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Home My WebLink About01-04477J~~ AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY No.01-4477 DEFENDANT(S) JAMES V. NEIDERT Type of Action SERVE JAMES V. NEIDERT AT -Notice of Sheriff s Sale 34 KIM ACRES DRIVE MECHANICSBURG, PA 17055 ,Sale Date: DECEMBER 5, 2001 -~- ` / SERVED ' / c~~r~~f~""", Served and made known to ya""' yet` ~/ ' ue , d,(e'tc,~ ~ (~ Defendant, on the ~ day of , 200 f at~o'clock~.m,at ~'C I~~""^ I'~~eS 11J'~.1 ~CC~~NiCS• lo~Y~c~ ,Cotnmonwealth of Pennsylvania, in the manner described below: ~_Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age;yLL~ I C~2A~NcC `„ ~Rtl a hue and correct copy of the the address indicated above. Swom to and subs bed I i bef e e s~ day Memt of 200. Nota ~ ~~ ~~~ On the _, Maned Other: day of Unlmown Sworn to and subscribed before me this day of ^, 200 _. Notary: Notanal Seal icy L. Heefner, Notary Public tbersburg Boro, F klin County ~mmission Exp' s ug. 5, 2002 'ennsyNeni S -ion of Notaries By: NOT SERVED 200_, at o'clock _.m, Defendant NOT FOUND because: No Answer Vacant By: Attorney for Plaintiff Frank Federman, Esquire - I.D: No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Height G ~ Weight aaS Race w~` Sex ~ Other ~~ a competent adult, being duly sworn according to law, depose and state that I personally handed ttice of Sheriff's Sale in the manner as se( forth herein, issued in the captioned case on the date and at c-, ~-. ~.... =; ~~ ~~` --~ „r, T _: ~- r ,,~_ -- _ ;> >_ =~ Y . ~FJ -=~, ~-~ E,~ __ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 72024-3632 COURT OF COMMON PLEAS CIVIL DIVISION TERM v. Plaintiff No. pl -'1,147?' CUMBERLAND COUNTY JAMES V. NEIDERT 34 KIM ACRES DRNE MECHANICSBURG, PA 17055 Defendant(s) NOTICE `tc) t.(,`~~, **THIS FH2M 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 BANE1tUPTCY AND THIS DEBT WAS NOT REAFFII2NIED, 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. L`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 aze served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or obj ecfions to the claims set forth against you. You aze warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 8500980 CIVII. ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSiJRE IF THIS IS THE FIItST NOTICE THAT YOU HAVE RECEIVED FROM TffiS 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 VALH)ITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THH2TY (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 REQUHZES 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. .Yr Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 72024-3632 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES V. NEIDERT 34 KIM ACRES DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 1/11/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1512, Page 1125. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 1/1/01 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." 6. The following amounts are due on the mortgage: Principal Balance $92,576.45 Interest 3,765.84 12/1/00 through 7/1/01 (Per Diem $17.68) Attorney's Fees 4,000.00 Cumulative Late Charges 223.41 1/11/99 to 7/1/01 Cost of Suit and Title Search 550.00 Subtotal $101,115.70 Escrow Credit 544.32 Deficit 0.00 Subtotal $ 544.32 TOTAL $100,571.38 7. The attomey's fees set forth above are inconformity 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. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regulaz and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. 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 Plaintiffls 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. WIIEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $100,571.38, together with interest from 7/1%01 at the rate of $17.68 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. ~i/ ~~8~ /s/Frank Federman FRANK FEDERMAN, ESQLIIItE Attorney for Plaintiff o~ Countryvuide® HOME LOANS Sentl COrtespondence to: P.O. Box 10227 Van Nuys, CA 91470-0?2f Sentl Payments to: P.O. Box 660694 Dallas, TX 752660694 Cen'rfietl Mail No. March 2, 2001 Retum Receipt Requestetl Regular Mail James V Neitlen 34 Kim Acres Drive Mechanicsburg, PA 17055-0000 Countrywide Account ri 8500960 Property Address: 34 Kim Acres Drive Mechanicsburg, PA 17055-0000 Currem Servlcer: Countrywide Home Loans, Inc. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. K you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help answer them. 'You may also want to comact an attorney in your area. The local bar associatlan may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL ~CONTENIDO DE ESTA NOTIFICACI()N OBTENGA UNA TRADUCCIbN INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WRH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 19113 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING MINANCE AGENCY. Please wdte your loan number on all checks and correspondence. BREACHPA 6/26/2000 Jemea V NeitlaR 6500960-1 sa Kim Acras Dove ni.wm62coo15hmnFtlwriee,x.seer>.a„x~mpw~.nimapuomwe.rmn.aMaw. $1,948.48 AS OF April 6, 2001 BRFACHPF Countryvvide° HOME LOANa P.O. Box 660694 Dallas, TX 75266-0694 Ilrrrlrlrlrrrlrlrllrrrllrrllrrrrllrrlrlrrrlrrllrirrrlrrlrrl.Il 850098010001948480194848 ~f~l~iT A This is an official notice that the mortaaae on vour home is in default, and the lender intends to foreclose. Speclllc IMOrmatian about the.nature of the defaultis orovlded In the attached Daces. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able to help to save vour home. This Notice explains how the oroaram works. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitletl to a temporary stay of foreclosure on your mortgage for thirty-tive (35) days from the date of this Notice. During that time you must arr~lge and attend a"face-to- Face" meeting wdh one of the consumer cretlit counseling agencies listed at the end oY thil4 Notice. THIS MEETING CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer cretlit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty-five (35) days after the date of this to-face meeting. Advise your lentler immediately of your necessary to scnedule one APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for Specific Information about the nature of your tlefau8.) If you have ided antl are unable to resolve this problem wtth 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 antl file a completed Homeowner's Emergency Assistance Program Application with ono of ffie designatetl consumer credit counseling agencies listed at the end of this Notice. Only consumer credo counseling agencies have applications for the program antl they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST he filed or postmarked w8hin thirty-five (35) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limdetl. They will be disbursed by the Agency untler the eligibility crkeria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) tlays to make a decision aver It receives your application. During that time, no foreclosure proceedings will be pursued against-you if you have met the time requirements set forth above. You will be notified tlirectty by the Pennsylvania Housing Finance Agency of its decision on 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 PURPOSESONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (K you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO $AVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT - Countrywitle Home Loans, Inc. (herelnaHer °Countrywitle") services your home loan. Your home loan is in serious default because you have not made your requiretl payments. The total amount now requiretl to reinstate your home loan as of the date of this letter Is as follows: Monthly Payments: $937.00 $7,874.00 late Charges: $37.24 Other Charges: Uncolledetl Late Charges: $74.48 Uncollected Costs: TOTAL DUE: $1,948.48 PAYMENTINSTRUCiIONS Please • Make your check payable to Countrywide Home Lawns • Wdle yogi ban gembef On yWrChepk of money ONe! • Write in any addgionalamounls you am inducting. (If total is mare than $5ooq please Send cetlitietl CheCk.) DonY agach yourcheck to the payment coupon oon't inclutle correspondence Don't serM Cash AtltlHlonal amounts II you donY specity the propose of atltlaonal amauna indutletl, we wA apply Ihem IIM W any oulslanding paymems, escrav tlenciendes, late charges anmor re~ tlue. We well then appy any remaining amounts as a primal reduction. If .~X H I B IT A you subme an atltltlbnal ptlnppel payment wim your home ban payment, Counkywide will first appry your home loan payment, then the atltlitwwnal principal paymep. Vour loan must 0e anent be/ore we wn appty any ptlnppal redupion. HOW TO CURE THE DEFAULT- You may Cure this tlefautt within THIRTY-FIVE (35) DAYS of the date of this letter, by paying to us the above amount of $7,948.49, plus any additional monthly payments, late charges, fees and other applicable charges which may fall due during this period. Such payment must be in the form of Certified check, cashier's check or money order, antl matle payable to Countrywltle at P.O. Box 660694, Dallas, TX 75266-0694. If your check qr other payment is returned to us for insuKicient funds or for any other reason, you will not have cured your default. No extension of time to cure will be grantetl tlue fo a returnetl payment. If ycu tlo not cure this tlefautt within THIRTY-FIVE (35) DAYS, we will accelerate the payments due on your home loan. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the Chance [0 pay off your home loan in monthly installments. If the full payment of the amount in tlefautt is not made within THIRTY-FIVE (35) DAYS, we also Intend to immediately start a lawsuit to foreclose on your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - If the mortgage Is foreclosed, the mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the tlefautt is curetl before we begin legal proceetlings, Countrywide will be entttletl to collect the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started, Countrywide will be entitled to collect the reasonable attorney's fees even "rf they are over $50.00. Any attorney's fees will be adtletl to the secured debt, which may also include our reasonable costs. If you cure the default within the THIRTY-FIVE (35) DAV period you will not be required to pay attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON- EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER REMEDIES -The lentler may also sue you personally for the unpaitl principal balance antl all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO FORECLOSURE SALE - If you have not cured the default wtthin the THIRTY-FIVE (35) DAY period and foreclosure proceetlings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the foreclosure sale. You may do so by paying the total amount then past tlue,_ plus any Tate or other charges then due, reasonable attorney's fees and costs connectetl with the foreclosure sale and any other hosts connected wtth the foreclosure sale as specttietl in writing by the lender and by performing any other requirements antler the mortgage. Cudng your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaultetl. EARLIEST POSSIBLE FORECLOSURE SALE DATE - It is estimated that the earliest date that a foreclosure sale coultl be held would be approximately sac (6) months from the tlate of this letter. A notice of the date of fhe foreclosure sale will be sent to you before the sale. You may find out at any time exactly what the required payment will be by calling us at the following number: 600-669-6654. This payment must be in the form of a cashier's check, certified check or money order and made payable to us at the atltlress stated above. If the tlefautt is cured, the mortgage will be restored to the Same position as If no default had occurretl. However, the defauR may not be cured more than three (3) times in any calentlar year. Name of Lender: Countryw/de Nome Loans, Inc. Address: P. O. Box 10221 Van Nuys, CA 91410-0221 Phone Number: 800669-6654 Fax Number: 1-605-577.3432 Comact Person: MelanM Carrillo, MS SV-34 Attention: Loan Counselor EFFECT OF FORECLOSURE SALE -You should realize that a foreclosure sale will end your ownership of the mortgaged property and your fight to remain in it. If you continue to live in the property after the Sherttf's sale, a lawsuh fo remove you and your furnishings and other belongings coultl be startetl by Countrywide at any time. ASSUMPTION OF MORTGAGE -Contact Countrywide Home Loans for information on the possible assumability of your loan. 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 CURCD BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF VOU CURE THE DEFAULT. (HOWEVER, VOU 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 ANV OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW Pursuant to your home Iqan documents, and because the home loan is in default, Countrywide may, at its option, enter upon and contluct an inyection of the property. The purpose of this inspection is to observe the physical condition of the property, to ver"rfy that the property is occupied and/or to determine the Identity of the occupant. The cost of any such inspection will be adtletl to antl become part of, the securetl debt as provitled under the terms of the home loan documents. EXHIBIT a :,~ .,,A, If you are unable to cure your default on or before April 6, 2001, Countrywide wants you to aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your props .For example: • Reoavment Plan: It is possible that you maybe eligible for some form of payment assistance through Countrywide. Our basic plan requires that Countrywitle receive, up front, at least Yz of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthy payment, over a tlefinetl period of time. Other repayment plans also are available. • Loan Modification: Alternatively, k is possible that the regular monthly payments can be lowered-through a modification of the loan by,retlucing the Interest rate and then adding the delinquent payments to the current loan balance. This foreclosure akernative, however, is limited to certain loan ypes. • Sale of Vour Prooertv: Alternatively, 'rf you are willing to sell your home in order to avoid foreclosure, k is possible that the sale of your home can be approvetl through Countrywitle even if your home is worth less than what is owed on it. • Deed-in-Lieu: Alternatively, 'rf your property Is free from other Ilens or encumbrances, and k the tlefault is tlue to a serious financial hardship which is beyontl your control, you may be eligible to tleed your properly directly to the Noteholtler and avoid the foreclosure sale. If you are Interested in tliscussing foreclosure alternatives with Countrywitle, you must contact us immediately. If you request assistance, Countrywitle will tletermine, in its sole tliscretion, whether such assistance will be extended to you. In the meantime, Countrywitle will pursue all of its rights and remedies untler the home loan documents and as permidetl by law, unless it agrees otherwise in wrking. Please be advised that failure to bring me home loan current or to enter into a wrkten agreement as outlined above will result in the acceleration of the tleb[. Time is of the essence. Should you have any questions concerning this notice, please contact Countrywide's office immediately of 800-669-6654, extension 7556. 'IL~LR.K4P. ~WULC~PO~ Melanie Carrillo Loan Counselor 800-669-6654, Extension 7556 Please be advised that this communication is from a debt collector. EXHIBIT A PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming-Clinton Counties Commision for CCCS of Northeastern PA Cotnmwiry Action (STEP) 1631 South Atherton St., Suite 100 2138 Linwln Street P.O. Box 1328 State College, PA 16801 Williamsport, PA !7703 (814) 238-3668 FAX (814) 238-3669 (570) 326.0587 FAX (570) 322-2197 CCCS ofNortheastem PA 201 Basin Street Williamsport, PA 17703 (570) 323-6627 FAX (570) 323-6626 3l W. Market Street P081127 - Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 COLiJb1BG COUNTY Commission on Economics Opportunity of Luume Cowry 163 Amber Lane Wilkes-Barre, PA 18702 (570) 326.05 i0 or (800) 822-0359 FAX (570) 829-1665-(Call Before Faxiog) (570) 455994 Hazeltawn FAX (570) 455-563 i~Call Before Faxing) (570) 836.4090 Tunkhawack CRAWFORD COUNTY Hooker T. Washington Center 1720 Holland Center Elie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 20'" Street Erie, PA l6i IO (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg PA 17102 (717)541-1757 Urban League of Metropolitan Harrisburg N. 6i° Stree[ Harrisburg PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region I S l4 Derry Street Harrisburg PA 17104 (717) 232-9757 FAX (717) 234-2227 CUMBERLAW COUNTY 1400 Abington Executive Park Suite 1 Clarks Summit, PA 18411 (570)587.9163 or (800) 922-9537 FAX (570) 587-9134.9135 Greater Erie Community Action Committee IS West 9'"Sveet Erie, PA 16501 (814) 459.4581 FAX (814) 456-0161 Shenango Valley Urban League, inc. 601 Indiana Avenue Farrell, PA 16121 (4!2)981-5310 Financial Counseling Services of Franklin 31 West 3ie Srreet " Waynesboro, PA 17268 (717)762-3285 YWCA of Carlisle 301 "G"Street Carlisle, PA 17013 = (717) 243-3818 FAX (717) 731-9589 Adams Cowry Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 {717)334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, N0.23. JUNE 3, 1999 EXHIBIT A ~~ . ~t THAT CERTAIN rraer or pores! ojland and pramirer. situate, tying and being fn tGe Township of Upper Allen irs the County of Cumberland and Conunonw<ahh ojPennrylvania, more yartlcutarly detcrlbed as jallowr: BEGINNING at a point in the Eastern line of Spring Run Drive (65 feat wide), which said paint is in the division line between Lots Nas. 39 and 40 on the hereinafter mentioned Plan of Lota; thence along the division line between Lots Noa. 39 and 40, south 74 degrees 36 minutes 83at, one hundred seventy-two and nine one-hundredths (172.09) feet to a point in the line of lands now or late of Mt. Allen Heights Corporation; thence aionq the same, South 12 degrees 34 minutes Weat, Piety-three and seveuty-five one-hundredths (53.75) Peet to a point in the Northern line oP Rim Acres Drive; thence along the Northern line of Rim Acres Drives, South 83 degrees 24 minutes Weat, one hundred fifty-five and sixty-one one-hundredths (155.61) Peet to a point; thence by the same, in a Northwesterly direction by the are of a circle curving to the right, said, circle having a radius oP twenty (20) feat, the arc distance eP thirty-eight and two one-hundredths (38.02) feet to a point in the Eastern line Of Spring Run Drive, aforesaid; thence along the Eastern line o£ Spring Run Drive, North 12 degrees 19 minutes East, sixteen and thirty-four one-hundredths (16.34) £eet to a point; thence by the same, in a Northerly direction by the arc eE a circle curving to the sight, said circle having a radius of Fourteen hundred sixty-seven and Fifty one-hundredths (2467.50) fact, the are distance of seventy-eight and twelve one-hundredths (78.12) feat to a point in the division Sine between Lots Nos. 39 and 40 aforesaid, the point wr and place of BEGINNING'. BEING Lot No. 39 in the Plan of Spring Run Acres, Section 3, which said Plan ie recorded in the Cumberland County Recorder's Office in Plan Book 19, Page •29. HAVING thereon erected a brink and aluminum bi-level dwelling house known ae 34 Kim Acres Drives. SUHJSCT to restrictions as contained in prior deeds. BRING the same premises which Barold-R. Spencer and Kathleen Spencer, his wife, by Deed dated November 15, 1977 and recorded November 16, 1977 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Hook N-27, Page 295, granted and conveyed unto Allan L. Asper and Donna M. Asper, his wife, Grantors herein. PREMISES: 34 KIM ACRES DRIVE VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COiINTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification; and that the statements made in the foregoing Civil Action in Mortgage Foreclosure aze 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: G ~6~, ~ ~ ~ ~'t ~ ~~~~~ ~ C`i ~ ~ ~~ ~} _ ~- ~ bs. _ .~d~M1R14aNf5A'A~°Y~st~~~ _ .4~T .~~~'-au. ~c_ ~Kd'< w. tZia ~~2a'Y~rFi~"F~°+stiRm v~~.;_~,, SHERIFF'S RETURN -.REGULAR CASE NO: 2001-04477 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS NEIDERT JAMES V DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JAMES V the DEFENDANT at 1558:00 HOURS, on the 26th day of July 2001 at 34 KIM ACRES DRIVE MECHANICSURG, PA 17055 JAMES V NEIDERT by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.80 Affidavit .00 Surcharge 10.00 .00 35.80 Sworn and Subscribed to before me this ) ~` day of ~,,,,F- dob/ A . D . r thonotary So Answers: ~- R. Thomas Kline 07/27/2001 FEDERMAN & PHELAN By ~ ~Ci-!.L'~YI Deputy Sheriff • FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 X215) 563-7000 COUNTRYWIDE IIOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 72024-3632 Plaintiff vs. JAMES V. NEIDERT 34 HIM ACRES DRIVE MECHANICSBURG, PA 17055 Defendant(s) Attomey for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4477 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against JAMES V. NEIDERT, 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 $100,571.38 Interest 7/1/01 TO 8/28/01 $1,043.12 TOTAL $101,614.50 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ - PRO RO **TIHS FHiM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WII.L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DLSCHARGE 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. ** SHERIFF' S RETURN - REGLT~.~A.'Z CASE NO: _2001-04477 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS VS NEIDERT JAMES V DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NEIDERT JAMES V the DEFENDANT at 1558:00 HOURS, on the 26th day of July 2001 at 34 KTM ACRES DRIVE MECHANICSURG, PA 17055 by handing to JAMES V NEIDERT a true and attested copy of COMPLAINT - MORT FORE together with \,\ and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.80 Affidavit .00 Surcharge 10.00 .00 35.80 Sworn and Subscribed to before me this day of A.D. So An((s~~wers R. Thomas Kline 07/27/2001 FEDERMAN & PHELAN Deputy Sheriff Prothonotary FEDERMAN AND PHELAN, L.L.P. ' Frank Federman, Esquire Identification No. 12248 ATTORNEY FOR PLAINTIFF One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS, INC. CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO. 01-4477 JAMES V. NEIDERT Defendant(s) TO: JAMES V. NEIDERT 34 KIM ACRES DRIVE MECHANICSBURG,PA 17055 DATE OF NOTICE: AUGUST 16, 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 enter~itten appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff UNITED STATES BANKRUPTCY COURT FOR M C~~~,q THE MIDDLE DISTRICT OF PENNSYLVANIA ~ ~M~' IN RE: . y~~s James Vincent Neidert t/a Cappuccino Consignments Bk. No. 01-01420 R ~7 6 Ua Health Quote Services Tracy Lynne aka Tracy Mowery aka Tracy Walk Chapter No. 7 Debtors Countrywide Home Loans, Inc. Movant 11 U.. . V' FILED HARRIRS~IURG James Vincent NeidertUa Cappuccino Consignments i Ua Health Quote Services JUI_ ~ 2 2CC1 Tracy Lynne aka Tracy Mowery aka Tracy Walk Y Respondents Clerk, U.S. Bankruptcy Court ORDER / AND NOW, this ' d,~ day of J U `~ , 2001, upon consideration of the Motion for Relief and Motion for Default of Movant, Countrywide Home Loans, Inc., it is hereby ORDERED that the Order for Relief be entered by default with respect to premises at 34 Kim Acres Drive, Mechanicsburg, PA 17055, to allow the Movant to foreclose on its mortgage, which mortgage was recorded in Cumberland County, in Mortgage Book 1485, Page 161, to al]ow the Movant to foreclose on its mortgage, and allow the purchase of said premises at Sheriff's sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises. By the Court: Robert J. Woodside, Bankruptcy Judge cc: Judith T. Romano, Esquire James Vincent One Penn Center at Suburban Station Tracy Lyrme Walk 1617 John F. Kennedy Blvd., Suite 1400 34 Kim Acres Drive Philadelphia, PA 19103-1814 Mechanicsburg, PA 17055 Dorothy L. Mott, Esquire Lawrence G. Frank, Esquire (Trustee) 114 South Street 2023 Norih Second Street Harrisburg, PA 1710] Harrisburg, PA 17102 FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff vs. JAMES V. NEIDERT Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-4477 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 JAMES V. NEIDERT is over 18 years of age and resides at 34 HIM ACRES DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to tmsworn falsification to authorities. FRANK FEDERMAN Attomey for Plaintiff (Rule of Civil Procedure No. 236 -Revised) COUNTRYWIDE HOME LOANS, INC. Plaintiff vs. JAMES V. NEH)ERT CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-4477 Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on ~t 2000. t,cq~r1- a v~ aoa v ~ ~ 1> h f13$PUTY If you have any questions concenvng this matter, please contact: FRANK FEDEl2MAN, ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (2151563-7000 **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 BANIQiUPTCY AND THIS DEBT WAS NOT REAFFII2MED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ~.~ (a O vt ~1 ~? li c' ~:~ ~ ~,A ~, (~ 7 C ; `~_ _ \ ~ ;:' ~ ~?' __ _ -~ _~ COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. JAMES V. NEIDERT Defendant(s). NO.Ol-4477 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) COUNTRYWIDE HOME LOANS, 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 34 HIM ACRES DRIVE, MECHANICSBURG, PA 17055 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) JAME5 V. NEIDERT 34 HIM ACRES DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 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.) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION None r 4. COMMUNITY BANK OF 107 FREE COURT NORTHERN V.A, STERLING, VA 20164 MEMBERS 1sT FEDERAL 5000 LOUISE DRIVE CREDIT UNION MECHANICSBURG, PA 17055 BLAZER CONSUMER DISCOUNT CO. 9-A NO. PROGRESS AVE. HARRISBURG, PA 17128 5. None 6. 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.) 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.) Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has laiowledge who has any interest in the property, which maybe affected by the sale: NAME Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 34 HI1VI ACRES DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 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 of 18 Pa. C.S. Sec. 4904 relating tc Au~tlst 30.2001 DATE ~, a r~~ c:, ~ ._~ ,; "' /,/7 _ 1 ~ 1 r?Y G ~ , ~ -: G. -0 '...)r'- i ~e r'_'~ ~] ._ ~` ~ G sr i-r ~ -} ~~ k ''~J -G Crl C - SALE DATE: DECEMBER 5, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW COUNTRYWIDE HOME LOANS, INC. No.: O1-4477 vs. JAMES V. NEIDERT AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 34 KIM ACRES DRIVE. MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. November 30, 2001 CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS, INC. No.: 01-4477 vs. JAMES V. NEIDERT SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 2) 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 34 KIM ACRES DRIVE, MECHANICSBURG, PA 17055: 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) 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) COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. JAMES V. NEIDERT Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, 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 34 HIM ACRES DRIVE. MECHANICSBURG, PA 17055 CUMBERLr1ND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.01-4477 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) JAMES V. NEIDERT 34 HIM ACRES DRIVE bIECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST Ki~IOWN 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 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.) COMMUNITY BANK OF 107 FREE COURT NORTHERN V.A. STERLING, VA 20164 MEMBERS 1sT FEDERAL 5000 LOUISE DRIVE CREDIT UNION MECHANICSBURG, PA 17055 BLAZER CONSUMER DISCOUNT CO. 9-A NO. PROGRESS AVE. HARRISBURG, PA 17128 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 maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address caanot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has Imowledge 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 34 HIM ACRES DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Boa 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit aze true and correct to the best of my personal lrnowledge or information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating tc Aueust 30, 2001 DATE 4 ?_ c t" . 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'- C. , r ~^: ,v-. _ r__ (.) { ,nenP;~9 aw •: -. ce; a32~ rs~K~..~•i>,~~ sr sa~2nYtW~'n~e!'~?'+ k COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. No. 01-4477 JAMES V. NEIDERT Defendant(s). August 30, 2001 TO: JAMES V. NEIDERT 34 HIM ACRES DRIVE MECHANICSBURG, PA 17055 **THIS FIItM 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 34 HIM ACRES DRIVE, MECHANICSBURG, PA 17055is 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 obtained by COUNTRYWIDE HOME LOANS. INC. (the mortgagee) against you. If the Sheriff's sate is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff's Sale. 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: 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 maybe 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. You may need an attorney to assert your rights. The sooner you contact one, the more chance }rou will have of stopping the sale. (See notice on page two on how to obtain an attomey.) ~.'OU 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling X15) 563-7000. 2. You maybe 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 (7I7) 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 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 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, PA 17013 (71'n 249-3166 (800)990-9108 ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE '', TOWNSHIP OF UPPER ALLEN IN THE COUNTY OF CUMBERLAND AND COMh1ONWEALTH OF ' PENNSYLVANIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: j BEGINNING AT A POINT IN THE EASTERN LINE OF SPRING RUN DRIVE (65 FEET WIDE), WHICH SAID POINT !S IN THE DIVISION LINE BETWEEN LOT NOS. 39 AND 40 ON THE HEREINAFTE(2 MENTIONED PLAY OF LOTS: l' THENCE ALONG THE DIVISION LINE BETWEEN LOT NO5.39 AND 40, SOUTH 74 DEGREES 38 MINUTES EAST, 1 ONE HUNDRED SEVENTY-TWO AND NINE ONE-HUNDREDTHS (172.09) FEET TO A POINT IN THE LINE OF LANDS NOW OR LATE OF MT. AGLEN HEIGHTS CORPORATION; THENCE ALONG THE SAME, SOUTH l2 DEGREES 34 MINUTES WEST, FIFTY-THREE AND SEVENTY-FIVE ONE-HUNDREDTHS 03.75) FEET TO A POINT IN THE NORTHERN LINE OF KIM ACRES DRIVE; THENCE ALONG THE NORTHE&~ LINE OF KIM ACRES 'i DRIVE, SOUTH 83 DEGREES 24 MINUTES WEST, ONE HUNDRED FIFTY-FIVE AND SIXTY-ONE ONE HUNDREDTHS (li5.61) FEET TO A POINT; THENCE BY THE SAME, IN A NORTHWESTERLY DIRECTION BY THE ARC OF A CIRCLE CURVING TO THE RIGHT, SAID CIRCLE HAVING A RADIUS OF TWEYTY (30) FEET, THE 'i ARC DISTANCE OF THRITY-EIGHT AND TWO ONE-HUNDREDTHS (38.02) FEET TO :~ POINT IN THE EASTERN ai LINE OF SPRING RUN DRIVE, AFORESAID; THENCE ALONG THE EASTERN LINE OF SPRING RUN DRIVE, NORTH 12 DEGREES 19 MINUTES EAST, SIXTEEN AND THIRTY-FOUR ONE-HUNDREDTHS (16.34) FEET TO A i POINT; THENCE BY THE SAME, IN A NORTHERLY DIRECTION BY THE ARC OF A CIRCLE CURVING TO THE -~ RIGHT, SAID CIRCLE HAVING A RADIUS OF FOURTEEN HUNDRED SIXTY-SEVEN AND FIFTY ONE- ?~ HUNDREDTHS (1467.50) FEET, THE ARC DISTANCE OF SEVENTY-EIGHT AND TWELVE ONE-HUNDREDTHS ( (78.12) FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS NOS. 39 AND 40 AFORESAID, THE POINT AND F PLACE OF BEGINNING. G BEING LOT N0.39 IN THE PLAN OF SPRING RUN ACRES, SECTION 3, WHICH SAID PLAN IS RECORDED IN ' CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 19, PAGE 29. HAVING THEREON ERECTED A BRICK AND ALUMINUM BI-LEVEL DWELLING HOUSE KNOWN AS 31 KIM ~i ACRES DRIVE. Property Address:.S Kim Acres Drive. Mechanicsburg, PA 17055 TAX L D. ~ 42-?3-2421-185 ;~ ~aaA.mwrm.,,: CS C C7 ,w.. r. . . `^ cI? _: ~~ i ^ = F'~7 , f -s ~ ~~ ~;~:.. G ^ ' ;.,.., - ~` ~ . 1Z f~ I ~, <~ CJ Y K K Y PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RC.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, ~, No. 01-4477 JAMES V. NEIDERT Defendant(s). . TO THE DII2ECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 8/28/01 to 12/5/01 (per diem - $16.70) TOTAL pNE PENN SUITE 1400 PHILADEL] Attorney'for $101,614.50 $1,653.30 and Costs $103,267.00 at SUBURBAN STATION 19103 Note: Please attach description ofproperty.No. .. , .;. 0 r d W C7 a U ~. w~ z x O~ O U W ,~~ ~ ~ a~ v~ WUW_ W b a a A w~ ~ A ~ OZ O h ~w ~. O O WCa ;!; C ~ c A ~ ~" ° ~ W ~" z U ~ ~ ~ U p, w - U ~ sa"~ -~ Q i~_ J. L`.s L~~ ~ y ~ ~ lr~j ~ , - ~ 9 ~ ~ ~~ /1 ~ Lti ~ m t i ~ ~r 710.. /~ ~ ~ V 0 ~~ ~ ~- ~J',~3m§F55fi+a~ a _. >~d,• w"~'._ . x&rSS~ft_ _. 9 ~~ ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF UPPER ALLEN IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERN LINE OF SPRING RUN DRIVE (65 FEET WIDE), WHICH SAID POINT IS IN THE DIVISION LINE BETWEEN LOT NOS. 39 AND 40 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE DIVISION LINE BETWEEN LOT NOS. 39 AND 4Q SOUTH 74 DEGREES 38 MINUTES EAST, ONE HUNDRED SEVENTY-TWO AND NINE ONE-HUNDREDTHS (172.09) FEET TO A POINT IN THE LINE OF LANDS NOW OR LATE OF MT. ALLEN HEIGHTS CORPORATION; THENCE ALONG THE SAME, SOUTH 12 DEGREES 34 MINUTES WEST, FIFTY-THREE AND SEVENTY-FIVE ONE-HUNDREDTHS (53.75) FEET TO A POINT IN THE NORTHERN LINE OF KIM ACRES DRIVE; THENCE ALONG THE NORTHERN LINE OF KIM ACRES DRIVE, SOUTH 83 DECREES 24 MINUTES WEST, ONE HUNDRED FIFTY-FIVE AND SIXTY-ONE ONE HUNDREDTHS (155.61) FEET TO A POINT; THENCE BY THE SAME, IN A NORTHWESTERLY DIRECTION BY THE ARC OF A CIRCLE CURVING TO THE RIGHT, SAID CIRCLE HAVING A RADIUS OF TWENTY (20) FEET, THE ARC DISTANCE OF THRRTY-EIGHT AND TWO ONE-HUNDREDTHS (38.02) FEET TO A POINT [N THE EASTERN LINE OF SPRING RUN DRIVE, AFORESAID; THENCE ALONG THE EASTERN LINE OF SPRING RUN DRIVE, NORTH l2 DEGREES 19 MINUTES EAST, SIXTEEN AND THIRTY-FOUR ONE-HUNDREDTHS (16.34) FEET TO A POINT; THENCE BY THE SAME, IN A NORTHERLY DIRECTION BY THE ARC OF A CIRCLE CURVING TO THE RIGHT, SAID CIRCLE HAVING A RADIUS OF FOURTEEN HUNDRED SIXTY-SEVEN AND FIFTY ONE- HUNDREDTHS (1467.50) FEET, THE ARC DISTANCE OF SEVENTY-EIGHT AND TWELVE ONE-HUNDREDTHS (78.12) FEET TO A POINT IN THE DIVISION L[NE BETWEEN LOTS NOS. 39 AND 40 AFORESAID, THE POINT AND PLACE OF BEGINNING. BEING LOT N0.39 IN THE PLAN OF SPRING RUN ACRES, SECTION 3, WHICH SAID PLAN IS RECORDED IN CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 19, PAGE 29. HAVING THEREON ERECTED A BRICK AND ALUMINUM BI-LEVEL DWELLING HOUSE KNOWN AS 34 KIM ACRES DRIVE. Property .4ddress:4 Kim Acres Drive, Mechanicsburg, PA 17055 TAX 1. D. # 42-23-2421-185 _ .~~,.rt.,,. V FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. JAMES V. NEIDERT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-4477 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. c ~' ~_' z~i f ~ ~ ~ ~~~~ - ~ `~' ~~ µ; °'r ' cr! ~ -, au~cu~RN~?t~u.~1~ cL" ,.-,;-,:. ,c.:,.-+u.3%~"'se+ia<Y'hr@ av+~ara4 ias,`s ,.t~w3.' +pn e STATE OF PENNSYLVANIA, ~ ss. COUNTY OF CUMBERLAND Robert P Ziegler h ---°-----------------------------------------------'~--°-------------------- Recorder of Dads in and Lor said County and State do~hetcby certify that the Sheriffs Deed in which ________________ Federal Natl Mtg Assoc ------------------------------------------------------------------------------------is the grantee the same having been sold to said grantee on the __--_-- 5th------------------------------------ day of ---_ Dec O1 --- under and b virtue of a writ______________ ^---Execution ----------------issuedon the -----_----_-- ---------------- ------------------------ Sept day of __________________________ A. D., 01____, out of the Court of Cottunan Pleas of saidOCjounty•as of Civil Ol -----°------------------------•.-----------------------------------------°------- Term,: .----- 4477 Countrywide HOme Loans Inc Number --------------+atthesuitof-----------------------------------------°-------------------- James V Neidert -°'-__-'_-_-'-_-____-°_'__'_----- against---------------------------------------------------- n 881 dnlyreeordedinSheriffsDeedBookNo._ 250_----- Page____________. IN TESTIMONY WHEREOF, I have hereunto 0 set my hand and seal of said office this ______-____ day of --- ------e--~-------°-------- A. D., ~--- .. _ T __" -----°----------- Recorder of Deods Countrywide Home Loans, Inc. In The Court of Common Pleas of VS Cumberland County, Pennsylvania James V. Neidert Writ No. 2001-4477 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 20, 2001 at 4:49 o'clock P.M., E.D.S.T., he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: James V. Neidert, by making known unto James Neidert personally at 34 Kim Acres Drive, Mechanicsburg, Pennsylvania, its contents and at the same time handing to him personally the said true attested copy of the same. Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 28, 2001 at 5:18 o'clock P.M., E.D.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James V. Neidert, located at 34 Kim Acres Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: James Neidert by regular mail to his last known address, 34 Kim Acres Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of October 2, 2001 and never returned to the Sheriffls Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for the sum of $95,000.00 to Attorney Frank Federman for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $2,973.73, it being costs. Sheriffs Costs Docketing $30.00 Poundage 1900.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 13.00 Certified Mail 2.44 :,,,-,~ Levy 15.00 Surcharge 20.00 Legal Search 200.00 Law Journal 372.35 Patriot News 272.28 Share of bills 25.66 Distribution of proceeds 25.00 Sheriff s Deed 26.50 $2,973.73 Sworn and Subscribed to Before Me This 5'~ Dayof 2003 A.D. r thonotary So Answers: ~°~ ~~ R. Thomas Kline, Sheriff B _- ~U ~W~•C~ Real state Deputy ~~ 3o.~v (;o. 1, C~ 3~3v~ i.~/Y`3~ A, TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 32 Held Wednesday, December 5, 2001 Date: December 5, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfded Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2001, and recorded 2001, in Cumberland County Deed Book ,Page RECITAL: BEING the same premises which Allan L. Asper and Donna M. Asper, husband and wife, by deed September Z0, 1995 and recorded September 28, 1995 in the Office of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania in Deed Book 128, Page 984, granted and conveyed to James V. Neidert, single individual. OTHER EXCEPTIONS: The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of 65 feet wide Spring Run Drive and in the roadbed of 50 feet wide Kim Acres Drive. 6. Building setback lines, conditions and restrictions as shown on or set forth on the Subdivision Plat Section 3 of Spring Run Acres recorded in Cumberland County Plan Book 19, Page 29. Subject to drainage easements along the eastern 25 feet of the subject premises. 8. Building and use restrictions imposed by deed of Paul T. Sheazer and Russell S. Eberly, co-partners trading and doing business as Spring Run Acres, recorded in Deed Book "T," Volume 22, Page 394. 9. Mortgage in the amount of $97,000.00 given by James V. Neidert to Country Wide Home Loans, Inc. dated January 11; 1999 and recorded January 13, 1999 in Mortgage Book 1512, Page 1125. Complaint filed by Country Wide Home Loans, Inc. as Plaintiff against James V. Neidert as Defendants on January 24, 2001 in the Office of the Prothonotary to fIle No. 01-4477. Default judgment in the amount of $101,614.50 entered August 30, 2001. 10. Mortgage in the amount of $23,00.00 given by James V. Neidert to Member's First Federal Credit Union dated September 24, 1998 recorded September 28,1998 in Mortgage Book 1485 Page 161. Said mortgage was postponed in favor of mortgage recorded in Mortgage Book 1512, Page 1125 by subordination dated May 25, 1999 and recorded May 28, 1999 in Miscellaneous Record Book 614, Page 436. 11. Mortgage in the amount of $10,671.00 given by James V. Neidert to Blazer Consumer Discount Company dated February 1, 1999 and recorded February 3, 1999 in Mortgage Book 1517, Page 827. 12. Rights granted to Pennsylvania Power and Light Company by instrument recorded July 8, 1957 in Miscellaneous Record Book 129, Page 154. 13. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded September 19, 1958 in Miscellaneous Record Book 138, Page 285. 14. Rights granted to Pennsylvania Power and Light Company by instrument recorded December 8, 1958 in Miscellaneous Record Book 147, Page 205. 15. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded June 13, 1966 in Miscellaneous Record Book 174, Page 381. 16. Rights granted to Pennsylvania Power and Light Company by instrument recorded June 15, 1966 in Miscellaneous Record Book 175, Page 310. 17. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded January 30, 1968 in Miscellaneous Record Book 181, Page 48. 18. Rights granted to Mechanicsburg Gas and Water Company by instrument recorded January 20, 1909 in Miscellaneous Record Book 28, Page 427. 19. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 'r 20. Real estate taxes accruing on and after January 1, 2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bi111412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~~,-~~ Robert G. Frey, Agent Note: This Title Report shall not be valid or until countersigned by an authorized signatory ` ,. REAL ESTATE SALE NO. 32 Writ No. 2001-4477 Civil Countrywide Home Loans, Inc. vs. James V. Neidert Atty.: Frank Federman ALL THAT CERTAIN tract or paz- cel of land and premises, situate, lying and being in the Township of Upper Allen in the County of Cum- berland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point in the eastern line of Spring Run Drive (65 feet wide), which said point is in the division line between Lot Nos. 39 and 40 on the hereinafter men- tioned plan of lots; thence along the division line between Lot Nos. 39 and 40, South 74 degrees 38 min- utes East, one hundred seventy-two and nine one-hundredths (172.09) feet to a point in the line of lands now or late of Mt. Allen Heights Corporation; thence along the same, South 12 degrees 34 minutes West, fifty-three and seventy-five one-hun- dredths (53.75) feet to a point in the northern line of Kim Acres Drive; thence along the northern line of Kim Acres Drive, South 83 de- grees 24 minutes West, one hun- dred fifty-five and sixty-one one hundredths (155.61) feet to a point; thence by the same, in a northwest- erly direction by the azc of a circle curving to the right, said circle hav- ing aradius of twenty (20) feet, the arc distance of thrity-eight and two one-hundredths (38.02) feet to a .point In [he eastern line of Spring Run Drive, aforesaid; thence along the eastern lme of Spring Run Drive, North 12 degrees 19 minutes East, sixteen and thirty-four one-hun- dredths (16.34) feet to a point; thence by the same, ]n a northerly drection by the arc oC a circle curv- ing to the right, said circle having a radius of fourteen hundred sixty- seven and fifty one-hundredths (1467.50) feet. the arc distance of seventy-eighC and twelve one-hun- dredths (78.12) feet to a point in the division llneabetween Lots Nos. 39 and 40 aforesaid, the point and place of beginning. BEING Lot No. 39 in the p]an of Spring Run Acres, Section 3, which said plan is recorded in Cumberland County Recorder's Office in Plan Book 19, Page 29. HAVING thereon erected a brick and aluminum bi-level dwelling house known as 34 Kim Acres Drive. Property Address: 34 Kim Acres Drive, Mechanicsburg. PA 17055. TAX I.D. # 42-28-2421-185. ,~ COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. JAMES V. NEIDERT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-4477 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOANS, 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 34 HIM ACRES DRIVE, MECHANICSBURG, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) JAMES V. NEIDERT 34 HIM ACRES DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(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 -~ ,~~,~ 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.) COMMUNITY BANK OF 107 FREE COURT NORTHERN V.A. STERLING, VA 20164 MEMBERS 1sT FEDERAL 5000 LOUISE DRIVE CREDIT UNION MECHANICSBURG, PA 17055 BLAZER CONSUMER DISCOUNT CO. 9-A NO. PROGRESS AVE. HARRISBURG, PA 17128 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 maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has lmowledge 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 34 KIM ACRES DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Boa 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 of 18 Pa. C.S. Sec. 4904 relating tc August 30, 2001 DATE COUNTRYWIpE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. No. 01-4477 JAMES V. NEIDERT Defendant(s). August 30, 2001 TO: JAMES V. NEIDERT 34 HIM ACRES DRIVE MECHANICSBURG, PA 17055 **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 34 KIM ACRES DRIVE, MECHANICSBURG, PA 17055is 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 obtained by COUNTRYWIDE HOME LOANS INC. (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff s Sale. 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 maybe 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 fot good cause. You may also be able to stop the sale through other legal proceedings. WRIT OF EXEEU710N•and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-4477 CIVIL ~?'E~ COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CL~mberland COUNTY: To satisfy the debt, interest and costs due Countrywide Hgne Loans, Inc. from James V. Neidert, 34 Kim Acres, Drive, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant(s) and to sell See Le4al 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 not'rfy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of thedefendant(s)notlevieduponansubjecttoattachmentisfoundinthepogsessionofanyoneother 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 101, 614.50 frcrn 8/28/01 to 12 5/0 er iem Interest $~-,n~_~_,ci653 3a~ ~, +~ Atty's Comm Atty Paid Plaintiff F Date: September 7, 2001 REQUESTING PARTY: L.L. $.50 Due Prothy X1.0 Other Costs Curtis R. Long //~~ ,, ~ ~ Prothonotar~y~,"C^/ivies/l Division C Deputy Name Frank Fedexrnan, Esq.' Address: One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court 1D No. 12248 ~~ , a SEAL ESTATE SALE ~a~ ~ 2 On September 17, 2001, the sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, known and numbered as 34 Kim Acres Drive, Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 17, 2001 gg~~ F~a+ BY~ C?UC~.I,~ ~VYLtz~ Real Estate Deputy ~, ,~r~._~ ``r k~ 1 Y. ~. \. kj%R~~~f i- . , ,~ ~ ~c '~ 0\ a3S „y ido ~,~ ,~,, ^,,,a~o Ate. ~ ~~ ~ ~~._ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 Joumal 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. Rog • M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER, 2001_ hOTARIALSF.4l PukE1c LOTS E. gldl'DER, Coup B E~xPires Plsr~ 5 REAL ESTATE BALE NO. 32 Writ No. 2001-4477 Civll Countrywide Home Loans, Inc. vs. James V. Neidert Atty.: Frank Federman ALL THAT CERTAIN tract or paz- cel of land and premises, situate, lymg and being !n the Township of Upper Allen >n the County of Cum- berland and Commonwealth of Pennsylvania, more parttculazly de- scribed as follows: BEGINNING at a point in the eastem line of Spring Run Drive (65 feet wide), which said point is in the division line between Lot Nos. 39 and 40 on the hereinafter men- tioned plan of lots; thence along the division line between Lot Nos. 39 and 40, South 74 degrees 38 mm- utes East, one hundred seventy-two and nine one-hundredths (172.09) feet to a point in the line of lands now or late of Mt. Allen Heights Corporation; thence along the same, South 12 degrees 34 minutes,4Uest, fifty-three and seventy-five one-hun- dredths (53.75) feet to a point in the northern line of Kim Acres Ihive; thence along the norhem line of Kim Acres Drive, South 83 de- grees 24 minutes West, one hun- dred fifty-five and sixty-one one hundredths (155.61) Feet to a point; tlienee by the-same, m a northwest- erly directton by the azc of a circle curving to the right, said circle hav- ing aradius of twenty (20J feet, the azc distance of thrity-eight and two one-hundredths (38.02) feet to a point in the eastem line of Spring Run Drive, aforesaid; thence along the eastem line of Spring Run Drive, North 12 degrees 19 mmutes East, sixteen and thirty-four one-hun- dredths (16.34) feet to a point; thence by the same, to a northerly direction by the aze of a circle curv- ing to the right, said circle having a radius of fourteen hundred aixty- seven and fifty one-hundredths (1467.50) feet, the arc distance of seventy-eight and twelve one-hun- dredths (78.12) feet to a point in the division line between Lots Nos. 39 and 40 aforesaid, the pomt and place of beginning. BEING Lot No. 39 in the plan of Spring Run Acres, Section 3, which said plan is recorded in Cumberland County Recorder's Office in Plan Book 19, Page 29. HAVING thereon erected a brick and aluminum bi-level dwelling house known as 34 Kim Acres Drive. Property~Address: 34 Kim Acres Drive, Mechamcsburg, PA 17055. TAX I.D. # 42-28-2421-185. 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 Aceunts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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 personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in scellaneous Book "M", Volume 14, Page 317. PUBLICATION ...............................`>.".~......~...................................................... COPY me tty's~19th day of~overr~e 2001 A.D. SALE #32 Notarial Seal ~ / Teny L. Russell, Notary Public (// Harrisburg, pauphln County My Commission Expires dune 6, 2002 NOT Y PUBLIC Member, Pennsylvania Associatbn of Notehiyscommission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs • To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 270.78 Probating same Notary Fee(s) $ 1.50 Total $ 272.28 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and TheThe Sunda~Patriot-News-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. ey .................................................................... -- -REAL ESTATE SALE No.~32 - -- Writ NO.2081.4A77 Clvll Term - ~--- ~--Gountryxdtle Home - - Loans, Inc. _ _..-- ~ _- - -- ~ James V. Neldert -- - _ - Atry: Frank Federman '.DESCRIPTION ALL TEIATCERTAIN [mot of parcel oC land and --yrem'~Tes; situate, lying and being in tbe Tow¢ship -;-oL'[Ipper Allen in thr County of Cumberland and Commonwealth o; Pennsylvania, more `pattlttilarly descdbea as tattoos: :BEGINNING u[ a point in the eastern line of ~pringltun-Drive (65 feet wide), which said point sS$CaM-division line between Lal Nos. 39 and 40 nn-dte hereinafter mentioned Plan of Lots; thence along the division Tine between Lot Nos. 39 and -4D, south 74 degrees 38 minutes east, one hundred -su~emy-two artd nine one-hundredths (172.09) feet m a point in the line of lands now or late of ML Allen Aeighls Corporation; lheta:e along the -samr, south 12 degrees 34 minutes west, fifty- "tliree and sm~enty-five one-hwdredths (53.75) feet ~'to spmutwt~nodktem line of Kim Acres Dave; thence along dre northern tine of Kim Acres .IIave, south 83 degrees 24 minutes wcst, one -hundred Btty-five and sixty-one one hundredths -j155.67)~t-eet to a poink thence by the same, in a 'xarthwesterfy direcdon by the arc of a circle -cur0mg to the righ4 said cycle having a radius of [t4Emy (20) feel, the arc distance of thirty-eight add-Wio one-hundredths (38.02) fee[ to a point in iFie_easZem line of Spring run Drive; aforesaid; 9ieuce`a-longue eastzm line of Spring Run Drivz, Wort}[ 12 degrees t9 minutes east. sixteen and ~Y-four one-hundredlks (f634) feet to a point; dreuce by the same N a northerly direction by the vrenF a circle curving m the righ4 said circle -haviry 8 rhdius of Fourteen hundred sixty-seren and-Silty one-hundre.2tlu (1467.50) feet, dm azc distance of seventy-eight avd twelve one- huhdreddrs (78.12) fr;t to a point N the division one between Lots Ncs. 39 and 40 aforesaid, the pam and place o4 BEGINN WG. BEIC7GTat No. 39 in the Plan of Spring Run 9etes;_Sation 3, which said Plan is recorded m Cumberland County recorder's Office in Plan Book 19;Page 29. HAVING thereon erected a brick and aluminum -1u]evel dwelling house known az 34 Kim Acres 6nve. ~ayerty Address 34 Kim Acres Drive, ~7lechanicsbnrg, PA 17055. TeS7LflT1A12~8.7A2I-ISS. ' SCHEDULE OF DISTRIBUTION ' SALE #32 Writ No. 2001-4477 Civil Term Countrywide Home Loans, Inc. VS James V. Neidert 34 Kim Acres Drive Mechanicsburg, PA 17055 Sale Date: December 5, 2001 Buyer: Federal National Mortgage Association Bid Price: $95,000.00 Real Debt: $101,614.50 Interest: 1,653.30 Writ Costs: 107.80 Total $103,375.60 DISTRIBUTION Amount Collected $ 2,973.73 Legal Search 200.00 Sheriff s Costs 2,773.73 So Answers: R. Thomas Kline, Sheriff