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HomeMy WebLinkAbout99-03837a f ti v ,a CJ ti a t 1 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 BANK OF AMERICA, FSB P.O. BOX 26388 RICHMOND, VA 23260 V. Plaintiff CHARLES J. ALLEN, 1R., A/K/A CHARLES J. ALLEN ALICE F. ALLEN 24 HELLAM DRIVE MECHANICSBURG, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. q y - 3d J7 CUMBERLAND COUNTY CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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, PA 17013 (717) 249-3166 1. Plaintiff is BANK OF AMERICA, FSB P.O. BOX 26388 RICHMOND, VA 23260 2. The name(s) and last known address(es) of the Defendant(s) are: CHARLES J. ALLEN, JR., A/K/A CHARLES J. ALLEN ALICE F. ALLEN 24 HELLAM DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 7/26/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1275, Page 163. By Assignment of Mortgage dated 7/26/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 500, Page 1183. 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 12/1/98 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 $102,229.03 Interest 4,633.10 11/1/98 through 6/t/99 (Per Dicm $21.65) Attorney's Fees 5,1 11.00 Cumulative Late Chnrges 224.22 7/26/95 to 6/1/99 Cost of Suit and Title Search 550.00 Subtotal 112,747.35 Escrow Credit 349.85 Deficit 0.00 Subtotal 349.85 TOTAL $112,397.50 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 Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: 0.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit °Bor (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. 10. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 ct seq. (1977), Defendmnt(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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $112,397.50, together Nvith interest from G/I%99 at the rate of $21.65 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 BankAmerica: February 05, 1999 Charles J Allen Alice F Allen 24 Hellam Drive Mechanicsburg PA 17055 RE: Loan No. 0021120779 Dear Mortgagor(s): BANKAMERICA MORTGAGE, A DIVISION OF BANK OF AMERICA, FSB, IS ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF INTENTION TO FORECLOSE We represent the holder of the mortgage on this property and hereby advise that we will accelerate your mortgage (demand payment in full) and pursue the foreclosure remedies permitted by the mortgage unless your loan delinquencies are cured as provided below. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of the receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, you may request the name and address of the original creditor if different from above. The total delinquency, including late charges and other fees, is $ 2,820.13 for 12-01-98 through 02-01-99. Your failure to pay the delinquent amount, plus any additional monthly payment and late charge and other fees (including any accrued interest) that may come due within the next thirty (30) days, will result in the acceleration of all sums due under your mortgage. After acceleration occurs, a foreclosure action or any other remedy permitted by your mortgage may be instituted. To avoid the acceleration of your mortgage and subsequent foreclosure action, the delinquency mentioned above and any accrual thereto must be paid by CERTIFIED CHECK OR MONEY ORDER and received in our office America, FSB P.O. CxH? (? 1T A Box e26388ortR Richmond. VA 232606386 BankAmerica 02-05-99 Page 2 Loan No. 0021120779 at 2810 N. Parham Road, Richmond, Virginia 23294, within thirty (30) days from the date of this letter. Please call our Customer Service Department toll-free at 1-800-552-7992 for the exact amount required. You have the right to reinstate your mortgage after acceleration by fulfilling the conditions stated in your mortgage pertaining to such reinstatement. You may call our office to discuss these conditions. Any future negotiations attempting to reinstate your loan or acceptance of any payment less than the full amount due shall not constitute a waiver by the mortgage holder of the acceleration unless agreed to in writing by the mortgage holder. You have the right to assert in the foreclosure proceedings the non-existence of a default or any other defense to acceleration and foreclosure. Sincerely, Collection Department DR336 003 DHR-PP CXHIBrrA BankAmerica Mortgage, A Division of Bank of America, FSB P.O. Box 26388 Richmond, VA 23260.6388 PENNSYLVANIA HOUSING FINANCE AGENCY . Homeowners' urgency Mortgage Assistance" an Program 0 3940 C denre Payments General Injormatmn t/17128 - orresoon 2i01 North Front Street General Information 1-800-342-2397 2101 North Front Street ?.O: Box 15206 TDD # For Hearing Impaired (717) 780-1869 P.O. Box 15530 Harrisburg, PA 17105-5206 FAY. # (717) 780-3995 Harrisburg. PA 17105-55 5/20/1999 ooai (a_D-Y l9 SUBJECT- BANK OF AMERICA FSB-COLLECTIONS DEPARTMENT CHARLES ALLEN 2810 NORTH PARHAM ROAD 24 HELLAM DR PO BOX 26369 MECHANICSBURG, PA. 17055 RICHMOND, VA. 23294 Your application for a HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE LOAN has been DENIED pursuant to Act 91 of 1983, 35 P.S. Section 168.401-C at seq. and/or Agency Guidelines 12 PA Code Section 31.201 at seq. for the following reasons: DELETED IN LENDER'S COPY You may be entitled to an appeal hearing if you disagree with our decision. We must receive a written request for a hearing within 15 days of the postmark date of thin letter. (Appeal requests must be in writing; a verbal request is not acceptable). The hearing may be conducted by a telephone conference call; therefore, you must include your telephone number. Requests for hearings must state the reason(s) that a hearing is requested and must be sent first class, registered or certified mail to: Chief Counsel - Hearing Request, PHFA/HEMAP, 2101 North Front Street, P.O. Box 15628 Harrisburg, Pennsylvania, 17105-5628. The Agency will attempt to schedule the hearin, within thirty (30) days after the request is received. When sending your appeal, please be sure to print your name legibly and include your social security number. You have a right to be represented by an attorney in connection with your appeal. I: you cannot afford an attorney you may be eligible for Legal Services representation You can contact a Legal Services representative through the following toll free number: 1-800-732-3545. Please be aware that scheduling an appeal hearing does no: necessarily stay foreclosure proceedings. DISCLOSURE OF USE OF INFORMATION OBTAINED FROM OUTSIDE SOURCE: 1. Disclosure inapplicable. The Federal Equal Credit Opportunity Act prohibits creditors from discriminatin against credit applicants on the basis of race, color, religion, national origin, sex marital statue, age (provided that the applicant has the capacity to enter into binding contract); because all or part of the applicant's income derives from an public assistance program; or because the applicant has in good faith exercised an right under the Consumer Credit Protection Act. The Federal Agency that administer compliance with this law concerning this creditor is the Federal Trade Commission Equal Credit Opportunity, Washington, D.C. The Pennsylvania Housing Finance Agency EXHIBIT "6" POLICY NO. D136784CP EXHIBIT A ALL THAT CERTAIN tract of land situate in Upper Allen Towsnship, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Hellam Drive, 50 feet wide, which point is on the line dividing Lots Nos. 11 and 12, Section G, as shown on the hereinafter mentioned Plan of Lots; thence eastwardly along the southern line of Hellam Drive in a curve to the right having a radius of 474.01 feet, an arc distance of 110 feet to a point in the line dividing Lots Nos. 10 and 11 on said Plan; thence South 15 degrees 59 minutes West along said dividing line, 111.41 feet to a point; thence North 72 degrees 15 minutes West 8.24 feet to a point; thence South 88 degrees 15 minutes West 75.67 feet to a point in the line dividing Lots Nos. 11 and 12 on said Plan; thence North 02 degrees 41 minutes 13 seconds East alone the last said dividing line, 124.85 feet to a point in the southern line of Hellam Drive, the place of BEGINNING. BEING Lot No. 11, Section G on Final Subdivision Plan No. 4, Kimberly Meadows, which Plan is recorded in the Cumberland County Recorder s Office in Plan Book 31, Page 123. BEING the same premises which Dennis F. Ward and Cynthia L. Albright Ward, husband and wife by their Deed dated July 26, 1995 and intended to be recorded iranediately prior hereto, granted and conveyed unto Charles J. Allen and Alice F. Allen, husband and wife, 110RTGAGORS HEREIN. PREMISES: 24 HELLMAN DRIVE CLTIC State of Penrwylvania SS County of Cumberland orded in the office for the recording of Deo& Ji i and Berland Coun??Pp?. Ro?Vol - Page 41 7 nn my han Weal of c;-rlixle, PA Ind L Page BOOK 1975 PAGF 19.9 VERIFICATION YVONNE E. GEIBBBERGER hereby states that she is ASSISTANT VICE PRESIDENT of BANK OF AMERICA, FSB mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing civil Action in Mortgage Foreclosure are true and rnrrunF f.. &U_ his/her knowliedge, information and haliaf_ understands that this statement is made subject to the penalties of 18 Pa. C.S. sec. 4904 relating to unsworn falsification to authorities. UV I V /lk.L_ JyLKLAA?,LL Y7 ne E. Geissberger, As stant Vice President DATE : 1o • A - 06 y l?K ? o? u ^. N.C .zl Q cdg ° 2 OM ME a ? c _ i LL n 1. ..e,„,,.,, .u6,row=1v iGIGO 1'01131V15'11V FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215)563-7000 BANK OF AMERICA, FSB Plaintiff VS. CHARLES J. ALLEN, JR. A/K/A CHARLES J. ALLEN ALICE F. ALLEN Defendants Attorney for Plaintiff . COURT OF COMMON PLEAS CIVIL DIVISION . Cumberland County . No. 99-3837-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. ? ?? FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: July 22. 1999 ,. "; ;n C ; _ , ?:; -,? , = ' ` ,= -: :?.. _ `?J (1 c. ?-= __ . a. ? - :J :L 'ta ii• ? :J ?,? ?, U SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-03837 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA FSB VS. ALLEN CHARLES J JR ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: ALLEN ALICE F but was unable to locate Her in his bailiwick. He therefore returns the NOTICE AND COMPLAINT IN MORTGAGE FORECLOSURE NOT FOUND , as to the within named defendant ALLEN ALICE F RETURN NOT FOUND AS PER TRINITY IN ATTY FEDERMAN'S OFFICE 7/21/99. Sheriff's Costs: 18.00 So answers: J Docketing NOT FOUND 5.00 ?< ?? Affidavit 00 .?C g Surcharge 8.00 $3I. FEDERMAN & PHELAN 07/21/1999 Sworn and subscribed to before me this J 1,,-r day of 19219 A.D. r c ., ? SHERIFF'S RETURN - REGULAR CASE NO: 1999-03837 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA FSB v5. ALLEN CHARLES J JR ET AL RICHARD SMITH Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon -ALLEN CHARLES J JR A/K/A ALLEN CHARLES J the defendant, at 10:42 HOURS, on the 25th day of June 1999 at 24 HELLAM DRIVE MECHANICSBURG, PA 17055 ,CUMBERLAND County, Pennsylvania, by handing to CHARLES J. ALLEN III (SON) a true and attested copy of the NOTICE AND COMPLAINT together with IN MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 6.20 Affidavit .00 Surcharge 8.00 $ZUZD-FEDERN?A 07/21/1 b Sworn and subscribed to before me this ,2 J, #- day of <?r?k 19 Sri A.D. rotnonotary So answers: FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 BANK OF AMERICA, FSB P.O. BOX 26388 RICHMOND, VA 23260 V. Plaintiff CHARLES J. ALLEN, JR.. A/K/A CHARLES J. ALLEN ALICE F. ALLEN 24 HELLAM DRIVE MECHANICSBURG, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 2PJ CUMBERLAND COUNTY CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. You have been sued in Court. If you wish to defend against die 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 die 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 We i'if!eby Certify tht; (717) 249-3166 within to be of the and correct copy original filed of record FEDERMAN AND PHELANI TRUE GOPY FROM REOORD to sorry whereof, I here ura stet my ly arw of d ou Carflale, pa, n 0 LAI9 Plaintiff is BANK OF AMERICA, FSB P.O. BOX 26388 RICHMOND. VA 23260 2. The name(s) and last known address(es) of the Defendant(s) are: CHARLES J. ALLEN, JR., A/K/A CHARLES 1. ALLEN ALICE F. ALLEN 24 HELLAM DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 7/26/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1275, Page 163. By Assignment of Mortgage dated 7/26/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 500, Page 1183. 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 12/1/98 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 $102,229.03 Interest 4,633.10 l 1/1/98 through 6/1/99 (Per Diem $21.65) Attorney's Fees 5,1 11.00 Cumulative Late Charges 224.22 7/26/95 to 6/1/99 Cost of Suit and Title Search 550.00 Subtotal 112.747.35 Escrow Credit 349.85 Deficit 0.00 Subtotal 349.85 TOTAL $112,397.50 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 Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "B'% or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. 10. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $112,397.50, together with interest from 61199 at the rate of $21.65 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 BankAmerica February 05, 1999 Charles J Allen Alice F Allen 24 Kellam Drive Mechanicsburg PA 17055 RE: Loan No. 0021120779 Dear Mortgagor(s): BANKAMERICA MORTGAGE, A DIVISION ATTEMPTING TO COLLECT A DEBT, AND BE USED FOR THAT PURPOSE. OF BANK OF AMERICA, FSB, IS ANY INFORMATION OBTAINED WILL NOTICE OF INTENTION TO FORECLOSE We represent the holder of the mortgage on this property and hereby advise that we will accelerate your mortgage (demand payment in full) and pursue the foreclosure remedies permitted by the mortgage unless your loan delinquencies are cured as provided below. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of the receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, you may request the name and address of the original creditor if different from above. The total delinquency, including late charges and other fees, is $ 2,820.13 for 12-01-98 through 02-01-99. Your failure to pay the delinquent amount, plus any additional monthly payment and late charge and other fees (including any accrued interest) that may come due within the next thirty (30) days, will result in the acceleration of all sums due under your mortgage. After acceleration occurs, a foreclosure action or any other remedy permitted by your mortgage may be instituted. To avoid the acceleration of your mortgage and subsequent foreclosure action, the delinquency mentioned above and any accrual thereto must be paid by CERTIFIED CHECK OR MONEY ORDER and received in our office BankAmedca Mortgage. A Division of Bank of America. FSB , 1'BI , l1 p ?{ A P.O. Box 26388 Richmond. VA 232606388 i ?( i `n BankAmerica 02-05-99 Page 2 Loan No. 0021120779 at 2810 N. Parham Road, Richmond, Virginia 23294, within thirty (30) days from the date of this letter. Please call our Customer Service Department toll-free at 1-800-552-7992 for the exact amount required. You have the right to reinstate your mortgage after acceleration by fulfilling the conditions stated in your mortgage pertaining to such reinstatement. You may call our office to discuss these conditions. Any future negotiations attempting to reinstate your loan or acceptance of any payment less than the full amount due shall not constitute a waiver by the mortgage holder of the acceleration unless agreed to in writing by the mortgage holder. You have the right to assert in the foreclosure proceedings the non-existence of a default or any other defense to acceleration and foreclosure. Sincerely, Collection Department DR336 003 DHR-PP EXHIQITA BankAmerica Mortgage, A Olvision of Bank of America, FSB P.O. Box 26388 Richmond. VA 23260.6388 PENNSYLVANIA. HOUSING FINANCE AUENC Y .Homeowners' :lergency Mortgage Assistance' an Program Payments General Information (717) 780-3940 orre ttondence 2i01 North Rant Street General Information 1-800-342-2397 2101 North Front Street i'.O. Box 15206 TDD # For Nearing Impaired (717) 780-1869 P.O. Box 15530 Harrisburg. PA 17105-5206 FAX # (717) 780-3995 Harrisburg, PA 17105-55 5/20/1999 SUBJECT: BANK OF AMERICA FSB-COLLECTIONS DEPARTMENT CHARLES ALLEN 2810 NORTH PARHAM ROAD 24 HELLAM DR PO BOX 26369 MECHANICSBURG, PA. 17055 RICHMOND, VA. 23294 Your application for a HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE LOAN has been DENIED pursuant to Act 91 of 1983, 35 P.S. Section 168.401-C at seq. and/or Agency Guidelines 12 PA Code Section 31.201 at seq. for the following reasons: DELETED IN LENDER'S COPY You may be entitled to an appeal hearing if you disagree with our decision. We must receive a written request for a hearing within 15 days of the postmark date of thir letter.. (Appeal requests must be in writing; a verbal request is not acceptable). The hearing may be conducted by a telephone conference call; therefore, you must include your telephone number. Requests for hearings must state the reason(s) that a hearing is requested and must be sent first class, registered or certified mail to: Chief Counsel - Hearing Request, PHFA/HEMAP, 2101 North Front Street, P.O. Box 15628 Harrisburg, Pennsylvania, 17105-5628. The Agency will attempt to schedule the hearin, within thirty (30) days after the request is received. When sending your appeal. please be sure to print your name legibly and include your social security number. You have a right to be represented by an attorney in connection with your appeal. I: you cannot afford an attorney you may be eligible for Legal Services representation You can contact a Legal Services representative through the following toll fret number: 1-800-732-3545. Please be aware that scheduling an appeal hearing does no, necessarily stay foreclosure proceedings. DISCLOSURE OF USE OF INFORMATION OBTAINED FROM OUTSIDE SOURCE: 1. Disclosure inapplicable. The Federal Equal Credit Opportunity Act prohibits creditors from discriminatin against credit applicants on the basis of race, color, religion, national origin, sex marital status, age (provided that the applicant has the capacity to enter into binding contract); because all or part of the applicant's income derives from ar. public assistance program; or because the applicant has in good faith exercised an right under the Consumer Credit Protection Act. The Federal Agency that administer compliance with this law concerning this creditor is the Federal Trade Commission Equal Credit Opportunity, Washington, D.C. The Pennsylvania Housing Finance Agency EXHIBIT "6" POLICY NO. D136784CP EXHIBIT A ALL THAT CERTAIN tract of land situate in Upper Allen Towsnship, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Hellam Drive, 50 feet wide, which point is on the line dividing Lots Nos. 11 and 12, Section G, as shown on the hereinafter mentioned Plan of Lots; thence eastwardly along the southern line of Hellam Drive in a curve to the right having a radius of 474.01 feet, an arc distance of 110 feet to a point in the line dividing Lots Nos. 10 and 11 on said Plan; thence South 15 degrees 59 minutes West along said dividing line, 111.41 feet to a point; thence North 72 degrees 15 minutes West 8.24 feet to a point; thence South 88 degrees 15 minutes West 75.67 feet to a point in the line dividing Lots Nos. 11 and 12 on said Plan; thence North 02 degrees 41 minutes 13 seconds East alone the last said dividing line, 124.85 feet to a point in the southern line of Hellam Drive, the place of BEGINNING. BEING Lot No. 11, Section G on Final Subdivision Plan No. 4, Kimberly Meadows, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 31, Page 123. BEING the same premises which Dennis F. Ward and Cynthia L. Albright Ward, husband and wife by their Deed dated July 26, 1995 and intended to be recorded immediately prior hereto, granted and conveyed unto Charles J. Allen and Alice F. Allen, husband and wife, 110RTGAGORS HEREIN. PREMISES: 24 HELLMAN DRIVE trite of Pentwyhronia SS County of Cumberland r^rorded in the office for the recording of Deals ji ? and Berland CounP Qo 6Vol Pagelf?7 •`ne my han ndseal of Q cJ PA IM 1 b?? R CI Page VERIFICATION YVONNE E. GEISSBERGER hereby states that she is ASSISTANT VICE PRESIDENT of BANK OF AMERICA, FSB mortgage servicing agent for Plaintiff in this matter, that he/she 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/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. CVq ne E. Geissberger, As stant Vice President DATE: is • A - 1A '..S y YM L U c J L O'G V'v f- ?. [OW 2[(9161N w 01 W it10[N aut N•mluwuW?ulllY Ytl ?o upsw0y 001m ltlWl31g511v SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-03837 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA FSB VS. ALLEN CHARLES J JR ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: ALLEN CHARLES J JR A/K/A ALLEN CHARLES J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within REINST. NOT/COMP MORTGAGE FORE On August 25th 1999 , this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answe;. Docketing 18.00 Out of County 9.00/? »<?L Surcharge 800 omas ine, 511errf - Dep. Dauphin Co 31..50 SIJ FEDERMAN & PHELAN 08/25/1999 Sworn and subscribed to before me this d day of 19 99_ A.D. --?'-"Pro ono ary? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-03837 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA FSB VS. ALLEN CHARLES J JR ET AL R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: ALLEN ALICE F but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within REINS. NOT/COMP MORTGAGE FORE On August 25th, 1999 , this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answers- Docketing 6.00 Out of County .00j-?? r -? Surcharge 8.00 R-ThC i -5 1 $14.U0 PHELAN 08/25/1999 Sworn and subscribed to before me this 26"?- day of 19-3q A.D. r on ary' iT (1?f ft??e of #4e ?s4Ert ff Man Jane Snyder Ralph G. McAllister Heal Iislate Deputy Chiel Ikputy William T. Tull}, Michael W. Rinehart Solicitor Assistant CWel-Deputy Dauphin County Harrisburg. Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth Of Pennsylvania BANK OF AMERICA FSB Vs County of Dauphin ALLEN ALICE F Sheriff's Return No. 1625-T - - -1999 OTHER COUNTY NO. 99-3837 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for ALLEN CHARLES J the DEFENDANT named in the within REINSTATED COMPLAINT & NOTICE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, August 11, 1999 CHARLES ALLEN DOES NOT LIVE AT THIS ADDRESS HIS NEW ADDRESS IS AT 29 HELLMAN DR, MECHANICSBURG PA. Sworn and subscribed to before me this 12TH days ?f AUGUST, 1999 PROTHONOTARY So Answers, ?)eAlc- Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $31-50 PD 08/03/1999 RCPT NO 126591 W^Mce Of * t Shrri ff Marv Jane Sncder Rul Estate Ikquy •,? :!'27'1 William T. Tully f { Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-26611 las: (717) 255.2%89 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin • BANK OF AMERICA FSB vs • ALLEN ALICE F Sheriff's Return No. 1625-T - - -1999 OTHER COUNTY NO. 99-3637 AND NOW: August 11, 1999 REINSTATED COMPLAINT & NOTICE ALLEN ALICE F Ralph G. McAllister Chiel'Ikpul) Michael W. Rinehart Assistant Chief Depuh' at 9:09PM served the within upon by personally handing to DEFT 1 true attested copy(ies) of the original REINSTATED COMPLAINT & NOTICE and making known to him/her the contents thereof at 2360 LUCE STREET HARRISBURG, PA 17104-0000 Sworn and subscribed to before me this 12TH day of AUGUST, 1999 • r ? ?'Wwl'LG2J PROTHONOTARY So Answers, ? IeI17 ? Sheriff of D hin Pa. By uty Sheriff Sheriff's Costs: $31.50 PD 08/03/1999 RCPT NO 126591 ET/MS In The Court of Common Pleas of Cumberland County, Pennsylvania Bank of America, FSB vs. Charles J. Allen, Jr., et. al. Serve: Charles J. Allen, Jr., a/k/No, 99-3837 Civil Charles J. Allen - Now, 7/27/99 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of 19 19_, at o'clock _ M. served the copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania Bank of America, FSB VS. Charles J. Allen, Jr., et. al. Serve:Alice F. Allen No. 99-3837 Civ Now, 7 / 2 7 / 9 9 ; 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 4?Z 2 Sheriff of Cumbe and County, PA Affidavit of Service Now, within upon at by handing to _ a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of , 19 19_, at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, S UITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 BANK OF AMERICA, FSB P.O. BOX 26388 RICHMOND, VA 23260 ATTORNEY FOR PLAINTIFF COURT OF COlkIMON PLEAS CIVIL DIVISION TERM Plaintiff ? V. No. q --f - 2,?2 7 CHARLES J. ALLEN,IR., CUMBERLAND COUNTY A/K/A CHARLES 1. ALLEN ALICE F. ALLEN 24 HELLANI DRIVE MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE - r. NOTICE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY - INFORMATION OBTAINED WILL BE USED FOR THAT PU -P©SE. 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 ajudgment 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 cerfily the within to be a true and correct Cory Ot the original filed of record FEDERMAN AND PHELAN CUMBERLAND COUNTY PY FROM RECORD CUMBERLAND COUNTY BAR ASSO?,U? 2 LIBERTY AVENUE In h whereof, I here unto set my hand CARLISLE, PA 17013 and the sea<Pf?Bald Cou at Carlisle. Pa. (717) 249-3166 Till 2 waY othonotarY FEDERMAN AND PHELAN ATTORNEY FILE COPY PLEASE RETURN FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 BANK OF AMERICA, FSB P.O. BOX 26388 RICHMOND, VA 23260 V. Plaintiff CHARLES J. ALLEN, JR., A/K/A CHARLES J. ALLEN ALICE F. ALLEN 24 HELLAM DRIVE MECHANICSBURG, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 ajudgment may be entered against you by the court without further notice for anv monev 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 1. Plaintiff is BANK OF AMERICA, FSB P.O. BOX 26388 RICHMOND, VA 23260 2. The name(s) and last known address(es) of the Defendant(s) are: CHARLES J. ALLEN, JR., A/K/A CHARLES J. ALLEN ALICE F. ALLEN 24 HELLAM DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 7/26/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1275, Page 163. By Assignment of Mortgage dated 7/26/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 500, Page 1183. 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 12/1/98 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 $102,229.03 Interest 4,633.10 1111/9.4 through 6/ I /99 (Per Diem $21.65) Attorney's Fees 5,111.00 Cumulative Late Charges 22412 7/26/95 to 6/1/99 Cost of Suit and Title Search 550.00 Subtotal 112,747.35 Escrow Credit 349.85 Deficit 0.00 Subtotal 349.85 TOTAL $112,397.50 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 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 Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "'B"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. to. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $112,397.50, together with interest from 61199 at the rate of $21.65 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 BankAmerica February 05, 1999 Charles J Allen Alice F Allen 24 Kellam Drive Mechanicsburg PA 17055 RE: Loan No. 0021120779 Dear Mortgagor(s): BANKAMERICA MORTGAGE, A DIVISION OF BANK OF AMERICA, FSB, IS ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF INTENTION TO FORECLOSE We represent the holder of the mortgage on this property and hereby advise that we will accelerate your mortgage (demand payment in full) and pursue the foreclosure remedies permitted by the mortgage unless your loan delinquencies are cured as provided below.- You may dispute the validity of the debt or any portion thereof. if you do so in writing within thirty (30) days of the receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, you may request the name and address of the original creditor if different from above. T $ 2,820.13 for he total delinquency, including late charges and other fees, is 12-01-98 through amount, plus any additional 9monthly Your payment failure anto a d lat t echarge and other fees (including any accrued interest) that may come due within the next thirty (30) days, will result in the acceleration of all sums due under your mortgage. After acceleration occurs, a foreclosure action or any other remedy permitted by your mortgage may be instituted. To avoid the acceleration of your mortgage and subsequent foreclosure action, the delinquency mentioned above and any accrual thereto must be paid by CERTIFIED CHECK OR MONEY ORDER and received in our office BankAmerica Mortgage, A Division of Bank of America. FSB ?,LJ Q fT A P.O. Bo:26388_ Richmond. VA 23250.539e EXHIBI 1 A BankAmerica 02-05-99 Page 2 Loan No. 0021120779 at 2810 N. Parham Road, Richmond, Virginia 23294, within thirty (30) days from the date of this letter. Please call our Customer Service Department toll-free at 1-800-552-7992 for the exact amount required. You have the right to reinstate your mortgage after acceleration by fulfilling the conditions stated in your mortgage pertaining to such reinstatement. You may call our office to discuss these conditions. Any future negotiations attempting to reinstate your loan or acceptance of any payment less than the full amount due shall not constitute a waiver by the mortgage holder of the acceleration unless agreed to in writing by the mortgage holder. You have the right to assert in the foreclosure proceedings the non-existence of a default or any other defense to acceleration and foreclosure. Sincerely, Collection Department DR336 003 DHR-PP EXHIBITA BankAmerica Monpage, A Division of Bank of America. FS8 P.O. Box 26388 Richmond, VA 23260.6388 PENNSYLVANIA HOUSING FINANCE AGENCY . Homeowners' aergency Mortgage Assistance- an Program Payments General Information (717) 780-3940 Correspondence 2i01 North Front Street General Information 1-800-342-2397 2101 North Front Street P.O: Box 15206 TDD # For Nearing Impaired (717) 780-1869 P.O. Box 15530 Harrisburg. PA 17105-5206 FAX # (717) 780-3995 Harrisburg, PA 17105-55 5/20/1999 o0ai (?n --IS SUBJECT: BANK OF AMERICA FSB-COLLECTIONS DEPARTMENT CHARLES ALLEN 2810 NORTH PARHAM ROAD 24 HELLAM DR PO BOX 26369 MECHANICSBURG, PA. 17055 RICHMOND, VA. 23294 Your application for a HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE LOAN has been DENIED pursuant to Act 91 of 1983, 35 P.S. Section 168.401-C at seq. and/or Agency Guidelines 12 PA Code Section 31.201 at seq. for the following reasons: DELETED IN LENDER'S COPY You may be entitled to an appeal hearing if you disagree with our decision. We must receive a written request for a hearing within 15 days of the postmark date of thin letter. (Appeal requests must be in writing; a verbal request is not acceptable). The hearing may be conducted by a telephone conference call; therefore, you must include your telephone number. Requests for hearings must state the reason(s) that a hearing is requested and must be sent first class, registered or certified mail to: Chief Counsel - Hearing Request, PHFA/HEMAP, 2101 North Front Street, P.O. Box 15628 Harrisburg, Pennsylvania, 17105-5628. The Agency will attempt to schedule the hearin. within thirty (30) days after the request is received. When sending your appeal. please be sure to print your name legibly and include your social se,urity number. You have a right to be represented by an attorney in connection with your appeal. I: you cannot afford an attorney you may be eligible for Legal Services representation You can contact a Legal Services representative through the following toll fret number: 1-800-732-3545. Please be aware that scheduling an appeal hearing does no- necessarily stay *foreclosure proceedings. DISCLOSURE OF USE OF INFORMATION OBTAINED FROM OUTSIDE SOURCE: 1. Disclosure inapplicable. The Federal Equal Credit Opportunity Act prohibits creditors from discriminatir. against credit applicants on the basis of race, color, religion, national origin, seN marital status, age (provided that the applicant has the capacity to enter into binding contract); because all or part of the applicant's income derives from ar. .. public assistance program; or because the applicant has in good faith exercised ar. right under the Consumer Credit Protection Act. The Federal Agency that administer compliance with this law concerning this creditor is the Federal Trade Commission. Equal Credit Opportunity, Washington, D.C. The Pennsylvania Housing Finance Agency EXHIBIT "6" POLICY NO. D136784CP EXHIBIT A ALLmbeTHATandCECountyRTAIN situate wit: as sfollows, to BEGINNING at a point in the southern line of Hellam Drive, 50 feet wide, which point is on the line dividing Lots Nos. 11 and 12, Section G, as shown on the hereinafter mentioned Plan of Lots; thence eastwardly along the southern line of Hellam Drive in a curve to the right having a radius of 474.01 feet, an arc distance of 110 feet to a point in the line dividing Lots Nos. 10 and 11 on said Plan; thence South 15 degrees 59 minutes West along said dividing line, 111.41 feet to a point; thence North 72 degrees 15 minutes West 8.24 feet to a point; thence South 88 degrees 15 minutes West 75.67 feet to a point in the line dividing Lots Nos. 11 and 12 on said Plan; thence North 02 degrees 41 minutes 13 seconds East along the last said dividing line, 124.85 feet to a point in the southern line of Hellam Drive, the place of BEGINNING. BEING Lot No. 11, Section G on Final Subdivision Plan No. 4, Kimberly Meadows, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 31, Page 123. BEING the same premises which Dennis F. Ward and Cynthia L. Albright Ward, husband and wife by dconated 26, 1995 hereto CharlesdJ.nAllendanto be d Alice F. Allen, husband and wife, MORTGAGORS HEREIN. PREMISES: 24 HELLMM DRIVE c:tate of Pennsylvania County of Cumberland SS R:?n-ded in the office for the recording of Dee" J!, nd berlandCoun???PD? fSoo ?Vol =Pagellr??7 my han nd seal of n ?? i :: r!iRle, PA L? ` ,5 CLTIC Form E80 Page 1 VERIFICATION YVONNE E. GEISSBERGER hereby states that she is ASSISTANT VICE PRESIDENT of BANK OF AMERICA, FSB mortgage servicing agent for Plaintiff in this matter, that he/she 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 heat nt his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of IS Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. C:Yv ne E. Geissberger, As stant Vice President DATE: L. • A OFFICE OF THE SHERIFF Y ,lug 16 '105 PH 199 CAt't ISLE PENNSYLVANIA (J ?7 r ^v p --- y A'l l J (.J t .?C M r 4"x < :-moo 1 __ ?L.TC _ ?xma h- .G FEDERMAN AND PHELAN By: Frank Federman, Esquire Arty. I.D. No. 12248 Two Penn Center Plaza, Suite 900 Philadelphia, PA 191024799 (215) 563-7000 Bank of America, FSB V. Charles J. Allen, Jr. a/k/a Charles J. Allen Alice F. Allen ATTORNEY FOR PLAINTIFF Cumberland County Court of Common Pleas Civil Division No. 99-3837 Civil PRAECIPE TO THE PROTHONOTARY: A. Plaintiff hereby withdraws the complaint filed in this matter. Please mark this case discontinued and ended without prejudice. _x_ B. Please mark this case settled, discontinued and ended. to -k-?7q Date Frank ed an Attorney for Plaintiff mao«eeoc7r? ?? oisoeeiaoa aurmb.«„a??i a,uV031 1Z l v Kuo 1v93111V6TV