav attorneys' fees OTHER LENDER RE"1EDlES- The lender may also sue you personally for the unpatd pr nc pal balance and all other sums due under the Mortgage RIGHT TO Ctm.E THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default w th n the THIRTY (30) day penod and foreclosure proceed ngs have begun you stdl have the r ght to cure the default and prevent the sale at any t me up to one hour before the Shertffs Sale You may do so by paymg the total amount then past due plus any late charges charges then due reasonable attorneys fees a:r1d costs connected w th the foreclosure sale and any other Costs connected WIth the Sher ff s Sale as spec red n wr nng by the lender and by perfonn ng any other requ rements under the mortgage Cunng your default lD the manner set forth lD tb 5 Notice will restore your mortgage to the same pOSItJOD as lryou had never defaulted EARLIEST POSSIBLE SHERIFF'S SALE DA TE- It tS est mated that the earhest date that such sl er ff. sale could be held s would be approx mately FlVE (5) months from the date ofth s ~obce A not ce of the acmal date of the Sher fIs Sale \V II be sent to you before the sale Of course the amount needed to cure the default w 11 mcrease the longer you "...a t You may fnd OUt at any t me exactly what the requ red payment or act on w II be by contact ng the lender - "' ,~-- " III , .....,~ -'; . Page four KFCL '2569403 HOW TO COr;TACT THE LE'liDER BY TELEPHO'\;E OR '\'tA[L ~ame of Lender The Money Store Address FlNB LOCKBOX 96053 C ty State Z p Charlotte NC 28262-0053 Te[ephone Number 800-795-5125 Ext 10302 Faes m Ie Number 916-617-0655 EFFECT OF SHERIFF S SALE- You should real ze that a Sher lIs sale w 11 end your ownersh p of the mortgaged property and your r ght to occupy t If you com Due to lIve n the property after the Sher ff's sale a lawsuIt to remove you and your furn ture and other belongmgs could be started by the lender at any t me <\SSUl\1.PTIO'{ OF ","10RTG J\GE- You may not sell or transfer your home to. a bu) er or transferee who w \l aSSume the mortgage debt prov ded that all the outstand ng payments charges and attorneys fees and tosts are pa d pr or to Ot a1 the sale and that the other requuements of the mortgage are sat s1 ed YOU MAY ALSO HAVE THE RIGHT TO SELL TIlE PROPERTY TO OBTAN vIO'lEY TO P4. Y OFF THE '\'tORTG4.GE DEBT OR BORROWER '\'to'lEY FRO'\'t A'IOTHER LEND['lG NST[TUTlO,," TO P'\. Y OFF THIS DEBT TO HAVE THIS DH '\.UL l' CURED BY A '<Y THIRD P'\.RTY ACTING ON YOUR BEHALF TO HAVE THE MORTG'\.GE RESTORED TO THE SA \>IE POSITlO'l AS IF NO DEFAULT HAD OCCURRED (HOWEVER YOU ARE 'lOT ENTITLED TO TH]S RIGHT \>lORE TIlAN THREE TIMES [N '\. C4.LENDAR YEAR) TO ASSERT THE NONEX[STENCE OF A DEFAULT ['I '\. '1Y FORECLOSURE PROCEEDNG OR '\. '1Y OTHER LA WSUlT INSTITUTED UNDER THE \>IORTGAGE DOCUMENTS TO ASSERT A'IY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTIO'l U'IDER THE FEDERAL B"- '1KRUPTCY LAW THE CONSUVlER CREDIT COlJ'lSELNG '\.GENC]ES SERVIKG YOUR COUNTY IS A IT ACHED TO TH[S LEITER S ncerely TVIS \>Iortgage Iuc , ~ .,); ,. , ., i ' ~" . Page four ~FCL ~2569403 HOW TO COl"iTACT THE LE'iDER BY TELEPHO","E OR "\1AIL 'lame of Lender The Money Store Address FlNB LOCKBOX 96053 C tY State Z p Charlotte NC 28262-0053 Telephone Number 800-795-5125 Ext 10302 Fa&smleNumber 916-617-0655 EFFECT OF SHERIFF S SALE- You should real ze that a Sher ffssalew II end your ownersh p of the mortgaged property and your r ght to occupy t If you cont nue to live n the property after the Sher ffs sale a laWSUIt to remove you and your fum ture and other belongmgs could be staned by the lender at any t me -\SSt]MPTI0~ OF "'\10RTG o\GE- You may not sell or transfer your home to a bu) er or transferee who w II assume the mortgage debt Prov ded that all the outstand ng payments charges and attorneys fees and c.osts are pa d pr or to or at the sale and that the other reqUlrements of the mortgage are sat sf ed YOU MAY ALSO HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAN 'vIO'lEY TO P4. Y OFF THE 'vIORTG4.GE DEBT OR BORROWER 'vIO'lEY FRO'vl A'IOTHER LEND1'1G NSTlTUTlO"i TO P4. Y OFF THIS DEBT TO HAVE THIS DEF '\UL T CURED BY A '<Y THIRD P<\RTY ACTING ON YOUR BEHALF TO HAVE THE MORTG'\GE RESTORED TO THE SA 'VIE POSITlO'l AS IF NO DEFAULT HAD OCCURRED (HOWEVER YOI) ARE 'lOT ENTITLED TO THIS RIGHT 'vIORE THAN THREE TIMES IN '\ C4.LENDAR YEAR) TO ASSERT THE NONEXISTENCE OF A DEF AUL T 1'1 '\ '1Y FORECLOSURE PROCEEDl'IG OR <\ '1Y OTHER LA WSUlT INSTITUTED UNDER THE 'vIORTGAGEDOCUMENTS TO ASSERT A'IY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTlO'l U'IDER THE FEDERAL B'\ '1KRliPTCY LAW THE CONSUVlER CREDIT COlNSELNG <\GENCIES SERVIl'G YOUR COUNTY IS ATTACHED TO THIS LEITER S ncerely T\.-IS 'Aortgage Inc "...-...... I' - ,~ ." -~. ',. , _i ~ NrL!~2 .,.". Moray sro..~ EXHIBIT A September 06 2000 NFCL72569403 1\111~11~1111~lllllllmllmlllmll\I\llllmlllllllllllllllll1\111111111\ 0072559403NFCL Dan el J Freedman 703 Somerset Dr Meeban esbu P.I\ 17055-0000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE ThIS san ofrCJal not c:e that the morteaee on your home 15 In default. and the lender Intends to forec ose SDec rc informatIon about the nature of the default 15 oroy ded In the attached Da2es The Homeowners Emer1!encv'\1orte:ag:e 4.sslstance Pro!!ram (HE"\i.o\P) may be able to helD to save Your home This not ce exola ns how the Dro!!:ram works To see .fHEMAP caO help vou. vou must '\tEET WITH A CONSU'\tER CREDIT COUNSELI"IG .l\GENCY WITHIN 30 DAYS OF THE D 0\ TE OF THIS '(OTICE Take thIS Notice w th vou when vou meet with the counsel ng 8!!eDCV The name~ address. and DhoRe number of Consumer Credit Counsehnli! Ae:enc es serv 02 Your cOQnt\' are I sted at the end ofth s 1'\lot ce If vou bave snv Questions.. vou mav call the PennsvlvaDl8 HOllS 02 Fmance AlZencv toll free at 1..800..342-2397 (nersons with JmDa red bearJJU~' can calJ 717-780-18(9) Th s not ee contams unportant legal nformatlOR If you have any questions,. representat yes at the Consumer Cred t Counselmg Agency may be able to help explam It You may also want to contact an attorney In your area The local bar assocIatIon may be able to help you find a lawyer La Notlfica on en ad.unto es de suma moortanc 8. Dues afeela so derecho a cORbnuar vn'lendo en sn C8sa 51 no eomDrende el conten do de esta not ficlon obteolZa una traduce on ntmed atamente I amando ests ae:enCl3 (Pennsvlvan a Housme: Fmance A2encv) 5 n carf!OS al Rumero meRelonado arriba Puedes ser ele!!lble Dara un Drestamo Dor el oroe:r8lDa lIamado Homeowners Emel1!encv Mortga2e Ass stance Program" al cual Duede salvar su casa de la oerdlda del derecbo a red m r'$n b Dote<:a HO\1EOWNER S 'iA '\tE(S) PROPERTY ADDRESS Damel J Freedman 703 Somerset Dr Meehan esbu PA 17055-0000 72569403 TMS Mortgage Ine LOAI'< ACCOUNT NUMBER CURRENT LE'lDERlSERVICER The Money Store POBox 96053 Charlotte NC 28296-0053 Phone 1-800-795-5125 E'tt 10302 Ii c~l "1&: P;1ge two 'lFCl72569403 HO"fEOWIIlER S E'\1ERGENCY MORTGA.GE ASSIST A 'iCE PROGR.I\ '\1 YOU '\1A Y BE ELIGIBLE FOR FINA'ICIAL ASSIST A 'iCE WHICH CA'i SAVE YOUR HO'\1E FROI\1 FORECLOSURE AIIlD HELP YOU '\1AKE FUTURE MORTGAGE PAYMENTS IF YOU CO'\1PL Y WITH THE PROVISION OF THE HOMEOWNERS' EMERGE"ICY MORTGAGE ASSIST A "ICE ACT OF 1983 (THE ACT) YOU '\1A Y BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEr> C.I\USEI> BY CIRCUMSTAr>CES BEYOND YOUR CONTROL IF' YOU H<\ VE A REASONABLE PROSPECT OF BEI"IG ABLE TO PAY YOUR MORTG.I\GE PAYMENTS A"ID IF YOU '\1EET OTHER EUGIBIUTY REQUIRE'\1E'ITS ESTABLISHED BY THE PE"INSYLV ANIA HOUSING FINA "ICE AGENCY TEMPOR 4RY STAY OF FORECLOSVRE- Under the Act you are ent tJed to a temporary stay of the foreclosure on your mortgage for THIRTY (30) days frOnt the date ofth s Not ce Dunng that t me you must arrange and attend a face-to-face meet ng w th one of the des goated eonsumer counsel ng agene e. I sted at the end of thIS Not ce THIS '\1EETlNG '\1UST OCCUR WITHIN THE NEXT THIRTY (30) DAYS IF YOU DO 'lOT APPLY FOR EVlERGE'lCY 1VI0RTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTG.I\GE UP TO DATE THE PART OF THIS "lOTICE CALLED HOW TO CURE YOUR MORTG.I\GE DEFAULT EXPL'\INS HOW TO BRlNG YOUR V10RTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meet ng w th one of the eonsumer ered t eounsel ng ageneles I sted at the end ofth s Notlee the lender may NOT take further aet on aga n.t you for THIRTY (30) days after the date ofth s meet ng The names. address.es and tele-... hone numbers of desumated consumer counsel n2 aeenCIes for the county n whIch Your orooertv s located are set fonh at the end ofth s Not ce It 15 only necessary to schedule one face-to-face meet ng You should adv se th slender ntmed atelv of your ntent ons AI'PLlCATION FOR '\10RTGAGE >\SSISTA 'fCE- Your mortgage s n default for the reason. set forth fater nth S 'lot ee (see follow ng pages for spec fc Informat on about the nawre OfYOUT default) If you bave tr ed and are unable to resolve th s problem w th the lender you have the r ght to apply for f nane al asSIstance from'the Homeowners Emergency Mortgage Ass stance Fund In order to do th s you must fll out and S gn and fie a completed Homeowners Emergency Ass stance Appl cat on w th one of the des gnated conSumer ered t counsel ng agene es 1 sted at the end of th s 'Jot ce Only conswner credit counsel ng agenc es have appl cat ons for the program and theyw H ass styou n subn tt ng a completed appl cat on to the PennsyJvan a Hous Ig F nance Agency Yourappl cat on 1\-iUSTbe fled or postmarked w th n THIRTY (30) day. of your faee-to-face meet ng YOU '\1UST FILE YOUR APPLICATION PRO'\1PTL Y IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TI'\1E PERIODS SET FORTH IN THIS LETTER, FORECLOSURE '\1A Y PROCEED AGAI'iST YOUR HOME IVIMEDl.l\ TELY AND YOUR APPLICA T10'i" FOR MORTGAGE >\SSIST ANCE WILL BE DENIED <\GE'iCY ACTION- Ava lable funds for emergency mortgage ass stance are very 1m ted They w IJ be d sbursed by the Agency under the el gIb I ty Cr ter a establ shed by the Act The PennsylvanIa Housmg fnance Agency has SIXTY (60) days to make a dOCIS on after t rece yes you appl cat on OUT ng that add tonal t me no foreclosure proceed ngs w1l1 he pursued aga nst you If you have met the t me requ rements set forth above You w 1l be not fed d reetly by the 4.gency of ts dec SlOn on your appl cat on 'iOTE IF YOU ARE CURRE"ITL Y PROTECTED &Y THE FILl'iG OF A PETITIO'i 1"1 BANKRUPTCY. THE FOLLOWI~G PART OF THIS "IOTlCE IS FOR I"IFORMA nON PURPOSES O'fL Y 4. "'D SHOULD NOT BE CONSIDERED AS AN A1"TE'\1PT TO COLLECT THE DEBT (If you have filed bankruptcy you can st II apply for Emergency Mortgage Ass stanee) " -1-, ,~ ~ . ~"" .. Page three NFCL 72569403 HOW TO CVRE YOVR '\10RTGAGE DEF AVL T (Brmll .. Uo '0 da.e) NATURE OF THE DEFAULT - The '\10RTG<\GE debt held by the above lender on your property located at 703 Somerset Dr \iIechanlcsbu P.I\ 17055-0000 IS SERIOUSLY 1"1 DEF.I\ULT beeause YOU H.I\ VE !'lOT M.I\DE MO"ITHL Y MORTG.I\GE PA Y\iIENTS and the follow ng amounts are now past due Del nquent Payment Balance (b) Late chargers) (c) Other chargers) N5F & <\dvances (d) Less Cred t Balance (e) Total amount requIred as of 09/0212000 52 673 80 $89 32 5146950 $ 00 S4 232 62 YOU HA VE fAILED TO TAKE THE FOLLOWNG ACTION ( fappl cable) HOW TO CORE THE DEFAULT- You may cure th sdefault w th n THIRTY (0) days from the date ofth s letter BY PAYING THE TOT.I\L AMOU", PAST DUE TO LE"IDER, WHICH IS 54 232 62 PLUS ANY \iIORTGAGE PA VME~TS .l\ND LATE CHARGES (llIld other eharges) WHICH BECOME DUE DURNG THE THIRTY (30) DAY PERIOD Payments must be made ether bv cashier 5 check. cert red check. or rnonev order made o3vable to . Regular '\-Ia 1 T\.1S Mortgage IDe PO Box 96053 Charlotte "IC 28296-0053 Ovenught Mall FUNB Lpckbo, 96053 1525 West W T Harr s Blvd Charlotte "",,C 28262-0053 You ~ancureany other default by tak ng the foUowmg sellOn w th n THIRTY (30) Days oIthe date ortb s letter (Do not use If not applicable) IF YOU D01'l0T CURE THE DEF.I\ULT-lfyou do not cure the default w th n THIRTY (30) daysofth s letter dale the lender n.ends to exerc se ts l' e:ht to accelerate the morte:a5!e debt Th s means that the eot re outstand ng balance ofth s debt WIll be conSidered due mmed13tely and you may lose the chance to pay the mortgage in monthly nstallments If full payment of the amOUnt of default s not made w th n THIRTY (30) days of the letter date T\;\S Mortgage Inc also ntends to nstrUct the r attomeys to start a legal aet on to foreclose UbO'fl Your mort2:a!!ed Dronertv IF THE MORTGAGE IS FORECLOSED UPOl\- The mortgaged property w Il be sold by the Shenfflo pay off the mortgage debt If the lender refers your case to Its attorneys but you eure the del nquene)' before they beg n legal proceed ngs aga ost you you wdl have to pay the reasonable attorney 5 fees actually ncurred up to S50 00 However r legal proceed ngs are started aga nst you you w II have to pay the reasonable attorney s fees actuaUy ncurred even rtheyare over $50 00 4.ny attorney S fees w II be added to the amount you owe the lender wh ch may also nelude the r reasonable costs If YOU cure the default With n the THIRTY (30) DAY nerlod. YOU will not be reaulred to mil' attornel'S fees OTHER LE"fDER REMEDIES- The lender may also <ue you personally for the unpa d pr nelpal balanee and all other Sl ms due under the \;\ortgage RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not eured .he default w thm the THIRTY (30) day penod and foreclosure proceedmgs have begun you 51 II have the r ght to cure the default and prevent the sale at any t me up to one hour before the Sher ffs Sale Vou may do 50 by pay ng the total amount then past due plus any late charges charges then due reasonable attomevs fees and COSts connected w th the foreclosure sale and any other costs connected w th the Sher fIs Sale as spec fed n wnt ng by the lender and by perform ng any other requ rements under the mortgage Cunng your default In the manner set forth n thiS ~ot ce will restore you" mortgage to the same pos tlon as If you bad never defaulted EARLIEST POSSIBLE SHERIFF S SALE D 0\ TE- It s est mated that 'hc earhesl date .ha. such sher ff s sale could be held s would be approx malely FIVE (5) months from the date ofth s "lot ee A not ce of the actual da.e oflhe Sher frs Sale w 11 be sent to you before the sale Of course the amount needed to Cure the default w II ncrease the longer)'ou wa t You may fod out at any I me exactly what the requ red payment OF act on w JJ be by contactJng the Jender -~ J_ I :_Mc.__ .- ~ ,; ~'"' , '<]1 " Page four NFCL 72569403 1I0W TO COW 4.CT THE LE"IDER BY TELEPHO"iE OR 'VIAlL Name of Lender The \![oney Store Address FUNB LOCKBOX 96053 C Iy State Z p Charlotte KC 28262-0053 Telephone 'lumber 800-795-5125 E'tt 10302 F~es m Ie 'lumber 916-617-0655 EFFECT OF SHERIFF S SALE- You should real ,e that a Sher Irs sale w II end your ownersh p of the mortgaged property and your nght to occupy It If you Cont Due to 1 ve III the property after the Shenffs sale a laWSUIt to remove you and your furnIture and other belong ngs could be started by the lender at any t me ASSU'\fPTIO~ OF MORTGAGE~ You may not sell or transfer your home to a buyer or transferee who wIll assume the mortgage debt PfOV ded that all the outstand ng payments charges and attorneys fees and costs are pa d pr or to or at the sale and that the other requ rements of the mortgage are sat sfied YOU 'VIA Y ALSO HAVE THE RIGHT TO SELL THE PROPERTY TO OBT .l\IN MONEY TO PAYOFF THE MORTGAGE DEBT OR BORROWER vIO'IEY FROM ANOTHER LE'IDING Il'iSTITUTION TO PAYOFF THIS DEBT TO f1A VE THIS DEF 4.UL T CURED BY A.NY THIRD PARTY ACTNG 0'1 YOUR BEHALF TO f1.1\ VE THE MORTGAGE RESTORED TO THE S.I\ME POSITION AS IF NO DEFAULT HAD OCCURRED (HOWEVER YOU ARE 'lOT EWITLED TO THIS RIGHT MORE THAN THREE TIMES N A CALENDAR YEAR) TO ASSERT THE '10'lEXISTE'ICE OF A DEF AUL TN A'IY FORECLOSURE PROCEEDNG OR A'IY OTHER LA. WSUIT INSTITUTED UNDER THE MORTGA.GE DOCUMENTS TO ASSERT ANY OTHER DEFE"<SE YOU BELIEVE YOU VIA Y HAVE TO SUCH ACTIO'l BY THE LENDER TO SEEK PROTECTIO"! UNDER THE FEDERAL BA.NKRUPTCY LAW Tl-lE CO'lSUVlER CREDIT COUNSELlKG .l\GENClES SERVNG YOUR COlNTY IS ATT.I\CHED TO THIS LETTER S neerely T'VIS '\1ortgage Ine ,-..... ~ L ,..!;~.~ - l.,_ ,~. -~ ,~. ~'"' . .,,- i, ~ 'I~ Certified Article Number 710b 4S751i!"14 041& b6tlC Certified Article Number EXHIB'> ACT 91 NOTICE DATE OF NOTICE: 11/17/00 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE SENDERS RECORD 71llb 14515 1i!"14 0416 5<n.1 This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages" The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet with the Counseling Agency. The name. address an phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If YOU haye any questions. YOU may call the Pennsylyania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (17) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en ad junto es de suma importancia, pues afecta su derecho a continuar yiviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. 1 , < -.- -~,'.,;j"- '-'~ ' "~--"" - - ~ Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, P A 19106 Fax (215) 627-7734 Date: November 17, 2000 Homeowners Name: DANIEL J. FREEDMAN Record Owners Name: JANICE FREEDMAN NELL Property Address: 703 Somerset Drive, Mechanicsburg, PA 17055 Loan Account No.: 72569403 Original Lender: TMS MORTGAGE INC. D/B/A THE MONEY STORE Current Lender/Servicer: THE MONEY STORE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO 2 ,I; ., "' ..,. 'n_~-, ., , _.~_l" " I~ ~-~ CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the propertv is located are set forth at the end of this Notice" It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting" YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. - 3 I,] . -" ,-,' , ~ 'J- HOW TO CURE YOUR MORTGAGE DEFAULT (Brin!! it UD to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 703 Somerset Drive, Mechanicsburg, P A 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 7/1/00 thru 11/17/00 (5 mos. at $889.43/month) (b) Late charges from 7/ 1/00 thru 11/17/00 (5 mos. at $44.47/month) (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 4,447.15 222.3 5 $ 4,669.50 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $4.669.50, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash, cashier's check. certified check or money order made Davable and sent to: THE MONEY STORE 4111 South Darlington Tulsa, OK 74135 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri!!hts to accelerate the mort!!a!!e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose UDon your mort!!a!!ed DroDertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender beings legal proceedings against you, you will still be 4 ~I , c . - - "" '" ,-, "__'.' '\_ -: _,v, < ., ~-- ~ ,.C,; required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY period. vou will not be required to pav attornev's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yOU still have the right to cure the default and prevent the sale at anv time uo to one hour before the Sheriffs Sale. You may do so bv oaving the total amount then oast due. olus anv late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as soecified in writing bv the lender and bv performing any other requirements under the mortgage. Curing your default in the manner set forth iu this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: THE MONEY STORE Address: 4111 South Darlinl!tou Tulsa. OK 74135 Phone Number: 888-791-2070 Contact: Foreclosure DeDt. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. 5 ~ <<\. " . ~---""'; ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: .. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TillS DEBT. .. TO HAVE THIS DEFAULT CURED BY ANY TillRD PARTY ACTING ON YOUR BEHALF. .. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE TillS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELffiVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact: The Foreclosure Dept Phone Number: 888-791-2070 6 .Il " . PENNSYLVANIA HOUSING FlNANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF TIIE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234":2227 FINAN014L COUNSELING SJ:}RVICES OF FRANKLIN 3 I West 3rd Street .. Waynesboro,PA17268 (717)762-3285 . YWCA OF CARLISLE . r" , 30 I G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 ....'-, ~ -', '"'r_ ~- ~" I~ 'i[]lili:<<--~~~-r,jrf'U.if~IifWiiomiidl'Yc'_'*~'''''','El,-",;''''-tAAl1~~~i!~~_lili~iil.t~~~,1M~~-'" "" ~ ~ ~ -bQ. ."1 ~ () ~ 6 ~ .......... C\ :::::: ~~ ~ ?: l' J1 $ ~,L",-=""", .,.~< ,u..,:. _ _,~~,'M. ~~,_,'_."'" <" ''',,~ ~ _'0,.' -. ^ ..~" - o C <:'" ~r( 2":.'-:';",. (j-j 1~=~ j ~C") ~--;C) ;.""" (~.: Z. '~-1 ~. -<. {i' ~, . -.-" - .~ .- ,.~- (c:o c-~ CJ :''"1 () ~.." ""D --',,~ r-":-, - 1 ij 1 . ':1 .1 H II "I "I 1:1 II [:! II II tl "' ;il r.i Ii II !I Ii ,I ;i II II II II II I 1 () ---n -.......~'-,-.~rc;)'....;.... ':':{" ,- ~~} "J . ., ~;'1 ,~ _" .~ .L ~!ll Md ~_";",, U-~ 'tik~; SHERIFF'S RETURN - REGULAR . - CASE NO: 2000-08751 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS FREEDMAN DANIEL J ET AL WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FREEDMAN-NELL JANICE the DEFENDANT , at 0008:55 HOURS, on the 4th day of January 2001 at 703 SOMERSET DRIVE MECHANICSBURG, PA 17055 by handing to JANICE FREEDMAN a true and attested copy of COMPLAINT - MORT FORE together with NOTI CE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 SOAnsw~'l~( ~, ."1; r~ .,' R. Thomas Kline 01/05/2001 GOLDBECK, MCCAFFERTY, MCKEEVER Sworn and Subscribed to before . By: ~I~ De Sheriff "tZ;/ me this ,2'f~. day of c;LcrJ<v I AD ,/1,_ Q fuJI1,.,# P~othonotary , " "~L~~"'" '. ~- . .~- "J__ ~=""I-.i~ I, _ ",.. ~ SHERIFF'S RETURN - REGULAR ~ CASE NO: 2000-08751 P , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS FREEDMAN DANIEL J ET AL KENNETH GaSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FREEDMAN DANIEL J the DEFENDANT , at 0018:00 HOURS, on the 28th day of December, 2000 at 4158 KITTATINNY DR. MECHANICSBURG, PA 17055 by handing to DANIEL J. FREEDMAN a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.58 .00 10.00 .00 33.58 So An~~~ ~. . r~~~~1~! R. Thomas Kline 01/05/2001 GOLDBECK, MCCAFFERTY, MCKEEVER Sworn and Subscribed to before By: me this dYE!::. day of Grr';~d,2~ ~16thonotary .- Ih' , 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 (21 S) 627-1::\22 ATTORNEY FOR PLAINTIFF '.';(,,\';; '~;,;T \~~. ,\ ~~ . The Bank of New York as Trustee Under the Pooling and Servicing Agreement dated as of November 30, 1995 Series 1995-C c/o Rosicki, Rosicki & Associates P.C. One Old Country Road, Ste. 429 Carle Place, NY 11514 Vs. Daniel J. Freedman (Mortgagor only) 4158 Kittatinny Drive Mechanicsburg, PA 17050 Janice Freedman-Nell (Real Owner only) 703 Somerset Drive Mechanicsburg, PA 17050 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO 00-8751-Civi1 pRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Daniel J. Freedman CMortgagnr only\ and Janice Freedman-Nell CReal Owner only\, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days (or 60 days if defendant is the United States of America) from the date of service of the complain and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest - 12/1/01 - 3/7/01 Late Charges TOTAL $90,049.42 $ 2,690.78 S 177.88 $92,918.08 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Jo At DAMAGES ARE HEREBY ASSESSED AS DATE: (h();1('11 ~ {)J;x:; l- 'ND&--i; r<Jty/tJ"'kif. ~ ~ PRO PRO .. 'V I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is c/o Rosicki, Rosicki & Associates P.C., one Old Country Road, Ste. 429, Carle Place, NY 11514 and that the names and last known addresses of the Defendants is: Daniel J. Freedman (Mortgagor only) 4158 Kittatinny Drive, Mechanicsburg, PA 17050 Janice Freedman-Nell (Real Owner only) 703 Somerset Drive, Mechanicsburg, PA 17050 ,. ""'0." ''>-__ ,H".- '-'-""";i , TO: JANICE FREEDMAN NELL 4158 Kittatinny Drive Mechanicsburg, PA 17055 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED: AS OF NOVEMBER 30, 1995 SERIES 1995-C c/o Rosicki Rosicki & Associates P.C. One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff vs. DANIEL J. FREEDMAN (Mortgagor(s)) JANICE FREEDMAN NELL (Record Owner(s)) 703 Somerset Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 00-8751 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. TO; JANICE FREEDMAN NELL 4158 Kittatinny Drive Mechanicsburg, PA 17055 DATE OF THIS NOTICE: January 25, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ JOdeph --4. (jotdbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr", Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. IllS. ~Independence Mall East Philadelphia, PA 19106 215-627-1322 0"-_'" I.' _";__._ . - ,- .~ ,'.-,,,, . '~,,-,;.;.- .-,-- .~-'- >,,-' -._,,,",, ,~i -- ,-' , , t', ""':1 , TO: DANIEL J. FREEDMAN 4158 Kittatinny Drive Mechanicsburg, PA 17055 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED : AS OF NOVEMBER 30, 1995 SERIES 1995-C c/o Rosicki Rosicki & Associates P.C. One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff vs. DANIEL J. FREEDMAN (Mortgagor(s)) JANICE FREEDMAN NELL (Record Owner(s)) 703 Somerset Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 00-8751 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. TO: DANIEL J. FREEDMAN 4158 Kittatinny Drive Mechanicsburg, PA 17055 DATE OF THIS NOTICE: January 25, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ JO!J~Dh .A. (}otdbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 "',- , -'~ ~'." " - ,t -- -l: ;~, TO: DANIEL J. FREEDMAN PO Box 301 Mechanicsburg, PA 17055 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 30, 1995 SERIES 1995-C c/O Rosicki Rosicki & Associates P.C. One Old Country Road, Suite 429 Ca~le Place, NY 11514 Plaintiff vs. DANIEL J. FREEDMAN (Mortgagor(s)) JANICE FREEDMAN NELL (Record Owner(s)) 703 Somerset Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 00-8751 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. TO: DANIEL J. FREEDMAN PO Box 301 Mechanicsburg, PA 17055 DATE OF THIS NOTICE: January 25, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ JOdeph -A. goldbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 .~ ,L~ ~I, .__~. _,_ , _ ".s" '" ^ "', <-" ". ,'j.'~-'"""""i-", ,,- .1' ,_., ; ,,""!{ TO: JANICE FREEDMAN NELL PO Box 301 Mechanicsburg, PA 17055 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED : AS OF NOVEMBER 30, 1995 SERIES 1995-C c/o Rosicki Rosicki & Associates P.C. One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff vs. DANIEL J. FREEDMAN (Mortgagor(s)) JANICE FREEDMAN NELL (Record Owner(s)) 703 Somerset Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No" 00-8751 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A PEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: JANICE FREEDMAN NELL PO Box 301 Mechanicsburg, PA 17055 DATE OF THIS NOTICE: January 25, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ JOdepk .A. (jotdbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A" Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 590 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 1-'. ^ .,,'.., ',.5."'--' ,. .-,,:-,-'-- . -""-' ,:; -, j," ,",,~,[jr' TO, JAAICE FREEDMAN NELL 703 Somerset Drive Mechanicsburg, PA 17055 THE ~ANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED , AS OF NOVEMBER 30, 1995 SERIES 1995-C c/o Rosicki Rosicki & Associates P.C. One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff vs. DANIEL J. FREEDMAN (Mortgagor(s)) JANICE FREEDMAN NELL (Record Owner(s)) 703 Somerset Drive Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 00-8751 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. TO: JANICE FREEDMAN NELL 703 Somerset Drive Mechanicsburg, PA 17055 DATE OF THIS NOTICE: January 25, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ JO:leph ~. (jotdteck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 1-' _,.,<__d . "- -.,".- -"-:';',;<11" _ _r " ",~;" TO: DANIEL J. FREEDMAN 103 Somerset Drive Mechanicsburg, PA 17055 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED : AS OF NOVEMBER 30, 1995 SERIES 1995-C c/o Rosicki Rosicki & Associates P.C. One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff VS. DANIEL J. FREEDMAN (Mortgagor(s)) JANICE FREEDMAN NELL (Record Owner(s)) 703 Somerset Drive Mecnanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 00-8751 'l:'HIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A PEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED ?OR THE PURPOSE OF COLLECTING THE DEBT. TO: DANIEL J. FREEDMAN 703 Somerset Drive Mechanicsburg, PA 17055 DATE OF THIS NOTICE: January 25, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ JOdeph .A. (jotdbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Josepn A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelpnia, PA 19106 215-627-1322 t,iffl ~- --'''iMLilll~ ._"" ',- imf';Sii/;1;jj-~-i!~~ ""''''''-'''''"-~~... ~""'~~_- hlil'i!JljMr.i!j"U~ ~" c\~ ~ -----. - ~ ~ ~ ~ -:....r ~~ , - , , ~', ~ ~'''' ,~~~, _1* _"~",__,'" ""0" ? ",-' ',_Z-", ~ ~ \;J --0 ~ 4\ -', . :,-',- ..... 1:":' c ~~ ~!:B ~~ 10 ~ ",". "-," , , <:::I d .." :::j rh ::: , -/")m -tiQ (;,j' .:::;:j;:"t' .,~...,. ,. 9'- csg ~ -< :x :::- ::0 I \D -u :x ~ '-''1 +:- I'-'J.__ .-1 ,j ,,'. "~ ., -- . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 The Bank of New York as Trustee Under the Pooling and Servicing Agreement dated as of November 30, 1995 Series 1995-C Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 00-875l-Civil Vs. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Daniel J. Freedman (Mortgagor only) Janice Freedman-Nell (Real Owner only) Defendant(s) TO THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/7/01 to sale date at $15.27 per diem Total $92,918.08 $ and Costs $ oldbeck, Jr. SUlte 50 -The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 Attorney for Plaintiff Note: Please attach description of property. , , " -, . ,,- '-lii!!~tllfOO;fi'f!.'HWM~;;;;!t'M~~ih:.;;,j"'!f'42<~~ ~Wt~JldM~iMlMIDl~i.l!iOlIWiJ.~~~~~!M&1~, . _ .Li!fl .,"---- 17"~ ~ hm/l!ilid~r . QI III 0 0 .c: III ~ In III +> >- QlO 0 tJ ~..... r-- k'O >-1'1 >r-- QI 2l I ..... 0 ~ 0"" .-l ..... 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Q) .r:: lJ k tJ~ '1J H :s: o ~ > .-I"" 1<1 Q) '1J llll<l ~ .--l ;;J ~~ ~ ~ QI QI ."" 1'1 ~ 0"" U P, '" Cl 0 ~tJ 1'10"" ~ III 0"" ~ g ~ ""n 11I.....0 :x .-{ QI 0 lJ ~ :t> --:-x. -f1 .c: 0 -;:0 r'l"! r== Eo< p, I :S{,O ~~ u::> z-').L --,0 :::I-r. ~CJ -0 .'- '}] ~o :;!: Qc., '0 ~ am ~ U'I ~ Ul -< .I"",-"",,~~~ "",_"~ "~ ,.~ ~- - ~" ~ , . ili}',j \1 II -..... II ~I II Ii ~=- J [_ J_ ~ " _..,;. ~-"ii~:i "" --. ~ .--- . 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 PLAINTIF COURT OF COMMON PLEAS The :Bank of New York as Trustee Under the Pooling and Servicing Agreement dated as of November 30, 1995 Series 1995-C Vs. CUMBERLAND COUNTY CIVIL DIVISION NO. 00-8751-Civil Daniel J. Freedman (Mortgagor only) Janice Freedman-Nell (Real OWner only) ALL THAT CERTAIN tract or parcel of land and premises situate lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern line of Somerset Drive said point being at the dividing line between Lots Nos. 9 and 10 Block "C" on the hereinafter mentioned Plan of Lots, thence along said northern line of Somerset Drive north 67 degrees 47 minutes east sixty-four and fifty-five hundredths (64.55) feet to a point; thence continuing along same on a curve on the left having a radius of one hundred twenty-five (125.0) feet an arc length of one hundred fifteen and forty-five hundredths (115.45) feet to a point on the dividing line between Lots No. 10 and 11 Block "C" thence along said dividing line north 83 degrees 14 minute~ 30 seconds west one hundred fourteen and thirty hundre~ths (114.30) feet to a point; thence south 67 degrees 47 minutes west sixty-four and twenty-eight hundredths (64.28) feet to a point on the dividing line between Lots No. 9 and 10 Block "C" on the hereinafter.mentioned Plan of Lots; thence along said dividing line south 22 degrees 12 minutes east one hundred five (105.0) feet to a point on the northern line of Somerset Drive said point being at the dividing line between Lot Nos. 9 and 10 Block "C" the place of BEGINNING Being known as 703 Somerset Drive, Mechanicsburg, PA 17055 Tax Parcel #17-24-0789-348 ~ &<~' I"~ ;' i'._",,~,!~~~ ,I .)Jf:bi'~l;.i$. , ~~~km:(~"l'- !_",. ~-~ ,,_l':'-'''''~'iilig%i~i~~~ - 'IDIJll..u_ ~" ~' c",-,-,,~"~ . . . ~. ~ '"" ~.- ~ y~ - ., ....c \.J-J ~ CJ\ <'""" ~~~ ,Qj Di b -- vJ '<::> - Q ~' \ ~~-~ ~i~~; - . -~ s ~ 0 (') 0 0 c> 0' -oi -" ( . ~ ~ :Jl: :r! o(J '" e &-1-cl .;0. Ul !;pm :::0 ".'".::!J r:J 0,.,. ~ ;C:.~ "-r- ck2 \I ;g g;. '" .Y' I -'om ~.... 0 C/j- "" :.:0 '? . ('$< (.JC) r f :f ~5 ~ 1-.' .::;:Jf, C> :0;:- ~ ~8 0:0 --:"'0 ~- - is> CJrD ~ en ?E (Jj -c , ~,~~JF=~<c'_ ,. ~, ,- ~~~.,"~, " ~" ~ ~.,. . .0 eft ~ i --I . ",-...>' ~.-~ j :..:..: . ~ --, ." ..=".~ i ",~-".L;;';"";_ GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite SOO-The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (7.1'>) h7.7 U7.7. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Cr'VIL DIVISION The Bank of Pooling and of November New York as Trustee Under the Servicing Agreement dated as 30, 1995 Series 1995-C V9. No. 00-8751-Civil Daniel J. Freedman (Mortgagor only) Janice Freedman-Nell (Real Owner only) CUMBERLAND COUNTY VERIFICATION OF NON-MILITARY SERVICE JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendants are 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 Act of Congress of 1940, as amended. (b) that defendant Daniel J. Freedman (Mortgagor only), is over 18 years of age, and resides at 4158 Kittatinny Drive,Mechanicsburg, PA 17050. (c) that defendant Janice Freedman-Nell (Real Owner only), is over 18 years of age, and resides at 703 Somerset Drive, Mechanicsburg, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. GOLDBECK, JR. for plaintiff March 7, 2001 J~_.ilfl~.{J t" "1.~.mmm~Il!jj}~~Ot"fU~8~_<it''l\\,''h;$!I#'~,~;~~tlMi.'jr~. "~^'-- \- ""~ .-, 'Jlf~';' 0 ',o:_~ I,.. -,.- ~, -," ,,"~..d .",''- '""N~ n 0 q ~ ~-~ :x z~ '''--i "" fl~ :r: -;Q CI.l5; I -Tl"m u:> -~O ,~-~~ i5J :;:::CJ " -to ;:1;::f! ~O :x CJ.-- 0 ~ z.c;> c- am z Ul ~ =< Ul -< y-^"""'" ""I. -1;',-- -.,' e." ... '~" ~ . , The Bank of Pooling and of November New York as Trustee Under the Servicing Agreement dated as 30, 1995 Series 1995-C Plaintiff CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION Vs. Daniel J. Freedman (Mortgagor only) Janice Freedman-Nell (Real Owner only) Defendant(s) NO. 00-8751-Civil AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York as Trustee Under the Pooling and Servicing Agreement dated as of November 30. 1995 Series 1995-C, Plaintiff in the above action, by its attorney, Joseph 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 703 Somerset Drive. Mechanicsburg. PA 17055. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Janice Freedman-Nell (Real Owner only) 703 Somerset Drive Mechanicsburg. PA 17050 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Daniel J. Freedman (Mortgagor only) 4158 Kittatinny Drive Mechanicsburg. PA 17050 Janice Freedman-Nell (Real Owner only) 703 Somerset Drive Mechanicsburg. PA 17050 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) None 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) None ,'"".-J=_, _ - I.;', '- .'"'. " '" '"'.iL! I r 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) HQne 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Cumberland County Dapt. of Domestic Relations P.O. Box 320 Carli~le. PA 17013 Pa Dept. of public Welfare Bureau of Child S~port Enforcement Health and Welfare Bldg. Room 432 P.O. Box 2675 Harrisburg. PA 17105 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) HQne 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 subject to the penalties of 18 Pa. C.S. #4904 relating to unsworn fals~fication to authorities. March 7, 2001 . Goldbeck, Jr. for Plaintiff ,~~ L, -liIiti[,lb!~~~liltini&tg,k':mtl!;:k~;j,>-m'-!-l'jl&>",'~~~L ~~,.. 1-. _ , , , ~,_~,~ -" - . ~ ,. " '" ~ 0 ~ ~t.rJ :J: ~-, rn ;I> ::r::n ~.::t' :::0 fl1 .r- s;: I :grn ~"7 '.0 ("6 r-:'''-- ;;:::0 -0 ;~r~f ~o ::r B--H 5>~ ~ zO om ~ OJ 'j;! U'l ~ "~ .,. ~, "- . ,-"I; ..-="- ~ H.! ~~'l'-j"i 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 (2J t:;) 627-132? ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS The Bank of New York as Trustee Under the pooling and Servicing Agreement dated as of November 30, 1995 Series 1995-C Vs. CUMBERLAND COUNTY CIVIL DIVISION NO. 00-8751-civil Daniel J. Freedman (Mortgagor only) Janice Freedman-Nell (Real Owner only) CERTIFTC-ATION JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby states that he is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA Mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. ""_' "k.......i1i"_.,_......""',,",'''*"'#.A,''__<.~' -~"lIlf' _"= ,__^".,.". _""L~.',<_"~ >.,~~=,__, c-. , . -, '.,;;.' ~', - c",< ..., '" 'I I I ., ~ 0 ~ "Om :Jl: ::;::1 mrr\ > ~::D ;:0 fr"1t2: CI:)~ I -t,ti'1l \.D :']~ ~6 0, ;< " ::oJ.!?, ~8 ' . ::E: 5:!J ;S;. ~ "'7',(') ~ om -I U1 )> (J) ;;0 -< :."<- ~ -- .1:.: .- ~ , , ~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) 627-1 'l2? ATTORNEY FOR PLAINTIFF The Bank of New York as Trustee Under the Pooling and Servicing Agreement dated as of November 30, 1995 Series 1995-C Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs" Daniel J. Freedman (Mortgagor only) Janice Freedman-Nell (Real Owner only) Defendant(s) NO.00-8751-Civi1 NOTIr.E OF SHERIFF'S SALE OF REAr, ESTATE TO: Daniel J. Freedman (Mortgagor only) 4158 Kittatinny Drive Mechanicsburg, PA 17050 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 703 Somerset Drive. MechanicRburg. PA 17055. is scheduled to be sold at the Sheriff's Sale on ~une 6. 2001 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 200 Floor, Carlisle, PA 17013 to enforce the court judgment of S92.918.08 obtained by The Bank of New York as Trustee Under the Pooling and Servicing Agreement dated as of November 30. 1995 Series 1Q95-C (the mortgagee) 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 the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (21") 627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. ~ioo..... u - -," " -<,:~.;,'~ ) , 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 on page two 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 TAKE PLACE. 1. If the Sheriff's Sale sold to the highest bidder. calling (215) h27-1322 is not stopped, your property will be You may find out the price bid by 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's office at (717) 240-h390" 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 the 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 this 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within 30 days of the 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 posting of the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your home 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 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 1~ ~ , ,- ll.ii~~~t~~_~~l~""jJ".io;;,ilN:~M!",i!':w,L~~}~ll T~f~ 1~~" ,_," ,~ ,"' '" ~.,.. , ~" , " ..",~.,.,., .", - ',',_ v-- ~-'-- ~~~. ~, -~, ."..1. '~] t , (') <:::> ~ 0 ::J:: -rl le _.~J ",. ',- ;U ,::f7;f] I :;;;m ~6 to ,,')9 <'- ~ l8 ~ :r!~ o:r/ i5? iSf;1 ~ en ~ Ul :J;) -< ., ~ ~ The Bank: of New York as Trustee Under the Pooling and Servicing Agreement Dated as of November 30,1995 Series 1995-C VS Daniel 1. Freedman (Mortgagor only) Janice Freedman-Nell (Real Owner only) , ~li' I -.' -"",. . , ~, - ,=,L ,,1.Ini In the Court of Common Pleas of Cwnberland County, Pennsylvania No.2000-8751 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law says this writ, is returned Stayed. Sheriff s Costs: Docketing Poundage Posting Bills Advertising Law Library County Mileage Levy Certified Mail Surcharge Postpone Sale Patriot News Share of Bills Sworn and subscribed to before me This .s<6;tay oq .. . . 2001,A.D. Q-;t' O~~ o onotary 30.00 1898.45 15.00 15.00 .50 1.00 13.64 15.00 1.06 30.00 20.00 69.98 ~ $2,134.72 paid by attorney 6-4-0 I So~~> ~ ,....,.~?(?''''' R. Thomas Kline, Sheriff BY ~~~ r (1) ).":l Ck 315'(,,) i2<.v- /1;( ,,9 (. ;. ~~ ~,~" 1 , ,~ "I. ".,:;j , - j The Bank of pooling and of November New York as Trustee Under the Servicing Agreement dated as 30, 1995 Series 1995-C Plaintiff CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION Vs. Daniel J. Freedman (Mortgagor only) Janice Freedman-Nell (Real Owner only) Defendant(s) NO. 00-875l-Civil AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York as Trustee Under the Pooling and Servicing Agre~ment dated as of November 30. 1995 Series 1995-C, Plaintiff in the above action, by its attorney, Joseph 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 703 Samerset Drive. Mechanicsburg. PA 17055. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) JaniCA Freenm~n-Nell (Real Owner only) 703 Somerset Drive Mechanicsburg. PA 17050 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Daniel J. Freedman (Mortga.g:or only) 4158 Kittatin~ Drive Mechanicsburg. PA 17050 JanicA Freedman-Nell (Real Owner only) 703 Somerset Drive Mechanicsburg. PA 17050 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) HQne 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address ascertained, please cannot be reasonably so indicate) \ HQne .;' 'L =~....=.- ...>- ~:! --I , .. J 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) ~'mberland County Dept. of Domestic Relations P.O. Box 320 Carlisle. PA 17013 Pa D~t. of Public Welfare Bureau of Child Sqpport Enforcement Health and Welfare Blqg. Room 432 P.O. Box 2675 Harrisburg. PA 17105 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) None 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 subject to the penalties of 18 Pa. C.S. #4904 relating to unsworn falsification to authorities. March 7, 2001 . Goldbeck, Jr. for Plaintiff - -~ ~-- --.,"" ~ - I , ,-' ;;;".'1' : .03/12/2001 15:55 FAX 215 627 7734 GOLDBECK . .. I4J 008 ~OLDB. ;CK McCAFFERTY & McKEEVER By: J,)seph A. Goldbeck, Jr. Attor-ley I.D, #16132 Suite 500 - The Bourse Bldg. 111 S Independence Mall East Phil a, lelphia, PA 19106 (?1C;1 h::17-1<::1:2 ATTORNEY FOR PLAINTIFF The B, lIlk of New York as Trustee Under the Poolillg and servicing Agreement dated as of No' 'ember 30, 1995 Series 1995-C Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. Danie:. J. Freedman (Mortgagor only) Janicll Freedman-Nell (Real Owner only) Defendant(s} : NO.00-8751-Civil NOTTeR OF !'iHR1HFF'!'i SAT,F. OF RF.AL ESTATF: TO: ,ranice F:reedman-Nell (Real Owner only) '03 Somerset Drive llechanicsburg, PA 17050 "HIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A llEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT : 'URPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN ]~KRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO J IE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF i, LIEN AGAINST PROPERTY. : .our house (real estate) at 703 Snm"'T.."t: Driv". Mechal icsburg. PA 17055. is scheduled to be sold at the Sheriff's Sale en Jun" h. 2001 at 10:00 a.m., in Cumberland County, Cumbelland County Courthouse, Commissioners Hearing Room, 2'. Floor, Carlisle, PA 17013 to enforce the court judgment of S92.9lJL..ll.B. obtained by Th.. Il""" of New York a" Tr.""t:"" lJnd~r th~ Pooli!g and ~~Tv;~;ng ~grA~mAnt dated aR nT Nnv~mhAr 3aw 1995 Serie. J995-C (the mortgagee) against you. NOTICE OF DWNRR'~ RT~RT~ YOU MAY BE ABLE TO PRF.V'F.N'T TRTS SHERIFF'S SALF. :0 prevent this Sheriff's Sale, you must take immediate actiol : 4. :he sale will be cancelled if you pay to the mortgagee the lack payments, lat~ charges, costs and reasonable attorneys lees due. To find out how much you must pay, you may call: .! 21 'i) 627-1322 5. lOU may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment ~as improperly entered. You may also ask the Court to Eostpone the sale for good cause, 6. lOU may also be able to stop the sale through other legal E roceedings . MAR 122001 15:07 2:5 527 7734 PAGE.OB --. " ... .w - - L - .1 {'-';-':i 03/12/2001 15:55 FAX 215 627 7734 , GOLDBECK D, .,.,. @009 {ou may need an attorney to assert your rights. The sooner you c,ntact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU M ~Y STILL BE AST.R TO F:ll.VF. YOUR PROPERTY ANTI YCUJ HAVE OTHER RIGHT; EVEN IF 'l'HF. Fl'RRRTFF' Fl SALE DOES TAiCR PI,ACE. 1. If the Sheriff's Sale sold ;0 the highest bidder. calli 19 (21~) F;?7-1122 2. 'ou may be able to petition the Court to set aside the sale if th~ bid price was grossly inadequate compared to the value of your . lroperty. is not stopped, your property will be You may find out the price bid by 3. . :he sale will go through only if the buyer pays the Sheriff the f.lll amount due in the sale. To find out if this has happe:led, you may call the Sheriff's office at (7171 240-F;190 4. :f the amount due from the Buyer is not paid to the Sheriff, you w.ll remain the owner of the property as if the sale never happe: led. 5. . ~ou have the right to remain in the property until the full amouni due is paid to the Sheriff and the Sheriff gives a deed to the b\yer. At this time, the buyer may bring legal proceedings to evict you. 6. . 'ou may be entitled to a share of the money which was paid for ycur house. A proposed schedule of distribution of the money bid fer your house will be prepared by the Sheriff within 30 days of the Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedlle unless exceptions (reasons why the proposed distribution is wreng) are filed with the Sheriff within ten (10) days after the pesting of the Schedule of Distribution. 7. ~ou may also have other rights and defenses, or ways of gettirg your home baCK, if you act immediately after the sale. YOU S}OULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE J LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTEI BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. a Irvine Row Carlisle, PA 17103 (717) 243-9400 MAR 12 2001 15: 08 . 215 527 7734 PAGE. laB .~~. -~ ,~ . "' .. ' J~~ " ~ " I 03/12/2001 15:56 FAX 215 627 7734 GOLDBECK ~'. - ~010 . GOlDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Att~rney I,D. #16132 Suite 500-The Bourse Bldg. 111 S, Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIF COURT OF COMMON PLEAS The Bank of New York as Trustee Under the Pooling and Servicing Agreement dat,d as of November 30. 1995 Series 1995-C Va. CUMBERLAND COUNTY CIVIL DIVISION NO. 00-8751-Civil Dantel J. Freedman (Mortgagor only) JanLce Freedman-Nell (Real Owner only) ALL THAT CERTAIN tract or parcel of land and premises situate lyi1g and being in the Borough of Mechanicsburg in the County of CUl1l)erland and Commonwealth of Pennsylvania, more particularly des:ribed as follows: BEG[NNING at a point on the northern line of Somerset Drive said poi1t being at the dividing line between Lots Nos. 9 and 10 Blo:k "C" on the hereinafter mentioned Plan of Lots, thence alo1g said northern line of Somerset Drive north 67 degrees 47 minltes east sixty-four and fifty-five hundredths (64,55) feet to . point; thence continuing along same on a curve on the left havLng a radius of one hundred twenty-five (125.0) feet an arc lenjthof one hundred fifteen and forty-five hundredths (115.45) fee; to a point on the dividing line between Lots No. 10 and 11 Blo:k "C" thence along said dividing line north 83 degrees 14 minltes 30 seconds west one hundred fourteen and thirty huniredths (114.30) feet to a point; thence south 67 degrees 47 minltes west sixty-four and twenty-eight hundredths (64,28) feet to l point on the dividing line between Lots No. 9 and 10 Block "C" on the hereinafter mentioned Plan of Lots; thence along said divLding line south 22 degrees 12 minutes east one hundred five (10;.0) feet to a point on the northern line of Somerset Drive sail point being at the dividing line between Lot Nos. 9 and 10 Blo:k "C" the place of BEGINNING Bei1g known as 703 Somerset Drive, Mechanicsburg, FA 17055 Tax Parcel #17-24-0789-348 ",',.. MAR 12 2001 16:08 215 627 7734 PAGE. 10 . Iffi .,~~ ~~-~ IL I .,-1, .,_>_ 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) 627-1 ::l22 ATTORNEY FOR PLAINTIFF The Bank of New York as Trustee Under the Pooling and Servicing Agreement dated as of November 30, 1995 Series 1995-C Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. Daniel J. Freedman (Mortgagor only) Janice Freedman-Nell (Real Owner only) Defendant(s) NO.00-8751-Civil NOTICE OF SHERIFF'S SAT,E OF REAL ESTATE TO: Daniel J. Freedman (Mortgagor only) 4158 Kittatinny Drive Mecbanicsburg, PA 17050 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 703 Somerset Drive. Mechanic~burg. PA 17055. is scheduled to be sold at the Sheriff's Sale on ,Tune 6. 2001 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013 to enforce the court judgment of $92.918.08 obtained by The Bank of New York as Trustee Under the Pooling ~nd Servicing Agreement dated as of November 30. 1995 Series 1Q95-C (the mortgagee) 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: 4. The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: 121<;) 627-1322 5. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 6. You may also be able to stop the sale through other legal proceedings. - ~i , .11 t .r . - 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 on page two 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 TAKE PLACE. 1. If the Sheriff's Sale sold to the highest bidder. calling (/.1~) 6/.7-11/.2 is not stopped, your property will be You may find out the price bid by 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's office at (7J7) 240-6190 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 the 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 this 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within 30 days of the 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 posting of the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your home 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 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 L , ,,-I ^"""'_"; 1'; ,_ -l .~". .' . ~ 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 PLAINTIF COURT OF COMMON PLEAS The Bank of New York as Trustee Under the Pooling and Servicing Agreement dated as of November 30, 1995 Series 1995-C Vs. CUMBERLAND COUNTY CIVIL DIVISION NO. 00-8751-Civil Daniel J. Freedman (Mortgagor only) Janice Freedman-Nell (Real Owner only) ALL THAT CERTAIN tract or parcel of land and premises situate lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern line of Somerset Drive said point being at the dividing line between Lots Nos. 9 and 10 Block "C" on the hereinafter mentioned Plan of Lots, thence along said northern line of Somerset Drive north 67 degrees 47 minutes east sixty-four and fifty-five hundredths (64.55) feet to a point; thence continuing along same on a curve on the left having a radius of one hundred twenty-five (125.0) feet an arc length of one hundred fifteen and forty-five hundredths (115.45) feet to a point on the dividing line between Lots No. 10 and 11 Block "C" thence along said dividing line north 83 degrees 14 minutes 30 seconds west one hundred fourteen and thirty hundredths (114.30) feet to a point; thence south 67 degrees 47 minutes west sixty-four and twenty-eight hundredths (64.28) feet to a point on the dividing line between Lots No. 9 and 10 Block "C" on the hereinafter mentioned Plan of Lots; thence along said dividing line south 22 degrees 12 minutes east one hundred five (105.0) feet to a point on the northern line of Somerset Drive said point being at the dividing line between Lot Nos. 9 and 10 Block "C" the place of BEGINNING Being known as 703 Somerset Drive, Mechanicsburg, PA 17055 Tax Parcel #17-24-0789-348 ~, ~. ~ _ J ~ " '"'O-(_L '\i;;o. \ , . WRIT OF .EXECUTION and/or ATTACHMENT ~"';. i", ".'-' t""~ '.i ' )-1 -""'i'}~ COMM~IhEAtTH'bF PI=NNS'vh~ANIAr'1.;;~H NO. 00-8751 CIVIL 1ScTfmr COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due COUNTY: The Bank of New York as trustee under the Pooling and servicing Agreement dated a~ of November 30. 1995 Series 1995-C PLAINTIFF(S) fromn"niE'l .T F'r....n=n (mt)rl-g"gnr nnly) .T"ni..... F'rE'l!)m"n- NP11 (R.."l OWTl..r only) DEFENDANT(S) (1) You are directed to levy uPQ~phe property of the defendant(s) and to sell See Attached Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to nomy the garnishee(s) that: (a) an attachrnent has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subjectto attachment is found in the possession of anyoneother than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $97..918.08 from 3/7/01 to sale dateoat $15.27 Interest Per diem Atty's Comm % Atty Paid 5121.58 Plaintiff Paid L.L. . 50~ Due Prothy $1. 00 Other Costs by: Date: 'vT"r...h g r ?00l REQUESTING PARTY: Name ,To""ph A. C..o1ilh..c:k. ,Jr. R"rJPir.. Address: 111!'; Tnn"p"nn..n..." M"l1 R""t- !';l1ir.. "on - 'T'h.. Rol1r"" Rlng ; philadelphia, PA 19106 Attorney for:. Pl "i nH ff Telephone: (?1") h ?7-1 ,?? Supreme Court ID No. ;o'd- ,I-~-" -:';~lildllliilii'''''':'-.*ijj .',:",'-'., iI;'-:'-;'i~ifiisi.:L;i'-,"i'(lf,i-'-":""'i""'n'" ."'-U-"-' .--' , .~., " '., ,~ , ,.- ,.""" '.'1 I I I' l ~1 ;} , . RtA[ EST ATE SALE N~. ;<3 v"lYl~lA \ ~ ('lDO \ the sneritllevied l.!pon the Oefenoaf. . interest in the real property situated in ~6nJ( Jd'k a~ (VlH)illilJJl~:J tJumberland County, Pa., known and numbered as: 103 ,\mlofllli Jl0)/~ 1fle1!J1.M1cF:htlf},and more fully1escribed on Exhibit "A" flied with this writ and by this reference incorporated herein. By 2':;t~s~ Oate:71CUtC~ 1.1: $X) / tlW) c:viI c:;;'\) c;::::t 8i) IMI VI 't~^lA S N N}jel 'I 'C'I"ll.I,.,,;., :::J 1~.'!j _-1 v tJ 101 I'J 5E I ZIHvU ~~filYWg Hf jti'iil1~~@ ._~. ~L~,^ ,~".._ _ ~,~ ". ri'_~___" _ ,_. ~,__ "-,." .~ ~ , ",.. '. ,,' "'" J ~. , . GOLDBECK, McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 30, 1995 SERIES 1995-C c/o Rosicki Rosicki & Associates P.C. One Old Country Road, Suite 429 Carle Place, NY 11514 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Term No. 00-8751 vs. DANIEL J. FREEDMAN (Mortgagor (s) ) JANICE FREEDMAN NELL (Record Owner (s) ) 703 Somerset Drive Mechanicsburg, PA 17055 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. ' !~iL,,",.lM!iJM11,'M~"I1i-->~m,,",~~~~1ffili:l11:;~~'k::;,"!f4i~i;EdI3~1,~'3En~,_~~IIi'iilVliliiii.Ilii~;j"'~l ,._, .M~',"" _". ~_'_"-""'""'-"'.' 0_, "",,'''';~', ~ "" "'" ,- .". ,- :. , ,-~'" - '''' -,.".'-. ,","," , ." , ~". "lIii "~-- mn II VlliJl - .~ I ,. f ~ , 0 0 0 c: W -n ? "'" :;:;1 "'Oi)1 c:: ;.,:,'-n mr"t": ;;-) "i1F Z:T' zr-- 1 -!'7m Oi~?; .t:"" c'9 "" c ~j ~'~i --~IO ""l:J ---,-"!i ~C) -,"'::---n ':.-_~C) ;;.C; -:.u ;~m c::- ::::, z ~" )> :(l <0 ~ '" .J. ~, , ~~- ' ~-,-~., . " -~I" ~ GOLDBECK, McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 30, 1995 SERIES 1995-C c/o Rosicki Rosicki & Associates P.C. One Old Country Road, Suite 429 Carle Place, NY 11514 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Term No. 00-8751 vs. DANIEL J. FREEDMAN (Mortgagor(s) ) JANICE FREEDMAN NELL (Reco~d Owner (s) ) 703 Somerset Drive Mechanicsburg, PA 17055 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate the judgment upon payment of your costs only. JOSEPH A. '~,~' ~ J ~~, ~~~li~jj~~~"lliililti~:!"~~~llil~f'l1~4'~\fk~l;'!.li'J!l"'i;!f;~riii'l!IIH~~~~BEliill71 ~"~.,';;""'-"- 0/ .':fiIi!Irrn" ~"""" ~ !Il.1iI - ;i 't 'I ., :i " ',I [I 1'1 Ii " !I :1 ~ i Ii fj !I 'I 'i Ii II il I I 'I I f:.J i ~ \t:- . 8 - C'> 0 0 ..c: ~ c W -n r <" ~ () -UlT 0 mn Gi ::D ..J z::r; ?! 2-- I ~'1 \11 ~ ~~2; .. dili D:2 r.:::c., -D' :;>C' :;;.: kcS W ;-:-;:;;:1"11 -1:" J>C 0 ~ N ;;! \0 ~ ,~~ "." ~~~~ L ",,~ -~ ~ ,=",~ "::