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Home My WebLink About01-03393 ~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO, 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAmTIFF COURT OF COMMON PLEAS CNIL DNISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, me. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 TERM Plaintiff NO, D/ - 3.39-3 Cu;CT~ v. CUMBERLAND COUNTY KENNETH R, PECK, AlKJA KENNETH PECK KATERRA L PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY, ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 505003014INXW . '~-.'- ,., ,.7.', '_-f,_':~__'_ . .'_';if -. '=-,;,,"-Y",_ f. '"'1 <"- ,., ,< -" - '-'" ,~~""'; IF TIDS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. -c!;, ,'- "0' ,<. _, .. ". ,'to," ~_'"'_'i'_~,Tr J _~<", ,-o^ ','" ",."." _ _ , =-. ,,- '" 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2, Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: 3. The name(s) and last known addressees) of the Defendant(s) are: KENNETH R. PECK, NKJA KENNETH PECK KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 who islare the mortgagor(s) and real owner(s) of the property hereinafter described, 4, On 7/23/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1396, Page 641. By Assignment of Mortgage recorded 10/7/97 the mortgage was assigned to SOURCE ONE MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book No, 559, Page 71, By Assignment of Mortgage recorded 6/13/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No, 646, Page 498, 5, The premises subject to said mortgage is described as attached, 6, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith, A copy of such notice is attached as Exhibit "A," -Gt: ,~,~. ". " "'-"- p " t ,,~ " Y.' "[ .~"~ "'( " 7, The following amounts are due on the mortgage: Principal Balance Interest 6/1/00 through 5/1/01 (Per Diem $17.23) Attorney's Fees Cumulative Late Charges 7/23/97 to 5/1/01 Cost of Suit and Title Search Subtotal $83,863,50 5,772.05 4,000.00 433.56 750,00 $94,819,11 Escrow Credit Deficit Subtotal TOTAL 454.20 0,00 ($ 454.20) $94,364,91 8, 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 10, The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S, ~1680A03c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A," II, The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii,) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant( s) in the sum of $94,164,91, together with interest from 5/1/01 at the rate of$17.23 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~r~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff I\'W, __ ~'. -- 'r ..:e,""_. "' ., " 1"="'-' ;", "~_ A ~ , ., "&' ern mortgage" citiMortgage, Inc. Z9:&]i~IYdI;ligw" Ro"d Farmington Hills, MI 48J3q-)J'i~ CitiMortgage, Inc. 27555 Farmington Road Farmington Hills MI 48334-3357 1-800-366-3003 SEPTEMBER 5, 2000 KENNETH R PECK 314 ZION RD MT HOLLY SPGS PA 17065-0000 PROPERTY ADDRESS RE: Loan No. : 50500301-4 314 ZION RD MT HOLLY SPGS PA 17065-0000 Creditor: CitiMortgage, Inc. Dear KENNETH R PECK ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S 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 and address and phone number of the Consumer Credit Counseling Agency serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION tNMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO E:)(~IE3llf ~ "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CULA PUEDE S,",II.AA~Inl;;llt~bJ,A,f,i:8;Q~Jl~e ;Q~R9/;fJjnA-lI<<mJ;.l\ij:'iv.SU HI POTECA . A membero! cltlgroup'1' . '.,.. ~'" .fHlIII1ER~ .~(;\~IH~ )J, M~tlmtR P,ECK em mortgage'" CitiMortgage, Inc. Z9W1l1S81141;ygwn Rood Farmington Hill-.. NIl 48.n.I-5Y;- CitiMortgage, Inc. 27555 Farmington Road Farmington Hills MI 48334-3357 1-800-366-3003 SEPTEMBER 5, 2000 KATERRA L PECK 314 ZION RD MT HOLLY SPGS PA 17065-0000 PROPERTY ADDRESS RE: Loan No. : 50500301-4 314 ZION RD MT HOLLY SPGS PA 17065-0000 Creditor: CitiMortgage, Inc, Dear KATERRA L PECK ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S 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 and address and phone number of the Consumer Credit Counseling Agency serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. Vou may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI,NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA E:){~I~'1r J\ (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CULA PUEDE SAlitVARtg:iV ldaASA b"'A"P:liEJl~~, nERECH8I1l\NIi!IBl\UI41&'vSU HI POTECA . Amemberofc'l,group"j' "'~"_,~T, mIl!l~cW~JJW1ff(S~.',fAT~RRA L PECK cffimortgage'," , OtiRRfiHTg~~DttR/SERVICER: CitiMortgage, Inc. 27555 Farmington Road DEIj:R1!9uo'1li!i~ MI48334-33J7 EXH\B\" " CitiMongage, Inc. does business as Citicorp Mortgage in AZ, LA, MY, NM, PA and wv. A memberof CltlgroupJ '::".'1. O~ '<'.:""'1"-"--_.' _ ~.__ , 0 .". Your mortgage is in default for the reasons set forth in this Notice (see the following pages for specific information about the nature of your default,) If you have tried and are unable to resolve this problem with the lender, 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 counselin~ 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 Agency. Your application MUST be filed ,J~Jtj,U,,,,,n\~;, ~~~lIJ'r ::".l!lil i!i~ rJi!ffi HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND 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 CIRCUMSTANNCES 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 IIface-to-face" meeting with one of the Consumer credit counseling agencies listed at the end of the 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 CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCY--If you meet with one of the Consumer credi t counseling agencies listed at the end of this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names and addresses and phone numbers of the designated Consumer credit counseling agencies for the county in which the property is located are set forth at the end of this notice, It is only necessary to schedule one "face-to-face" meeting. Advise your cr-editor immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE or postmarked within thirty (30) days of your to the Pennsylvania Housing Finance EXHIBIT A ,n'f,~ ~ MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR 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. It is extremely important that your application is accurate and complete in every respect. decision The Pennsylvania Housing Agency has sixty (60) days to make a after it DELR190 02IA -;",-~ , "--""'"~_~")~"'!,,""'__L~ , , . EXHIBIT A 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 regarding your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT, (If you have filed a bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 314 ZION RD MT HOLLY SPGS PA 17065-0000 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS: The following amount are now past due: 3PAYMENTS FOR 7/01/00 THROUGH 9/01/00 @ 763.00 EACH = $ 2289.00 OPAYMENTS FOR THROUGH @ 763.00 EACH = $ 0.00 2LATE CHARGES FOR 7/01/00 THROUGH 8/01/00 @ 30.52 EACH = $ 61.04 OLATE CHARGES FOR THROUGH @ 0.00 EACH = $ 0.00 LATE CHARGES DUE PRIOR TO DEFAULT DATE.. ....., ......." ,.... $ 171.90 ALLOWABLE FEES AND COSTS (IF ANY)...,..,.. ....." ... ..,. ...... $ 8.75 SUSPENSE FUNDS BALANCE CREDIT (IF ANY). ....... ....... .... .... $ 150.13 TOTAL AMOUNT PAST DUETOTAL ."""...."..."",,. $ 2380.56 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): 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 $ 2380.56, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: CitiMortgage, Inc. at 27555 Farmington Road ,Farmington Hills MI 48334-3357. You can cure any (30) DAYS of the date of this other default by taking the following action within THIRTY letter. defaul t wi thin THIRTY EXHIBIT A i, i i i'''ft~ '_,,",,"" ~,_ IF YOU DO NOT CURE THE DEFAULT--If you do not cure the (30) " Dn~lli. t~II,~]tll t1t,tlli L~l:lti~ +R~ J ~r<l~r.~ j IJhJ;l'il; +rr ~Y~rci~~ ;t~ riah+s to .' due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. DELRl90 021A 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 creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney 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 fees actually incurred by the creditor even if they exceed $50.00. Any attorney fees will be added to the amount you owe the creditor, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY PERIOD, you will not be required to pay the attorney fees, OTHER CREDITOR REMEDIES -- The lender may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge ~n a Bankruptcy proceeding. In that circumstance, suit will be for the property only. RIGHT TO CURE THE DEFAULT PRIOR TO THE 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 any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale specified in writing by the lender and by performing any other requirements under the mortgage. CURING YOUR DEFAULT IN THE MATTER SET FORTH IN THIS NOTICE WILL RESTORE YOUR MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED. EARLIEST POSSIBLE SHERIFF S SALE DATE -- date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice, sale will be sent to you before the sale. increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. It is estimated that the earliest A Notice of the actual date of the Sheriff s Of course, the'amount needed to cure the default will ~" ~ HOW TO CONTACT THE LENDER ,~lI\llI11"Iil4,CrJf!\:lt~' ri t;Ill!I;:~RiilJ'A " ~HIBrr A Ipc , , Contact Person: loan Counselor EFFECT OF THE SHERIFF S SALE -- You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- Your loan mayor may not be assumable, please contact: CitiMortgage, Inc. DELR190 02lA YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS 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 BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED HERETO Sincerely, Collection Department If you have previously received a Chapter 7 discharge in bankruptcy, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. EXHIBIT A ""~",,~, ",'. _ _,_. ~,"". ',~= " ~ ~ .< ',' '0 ",~ ~_., '." -- ~- PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAI\<I CONSUMER CREDIT COUNSELING AGENCIES (REV, 8/00) CLINTON COUNTY Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport, P A 17703 (570) 326-0587 FAX (570) 322-2197 eees of Northeastern PA 1631 South Athenan St, Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 cees of Northeastern PA 20 ( Basin Street Williamsport, PA 17703 (570)323-6627 FAX (570) 323-6626 COLU:I<IBIA COL'NTY 1400 Abington Executive Park Suite t C1arks Summit PA 18411 (570) 587-9163 or (800) 922-9537 FA-X (570) 587.9134-9135 31 W. Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity ofLuzeme County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822.0359 FAX (570) 829.1665-{Cal1 Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-5631-{Call Before Faxing) (570)836-4090 Tunkhannock CRAWFORD COIiNTY Booker T. Washington Center 1720 Holland Center Erie, P A 16503 (814)453-5744 FAX (814) 5749 Greater Erie Community Action Committee 18 West 9llt Street Erie, PA 16501 (814) 459-4581 FA-X (814) 456-0161 John F. Kennedy Center, Inc. 2021 East 20m Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 Shenango Valley Urban League, Inc. 60 lIndiana Avenue Farrell, PA 16121 (412) 981-5310 eccs of West em Pennsylvania., Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West 3rd Street Waynesborn, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N.6lbStreet Harrisburg. PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 30 I "G" Street Carlisle, PA 17013 . (717) 243-381a FA-X (717)731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, ?A 17104 (717)232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle Sc Gettysburg, P A 17325 (717) 334-1518 FA-X 334-8326 PENNSYL VANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 EXH\B\T A ;,,; " , AU THAT CERTAIN lract of land situated in South Middleton Township. Cumberland County, PennsylVllnia, bounded and described in accordance with a survey by Roy M, Benjamin. R..S" dated May 24. 1971. i' BEGINNING"at '! point On the east side ofTownship Road 520, said point being 1056 feet south of the inicrscctiori of Legislative Route 21008; thence along an unnamed alley, South 78 degrees 50 inintileS ,Eas( 180 feet to 'a point at land. now or formerly of Harvey Slane; thence along lands now or fonnerly of Harvey Stone, South 11 degrees 10 mialltos West 80 feet to a point On the north side of anolher unnamed alley; thence along the north side of said alley North 78 degrees 50 minutes West 180 feet to a point on the east side of Township Road 520; thence along said Township Road. North II degrees 10 minutes East 80 feet to a point. the Place of BEGINNING."" , HA VING erected thereon a dwelling house known as and numbered 314 Zion Road, Mount Holly Springs, Pennsylvania 17065, BEING the sanie premises which Richard t. Shennan and Dorcas M, Shennan. hu..bnnd and wife. by deod dated July 2. 1971 and recorded July 2, 1971. in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania. in Deed Book "0", Volume 24. Page 977, granted and conveyed to Larry L. Lehman and Claudia J, Lehman. husband and wife. the OranlOls herein. :r 1- ~., ." ", '~'-_~_'-"":'-',T"',]"_-, ',- ,-- ',,~.~-<- . '-'-:w~.._- VERIFICATION MIKE FLORIAN hereby states that he is MANAGER ofCITIMORTGAGE, INe. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Veriflcation, and ,hat the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S, Sec, 4904 relating to unsworn falsification to authorities, DATE: ~?-S 10 \ ~,,-- > -~., " ,J Y,," ~" - "~"~~~ IIk.Ii . <, 1l (:) t "<l 1{ ~ ~ ~ ~S (;J 8 (") '::l 0 G 8 c ...... B ~ -0 ...j , [0 ....... ""Ow '- ,-, ~ 1I1 ~tn c-= -r I ~-" :;e:' r?i ::n c,., 25; .- ~ ;:p . -ofn t2 ~ <i.i ,. -. -:{)' -<~ ~O ~':-iC) r ~O J>o ;~ :;, ~ 't :r. ::70 >0 -- 15ITl C .'. ~ '::> ~ -..l -< nL ""O~ : 5:"1< . Z:. ;S i-n -I R> o :r \.etl r- -I, m: ~: : .' 0" VI ~ : :-i: . >~ ~. rri5 ~:O~ -... m' ,.. ""'1!m'iPi."",~~,~..<~,>,~;m!.[~,.."."",.~"_.t,(:[i1!',",.~,.,,^,,,~'~~m~~;!"'l;'l'i'''F'''W~''';%~'''';,,",+~~''".~'f'!!~~~*~"''!'f1''WI1;;;;;'~>f''"l\i~,!W!ll::ili!~IlllIi~~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03393 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS PECK KENNETH R ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT PECK KENNETH R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , PECK KENNETH R UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.55 .00 10.00 .00 32.55 ~~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 07/09/2001 Sworn and subscribed to before me ~ day of 1..) 11.lJ- 'ill~, ._ -''''-',-">!.?'', - .,.. '..~, '_I """""'~- ", , . SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03393 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS PECK KENNETH R ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT PECK KATERRA L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , PECK KATERRA L UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 S~~~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 00/00/0000 this /~ ~ ;ZOO I Sworn and subscribed to before me --- day of \ ) <<.ty A !-~'~~ " " .- - "' '-" ~ , "",-" ".. '__'.'C.' .-' FEDERMAN AND PHELAN, UP By: FRANK FEDERMAN, ESQUIRE lDENTfFIC A TION NO, 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAJl\T1FF COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, V A 22102 TERM Plaintiff v, NO, 6/- .J 29.3 C,()~l ~~ CUMBERLAND COUNTY KENNETH R. PECK, NKlA KENNETH PECK KATERRA L PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT MID ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAYE PREYIOCSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY, "" You have been sued in Court If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court WIthout further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Loan #: 505003014/NXW CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PAl 70 13 (717) 249-3166 TRUE COpy FROM RECORD 111 TIIei_1Y wtiSi~, I here unto set my iland r"~t:~,Car_.Pa.. "- ~ o~, n~=:Y~ Il6tIIy We hereby certify the within to be a true and correct copy of the originalftled of record FEDERMAN AND PHELAN :~~.~L,t -Y"_" ,,' "_" -.,<._" __-I _' T-- ,.,_", r '''''' "r~' , ," IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THA T: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE,IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NA1\1E AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. ;;\~_, -<-,,_ - -. '0. ~'_''''.'.",. "."'_ ". ~ ' ,~,- ~, 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, me. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2, Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: 3, The name(s) and last known addressees) of the Defendant(s) are: KENNETH R, PECK, A!KJ A KENNETH PECK KATERRA L PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 4, On 7/23/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1396, Page 641. By Assignment of Mortgage recorded 10/7/97 the mortgage was assigned to SOURCE ONE MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book No, 559, Page 71. By Assignment of Mortgage recorded 6/13/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No, 646, Page 498, 5, The premises subject to said mortgage is described as attached, 6, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith, A copy of such notice is attached as Exhibit "A." ':~',"~, . "..' - , ~--.- 'f,o _,1_' - ~':"~ ' "1 '.r., Th\..' fo!lu\l..-mg <lmOLlnts <lre due on the mong:Jgc' Principal Balance Interest 6il/00 through 511,0 I (Per Diem $17,23 ) Attorney's Fees Cumulati ve Late Charges 7/23/97 to 5/110 I Cost of Suit and Title Search Subtotal 583,863,50 5.7"72.05 4,000,00 433,56 750,00 $94,819,11 Escrow Credit Deficit Subtotal 454.20 0,00 ($ 45420) TOTAL $94,364,91 8, 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 9, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000,00, 10, The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P,S, ~ 1680A03c on the daters) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A," 1 L The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i,) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii,) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $94,164,91, together with interest from 511/01 at the rate of$17,23 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, /sl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '1j"r' , "',._-.,--~-,,-~_,.~"-~~, o. "'"."_- ^.._r ';1.'_'1 ern mortgage'" CitiMortgaqe, Inc. Z9.G'~1'3l3ifk8j~g["1l j{,l.lc: r.tfmi!lgt()1l Hi]!:', \1 ii"; ~ CitiMortgage, Inc. 27555 Farmington Road Farmington Hills MI 48334-3357 1-800-366-3003 SEPTEMBER 5, 2000 KENNETH R PECK 314 ZION RD MT HOLLY SPGS PA 17065-0000 PROPERTY ADDRESS RE: Loan No, : 50500301~4 314 ZION RD MT HOLLY SPGS PA 17065-0000 Creditor: CitiMortgageJ Inc. Dear KENNETH R PECK ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages, The HOMEOWNER'S 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 and address and phone number of the Consumer Credit Counseling Agency serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. Persons with impaired hearing can call (717) 780-1869, This Notice contains 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 wan~ to contact an 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 VIVIENDO ~N SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION tNMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CULA PUEDE S~lI.M~ln\;~bJ.;AeJ''!:8;1;\.t!IfMJl<i./.ge Q~R9!:I!lt1fN~RJ,\Wi-v.SU HIPOTECA. , -~ .- rF. "" ",.,..~, EXHIBIT A A memberof atlgrouPJ ; i""j(\~ '- - ~ em mortgage'" CitiMortgaqe. Inc. Z9llPB5611"""" ::", , ' 1":i ~ IT.: ~-, g;" I. :-: ,. CitiMortgage, Inc. 27555 Farmington Road Farmington Hills MI 48334-3357 1-800-366-3003 SEPTEMBER 5, 2000 KATERRA L PECK 314 ZION RD MT HOLLY SPGS PA 17065-0000 PROPERTY ADDRESS RE: Loan No, : 50500301-4 314 ZION RD MT HOLLY SPGS PA 17065-0000 Creditor: CitiMortgage, Inc. Dear KATERRA L PECK ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached p~ges. 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 and address and phone number of the Consumer Credit Counseling Agency serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397, Persons with impaired hearing can call (717) 780-1869, This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. Vou may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, sf.NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA E:)(~I~I1r ~ (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CULA PUEDE SAlidtoARtAtH~ b~Ad'E~/ilfgIgeo.EllECtlGl11l\N2EfI\l'JlId:lh'SU HIPOTECA. Amemberofclt,groupj" "1":)1 ~ ~,~," r " ~ ern mortgage'" ctlRR6:H'qilcji;NIlIi:R/SERVICER: Ci tiMortgage, Inc, 27')')') F3.rmingron Road DEli:Rlj9l{f(lrO~1~' .\11 "Iii) \+5 \~- E)C.H\B\1' A. CitiMongage. 10(;. does business as Cicicorp Mongage in AZ. LA. MT, NM. PA and WV. A member of crtlgroupJ :I~, .. '" '--. r ,~ ,,", " ,~ Your mortgage is in default for the reasons set forth in this Notice (see the following pages for specific information about the nature of your default,) If you have tried and are unable to resolve this problem with the lender, 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 counselin~ 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 Agency. Your "~"""c""'l",~J,"'f""'~ ~-rll~~Ll roi. i " HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND 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 CIRCUMSTANNCES 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 Noti.ce. During that time, you must arrange and attend a "face-to-face" meeting with one of the Consumer credit counseling agencies listed at the end of the 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 CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCY--If you meet with one of the Consumer credit counseling agencies listed at the end of this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names and addresses and phone numbers of the designated Consumer credit counseling agencies for the county in which the property is located are set forth at the end of this notice. It is only necessary to schedule one "face-to-face" meeting. Advise your creditor immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE ["':~: 'lnl iiliiin''\: -~ 'f~n'R to the Pennsylvania Housing Finance J:XHIB1T A ~I Jnit~kl ~L'~t ~-- . MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR ASSISTANCE WILL BE DENIED, AGENCY ACTION--Available funds for emergency mortgage assistance are very limi ted, They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. decision DELR190 02lA '0",0< "' _roc' "",' The Pennsylvania Housing Agency has sixty (60) days to make a after it . . - ,. -, ~- , -t ~, " EXHIBIT A 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 regarding your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT, (If you have filed a bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DErAULT--The MORTGAGE debt held by the above lender on your property located at: 314 ZION RD MT HOLLY SPGS PA 17065-0000 IS SERIOUSLY IN D~FAULT because: A, YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS: The following amount ar~ now past due: 3PAYMENTS FOR 7/01/00 THROUGH 9/01/00 @ 763,00 EACH = $ 2289.00 OPAYMENTS FOR THROUGH @ 763.00 EACH = $ 0.00 2LATE CHARGES FOR 7/01/00 THROUGH 8/01/00 @ 30.52 EACH = $ 61.04 OLATE CHARGES FOR THROUGH @ 0.00 EACH = $ 0.00 LATE CHARGES DUE PRIOR TO DEFAULT DATE.....," ..., ...", .... $ 171.90 ALLOWABLE FEES AND COSTS (IF ANy),"'.."'."'.."'.............,. $ 8,75 SUSPENSE FUNDS BALANCE CREDIT (IF ANy),....,...............,. $ 150.13 TOTAL AMOUNT PAST DUETOTAL ,.",.,.",..."",..., $ 2380.56 B, YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this hotice 8Y PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2380,56, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY DAY PERIOD, Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: CitiMortgage, Inc, at 27555' Farmington Road ,Farmington Hills MI 48334-3357. . . Vou can Cure any (30) DAYS of the date of this other default by taking the following action within THIRTY letter. cure the default wi thin THIRTY EXHIBIT A <,' ,r-,-',_o IF YOU DO NOT CURE THE DEFAULT--If you do not l"~[1V, "~""'.",_ ,~.- -1- due immediately and you may lose the chance to pay the mortgage in monthly installments. I~ full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. DELRl90 02lA 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 creditor begins legal proceedings against you, you will still be required to pay the rensonable attorney' fees that were actually incurred up to $50,00, However, if legal proc~edings are started against you, you will have to pay all reasonable attorney fees actually incurred by the creditor even if they exceed $50.00, Any attorney fees will be added to the amount you owe the creditor, which may also include other reasonable costs. If you cure th~ default within the THIRTY (30) DAY PERIOD, you will not be required to pay the attorney fees, OTHER CREDITOR REMEDIES -- The lender may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a di$charge in a Bankruptcy proceeding. In that circumstance, suit will be for the property only, RIGHT TO CURE THE DEFAULT PRIOR TO THE 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 any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale specified in writing by the lender and by performing any other requirements under the mortgage. CURING YOUR DEFAULT IN THE MATTER SET FORTH IN THIS NOTICE WILL RESTORE YOUR MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED. EARLIEST POSSIBLE SHERIFF S SALE DATE -- date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice, sale will be sent to you before the sale. increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. It is estimated that the earliest A Notice of the actual date of the Sheriff s Of course, the"amount needed to cure the default will ,':t,r,-,' ,\11111 J,fl ,r::ql'~C"T 1\11i,..l.~U EXHIBIT A - Contact Person: Loan Counselor EFFECT OF THE SHERIFF S SALE -- You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- Your loan mayor may not be assumable, please contact: CitiMQrtgage} Inc. DELRl90 02lA YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS 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 BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER, TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED HERETO Sincerely, Collection Department If you have previously received a Chapter 7 discharge in bankruptcy, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. . . EXHIBIT A i?';;-:~ ., - ,-, -~. '''': ~~ ~-'":' I' PENNSYL V Ac'lIA HOUSING FIN,-\''1CE AGE:'iCY HOMEOWNER'S EMERGENCY ASSISTAc'lCE PROGRAM CONSUMER CREDIT COUNSELING AGE:'iCIES (REV. 8/00) CLINTON COt'NTY CCCS ofNortheastem PA 1631 South Atherton St. Suite 100 State College. PA 16801 (81~) 238-3668 FAX (81~) 238-3669 Lycoming-C1imon Counties Commision for Communiry Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport. PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of~orthe:J.Stem PA 201 Basin Screet Williamspolt, PA 17703 (570) 323-6627 FAX (570) 323-6626 COlU:\<lBIA COl~TY 1400 Abington Executive P::l.l'k Suite t Clarks SummiL PA 18411 (5iO) 587.9163 or (800) 922-9537 FAX (570) 587-9134-9135 3'1 W. Market Street POB 1127 Wilkes-Barre. PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzeme Counry 163 Amber Lane Wilkes-Barre. PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-(Call Before Faxing) (570) ~55-1994 Hazeltown FAX (570) ~55.5631-(Call Before Faxing) (570)836-1090 Tunkhannock CRAWFORD COll'iTY Grearer Erie Community A~tion Committee 18 West gtll Street EMe, PA 16501 (81';) ~59-1581 FAX (8H) ~56-Q161 Booker T. Washington Center 1720 HoUand Center Erie. P A 16503 (81~) ~53-5744 FAX (81~) 5749 John F. Kennedy Ct:nter, Inc, 2021 East 201ll Strel::t Ene, PA 16510 (81~) 898-0400 FAX (81~) 898-1243 Shl::nango Valley Urban League, Inc, 60 I mdiana Avenue Farrell, PA 16121 (412) 981-5310 CUMBERLAND COll'iTY Financial Counseling Services of Franklin 31 West 3 I'll Street Wajl1esboro, PA 17268 (717) 762-3285 CCCS of Western Pennsylvania. Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of~{etropolitan Harrisburg N. 6111 Street Harrisburg., PA 1710l (717) 234-5925 FAX (717) 23~-9459 YV/CA of Carlisle 301 .'G" Street Carlisle, PA 17013 . (717)243-3818 FAX (717)'731-9589 Community Action Comm oCthe Capital Region 1514 Dem Street Harrisburg, PA. 17204 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St Gertysburg, PA 17325 (717) 334-1518 FA-X 33~-8326 . . PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5,1999 E){H\StT A ::;;;,." - ->"," ," '''-'-" ,- , "1 , " , . . AU THAT CERTAIN tract of I~nd situated in South Middleton Township. Cumberland Couney, Pennsylvania. bounded and described in ~ceordance with a survey by Roy M, Benjamin, R,S., dated May 24, 1971. i' BEGINNING'.t a point On the' e~s[ side of1'ownship Road 520, said point being 1056 feet south of the, i~t~rseclio,~'of Legislative Route 21008; lhence along an unnamed alley, Soulh 78 degrees 50 mJDutes ;East 180 feet to 'a point at land, now or formerly of Harvey Slone: thence along I~nds now or formerly of Harvey Stone,South II degrees 10 mintlles West 80 fect to ~ point On the north side of ~nolher unnamed ~Iley: thence along the north side of said alley Nor1h 78 degtees SO minutes West \80 feet to a point on the enst side of Township Road 520: thence along said Township Road, Nolth 11 degrees 10 minutes Enst 80 feet to a point, the Place of BEGINNING."" , ' HA YING ereclcd thereon a dwelling house known as and numbered 314 Zion Road, Mount Holly Springs, Pennsylvania 17065, BEING the s.me premises which Richard L, Sherman and Dorcas M, Sherman. husband and wife, by deed daled July 2, 1971 and recorded July 2, 1971, in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Oced Boole "0", Volume 24, Page 977. granled and conveyed to Larry L Lehman and Cla\1dia J, Lehman. husband and wife, lhe Grantors herein. i I 1*" , ., '0' .~ ',",,' .". ",^ r .".C' VERIFICATION MIKE FLORIAN hereby states that he is MANAGER ofCITIMORTGAGE, INe. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and :hat the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S, Sec, 4904 relating to unsworn falsification to authorities, DATE: ~)-S \0 \ . -", - ,-", __~ ~~~_ ,.'" :-1 . ~~h~.oMtl!!\t,;;,''''iliMi\lMi:j,rl~!;~illiii.i'liiliiIT~gt:ililu;J;;';'J'';C~~U~,j;'''''Oa!;",,,!kI,i;Sii.r,p,.~ll.,,liii:!'H:l!!!llj,~<."J;!.Ln.liit:dl' 1};ilJLJIJ. .&..'~'.'~*_!lil , ,,\\,,\\Wf - '1' 'IIV" :':'A,""1't "...."'r \}'., ," """,h, vrf"IV'. "",\ '\ "',' ' " . 'el),",\:'", ',' "Q \ .\ 3 3<3 ~\\ ~\I" '1 , "'\ ", _:\ \ ",L\<' \J "~,' ":';;, 'J t, I't \ ~ T' ( " j~ S 1 L 0" <-) I .w ~ (gG ~ @2) 11!b[' ~ @; I!db'J ~ . . ,,~, ~~.., .",'_"","'"~,,,.c~,-, c,~,,_r,""""_' ,_. ,___ - ~- - - " ,. '.'~" ,~~~, ll! FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE lDENTIFIC A TlON NO, 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF, KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA22102 TERM Plaintiff NO, 01 -2393 c"(,)J~~ v, CUMBERLAND COUNTY KENNETH R, PECK, AlKJA KENNETH PECK KATERRA L PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY, ** You have been sued in Court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or properly or other rights important to you, YOU SHOULD TAKE TillS 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, Loan #: 505003014/NXW CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA ]7013 (717) 249-3166 TRUE COpy FROM RECORD ta TIIlItlmony wIlel"eof, I hoirunto SlIt myhani .. 'E: .. .... Cou~ CariloIo. PI. '--~, ~~: E;:~-:r~ We hereby certify the within to be a true and correct copy of th9 original med of recordLAN FEDERMAN AND PHE "~:r- ~ ,. ^; '".," ' --" 'C'-'_' . ~ IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. '1:1" - "', >, '-, " -- ":- ,- ,,, ~ _ ^ ,,- '" ' '1 ~ 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2, Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: 3, The name(s) and last known address(es) of the Defendant(s) are: KENNETH R, PECK, AfKJ A KENNETH PECK KA TERRA L PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 4, On 7/23/97 mortgagor( s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1396, Page 641. By Assignment of Mortgage recorded 10/7/97 the mortgage was assigned to SOURCE ONE MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book No, 559, Page 71. By Assignment of Mortgage recorded 6/13/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No, 646, Page 498, 5, The premises subject to said mortgage is described as attached, 6, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith, A copy of such notice is attached as Exhibit "A," ,.- '", ,.,~,-, ,;^..,< c ' , __~'"' _" e,' '"~'" __ -; T~1C folll)\\,lng amuunts arc due on the mortga~e PnnclpallJalance Interest 6/ )100 through 5/1:0 I (Per Diem S 17,23) Attorney's Fees Cumulati ve Late Charges 7/23/97 to 5/1/01 Cost of Suit and Title Search Subtotal 583,863,5U 5.772.05 4,000,00 433,56 750,00 $94,819,11 Escrow Credit Deficit Subtotal 454,20 0.00 (5454,20) TOTAL $94,364,91 8, 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, 9, ThiS action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000,00, 10, The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. S 1680A03c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A," 1 L The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii,) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $94,164,91, together with interest from 5/1/01 at the rate of $17,23 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .-.' ,',-,". . ern mortgage'" CitiMortgaqe, Inc. Z9it~i.'3~68i~;.;[()1l ]-\.,u,: r:ifming.[nn HiI!,. \ti ~.,,: ~, CitiMortgage, Inc. 27555 Farmington Road Farmington Hills MI 48334-3357 1-800-366-3003 SEPTEMBER 5, 2000 KENNETH R PECK 314 ZION RD MT HOLLY SPGS PA 17065-0000 PROPERTY ADDRESS RE: Loan No, : 50500301-4 314 ZION RD MT HOLLY SPGS PA 17065-0000 Creditor: CitiMortgageJ Inc. Dear KENNETH R PECK ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default} and the lender intends to foreclose, Specific information about the nature of the default is provided in the attached pages, The HOMEOWNER'S 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 and address and phone number of the Consumer Credit Counseling Agency serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions~ representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer, LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. S1 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION tNMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO E:)(~IE3I1r ~ "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CULA PUEDE S-ti,~~Int;%~bJ,Ad',i:8i1l.tlllMJ!~e IlI?J!R9l:I!lrrI'Nrft,EiJ;\lJ\\1'ivSU HIPOTECA. AmemberofCltJgroup1'" t~" , , ~ " _, , '-' " em mortgage'" CitiMortqage, Inc. Z9{f']\1'55~6l!>""" ,ild' ;. :l ~ in : ~1 g l "i1 r i I . CitiMortgageJ Inc. 27555 Farmington Road Farmington Hills MI 48334-3357 1-800-366-3003 SEPTEMBER 5, 2000 KATERRA L PECK 314 ZION RD MT HOLLY SPGS PA 17065-0000 PROPERTY ADDRESS RE: Loan No, : 50500301~4 314 ZION RD MT HOLLY SPGS PA 17065-0000 Creditor: CitiMortgage, Inc, Dear KATERRA L PECK ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the p~ogram 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 and address and phone number of the Consumer Credit Counseling Agency serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. St.NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA E:)(~I~I1r ~ (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CULA PUEDE SAliMlRtAV Idi:AISA b"1It"Pli~&ijhge o.em:Ctt611l\N2al\lM.IIl'VSU HI POTECA , AmemberofClllgroupj' :Tf~~L r_' '.,.",-0,", .., , -. '" Cltl mortgage, C4:lItR6Iffqaqet!Dli:R/SERVICER, Ci tiMortgage, 27'i'i"i F:trmingron Road DEt'R'l'9illo'0!21Ik ,\11 483 ,;-,\,,- Inc. . EXH\B\" i' Ci[iMongage. Inc. does business as Ciricorp Mortgage in AZ. LA, MT, NM, PA and wv. A memberofCJtlgrouPJ !:,;~" ~.- ~. . e, _, I:' '-,-" , . Your mortgage is in default for the reasons set forth in this Notice (see the following pages for specific information about the nature of your default.) If you have tried and are una.ble to resolve this problem with the lender, you have the right to apply for financial assistance from the HO~eowner.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 counselin~ agencies listed at the end of this Notice. Only Consum~r credit counseling agencies have applications for the program and they will a!Ssist you in submitting a complete application Agency. Your e_n"^~~,_U,,,_ 'T.,l" ,Vi:IiI.lr i, ,1."i HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE nACT"I, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANNCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time, you must arrange and attend a "face-to-face" meeting with one of the Consumer credit counseling agencies listed at the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 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 CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCY--If you meet with one of the Consumer credit counseling agencies 11sted at the end of this notice, the creditor may NOT take action against you for thirty (301 days after the date of this meeting. The names and addresses and phone numbers of the designated Consumer credit counseling agenciE!s for the county in which the property is located are set forth at the end of this n"tice. It is only necessary to schedule one "face-to-face" meeting. Advise your creditQr immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE ,."1" [7"' ;'[1, -f W"- to the Pennsylvania Housing Finance j;XHIB1T A it~i t' . ,t MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR 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. It is extremely important that your application is accurate and complete in every respect. decision DELR190 02lA -~;ijL "'~ _ 0'_ The Pennsylvania Housing Agency has sixty (60) days to make a after it . . ','~-''',,-~,' - ~, EXHIBIT A receives your ~pplication. During that time, no foreclosure proceedings will be pursued aga~nst 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 regarding your application. NOTE, IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT, (If you have filed a bankruptcy you can still apply for Eme~gency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at, 314 ZION RD MT HOLLY SPGS PA 17065-0000 IS SERIOUSLY IN DEFAULT because: A, YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS, The following amount are now past due: 3PAYMENTS FOR 7/01/00 THROUGH 9/01/00 @ 763.00 EACH; $ 2289.00 OPAYMENTS FOR THROUGH @ 763.00 EACH; $ 0.00 2LATE CHARGES FOR 7/01/00 THROUGH 8/01/00 @ 30,52 EACH; $ 61.04 OLATE CHARGES FOR THROUGH @ 0,00 EACH; $ 0.00 LATE CHARGES DUE PRIOR TO DEFAULT DATE,.., ,........ ..' """ $ 171.90 ALLOWABLE FEES AND COSTS (IF ANy)",,,,,,.,,,,,,,,,,,,.....,,. $ 8.75 SUSPENSE FUNDS BALANCE CREDIT (IF ANY)..,. ..., ......,..,. .... $ 150.13 TOTAL AMOUNT PAST DUETOTAL ,..., ,."...... ,.... ... $ 2380.56 B, YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN), 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 $ 2380.56, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to, CitiMortgage, Inc. at 27555 Farmington Road ,Farmington Hills MI 48334-3357. . . You can cure any (30) DAYS of the date of this other default by taking the following action within THIRTY letter. not cure the default within THIRTY EXH1Brr A ~_j~___ ~.,..." r IF YOU DO NOT CURE THE DEFAULT--If you do .,...,.. ,',In,~,r~ .;"'"'- _, ~.", due immediately and you may lose the chance to pay the mortgage in monthly installments. I~ full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. DELRl90 02lA 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 creditor begins legal proceedings against you, you will still be required to'pay the reasonable attorney 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 fees actually incurred by the creditor even if they exceed $50.00. Any attorney fees will be added to the amount you owe the creditor, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY PERIOD, you will not be required to pay the attorney fees, OTHER CREDITOR REMEDIES -- The lender may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance, suit will be for the property only, RIGHT TO CURE THE DEFAULT PRIOR TO THE 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 any time up to one hour before the Sheriff s Sale, You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale specified in writing by the lender and by performing any other requirements under the mortgage. CURING YOUR DEFAULT IN THE MATTER SET FORTH IN THIS NOTICE WILL RESTORE YOUR MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED. EARLIEST POSSIBLE SHERIFF S SALE DATE -- date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice, sale will be sent to you before the sale, increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender, It is estimated that the earliest A Notice of the actual date of the Sheriff s Of course, the"amount needed to cure the default will "r'R." t, ,'1!111, i1U'li'pr~r:r': r,"1J I J::11i1rf! EXHIBIT A Contact Person: Loan Counselor EFFECT OF THE SHERIFF S SALE -- You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- Your loan mayor may not be assumable, please contact: CitiM~rtgage, Inc. DELR190 02lA YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS 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 BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED HERETO Sincerely, Collection Department If you have previously received a Chapter 7 discharge in bankruptcy, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. . . EXHIBIT A ~.., ., - '< ~ '_,,"" _ ,J ,., '< , ,'- "r ~ PENNSYLVANIA HOUSING FINA.'ICE AGE:'iCY HOMEOWNER'S EMERGENCY ASSISTA.'ICE PROGRAM CONSUMER CREDIT COUNSELING AGDICIES (REV. 8/00) CLINTON COl;NTY Lvcomina..clinton Counties Commision for C~mmuni[V Action (STEP) 2138 Linc~ln Street P.O. Box 1328 Williamsport. PA 17703 (570) 326-0587 FAX (570) 322-2197 eees of?'-lortheastem PA 161[ South Atherton St., Suire 100 Stale College. PA 1680 ( (8P) 238-3668 FAX (81~) 138-3669 eees of~ortheastem PA 201 Basin Street Williamsport. PA 11703 (570) 32H617 FAX (570) 323-6626 COLU:I<lBIA COL":'<TY 1400 Abington Executi..'e Park Suite I Clarks Summit PA 1841l (570) 587.9163 or (800) 922-9537 FAX (570) 587-9134-9135 31 W. Market Street POB 1127 Wilkes-Barre. PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre. PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-{Call Before Faxing) (570) 4554994 Hazeltown FAX (570) 455-5631-{Call Before Faxing) (570) 8364090 Tunkhannock CRAWFORD COL'NTY BeokerT. Washington Center 1720 Holland Center Erie, P A 16503 (814) 453.5744 FAX (814) 5749 Gre:lter Erie Communit), Action Committee 18 West 9th Street Erie, PA 16501 (8H)4594581 FAX (81~) 456-D161 John F. Kennedv Center, Inc. 2021 East 20tlr. Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 CUMBERLAND COL'NTY Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762.3285 cces of Western Pennsylvania. Inc. 2000 Linglestown Road Harrisburg., PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N.6tlr.Street Harrisburg, PA 17LOl (717)234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 "G" SIr,e' Carlisle, PA 17013 . (717) 243-3818 F A..X (717)'731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle Sl Gettysburg, PA 17325 (717) 334-1518 FA..X 334-8326 . . PENNSYL V A,'l/L\ BULLETIN, VOL. 29, NO. 23, JUNE ;, 1999 EXH\B\'T A .~,~-, "~.,.,-. ""","', ',^,,-"-'-.'" -,", ;i!";'_"._~ ~__, -< - ~ T>'_'_, , ALL THAT CERTAIN ltact of land situated in South Middleton Township. Cumberland County, PennsyIVlUlia, bounded and described in accordance with a survey by Ray M, Benjamin, R,S" daled May 24, 1971. i' BEGINNING"al ~poinl On lh. eaSI side of Township Road 520, said poinl being 1056 feel south of the, jnt~=tio!i,of Legislative Roule 21008; lhence along an unnamed alley, South 78 degrees 50 minutes ,East 180 feet to a poinl alland. now Or fonnerly of Harvey Slone; thence along lands now or (onnedy of Harvey Slane, 'South II degrees 10 minules We..l 80 feet to a poinl On the north side of anolher unnamed alley; thence along the north side of said alley North 78 degrees 50 minutes West 180 fect to a poinl on Ihe east side of Township Road 520: thence along said Township Road. North 11 degrees 10 minutes Ensl 80 feet to a point, the Place of BEGINNING,"" ' HA YING erecled thereon a dwelling house known as and numbered 314 Zion Road, Mount Holly Springs, Pennsylvania 17065. BEING lhe sanie premises which Richard L. Sherman and Dorcas M, Sherman, husbnnd and wife, by deed daled July 2, 1971 and recorded July 2, 197\, in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book "0", Volume 24. Page 977. granled and conveyed to Larry L Lehman and Claudia], Lehman. husband and wife, the Gramm; herein. . , , VERIFICATION MIKE FLORIAN hereby states that he is MANAGER of CITIMORTGAGE, INC, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and :hat the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S, Sec, 4904 relating to unsworn falsification to authorities, DATE: ~)..S \0 \ :'1' ""<C. ~ '__'-,_ :,.,_. ,"_~ ," _<C<". 'C""__",_, '-'.,''"'-' , _ ." ~~~Ill[I1!i~~~,ili~.Ji:u~1~""li<<Miw.!timm"Ft~jj/0i,oa>l.ih(l,,\';H''''JI,",,~;'''~lj;%,M-\>f.\~Ji',;.fl",I@;~j,fuilii;~&'~"""",-"' ""',= -'""'.~;"""'gHl~j!~~~ ~.- OftltE,i.' C\);.\l s,l'ttRlf" 0.,,".\1111 JUII t\ 339?f\'G\ C" :':,';--\'"i :')LL PENi4'SiLV AN IA .~ ~) ~ ~) .(ffR) <)1 ,.3 ~r "-::;::- ".::::---- ~ Ib!.':JJ @12) >- , , . . FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215)563-7000 Attorney for plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. KENNETH R. PECK A/K/A KENNETH PECK KATERRA L. PECK Cumberland County No. 01-3393 CIVIL TERM Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: July 25, 2001 ilj'<"f._ ~~ ^ " .-'~ '-: ' -~,= '. " w FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq, Atty, LD, #69849 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (? 1 ~) ~/i,-7000 ATTORNEY FOR PLAINTIFF JUL 3 0 2001 &^ . , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY KENNETH R. PECK AlKJA KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM AND NOW, this 3{,.J"" ORDER dayof :r~ ,2001, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) KENNETH R. PECK A/K/ A KENNETH PECK AND KA TERRA L. PECK, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 314 ZION ROAD, MOUNT HOLLY SPRINGSP A1706S. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing, , ~ \,~/J' 'v <-\' J. H:/Main Forms/motion$l'county.comp ~"'t';R\'Jt"""'=J-l"_"", "_I ,..,....,.,._ #" ' FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. LD. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (7 1 ~) ~(),- 7000 ATTORNEYFORPLArnT~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, COURT OF COMMON PLEAS CNIL DNISION VS, CUMBERLAND COUNTY KENNETH R PECK NKIA KENNETH PECK KATERRA 1. PECK NO, 01-3393 CNIL TERM THIS FIRM IS A DEBT COLLECTORATIEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HA VB PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY, MOTION FOR SERVICE PURSUANT TO SPRCI AT, ORnRR OF COTTRT Plaintiff, by its counsel, Michele M, Bradford, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant( s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 314 ZION ROAD, MOUNT HOLLY SPRINGSP A17065 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriff's Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s), An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". H:/Main Forms/motions/county .camp '1'';1\: "'1',."_.' ~",...., - I - ~<,," - V' . 3, Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so, WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to pennsylvania Rille of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. H:lMain Fonns/motions/county.comp 'W."I;"""I~~11l ~ ~, ,Y=" "__C_,_' 1 -'';\'" -'~- ,. SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03393 P COMMONWEALTH Of PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS PECK KENNETH R ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT PECK KENNETH R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , PECK KENNETH R UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.55 .00 10.00 .00 32.55 ~o a~,s s:- :~~___ _~~ ~".~- R./ Thomas Kl ine Sheriff of Cumberland County FEDERMAN & PHELAN 07/09/2001 Sworn and subscribed to before me this day of A.D. Prothonotary 1:"'1fJ~ u ~, ~-- ..,,~ ~,~ ~~~ ~. 7,,- ,. , SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03393 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS PECK KENNETH R ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT PECK KATERRA L but was unable to locate Her in his bailiwick, He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , PECK KATERRA L UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 so~: /:/ / -:-;_. '~~~~~-~ R. 'Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 00/00/0000 Sworn and subscribed to before me this day of A.D. Prothonotary ~-_*~r'fl ~ ~_ _ __', ~"'_'__"-_ ..^ ~- ;' " c.c PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION loan Number: 505003014 Attorney Firm: TRACK STARS Case Number: Subject: KENNETH & KA TERRA PECK AKA: None last Known Address: 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 last Known Number: (717) 486-3791 Michael K Gross, being duly swom according to law, deposes and says: 1, I am employed in the capacity of President for Players National locator. 2, On OS/21/2001, I conducted an investigation into the whereabouts of the above named defendant(s), The results of my investigation are as follows: CREDIT INFORMATION- A SOCIAL SECURITY NUMBER: 164-62-5949 202-66-7793 B, EMPLOYMENT SEARCH: Unable to locate a good employer for Kenneth and Katerra. C, INQUIRY OF CREDITORS: The creditors indicated that Kennth and Katerra are living at 314 Zion Road, Mount Holly Springs, Pa. 17065 with a home phone number of 717-486-3791. Kenneth and Katerra filed chapter 7 bankruptcy in March 1998 with attorney Matthew Eshelma, Case # 98-01029 with a release date of June 1998. INQUIRY OF TELEPHONE COMPANY - A DIRECTORY ASSISTANCE SEARCH: The home phone number for Kenneth and Katerra Peck is 717-486-3791 registered at 314 Zion Road, Mount Holly Springs, Pa. 17065. Called the home number and spoke with Katerra who confirmed she and Kenneth are both living at this address. INQUIRY OF NEIGHBORS - N/A INQUIRY OF POST OFFICE - A NATIONAL ADDRESS UPDATE: As of May 21, 2001 the National Change of Address (NCOA) has no change for Kenneth and Katerra from last known address. MOTOR VEHICLE REGISTRATION- A MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Kenneth and Katerra listed at last known address. OTHER INQUIRIES - A DEATH RECORDS: As of May 21, 2001 the Social Security Administration has no death records on file for Kenneth and Katerra Peck under their social security numbers. "-='~""I>':,_~. - -~ t>j.' .. ~ B, PUBLIC LICENSES (PILOT, REAL ESTATE, ETC, ): None Found C, COUNTY VOTER REGISTRATION: The Voters Registration Office has Kenneth and Katerra listed at last known address. ADDITIONAL INFORMATION ON SUBJECT- A DATE OF BIRTH: Kenneth 03/66 ~::2: -~ ~ AFFIANT "NOTARY SEAL" Kristi~e M. Scott, Notary Public SI. LoUIs County, State of Missouri My Commission Expires 9/2/2002 Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 ;:~'-~ '/:-'0'_'_'_ -:"1"!'~-'r~-" -, , . ,,~ FEDERMAN AND PHELAN ATTORNEY FOR PLAINTIFF BY: Michele M. Bradford, Esq. Atty. !.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (7 1 ~) ~()'\- 7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS vs. CIVIL DMSION CUMBERLAND COUNTY NO. 01-3393 CNIL TERM KENNETH R. PECK AfKJ A KENNETH PECK KATERRA L. PECK MRMOR A NllITM OF I,A W Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of ~ervice. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriff's return of "Not Found" or the fact that a Defendant has moved without leaving a new frnwarding address is insufficient evidence of concealment. rTnn7~lp<,: v<: Poll", 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last Imown address requires a good faith effort to discover the correct address." Ailnptinn nfW~l1{fTJ 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Infonnation Act, 39 C.F.R Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular maiL H:/Main Forms/motions/county.comp '~l~nm ~ ~ VF. RIFle A TION Michele M. Bradford, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.s, Date: TlIly () 7001 Sec. 4904 relating to unsworn falsification to authorities. * I Michele M. Bradford, Esquire H:lMain Fonns/rnotions/county.comp '::1" '.., ~~_ , ,. "<,-. . ~. ,. <, FF/kmk FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. !.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (7 1 ~) ~()'\- 7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DNISION Vs. CUMBERLAND COUNTY KENNETH R. PECK AfKJA KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM CERTIFICATION OF SERVICF. I, Michele M. Bradford, Esquire, herby certify that a copy of the Motion for Service Pursuaut to Special Order of Court has been sent to the individual( s) as indicated below by first class mail, postage prepaid, on the date listed below. KENNETH R. PECK AfKJA KENNETH PECK AND KATERRA L. PECK at: 314 ZION ROAD MOUNT HOLLY SPRINGS P A 17065 The undersigned understauds that this statement is made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Date: TlIly 6 7001 Michele M. Bradford, Esquire Attorney for Plaintiff H:/Mairl Forms/motions/county.comp '~T~, . <_~_l]~ < 'e' " :'Jo'. 7. _ ~_ " ~~. < ~~. -....<'",,",'-, "';' . "'. , ~.,,-",',",' ." - " " ,--",j - -. .~ ',' , '. (S o~ L.~ ~ - >= r ',J \U .. -0 ';1 .. cF . , ~ <. . ii 1-: ii I i I"~ '; ;; " I ~ i.' ,n,~~~tiIWI#r~~- i lJJI,,~ ,~ ,Wt" ,;J _[;lJi'~lff'\#J;~F"_'''''''''i!i''''-''"''-'';C;,;-, w -t,,- ". '-__"~',-'i,"(',"~"''''':~''\f\\1l:;f-'':ITf'~-'~i';-ii!='"J''i'.t~i'':'~'!>t\;'i~'f;iI'f:\ii'rJ'lfi~;@!~ .:')';'~~-~!Ii1l' ... FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (7 1 ~) ~()'\- 7000 Attorney for Plaiutiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INe. : COURT OF COMMON PLEAS : CIVIL DMSION Vs. : CUMBERLAND COUNTY KENNETH R. PECK AfKJA KENNETH PECK KATERRA L. PECK : NO. 01-3393 AFFIDA VlT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE VIJRSlTANT TO Va Roe; V 404(~/40~ FRANK FEDERMAN, ESQUIRE, Attorney for Plaiutiff, hereby certifies that service of the Complaiut in Mortgage Foreclosure was made by sending a true and correct copy by certified mail to Defendant, KENNETH R. PECKAIKIA KENNETH PECK and KATERRA L. PECK at 314 ZION ROAD, MOUNT HOLLY SPRINGS, P A 17065 which Complaiut was received by Defendant, KENNETH R. PECK AIKIA KENNETH PECK andKATERRA L. PECK, on A lTGlTSTli, 2001 .as evidenced by the attached Return Receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: AlIgll<t 7.7001 ';;~~,;P.J: , _=,_ _ _"co- ~ "' ., ;:;:),~..,,, =; .~ " 'll.... c: ~f ~ " . - .... - - - - - . . Z <J> ... w N - 0 '" 00 --l ~ V> ... w N - Cc "3 . '" "'. "," '< 0 "'.... * .z:- . * . " " " * :g.[ '" * ~ .. ~ n WQi ~ ~:::~ ~:::~ z a.~ ~ . 0'" 0'" ii t6 ~ i2t'ol'" i2~~ ti; _l"l 0 "'3 ",O~ .... "'" ",Ol"l :- ",. R =Z =Z'" '" o " '" . 0 O~t" O~= a ~ .... . o::! t"0~ . . Sg Pi t"~ . t"~;" !' o . t" '" '" . . >< l"l >< l"l ;l '" r'l '" r'l . '" ~ '" ~ ,.. ~ i!:! . ~ " '" Z ~ '" I:'l I:'l 0 " S" '" 0 '" . ~ 9l ;I> '" 0 ;I> . - Z E:: "'''' .... .. ~ 3 ~ Q .... 0. Q a H '" '" '" Ul Ul = . g s -." '" '" l"l . ~ r'l " Z ~ . 1= 3 . 0 .... 1:' 0 . :;. s' " ~ --9t>. 910< V '" ~ ~: -,._~-"~? ';1 ~\ !~i "\ jy , ~b/ ~jN35~ y" _'_\~.=;:.t 7:' '" 0 L.----,,; ~..) ",,'~'" ~.. . ~\:-.......~- "A0.I* .. / '?-- 1:. ./)...., i~ u..~.p.nSLUi: ':: " . i::-" . ~;~'''''!li' .. 1 -. ... ~ 7 . ! ' 1= AUG-S'O\ ;: ':' }~. i.\ - \ t: n :: \:. ':c-. .- ~1'1ll :: .:.J v -'~ '. "",,,,, i \~ '-...'_P.?;./ 6J651t..OL----.- ' ;:' 0 - -'-~ .'~" O;l>Z ""'Co" WOoS = ;: ftl C. ~ ~ .. .. = ... Co 1. "'O"'l =zl"l '"'l"l=' ~",l"l l"l!i~ t"Z~ gjr'l.... _l"l.... ;l>Z'" . '" = "'l"ll"l ;I>~t" "",;I> ~~Z ~~ ... ...'" e - '" l"l .. ... Q Q ,IJii ..,.........-' .. " FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19\03-1814 (71~) ~(,'-7000 JUL :3 02001 ATTORNEY FOR PLAINTIFF oY' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. COURT OF COMMON PLEAS CNIL DNISION vs. CUMBERLAND COUNTY KENNETH R. PECK AfKJ A KENNETH PECK KA TERRA L PECK NO. 01-3393 CIVIL TERM ORDER AND NOW, this 3)st day of :JLL~' 2001, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) KENNETH R. PECK AlK/A KENNETH PECK AND KA TERRA L. PECK, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 314 ZION ROAD, MOUNT HOLLY SPRINGSPAI7065, Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. T~UECOPY FROM RECORD In: eshmony wiler. f, I here unto set my hand an f seal of sa' C urt at Carlisle Pa I' 3) , . Thi ............... f... 'I. \Y 0/. :....),.>t>...'.J..~' ",:0:,,1,..'" . .... .~ ... ProthonotatV BY THE COURT: /~/!lLxwi [ ~~JA J. j H:lMain FOI1bslmoti~nslcounty.comp -;');\'mt,'Uli!cllf.Jli ."~~. ~=- ~ . . . - "..,._-~- -".......~~ 1nlf515 J,i!"\ll... L1-n."I.211"llJ TO: KENNETlI'R. PECK NKlA KENNETH PECK 314 ZION ROAD MOmH 1100.L Y SPRINGS, I' A 1706S SENDER: 6EFE6ENCE: MSB '[11 [5 [.0 II I q p ;-~ ::1 , i'i , ,i I :i -::I .,.1 ~ rr,o/ - '~ "E', .-'~_,- ..... " ,,;,,,,:,,,., '>0--,' ,-,~.~~ ~, (j S;; "1)0- f1itn ?r',~ ~?~ 0) -_. ~:< :~ - !;:'l---; ..,.... "'~ -' -n ~(< ~ -j f:; Z ~ > __~~0ll,'l!!i1i,~~ ."",~"~.l_~"..,.,,." ::::, <:::l ~:m'!'ilPft!I'llll~~'I!I , ,~ "-" '- I~) -"1 h. C- G-3' ", -~ ,- -. c....\ ""- 1- ".,,0 :::2 '"L. : ,~j ;~() i~l~ ,-I 55 ~" , ~- ~'''''''''''''''--''''--"!'~ .- > FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVll. DIVISION Plaintiff, v. NO. 01-3393 CIVIL TERM KENNETH R. PECK AIKIA KENNETH PECK KATERRA L. PECK Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KENNETH R. PECK AlK/A KENNETH PECK and KATERRA L. PECK Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 5/1/01 to 9/7/01 TOTAL 94,364.91 2,222.67 96,587.58 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. , ) DAMAGES ARE HEREBY ASSESSED AS INDICAT~D. ~ DATE: S'~. II ( ;).oof (},/Jh) I) ~ PRO PROTHY -""l-~, ~ . --=c~ _,' h , "~_, "" ;_ ~ ..," _ ,~ " .' , (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 01-3393 CIVIL TERM KENNETH R. PECK A!K/A KENNETH PECK KATERRA L. lECK Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~. II 2001. <By: 4~o DEPUTY .P.7p~ If you have any questions concerning this matter, please conta t: "TIllS 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 AND TillS DEBT WAS NOT REAFFIRMED, TIllS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." ;:~~..$W _, _ .' _ ~_~ ,~ "> '" - '" ..-, > 7 - -~ .' ~ FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (7 1 ~) ~()'\-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS , INC. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY KENNETB R.PECK A/K/A KENNETH PECK KATERAA L. PECK NO. 01-3393 CIVIL TERM Defendant(s) TO: KENNETH R.PECK A/K/A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 PA 17402 DATE OF NOTICE: AUGUST 27. 2001 TBIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TBIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 fio the date of this notice, a Judgment may be entered against yo ~!!t ou. t a hearing and you may lose your property or other im ~ i!}.' hts. You should take this notice to a lawyer at once. If t have a lawyer or cannot afford one, go to or telephone ~ollOWing office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff , ,- -=~-~~ - >", -'." -'"'' " h~"" ...,. _ .. FEDERMAN AND PHELAN BY: fRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (? 1 ~) ~()'\-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS , INC. COURT OF COMMON PLEAS Attorney for Plaintiff CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY KENNETH R.PECK A/K/A KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM Defendant TO: KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065, PA 17402 DATE OF NOTICE: AUGUST 27. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed e~t7a1Written appearance personally or by attorney and file in wr~~th the court your defenses or objections to the claims set ~~ ainst you. Unless you act within ten (10) days from the date 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff ,-,--,_,,_,'..F" ,., "" FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SIDTE 1400 PIIILADELPHIA, PA 19103-1814 QI5) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SIDTE 350 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 01-3393 CIVIL TERM KENNETH R. PECK AfKJA KENNETH PECK KATERRA L. PECK Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, 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 defendant(s) is/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 KENNETH R. PECKA/KIA KENNETH PECK is over 18 years of age and resides at , 314 ZION ROAD, MOUNT HOLLY SPRINGS, P A 17065 . (c) that defendant KA TERRA L. PECK is over 18 years of age, and resides at , 314 ZION ROAD, MOUNT HOLLY SPRINGS, P A 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. t,.__.>\,. ,,' -, '.- -~~- i P" '-'P" , ~ M ~ - - " ''', ,"~--""-" ~ '<. ~,-, ""-"'-' ' "f ,~' _.._,~ "_'__"'4,~,"'";;~.JG-v_'_ --,;',.; ,,.w , "' ~-,~.. ',. ~ ~ (:) .t.::;} } -.0 ~ f) r ~ C) ~ 0 1;::) f' c () -<: ".. -n LO ~ ~ ~ -OfT'; \/) rn ~:: t"rl (> t; 1- ~~_i ''0 , fl.r .r- (f),,~":- :fTl -<-e:-c ' J CJ f: k=C ;:1Zh .::..:1(~) E-C -1""-'-, -""- ~J~;~ 7' J _I";" >C) "') C ~~ orn :z: -.j ~ -:~.) ~ -.-1 -< i I! j , 1 I ~I ,! :1 :_: i I::' 1'-1 Ii i'-I I:: ;.] I !fl!~.!l!W5!i'I ,tll!::i'i<'I,~~~i'ifl!II'iE~''{'P_'''''-''i!l!''''''~''';-''~'fV0''<''"~':<?'-''''''"''''i'f?,,~'id5lfi'W?i"?':-jiq}f!""''!.'!:'''','?;l{'''''iF'''f';miM5'~~~ , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CU!\'1BERLAND COUNTY Plaintiff, No. 01-3393 CIVIL TERM v. J(ENNETH R. PECK A/KJA KENNETH PECK KA TERRA L. PECK Defendant(s). September 7, 2001 TO: KENNETH R. PECK AIKIA KENNETH PECK KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 "TillS 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 AND THIS DEBT WAS NOT REAFFIRMED, 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. 314 ZION ROAD. MOUNT HOLLY SPRINGS. PA 17065. is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $96.587.58 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the MARCH 6,2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs 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 attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. ';f;""",,~ """,-' ,- , ,. _"n_ , . 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 is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 ifthe buyer pays the Sheriff the full amount due in the sale, To find out ifthis has happened, you may call (717) 240-6390. . 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have 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 that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff 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 distribution is filed. 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 :-"'7 _ -_ .,. ,__ __,_;~,,, __~,~;, ., _ ."<f' " All that certain tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated ~ay 24, 1971. Beginning at a point on the east side of Township Road 520, said point being 1056 feet south of the intersection of Legislative Route 2~908; thence along an unnamed alley, South 78 degrees' 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the north side of another unnamed alley; thence along the north side of said alley North 78 degrees 50 minutes West 180 feet to a point on the east side of Township Road 520; thence along said Township Road North 11 degrees 10 minutes East 80 feet to a point, the Place of Beginning. I.D. # 40-31-2185-041 "Deed Source: Book 108, Page 190" '1tJ,ir~"< if. ~""-", -'r ',. . ~:. . _..-~"',.- ~,~,~ ~~'-'-'--"""'''' .+ -;A-~ - ~- ""~ ,~,"~--"'~-. ,~~." -~ ., .. 0 C) C) c ('=> .... " -ocr: (I) :-_1 rn ",: rq t9 -...{J: "'u 'l-'[i z~' C- -,-IITj W, - :,:)0 -< ~'::--: ~Ci ~~ ::-.~;S) P,.-.. Z.....> 4""', )>0 si ~;:dc) c (:SfTl Z ~ =< .::....J< ,._1 ::D -< i i Ii I) ~ Il ,. '0 , Ii p I' Ii I-j [,1 I: F: Ii I' I I I, I I: " il II i' L! I' i ~,~~ "!!'lOI'OP'~~_~,;,....."..,."",,,,,,,"",,J""'W''Il'~~~l'U''1~:jW''''''\'l'''''"f'''';,'P'~,'f'f''f\'ii'J;'-~''''l'i~'-))'"''-1f,j!'JIl'1$~'1<~~)in'Hl'~''''!ln~~'rdli'f!'ll\l''~_'f'f!!iIftl'~~~ ? , , " PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 01-3393 CIVIL TERM KENNETH R. PECK A!KIA KENNETH PECK KATERRA L. PECK Defendant( s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due 96,587.58 V Interest from 9/7/01 to 12/5/01 (per diem -15.88) , TOTAL 1,413.09 and Costs 98,000.67 Note: Please attach description of property. No. .' ."!1!il'. "T' ,"_,_, __", ~," '~'--".'_ ro_ " ' ","",~~~_, , ",""" 'e,_' .~, ,_ _ "'w , ~,,_ ,_' ,"_' ,~--- ",>",~"'~~"" ,~ ",'~'''''.,"' ~'*""" ,.~ -,. ,,> " ~~ ~ 0 r- .... < ~- 00- '" Z ~ ~ CIl ,- 1'<<< ~ .. ..1 0'" U Z 0 CIl~ 1';1;1 0 ~ ... ~ ~~ U = ,.. Eo- uZ ,.. ;;J ~~ ~CIl ...... 1';1;1 U -- .,; Z~ Zoo Z~ ~'E' 0 ., 01';1;1 ~~ Zu 1';1;1 = ~ ~ ~!l: '" ~ '" i ~~ ,..1';1;1 I'<< 0 - u,.. oc:l .D 0.... 1';1;100 < . Q,l ~ 1;' ..1~ ~..1 ,.. .. u~ .; ~~ za~ S I'<<;;J I';I;1z ;.. ~~ Z ~ 00 ~9 0 ,..u U!:9 i:lii~ ~ g. ~~ ~~ !l:~ 01:: p. I'<< 0 ~ ~ .... O~ ~,.. ~ !l:6 ,., Usa Ora = ... ~'" ,.. U 1';1;11';1;1 ~ == f:/l 1';1;1 ~ ~~ Z ., Z - .~ ~ ~ ~ ...u il ~' i~ i~ Ii; ~I ,,' ,'I " i:: !;,I , ~:l I 'I :'1 :1 '1 il 'I", '.""'"C'""71\l!,~" _1_~ ~"'~, _~'lj_",,~~~.~ ",~~.r !W' >" r~f"~l't"j~!1'f\;;:;r~_"";"-"i':'i.'';j'';!hl'~'~!'!ffi~itmf'.~!'!'fttiOl'j:?0''tl\'(5:4~-.-:,rU~!%!li~f']:j[t~~'Wl'iN1~ ,. . All that certain tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated ~ay 24, 1971. Beginning at a point on the east side of Township Road 520, said point being 1056 feet south of the intersection of Legislative Route 2~908; thence along an unnamed alley, South 78 degrees' 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the north side of another unnamed alley; thence along the north side of said alley North 78 degrees 50 minutes West 180 feet to a point on the east side of Township Road 520; thence along said Township Road North 11 de~rees 10 minutes East 80 feet to a point, the Place of Beginning. I.D. # 40-31-2185-041 IIDeed Sourc-e: Book 108, Page 19011 'IR_ _ - - - - .~ ,,""',' 1-," " ~ _~u_ 'e" ~ 'q-< .~ . " () ~ --- ~ T( ~ ~ N Z; ~ ..... ~ "6Q.. 0 :0 6"- ~ "" "'- ~ () II( & ~ ~ & ~ 0 '- ~ 0 c;. C1 i () ...... I f' ~F tv ~ j-~ () C) C) ~ , - ~ ~ '-,) , , , , "' - , , "- (.I) vcr..; ('., CIJ mn-; "~) , - - ~~ Z:rJ iTI ~ "" ~ '" --- zr '~--:j ~~': 'J_ -~:--1 S.,) 'JI ~c; 2::: <5Z~ t< ~ ~c -~.... 0 S? -;--:-f'j >c:: ',-) -4 to ~ (.I.) 15 . -< --- ~ II I !!. " ~!; ~i: i,l I" fli [ill [i, '1'.1. ii W f!i "J '" [!] iP Iii Ii: ! ~ I n 'I 1;1 'i 1-' i'i 1.:.....:1 " " f:l fij i" "~" , ~ iU'lW<",.,~_~_ ~'~~~'~'ffifi~"'~rf.'r;::'"',"_:'!l~"t,","~\!:!pW-~;fP1-"1';'~~orp'.M''*'';"If'''''!i"i'iL'i"-~l1W_!>j:''!'!:rl'l~'''_''''~W!!i!;.1~~~ FEDE~andPHELAN By: FRANK FEDERMAN Identification No. 12248 om PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION KENNETH R. PECK AfKIA KENNETH PECK KATERRA L.ll'ECK NO. 01-3393 CIVIL TERM Defendant( s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is 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: (X) an FHA mortgage () non-owner occupied () vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ':Y;$~,"=_"l ';" -.. >~ ',-:-~ ""I , - - ~ "~?,." -,- ',- ;c-"" ''''''. <<_ .""'{'~^".,-~-"", '-.~"~"-~~~'="-"-" '-~~'I"~- "-,~~ C:J c;. () c::: $:: -0 ~ "Om t/,jl (''-> 111rn IT! Z::.tl -u z-.. [G me;;: -:-i~:!,:ri -<~.':: '~~~{S 1<;0 :\::." >'r- 'I', z\ -=- -~1;; pO 9 c: c~r,! Z );J =< :.J .~ ::''J -< rili i' i :J Pj i> :',1 !-j 1\ q "'~~~, _~._-"_,,SIffl~'B!HW~~ff":~i:~r-f-~"~:r;~,-,~!""~Q'-"_T"F;-t;~i!'"['-,'0"'-'Y"inN'~'"i-,~!!,,~_;;,,:n'~~in,p-'i'-_,""""""P'!;l'"'1'0l~.~~ ,i. ''-- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION KENNETH R. PECK AlKJA KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 ,314 ZION ~OAD, MOUNT HOLLY SPRINGS, P A 17065 . ]. Name and address ofOwner(s) orreputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KENNETH R. PECK AlK/A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None ';:1f1J.."'?,,,,,, , _,< ~ . l__ H.; ~." _ -" . , - " "",,J;. .,,.... .".. 4. NiIIl1e and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) CITIFINANCIAL INC. TO BE DETERMINED 5. NiIIl1e and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. NiIIl1e and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. NiIIl1e and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065. Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsifica 'on authorities. FEDE , ESQUIRE ttorney for Plaint ff September 7.2001 DATE ;'J';;",,__._ '.' _~,_~_ . ,,,c' P.,..." ;' .',.,_, , ""'e" <." :f",'H~ , , , I ~ I i (0 i I I I i I I i , ~ ; ~~ I':, ";1 ,-., _~lJ!Im\IW__"_ " " ........ ""'l,.- 0 (::-! () ~ ? -n "1J OJ U) , q;Jf'r'f r'1 '""'- :J) -0 , Zr , (/) ~r-,. c:,~ -(7 !;::::C':'; ;:"'" ("-) :8_ t~~~ -;>"l ;; -~ ""-0 -::.. 5>C S? :z: ~~ ~ G.) -J ::0 -<; """!I'"JIil~~~,~~J'ltli1,:,'f""'_~","~'!';M"i~"~i1""W"t"'"'~L'I!'-'>n,~~*"iWf,1:f'ffj';;-"'f;j~,~'~~:-!"!!j'."9~,*~:!1';;.~~ ,.'/';,?ff M "-,..._,, " '0". ..-. I' ~ All that certain tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S" dated ~ay 24, 1971. Beginning at a point on the east side of Township Road 520, said point being 1056 feet south of the intersection of Legislative . Route 2~908; thence along an unnamed alley, South 78 degrees 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the north side of another unnamed alley; thence along the north side of said alley North 78 degrees 50 minutes West 180 feet to a point on the east side of Township Road 520; thence along said Township Road North 11 deg~ees 10 minutes East 80 feet to a point, the Place of Beginning, I.D. # 40-31-2185-041 "Deed Source: Book 108, Page 190" -~,",,- ,~"" , ,_c '. ~,' A_' ~ . ~~ I ~ f'.. , I~ ~ ...-.. ~ I~ ~ '-"'" .-.....l I~ ~ I , ii [s to -.", ~ ......... d: , fl.JrrJ~. ~'r"""''"~~I'J!Il'''''''01 ~ ---l" ~ A ,\ ~ ~ ~-.....~ a SJ\ . I ~ . ~ ~ NJ J --I -""'(JJ~(l'- f" 9--- 0. :-' \ - '0 B d- q -~<W!":Ml""};"0"-"-""'~::'''V'- ,. "-,<~.~".- J"" (") c $': -rJlX' rfln: Z:x.: -7'-- ..._'l s;:::-- : r:::C) I[~ ~ (@ o uJ :n ;~l' "1:> o "n 'r ~j~~ ::~ ;.J. ;":)' I, -I 51 -< c::; ~-;:: ~? ,,- Ul 'I~'~'%'f~~ ~n-"'c""'1i:l.." v"" ''''-N,,'' " ~,~ "- '" -'.'- . f ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION KENNETH R. PECK AlKJA KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 .314 ZION ROAD. MOUNT HOLLY SPRINGS. P A 17065 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH R.PECK AlKJA KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 KATERRA L.PECK t ~. 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 2. Name and aiiliess ofDefendant(s) in the judgment: Same as above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 'j ~ . .1'_ -r"~~_ .-,-- ',' ,"."--',-, , ~ . /0 - -. ~ ,~. .. 4. Name and address oflast recorded holder of every mortgage of record: Name CITIFINANCIAL, INC Last Kuown Address (if address cannot be reasonably ascertained, please indicate) 1 VALLEY STREET, STE 103 CARLISLE, P A 17013 5. Name and address of every other person who has any record lien on the property: Name None Last Kuown Address (if address cannot be reasonably ascertained, please indicate) 6. Name and adfuess of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None ,:. Last Kuown Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property whi'ch may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cnmberland County Commonwealth of Pennsylvania Department of Welfare Last Kuown Address (if address cannot be reasonably ascertained, please indicate) 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 13 North Hanover Street Carlisle, P A 17013 PO Box 2675 Harrisburg, PA 17105 I verify ili,~t the statements made in this affidavit are true and correct to the best of my personal knowledge or llformation and belief. I understand that false statements herein are made subject to the penalties ofl8 l'a. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 29. 2003 DATE L Ii. -1t~ _~. ' ..,--'" ,- ,r_-'~~ .." ';_ j uu ------- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .-<. _~ T' ."~- ~ <~,," "' - ~" ""<",' -<, ,-~, ^" ,--. II .,- . . () Ct 0 C (",) -n s~ y;, :~ -r)l'D 4'"1 ~ (5 rnfi": -"'() fi:: 2'2 -~~l r-,'i "';;::. I (C1 (./') >- f" '9 -< ...../ '~_)r, r..:~ --'i';..:;:! "- ::::',.. ';-~~~{ e , :J)~ /-::., C )> c_ ::;:) -'-'" --.J :'-:i:' t_" .- '~!J ...<. Cr\ ::<: i~ ~i I"~ ,! fl !', [I ~: i'i I;' 1! 'I II II f,: i:! I ~ ;1 ::: " ~':! ,'j , 1 J ,- ':1 " ,-', " I ", ,,-," :: ~~,,ilfmlJll..4,~,,,~ ,D^~__ ,~M~!j___, .~~V;$~i;''''''''.4;:i'P~P;;'H''''ji'''''','if'0';j~'''*,'';:''~$J~1l,.g~-mft1l!'l';il%B:~mr!ili'~~~r1J~-'~ - FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification ~o. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 . ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC; CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVll. DIVISION KENNETH R. PECK A/K/A KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVll. TERM I Defendant(s). ~~ .. :'\ CERTIFICATION ~, FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, aud that the premises are not subject to the provisions of Act 91 because it is:' () an FHA mortgage ( . ) non-owner occupied () vacaut (X) Act 91 procedures have been fulfilled This certifi,cfltion is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. , ~ W--- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff f"'j,.f<~ ,'~~ ~-. ~rA" '."-' , .,. , ". ~'" ~- ~. rS to " i'1 11 II 11 I:i I.j ii Ii :1 i-j ii " !if I:) !.j H I'; i ~1 " j,': i,',.r f" [. ~, _ _~~^ ~.-~_. ." .H .~. _,' o~ ~ o c <" m}~-~ Z:r: ~?:::- r-: ," ~;~... ;~ t~-:~ ..:.;;.- -;J -- o c;.) U) ", v o -n --, ::.ri;g ,""liTl '~.26 ~~~~ ~, -, )> o"~1 =-< , 00 ?: C5 ;;- en ~ _ ,iIJ!W"iI~,"I1l!'E!L~= 4J,_ :!JR'.'7"~"","~,.,~J~iiI~!!f~'i1W'.WflJ1-i'f.';-'\!'!n'<;%""'"!t'\+""'ffH~fW\'''!~'fiif...",jiW,f~'''I~\"..;-$''''''\~''f:-'l;"?Ji>,V'J!(j",~~~ ",. ~,.. ~. , \ ".'''' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 01-3393 CIVIL TERM v. KENNETH R. PECK AJK/A KENNETH PECK KATERRA L. PECK .; i .: Defendant(s). August 29, 2003 TO: KENNE~H R. PECK A!KIA , KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 "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 AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTBMPT TO,C;:OLLECT A DBBT, BUT ONLY ENFORCBMBNT OF A LIEN AGAINST PROPBRTY. ,. 'J* Yourholise (real estate) at, 314 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriff's Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $96,587.58 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement wiiI be made at said sale in compliance witl},Pa.R.C.P., Rule 3129.3. 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, 2?sts and reasonable attorney's fees due. To find out how much you must pay, you may ~all: (215) 563-7000. 2. t ou may be able to stop the sale by filing a petition asking the Court to strike or open the JPdgment, 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. '"":""""- ~- ~"-"'~-,'~' - -c- '.-,- n~";j~ '" _ . . . " I . ~~-- ~'" "'.'n .' ,\ ('I You mlii 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 SlliLL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 S;ille will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call (717) 240-6390. '.'I 4. Ifthe'amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. Y ou '~ave 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 that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff 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 un.\ess exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. " 7. Y oupay also have other rights and defenses, or ways of getting your home back, if you act immediately aft~r the sale. YOU SHOVLQ TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER o'R CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO F;!ND OUT WHERE YOU CAN GET LEGAL HELP. v " ,. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 [ n .C; . --,";~ ~~, -, - -. ,~, -, t'" __ , ,_ 1 I~ ~_ .' -~ "l/I 1:,-,7 ., 1....1.'....( ., . All that certain tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated ~ay 24, 1971. Beginning at a point on the east side of Township Road 520, said point being 1056 feet south of the intersection of Legislatiye Route 21908; thence along an unnamed alley, South 78 degrees 50 minutes East 180 feet to a ppint at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the north side of another unnamed alley; thence along the north side of said alley North 78 degrees 50 minutes West 180 feet to a point on the east side of Township Road 520; thence along said Township Road North 11 degrees 10 minutes East 80 feet to a point, the Place of Beginning. I.D. 3 40-31-2185-041 "Deed Sourc.e: Book 108, Page 190" -"":}1t':"~'kFl':'___~"~ .'7'".....,..,;.. "_ 1-'1' , ~ - .- - .~ ,~-'"-~ ." . - '''~ ,: " , " ;: " ~ : ;i ~ ' 1" " [ I 'I ., :'1 , ~ 1 ~, '",- ,~,.->_.. .~.-..q>- "'" ."', ~""'-~ ---l~ lJ .., (') C".::::' ~~ C '".', <~ 'L;r':;"_, ~..f) 01 ri' ~ cq ~?~ "v .-:~, (',--. -.-' '" _'0 j-::" , ~> <: :C.'" , Po 2.' -,. r~z~ )~i~? i;:5 ,-_J m :z: S~ =2 "'- (]', :JJ -< .' :mP.!f~~~~..@~jl!!~~f';.";t'--"';fS;>;>'-"~i'N~"'--'-"~;"""""';fr-;';'\"";",:"rk%,~;m~-O:',!,jU\.",W,l!~':''''N'';;-P.'4<#~~. ,... WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANTA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff (s) From KENNETH R PECK a/k/a KENNETH PECK AND KATHERRA L. PECK, 314 ZION ROAD, MT. HOLLY SPRINGS PA 17065. NO 01-3393 Civil CIVIL ACTION - LAW (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 314 ZION ROAD,MT HOLLY SPRINGS PA 17065 (SEE LEGAL DESCRIPTON) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $96,578.58 L.L. Interest 9/8/01 TO 12110/03 AT $15.88 per diem = $12,085.12 Atty's ConunN% Atty Paid $678.84 Plaintiff Paid Date: SEPTEMBER 8, 2003 Due Prothy 1.00 Other Costs (seal) CURTIS R. LONG :;"6~ ~ De uty REQUESTING PARTY: Name FRANK FEDERMAN Address: OEN PENN CENTER@ SUBURBAN STATION 1617 JFK BLVD., SillTE 1400' PffiLADELPIDA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ill No, 12248 y"lil'f-=:Ff'll'iW.~",." "' -.(- ~. - ~ 11'" '-<i,,'iV\",,--~.HI , "'i:'i;~f,~.;,\_.:,-,."':t,ti,";;.,,~mI1_II~~~~IltlI~JJ:ir~"-'"'~~~'~.Ji..,l,it'!t'!if! -'~'- '~", 0'1 ~J ........ J ~ -~,~-^~-~ .. ".,".~ - ,. ~- ~~, - >.'. "- ., .' ':':10 '~.'> c".~ Mortgage Electronic Registration Systems, Inc. VS Kenneth R, Peck a/kIa Kenneth Peck And Katerra L. Peck In The Court of Common Pleas of Cumberlaud County, Pennsylvania Writ No. 2001-3393 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuaut to iustructions from Attorney Frank Federmau. Sheriffs Costs: Docketing Surcharge postiug Haudbills Law Library Prothonotary Share of Bills Mileage Levy Advertisiug Certified Mail Poundage Postpone Sale Law Journal Patriot News 30.00 30.00 15.00 .50 1.00 25,66 7.80 15.00 15.00 1.09 10.90 20.00 214.25 169.59 $ 555.79 paid by attorney 3-07-02 Sworn aud subscribed to before me So g~ Thi /li'1::d f '11. ,) ~... ':7..4e< ~~ s~ ayo IVtA1"",-" -r-~ n . R. Thomas Kline, Sheriff 2002, A.D. '----f-y""o. J1.,"e,~~~. r.. BY .J:,d.tJ \J tYt I tJ.. Prothonotary Real Estate Deputy , l;s;O ~ ds'fal fL. /.;? ;( yx ~1f:<$WI~~,l"",~ _, ~O__~" ~ ~I , ,- , ~- - ~~ ~~.- , ," " .~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION KENNETH R. PECK A/KJA KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 .314 ZION ROAD. MOUNT HOLLY SPRINGS. P A 17065 . 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KENNETH R. PECK AIKIA KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None ~,,,,,,, "'""-^-" -~, . -" ,,-- _, , u' . ,. , . , .' 4. Name and address of the last recorded holder of every mortgage of record: , NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) CITIFINANCIAL INC. TO BE DETERMINED 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN 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 LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsifica 'on authorities. Seotember 7.2001 DATE FEDE , ESQUIRE ttorney for Plaint ff ]~,,..., ,~< -' .'_ ~-,~ _'"'''"''.-'''.."., ~_ r~_ _ ,'~ .., . . f , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 01-3393 CIVIL TERM v. KENNETH R. PECK AfK} A KENNETH PECK KA TERRA L. PECK Defendant(s). September 7,2001 TO: KENNETH R. PECK A/K/ A KENNETH PECK KA TERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 **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 AND THIS DEBT WAS NOT REAFFIRMED, 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. 314 ZION ROAD, MOUNT HOLLY SPRINGS. PA 17065, is scheduled to be sold at the Sheriff's Sale on DECEMBER 5. 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $96.587.58 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. Ifthe Sheriffs sale is postponed, the property will be relisted for the MARCH 6,2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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 attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. ~-:.LJ -- I~- - "- ~, ~ .'" "~- : i 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder, You may . find out the price bid by calling (215) 563-7000. 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 (717) 240-6390. . 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have 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 that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff 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 Sheriffwithin ten (10) days after the distribution is filed. 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 i~q:t. . '" " _, ~,. _ ',' "~_"',~~., - , . r" . ... '. ~ . ,11 that certain tract of land situated in South Middleton :ownship, Cumberland County, Pennsylvania, bounded and described .n accordance with a survey by Roy M. Benjamin, R.S., dated ~ay :4, 1971. leginning at a point on the east side of Township Road 520, said Joint being 1056 feet south of the intersection of Legislative (oute 2~908; thence along an unnamed alley, South 78 degrees' 50 unutes East 180 feet to a point at lands now or formerly of rarvey Stone; thence along lands now or formerly of Harvey Stone, louth 11 degrees 10 minutes West 80 feet to a point on the north lide of another unnamed alley; thence along the north side of laid alley North 78 degrees 50 minutes West 180 feet to a point In the east side of Township Road 520; thence along said ~ownship Road North 11 deg~ees 10 minutes East 80 feet to a Joint, the Place of Beginning. C.D. # 40-31-2185-041 'Deed Source: Book 108, Page 190" ii'! ~_ 0,",_ , ~, ,--~ - -, ~-~ - . # .. " "'.' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 01-3393 CIVIL %\l TERM CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt. interest and costs due Mortgage Electronic Registration Systems, Inc. from . Kenneth R. Peck A/K/A Kenneth Peck and Kate=a L. Peck, 314 Zion Road, Mt. Holly Springs, PA 17065 PLAINTIFF(S) DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description (2) You are also directed to attach the property of the defendant(s) nollevied upon in the possession of GARNISHEE(S) as follows: and to notny the garnishee(s) that: (a) an attachment has been issued; (b) tl)e 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 ofthe defendant(s) not levied upon an subjectto attachment is found inthe po!isession of anyone other than a named garnishee. you are directed to nomy him/herthat he/she has 'been added as a garnishee and is enjoined as above stated. Amount Due 591'> 'iR7 'iR from 9/7/ 1 to 12/5/01 (per diem Interest 15.gg) ~1,413 09 emd Coed-", Atty's Comm % LL Due Prothy Olher Costs $.50 51.00 Ally Paid Plaintiff Paid $120.55 Dale: September 11,2001 Curtis R. Long Prothonotary, Civil Division ~~ 0 - 2. 71(r/?/Uy,r---- Deputy REQUESTING PARTY: Name Frank Fedennan, Esq. One Penn Center at ~uDuroan S1:a1:ion Address: 1(;17 Joi:JQ F Ko>nneny R{)lll=Ti'lrn, Suite 1400 Philadelphia. PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No, 12248 :;!}"l!1l\illlIBl:r"l~~~ _ _ _.lIl\'fiiI",WI1l~. t _ ,-,~~""" . " ,-~~ . , -. ~~ '. !.: REAL E.STATE SALE No. ~'O On September 17, 2001, the sherifflevied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, P A, known and numbered as 314 Zion Road, Mt. Holly Springs, and more fully described on Exhibit "A" filed with this writ and by Date: September 17,2001 By: q~ Srn1iJ, Real Estate Deputy ~ e:;:;1 ~ ~ this reference incorporated herein. V,:' ,i_CI,!,!, 'j I .'"' ~, L ~ f ,>- ," Jd In I'"~ ,~!;j,j. ft-',I,j ZS G Z! cBS AH., J.;lrli!3'!~Ii.~ "'~ ; '{:,'fO ;;;:';Ej.=10 ~ ~~ J"li~ ~~ TL" ~ .. 1 !.J'llll"l _ __ "'-JI""""ff~~**;-~4WM'WiJij'i!Iliiffi!\'.\I'$i<i'~:Hl;11"!ii'l"Wil),i0'P-,,"," '?"-' ,\,,,,,~"j",.:;:',,,c,,,'~ 'r-"-:"--R''i'''t+<_1),'~;''';i''J_'-"",~),,-, ,-,'c- - ,7'- ;~- ~ ",,:,p,q"'iE'.-C""J<1!f>m;'11f.i'i!lj!:ilWliii"1!!~'_ ,\ ",'. .~ ,..l ~ _. "';0,. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th e Patriot-News and The Sunday Patriot-News newspapers of general circulation. printed and published at 812 to 818 Market Street, in the City, County and State aforesaid: that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have beerc continuousiy published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sundayl Metro editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personai knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauj!YJ. h' in(iscellaneous Book "M", Volume 14, Page 317. U/ PU BLlCA TION .............................il.............................................................. COpy S . 19thdayof ove r2001A.D. Notarial Seal h S ALE 1140 Te"" L Russell, Notery Public /'" . ~ Harrisburg, Dauphin County ( ;- My Comrnisslo'1 Expires June 6. ' REAL ESTATE SALE No, 40 , NOTPlRY PUBLIC , Writ No. 2001-3393 Member, Pennaylvanla AssocIation ot Notaries .- _ Civil retm My commission expires June 6, 2002 ~ortgage Electronic Registration Systems, Inc. vs KennetJ!,R. Peck aII<Ia J(enoelh Peck Katerra L. Peck - DESC . Atty: Frank Federman ~. RlPTION, ~-=ALL TI0T CEItlAlN tract of land situated ill '=- ~outb Mld~leton Township, Cumberland County :-: _~.!lQ,Sylvarua,; bounded and described u{ a'Ecordance WJtb n survey by Roy M B . . ~ R.S., dated May 24,1961. . enJnmm, BEG~1NG at a point on the east side of . Township Roa~ 520, s~d point being 1056 feet SOillh of lhe mtersectJOn of Legislative Route :~.!QQ~t!tence .al.QJ!,g_an Ul1l1allled alley South 78 " cgrees 50 minutes East 180 feet to 'a point at ~J~ now or formerly or Harvey Stone' thence ~~~~ 11~dde~:s~of0ln1'!"neu,tly ~~H8lUVoey Slone, Publisher's Receipt for Advertising Cost -. c cs rYest feet to a :;;:eo~:eg:rth~~e?dflllmfth~runnamcdaJley; 's CO., publisher of The Patriot-News and The Sundav Patriot-News. newspapers of general . enwwSl eo slIIdaIleyNorth78 . .. , . .. de~es50nunutesWe~! 180 feet to a point on the ,wledge receIpt of the aforesaid notice and publication costs and certl.fles that the same have eastslde. of Town~}tip Road 520; thence along said Townsl11p ROa? ~rth II degrees 10 minutes East 80 fee! to a pornt, the Place of BEGINNING ' !.D. #4()'31-2185-041. . "Deed Source: Book 108, Page 190," . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURT1-IOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. . For publishing the notice or pUblication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 168.09 1.50 169.59 I By.................................. ....00.......00 00............00... '" f' ,0.", . - . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 12, 19,26,2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. IlEAL ESTATE SALE NO. 40 Wrtt No, 200 1-3393 Civil Mortgage Electronic Registration Systems. Inc. vs, RO~ditor Kenneth R Peck. a/k/a KerIDeth Peck and Katerra L. Peck Atty,: Frank Federman All that certaJn tract ofIand situ- ated In South Middleton Township, Cumberland County, Pennsylvania. bounded and described in accor- dance With " sliVey by Roy M. Ben- Jamin. RS" dated May 24, 1971, Beg1.nn1ng at a point on the east side of TownshIp Road 520. said point being 1056 feet south of the " !intersection of Legislative Reute 21008; thence along an unnamed alley, South 78 degrees 50 minutes East 180 feet to a pOint at lands now or formerly of Hanrey Stone; thence along lands now or formerly of Harvey Stone, South II degrees ~~ ~~t:~~e~~S~O_!e~~ ~? a point I SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 _----1'fu NOTARIAl sEAL LOIS E. SNYDER, No!!!ry Public Carlisle Boro. Cumbel1. and County My Commission Expires Maroh 5. 2005 , ~,,*~0; '~ .i t'.'. ..,-- FEDERMAN AJ'ID PHELAN BY: Michele M. Bradford, Esq. Atty. tD #69849 1617 John F Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (? I ~\ ~()1-7000 JUL 3 02001 A HORNEY FOR PLAINTIFF ()Y' MORTGAGE ELECTRON1C REGISTRATION SYSTEMS, INC COURT OF COMMON PLEAS CNIL DNISION vs. CUMBERLAND COUNTY KENNETH R. PECK AfKJ A KENNETH PECK KA TERRA L. PECK NO, 01-3393 CIVIL TERM ORDER AJ'ID NOW, this 31st day of :JLL~' 200 I, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) KENNETH R PECK A/KJA KENNETH PECK AND KATERRA L. PECK, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 314 ZION ROAD, MOUNT HOLLY SPRINGSPAI7065. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. BY THE COURT: /5/~JJj E ~~jn J. H:/Main Formslmotionslcounty.camp ':r;WIH;_".~~, ~ , - """'---,,' -"'-- ,- "- ' ~, (, O'.'~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, No. 01-3393 CIVIL TERM v. KENNETH R. PECK AIKIA KENNETH PECK KATERRA L. PECK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due. $96,587.58 ..; Interest from 9/8/01 to DECEMBER 10, 2003 (per diem -$15.88) $13,085.12 and Costs TOTAL $109,672.70 v ~~ , /1~,~/fA FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attlfch description of property.No. ,,'(~~ ~" , -, !-, ','" '1 " ,_.. ill rOM r' " ~. "<~. ,~.~ "=.," "".~'.,; "~';';: -".{'-t:(irrf Ifllfl ICIC == ........ ........ << ~~ .00 00" "Z zSl Sl~ ~oo ...< ~ ,..~ ...:1...:1 o~ U Z ...:10 roil 0 ~== 00;.- ~ ... <...:I U == E-< ~E-< roil,.. ~=s E-< ~ ~~ ...:100 roil U .,j ~z z . z~ ~'F 00 <!) Zz 000 Zu ~ ~~ ~ o roil ~~ elroil roil := .~ '" ~ '" ~ ~. E-<roil ... 0 ~~ <!) UE-< <~ O<l .~ .. ..0 roil 00 - O~ ~...:I <!) p... ~~ ~ ...:I~ E-< .. en Sl~ .... UZ roilZ .. ~~ <8 S ...~ ~~ ;., ZZ '" 00 tSs 00 .... .. <!) <!) E-<U ~~ Uroil ~ ~ s NN ~ ~~ ~~ ~'g 0 p. ~ .,..,. ~ S~ .... .... !;;E-< f5:)6 .., .., Upj of!l == ... 00 ~ roil roil ~" E-< U \\ '" ==>'1 a:a ~ ~ .i:j <!) E-<~ <!) -€I Z - ~ =s.., el ~ ~ U .-"~ ~ .'.1 0 CJ 0 c: c...) .-f1 tIJ ~ "., ::;::1 '"1")0:::1 iT! n'ln-' "-0 i-:.Ll~ Z:C t5~~- I fi_~ <- (:r.; "'<"'.: !<:e, :~, ~{+[ >'" ::r..-: . ""-;;C) ZC' :~,l;'; )o"C~ :;l .",< - -)-' ;:;;: ,~ ~ "'" :::v , ,71 ..< ", " ,. ),;; ,%,: ,. ~ - "tn. ,.,~ ~-='-"""" 'c' ~-'" '''-----1 ' ." . ", ." _" f RIi,U,U_I!1l.'_"!'1""":",.IfIM.~llOM!W!~i~"'I':~~1~~)i.9H".h;1"~nVJr;:"'n"'~:vJ"y.,,'>-"W:"t:;If~[j"'i'il'piW-AP,'1!i;'l'!~P\\-"""llm'f~_!!l!lfiIllI V~~l~~.! ',' , .. FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. COURT OF COMMON PLEAS CNIL DMSION KENNETH R. PECK AfKJAKENNETH PECK KATERRA L PECK NO. 01-3393 CNIL TERM VFR TFTr A nON I hereby certifY that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was soot by regular mail and certified mail, return receipt requested, to the following person(s) KENNETH R. PECK AfKJA KENNETH PECK AND KATERRA L. PECK on SEPTFMRFR ~, ?om at 314 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065, in accordance with the Order of Court dated, IT IT Y '\ 1, 7001. The undersigned understands that this statement is made subject to the penalties of 18 P A. C.S, s4904 relating to unsworn falsificaton to authorities. u~ FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: October 21,2003 ~S'fi!i'~ 1"" .,~, ,,"", j' "";"".~- , >>,~ ".~""t" ,t :~ ~---~ "',--~ FEDERMAN AND PHELAN BY Michele M Bradford, Esq. Attv ID #69849 1617 John F Kennedy Boulevard Suite \400 Philadelphia. P A It) I 03-1814 (J I~) ~())-7000 JUL 3 02001 ATTORNEY FOR PLArNTIFF OJ'^ MORTGAGE ELECTRONIC REGISTRATION SYSTEl'vlS, rNC. COURT OF COMMON PLEAS CIVIL DNISION vs. CUMBERLAND COUNTY KENNETH R. PECK A!KI A KENNETH PECK KA TERRA L PECK NO. 01-3393 CIVIL TER.1yj ORDER AND NOW, this 3)st day of ::JLL~' 2001, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) KENNETH R PECK AlK/A KENNETH PECK AND KA TERRA L. PECK, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 314 ZION ROAD, MOUNT HOLLY SPRINGSPAI7065. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. BYTHECOVRT: /5/~d [ ~~Jn J. :'l:~~Pr",: ~"~"--""l' ~~', ~ e. e,. ~ _ ,-" i " ,~ - ~~- t '" __. 7160 3901 9848 0308 3846 TO: KATERRAL.PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 SENDER: TEAM 2 JRL REFERENCE: ! PS Form 3800 June 2000 .37 RETURN Postage RECEIPT Certified Fee 2.30 SERVICE Return Receipt Fee 0,00 Restricted Delivery . 0.00 , Total Postage & Fees 2.67 c. /' ... us Postal Service POSTMARlfOR DATE 'f\ Receipt for I , ., ,.. +.~. d Mall ""ar 4,;a~; .i u No Insurance Coverage Provided Do Not Use for International Mall :"~ri!'( 'e'~"; ~ . , ,- '" ".1 7160 3901 9848 0308 3853 TO: KENNETH R. PECK AlKJA KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 SENDER: TEAM 2 JRL REFERENCE: PS Form 3800, June 2000 .37 RETURN Postage 2.30 RECEIPT Certified Fee SERVICE Return Rectiipt Fee 0.00 , 0.00 , . Restricted Delivery TabU Postage & Fees 2.67 , : POSTMARK OR DATE,: : US Postal Service : Receipt for Certified Mail No Insurance Coverage Provided 00 Not Use for International Mail ~~ ~~ ~_ ."-0 . ~, ~-_. . ~ ...J 0 C) t:= '.,- , , -r~ ~f: :-~') If! L'! '0 ~~~ ---..{ [S , , J (,r:: (0 ' ~ C' , - .i) c.-" ~~ \_, c , cO c= ~.<_) I .-...,. =2 , .0 '.::- ~~ ..-, ,~"""'~ .1,._ .oo)'!~:J_~,=,_"~"",,,,~,"f! _.~~".J1'o/11Jf_~ _ "~~-",,,,~~fl,H;r,,"-fJf;NF"'l':i"'!-!"7\"(' ",-\,"";;-'>;JWf{2'~;'+";F~t~"'1'OO-iii;;_'j~'f.!]iW.;'Jjflfflffi!if~:a~,~I~~~ , -' '1'--.'-' '" -,.,,,,;,,,,,~-~,,_.^ , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION ) vs. KENNETH R. PECK AfKJA KENNETH PECK KATERRA L. PECK ) CNIL DNISION ) NO. 01-3393 CNIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. hereby verify that on Seutember 5. 2003 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 6, 2003 ~r1uJWMJl F FEDERMAN, ESQUIRE Attorney for Plaintiff . ..,.,. ~~ ! --" , ,..,. ~~~ ~ --,~,: ~'''''_lI!W..,,,,,~ r "'-< 'r" ~. ~ - - - - - - '" 00 ..... '" '" ... W N - . :r , z '" ... w N - 0 " ~. 3 . ". ~. > ,," ~ '" ::l. i(' ,,' , ~ c;; ~ ,z c 3 tT CD ... "'0' f;:l (j .., n 0 z ~.'~ '=l ~ ~ ~ . !! ~ . ii z - 0 ~l .." ~ ~ m ~ ~ CIJ 1:: .", !::! .., ~ o " , 0 - il - ~ 0 n 0'" !" 0 i 31n:' n ~ 1:\ " & .. >- ~ '" . , m ~ ,ot ~ .r ~ ~ Z r> . 0 ~ .n ii1 ~ ~ . ~ - w ~ CIJ ',~ ' , , ~ ~ ii1 i ~ . "'''' ~ . ,ij ~ CIJ > ~ ~ .. d ~ ""... '~ >< i ~ .'. ~ .'-';-t ,,- "'~~ ~" lZl . -.d'" .. >-3 ;; ,~ ,~ ~ s:: 0 0 . ~' ~.~ ~ ~ .~ ,'1 ,~ .>-3 ~ l en, ~ >-3 == tI1 0 - ~ 0 - .w w cg~g.~;l CIJ ii1 a o g=. ~ G n .. ~~ao!!: ~ ~ J ~ ~G8"~Q. Wi.~~ == ~~~ so .CIJ ~ Q.s- .....g.~. .... ~3~;8 en .. -_.~;"o .~ >- ~t8~i :::; .. tii = ~ if "C 0 0 ~"' 'Il_, > '" ~ ~'CS ::r.'" '" ttl g."O q a. fa - 0 CIJ [i~ it -.,J :>< ~ s..hg 0 N - ~ .::J w ~ &. i l!o .'" '!l~ir~~ , i ~ 1l'~ ~!f, ~ ' 0 ~'hg, CIJ CIJ If "'_. ttl J;; H~i1 .~ i G ~ ~ ." _.11 8' =. >- -., g ~~(>DO ~ - _ 'i ~ ;j ..... ;!i.~...~. C> g.(i'"a~ .gg8g, g. t71 ~ a "~::;;..::- "-')'''4. [i ~ =: .' . , q., ii'~ g'~ ." ;::j: '~:7~,~-" ~ ~ 5' ,', il ~ ~ i '5 " -:.~ ~ ~ ~. .~ rn a ~ 3 g 6f~. a . - " , it~~~ . - .," .' '. ,':iL.:::' ':"~lji:II:J !f'-81l (> iil _. :s:~ 8'" .0 ~ ~& 1l ~ il' ~iii'.g ~ ::I G'<1I E. g ~ ~_'-~"'"lrh ~""'" ,"'~. ~" .~ o>:z ....=-.. 00 =-3 CD ... .. 1:1 ~ = =-"'= ~ =- cilo;~ti1 =':-00 ......"<:ItTl ~~~~ g. 'I1 n, > . . g z ~i~~ \Oo-d o~~~ ""_o-=: '''''lijtTl o;~d"!: ~l!1lz ." "'. ~. g, ~ ... 0"<:1 ...",:;l . C .., ~. .. " CD _ .g ... '" 0 .. 0 =:~ .1~"""" , -....... I-'UI\IH 80WES $ 01.200 SEP 05 2003 peOCE 191.::: . . , . 0 0 0 c: (.,) ~f ,1 ~ e=> ,",;::: "' (S ("- ~r~t~ -<~ -' t:r" .:~J l;:' 0) <' -0 E;c., ::i;; " :"8 ~E' , (-~ " S:~) ,::) fTI :::.:::: .m-1 --I )> -( co ;n -< ;-;~ _~H~_., _ ."TiJI:U_l,~*~_~-'l"::;;l1i~\!fi~I''*''(;''1'-W',o!IW-''~'-;;;--'''' ""t~~""':"'"';''''''i'~'H~'~''''~'iC}'''Y!ii~;:A,~~lJ.~RJ;~~ ,,~ ~ " Mortgage Electronic Registration Systems, Inc. VS Kenneth R. Peck aIkIa Kenneth Peck And Katerra L Peck In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 200(-3393 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frauk Federman. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Law Library Prothonotary Law Journal Patriot News Share of Bills 30.00 10.27 15,00 15,00 8.28 15,00 30,00 1.00 20030 169,84 28.90 $ 523.59 paid by attorney 12/18/03 Sworn and subscribed to before me So Answers: This.30lb day of ~ r~ ~..t:~~ ~M' . Cl. "" "',. . IL-..,-R. Thomas Kline, Sheriff 2003, A.D. Tl~ - ~- ..-', r - J"rl.L1"'::,,^,,;~ Prothonotary BY RealE;~;n~;;y . \.00 i-:"l'W~!:'lill1 ,~~'f ,- ~ , . >, , (;).... '13100 ~. 1'/5''7;)( ~""~"'.",~ ,.""'-.~".. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION KENNETH R. PECK AlKJA KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 .314 ZION ROAD. MOUNT HOLLY SPRINGS. P A 17065 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH R.,PECK AfKJA KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 KATERRA L.PECK r ( 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 2. Name and aJdress ofDefendant(s) in the judgment: '\ ~ Same as above .. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None l ., r "'T'iN" '-,'. _.""n''',_ . .~ r ~__ ~ --~._,--~ 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL,INC 1 VALLEY STREET, STE 103 CARLISLE, P A 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and adtlress of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ,",f 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property whi'ch may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwelllth of Pennsylvania Department o(Welfare PO Box 2675 Harrisburg, PA 17105 I verify tli,at 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 ofl8 pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 29. 2003 DATE uu ------ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 1, .. Y;.,~,~~1. > ~"-"'_ ,'.. -",_~ _ _ . ., 1 "c _;' ',_ _ . =, ~ , ,"' .~ , ,~::l MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 01-3393 CIVIL TERM v. KENNETH R. PECK A/KfA KENNETH PECK KATERRA L. PECK ;. i .' i Defendant(s). August 29, 2003 TO: KENNEirH R. PECK AlKlA ., KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 "THIS FIflM 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 AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT roi;:OLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 'it Your ho~se (real estate) at .314 ZION ROAD. MOUNT HOLLY SPRINGS. P A 17065. is scheduled to be sold at the Sheriffs Sale on DECEMBER 10. 2003 at 10:00 a.m. in the Cumberland County Courthotise, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $96.587.58 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliancewiQJi:Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS " YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: u '/1 1. :f:he sale will be cancelled if you pay to the mortgagee the back payments, late charges, tbsts and reasonable attorney's fees due. To find out how much you must pay, you may ~~Il: (215)563-7000. 2. you may be able to stop the sale by filing a petition asking the Court to strike or open the ~~dgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. i ,;.. 3. You may also be able to stop the sale through other legal proceedings. -~'j~--~" ',-~" - -,-~ , --I ,- ~; - , ~ . . . . =::; ci Y ou ma~ 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 STiiLL 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 is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 $Ie 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 (717) 240-6390. . ~'r 4. Ifthe:,amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if th'e sale never happened. 5. Y ou~ve the right to remain in the property nntil the full amount due is paid to the Sheriff and the Sheriffgtves a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will sta. te who will be receiving that money. The money will be paid out in accordance with , this schedule uqess exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. >-;- 7. Y ouway also have other rights and defenses, or ways of getting your home back, if you act immediately aft~r the sale. YOU SHOULD TAKE Tms 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 FtND OUT WHERE YOU CAN GET LEGAL HELP. .l<r: i< t'l'"- CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 , ! ,. >, t- P .<'l ,0 "'r~..,- ." -,,~. ',- "', 'j'l "~-,,~. ~ l[F.' :~~4 f.." . . - .11 that certain tract of land situated in South Middleton ?ownship, Cumberland County, Pe=sylvania, bounded and descr.ibed .n accordance with a survey by Roy M. Benjamin, R.S., dated ~ay !4, 1971. legi=ing at a point on the east side of Township Road 520, said .oint being 1056 feet south of the intersection of Legislative toute 2~.908; thence along an unnamed alley, South 78 degrees' SO dnutes East 180 feet to a ppint at lands now or formerly of rarvey Stone; thence along lands now or formerly of Harvey Stone, routh 11 degrees 10 minutes West 80 feet to a point on the north :ide of another unnamed alley; thence along the north side of laid alley North 78 degrees SO minutes West 180 feet to a point ,n the east side of Township Road 520; thence along said 'owns hip Road North 11 degrees 10 minutes East 80 feet to a -oint, the Place of Beginning. .D. # 40-31-2185-041 Deed Source: Book 108, Page 190. ',"j R ~ ~~ - --" ,-~ - ~ - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3393 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff (s) From KENNETH R PECK a/k1a KENNETH PECK AND KATHERRA L. PECK, 314 ZION ROAD,MT.HOLLYSPRINGS PA 17065. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 314 ZION ROAD, MT HOLLY SPRINGS PA 17065 (SEE LEGAL DESCRlPTON) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $96,578.58 LL Interest 9/8/01 TO 12/10/03 AT $15.88 per diem = $12,085.12 Atty's CommN% Atty Paid $678.84 Plaintiff Paid Date: SEPTEMBER 8, 2003 Due Prothy 1.00 Other Costs CURTIS R. LONG (Seal) :;tjLJ M- Deputy )' REQUESTING PARTY: Name FRANK FEDERMAN Address: OEN PENN CENTER@SUBURBAN STATION 1617 JFKBLVD., SmTE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ill No, 12248 r.!I'%'l\/jll!1llifl,~~,,_ .. "-,,< = '. " ,~ ;J - - '0 .':c' - J' .,<-.- ,~"'C '",i.i4f',.-.r. '~".' ~- d__..'.-,.:.S ,<,.';:',.,. -do ~--, ',', "'"",c ~'. '--__~~r=~~,_L~~ '~>"",..''''- ~~~"" ~'~]~r' ""'"'.~';~:'li ~'j1'ii Real Estate Sale # 40 On September 11, 2003 the sherifflevied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, P A known and numbered as 314 Zion Road, Mt. Holly Springs, more fully described on Exhibit "A" Date: September 11,2003 By: JtlciuX.AA; l-t, Real EstaQ D'e~:t; . @ CV\l ~ c::::::a G:e> w:;l filed with this writ and by this reference incorporated herein. 'v'1~Y^-'/SNN3d .-1 I :~- i "~} ';"1 r" EO. UJ 9~ Z 6 J3S ,,1~HJ~i:;:'i\id8rlnO . HI ;10 3iJl""O '~r --,.(.:i.J!!ri!1lJ]lifijl!~1L~'!I!I!jWl[l!'li~,~~~!i>'J;'ffl'-f~m)ffiTh-1'J"-,;~=:"',,"~~il'.NffiJN!1~~"lW<W,oRj:"j\ih'.nr-,"- '. '''"''''';:.'."" V"',*k_;.",~,~)-,,,F""'-"''-,,",F~.'3'''-''>'-; ;"<i-.."'!'-,:;:ii\!i,,~,n~IiIft~.~*' 11\ '\ THE PATRIOT NEWS SUNDAY PATRIOT NEWS , THE Proof of Publication Under Act No, 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co., a corporation organized and _existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot~News and The Sundav Patriot-News newspapers of generai circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and ali have been continuousiy published ever since; That the printed notice or pubiication which is secureiy attached hereto is exactly as printed and pubiished in their reguiar daiiy and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice _or advertising, and that ali of the aliegations of this statement as to the time, place and character of publication are true; and That he has personal knowiedge of the facts aforesaid and is duly authorized and empowered to verify this statement on behaif of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded In the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#40 Notarial e Terry L. Russell. Notary PubHc City Of Harnsburg, Dauphin County My COmmission Expires June 6, 2006 NO RY PUBLIC Member. Pennsylvania Association Of Notaries .., My commiSSion expires June 6, 2006 ------ -- .- . ::;:-miAI. EsiATESALE No. 40 ;,;- : Writ No. 2001-3393 F:.' ' "''Yervll Term ~ _, McitllI~ge Electronic _ Registration Systems, Inc. ~ -~--Vs E----= _Gnneth R. Peck . ~:::=- o;a/klaKenneth Peck and ~--- '::"Ka:"terra .Peck ~ A,lIY-'f,Frarik Federman - --- -DESCRIPTION . ':::~LTHAreERTAIN ~l of land situated m ---.s'outh Middleton Township, Cumbe:r\ai\~ CQUtlty, ~ell.ns--yNani<i;--boundcd and, descnbe~ .m. ~nEnceWiUi a survey by Roy M, BenJaroln, -R.S., dated May 14, 1911. . ~ BEGll\TNING at a point on the. east SIde of ~'township Road .520, said point be.mg.l056 feet es:.QWh of the Jnterwction of Legislative Route '1~rOO8;" then:ceatong an unnartled alley, Sou~ 78. ~di:grees 50 .!!!inutesEast 180 feet to a pOlOt at ~lands nQVL OflOnncrly of Harvey Stone, thence p bl~ h ' R - t f Ad t" i C t ~ong landuow or fo~erly of Harvey Stone, U IS er 5 ecelp or ver 15 ng 05 ~th .11th~rthS l.od,mmofuanteosth~e~~:nr:dtJ~:: ~O" publisher of The Patriot-News and The Sundav Patriot-NewsLnewspapers" of general "i"pomron eno SI . 8 '/a-.t1lenc~along:the north side of said alley ~orth ~ jge receipt of the aforesaid notice and publication costs and certifies that the same have ~._degrees 5_Qmtnutes ~cst 180 feet to a pelOt on e - ~ east side 01 TownshIp Road 520; thence ,along Said Township Road North 11 degrees lOmlnutes East 80 feet to.a point, the Place ofBEGINNlNG. rD. #40-31.2185.04-1. 1 Deed Source: Bookl08, Page [90. i CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 169.84 By.................................................................... . ' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. --- itor REAL ESTATE SALE NO. 40 Writ No. 2001-3393 Civil Mortgage Electronic Registration Systems. Inc. vs. Kenneth R. Peck, a(k( a Kenneth Peck and Katerra Peck Atty.: Frank Federman All that certain tract of land situ- ated in South Middleton Township, Cumberland County, Pennsylvania. bounded and described in accor- dance with a survey by Roy M. Ben- Jamin, R.S" dated May 24, 1971. Beginning at a point on the east side of Township Road 520. said point being 1056 feet south of the intersection of Legislative Route 2.1Q~tbe""'C!..__""Gnc<_ _="'--__'->-""-="""t TO AND SUBSCRIBED before me this 31 day of OCTOBER. 2003 L SEAL LOIS E. SNYDER. Notary Public Ca~isle Boro. Cumbe~and Counjy My Commission Expires March 5;2005 <--_~",*~rll!'m''''''*~8':tfl ,_~ .,0"',- , - ., H .,.In'M'!il'f, "'" ( ',>; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 01-3393 v. KENNETH R. PECK, A/KJA KENNETH PECK KATERRA L. PECK Defendant(s). May 6, 2004 TO: KENNETH R. PECK, A/KJA KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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, 314 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $96,587.58 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs 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 attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. ~'lI ._ "., '''"-''", !-, ~_. , ~ ~ ~~~~ ,- , 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 is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 ifthe buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have 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 that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff 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 distribution is filed. 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 , , , , I--/~- , '" 0 _ ~, '_'^ -7' -"'I ." ,~, ~,"~-~- .... -< . .. ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated May 24, 1971. BEGINNING at a point on the East side of Township' Road 520, said point being 1056 feet South of . the intersection of Legislative Route 21008; thence along an unnamed alley, South 78 degrees 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the North side. of another unnamed alley, thence along the North side of said alley North 78 degrees 50 minutes West 180 feet to a point on the East side of Townshij2 Road 520; thence along said Township Road, North 11 degrees 10 minutes East 80 feet to a point, the Place of BEGINNING. HAVING erected thereon a dwelling house known as and numbered 314 Zion Road, Mount Holly Springs, Pennsylvania 17065. ~~ieL:; ~~~~:REMISES IS. VESTED IN ~enneth R. Peck and Katerra L. Peck, husband and y . Larry L. Lehman and ClaudIa J. Lehman, husband and wife dated 7/1/94 a d recorded 7/8/94 III Record Book 108 Page 190. n TAX PARCEL #40-31-2185-041 -""^"'Y<h'~ "-, ~" " -r,>" ,-~ ~''''''"1!!~ " ,~, ~ ~'''~ r-~'r '~-<.-". . .~ , ~ =,~ "~M,,",,,~""',""__ .' 0 ",. 0 =. C c' -n :;:~ ...... 3: --I ~1J ~;~~ ~. ~::!! (7 -: ....,. /~: : -om (r)J--- :00 :::';".-: CJ 9.6 ll) rCln ~,: -~.' ~: :~c :8 _1-:..... <'~, 'S4o ~:f~, ...... Or-n 7 ~ ::3 c:> ~ -- I I I I 1 I :; '1 ! I 1 :'.1ifiij ~ .~4l~E:1I!,~ ~~"",,,,,,,,,,,,,",,,_~i'!l'~~' __,4_,,'.~'1''F.~~~~f!l!!~~i'Ai';'!(rr7i~_!1"JfJ..?'F'''''~'~\<iw;~'W!''m'Ffl\i,~.&jl~~"W",\~"':)'1!~""i1'!"r"',1'l';_'lW~"'~~m~~ v' - ~'>O ~-~ IN TIIE UNITED STATES BANKRUPTCY COURT FOl IE MIDDLE DISTRICT OF PENNSY: .NIA Kenneth R. Peck alkla Kenneth Peck Katerra L. Peck Bk. No.1 03-07241-MDF Chapter No. 13 Debtors Mortgage Electronic Registration Systems, Inc. 11 V.S.C. ~362 Movant v. N.IO llai.t. ....I"J&. I . Kenneth R. Peck aIkIa Kenneth Peck Katerra L. Peck a. 't. MAff S>flllf : Respondents CisIIk, U... "'" .k ORDER MODIFYING ~362 AUTOMATIC STAY AND NOW, this :J / ~y of j11~ , 2004, upon Motion of Mortgage Electronic Registration Systems, Ine., (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under ~362 of the Bankruptcy CQde 11 U.S.C. ~362 is modified with respect to premises 314 Zion Road, Mount HoUy Springs; PA 17065,.as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises and ORDERED that Rule 4001(a)(3) is not applicable and Mortgage Electronic Registration Systems, Inc. may immediately enforce and implement this Order granting relief from the automatic stay. L 181 MARY D. fRANCE .yS.Bankruptcy Judge cc: Judiih T. Romano, Esquire One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 .'~-,,,,-~,--. " -~.---..-,~ ;~--,-,-.';-", '::-'--.....-........-,,-,.,.."', ,> Charles J. DeHart, ill, Esquire (Trustee) P.O. Box 410 Hummelstown, P A 17036 James K. Jones, Esquire 7 Irvine Row Carlisle,PA 17013-3019 Kenneth R. Peck Katerra L. Peck 314 Zion Road Mount Holly Springs, P A 17065 ;t~~ ~--,\,_~,'1'_ _"" " ,~ '". t. .""'" ~""'-~~.>-~ FEDERMAN AND PHELAN BY: Michele M, Bradford, Esq. Atty. LD. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 . (7 1 ~) ~()'\- 7000 JUL 3 02001 ATTORNEY FOR PLAINTIFF ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. COURT OF COMMON PLEAS CNIL DNISION vs. CUMBERLAND COUNTY KENNETH R. PECK AfKJ A KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM ORDER AND NOW, this 31st day of :Jl.L~' 2001, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) KENNETH R. PECK AlKfA KENNETH PECK AND KA TERRA L. PECK, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 314 ZION ROAD, MOUNT HOLLY SPRlNGSP A17065. Service of the aforementioned mailiugs is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. TRUE :COPY FROM .REr:'O. RD' In Testimony wh fo' 'h"';' .!l.O'. . .' ..' er. ,I ete unto Set my hand and t sealof sa' C urt at.Ca ,. I. . n.. ! 3'.. . rIS~, "eI. f Thi ............1... L.:J I. J!! . . 0 I .,: "-.':;"'{f'... . .,~ . . . . 'H Protho'riot4f'V . BY THE COURT: /5/Ld (: J~~)n J. I l!dM~i1_~9~n:o!i~~~/c~)U,~ty .camp .,~.'li,c~ lilt,,,,,", ~, . =,",A~ " ." - ,~ ,," .. , ~" . "- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION KENNETH R. PECK, AlK/A KENNETH PECK KATERRA L. PECK NO. 01-3393 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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. 314 ZION ROAD. MOUNT HOLLY SPRINGS. PA 17065. 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH R. PECK, AlK/A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 2, Name and address ofDefendant(s) in the judgment: Same as abovEl 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None h . ~,r ' -f-'- - , ~- " '13T "', _r__ ow" " , ~ 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 1 VALLEY STREET, STE 103 CARLISLE, P A 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C's, Sec. 4904 relating to unsworn falsification to authorities. Mav 6. 2004 DATE ~ l\ ~ ~ Ii. oJ\. N'LO J1L; FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~'" .'.',','-'".,,- ,. ';- 'F-,,"_) ,-., :J! " >'", ""'" , .-~,,-,;'" ,>., ~,~-~ ,w>,-",,",'''~ ,-~, ~"- ",'~'<- '.-,.-,-""""""p- ,. 'llJl '~"'f[!lr"- 'J~-" - . " 0 f"''''::l =, 0 ~ =, '"I' .r' ~S-~ -. ~:8 ;:g~;~ -". :D" ;:~ --: r- eS -am ~:? ~1_~ c:> err [~ ~c:, --t{( ;J:;.;;o :::C :!i -, 00 ==c ..... Lrn Pc 9 c__ 1~ -" C) -< -< :!ij,-~ ~ " NWW1J1 _<_::ll),"J!~ 'if ~_ :11="""", .~, "<,",,,""~Ji'~'i?"'~~""'\~"~lP":'~!"';""9'"'~A'~"'i'fo\l~\<i!~H1'il!.w.;;Wi~:1':~~~~~;.~ r~'~'~~ -" - ~- , .... '. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 01-3393 KENNETH R. PECK, A/KfA KENNETH PECK KATERRA L. PECK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due * 0\ Interest from 9/l1!.Q4 to SEPTEMBER 8, 2004 (per diem -$15.88) $96,587.58 $17,372.72 and Costs TOTAL $113,96030 ~j)J\~~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ;'T.1 ",~ - ,--, _ L"," - -'~ '". - " .' J \ ~ \ J ~ 1)l J )" r~1 (L(J...II) ~ >- a: <:;) ~ .. wCl - 02 - u:Q :u:: 1..L,....!...,.. "<l: OJ-.' fO 0 CO:: t.!.JCL -' >- u:'!4:! .:: ~c:t ~ ~ -'" = <=> '" iioor;:!1 O~ 00> ~~ '"'00 ~Z Zz Oliiil ::g~ ::g . O~ UZ iioor;:J 00 ...U ~~ ;:J~ 8; Iiiilliiil ~~ Z;:J ...u >- ...... :z -'; 8~1 :~~ .-~~~f i16:! ~ ::> () ~,~,~ 1'- .~,-,,' ,,~- ,,,,-c,,.>.,,>>,,.,_,,_.,,,.,.,,._,,,,,",,, -""~""""'--'d~"'-""'--'"'-'-=i[r~c' ';'-'~";",-)Ji;lJr> nrT~<trlT'fi[ji\T 1,," ,. Ii'lli'l \C\C QQ r--r-- ,.., ,.., << ~~ oorJ'J "" zz ~Ha ~~ 0000 ~ ><>< '"''"' u Z '"''"' !l: 00 0 == ... u = ... ...... uZ ... ;:J zz i2": Iiiil u ;:J;:J .,;j ~~ ~'F 00 " 000 ::g::g i:: ~::g ~~ Iiiil = " ...Iiiil '" ~~ '" iioor 0 " u'" <~ 00:; .n IiiilOO ~..i .. 00 >> '"'~ ... .. '" ~ Sl~ ~~ S IiiilZ :l~ ~~ zz '" 1iiil0 00 .... " "... uliiil ~~ ... ... g. ~~ !l:~ 0'" NN p, iioor l5 .,...,.. ~ ,.., ,.., !:2... 1iiil6 '" '" " o~ ~ ~ ~ = ... ::g" u '" 1 ... '" ~ Iiiil ~ .;;; .a Z " '"0 ~ Z ,~ < ~ ~ ~ A ~ --:r- . :3 ~K - ~ - , ~ - - r.D ~ - ~ ~ ~ J . - :d3 - .. -;.. .. . .. .. ~ .. ~ .!J!. - .. .. ~ :::r- ~ .. - . ~ ::J- ('-~ J c::D , J 0., 0 t4 Q f V) --J o VJ \) ()o \J'. J 0 J () N) - .~O\" ~ <'<'l ~ VJ ~ () 0 0 ~ 0 .1t "::I lI.l N . ...,~~~ ~ (Y)-J L4 ~ <:'- ..... ~d. d. ...... l4 ::r .......... r( '0)- ~ - L, v, r( -.. ~ r~l~,~Jf, " '__ _" I!lI!!itJf,"'-"-~T,_~~~.l!~~ffiIi'i~~!l-'l}l'f!;'"-",r.:'ii~',:,, .-~'0"""'~"'O ,'F'-''':,'-h,,,!!,,.,''I,\~SWMl,.it~ZJ9B1\Cf.C.;':'n,jli'l";q'''i\'j1I'-t'ii~ffiWl-~~~OOF- ,-, ,,,,, ,,' ~ ~ '. I . '" ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with asurvey by Roy M. Benjamin, R.S., dated May 24, 1971. BEGINNING at a point on the East side of Township' Road 520, said point being 1056 feet South of the intersection of Legislative Route 21008; thence along an unnamed alley, South 78 degrees 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the North side of another unnamed alley, thence along the North side of said alley North 78 degrees 50 minutes West 180 feet to a point on the East side of Township Road 520; thence along said Township Road, North 11 degrees 10 minutes East 80 feet to a point, the Place of BEGINNING. HAVING erected thereon a dwelling house known as and numbered 314 Zion Road, Mount Holly Springs, Pennsylvania 17065. T~rL; rg~^irD PREMISES IS. VESTED IN Kenneth R. Peck and Katerra L Peck husband and . WI e y ~m Larry L. Lehman and Claudia J. Lehman, husband and wif~ dated 7/1/94 and recorded 7/8/94 III Record Book 108 Page 190. TAX PARCEL #40-31-2185-041 ',('!j - -~ . '-- '",~ . . ~=." WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3393 Civil CML ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From KENNETH R. PECK, AlK!A KENNETH PECK AND KATERRA L. PECK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $96,587.58 L.L. Interest FROM 9/11/01 TO 9/8/04 (pER DIEM - $15.88) - $17,372.72 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1227.43 Other Costs Plaintiff Paid Date: MAY 10, 2004 (Seal) CURTIS R. LONG Prothonot~ ny' 02 n--..e e .7?{mpr.,-- Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SmTE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 12248 ;W;?,,-~. ,,",J;rV"::'>,1T1,l~,_,,,,w ~. ,~-_ -:-' ~.,",'1 - ", , . Ij! FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PffiLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION KENNETH R. PECK, A/KIA KENNETH PECK KATERRA L. PECK NO. 01-3393 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is 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: o 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. Section 4904 relating to unsworn falsification to authorities, ~51. ~ ~~J\ rN I) f'L, FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .--,~~" , .- -- q , <,-.'.' ~ "-';-"-, . , "' ~- .""" ~ ,-_'-.)_' _o~_,~ ,~ <" ~_~-.' """'~'~'^''''~'"_''<''L.''<_''''"'',^ ',,_", "~~ .- .. ^Tlr- [5 (') ...., 0 = c = -n [0 .r.- s ::m: -l -Dr;. ::C'.." n-lp-' :D" rflp: -/"':<, -< -om .<:-- ~-" (~) ~1?', co :09 ....~ ~Q ~::. :P' :J: -H ,::- - "3: qo 7'-_-:' om ~=U PC -I Z, C) ~ -J -~ , 1-:- .~~ ~~ ." . ~"'~I ~, l!'!!r:jlIj~. j7~-~" ~~W~";;;;f-;Vf;ll'1ffl'!""-~""R!"',''''';'<-~-'''~_:~''''F''W~mHf:Oi:<lm~"f<~Il~~[J1\'i!>~~~~,'~~I\'-~:; ,., ~ Mortgage Electronic Registration Systems, Inc. VS Kenneth R. Peck a/k/a Kenneth Peck and Katerra L. Peck In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3393 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff s Costs: Docketing Poundage Levy Surcharge Prothonotary 30.00 1.52 15.00 30.00 1.00 $ 77.52 paid by attorney 06/18/04 Sworn and subscribed to before me :~.:~ This 2iM-'dayof Cl. , ~ #-.R (l R. Thomas Kline, Sheriff 2004, A.D. IAfu-()JnLil;,.c:~ ByJ~~ Prothonotary Real ate Deputy <> (to I, ~ ...n:UJ~ ~ //fJ-"0 1 ",,{j""~;", .,..!I!I"'" _"'" -~.- - c -''''"'''''''"'~--~'-l" " '- " MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, # COURT OF COMMON PLEAS v. CIVIL DIVISION KENNETH R. PECK, AIKIA KENNETH PECK KATERRA L. PECK NO. 01-3393 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC.. Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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. 314 ZION ROAD. MOUNT HOLLY SPRINGS. PA 17065. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH R. PECK, A/K1A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 2. Name and address ofDefendant(s) iu the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None " i""'~I!"\1 ,-,,"","., , . " ~..."'" ~, .' . if: W. 4. Name and address of last recorded holder of every mortgage of record: . Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL,INC. 1 VALLEY STREET, STE 103 CARLISLE, P A 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 Domestic Relations of Cumberland Connty 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisbnrg, P A 17105 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 6. 2004 DATE ~ ft ~ ~ ct0u'NJ)J)L; FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '-"\-."'. , ,-,. ~'" . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 01-3393 v. KENNETH R. PECK, A!K/A KENNETH PECK KATERRA L. PECK Defendant(s). May 6, 2004 TO: KENNETH R. PECK, A!K/A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS,PA 17065 KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 -'THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY." Your house (real estate) at, 314 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 20114 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $96,587.58 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs 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 attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 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, ,'~,,!, ~. ,n, _"'""_' '. ' , ,~ 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 PROPE.RTY AND YOU HAVE OTHE.R RIGHTS E.VE.N IF THE SHERIFF'S SALE. DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 iu the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. Ifthe 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 that time, the buyer may bring legal proceedings to evict you, 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff 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 distribution is filed. 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 7~~~.=->, ,~, , -' -' " ,_.,_. - , . ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland Connty, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated May 24, 1971. BEGINNING at a point on the East side of Township' Road 520, said point being 1056 feet South of the intersection of Legislative Route 21008; thence along an unnamed alley, South 78 degrees 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the North side of another unnamed alley, thence along the North side of said alley North 78 degrees 50 minutes West 180 feet to a point on the East side of Township Road 520; thence along said Township Road, North 11 degrees 10 minutes East 80 feet to a point, the Place of BEGINNING. HAVING erected thereon a dwelling house known as and numbered 314 Zion Road, Mount Holly . Springs, Pennsylvania 17065. ~~~L: ~~A~~:~MISES IS. VESTED IN ~enneth R. Peck and Katerra L. Peck, husband and y . rry L. Lehman and Claudia J. Lelnnan, husband and wife dated 7/1/94 and recorded 7/8/94 1D ReCGrd Book 108 Page 190. TAX PARCEL #40-31-2185-041 -~,~_...~..."q ^"-. '--H~ '/' r- .- ~-, ',4~"..,__~<;u::r c WRIT OF EXECUTION andlor ATTACHMENT , " COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3393 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From KENNETH R. PECK, AfKIA KENNEm PECK AND KATERRA L. PECK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirnlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $96,587.58 L.L. Interest FROM 9/11/01 TO 9/8/04 (PER DIEM - $15.88) - $17,372.72 AND COSTS Atty's Cornm % Due Prothy $1.00 Atty Paid $1227.43 Other Costs Plaintiff Paid Date: MAY 10, 2004 CURTIS R. LONG (Seal) prothono~ ~. n""l<2.iP Deputy ~AA.I"../ REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SmTE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 12248 -, -,., ,~ . ~ , ~" ~ !'i ~- -~ ~,~ <'><"'", Real Estate Sale #26 On June 10, 2004 the sherifflevied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, P A Known and numbered as 314 Zion Road, Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June lO, 2004 ByJ/ff"LhA y, A' I1-L Real E;t~e De;rtY I ~ ~ ~~ [~ [p 1IN';'^l,~SNN3d -j-'- " -1 '-,' i-, rO. Wd 1.11 ZI 011-" ~ilil'~1\i0:"'i "J:]l'In~ ~'i4l~lf\t ~1~1 ...Q ;;;"i4J1;l >'- .!1iF'i!l~""""!""P. ,~~~'#1.,<~R;;!iFI,I;>JW,",Jii!iJW~l'l!.ffi'i1~ll;!fUl:'lI'~)'il;3<"":'",;'::C;;"'~","i'W0'_'1 -, 'C,-,' '---":~,";I'-\-"'f,it'-W"~';'<;C!'~I"flf,\W?'"q~\'1~;-'f'l~""''''fI\Wf'~,~iW~~ffiWiIl~~~~ft'