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HomeMy WebLinkAbout01-04954 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIItE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHII,ADELPHIA, PA 19103-1814 (2151 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNII. DNISION BANK OF NEW YORK, AS TRUSTEE 7105 CORPORATE DRNE PTX-B35, PLANO, TX 75024 Plaintiff v. TERM NO. C~1 - ~lQ$~ l+tv c~ ~~LY~ CUMBERLAND COUNTY LUTHER W. CHAMBERS CATHERINE P. CHAMBERS 225 SOUTH EARL STREET, SHIPPENSBURG, PA 17257 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 REAFFHtMED, 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 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 We hereby Fertify the ' "" CUMBERLAND coUNTY BAR AssocIATION :vithin to be a true and 2 LIBERTY AVENUE correct-copy of tits CARLISLE, PA 17013 original filed of record (717) 249-3166 FEDERMAN-AND PHELAN TRUE C®PY FROM REC®RD in Testimony whereof, I here unto set my hand Loan #: 7229118 and the seal of said Gou at Carlisle, Pa. Thi ~y f 4 '~ othonatary 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. Plaintiff is: BANK OF NEW YORK, AS TRUSTEE 7105 CORPORATE DRIVE PTX-B35, PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: LUTHER W. CHAMBERS CATHERINE P. CHAMBERS 225 SOUTH EARL STREET, SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/31/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1535, Page 564. PLAINT)FF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 3/1/01 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 al] 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 $68,788.27 Interest 3,389.95 2/1/01 through 7/1/01 (Per Diem $22.45) Attorney's Fees 3,439.00 Cumulative Late Charges 769.52 3/31/99 to 7/1/01 Cost of Suit and Title Search 550.00 Subtotal $76,936.74 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $76,936.74 The attorney'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 regular 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 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 $76,936.74, together with interest from 7/1/01 at the rate of $22.45 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 _ m, ' ~ Countrywide HOME LOANS Sentl Correspondence lo: Send Payments lo: P O Box 6239 Van Nuys. CA 91409~B239 P O Bov 660694 Callas. TX 7526 6-0 694 Cenified Mail No. June 7. 2001 Return Receipt Requestetl Regular Mail CaUlerine P Chambers , 225 South Ean Street Shippensburg, PA 17257-0000 Account No.: 7229118 Property Address: ' 225 South Earl Street Shippensburg, PA 17257-0000 Current Servicer: CDUntrywitle Home Loans, Inc. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR li'OME FROM FORECLOSURE This is an official notice that the mortcace on vour home is in defauh. and the lender intends to foreclose. Specific information about the nature at the default is provided in the attached banes The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCEPROGRAM (HEMAPI may be able to help to save your home. This Notice explains how the broaram works. To see if HEMAP can halo you must MEET WITH A CONSUMER CREDR COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take thi8 Notice with you when you meet with the Counseling Aaencv This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help answer them. You may also want to comaci an attorney in your area. The local bar association 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. 51 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL Nl1MER0 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 1963 (THE "ACT"), VOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. Please write your account number on all checks and correspondence BCBRPA 6126:2000 Calherme P Chambers 7229116-0 z25 Scum eau So-eel $3,722.91 AS OF July 7, 2001 P luupla Ys W IY•O W in fLlwibc~a9M la eai~ rmmM px~mal e¢pl ucMxwiss limled Mlaw BLBPPR ~Countrywide- HOMELOANS P.O. BOX 660694 Dallas. TX 75266-0694 Ilnllrll~ur~r~r~lurOnl(uu~)ulrlurlul~llurtn~u(rll 722911800003722910372291 _ Y{.~yr~~a~~ ~~./W f~i:/~ i A Era Countrywide HOME LOANS Send Ganespondence lo. Send Payments ~o: Pp f3ex 8239 PO Bax 660694 Van nluys, CA 91409-8239 Dallas. TX 75266-0694 Certified Mail No. June 7, 2001 Return Receipt Requestetl Regular Mail Luther W Chambers 225 South Earl Street Shippensburg. PA 17257-0000 Account No.: 72291 78 Property Address: 225 South Earl Streef Shippensburg, PA 17257-0000 Current Servicer: Countrywide Home Loans. inc. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOA91E FROM FORECLOSURE Th"s ~s an official notice that the mortaaae on vour home Is in default and the lender intends to foreclose Specific information about the nature of the tlefaull is provided in the atlachetl panes The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able to help to save vour home. This Notice explains how the oroarem works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF iHtS NOi1CE. Take this Notice wdti you when you meet with the Counseling Aaencv. ihia Notice contains importam legal information. R you have any questions, representatives at the Consumer Credit Counseling Ageney may be able to help answer them. 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 NOTIFICACIbN OBTENGA UNA TRADUCCION 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 COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSfSTANCE PROGRAM YOU_MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH.CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF VOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"~, YOU MAY BE ELIGIBLE FOR EMEAGENCY MOATGAGE ASSISTANCE: IF YOUR DEFAULT NAS 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 BV THE PENNSYLVANIA HOUSING FINANCE AGENCY, Please write your account number on all checks and correspondence Lolher W CnamEers 7229118-0 zz5 soma Earl sveel a r. w io us m, Na w ~ a I..n m <negm iv ern,av.m prymnl Bawl v m«ww i~~i.a ry iaw ecnnen ~Countrywide• HOME 10AN5 P.O. Box 660694 Dallas, TX 75266-0694 ))r„~r),~„r)r~,~~„r~~rr~~,rrr~~„)r~,,, ~, r~~r(„r)rr)rr), ~~ BC9RPA fi/2fi/26OD 33,722.91 nS Of July 7. 2001 f ~JCH~BITA 722911800003722910372291 2ARV STAY OF FORECLOSURE - Untler the Act, you are entitletl to a temporary stay of foreclosure on your >. for thirty (30) tlays from the date of this Notice. During that time you must arrange and attentl a'Yace-to-face" with one of the consumer cretlit counseling agencies listed at the entl of this Notice. THIS MEETING MUST CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listetl at the entl of [his notice, the lender may NOT take action against you for thirty (30) days after the tlate of this meeting. The names addresses and telephone numbers of designated Consumer Credit counseling aeencie5 tor_the county in which the orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face- in-lace meeting. Atlvise your lentler immetliately of your APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in tlefault far the reasons set forth later in this Notice (see following pages for specific information about the nature of your tlefault.) If you have trietl antl are unable to resolve this problem with the lentler, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To tlo so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the entl of this Notice. Only consumer cretlit counseling agencies nave applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be Filed or posimarketl within thirty (30) tlays of your facedo-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO 50 OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAV PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funtls for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria establishetl by the Acl. The Pennsylvania Housing Finance Agency has sixty (60) tlays to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements se[ forth above. You will be notified directly 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 PURPOSES ONLY AND SHOULD NOT BE CONSIDEREp AS AN ATTEMPT TO COLLECT THE DEBT. (If you have flletl bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THE DEFAULT -Countrywide Home Loans. Inc.. (hereinafter "Countrywide") services your home loan. Your home loan is in serious tlefault because you have not matle your required payments. The total amount now requiretl to reinstate your home loan as of fhe date of this letter is as follows: Monthly Pa~menis: $699.52 $2,798.08 Late Charges: $34.98 $104.94 Other C arses: Uncollected Late Charges: $fi29.64 Uncollectetl Costs: $190.25 TOTAL DUE: $3,722.91 Please Make your Check payable to COUnlrywide Home Loans Oont atlach your check to me payment coupon wine your loan number on your check or money ortler pool Include conespontlence Wnle many adtlihoedlamounts you are including lp pant Sena cash lolal is more Ihan 55000, Vlease Send cemlied check Payments: All payments will be dpplled to me lpnge9 pu151dnNng 109allmebl tlue, unless otherwise expressly prbhiblled by law. i`' Fatlhional amounts. It you don I speary Ine purpose of adtlhwnal amounts indudeq we will apply Them lim to any oulstanrling ~ Z ~~ ~',}'~~ paynienls, esnow deligennes, late charges anNOr lees tlue We will then sooty any iemdNing dmpunta as a pindpal iedunion. II 111 /1 (, you suemn an atlNlional principal Vayinenl with your home ban payment, CounlrywNe well IiIA apply your home loan payment, then N6 atltl~npWl ennClpol paymem Yom loan must he curlenl Uelornwe Can sooty anV pOntipol letlutlian HOW TO CURE THE gEFAULT -You may cure this default within THIRTY (30) DAYS of the date of this letter. by paying to us the above amount of $3,722.91, plus any adoitional monthly payments, late Charges, tees ono other applicable charges whim may fall due tluring this periotl. Such payment must be in the form of cenifietl check, cashier's check or money order. antl made payable to Countrywide at P.O. Boz 660694, Dallas. TX 75266-0694 If your check or other payment is retumetl to us for insufficient funtls or for any other reason, you will not have Cured your tlefault. No exfension of time to cure will be grantetl due to a returned payment. IF THE MORTGAGE IS FORECLOSED UPON - If the mortgage is foreclosetl, the mortgaged property will be sold by the Sheriff to pay off the mongage tlebt. If the tlefault is curetl before we begin legal proceedings. Countrywide will be entitled to collect the reasonable attorney's fees actually incurred, up to $50.00. However. if legal proceedings are stoned. Countrywide will be entitleo to collect the reasonable attorney's fees even if they are over $50.00. Any attorney s tees will be atlded to the securetl tlebt, which may also inclutle our reasonable costs. If you cure the default within the THIRTV (30) DAY period you will not be requiretl to pay attorney's fees. OTHER LENDER REMEDIES -The gentler 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 - tt you have not cured the tlefault within the THIRTY (30) DAV periotl antl foreclosure proceedings have begun, you still have the right to cure the tlefault antl prevent the sale at any lime up to one hour before the foreclosure sale. You may do so by paying the total amount then past due. plus any late or other charges then due, reasonable attorney's fees antl costs connected with the foreclosure sale antl any other costs connectetl with the foreclosure sale as specified in writing by the gentler antl by pedorming any other requirements under the mongage. Curing your default In the manner set forth in [his notice will restore your mortgage to the same position as it you had never tletaulted. EARLIEST POSSIBLE FORECLOSURE SALE DATE - It is estimatetl that the earliest tlate that a foreclosure sale coultl be heltl woultl be approximately six (6) months from the date of this letter. A notice of the date of the foreclosure sale will be sent to you before the sale. You may find out at any time exactly what the required payment will be by calling u5 at the bllowing numbed 1-877-744-7691. This payment musf be in the form of a cashier's check. cenifietl check or money ortler antl made payable to us a[ the atldress statetl above. If the tlefault is curetl, the mongage will be restored [o the Same position as if no tlefault had occurred. However, the defaWt may not be Cumd more than three (3) times in any calentlar year. HOW 70 CONTACT 7NE LENDER: Name of Lender: Countrywide Home Loans, Inc. Address: P. O. Box 10221 Van Nuys, CA 91470-0221 Phone Number. i-B77--744-7697 Fax Number: 7-805.577-3432 Contact Person Daniel Akins. MS SV-34 attention: Loan Counselor EFFECT OF FORECLOSURE SALE - Vou shoultl realize that a foreclosure sale will entl your ownership of the mortgagetl property and your right to remain in it. It you continue to live in the propeny after the Sheriff's sale. a lawsuit to remove you and your furnishings and other belongings could be Started by Countrywide at any time. ASSUMPTION OF MORTGAGE -Contact Countrywide HOrRe L08n5 for information on the passible assumability of your loan. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEV TO PAV 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 PARTV ACTING ON VOUR 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 ItJ ANY FORECLOSURE PROCEEDING OR ANV OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT qNV OTHER DEFENSE VOU BELIEVE YOU MAY HAVE TO SUCH ACTION 8Y THE LENgER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW Pursuant to your home loan documents, and because the home loan is in default. Countrywide may, at its option. enter upon and conduct an inspection of the propeny. The purpose of this inspection is to observe the physical condition of the property, to verify that the property is occupietl antllor to tletermine the identity of the occupant. The cast of any such inspection will be added to antl become pan of the secured debt as provided under the terms of the home loan documents. ~~ l~~ -.w>. If you are unable to cure your default on or before July 7, 200t, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: • fieoavment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide. Our basic plan requires that Counlrywitle receive, upfront, at least %z of the amount necessary to bring the accouN current, antl chat the balance of the overtlue amount be paitl, along with the regular monthly payment, over a tlefinetl period of time. Other repayment plans also are available. • Loan Modification: Alternatively, it is Dossible that the regular monthly payments can be lowered through a motliticalion of the loan by retlucing the interest rate and then atltlinq the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to ceAain loan types. • Sale of Your Pro en : Altematively, if you arewilling to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through Counlrywitle even it your dome is wodh less than what is owed on it. • Deetl-in-Lieu: Alternatively, if your properly is free from other liens or encumbrances, antl if the tlefault is tlue to a Serious financial hardship which is beyond your Control, you may be eligible to tleetl your properly tlirectly to the Noteholtler and avoid the foreclosure Sale. If yqu are interested in tliscussing foreclosure alternatives with Countrywide, you must contact us i~nmetliately. If you request assistance, Countrywitle will tletermine, in its sole discretion, whether such assistance will be ex[endetl to you. In the meantime. Countrywitle will pursue all of its rights and remedies untler the home home loan tlocuments antl as permitted by law, unless it agrees otherwise in writing. Please be advised that failure ro bnng the home home loan current or to enter into a written agreement as outlined above will result in the acceleration of [he tlebt. Time is of the essence. Should you have any questions concerning this notice, please Contact Countrywide's office immetliately at 1-877-744-7691, extension 4731. Dr~C,4 Daniel Awns Loan Counselor 1-877-744-7691, extension 4731 Please be advised that this communication is from a debt collector. ~x~~B~~- PENNSYLV.4YIA HOUSING FINArYCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGR.'uVl CONSUMER CREDIT COUNSELING AGENCIES (RE V. 8/00) CLINTON COUNTY Lycoming-Clinton Counties Cammision for CCCS ofNortheazum PA Community Action (STEP) 1631 South Athcrton Sc, Suitc 100 2138 Lincoln Sveet P.O. Box 1328 State College. PA 16801 Williamsport, PA 17703 (81+) 238-3668 FAX (8l+)?38.3669 (370) 326-0387 FAX (i70) 322-2197 CCCS ofNortheastem PA 201 Basin Sveet Williamsport, PA 17703 (370) 323.6627 FAX (570) 323.6626 3l W. Market Sveet POB I l27 Wilkes-Barre, PA !8702 (570)82I.OS37 or (800)922-9337 FAX (570) 821-1785 COLU3IB(A COUrTY Commission on Economics Opportunity of Luzente County 163 Amber Lane Wilkes-Barre, PA 18702 (370) 826-0310 or (800) 822-0339 FAX (370) 329-1665~Ca11 Before Faxing) (370)433-4994 Hazeltown FAX (i70) 455-3631-(Call Before Faxing) (570)836-3090 Tunkhannock CRAIVFORD COU~~ITY Booker T. Wazhington Center (720 Holland Center Erie, PA 16303 (S td)453-3744 FAX (8!4)5749 John F. Kennedy Center, Inc. 2021 Eut 20'" Sveet Erie, PA 16510 (81+)398.0400 FAY (3I+) 398-1243 CCCS of Western Pennsylvania, Inc 2000 Linglestown Road Harrisburg, PA 17102 (7l7)i41-1757 Urban League of Mewpolitan Harrisbu N. 6i° Sveet Harrisburg, PA 17101 (7l7) 234-5925 FAY (7l7) 23+-9459 Community .fiction Comm of the Capital Region 15 I+ Dem Sveet Harrisburg, PA 17104 (7l7) 232-9757 FAX (717) 234-2227 1+00 Abington Executive Park Suite 1 Clarks Summir, PA 18+11 (570) 587.9163 or (300) 92?-953" FAY (370) 58 i-913+-9135 Greuer Erie Communin~ Action Committee l8 West 9"Street Erie, PA 16301 (814)459581 FAX (814)+56-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412)9S 1-53f0 Financial Counseling Services of Franldin 3l West 3r°Street Waynesboro, PA 1T_6S (7l7) 762.3285 YWCA of Carlisle 301 "G" Sveet Carlisle, PA t701.i (711)243-3813 FAY t7lij i31A589 Adams Cowry Housing Authori~ 139-143 Carlisle St Gemsburg, PA 17325 (717) 334-1513 FAX 333-3326 PEVNSYLVA`!IA BULLET4N, VOL. 29, NO. ?3, JL21E 5, 1999 ATIiCl11 l - ~. »~~ ALL of the stable thereon e Pennsylvania, ar follows; Philadelphia & Re Right of Way of t with the fine of tt Earl Street, eater road and along tl thence Southway past previously lc Northwardly 46.E of Wilbur E. and Detwiler, Northw Right of Way of ' Westwardly with Reading Company Detwiler; thence thence with land ~ wife, North 88 de formerly of the PE West, 25.43 feet' aforesaid; thence CONYAINING 109 by Harry McElharE certain lot of ground with a brick dwelling house and frame cted, situated in Shippensburg Township, Cumberland County, known as ? ;bounded and described as at a stake on the Southern edge of the Right of Way of the ling Railroad (The Reading Company) where it intersects the Pennsylvania Railroad (C.V. Division); thence 5outhwardly Right of Way of the said Pennsylvania Railroad along South :d to a stake; thence Eastwardly across the said street on line now or formerly of said Atlantic Refining Company; r with the said Atlantic Refining Company 100 feet to an iron ~ted near the oil tank of the said Company; thence degrees East 186.5 feet to an iron pin at land now or formerly avid F, Detwiler; thence w(th the said land now or formerly of qty 23 degrees West, 257 feet to the Southern edge of the e Reading Company near a clump of locust trees; thence e Sald rallCOad to hhA nla~a of RFr;TNNTN(: at a stake on the Southern edge of the Right of Way of The at comer of (ands now or formerly of Wilbur E. and David F. Guth 26 degrees 19 minutes East, 28.05 feet to a stake; ow or formerly of Harry McElhare and Emma McElhare, his Tees 13 minutes West, 215.51 feet to a stake at land now or ~nsylvania Railroad; thence North 12 degrees 30 minutes 3 a stake on the Right of Way of The Reading Company vith the said Right of Way to the place of BEGINNING. 1000 acres sold and eonveyed out of the land first aforesaid and Emma McElhare, his wife, to The Reading Company. BEING thatsame real estate that Miriam ]. Reigle, widow and single woman, by her detrd dated July 8, 1988 and in the Office of the Recorder of Deeds in and for Franklin County, Pennsylvania, in Deed Book Volume "L", Volume 33, at Pa~e 819, conveyed to Randy G. Bigler and Carol D. Bigler, husband and wife; Grantors herein. AND the said Grantors wil! specialty warrant the property hereby conveyed. ~ VERIFICATION BRANDON SCNMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE 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 Civi] Action in Mortgage Foreclosure are true and cottect to the best of his knowledge, infom~ation and belief. The undersigned understands that this statement is [Wade subject to the penalties of I S Pa. C.S. 4904 relating to unswom falsification to authorities. DATE: ~ ~ ~, c I I ~Y ~ 4 ~~~~ 8 Z 9(ltl Ids ~ iii ~~ ;~ '1 ~~iv- ~ .~~ t `, Lv s _ -.. _ _ ,. _ _.,. - ._ - t~~~~~~-~~~`T,~rnsisE'ar,~~es'~a +'u~`ch n~a+~-,mac .,,~ .. ,ay .,a!~i ~'M~. ~x., vsa ~m ~'a~~ra~sax~nmras~w«~u, FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIItE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 COURT OF COMMON PLEAS CNIL DNISION BANK OF NEW YORK, AS TRUSTEE 7105 CORPORATE DRNE PTX-B35, PLANO, TX 75024 TERM Plaintiff v. NO. O~ -'~QS'y ~lUl.~ CUMBERLAND COUNTY LUTHER W. CHAMBERS CATHERINE P. CHAMBERS 225 SOUTH EARL STREET, SHIPPENSBURG, PA 17257 Defendant(s) CIVIL, ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSiJRE 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 acfion 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 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 #: 7229118 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. Plaintiff is: BANK OF NEW YORK, AS TRUSTEE 7105 CORPORATE DRIVE PTX-B35, PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: LUTHER W. CHAMBERS CATHERINE P. CHAMBERS 225 SOUTH EARL STREET, SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/31/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1535, Page 564. PLAIN'T'IFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 3/1/01 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 $68,788.27 Interest 3,389.95 2/1/01 through 7/1/01 . (Per Diem $22.45) Attorney's Fees 3,439.00 Cumulative Late Charges 769.52 3/31/99 to 7/1/01 Cost of Suit and Title Search 550.00 Subtotal $76,936.74 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $76,936.74 The attorney's fees set forth above are in confornuty 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 regular 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 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 $76,936.74, together with interest from 7/1/01 at the rate of $22.45 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. ~~~~2- /s" /Frank Federman FRANK FEDERMAN, ESQUIl2E Attorney for Plaintiff ~ Countrywide°~ HOME LOANS Sentl CLrrespontlence tL'. Send Payments lo: P O. Box 6239 P.O. Box 660694 Van Nuys. CA 91409-8239 tlallas, TX 75266-0694 Certitietl Mail No. June 7, 2001 Return Receipt Requesteo Regular Mail Catherine P Chamners , 225 South Earl Strbe[ Shippensburg, PA 17257-0000 Account No.: 7229118 Property Address: ' 225 South Earl Street Shippensburg, PA 17257-0000 Current Servicer: Countrywide Home Loans, Inc. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort a e on ur home is In default and the lender intends to foreclose Specific Information about the nature of the default Is orovidetl in the attached oaoes The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice exolalns how the-program works. To see if HEMAP can help you must MEET WRH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you wheh Vou meet with the Counselind Apencv. This Notice contains important legal Information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help answer them. You may also want to contact an attorney in your area. The local bar association may be able to help you fintl a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCfA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NIIMERO 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 WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1963 (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 ELIGIBILRY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. Please write your aLCOUnt number on all Checks and Correspondence. CalFerine P Chambers 7229118-0 225 Somb Ead street n lee w 10.¢25 w ado w In Fl. x,n M anmpee mr.an reWmee rNmem mpi m omcw'w 4n:i.a try aw 9LBRPA ~Countrywide° HOME LOANS P.O. Box 660694 Dallas, TX 75266-0694 ((r n(r (r w r~e (r ((u a ((n ((r m (~ n(r (m (n (~r (m (u (u (r (( BCBRPA 626/2000 $3,722.91 AS OF July 7, 2001 722911800003722910372291 j~'~ {~. ' 7 +1, 7~ . ~ ~ ~ Countrywide« HOh1E LOANS Send Correspondence to: Sentl Pa menu to: y P O Box 8239 P.O. Box 660694 Van Nuys. CA 91409-8239 Gallas, TX 75266-0694 Cenitied Mail No. June 7, 2001 Return Receipt Requestetl Regular Mail Luther W Chambers 225 South Earl Street Shippensburg, PA 17257-0000 Account No.: 722911 B Properly Adtlress: 225 South Earl Street _ Shippensburg, PA 17257-0000 Currem Servicer: Countrywide Home Loans, Inc. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice thm the mortaade on vour home is in tlefault and the lender imends to foreclose. Soeeific Information about the nature m the default is brovided in the attached oaoes The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM iHEMAP) may be able to halo to save vour home. This Notice ewlains how the oroaram works. To See if HEMAP can halo Vou must MEET WITH A CONSUMER CREDR COUNSELING AGENCY WRHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice wtth you when you meet with the Counseling Aoencv. This Notice contains Important legal information. H you have any questions, representatives at the Consumer Credit Counseling Agency may be able [o help answer them. 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, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION ORTENGA UNA TRADUCCIbN INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL Nl1MER0 MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLgMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR $U CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ABSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP VOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1963 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. Please write your account number on all checks and correspondence. LNher W Chambers 7229116-0 2256oNh Eerl Btreel a i« w ro E2'.a tlao ro h r~l Wai ee enupea ru .xn,.emua r~nn, xeF v memw inroib M i~ eceava ~Countrywide~ HOME LOANS P.O. Box 660694 Dallas, TX 75266-0694 II,..I,IrLrrLlJlrrrllrrllrrrrllrrlJrrJrrlLlrrJrdrrirll BCBRPA 6/26/2000 $3,722.91 AS OF July 7, 2001 1 ,a~~~ l~~l~~.' 722911800003722910372291 RARY STAY OF FORECLOSURE -Under the Act, you are entitletl [o a temporary stay of foreclosure on your e for thirty (30) days from the dale of this Notice. During that time you must arrange and attend a"face-ro-face" with one of the consumer cretlit counseling agencies listetl at the entl of this Notice. THIS MEETING MUST 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 Chitty (30) days after the tlate of this meeting. The names atltlresses antl teleRhone numbers of designated consumer cretlit counseling,aoencies for the county in which the Rroberty is located are set forth at the end of this Notice. It is only necessary to schetlule one face- to-face meeting. Advise your lender immediately of your APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have trietl antl are unable to resolve this problem wkh the lentler, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To tlo so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the tlesignatetl consumer cretlh counseling agencies listetl at the entl of this Notice. Only consumer cretlit 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 MU57 be filed or postmarketl wkhin thirty (30) 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 MAV PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL RE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limftetl. They will be disbursed by the Agency under the eligibility criteria establishetl by the Act. The Pennsylvania Housing Finance Agency has sixty (60) tlays to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF VOU ARE CURRENTLY PROTECTED BY THE FILNJG OF A PETITK)N 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 bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THE DEFAULT - CountrvwMe Itorne Loarts. Inc.. (hereinafter "Countrywide") services your home loan. Your home loan is in serious default because you have not matle your required payments. The total amount now required to reinstate your home loan as of the date of this letter is as follows: Monthly Payments: $699.52 Late Chames: $34.98 Other Charges: Uncollected Late Charges: Uncollectetl Costs: TOTAL DUE: PAYMENT INSTRUCTIONS Please Make your check payable to Coumrywide Hone Loans Write your ban number on your check or money oMer Write in any atltlaignal amounls you are including. (lt total is more Than $5g0g, please Send cedilietl check.) • Don't attach your check to the payment coupon • DonY inclutle wrtesDOntlence • Don't sentl rash Payments: AN payments will be appliedro the longest OmStanding installment due, unless omerwi5e expressly prohibaetl by law Addaional amounts. II you tlonY speciry the purpose of atld'abaal amounts inclutleQ we will appty mem Wst to any oulslanding paynrenls, escrow deficiencies, late charges anmor lees due. We will then apply any remaining amounls as a principal redugtion. II you wbmil an adtlilional principal payment wBh your home pan payment, Counlrywitle will first apply your home loan payment, then the adtlitional principal payment Your loan must be current belme we can apply any principal reduction $2,798.08 $104.94 $629.64 $190.25 $3,722.91 HOW TO CURE THE DEFAULT -You may cure this tlefault within THIRTY (30) DAYS of the tlate of this letter, by paying to us the above amount of $3,722.91, plus any additional monthly payments, late charges, fees antl other applicable charges which may tall tlue during this periotl. Such payment must be in the form of certifietl check, cashier's check or money order, antl made payable to Countrywitle at P.O. Box 660694, Dallas. TX 75266-0694. If your check or other payment is returnetl to US for Insufficient funtls or for any other reason, you will not have curetl your default. No extension of time to cure will be grantetl tlue to a returnetl payment. IF THE MORTGAGE IS FORECLOSED UPON - If the mortgage Is foreclosed, the mortgaged property will be soltl by the Sher'rff to pay off the mortgage tleb[. If the default is curetl before we begin legal proceedings, Countrywide will be entitled [o collect the reasonable attorney's Peas actually incurred, up tp $50.00. However, it 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 atltletl to the securetl tlebt, which may also include our reasonable costs. If you cure the tlefault within the THIRTV (30) DAY periotl, you will not be requiretl to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaitl principal balance antl all other sums due under the mortgage. RIGHT 70 CURE THE DEFAULT PRIOR TO FORECLOSURE SALE - If you have not cured the default within the THIRTY (30) DAY periotl and foreclosure proceedings have begun, you still have the right to cure the tlefault antl prevent the sale at any time up to one hour before the foreclosure sale. You may tlo so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the foreclosure sale as specified in writing by the lender antl by performing any other requirements untler the mortgage. Curing your tlefault in the manner set forth in this notice will restore your mortgage to the same position as if you had never tlefeulletl. EARLIEST POSSIBLE FORECLOSURE SALE DATE - It Is estimated that the earliest date that a foreclosure sale could be held would be approximately six (6) months from the date of this letter. A notice of the date of the foreclosure sale will be sent to you before the sale. You may fintl out at any time exactly what the required payment will be by calling us at the following number: 1-677-744-7691. This payment must be in the form of a cashier's check, certified check or money order and matle payable to us at the atltlress slated above. It the tlefault is cured, the mortgage will be rettrretl to the same position as rf no tlefault had occurretl. However, the tlefault may not be cured more than three (3) times in any calendar year. HOW TO CONTACT THE LENDER: Name of Lentler: Countrywide Nome Loans, Inc. Atltlress: P. O. Boz 10227 Van Nuys, CA 91410-0221 Phone Number: 1-877-744-7691 Fax Number: 1-805-577-3432 Contact Person: Daniel Akins, MS SV-34 Attention: Loan Counselor EFFECT OF FORECLOSURE SALE -You shoultl realize that a foreclosure sale will entl your ownership of the mortgaged property antl your right to remain in h. 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 startetl by Countrywide at any time. ASSUMPTION OF MORTGAGE -Contact Countrywide HOme Loans for information on the possible assumability of your loan. YOU MAV ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAV OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BV ANY THIRD PARTY ACTING ON VOUR 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 MAV HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Pursuant to your home loan documents, and because the home loan is in tlefault, Countrywitle may, at its option, enter upon and conduct an inspection of the property. The purpose of this Inspection is to observe the physical condition of the property, to verify that the property is occupied antl/or to tletermine the identity of the occupant. The cost of any such inspection will be atltletl to and become part of the secured debt as provided under the terms of the home loan documents. ~~ ' If you are unable to cure your default on or before July 7, 2001, Countrywide wants you to be aware of various options that maybe available to you through Countrywitle tc prevent a foreclosure sale of your propeny. For example: • Reoavment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywitle. Our basic plan requires that Countrywitle receive, upfront, at least Vz of the amount necessary to hring the account current, antl that the balance of the overdue amount be paid, along with the regular monthly payment, over a tlefined period of time. Other repayment plans also are available. • Loan Modification: Alternatively, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate antl then adding the tlelinquent payments to the current loan balance. This foreclosure alternative, however, i5limltetl to cenain loan types. • Sale of Vour Prooerty: Alternatively, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approvetl through Countrywide even if your Home is worth less than what is owetl on it. • Deed-in-Lieu: Alternatively, if your property is free from other liens or encumbrances, antl if the tlefault is tlue [o a serious financial hardship which is beyond your control, you may be eligible to tleetl your propeny directly to the Noteholtler and avoitl the foreclosure sale. If you are interestetl in tliscussing foreclosure alternatives with Countrywitle, you must contact us immetliately. If you request assistance, Countrywide will tletermine, in Its sole discretion, whether such assistance will be extentletl to you. In the meantime, Countrywide will pursue all of its rights and remedies under the home home loan documents antl as permitled by law, unless it agrees otherwise in writing. Please be advised that failure to bring the home home loan current or to enter into a written agreement as outlinetl above will result in the acceleration of the debt. Time is of the essence. Should you have any questions concerning this notice, please contact Counirywide's office immetliately at 1-877-744-7691, extension 4731._ DaHie2 ~ Daniel Akins Loan Counselor 1-077-744-7691, extension 4731 Please be advisetl that this communication is from a tlebt collector. 7 "~~~' PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRA,tiI CONSUMER CREDIT COUNSELING AGENCIES (REV.8/00) CLINTON COUNTY Lycoming-Clinton Counties Commision for CCCS ofNortheaztem PA Community Action (STEP) - 1631 South ANerton St., Suite 100 2138 Lincoln Street P.O. Box 1328 State College, PA 1680! WilliatnsPOrt, PA 17703 (814) 238.3668 FAX (81+) ?38-3669 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeaz[em PA 201 Basin Street W illiamspon, PA 17703 (570) 323.6627 FAX (510) 323.6626 31 W. Marke[ Sveet POB 1127 Wilkes-Barre, PA !8702 (570) $21-0837 or (800) 92b9537 FAX (570) 821-1785 COLUMBIA COUNTY t400 Abington Executive Park Suite 1 Clarks Summit PA 18411 (570)587-9163 or (800)922.9531 FA7C (570) 187-9134-9133 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 326-0510 or (800) 822-0359 FAX (570) S29-I665~Call Before Faxing) (570) 455994 Hazeltawn FAX (570) 455-1631-(Call Before Faxing) (170)836.4090 Tunkhannock Booker T. Wazhington Center 1720 Holland Center Erie, PA 16103 (814) 453-5744 FAX (814) 5749 CRAWFORD COUNTY Grearer Erie Community Action Committee 18 West 91° Sveet Erie, PA 16501 (814)459-1581 FAX (81+)+56-0161 John F. Kennedy Center, Inc. 2021 Eazt 20'" Svee[ Erie, PA 16510 {814) 898.0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc 2000 Linglestown Road Harrisburg, PA 17102 (7!7)54!•1757 Urban League of Mevopolitan Harrisburg N. 6'" Sveet Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Oerry Sveet Harrisburg, PA 17104 (717) 232.9757 FAX (717) 234-2227 CUMBERLAND COUNTY Shenango Valley Urban League, Inc. 601 Indiana.4venue Farrell, PA 16121 (412)981-5310 Financial Counseling Szrvices of Franklin 3I West 3"' Sveet Waynesboro, PA 17268 (717)762-3285 YWCA OfCarlisle 301 "G" Sveet Carlisle, PA 17013 (717) 243-3818 FA.Y 171 i) 73 f •9589 Adams Cowry Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334.1518 FA7C 334-8326 PENNSYLV.+uN W BULLETIN, VOL. 29, N0.23, JUNE 5, 1999 ~;~~~~~~ ALL of tha~ certain lot of ground with a brick dwelling house and frame stable thereon er cted, situated in. Shi - bur ownship, Cumberland County, Pennsylvania, an known as ` ,bounded and described as follows; BEGINNIN~ at a stake on the Southern edge of the Right of Way of the Philadelphia & Re ding Railroad (The Reading Company) where ft intersects the Right of Way of a Pennsylvania Railroad (C.V. Division); thence Southwardly with the fine of th~ Right of Way of the said Pennsylvania Railroad along South Earl Street, eaten ed to a stake; thence Eastwardly across the said street on road and along th line now or formerly of said Atlantic Refining Company; thence Southway y with the said Atlantic Refining Company 100 feet to an iron . post previously to ted near the oil tank of the said Company; thence Northwardly 46.2 degrees East 186.5 feet to an iron pin at (and now or formerly of Wilbur E. and vid F. Detwiler; thence with the said land now or formerly of Detwiler, Northwa ly 23 degrees West, 257 feet to the Southern edge of the Right of Way of a Reading Company near a clump of locust trees; thence Westwardly with a said railroad to the nlara of ~tFrrn-rvrnir_ SEGINNIN at a stake on the Southern edge of the Right of Way of The Reading Company at corner of lands now or formerly of Wilbur E. and David F. Detwiler; thence 5 uth 26 degrees 19 minutes East, 28.05 feet to a stake; thence with land npw or formerly of Harry McElhare and Emma McElhare, his wife, North 88 degrees 13 minutes West, 215.53. feet to a stake ak land now or formerly of the Pe nsylvania Railroad; thence North 12 degrees 30 minutes West, 25.43 feet t a stake on the Rlght of Way of The Reading Company aforesaid; thence ith the said Right of Way to the place of BEGINNING. CONTAINING 3.09 1000 acres sold and conveyed out of the land first aforesaid by Harry McElhar and Emma McElhare, hls wife, to The Reading Company. BEING that same real estate that Miriam ]. Reigle, widow and single woman, by her de dated ]uly 8, 1988 and in the Office of the Recorder of Deeds in and for ranklin County, Pennsylvania, in Deed Book Volume "L", Volume 33, at Pa a 819, conveyed to Randy G. Bigler and Carol D. Bigler, husband and wife Grantors herein. AND the saf d Grantors wil! specially warrant the property hereby conveyed. VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE 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 are tme 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. S .4904 relating to unswom falsification to authorities. / / x.~ DATE: ~~ D ~( -! (/~J~\~ ~ W (,' ) ~~ -U~. . __: ~ _~ c IT ~- ~ i r _.~ ~j~ (.::: V ~. -."=`P~ ~~ ~„ rya.., .>a.-#]?btOfli. S'ki'.. ... ~P' 4... ~-~- ,. &~ xquxrs~ .. _ SHERIFF'S RETURN - NOT SERVED CASE Nq: 2001-04954 P `CQ)MMON~EALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS CHAMBERS LUTHER W ET AL R. Thomas Kline Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: CHAMBERS LUTHER W but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED as to the within named DEFENDANT CHAMBERS LUTHER W DEPUTIZED FRANKLIN TO SERVE AT ABOVE ADDRESS. PER FRANKLIN CO SHERIFF-NO SUCH ADDRESS. Sheriff's Costs: So answ mss: Docketing 6.00 Out of County 9.00 Dep Franklin Co 75.00 THOMAS KLIIJE Surcharge 10.00 SHERIFF OF CUMBERLAND COUNTY .00 10~-. 00 FEDERMAN & PHELAN 09/04/2001 Sworn and subscribed to before me this /3~' day of „/,.~~ ~Zef,/ A.D. Pao hC onotary ^T SHERIFF'S RETURN - NOT SERVED CASE NO: 2001-04954 P ~C(OMM©NWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS CHAMBERS LUTHER W ET AL R. Thomas Kline Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: CHAMBERS CATHERINE P but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED as to the within named DEFENDANT CHAMBERS CATHERINE P DEPUTIZED FRANKLIN CO TO SERVE AT ABOVE ADDRESS. PER FRANKLIN CO SHERIFF-NO SUCH ADDRESS. Sheriff's Costs: So answer .~ Docketing 6.00 Service . 00 =`' Affidavit .00 R THOMAS KLINE -- Surcharge 10.00 SHERIFF OF CUMBERLAND COUNTY .00 16.00 FEDERMAN & PHELAN 09/04/2001 Sworn and subscribed to before me this 3~ day of ~„T~ ~~/ A.D, Pro h notary SHERIFF'S RETURN - REGULAR CASE NO: 2001-04954 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS CHAMBERS LUTHER W ET JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHAMBERS LUTHER W the DEFENDANT at 1025:00 HOURS, on the 27th day of August 2001 at 220 S EARL ST SHIPPENSBURG; PA 17257 LUTHER W CHAMBERS 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 13.00 Affidavit .00 Surcharge 10.00 .00 41.00 Sworn and Subscribed to before me this l3~' day of 1~rothonotary So Answers: ~~~~ R. Thomas Kline 09/04/2001 FEDERMAN & PHELAN gy: s- ~. /~ .Deputy heriff .,. SHERIFF'S.RETURN - REGULAR CASE NO: 2001-04954 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS CHAMBERS LUTHER W ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHAMBERS CATHERINE P the DEFENDANT at 1025:00 HOURS, on the 27th day of August 2001 at 220 S EARL ST SHIPPENSBURG, PA 17257 by handing to CATHERINE P CHAMBERS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this q~ day of .doa~P.u....Yie<i/~ -~ Ut7 I A. D . -°P othonotary '~- So Answers: ~~~~~~~ R. Thomas Kline 09/04/2001 FEDERMAN & PHELAN By: eputy Sheriff In'The Court ~f C~m~on fleas ~f ~u~ber~and C~unlty, Pennsylvania Bank of New York VS. Luther W. Chambers ! >ERVE: Catherine P. Chambers No. O1 495.4 civil Now, August 27, 2001 , I, SHERIFF OF CUMBERLAND COUNTY; PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~: ~,~ Sheriff of Cumberland County, PA Afffadavit ®ff Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before the this day of , 20 copy of the original COSTS SERVICE MILEAGE _ AFFIDAVIT 20, at o'olock M. served the County, PA In The Court of Coirnon Pleas of Cuinberlacl Count3r, Pennsylvania Bank of New York VS. Luther W. Chambers et al jSERVE: Luther W. Chambers jvp, O1 4954 civil Now, August 27, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~-E' Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT 20_, at o'clock M. served the 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 (2151 563-7000 BANK OF NEW YORK, AS TRUSTEE 7105 CORPORATE DRNE PTX-B35, PLANO, TX 75024 v. Plaintiff COURT OF COMMON PLEAS CNIL DNISION TERM ~} ~j~, NO.(~l-~9sy l.lv~~~_ -_ l~ CUMBERLAND COUNTY LUTHER W. CHAMBERS CATHERINE P. CHAMBERS 225 SOUTH EARL STREET, SHIPPENSBURG, PA 17257 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 BEAN 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 afrer 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. We hereby CBrtlfy the " "~'` CUMBERLAND COUNTY within t0 be a true and CUMBERLAND COUNTY BAR ASSOCIATION correct copy of the 2 LIBERTY AVENUE ongglnal filed of record CARLISLE, PA 17013 FEDERMAN AND PHELAN (717) 249-3166 TRUE COPY FROM RECORD In Testimony whereof, !here unto set my hand Loan a: 7zz9, is and the seal of said Cour at Carlisle, Pa. Thi • ~Cday f ~, othonotary ,. ~. 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. Plaintiff is: BANK OF NEW YORK, AS TRUSTEE 7105 CORPORATE DRIVE PTX-B35, PLANO, TX 75024 The name(s) and last known address(es) of the Defendant(s) are: LUTHER W. CHAMBERS CATHERIIVE P. CHAMBERS 225 SOUTH EARL STREET, SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/31/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1535, Page 564. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 3/1/01 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." HOW TO CURE THE DEFAULT ~ You may cure this tlefault within THIRTY (30) DAYS of the date of This letter. by paying to us the above amount of $3,722.91, plus any atltlilienal monthly payments, tale charges, lees antl other applicable charges which may tall tlue tluring this period. Such payment must be in the form of Certifietl check. cashier's check or money ortler. antl mane payable to Countrywitle at P.O. Box 660694, Dallas, TX 75266-0694. If your Check nr Othef paymem IS reNmed to US for IOSUIIICIenI funds or for any Other tea500, you will ^Ot tlaye Cnfed your tlefault. No extension of time to cure will be grantetl tlue to a returnetl payment. IF THE MORTGAGE IS FORECLOSED UPON - If the mortgage is foreclosed, the mortgaged property will be soltl by the Sheriff to pay off the mortgage debt. If the default is curetl before we begin legal proceedings. Countrywide will be entltietl to collect the reasonable attorney's toes actually incurred. up to $50.00. However. if legal proceedings are stanetl. Countrywitle will be entitled to collect the reasonable attorney's tees even if they are over $50.00. Anv attorney s fees will be added to the securetl tlebt. which may also inclutle our reasonable costs. If you cure the tlefault within the THIRTY (30) DAY periotl, you will not be required to pay attorney's tees. OTHER LENDER REMEDIES -The lentler may also sue you personally for the unpaid principal balance antl all other Sums tlue under the mortgage. R~HT Tn coos THE DEFAULT PRIOR TO FORECLOSURE SALE - f you have not cured the tlefault within the THIRTY (30) DAY periotl antl foreclosure proceedings have begun, you still have the right to cure the tlefault antl prevent the sale at any time up to one hour before the foreclosure sale. You may tlo so by paying the total amount then past tlue. plus any late or other charges then tlue, reasonable attorney's tees and costs connected with the foreclosure sale antl any other costs connected with the foreclosure safe as specHied in writing by the lender and by pertorming ar,y other requirements untler the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same poshion as if you had never defaulted. EARLIEST POSSIBLE FORECLOSURE SALE DATE - Ii is estimated that the earliest tlate that a foreclosure sale could be held woultl be approximately six (6) months from the tlate of this letter. A notice of the date of the foreclosure sale will be sent to you before the sale. You may fintl out at any time exactly what the required payment will be by calling us at the following number: 1-877-744-7691. This payment must be in the form of a cashier's check, certified check or money ortler and matle payable to us at the adtlress stated above. If the default is cured, the mortgage will be reStoretl to the same position as it no tlefaut hatl occurred. However, the tlefault may not be curetl more than three (31 times in any calentlar year. HOW TO CONTACT THE LENDER: Name of Lender: Countrywide Home Loans, Inc. Address: P. O. Box 10221 Van Nuys, CA 9 14 1 0-022 1 Phone Number: 1-877-744-7691 Fax Number: 1-805-577-3432 Contact Person: Daniel Akins. MS SV-34 Attention: Loan Counselor EFFECT OF FORECLOSURE SALE -You should realize that a foreclosure sale will entl your ownership of the mongaged propeny antl your right to remain in it. If you continue to live in the property aver the Sheriff's sate. a lawsuit to remove you and your furnishings antl other belongings coultl be startetl by Countrywide at any time. ASSUMPTION OF MORTGAGE -Contact CountryWidre Home Loans for information on the possible assumabilify 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 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, 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 ANV OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TD ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTIDN 8Y THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Pursuant to your home loan documents. and because the home loan is in tlefault, Countrywide may, at its option, enter upon and conduct an inspection of the propeny. The purpose of this inspection is to observe the physical condition of the property, to verify that the propeny is occupietl antllor to tletermine the identity of the occupant. The cost of any such inspection will be atltletl to antl become part of the secured tlebt as provitletl untler the terms of the home loan documents. l I~ 47~ It you are unable to cure your default on or before July 7, 2001, Countrywide wants you to be aware of various options that may be available to you through Countrywitle to prevent a foreclosure sale of your property. For example: • Reoavment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywitle. 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 monthly payment, over a tlefinetl period of time. Other repayment plans also are available. • Loan Motlification: Alternatively, it is possible that the regular monthly payments can be loweretl through a modification of the loan by retlucing the interest rate and then adding [he 8elinquent payments to the current loan balance. This foreclosure alternative, however, is Iimlted to certain loan types. • Sale of Your Prooertv: Alternatively, if you are willing to sell your home in ortler to avoitl foreclosure, it is possible that the sale of your home can be approved through Countrywitle even it your Home is worth less than what is owed on it. • Deetl-in-Lieu: Alternatively, if your property is free from other liens or encumbrances, antl if the default is tlue to a serious financial hartlship which is beyond your control, you may be eligible to deetl your properly directly to the Noteholtler and avoitl the foreclosure sale. Ii you are interested in discussing foreclosure alternatives with Countrywide, you must contact us immetliately. If you request assistance, Countrywide will tletermine, in its sole discretion, whether such assistance will be extended fo you. In the meantime, Countrywide will pursue all of its rights and remetlies untler the home home loan documents and as permitted by law, unless it agrees otherwise in writing. Please be atlvised that failure to bring the home home loan current or to enter into a written agreement as outlined above will result in the acceleration of the debt. Time is of the essence. Should you have any questions concerning this notice, please contact Countrywide's office immetliately at 1-877-744-7691, extension 4731. D1zKieE ~ Darnel Akins Loan Counselor 1-877-744-7691, extension 4731 Please he atlvisetl that this communication is from a debt collector. ~x~rB~c~ PENNSYLVArNL4 ROUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRA,YI CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming-Ctimm~ Counties Cornmision for CCCS of Northeazum PA Community Action (STEP) 1631 South Atherton St, Suite 100 2138 L(ncoln Sveet P.O. Box 1328 Stam College. PA 16801 Williamspoq PA 17703 (814) 238-3668 FAX (SI1) 233-1669 (570) 326-0587 FAX (170) 322-Z 197 CCCS nfNortheaz[em PA 20l Basin Sveet Williamsport, PA !7703 (570) 323-6627 FAX (570) 323-6626 3I-W. Marke[ Svee[ POB 1127 Wilkes.Bame, PA 18702 (570) 821-0837 or (800) 922.9537 FAX (570) 821-1785 COLUy(BG1 COL-`1TY Commission on Economics Opportunity of Luzeme County l63 Amber Lane Wilkes•Bame, PA 18702 (570) 326-0510 or (800) 822-0359 FAX (570) 329-1665~Call Before Eaxing) (570) 455994 Hazeltown FAX (570) 455-5631-(Call Before Faxing) (570)836-1090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (8li) 453-1744 FAX (814) 5749 John f. Kennedy Center, Inc. 202! East 20'" Svee[ Erie, PA 16510 (811)898.0400 FAX (8l4) 398-1243 CCCS of Western Pennsylvania, Inc 2000 Linelestown Road Harrisburg, PA 17102 (7!7)54!-1757 Urban League of Mevopoliran Harrisburg N. 6i° Sveet Harrisburg PA I7I01 (717) 234-1925 FAX (717) 231-9419 Community Action Comm of the Capital Region LS I1 Dem Sveet Harrisburg, PA I7I04 (7l7) 232-9757 FAX (7l7) 234-2227 CRAWFORD COLti'FY CL';rIBERLAW COUNTY 1400 Abington Execu[ivc Park Suite l Clarks Summit PA 18411 (570)587.9!63 or (800)921-913" FA3C (570) 58 i-9133.913: Greater Erie Community Action Commiaee 18 West 9i° Svee[ Erie, PA 16501 (814) 459-1581 FA.'( (813)156-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (4!2)98!-5310 Financial Counselin_e Szn~ices of Fr..nklin 3l West 3" Sveet Waynesboro, PA 17168 (7l7) 762-3285 YWCA of Carlisle 301 "G" Street Culisle, PA 17013 (7!7)243.3813 FA.\!1!7)71 I-9589 Adams County Housing Authority li9-143 Carlislz SL Gettysburg, PA 1731? (717)334-1518 FA.'C ;33.8316 PENNSYLVA2ILA BULLETIN, VOL. 29, NO. ~, JUNE 5, 1999 ALL of stable thereon ~ Pennsylvania, a follows: Philadelphia & Re Right of Way of t with the line of tl Earl Street, eater road and along tl thence Southway post previously lc Northwardly 46.: of Wilbur E. and Detwiler, Northw Right of Way of ' Westwardly with Reading Company Detwiler; thence thence with land ~ wife, North 88 de formerly of the Pf West, 25.43 feet' aforesaid; thence CONTAINING 109 by Harry McElharE certain lot of ground with a brick dwelling house and frame cted, situated in Shippensburg Township, Cumberland County, known as ~, bounded and described as at a stake on -the Southern edge of the Right of Way of the ling Railroad (The Reading Company) where it intersects tfie Pennsylvania Railroad (C.V. Division); thence Southwardly Right of Way of the said Pennsylvania Railroad along South 'd to a stake; thence Eastwardly across the said street on line now or formerly of said Atlantic Reining Company; r with the said Atlantic Refining Company 100 feet to an iron ited near the oil tank of the said Company; thence degrees East 186.5 feet to an iron pin at land now or formerly avid F. Detwiler; thence with the said land now or formerly of fly 23 degrees West, 257 feet to the Southern edge of the e Reading Company near a clump of locust trees; thence Sold railCOad to thA nlara of RFI:TNn1TR1(: at a stake on the Southern edge of the Right of Way of The at corner of (ands now or formerly of Wilbur E. and David F. Guth 26 degrees 19 minutes East, 28.05 feet to a stake; ow or formerly of Harry McElhare and Emma McElhare, his Tees 13 minutes West, 215.51 feet to a stake ak land now or insylvania Railroad; thence North 12 degrees 30 minutes ~ a stake on the Right of Way of The Reading Company vith the said Right of Way to the place of BEGINNING. 1000 acres sold and conveyed out of the land first aforesaid and Emma McElhare, his wife, to The Reading Company. BEING thatsame real estate that Miriam ]. Reigle, widow and single woman, by her dei:tl dated July 8, 1988 and in the Office of the Recorder of Deeds in and for Franklin County, Pennsylvania, in Deed Book Volume "L", Volume 33, at Pa~e 819, conveyed to Randy G. Bigler and Carol D. Bigler, husband and wife. Grantors herein. AND the said Grantors wil! specialty warrant the property hereby conveyed. VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE 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 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. 4904 relating to unswom falsification to authorities. DATE: ~ ~ U r 4i ~ a, skit: ~ :~ ...,.~i ~° r ~~ t00Z 8 Z 9(Itl '. k. t -~' ~~ ~: ~-~ ~nb ~~ i-.' ;_~~J 1 ~ ~f~~ \::. 1 , ink' ~ __ _-_- _. H&B~RWAiRTf k-s a~rtiYi.- N > •.~tu' +,. , ~`s~r. axn r~Hi "=4E'da?,n;m~ ~~~R `•= Sv lNffr>f~1?QR~ 6. The following amounts are due on the mortgage: Principal Balance $68,788.27 Interest 3,389.95 2/1/01 through 7/1/01 (Per Diem $22.45) Attorney's Fees 3,439.00 Cumulative Late Charges 769.52 3/31/99 to 7/1101 Cost of Suit and Title Search 550.00 Subtotal $76,936.74 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $76,936.74 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. 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 regular 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 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 $76,936.74, together with interest from 7/1/01 at the rate of $22.45 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, ESQUIItE Attorney for Plaintiff A cis Countrywide HOME LOANS Sentl Cortespontlence lo'. Sentl Payments to: P.O Box 8239 P.O. Box 660694 Vnn Nuys, GA 9f4n9~B239 Dallas. TX 152660694 Cenitied Mail No. June 7. 2001 Return Receipt Requestetl Regular Maif Catherine P Chambers , 22S South Earl Street Shippensburg, PA 1 7 257-0000 Account No.: 7229116 Property Address: ' 225 South Earl Street Shippensburg, PA 17257-0000 Current Servicer: Counlrywitle Home Loans, Inc. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that [he mortgage on vour home is in tlefau8 and the lender intends to foreclose. Specific Information about the nature of the tlefault Is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able [o help to save your home. This Notice explains how the program works. Ta see if HEMAP can help. you must MEET WRH 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 Aaencv. The names atltlresses and hone numbers of Consumer Credit Counselln A encies servin our Count are listed at the end of this Notiee. 8 ou have an uestfons ou ma call the Penns Ivania Housin Finance Aaencv toll-tree at i-800.342.2397 (Persons with impafretl hearing can call 1-717.760-1869.) This No[ice contains important legal Information. M you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help answer them. Vou may also want to contact an anorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUMO 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 INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL Nl1MER0 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 1983 (THE "ACT"), YOU MAV 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 70 PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. Please write your account number on all checks and conespentlence Carnenne P Cnam6ers 7229118-0 zzs sown can srreei a i.,uPi~ usoo~s,oroa aiwama.ngme. ern,.wmm o~ni.rc~,: om.w~. i~miti pip. ECBRPP ~Countrywide• HOME LOANS P.0 Box 660694 Dallas, TX 75266-0694 il,,,IrIrI„rlrirllrr.II.,II,.,,II„I,I„rlr,llrlr„I.,1„Iril BCBRPA fi/2612000 $3,722.91 AS OF July 7, 2001 722911800003722910372291 ~_-'~~~~~ ~ Countrywide HOME LOANS Sentl Correspondence lo: Sentl Payments lo: P O Sae 6239 P O Box 660694 van Nuys. CA 91409-8239 Gallas. TX 75266-0694 Certifietl Mail No. June 7, 2007 Return Receipt Requestetl Regular Mail Luther W Chambers 225 South Earl Street Shippensburg. PA 17257-0000 Account No.: 7229116 Property Address: 225 South Earl Street Shippensburg, PA 17257-0000 Current Servicer: Countrywide Home Loans. Inc. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort a e on our home is in tlefault antl the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be ahle to help to save your home. This Notice explains how the probram works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDR COUNSELING AGENCY WRHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with au when ou meet with the Counselin A enc . The names addresses and phone numbers of Consumer CredR Counseling Apenefes serving your County are listetl at the end of this Notice. B ou h ve an uestlons ou ma call the Penns Ivania Housin Finance Apencv toll-free at 1-800.342-2397. (Persons with impaired hearing can call 1-717-780-1869.1 This Notice contains ImportarH legal iMOrmetion. M you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help answer them. 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 SOMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION 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 WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF VOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, ANO IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. Please write your account number on a0 checks antl conespontlence. LwM1er W CM1ambers 722911 B-0 ns sown Berl sveel p Ixup 1o F15 W IYA W n Fllwil brM1:xf to ea#revnMppnnt aRpl ssgFVw¢e LmINb/kw BC9nPA ~Countrywide~ HOME LOANS P.O. Box 660694 Dallas. TX 752660694 Illrrlllrlrlllrlllllrrlirrllllrlll,rllllrllllllrlllrllrllrlrll BCBRPA 6262000 $3,722.91 AS Of July 7, 2001 f ~,XHIBIT~ 722911800003722910372291 TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitletl to a temporary stay of foreclosure on your mortgage for thirty (30) tlays from the tlate of this Notice. During that time you must arrange and attentl a "face-to-face" meeting with one of the consumer cretlit counseling agencies listed at the entl of this Notice. THIS MEETING MUST CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer cretlit counseling agencies listetl at the entl of this notice, the lentler may NOT take action against you for thirty (30) days aher the tlate of this meeting. The names addresses antl telephone numbers of tlesignatetl consumer credit counseling agencies for the county in which the propertv is locatetl are set fodh at the end of this Notice. It is only necessary to schetlule one face- io-face meeting. Atlvise your lentler immetliately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later In this Notice (see following pages for specific information about the nature of your tlelault.) If you have treed antl are unable to resolve this problem with the lentler, you have the right [o apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To tlo so, you must fill out, sign antl file a completetl Homeowner's Emergency Assistance Program Application with one of [he tlesignatetl consumer cretlit counseling agencies listetl at the end of [his Notice. Only consumer cretlit 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 be filetl or postmarketl within thirty (30) tlays of your face-to-face meeting. VOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF VOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAV PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be tlisbursetl by the Agency untler the eligibility criteria establishetl by the Act. The Pennsylvania Housing Finance Agency has sixty (60) tlays to make a decision aher it receives your application. During that time, no foreclosure proceetlings will be pursuetl against you if you have met the time requirements set fodh above. You will be notifietl directly 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 PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (II you have flied bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THE DEFAULT - Countrvwltle Home Loans. Inc.. (hereinafter "Countrywide") services your home Inan. Your home foan is in serious detautt because you have not matle your requiretl payments. The total amount now requiretl to reinstate your home loan as of the tlate of this letter is as follows: Monthly Payments: Late Chames: Other Charges: $699.52 $34.98 Uncollectetl Late Charges: uncollected Costs: TOTAL DUE: PAYMENT INSTRUCTIONS Please Make Your cnecx payable to Counlrywlne Home Loans Write your loan number on your chock or money ortler Write m any adrfiflonal amounts you are including. (If Inlal is more Inan 55000, pleese sentl cediaetl check ) Don't attach your Check to the payment coupon Con i IncWtle correspondence Oon I sentl cas'n Payments: All Vaymenls wAl be dDPlietl to the longest ou151dlMnlg IOStallmenf tlee, unless otherwise expressly prohiblled by law A4tlgional amounts. II you tlon'1 specify the pmpo5e of atltlBenal amounts mcWtleQ we wJl apply Ihem lust Io any ou151anding payments, escrmv delrcmnne5, late charges andor fees due We will then apply any remaining dmeunls as a pnaLlpol retluglen. II you Sudmx an atltlai0nal prmapol payment wah your Home ban payment, Counrrywxk will Iir51 apply your home loan payment, men the adoalonal pnnnpal payment Yaw loan must be cunenl balore we can apply any pnncipabetlucllon $2,798.08 $104.94 $629.64 $190.25 $3,722.91 /1• !fV'e C t v FEDERMAN AND PHELAN, LLP .~ key: FRANKFEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 BANK OF NEW YORK, AS TRUSTEE 7105 CORPORATE DRIVE PTX-B35 PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. LUTHER W. CHAMBERS CATHERINE P. CHAMBERS Defendant(s). CIVIL DIVISION NO. 01-4954 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LUTHER W. CHAMBERS and CATHERINE P. CHAMBERS, 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 7/1/01 to 6/10/03 TOTAL $ 76,936.74 $15,939.50 $92,876.24 I hereby certify that (1) 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ ~ ll ~ ~03 ~ w """`~ PRO PROTHY j~XO .FEDERMAN AND PHELAN °'1~ Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 BANK OF NEW YORK, AS TRUSTEE Plaintiff vs. LUTHER W. CHAMBERS CATHERINE P. CHAMBERS Defendant TO: CATHERINE P. CHAMBERS 220 SOUTH EARL STREET SHIPPENSBURG,PA 17257 DATE OF NOTICE: SEPTEMBER 18.2001 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO.O1-4954 CIVIL i. 1 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, SUT 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 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 -9 ~ ~Ft DERMAN AND PHELAN, L . L . P . Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 BANK OF NEW YORK, AS TRUSTEE Plaintiff vs. LUTHER W. CHAMBERS CATHERINE P. CHAMBERS Defendant(s) TO: LUTHER W. CHAMBERS 220 SOUTH EARL STREET SHIPPENSBURG,PA 17257 DATE OF NOTICE: SEPTEMBER 18,2001 ATTORNEY FOR PLAINTIFF CIVIL DIVISION COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-4954 CIVIL ~.. ~ .. n - ~~~ ~.: 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. 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 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 COUN'T'Y CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff ~~ ~' w ~ C~ 1 y~ ~\ ~1 °~ ~~9 ~° 1 ti C' 4>: f = C~.' s, t T i= <~ l_ :r ~-' ~,.~ __~ G '-- s= ~ +_;? f P~ _' -ii :I Pi -~ iii _., FEDERMAN and PHELAN, LLP „ . -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 (2151563-7000 BANK OF NEW YORK, AS TRUSTEE 7105 CORPORATE DRIVE PTX-B35 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. LUTHER W. CHAMBERS CATHERIlVE P. CHAMBERS Defendant(s). CIVIL DIVISION NO.O1-4954 CIVIL 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 LUTHER W. CHAMBERS is over 18 years of age and resides at , 220 SOUTH EARL STREET, SHIPPENSBURG, PA 17257 . (c) that defendant CATHERINE P. CHAMBERS is over 18 years of age, and resides at 220 SOUTH EARL STREET, SHIPPENSBURGH, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ ~m FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff c> -- r. _ ~. ~.-. _ t, ~= ~' z - ' ° =~: ~_ ?, L ~ ~ ~ ;~ ' 1~ _ ~\ .. ~+ '., . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF NEW YORK, AS TRUSTEE Plaintiff, v. No. 01-4954 CIVIL LUTHER W. CHAMBERS CATHERINE P. CHAMBERS Defendant(s). TO THE DIltECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $92,876.24 Interest from6/11/03 to SEPTEMBER 3, 2003 $1,297.95 and Costs (per diem -$12.99) TOTAL 94,174.19 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. _, c~ z Wa H 0 ~ ~ ~ ~ U z z a a w ~ z ~"~ ~, ~ ~ a ~ w O ~ ~" U Oz ~ ? Ua F 00 ~' ~z ~ U ,~ a a a A W x W Nx O W Oa ~ aV w U W F ~ ~ z p ~ a d ~. 0 U L L 'w" r r ~ ~ N N r ~ .r ti Q~ a a~ C7 C7 as ~~ ~a ~ ~~ zz ww a, a aw ~~ ~~ ~~ WW ~~ N N N N N b b a ~~~rr G' (fir sue. .~ 1sy ~ .'-. ALL of that certain (ot of ground with a brick dwelling house and frame stable thereon erected, situated in Shsppensburg Township, Cumberland County, s..... Pennsylvania, and known as zZ5 ~~o~tfi~'Eart-Street, bounded and described as follows: BEGINNING at a stake on the Sout;`~ern edge of the Right of Way cf the Philadelphia & Reading Railroad (The Reading Company) where it intersects the Right of Way of the Pennsylvania Railroad (C.V. Division); thence Southwardly with the tine of the Right of Way of the said Pennsylvania Railroad along Scuth Earl Street, extended to a stake; thence Eastwardly access the said street on road and along the line now or formerly of said Atlantic Refining Company; thence Southward~y with the said Ati~ntic Refining Company 100 feet to ar, iron . post previously located near the oil tank of the said Cempany; thence Northwardly 4bZ.~ degrees East 186.5 €eet to an iron pin at land now or formerly of Wilbur E. and Ciavid F. Detwiler; thence with the said land now or formerly of Detwiler, Northwardly 23 degrees West, 257 feet to the Southern edge of the Right of Way of Tlje Reading Company near a clump of Iecust trees; thence Westwardly with e said railrcad to the nlara of RFr:YNNTT~IC: I i SEGINNING at a stake on the Southern edge of the Right of UJay of The Reading Company!at corner of lands now or formerly of Wilbur E. and David F. Detwiler; thence South 26 degrees 19 minutes East, 28.05 feet to a stake; thence with land niow or formerly of Harry McElhare and Emma Mc;=lhare, his wife, North 88 degrees 13 minutes West, 215,51 feet to a stake at land now er formerly of the Pennsylvania Railroad; thence North 12 degrees 30 minutes West, 25.43 feet to a stake on the Right of Way of Tne Reading Company aforesaid; thence with the said Right of Way to the place of BEGINNING. CONTAINING 109,(1000 acres sold and conveyed out of the land first aforesaid by Harry McElhare and Emma McElhare, his wife, to The Reading Company. BEING that'same real estate that Miriam J. Reigle, widow and single woman, by her deed dated July 8, 1988 and in the Cffice of the Recorder of Deeds in and for Franklin County, Pennsylvania, in Deed Book Volume "L", Volume 33, at Pale 819, conveyed to Randy G. Bigler and Carol D. Bigler, husband and wifeA Grantors herein. ANO the said Grantors will specialty warrant fine property hereby conveyed. j T A r .. °- ,,.~ 2~ C.?-' RS i ~ ~ °n '~ !, ~~ ~ _ ~ ~ ~ ~ ~ ~~, ~~. ~, .r \i ~ 'emu`' ~ '~ ~ti~- .~ ~ ~ ~ g. ~ r-- z~. r _ ~i -c~ ~ n ~~. - 7• t ':_i ~ ' ~ . ~ ~ _~ ~~- ., ~-. _ ~, G_ V 1 ~, ~\ off... .. _~R'`'~~~ va;.y~.r .n~.rrr.t^a,-.+~-z=~ -,r-m~~sr~~.ra'aJf3i+~~,`,~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-4954 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK, AS TRUSTE Plaintiff (s) From LUTHER W. CHAMBERS AND CATHERINE P. CHAMBERS , 220 S. EARL ST., SHIPPENSBURG PA 17257., (1) You aze duetted to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 225 S. EARL STREET, SHIPPENSBURG PA 17257 (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 aze directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 92,876.24 L.L. $.50 Interest 6/11/03 TO 9/3/03 @ $12.99 PER DIEM = $1,297.95 Atry's Comm % Due Prothy 1.00 Atty Paid $245.00 Other Costs Plaintiff Paid Date: Ji1NE 11, 2003 CURTIS R LONG Pro otary (Seal) By: C D ty REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIItE Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 ~o~ . UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLYANIA IN RE: -C7~"~' LUTHER W. CHAMBERS CATHERINE P. CHAMBERS Debtor(s) AND NOW, ~pV ~.~ 3 ~OVn~r ~ t~ 1ZZ9 l~~ CASE NO.: 1-Ol-OS320 CHAPTER 13 Upon Trustee's Motion to Dismiss (and hearing if appropriate), and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED thatthetnrsteeherebyisdischarged from furtherresponsibility inthis case,and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. $anlauptcy Court. DATE: MAY 21 200,1 HARRISBURG, PENNSYLVANIA LUTHER W 8c CATHERJNE P CHAMBERS 225 S BARL ST SHIPPENSBURG PA 17257 ROBERT L. OBRIEN ESQ OBRIEN BARK & SCHERER 17 WEST SOUTH STREET CARLISLE, PA 17013 CHARLES J DEHART III ESQ PO EOX 410 H1]MMELSTOWN PA 17036 BY THE COURT: 0 CY JUDGE '~ FILE~D'~'' H^A P~AaUNG M- AY 2 1~ Cierk, U.S. Bankr,.iptcy Gourt ~- 058813 i.J 7 ~fL~ r ~~• ':...~ ~ ~~ '~ Hil r= [ r . _ i . .~, .A~ ~,.. `/r~ 3 ` ' ~~ , - _ kaa?Ajax:airrv~,t'-'~.ue.~~a;a=i,;+a::~sa?.:s~~,r~,rr~¢c~#a9ut~b re ;..::e:. ~ .,., ~-u ~ ,~°._.s. .~.~*a .a.~u~ssa~§,~~°$; „ F~DERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 BANK OF NEW YORK, AS TRUSTEE Plaintiff, v. LUTHER W. CHAMBERS CATHERINE P. CHAMBERS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4954 CIVIL 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: Q an FHA mortgage O 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. ~g FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ATTORNEY FOR PLAINTIFF 5 Z~` ~{rj '. _ ~_ ~r _ ..` , - :_.. tiC, r ", 1.,. .. ~s ~-~~ w~.. rm..~r'RT~~acN~_ ~. ~ ^' ~ ~ . .. ~ - .s~1a~ Xas~pf3'Px r :'pgT. .,^'-"*~ w +kbr~~i3irViEP O ._ ~ ;BANK OF NE W YORK, AS TRUSTEE r Plaintiff, v. LUTHER W. CHAMBERS CATHERINE P. CHAMBERS CIVIL DIVISION NO.Ol-4954 CFVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK, AS TRUSTEE, 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 ,225 SOUTH EARL STREET, SHIPPENSBURG, PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LUTHER W. CHAMBERS CATHERINE P. CHAMBERS CUMBERLAND COUNTY -COURT OF COMMON PLEAS 220 SOUTH EARL STREET SHIPPENSBURG, PA 17257 220 SOUTH EARL STREET SHIPPENSBURGH, PA 17257 2. Name and address of Defendant(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) C.F.J.M.A. SPRINT TELEPHONE 725 MUNICIPAL DRIVE C/O ANGELIQUE RINLINGER SHIPPENSBURG, PA 17257 213 W. LAPORTE P.O. BOX 190 PLYMOUTH, IN 46563 f^4 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) None 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known 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 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 indicate) 225 SOUTH EARL STREET SHIPPENSBURG, PA 17257 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 to unsworn falsification to authorities. June 10, 2003 ~~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff J ~. ~i !'-- - "' _ ~ r' =` -,. _ -- ~< ... -. BANK OF NEW YORK, AS TRUSTEE Plaintiff, v. LUTHER W. CHAMBERS CATHERINE P. CHAMBERS Defendant(s). CUMBERLAND COUNTY No. 01-4954 CIVIL June 10, 2003 TO: LUTHER W. CHAMBERS 220 SOUTH EARL STREET SHIPPENSBURG, PA 17257 CATHERINE P. CHAMBERS 220 SOUTH EARL STREET SHIPPENSBURGH, PA 17257 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUKAVE PREVIOUSLYRECEIVED ADISCHARGE I1V BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. Your house (real estate) at , 225 SO scheduled to be sold at the Sheriffs Sale on at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $79,024.59 obtained by BANK OF NEW YORK, AS TRUSTEE (the mortgagee) against you. hi 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: 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: (2151563-7000. 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. You may also be able to stop the sale through other legal proceedings. „. *=-., You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice 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 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 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 (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 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 (717) 249-3166 (800) 990-9108 ALL of that certain (ot of ground with a brick dwelling house and frame stable :hereon erected, situated in Shippensburg Township, Cumberland County, Pennsylvania, and known as 2Z5 ~o~tft Ea~-Street, bounded and described as follows: i3EGINN1Nt5 at a stake on the Southern edge of the Right of Way of the Philadelphia & Reading Railroad (The Reading Company) where it intersects the Right of Way of the Pennsylvania Railroad (C.V, pivision); thence Southwardly with the line of the Right of Way cf the said Pennsylvania Railroad along South Earl Street, extended to a stake; thence Eastwardiy access the said street on road and along the line now or formerly of said Atlantic Refining Company; thence Scuthward~y wits" the said Atl~nfiic Refining Company 100 feet to an iron post previously located near the oil tank of the said Company; thence Northwardly 46.2 degrees East 186.5 €eet to an iron pin ak (and naw ar Formerly of Wilbur E. and David F, Del,~viier; thenca with the said land new or formerly of DebNiler, Northwatdly 23 degrees West, 257 feet to the Southern edge of the Right of Way of T~e Reading Company near a clump of locust trees; thence Westwardly with e said railroad to the nlara of RF(;TNNTt~I(; i SEGINNING at a stake on the Southern edge of the Right of Way of The Reading Company!at corner of (ands now ar formerly of Wilbur E. and David F. Detwiler; thence South 26 degrees 19 minutes East, 28.05 feet to a stake; thence with land niow or formerly of Harry McElhare and Emma Mc;rihare, his wife, North 88 degrees 13 minutes West, 215.51 feet to a stake at land now or formerly of the Pennsylvania Raiircad; thence North 12 degrees 30 minutes West, 25.43 feet to a sake on the Right of Way of Tne Reading Company aforesaid; thence with the said Right of Way to the place of 81=GINNING. CONTAINING 109,(1000 acres sold and conveyed out of the land first aforesaid by Narry McE7hare and Emma McElhare, his wife, to The Reading Company. 8>~ING that~same real estate that Miriam ). Reigle, widow and singfe woman, by her de°ti dated July 8, 1988 and in the Cffice of the Recorder of Deeds in and for Franklin County, Pennsylvania, in Deed Book Volume "L", Volume 33, at Pale 819, conveyed to Randy G. Bigler and Carcl D. Bigler, husband and wife Granters herein. ANO the said Grantors will specially warrant the prcper~j hereby conveyed. ~ ~,, c =- ,~ -~ - 'ci1., n-: , ~ - / ' __. i, -C~ ~_ iy,, t -:. i- ; l` _ -, ~ <: '~J y! fir, S' C_ ~ -_i = ~ ..... YL7 1 •,~ -ti ~~~.. _ar ~. wq~xa,~ .,~-,xi~: .=Frt w*Fi1SF~#?~ ...=~t~+~al~~kR'~._. - Bank of New York, as trustee VS Luther W. Chambers and Catherine P. Chambers In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4954 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 2.68 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Advertising 15.00 Share of Bills 28.90 Levy 15_00 $ 136.88 paid by attorney 7/24/03 Sworn and subscribed to before me ~s:.~C `~~ This ~ day of , ~1 /~ , p,~R. T~ho/mas Kline, Sher/if/f 2003, A.D. < ~,4,.,, - (~ ~t'`~"' ~ '7"-' BY ~/0 ~~,i~yl / C~1 Prothonotary Real E to Deputy 1-~`0 COe_. 41 ~~ 1 ~,. I Y6'~ 4a BANK OF NEW YORK, AS TRUSTEE v. Plaintiff, LUTHER W. CHAMBERS CATHERINE P. CHAMBERS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-4954 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK OF NEW YORK, AS TRUSTEE, 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 ,225 SOUTH EARL STREET, SHIPPENSBURG, PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name LUTHER W. CHAMBERS CATHERINE P. CHAMBERS Last Known Address (if address cannot be reasonably ascertained, please indicate) 220 SOUTH EARL STREET SHIPPENSBURG, PA 17257 220 SOUTH EARL STREET SHIPPENSBURGH, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last lrnown address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name C.F.J.M.A. SPRINT TELEPHONE Last Known Address (if address cannot be reasonably ascertained, please indicate) 725 MUNICIPAL DRIVE C/O ANGELIQUE RINLINGER SHIPPENSBURG, PA 17257 213 W. LAPORTE P.O. BOX 190 PLYMOUTH, IN 46563 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) None 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 225 SOUTH EARL STREET SHIPPENSBURG, PA 17257 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 to unsworn falsification to authorities. June 10, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff BANK O)! NEW YORK, AS TRUSTEE Plaintiff, v. LUTHER W CHAMBERS CATHERINE P. CHAMBERS Defendant(s). CUMBERLAND COUNTY No. 01-4954 CIVIL June 10, 2003 TO: LUTHER W. CHAMBERS 220 SOUTH EARL STREET SHIPPENSBURG, PA 17257 CATHERINE P. CHAMBERS 220 SOUTH EARL STREET SHIPPENSBURGH, PA 17257 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATIDN OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at , 225 SOUTH EARL STREET. SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 322003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $79.024.59 obtained by BANK OF NEW YORK, AS TRUSTEE (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: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To fmd 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. You may also be aUle to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 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 (2151563-7000. 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 fmd 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 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 (717) 249-3166 (800)990-9108 AE_L of thai certain lot of graUnd wtth a brick dwelling house and frame stable thereon erected, situated in Shippensburg Township, Cumberland County, Pennsylvania, and known as 225 ~o~tfi~Ea~'Stteet, bounded and described as fo{Inws: BEGINNING at a stake on the Sout:`tern edge of the Right of Way of the Phiiade{phia & Reading Railroad (The Reading Company) where it intersects the Right of Way of die Pennsylvania Railroad (C.V. Division); thence Southwardly with the tine of the Right of Way of the said Pennsylvania Railroad along South Earl Street, extended to a stake; thence Eastwardiy acress the said street on road and along the line now or formerly of said Atlantic Refining Company; thence Southwardyy with the said AfJ'antic Refining Company 100 feet to an iron . post previously located near the oil tank of the said Company; thence Northwardly 46.2.E degrees East 186.5 feet to an iron pin at (and now or formerly of Wilbur E. and Gavid F. Detwiler; thence with the said land now or formerly of Detwiler, Northwardly 23 degrees West, 257 feet to the Southem edge of the Right of Way of T~e Reading Company near a clump of locust trees; thence Westwardly with e said railroad to the nlara ~f ~Fr;rNnirnir; j - BEGINNING at a stake on the Southern edge of the. Right of Way of The Reading Company!at corner of lands now or formerly of Wilbur E. and David F. Detwiler; thence South 26 degrees 19 minutes East, 28.05 feet to a stake; thence with land niow or formerly of Harry McElhare and Emma Mc~;hare, his wife, North 88 degrees 13 minutes West, 215.51 feet to a stake at land now or formerly of the Pennsylvania Railroad; thence North 12 degrees 30 minutes West, 25.43 feet to a stake on the Right of Way of Tne Reading Company aforesaid; thence -with the said Right of Way to the place of BEGINNING. CONTAINING 109,{1000 acres sold and conveyed out of the land first aforesaid by Narry McElhare and Emma McElhare, his wife, to The Reading Company. BEING that;same real estate that Miriam J. Reigle, widow and single woman, by her dead dated July 8, 1988 and in the Office of the Recorder of Deeds in and far Franklin County, Pennsylvania, in Deed Book Volume "L", Volume 33, at Pare 819, conveyed to Randy G. Bigler and Carol D. Bigler, husband and wife Grantors herein. AND the said Grantors will specially warrant the property hereby conveyed. i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-4954 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK, AS TRUSTE Plaintiff (s) From LUTHER W. CHAMBERS AND CATHERINE P. CHAMBERS , 220 S. EARL ST., PA 17257., (1) You aze duected to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 225 S. EARL STREET, SHIPPENSBURG PA 17257 (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 aze duected to notify him/her thaYhe/she has been added as a garnishee and is enjoined as above stated. Amount Due 92,876.24 L.L. $.50 Interest 6/11/03 TO 9/3/03 @ $12.99 PER DIEM = $1,297.95 Atty's Comm % Due Prothy 1.00 Atty Paid $245.00 Other Costs PlaintiffPaid Date:.IUNE 11, 2003 CURTIS R. LONG Proth otary (Seal) By: ~ epu REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (21~ 563-7000 Supreme Court ID No. 12248 Real Estate Sale # 70 On June 17, 2003 the sheriff levied upon the defendant's interest in the real property situated in Shippensburg Township, Cumberland County, PA known and numbered as 225 South Earl Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 17, 2003 BY~ '~~ ~~. ~1'V1,1. Gh, Real Estate eputy .I ~.. r .r C m~J.v .Ax ,:v_ b'z -qx~.r n 9m~,u~avyq~ .-,® wn -. ~,~"nTV~_a~, "h'_-w~~`1:vl%Pasi'~.iaaspaHkR~a~e~kam¢a'a ~..x: [.. .:-,>,: FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK, AS TRUSTEE :Cumberland County Plaintiff, : Court of Common Pleas vs. ~ :CIVIL DIVISION LUTHER W. CHAMBERS : N0.01-4954 CIVIL CATHERINE P. CHAMBERS Defendant(s) PRAECIPE °TO VA AT I ID ,M NT WITHOUT"PREJUDICE TO THE PROTHONOTARY: Kindly VACATE the Judgment which was entered on 6/11/03 against LUTHER W. CHAMBERS and CATHERINE P. CHAMBERS, Defendants, in the amount of $79,024.59 relative to the instant matter, without prejudice, upon payment of your costs only. F NK FEDER N, ESQUIRE Attorney for Plaintiff Dated: June 26, 2003 n c~ ~-• c «s ~~ ~ ~ ~ ' ~' a w ~, ~ ~~ ~ ~ `~ ` (r~ /^ ~ r v 1 c ' c> G ~ , ~, n-, ~c._ ._. -,~. ~._; -d C1> `< ~~ ,.._.. .~~~.. - _ ,: crw+€v.~..i'.Awsxia~raau~ ~-~ „~.-xv .i~o,. ~M ~ kme~ ,vwr~i~ts~,au ,. FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE Atty. LD. No.: 12248 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 BANK OF NEW YORK, AS TRUSTEE v. LUTHER W. CHAMBERS CATHERINE P. CIIANIBERS PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.O1-4954 CIVIL CUMBERLAND COUNTY X A. Plaintiff hereby withdraws the complaint filed in this matter. Please mazk this case discontinued and ended without prejudice. B. Please mazk this case settled, discontinued and ended. ~ q 03 Date F c Fedenna Attorney for Plaintiff c ' `~' ~ ~ ~-~ m. .. -y~ . ~, ;:;; ~, ~ r..J 7 ~ .x d c~ ~~ ~.. _., .+~ 5[33"~~,, ,*'a~~` rg~,P~~' .