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Home My WebLink About01-06842 ,;;' ~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BOULEVARD SUITE 1400 PHll.,ADELPHIA, PA 19103-1814 (71 'j) 'j(i1-7000 ATTORNEY FORPLAThITIFF COURT OF COMMON PLEAS CIVIL DIVISION COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE CENTER DRIVE PLANO, TX 75024-3632 TERM Plaintiff NO. 01--- (p r-4-l- ~ CUMBERLAND COUNTY v. DANIEL R. ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS, PA 17324 Defendant( s) CTVIT, ACTION - T,AW COMPT ,A TNT TN MORTr.Ar.R FORRCT ,mmRR NOTICF, **TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 4933165 "i~~-W~'~'Jll"",,",,,r..-_ -"-1:""'- -~t _~_=h~_._._^ _ _~....." ~h"", <'''r~~''-'-'' J, <<:~@'L! _ ,-~,""._. ~._ _ :-<_, ' 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 WITIDN THIRTY (30) DAYS OF RECEIPT OF TIDS 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 WITIDN TIDRTY (30) DAYS OF RECEIPT OF TIDS 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 TIDRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT TIDS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITIDN 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 TIDRTY (30) DAYS AFTER YOU HAVE RECEIVED TIDS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITIDN THE TIDRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF TIDS 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 TIDS SUIT. '-If-' - ,,-. ,'"-- ~ ,. _..&<.-_<, .. 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE CENTER DRIVE PLANO, TX 75024-3632 2. The name(s) and last known addressees) of the Defendant(s) are: DANIEL R. ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS, P A 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/6/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ALLIED BANCSHARES MORTGAGE GROUP, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1496, Page 564. By Assignment of Mortgage dated 4/5/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 608, Page 747. 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 7/0 I/O I and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. '''q-!)>lll!J,__ - - ~- "'-"'~I ,- , : ~ ~" - - .""""""~" 6. The following amounts are due on the mortgage: Principal Balance Interest 6/0110 I through 11/0110 I (per Diem $16.12) Attorney's Fees Cumulative Late Charges 11/6/98 to 11/01101 Cost of Suit and Title Search Subtotal $72,535.88 2,482.48 1,250.00 167.84 55.Qj)Q $76,986.20 Escrow Credit Deficit Subtotal 0.00 148.J..1 $ 74R 17 TOTAL $77,734.37 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sak 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. WHEREFORE, PLAINTIFF demands an in = Judgment against the Defendant(s) in the sum of $77,734.37, together with interest from 11101101 at the rate of$16.12 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. J-~}~ /~/ Fr:mk- Fp.nprrl1::Jll FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -,%,~~]ll@l_ r. ~," - .""k O~ .<~ I, " -1 "~~ ,~~ _~.1 ~.,' _...."..,.~ >~~"'1W~ ,~ --<-', ALL THAT CERTAIN ~mct or plll'cel of :and siru:w:: in the Township of SOUlh ~tlddJc:ton, Coumv of Cumberl.~nd and Commonw~:1lth of Pennsylvania, being mare pd11icularly bounded <lnd desc.:-ibed in accord;mce with :J. survey by V./ilbur V Redding, Registered Surveyor. dated October 2, 1958, as follows. co wit: BEGINNING Zit J. point marked by a soike in the ccmerJine of {he 5(:lte Highway. :If the corner of l<:lnds now or formerly of John Coulson; :hencc: along ilnd through :he cemerline of Si..llCl Statt: HIghway Nonll eigh{y-fol1f (84) degrees thircy (30) minutes West, n dis_~a:lce of ont: hLlr:dred fony-Lve and fif[ccn one-hundredths (145.15) feet [0 a spike :It the corner ot ;:mother traCt or land c:on~;l.ining ninety-nine (99) rerches. which trj;ct of l..nd \Vas fOrTIlerly a part or :he !;lnds 11ere:n conveyed; thence along the line or' s~i~1 tracr of land North (wo (02) degrees [orty~on~ (41) minUl~S \-Vest, a dist;:!,nce of two hundred sixty n.nd 2ero one-;1\.mdndths (~60.00) feet to an iron pin', tl1enc~ conrinuing along [he S<:lme NOrth eighty-four (84) degrees thir1Y (30) minutes West. :1 dj~[:.lnc:: of one hundred five and zero one-hundredths (105.00) teet [0 ~n iron pin. on tilt:: line of :ancJs now. Of formerly of C_ C. Richwine; !Jlc:nce along rhe line of SOld lands now or formerly of C. C, Ricl1wln~ Norell two (02) d~grces forty-one (41) minutes West. a distance of eight hundred ninety-rive ;,mu ninet'l~five one-hundredths (895.95) feet to an iron pin :H the corner of 3.no(her (rne: of Jund concwning one hundred nine (109) perches, whic!: !ract of land was fanner!y ::l. pan of th~ kmds herein cQnveyed~ thence ~liong the Hne of said tr<lct of land North sevt':nty-five (75) degrc-=s. Ea~t. \i. distunce of lWO hundred fifty-four and ninety one-hundredths (254.90) feet to an iron [1in on the Jine of lands now 01" formerly of John Coulson; thence along rhe line of siJ.id lands now or formerly uC John Coulson SOLHh two (02) degrees twc:ncy-nine (29) minutes thirty (30) seconds East a disto::loce of one thousand cwo hUndred forty~four and fifty-three one-hundredths (1,244.53) feec to n spike :0 the centerline of the Stilre High~ay aforesilid, the pomt and Place ofnEGINNI~G. CONTAINING OJ. {ot::J.l of six (06) iJ.cres. thirty-one (31) perches, RAVING ~hereon erected a frame dwelling house with m:liling ;lddress of 55 vk:ory Church Road, Gardnc:rs. Pennsylvo::lnia. BEING th.; same premises which Emerson Hoovel" nnd Leroy Heller. Executors of th~ LiJ.s~ Will and Testament or Anna G, l0..iller. by Deed dated December :0, 1976 ;;J.nd Recorded December 20, 1976 ~:1 the Office ot" the Recorder of 'Deeds \:-: r:lnc for Cumbet'land Countv. at Carlisle, Pennsylv.mia. in Deed Book "y" Volume:26 Potge :8:. grail led .:lnd conveyee 10 Ar.gcl M. Dejesus ,:md Dixi~ L DeJesus. his wife, :he Gr<lotors herei... UNDER AND SUBJECT to t'::'l.sements and rest,ictioo!.:i of record. PREMISES ON 55 VICTORY CHURCH ROAD I"'.c 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 tnie and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: 1/ /2;>/01 :i'~~!&t_, c., _ :"~_O~,"'^"_''':',"". "0'_ '~-I " ...~ i~ ~ ~ ~ -.-, ~ ~ ~ -- dt ~ '" ~ c.>- oQ ~ \J' '-.N ~ r ~ i='. o~ :J~ ~ o c:: 2" ...,..,.~ nl?--~ ~::fJ C'jr:;:: ~~; dZ.." ~" >C) C Z --I -< \~ "(1) :[::..~ :;-.:J "v'j :-') L,~' ('0 \~) ~~~ ~~ -( (..) ,.,'- I[~ ",~'~J1.""""",,,,=,Ji""p'I~;~'!'\_,,,..,.,_i,,,:~.'w.Q:'ii~i~~'N~&<i'h;"l<1ii""'~~0''''\'~ ";":",,,;-, --W-4i"~'_ )~"";-V''''It''i~'i!O'IC;:;P'-'''''''0'-';+'''~r'~,';''"' ',"V"',"'i"#~mvm''l''''\~~ilNOi SHERIFF'S RETURN - REGULAR CASE NO: 2001-06842 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND - COUNTRYWIDE HOME LOANS INC VS ALLEN DANIEL R JR SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ALLEN DANIEL R JR the DEFENDANT , at 1227:00 HOURS, on the 20th day of December, 2001 -- at 55 VICTORY CHURCH ROAD GARDNERS, PA 17324 by handing to ALICIA BRICKEY, ADULT GIRL- FRIEND OF DEFENDANT _. ...'-, a true and attested copy of COMPLAINT - MORT FORE together with NOTI CE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .- 18.00 6.50 .00 10.00 .00 34.50 r~~ R. Thomas Kline .- ......... -... 12/26/2001 FEDERMAN AND PHELAN _. _. Sworn and Subscribed to before By: me this 7~ day of qAn~.") d-tJ6.:L- A.D. ~ {2 IYulld.., ~ Prothonotary' '-';,,-,,;I'''ff;\''''~"''' _.. . ",. '.""-- ~~, - "'""""I , '~I)ltl ,. ~ _ ,..,.,,..,m'~'I'I'~""P " - AFFIDAVIT OF SERVICE oPCr- CUMBERLAND COUNTY PLAINTIFF COUNTRYWIDE HOME LOANS, INC. No. 01-6842 DEFENDANT(S) SERVE DANIEL R ALLEN, JR. AT 55 VICTORY CHURCH ROAD GARDENERS, PA 17324 DANIEL R ALLEN, JR. ACCT. #4933165 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 5, 2002 Served and made known to atjO:~o'clock.p.m.,at 05 SERVED , Defendant, on the ;;x..o +h day of Jeh{l.JClli200~ \1, c.. -\,")( jG1l Jr.h ~C~ 1 G::ard~mmonwea1th of Pennsylvania, in the manner described below: XDefendant personally served. . Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age&.s Height 1siD 11 Weight.J$ Race W Sex mOther I, (1x... ,WOetent adult, being duly swom according to law, depose and state that I personally handed a tnie and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this ~l11 day of 200,a. No By: MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. Nota' Seal Usa M. GI8lI$IlIl, Notary PubIlc Carlisle BolO, CUmb$~ar1d County .M1!.,9ommlsSion.' pI. 9. 2002 NOT SERVED ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: 2nd Attempt: / / Time: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 Oue Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ~"'.J;m;J, "..", ,,-. "'!~~_~" ""' ~.' ""'l!'R1, '-' .~~, ~. ~,~ ~=~'''~ ~. _!TI~1 "''j,'''' 0 (::l (:") c:: f'0 n ~.... -.'j." u";'" cUrf'; .,:,." ~~::,~:I CCJ L C (f) (~, -< ~':c,~" ,~ ~,--", ,--" :z~.., 0:::-- ~"j C~) .J"->c.: ::::] :...) -~ C) ::;'-:; -< .'-" '"~" ',""~ -'yo' E5 f37I ,~~". ._~$!i!!!'~~~ ,,~~~_~"%!~#'l~m~;,<y~~}~~><;,~'\'3!i>:""":FI~%~~!f'Af,~~~i~Wil*J~!);;f~2f~~~~';;~ .. FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE CENTER DRIVE PLANO, TX 75024-3632 CUMBERLAND COlUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6842 DANIEL R ALLEN, JR. Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DANIEL R ALLEN. JR. and, 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 Plaintiff's damages as follows: As set forth in Complaint Interest from 11/1/01 to 2/12/02 TOTAL $77,734.37 $1,676.48 $79,410.85 v' I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ ArqJ I FRANK FEDERMAN, ES'(\UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT DATE:~! ::J. D d..{)O ~ , PRO PROTHY ,,'e:!Wf,~.ln",~r___'T . <t'" " - - ~ ""I .~ ~~... " -~ ~~""'~""'l!'''1'''''''''''''''''''"'''4l'"' k" '0". ~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE CENTER DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6842 DANIEL R ALLEN, JR. Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ftJ, ;t (} 2002. "Ry: A~p~P.~ DEPUTY Lrc:: If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** ~"'~,~_lIfl, ~. ~ ...._ ~ . 0' r , ~o, , .....' ",0 ~~ ,~ ~~ /!tv ""-'0'1' _= "o~_~J , "",~<' ~ ,- .. -. . .. FEDERMAN 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS, INC. CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO. 01-6842 DANIEL R. ALLEN, JR. Defendant(s) TO: DANIEL R. ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS,PA 17324 filE COpy DATE OF NOTICE: JANUARY 28.2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter 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, P A 17013 (717) 249-3166 2 A'~ ::::L.//-4 Frank Federman, Esquire Attorney for Plaintiff .>'~~~!!t~i ',~ -'1' r;-'T,,':,,_~, _ .e<_", ,- ~',- , ""~I~ : -~'," y , ~- ,-- , ~~1-~'~~ "~'"""--'r'~-' >~ -"""0','" ,~---~ ,-- . FEDERMAN and PHELAN By: FRANKFEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SIDTE 1400 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE CENTER DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DMSION v. NO. 01-6842 DANIEL R ALLEN, JR. Defendant( s). VERIFICATION OF NON"MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DANIEL R ALLEN, JR. is overl8 years of age and resides at , 55 VICTORY CHURCH ROAD, GARDENERS, P A 17324 . This statement is made subject to the penalties of 18 Pac e.s. Section 4904 relating to unsworn falsification to authorities. FRANKidJ~ Attorney for Plaintiff '~il)\~, -, -' '~-, .~~, , . . I ".' r ~~",~""i i >,~,""',uq,~"" u~' "'" '~r~" II lilll ill'llil1ll'ilft'IY'TT . t 70 ~ ..cq C) ...c C-:-J i!=- II , C r'-.] 0 5~ "",., "T..](;:. -'.p, C) [i)L '_'::_J ~ ........ ~ a ~~~- r"-.) ~ ~ C) -'".- - ........ ~c-_ j -() ~ - ; ~ ,2: ~-" ~ j..:':: <,"'-'. Q.f ~ w ., ~ t :-J..) , - C,;) _i) ~ -<. ,........ -.c.. _ ~_ _~. _.,_ ~_. .<, =""'. .._,_."~o,~L-. .,,,< _"",_.; ,J!l!!WUJ t,J. " ,,~ 1!!'~r~ _,~,~~-LI,\[l\~~~~"'7'~'f'.'!"I'~'i\~'\'-ti.n'!~mi!'>m~~~~f!:~~~ro:lf-"'i\Bi~~~~~~(!f,i'.': 1f"''''~1''-1''5T ,.-,.",- ,-- .-;',,," ~ ~.- >.."~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. No. 01-6842 DANIEL R ALLEN, JR. Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $79,410.85 v Interest from 2/12/02 to 6/5/02 (per diem -13.05) $1,474.65 and Costs TOTAL $80,885.50 ~ ~Mat FRANK EDERm , SQUIRE 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. --I~~Wf ~" . '. " , ~ 0/'1 " , ,~ - t .,...~, ~ t UJ2--' (-) 1.2. ,~, '--' :...1.1 F~:J . Cf; ;,:--i~. IL C) ...::1 oz rI)~ r:1~ ~rI) Z~ o [;oil ~ll. ~>< 0... UZ ...>;J 00 E-<U ~~ 8; ~[;oil ...~ z~ ....>;J U C1;"_) v .- CQ -""i". .0;;:;': - "c '.~ -- c) ('J _=s@ rf--",. ~J]& ::; C) c.:; !,1 L: C'" i::5 . .... c._. .)!Il!II. c" :, ~--,.", ,,,," = , "C .'.'<".---;"'-,..j, """..f'''~-'',,''T.i> -,;,,, ,,,-,,,~';;:0,,"'. ''';''''~~:''''''-'ll'li~tr''~<'_l;jffrJT - >~"O--m ~"'"-<Tt~P'Ii'~"~';'(- :"':')'1" ..". N ~ .... ~ rJ5' ~ ~ [;oil ~ z ~ U 0 z .... ~ ... .... >;J rJ5' U == 13 ~ ~ ~~ ~ ~ ~ 0 z [;oil = .~ ..l '" i:i == OJ [;oil ... 0 " [;oil o<l 'OJ U .n ~ ..l .. - 1;' :;] ... ... Po; ~ 0 ~ ;~ .... s == ~ ..s 0 ~~ >, ... ~ [;oil ..l " " ~~ a U ~ ~ [;oil > ~ .... 0.... ~ p.. ~ ... 8 II'l ~ [;oils II'l ~ ll. ~ ... .... 00 z U OJ ~ " >;J -i::i :8 0 " - U ,~ --< ll. "" ~. '- ... ... .... ~r.lQ " . . (Ej . . ~ . '" '" " ~~ ~ ) , ..... 88e~e ~ - () 8 e rg - L, 0i &- ~ . . . ~& ~ "?~~ ...J ~'ti <) -... .".,. .Q -'_I~"~\~~"I\lo~~~~~i_;RT1;;J'ic"'.-1'"""'!' ;_\~'''''7--~''''i'''!)-''~:'''''''':'4-1i.,#:;r,"~~~~l<f;WWV;lr'''^'';,mr{l\~1,;'>'~Ai';;:F~~ffl~~l~~~~!-i ~'fr- -'~ ~.., " COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. DANIEL R ALLEN, JR. CIVll.. DIVISION Defendant(s). NO. 01-6842 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the follOwing information concerning the real property located at .55 VICTORY CHURCH ROAD. GARDENERS. P A 17324 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL R ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS, P A 17324 . 2. Name and address of Defendant(s) in the judgment: DANIEL R ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS, PA 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None, ;,,:~;rrl ---. ,.,.-!-,-<,.;,>"~,, - .~- ." - ~~ -"". - ',", ,r ~ . -~- - ':="']"1" '---'-,,~- -"-~ .'"-~'-~ .. t 4. Name and address oflast 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 may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 55 VICTORY CHURCH ROAD GARDENERS, P A 17324 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 12. 2002 DATE l~/ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,ti~~,,:?_ _ _, ,_, . ."-' ,,- ~ ',"-? -- _,," nl'l-' .~ .' - .- .~ "" ",0 COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND co1!JNTY v. No. 01-6842 DANIEL R ALLEN, JR. Defendant(s). February 12, 2002 TO: DANIEL R ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS, PA 17324 "THIS FIRMIS A DEBT COLLECTOR A TTEMPTING TO COLL.ECT A DEBT AND ANY INFORM A TION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREviOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 55 VICTORY CHURCH ROAD. GARDENERS. PA 17324. is scheduled to be sold at the Sheriff's Sale on JUNE 5. 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 79.410.85 obtained by COUNTRYWIDE HOME LOANS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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.) ':~,f~:t:_~t~__ . "',"-" . ~,-. -", rr ' "I, ~-" - ."'- ~c ~-~~"- . c ~ . YOU MAY STILL cBE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only 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 c a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share.ofthe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 '~;"1i~'1!:jjl'ji_, _,~'._;H',_7_"",_~_= n'_, ',._ ,.", "'1-" . . , ALL THAT CERTAI:"i TR\CT OR PARCEL OF LA..'iD SiT!.: ATE L'i THE TO\V:,rSHIP OF SOl: l:1 ::VUDDLETON. COUNTY OF CtJ7tlBERLA.:'D A..'iD COMiHOI'(\Y"E...U.TH OF PE:>iNSYL v.\..'iL\.. BEL"''; ::V1CRE P.-\RTICt:LARL Y SOL'NDED .-\.;'iD DESCRIBED IN ACCORDA..'iCE WITH A SL"RVEY BY WILBL"R V. REDDl'iG. REGISTERED SL"RVEYOR DATED OCTOBER 2,1958. AS FOLLOWS, TO WIT: BEGINNli.....GAT A POL....T :\<lARKED BY A SPIKE L'i THECE:-'-TERLJ;IIE OF THE STATE HIGHWAY, AT THE CORN1!:it OF LA..'1DS NOW OR FORMERLY OF JOHN COeLSON; THENCE ALONG .-\.;'iD THROl"GH THE ,'CENTERLINE OF SAID STATE HIGHWAY ","ORTH EIGHTY-FOl"R (84) DEGREES THIRTY (30) :vnNtiTE:S WEST. A D1ST.-\.;'iCE OF ONE HF'IDRED FORTY-FIYE A.'ffi FIFTEE:" ONE-RL?iDREDTHS 11.15.15) FEET TO A SPIIa: AT THE COR..'iER OF .-\.'iOTHER TR-\CT OF L.-\.;.'iD COlYT.-\lNL'iG .....DiETY.:'iDiZ (99) PERCHES, WHICH TRACT OF LAc'l1) WAS FOR:'flERL Y A P.-\RT OF THE LA..'l/DS HltRJ!:1N CONVEYED: THE:'iCE .\LONG THE LINE OF SAID TRACT OF LA.'1D NORTH TWO (02) DEGREES FORTY-ONE (41) :VIL'il."TES """EST, A :;...) ;.~;,;.;;: Oi' nvo HUNDRED SL"(TY .-\,.'ffi ZERO O/llE-HtJ:"IDREDTHS (2"60.00) FEET TO .-\,.'\f IRON PIN; THE:'<CE CONTINeING ALONG THE SAl"'-E NORTH EIGHTY-FOUR (84) DEGREES THIRTY (30) ::VU1'..1.;"TES WEST, A DIST.-\,.'1CE OF ONE HUNDRED FIVE A.'ffi ZEitO ONE-HL";'IDREDTHS (105.00) FEET TO A..'i IRON PJiIi ON THE LJiliE OF LAc"IDS NOW OR FORMERLY OF C. C. RICHWINE: THE."ICE ALONG THE LINE OF SAID LA.'\fDS :-lOW OR FOR.'vI!:1U. Y OF C. C. RlCIDVL.'1E :-IORTH TWO (02) DEGREES FORTY-ONE (41) MINI;"TES WEST, A DISTA.'fCE OF EIGHT HeNDRED ~INETY-FIVE .-\,.'ffi :'fINETY- FIVE ONE-HU'NDREDTHS (895.95) FEET TO .-\,.'\( IRON P1N AT THE COR.'fER OF .-\,.'\fOTHER TRACT OF LA.'I1) CONi.AlNING ONE HU"NDRED NINE (109) PERCHES, WmCH TRACT OF L-\'; 'iD WAS FOR'vIERL Y A PART OF THE LAi."'\fDS HEREIN CONVEYED; THENCE ALONG THE LINE OF SAID TRACT OF 1..-\"'1]) ~ORTH SEVENTY-FIVE (75) DEGREES EAST, A DISTANCE OF TWO HUNDRED FlFTY-FOL"R .-\"'11) :-IINETY ONE.HU';'<"DREDTHS (254.90) FEET TO M' IRON PIN ON THE LINE OF LA..'\fDS :'lOW OR FOR"iERL Y OF JOHN COCLSON; THL....CE ALqNG THE LINE OF SAID LAJ.'ffiS NOW OR FOR'\1ERL Y OF JOHN COUl.SON sonH TWO (02) DEGREES TWENTY-NINE (Z9) i\oIINliTES THIRTY (30) SECOl'o"DS EAST. A DIST.-\,.'fCE OF ONE THOCSA..'\fD TWO HL~DRED FORTY-FOUR AND FIFTY-THREE ONE-HUNDREDTHS (1,244.53) FEET TO A SPIKE IN THE CE:'iTERLINE OF THE STATE mGHWAY AFORESAID, THE POINT A.'1D PLACE OF BEGlNNNG. ~li,,,, ,< '.-,' "-'-"i,''-'- "'., - 1 -', ~ .. .~ ".' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: COUNTRYWIDE HOME LOANS, INC. ) ) CIVIL ACTION vs. DANIEL R. ALLEN, JR. ) ) CIVIL DIVISION NO. 01-6842 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) 55: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME LOANS, INC. hereby verify that on 2/15/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 2/15/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: Mav 14, 2002 ~AAAA!_~/1 F NK FEDE MAN, ESQUIRE Attorney for Plaintiff ''''!_'''~!,l~ ',~' _ "';, "_,' ,. ~, .," ""I- O_"~ ,,"~~ --ol~ .~ , t 'i' 1,8 oS ~~ :~ :; ::l .. "''''''- .S = E-ci'-= "'< ~,!; ~ g ,,'<t ..-l~g~ gj",,"''''' ~ ~ .68 r~ ~~ ~ ~c.~~. u.....:1! ~ .E ..& o " ,,' ....."Cl _P-lr--C':l '"8"-'-;:: ~ ",-", ><.. ->>. . . .. II . 1i .. '" - o t- - '!:> -. o - t- - t-~1i.~;S!f;~F-=u ~ pot'nc< .'~ ,:;!f , ~\..:~ .;/ii .~. ,"" l ;: :r: fEBI5 02~~-i' ~~: 0... :.', :::0.75:::: " I"\fI.. PBMEHP. .: ',,....1"" 6068360 ."'" - ., I H ~ 41'- '" :P ~.~~ ~ P.O';;; ag l'l~ uh i~:B.Q /'f~~ 1~1!~~ : ~~ifli I~ ~ "~,, 1,,'" -;; 0 11 ~ !:loa,.....:' .g~H I~.g] .$ ~.- B H.~a <) ~._ e ti.p J!~i.~ -; = 8 ~ ~ II h'; 8 'd [5 !3.~.... '8 ~ 8 ~ ~ [.;: t p.,.fl ".Qp.,.>-.f! .. 0 ",.~"s 1! i;;.iL" ~o8.g.s 'O..::~.-.... . l=l 0..... aN,' .g 6 ~ s~ e".o'~ 'R "0 ."" 8 '" . . [G b <If e.... ::~~~~ :E 8 g '0 '~~~~~ ' !? 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',~ -~ , Ie' "-'.' 7160 3901 9844 7041 5506 , TO: DANIEL R ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS, PA 17324 ) SENDER, TEAM 5 REFERE~CE:ALLEN,D PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Retum Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail l' No Insurance Coverage ~rovided 00 Not Use for International Mail , . "< I . ................~_.~~..._n~~nn_.n..........n.. --,--- ,,-----,-,- ~~ I~ ~" ,.,,, - - .~~-""~"'" '"' .~ .cW ",. -"'''.~"-'-'-"- o C ~T) eh n:p~ 2:'i'; ~K ~>::; ~(d Z ::< 0'" GS) 'er. III "mill'll'" 4Ii c::> h...;; o --q ~ --< .::,,, ....., f'-'~ .-~~fD ; (-) c, ~~ Co --< :';? w ,_ ,;pm~_~\l,~~!1tI'1,I!ifS.J;;J1!i~ ,_",,,,..,~~!HWi!4!T,~If"!'\,!'" ",c;I'P',,['" ';C!''';-.'4~-'-,,_:, '''"I'''~''-.f11;:~:~~~ii;'f!E1f';;'::''~~_'1)(;;;'~~f0Fljjf~fiwto.;Wn!i~~j;-: '''1'''''':"'''':~ ,,~ - ". "0' < ' - " ,i' Countrywide Home Loans, Inc. VS Daniel R. Allen, Jr. In The Court of Common Pleas of Cumberland County, Peunsylvania Writ No. 2001 -6842 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. Sheriffs Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Law Journal Patriot News 30.00 20.00 15.00 .50 1.00 25.20 15.18 15.00 15.00 1.72 16.12 358.40 308.95 $822.07 paid by attorney 6/04/02 Sworn and subscribed to before me ~~)l3l~ Q r~-"~ ~ This~dayof .,., , 1'-"~" -.e n. 1. A R. Thomas Kline, Sh~riff c 2002, A.D. '-I'~' Q ~~ BY JOch{~ Prothonotary Real Estate Deputy t ,crt) Ck. 31.flI / ~ 12 (,:tcf l">iI!1!PI;L"""", ,,~, r~-- , r'o ,,'IIINlM . " .~, ~ , -~"".. ----',", .- ,~,. ,_. d_ h,","""W~ "'iil.Tli(!r1J1{'f!lrill~rrTj' 'i1j~'jtii'r' , ". ~J r- ~.,A_ , ~" ,_ ,_,~" ~"' .~.~ n .,' _;' .~, ilH 'ilif;i~f]:'!iWt'i~l\fllfWi'1}HtJIii:;r~~m~'>"><! _ _..."",~iW~<I-*'o""">';:':;PVjn",-'- ,-, - ",~t'" '-- -"'1:;iH.r~,,,~j~!l\-Ii,,,*'JHJ'---;7~:-,jffWj-jHe'~'~~lfi'J1!~~i~~l!.!}f-ffii';- . '"" "~ . C0l5NTRYWIDE HOME LOANS, INC. . , CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. DANIEL R ALLEN, JR. CIVIL DIVISION Defendant(s). NO. 01-6842 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) COUNTRYWIDE HOME LOANS. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .55 VICTORY CHURCH ROAD. GARDENERS. PA 17324. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL R ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS, P A 17324 2. Name and address ofDefendant(s) in the judgment: DANIEL R ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS, P A 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. :~~qs:, . ,>- 0", , ~I o~ I' ,'. ,..,,~..- ~" .~ ~ ,,~~ ""'-"'.,~r4"'1 4. Name and address of last recorded ho'lder 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 may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 55 VICTORY CHURCH ROAD GARDENERS, P A 17324 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 12. 2002 DATE ~~l\.~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '+:",,; '- ",. -~ - - =- ,_.",,-,-< ............~ '1' .."""""'" :,-\ 0''''''''0 c"COo'''' '-',."''', , """ <~ ~~'" --,. -<, "';--~~"'-', ~.~ ~,. L' fr: ,;:'::' (,,:? 1._- \~ _' af[:, ", "'---, .".( ~-in'lll 1-:::::' -"-,---r c, r,.') c-:~! ;'",~--. C) ':,;.) U::'l c., ,,~,J,~J"P'''V~~~"tW..!Il_~~~.~'''o:m -' 11~,Wi'1!>'l{il'l\!J_~\-#~"""~"'i,~.q:;;;r'\'~;'''1~~:!"''~rJ\iitWV~~~~i~~~:~~~"~?;- COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v. No. 01-6842 DANIEL R ALLEN, JR. Defendant(s). February 12, 2002 TO: DANIEL R ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THiS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 55 VICTORY CHURCH ROAD. GARDENERS. PA 17324. is scheduled to be sold at the Sheriff's Sale on JUNE 5. 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 79,410.85 obtained by COUNTRYWIDE HOME LOANS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will ?e 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 Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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\:\I:!i1, , "';;'.-1':. <C'.'~"" ,-, ,--,._" i,_''''", -'-'.''''_ _ ._ ,. f ,_ ~~, ~"[/fIlIllII'" . ~';.. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe 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 ofthe 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.ofthe 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 ALA WYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 P'~""'L"''',__,,_ , _"_01"'_" 'Y"'!7"WW'f'f'l ~ .,~ ~,,-~~ , , , ALL THAT CERTAI:-i TRACT OR PARCEL OF L-'u'iD SiTl:.-HE L'i THE TO\v-:'iSHIP OF SOe: ,;.[ ytIDDLETON. COUNTY OF ClJ"?iIBERLA...'fD A.'iD COlYLvION"\VE.-\L TH OF PE:-i:-iSYL v.\..'iL\. BEL'iG ylORE P.-\RTICl:LARL Y BOCNDED .-\..'m DESCRIBED IN ACCORDA.'iCE \VITH A SUWEY BY WILBeR V. REDDL'iG. REGISTERED SL"RVEYOR. DATED OCTOBER 2,1958. AS FOLLOWS, TO WIT: BEGINNI.i'IG AT A POl'iT :'IARKED BY A SPIKE IN THE CENTERLINE OF Tlll ST.HE l:1IGH\VA Y, AT THE COR.'iER OF LA.'IDS :"lOW OR FOR.'flERL Y OF JOHN COCLSON; THENCE .-\LONG A...'iD THROCGH THE ~CENTERLINE OF SAID STATE HIGHWAY :VORTH EIGHTY-FOCR (84) DEGREES THIRTY (30) :V1I.'rUTES WEST. A DiST-;...'iCE OF ONE In:~fDRED ?0RTY-F!VE A.'fD FIFTEE)f ONE-HL"NDREDTHS (1~5.[5) HET TO A SPIKE AT THE-CORSER OF A.I;OTHER TRA.cr OF L.-\..'iD COl'<T..uNI:'iG :'-iI:'i:i:TY.'iI:'iE ,99) PZRCiITS. \V1HCH TRACT OF L.-\..'ID WAS FOR.'tlERL Y A PART OF Tlll LA.'1DS ffERElN CONVEYED: THENCE ..\LONG THE LINE OF SAID TRACT OF LAND NORTH TWO (OZ) DEGREES FORTY-ONE HI) :V1I:'i'L"TES \VEST, A :-.~ ~.---:.C:i:: 0F IYva HUNDRED SL'<TY .-\..'ID ZERO Ot'lE.HL':'iDREDTHS (::'60.00) FEET TO .-\..'i IRON PIN: THE::..-cE CONTINliING ALONG THE SAJ.vlE NORTH EIGHTY-FOlJ"R (84) DEGREES THIRTY (30) yU::'H.:TES WEST. A DlST.-\..'lCE OF ONE HUNDRED FIVE AND ZERO ONE.ffL"DREDTHS (105.00) FEET TO A.'! IRON PIN ON THE UNE OF LA.'HlS :'lOW OR FOR.'VlERL YOI' C. C. RICHWINE: THE:'iCE ALONG THE LINE OF SAID LA.,<--nS NOW OR FOR.,lERl. YOI' C. C. RICH>VT.'iE .'10RTH TWO (1I2) DEGREES FORTY-ONE (41) yffi'ilJ"TES "'"EST. A DISTA.'iCE OF EIGHT RT:NDRED :'ffi'iETY-FP"-E .-\..'ID XINETY- FrVE ONE.HL"NDREDTHS (895.95) HET TO .-\..'1 IRON PIN AT THE COR.'1ER OF .-\..'10THER TRACT OF LA.'ID CONTAINING ONE HlJ"NDRED C'lINE (109) PERCHES, WHICH TRACT OF LA. 'm WAS FOR.,lERL Y A PART OF THE LAJ.'lDS HEREIN CONVEYED; THENCE ALONG THE LINE OF SAID TRACT OF L.",,-'iD ~ORTR SEVE::>lTY.F!VE (75) DEGREES EAST, A DISTANCE OF TWO HUNDRED FIFTY-FOt"R .-'u'lD :'lINETY ONE-Ht?iDREDTHS (254.90) FEET TO AN IRON PIN ON THE LINE OF LA.'fDS ~OW OR FOR.vIERL Y OF JOHN COC1..S0N; THE~CE .-\LONG THE LINE OF SAID LA.'IDS ;O;"OW OR FOR."IERL YOI' JOH..'l COULSON SOCTH nvo (02) DEGREES TWE::>lTY-NlNE (29) MINuTES THIRTY (30) SEC01'l--nS EAST, A DlST.-\..'lCE OF ONE THOCS.-\.'lD TWO Ht"DRED FORTY.FOIJR.-\i'll> FIFTY-THREE ONE-HUNDREDTHS (1,244,53) FEET TO A SPIKE IN THE CE:-iTERL1J'liE OF THE STATE HIGHWAY AFORESAID, THE POINT AND PLACE OF BEGINNNG. WRIT OF EXECUTIO~ and/or ATTACHMENT , ' COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6842 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From DANIEL R. ALLEN, JR., 55 VICTORY CHURCH ROAD, GARDNERS, P A 17324 (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (5) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $79,410.85 L.L. $.50 Interest FROM 2/12/02 TO 6/5/02 (PER DIEM - 13.05) $1,474.65 AND COSTS Arty's Conun % Due Prothy $1.00 Arty Paid $106.50 Other Costs Plaintiff Paid Date: FEBRUARY 20, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: ~ 4(1~, 2 771~A~.r;?J~ Name FRANK FEDERMAN, ESQmRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 12248 ,-~-;'$~~,,", "," ','"~ - .~.~ ""~,~~~-,-~ ,,_."~~ .- ~, "=" ~ .~~": "-,-.~- , '-.-~~"-- ,- -r .".. <- " REAL ESTATE SALE No" 3Y . On March 11, 2002 the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, P A, known and numbered as 55 Victory Church Road, Gardners and more fully described on Exhibit "A" filed Date: March 11,2002 By: ,J 0 cLct S~-bl Real Estate Deputy c-} cu;J cu;J c;::::J Gi) ITiill with this writ and by this reference incorporated herein. ':,_I---il,-l 77 931 ^..d: :Uil<:: .' ,'i,) JI:d':) .~ ._.~"""',.,." Dlml !~~Jjl~~~,~,~f"~'!"~'1'i~,;'ff1'J;f~~'1$WIW~~r~,!i(fH";'~-;'''_':---i:...',,"-""--' ",,"~- JJ " ". THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sundayl Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #34 / / ..................~.............................................. S rn to and su rillllil.before m reny L. RU"~II, Notary Public Hamsburg, Dauphin C My Commission Expires Juna S, 2002 NARY PUBLIC Member, Pennaylvanla Assoeiatlon of NOI'llje"ommission expites June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND OOUNTY OOURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 307.20 1.75 308.95 Publisher's Receipt for Advertising Cost . . The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general clrculallOn, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... "'-"")-1'~9".i";<<;% . , ., - - _....' ., 'N."'I"-~' ~~",,;,,,,' REAL ESTA1#'ALE'No,34 . Wril No. ~Olc-6s42 CIvil term C~unbyn!de H.ome . . Loans,lnc. vs' DlinIOlil. AllenJr. . . Atty,: Frank F~erman DESCRjPTJON C C C C C C . . ,ill UrAT CERTAiN' traci or Parcel of jimd situate in the. Township of S1.Juth ;\1iddleloll, Courity of CUlnbcrlat)d 4Uld CcmirrKInwC!lUf1 of P.~mi~ylvaoiil;':1;e!ilg: 'ipre 'partIcularly 'bounded and d~cribed 'jt} ~ .tijan~e \~'ith a ,suriey .by Wilbur V. Re9~ing; R,egiit~~~ Sur.iy{)r~ 'dated Oct<JbCr2, (<f5S",~ (f)Uf;\V~, t9 ?,1~:, ,.' BEGINNING 'lit a pomt martedby ~ splk~ in the .~nter\ine 01 the st1~. hig1iwa~" at the comer of lands now or fonnerly of John Coulson; thence along-ami tht6ugl1 the, cciiterline. of said state .ltighw,y notthelgbty,to," l84i.egrees ,"irtJ' (30) mfnufes w~t. a' JiJ;!aI1cf:-.bf'one hundred fortv.fjve and fifteen' ofle~hund1td1h::r '.(145.1.5) . feel' to a spike at ~ carner of another trnc! or lo'llld CO'!ItalniClg ~ety.n1ne (99) perches, which tract of lanli wa(.,funn~y a part oft1le lands herein <:onveyed; thence w.ong theUne_af~'aid tr.act of ,",lari~ nortl1- two':(02J Qegree~ _ (orty-<me _,(41l minut~ west, a.distance of tWo hundrid sixty and zerQ one-hundredths (2.60.00)'feet to in iro~ pin; thence coutinuiJlg along the same north eighty~ t~ur (~4) degrees thirty (30) minutes west, a distance of ,Me 'hundred live and 'zero one- hundredths (I05~OO) feetto an iron piIion thdine , pi" lands now or formerly oj C. C. Richwine; - Thence ~ong the line- pi said l<;nrls nqw Dr fonnef1y,'o( C._ c.. Rkhwlne, l1Orth, l;wq (02) digi-t;.C.slbrty:at!t: (41) minutes west, a dlstan-.-e or eight h\ln9red n,/nety:five, imd l!i[lelY,nve one- hundredths (89S:95'p'ecfto an -iron p,inat the corner 'of"l{l/other'tfac('of land containing one hundre.d Jj.me (109) 'per<;hes, which ,tract of land wa~ fonnerly a pm of)he: laI1ds, h,erein l::onv~yed; thenc'e :uong the lil1,e',' of ~aid tract ,of .land north seventy.five (75) d~grees L:";lst~ !\ distance of 1:\'.'0 bundred iifty.four aJ1d ninety one-humiredths {254,9Q) feet to an iroil pi:r!,.on lhe' Dne of JJlnd~ now 01' fonnerly of JobnCeulsoll; thence akmg !be line of .o;aJd lan,cis, ,now 9t funnerlv of John Coulson sOllJb two {02) '-degcee.~' twentY-nine (29). ^ , inillu!es thirty (30)'Seoonds ,east; a distance of one , tho((~4 two hundred rortji-fo:or and fifty.three , oae;.iiuiid,redtfu. (1',244.53J (certo a spike in the , c.:otedine, ~f the Mail; highway afOIell<lld, the ,'Point a:n:d prace of B"EUlNNING. ' " PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regnlarly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regnlar editions and issues ofthe said Cumberland Law Journal on the following dates, viz: APRIL 26, MAY 3, 10,2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~"Edi~ SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 NO LOIS E. SNYDER, NoIaIy PublIc Carlisle Bool, CUmbiIl1and County My Corr.llli8slon ExpiI8ll March 5, 2005 !;~~,'" <~.,-~-< ,-<-., ',,' 'p ~,-- , c . I ,;. t~)<, ,. '~, ~i'~ i1,Tf~. ',: 'n',~,_,:: ,-, ~ -"<>'r" ~- . REAL ESTATE SALE NO. 34 Writ No. 2001-6842 Civil Countrywide Home Loans, Inc. vs. Daniel R Allen. Jr. Atty.: Frank Federman ALL TIiAT CERTAIN tract or par- cel of land situate in the Township of South Middleton. County of Cum- berland and Commonwealth of Pennsylvania, being more particu- larly bounded and described in ac- cordance with a survey by Wilbur V. Redding, Registered Surveyor. dated October 2. 1958, as follows. to wit: BEGINNING at a point marked by a spike in the centerline of the state Wghway, at the comer of lands now or formerly of John Coulson; thence along and through the centerline of said state highway North eighty-four (84) degrees thirty (30) minutes West, a distance of one hundred forty-five and fifteen one- hundredths (145.15) feet to a spike at the comer of another tract of land contalnlng ninety-nine (99) perches, wWch tract of land was formerly a part of the lands herein conveyed; thence along the line of said tract of land North two (02) degrees forty- one (41) minutes West, a distance of two hundred sixty and zero one- hundredths (260.00) feet to an iron pin; thence continuing along the same North eighty-four (84) degrees thirty (30) minutes West, a distance of one hundred five and zero one- hundredths (105.00) feet to an iron pin on the line of lands now or for- merly of C. C. Richwine; THENCE along the line of said lands now or formerly of C. C. Rich- wine North two (02) degrees forty- one (41) minutes West, a distance of eight hundred ninety-five and ninety-five one-hundredths (895.95) feet to an iron pin at the comer of another tract of land containing one hundred nine (109) perches. which tract of land was formerly a part of the lands herein conveyed; thence along the line of said tract of land North seventy-five (75) degrees East. a distance of two hundred fifty-four and ninety one-hundredths (254.90) feet to an iron pin on the line of lands now or formerly of John Coul~ son; thence along the line of said lands now or formerly of John Coul- son South two {02} degrees twenty- nine (29) minutes thirty (30) seconds East. a distance of one thousand two hundred forty-four and fifty- three one-hundredths (1,244.53) feet to a spike in the centerline of the state highway aforesaid. the point and place of Beginning. " - ~I~~,,~ He ,cc . I I ,- ~ "-, r'~ _ "_7