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HomeMy WebLinkAbout01-6189FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. F/Ir-dA AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRIVE PLANO, TX 75024-3632 Plaintiff JOSEPH R. BARRETT BARBARA T. BARRETT 1654 HOLTZ ROAD ENOLA, PA. 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 4373649 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OI~'IolCE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRIVE PLANO, TX 75024-3632 The name(s) and last known address(es) of the Defendant(s) are: JOSEPH R. BARRETT BARBARA T. BARRETT 1654 HOLTZ ROAD ENOLA, PA. 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 5/31/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1266, Page 41. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 6/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 5/1/01 through 10/1/01 (Per Diem $10.79) Attorney's Fees Cumulative Late Charges 5/31/95 to 10/1/01 Cost of Suit and Title Search Subtotal $44,373.73 1,661.66 1,000.00 125.80 550.00 $47,711.19 Escrow Credit 16.55 Deficit 0.00 Subtotal ($ 16.55) TOTAL $47,694.64 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with PlainfiWs written Notice to Defendants, a tree and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rej coted by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $47,694.64, together with interest from 10/1/01 at the rate of $10.79 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 ~Countf~,,wide· HOI~IE LOANS Augu~ 24,2001 Joseph R Barreff 1664N0~zRoad Enola. PA 17025-0~00 Certified Mall No, Return Receipt Requested ' Regular Mall Account No.: 4373649 1654 Hollz Road Enola, PA 1702~-~000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE ThM N~lce ccntaln8 Important legal Infomtatlun. If you have em/questions, reprMe,~.a::-,ea M the Consumer erea. The I~cal t~, ~on may be aMe to help you find a lawyer. LA NOTIFICAC~N EN ADJUNTO ES DE 8UMA ]MPORTANCIA, PUES AFECTA SU DERECRO A CONTINUAR VIVIENDO EN SU ~ 81 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBI"ENGA UNA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 2001 P,O. BOX 660694 Dallas, TX 75266-0694 II,.hhh.hhll.,Ih,ll..Ih.hh.h,lhl.d,.h,hll ~736 ~,950002049140204~1/* $2.049.14 AS OF September 28, ~unb~Wde* HO~E LOANS August 24, 2001 Barbara T Barretl 1654 Hoitz Road Enola, PA 17025-00~0 Account NO.: 4373649 I~ope~' A~lmsa: 1654 HoJtz R~ad ~rm~ ~unt~ H~e ~ns Sew~lng LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 2001 P.O. BOX 660894 D~, I'X 75266-0694 Ih,,hhh,,hl,lh,,lh,ll,,,,ll,,I,h,,I.lhh,,I,,I,,I,II 4373649500020491~0204914 $2,049.14 AS OF SeptembeT 26, EXHIBIT A I~EMPORARY STAY OF FORECLOSURE - Uncisr the Act, you ars entit ~d to a temporary stay of foreciosurs on your mortgage for thirty-rNa (35) clays from the clots of this Notice. Curing that time you must ananga ancl attend a '~ane-fo- fane" meeting with one Of the consumer cre~t counseling agencies listed at the end of this Notice. THIS MEETING MU~q' OCCUR WITHIN THE NEXT f~} DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGA(~ ASSISTANCE. YOU MUST BRING YOUR MCRTGAGE UP TO DATE. THE PAF~' OF THIS NOTICE CALLED 'HOW T(~ (~URE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MOR'i'~iAGE UP TO DATE. GQN~UMER CREDIT COUNSEUNG AGENCIES - If you meet with one of the consumer crec~ti counseling agencies I~ted at tho end of this notice, the landar may NOT take anuon agathet you far thldy-flve (~5) days after tho c~te of this Not~s (see folfowthg pages f~- specitin thforrnedon about tho niEum of your default.) If you have thed and are uretbls lo resolve trds pn~iom w~ ttie lender, y~J have the dght to appiy f= financial assistance from the Homeowner's Emergency Mo~lgaga /Leetetance Program. To do so, you must fill out, sign and tile a completed Homeowner's Emergency Assistance Program Application witti one of the daetgnated consumer credit counuetthg agencies listed at y~u in submitting a complete application to the Panr~anla Honsthg Flnance Agency, Your application MUST be filed ar postmarked within thlrty-~Ne (35) days of y~ur fane-to-fane meeting. OTHER TIME PERIODS ~ FORTH IN THIS LETTER, FORECLDSURE MAY PROCEED AGAINST YOUR HQME ~ - Available funds for emergency mortgage &ssiofance are very limited. Tltey will ~e dlci)ursed by the Agency undm' the ellgrolll[y criteria eeta~lis~cl by the Act. The Pannsyivania Housing Finance Agency has sixty (60) days to make a dacislon after it receives your application. During that time, no forncinaure proceedings Will be PennsyNanla Housing Finance Agency of Its decision on your applinetlon. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A Pe'~IWlON IN BANKRUPTCY, THE FOLLOWING PART OF THI~B NOTICE IS FOR INFORMATION PURPDSE$ ONLY AND SHOULD NOT BE YOUR HOME LOAN IS IN DEFAULT FOR '~qE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE J~[~L~i~' Cquntrw~lcle Home Loans Servinln~ LP. (hereinafter 'Countrv~iEa"} sewlcan your $844.00 $1,288.00 $25.16 $50.32 PAYUENT INSTRUCTIONS HOW TO CURE THE DEFAULT- YOU may cure this ~efauit within THIRTY-FIVE (35} DAYS of the date of this istter, by paying to us the above amount of $2,049.14, plus any additional monthly payments, tote charges, fees and (Ydler app;~able ch,3rges w~lch may fall due during this pedod. Such payment must he In the form of cer:ltied check, eash{er's check or money order, and macis payeble to Countrywide st P.O. Box 660694. ONles, TX 75266-0694. It your checl< or other payment is fntume¢l to us for )nsufflcisnt funds or for any other reason, you wilt not have cured your default. No extension of time to cum W~ll be granted due to a rstumed payment. If you do not cure this default wlthbl THIRTY-FIVE (35) DAYS, we will ac~eisrate the payments due on your hOme loan. YEAR,) TO ASSERT THE NONEXISTENCE OF A DEFAULT tN ANY FORECLOSURE EXHIB%T A PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. SlO0) Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P O Box 1328 WillilunsporL PA 17703 (570) 326-0587 FAX (570) 322-2197 CLINTON COUNTY CCCS of No~heastern PA 1631 South Atherton Sc. Suite 100 Stau: College, PA 16801 (814) 238-3668 FAX (814) 238-3669 CCCS of Northeuatem PA 20i B~in Strut Williamsporc PA 17703 (570) 323-6627 FAX/570) 323-6626 31 W Market Street POB 1127 Wilkes-Bar~, PA 18702 (570) 821.0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Oppommity of Luzcme County 163 Amber Lane Wilkes-Barre. PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665---{Cal1 Before Faxing) (570) 4554994 Hazeltown FAX (570) 455-563 I--(Call Before Faxing) (570) 8364090 Tunkhannock Booker T Washington Center 1720 Holland Center Erie, PA 16503 (814)453-5744 FA.'< (814) 5749 John F Kennedy Center, Inc. 3021 East 20a' Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6a~ Street Harrisburg, PA 17101 (717)234-5925 FAX (717) 234-9459 Community Action Corem of thc Capital Region 1514 Derby Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234°2227 COLUMBIA CO L%-rY CRAWFORD COUNTY CUMBERLAND COUNTY 1400 Abinglon Executive Park Suit~ 1 Clarks Summit. PA 18411 (570) 587-9163 or (800) 922-9537 F.-LX (570) 587-9134-9135 Grealer Eric Community Action CommiRee 18West 9~ Sueet Ehe, PA 16501 (814) 459-4581 FAX(814)456-0161 Shenango Valley Urban League, 601 Indiana Avenue Farmll. PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West 3'a Street Waynesboto, PA 17268 (717) 762.3285 YWCA of Carlisle 301 "G" Strut Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Ger0/sburg, PA i7325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. Z3, JLa'NE 5, 1999 EXHIB¥1" A ~1 T~IAT CERTAIN tract or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly hounded and described according to survey plan of Hartman and Associates, INC., Engineers and Surveyors, dated June 6, 1994. BEGINNING at a point in the northern line of land now or formerly of Lawrence T. Joyce at its intersection with the eastern line of land now or formerly of Nora Ann Fraker; thence north 25 deprees 2! minu~es 58 seconds east, along said line of Fraker lands 190 feet to a point; thence south 75 degrees 36 minutes 25 seconds east 441.38 feet to a point in the southwest portion of a. private road; thence south 13 degrees 05 minutes 01 seconds east, a distance of 18~ feet to a pipe in =he northern line of land now or formerly of Daisy Z. Sampson; thence north 77 degrees 38 minu=es 31 seconds west, 424.10 feet to an iron pan in the eastern line of land new or formerly of Lawrence T. Joyce aforesaid; thence north 78 de~rees 38 minutes 03 seconds west, alon9 said line Of Joyce lands 138.92 feet to a point, the place o~ BEGINNING. BEING THE SAME PREMISES which Clinton A. Orris, Executor of =he Last Will and Tes~amen= of Warren C. Orris, late, by deed dated September 7, 1994 and recorded in ~he Recorder of Deeds office in and for Cumberland County, ~A in Deed Book II!, pa~e 726, ~ran~ed and conveyed unto Joseph R Ba..e_t, his heirs and assigns. ' ~ ~ PRIgilSES 0~: 1654 ~OLX~ ROAD VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiffin this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are hue 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. ~ ~ , ~/~_.~~/~ SHERIFF,s RETURN - CkSE NO: 2001-06189 p COMMONWEALTH OF PENNSYLVANIA: COLrNTy OF CUMBERLAND COUNTRYWIDE HOMEs LOANs INC_____ VS BARRETT JOSEPH R ET AL REGULAR SHANNON SUNDAy , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly Sworn according to law, says, the within COMPLAINT _ MORT FORE was BARRETT JOSEPH R DEFENDANT , at 1443:00 HOURS, at 165____~4HOLTZ ROA]D on the 31s_~t ENOLA, PA 17025 BA___RBA__~ BARR__ETT~, WIFE a true and attested copy of COMPLAINT served upon the day of October , 2001 by handing to - MORT FORE together with and at the same time directing He____r attention to the contents thereof. Sheriff,s Costs: Docketing Service Affidavit Surcharge 18.00 10.40 .00 10.00 38.4 - Sworn and Subscribed to before me this ~ day of _Tb So Answers: R. T-~ma~l i--j~--e -- 11/01/2001 FEDERMA/~ & PHELj~N De~-~ty ~he~iff~ SHERIFF'S RETURN - C~SE NO: 2001-06189 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOMES LOANS INC VS BARRETT JOSEPH R ET AL REGULAR SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon BARRETT BARBAP~A T the law, DEFENDANT , at 1443:00 HOURS, on the 31st day of ~ctober at 1654 HOLTZ ROAD , 2001 ENOLA, PA 17025 BARBARA BARRETT by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing He____r attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this __~ day of - ~'~ ~/ A.D. rothonogary X~r;-:~ So Answers: R. Thomas Kline 11/01/2001 FEDERMAN & PHELAN FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff OI~E PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRIVE PLANO, TX 75024-3632 Plaintiff, JOSEPH R. BARRETT BARBARA T. BARRETT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6189 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiffand against JOSEPH R. BARRETT and BARBARA T. BARRETT, 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 10/1/01 to 12/6/01 TOTAL $47,694.64 $722.93 $48,417.57 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQU1RE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAf~. DATE: / c~- / { - D { ~ PRO PROTHY (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRIVE Plaintiff, JOSEPH R. BARRETT BARBARA T. BARRETT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6189 Notice is given that a Judgment in the above-captioned matter has been entered against you on / 2ooi. If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. 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 HAVE 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.** FEDERMANAND PHELAN 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 COUNTRYWIDE HOME LOANS, INC. F/K/AAMERICA,S WHOLESALE LENDER Plaintiff VS. JOSEPH R. B/~RRETT BARBARA T. BARRETT : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO.01-6189 CIVIL Defendant TO: DATE BARBARA T. BARRETT 1654 HOLTZ ROAD ENOLA, PA 17025 /~C/,~ OF NOTICE: NOVEMBER 21, ~00] THIS FIRM IS A DEBT COLLECTOR ATTEMP~/~*~T0 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. I OR N IC You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Feder~an, Esquire Attorney for Plaintiff 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 ATTOP~NEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY vs. JOSEPH R. BARRETT BARBARA T. BARRETT : NO. 01-6189 CIVIL Defendant (s) TO: JOSEPH R. BARRETT 1654 HOLTZ ROAD ENOLA, PA 17025 DATE OF NOTICE: NOVEMBER 21. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ~pT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, ~~NFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPO~E~,~OU HAVE ~REVIOUSLY RECEIVED A DISCHARGE IN BAN~f~T, THIS ORRESPONDENCE IS NOT AND SHOULD NOT BE dO~STRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION i617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPI-HA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRIVE Plaintiff, JOSEPH IL BARRETT BARBARA T. BARRETT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6189 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 JOSEPH R. BARRETT is over 18 years of age and resides at, 1654 HOLTZ ROAD, ENOLA, PA 17025. (c) that defendant BARBARA T. BARRETT is over 18 years of age, and resides at, 1654 HOLTZ ROAD, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER Plaintiff, JOSEPH R. BARRETT BARBARA T. BARRETT Defendant(s)· : No. 01-6189 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest fi.om 12/6/01 to 3/6/02 (per diem -8.11) TOTAL $48,417.57 $971.10and Costs $49,388.67 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. DESCRIBED ACCORD Nr: ,. ...... .. LTH OF PENNSYLVANIA. MO ~ ~-- ...... ~ ~AMPDE.N, COLN~ OF BEGINNING AT A POINT IN THE NORTHE~ LINE OF LAND NOW OF F~RLY OR LAteEN'CE T. JOYCE AT ~S INTERSECTION WIT}i THE EASTERN LiNE OF LAND NOW OR FO~IERLY OF NO~ ANN F~KER: ~ENCE NORTH 2~ DEGREES 21 MLNUTES ~8 SECONDS EAST, ALONG SAiD LINE OF F~R LANDS 190 FEET TO A ~[NT; THENCE SOl,TH 75 DEGREES 36 ~LNUTES 25 SECO~s EAST ~1.38 FEET TO A POLNT IN THE SO~EST ~RTION OF A PRIVATE RO~; ~ENCE DISTANCE OF 185 ~ET TI) ~ PIPE IN SOU~ 13 DEGREES 0~ .~INUTES 01 SECONDS EAST. A ' THE NORTHErN.LINE OF LAND NOW OR FO~IE~y OF DAISY Z. SA~ON; THENCE NORTH 77 ~gs~rTgS 0~ .~ow o~ ~o~r o~ ~,w~c~ ~. ~oYC~ .~ . · D~ ,oo.~. va~liO A POfNT, THE Tax Parcel ID a: 10-12-2987-003 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA~S WHOLESALE LENDER Plaintiff, JOSEPH R. BARRETT BARBARA T. BARRETT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-6189 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESAI,E I,ENDEIL Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for thc Writ of Execution was filed the following information concerning the real property located at, 1654 HOLTZ ROAD, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSEPH R. BARRETT BARBARA T. BARRETT 1654 HOLTZ ROAD ENOLA, PA 17025 1654 HOLTZ ROAD ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: JOSEPH R. BARRETT BARBARA T. BARRETT 1654 HOLTZ ROAD ENOLA, PA 17025 1654 HOLTZ ROAD ENOLA, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nalne None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name HOUSEHOLD REALITY CORPORATION Last Known Address (if address cannot be reasonably ascertained, please indicate) TO BE DETERMINED 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please 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 None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 1654 HOLTZ ROAD ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December_~6 2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff F~EDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER Plaintiff, JOSEPH R. BARRETT BARBARA T. BARRETT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6189 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANi~ FEDERMAN, ESQUIRE Attorney for Plaintiff CouNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER Plaintiff, JOSEPH R. BARRETT BARBARA T. BARRETT Defendant(s). TO: JOSEPH R. BARRETT 1654 HOLTZ ROAD ENOLA, PA 17025 CUMBERLAND COUNTY No. 01-6189 December 6, 2001 BARBARA T. BARRETT 1654 HOLTZ ROAD ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND 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,. !654 HOLTZ ROAD~ ENOLA~ PA 17025~ is scheduled to be sold at the Sheriffs Sale on MARCH 6~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 48~417.57 obtained by COUNTRYWIDE HOME LOANS~ INC. F/K/A AMERICA'S WHOLESALE LENDEIt (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215} 563-7000. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) .YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHEIt _.RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAI~ PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be flied by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 L~'z.a I Desc.'mr~on: .............................................. ALL TH.-~T CERT&I~ TFL~ ..... / ' ' ' '~u~ARCELOFL4~'DSITL'4TEI~T CCMBERLAND AND CO~I,M~N~ ....... ' ' . : HE TO~ ~'5HIp ,~ O~SCRI~fb ACCO~I3C .~ ~..~t~ OF ~f~i~LVANL~ MORt p~t~..-.~ ~'*"~v~'~' COl~ SL'RVEYO~. D4TED ,~'N/~ ~C~Ey PLA.~' OF HARTMAN ~.~ ~5Sn ...... ~a~ BOUNDED ~D ' , ~. 199a. ~.~ ~ INC.. E~Gt~EE~ ~D / /' BEGINNING AT A POINT ~N ~ ~ORTHEkN LI~I OF LAND ~OW OF F~RLY OR LAWRENCE T, JOYCE ITS INTERSECTION WITH THE iASTE~ LI~E OF LAND NO% OR FOk~IERLY OF NO~4 ANN THENCE ~ORTH 2! DEGREES 21 .~IL~I'TE~ ii SECONDS EAST. ALONG SAiD LINE OF Fk~R L~.~'D~ 190 FEET TO A EI3T; THENCE $OI,TH ~! DEGREES 36 ~LNL'TES 25 SECOnds EAST ~1.28 FEET TO A POLNT IN SOLOIST ~RTION Of A PRIVATE RO,~; ~i~CE SOl'~ i~ DEGREEs 05 -~IINUT~ 01 5tCOS'Di ~A~T. A DISTANCE OF Iii FEET Ti) A PIPE IN THE NORTHERN ~INE OF LAND NOW OR FOk~lE~y OF DAISY Z. SAMSOn: THENCE NORTH ~ DEGREES 38 .~H~UTES 31 SECONDS WEST, 424. t0 FEET TO A.~ mO~ PL~' ~ THE EAS~IHE OF LA.~D /P~CE OF ~EG~X~I~G. sECONDS WEST. ALONG SAID LI~E OF JOYCE LANDS 138.92 FEET TO A PO{~T, THE Tax Parcel ID ~,: 10-12-298~-003 PLAINTIFF DEFENDANT(s) AFFIDAVIT OF SERVICE COUNTRYW/DE HOME LOANs, INC. F/K/A AMERICA'S WHOLESALE LENDER JOSEPH R. BARRETT BARBARA T. BARRETT SERVE JOSEPH R. BARRETT AT 1654 HOLTz ROAD ENOLA, PA 17025 CUMBERLAND COUNTy No. 01-6189 ACCT. ~ Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED Served and made known to ~'~S~t~ ~, //~ ~ · '-'~------' ° cl°cic-p.m-, at J~'-~ T 1~]~ ~J ~ ~aay°t~,200 [, °fPe~y va~a, ~ th ........ x ~, ~{~ ~ ua~er aescr bed below: ~, Co~onweal~ Defendant personally served. ~Ad~t fa~ly member with whom Defendant(s) reside(s). ~Adult in charge of Defendant(s)'s residence w Re~atio~hip is ~. i, ,o ' ~ agent or person in char~ ~e~-~ - y~, ~etenaant(s) reside(s), h~p. ~ o'~ctenaantis) s office or usual place &bus ness. ~O~er: ~ _ an officer of said Defendant(s),s company. a ~e ~d CO~ect con~e,~ xr~_ ' a CO~etent adult, bein~ d,,~,, ~ . ~ ~: ~-me NOace of Sheriffs Sale ;- ,r- ~ ~,: ~wom according to law, de o · e address ~dicated above.~ ,~, u~ aerem, Issued ~ ~e ~-~-- ~ ~--~o~liy ~ded Sworn to and subscribed PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMEs OF SER~CE ATTEMPED. NOT SERVED On the ~ day of ~,200 ,at o' ~ ~ clock ~.m., Defendant NOT FOUND because: ~ Moved ~ U~o~ No Answer O~er: ~ Vacant Sworn to and subscribed before me this ~ day of No~:------'~' 200 _. By: Frank Federman, Esquire. I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (21 $) 563-7000 PLAINTIFF DEFENDANT(s) AFFIDAVIT OF SERVICE COUNTRYWIDE HOME LOANs,/Nc. F/I(/A AMERICA,S WHOLESALE LENDER JOSEPH R. BARRETT BARBARA T. BARRETT SERVE BARBARA T. BARRETT AT 1654 HOLTz ROAD ENOLA, PA 17025 CUMBERLAND COUNTy No. 01-6189 ACCT. ~ Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 °f Pennsylvania. in the manner described below: -~Defendant personall serv Y ed -------- Adult £am/l ,, me L . · ; moer with who,m Defendant(s) reside(s). Relationsh/p is -------._Adult in charge of Defendant(s) s residence who refused to give name or r~' -'------Manager~Clerk of place of lodging in which Defendant(s) res/de(s). ---------.Agent or person in charge of Defendant(s),s office or Usual place of business. ~~ an officer of said Defendant(s),s COmpany. SERVED Served and made known to __~ ~. ~K3~ ~'~ ,'2 at ~, o'c/ock ~.~~' D~da}t, on the ~3 g ~ day of 0 '~, 20~, -, Co~onweal~ , g t?~.~ Weight I, C e ~- Race [tO . ~ct co~'a competent adult, bem~, fore ~ ~s Zq~ / .. _ aers~urg B;,o, Franklin~ of m -~- ~ any [ My G~m[ss[oa ES. INDICATE DATEs & ~I~ OF SER~CE ATTEMPED. On ~e NOT SERVED ~ day of ~, 200~, at o' ~ Moved ~ U~o~ ~ No A~wer ~ clock ~.m., Defendant NOT FOUND because: O~er: ~ Vacant Sworn to and subscribed before me this ~ day of ,200 . Notary: -- By: Frank Federman, Esquire. I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. f/k/a America's Wholesale Lender VS Joseph R. Barrett and Barbara T. Barrett In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6189 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 24.20 Mileage 18.20 Levy 15.00 Advertising 15.00 Certified Mail .82 Poundage 182.58 Law Journal 265.40 Patriot News 203.10 $800.80 paid by attorney 3-08-02 Sworn and subscribed to before me So Answers: This /q~day of R. Thomas Kline, Sfleriff 2002, A.D. Prothonotary Real Estate Deputy j. ~O COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER ~* Plaintiff, JOSEPH R. BARRETT BARBARA T. BARRETT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6189 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDEP_, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of thc date the Praccipe for the Writ of Execution was filed thc following information concerning thc real property located at, 1654 HOLTZ ROAD, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be , reasonably ascertained, please indicate) JOSEPH R. BARRETT BARBARA T. BARRETT 1654 HOLTZ ROAD ENOLA, PA 17025 1654 HOLTZ ROAD ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: JOSEPH R. BARRETT 1654 HOLTZ ROAD ENOLA, PA 17025 BARBARA T. BARRETT 1654 HOLTZ ROAD ENOLA, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nanle None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. N~ame and address of last recorded holdei'of every mortgage of record: Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALITY CORPORATION TO BE DETERMINED 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please 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 None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 1654 HOLTZ ROAD ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 6, 2001 ~[~-~/ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER Plaintiff, V. JOSEPH R. BARRETT BARBARA T. BARRETT Defendant(s). TO: JOSEPH R. BARRETT 1654 HOLTZ ROAD ENOLA, PA 17025 CUMBERLAND COUNTY No. 01-6189 December 6, 2001 BARBARA T. BARRETT 1654 HOLTZ ROAD ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTE ** Your house (real estate) at, 1654 HOLTZ ROAD~ ENOLA~ PA 17025~ is scheduled to be sold at the Sherif£s Sale on MARCH 6~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 487417.57 obtained by COUNTRYWIDE HOME LOANS~ INC. F/K/A AMERICA'S WHOLESAI.E LENDER (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. 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: 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. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE Or[HEll RIGHTS EVEN IF THE SHERIVV*S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Shefiffthe 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 fight to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Shefiffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 Le'Z_~ I Oe~cr~ptfl~_n: ........ ~ .......................................... ~' ALL THaT CERT.~iN TR: /// ...... ~ ' ' ' ' aCT OR PARCEL OF L~'D SiTL' ~TE ~. THE TO~ ~.~ / SL'RVEYO~. DATED .~'NE 6. 1994. - ...... ~-, .~.,u .A~OCIATE~"I,~C., E~'GI~'EE~ ~ / ,/ BEGInNInG AT A POI>'T hN THE NORTHERN LI~E OF LA,ND ~'O~ OF F~LY OR LA~RE>'CE T. JOYCE AT ITS I~TERSECTION WITH THE EASTERN L/NE Off LA,ND .NOW OR FO~5{ERLY OF ,NO~q A,~'N' F~qKER: THE,NCE ,NORTH 2~ DEGREES 21 .~LNUTES 58 SECO~'DS EAST, ALONG SA/D LI>'E OF F~q~R LA,N'DS 190 FEET TO A POINT; THENCE SOl;TH 7~ DEGREES J6 ~[NE'TES 25 SECO~S EAST ~1.38 FEET TO A POLNT IN ~E SOL~EST PORTION Olt A PRIVATE RO~: ~ENCE SOU~ 13 DEGREES 05 .~II~UTE5 01 SECO~'DS EAST. A D[ST.~,NCE OF 185 FEET T() A PIPE LN THE NORTHERN LINE OF LA,ND NOW' OR FO~[E~y OF DAJSY Z. SAMSON: THENCE NOR'I'~ ~7 DEGREES J8 MINUTES 31 SECONDS WEST, 424.10 FEET TO A,N ~ON P/N I,N' THE EASZ~I~E OF LAND ~EES ~I~UTE~ 03 .NOW OR FORME~y OF LAW~NCE T IOYCE ~ECOND~ WEST, ALONG ~AID ~'~ n~'; ...... AFORESA~: T~E.NCE ~ORT~ ~ ,/~LACE OF 8E~NING. ' ~-, ~ ~r aur~ LA,NDS 138.92 FEET TO A POINT. THE Tax Parcel ID WRIT OF EXECUTION ~nd/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND NO. 01-6189 CIVIL 19 CIVIL ACTION- LAW WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND Tosatisfythedebt, interestandcostsdue America's Wholesale Lender NO. 01-6189 CIVIL 19 CIVIL ACTION - LAW COUNTY: Countrywide Home Loans, Inc., f/k/a PLAINTIFF(S) from Joseph R. & Barbara T. Barrett, 1654 Holtz Road, Enola PA 17025. DEFENDANT(S) (1) You are directed to levy upon the properly of the defendant(s) and to sell Real estate located at 1654 Holtz Road, Enola PA 17025. (See attached 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/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any properly of the defendant(s) or otherwise disposing t he reof; (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $48,417.57 Interest 12/6/01 to 3/6/02 Atty's Comm ( $8.11 per ~oem) Atty Paid $126.40 $971.10 Plaintiff Paid L.L $.50 Due Prothy $1.00 Other Cosls CURTIS R. LONG Date: December 11, 2001 REQUESTING PARTY: Name Frank Federman, Esq. 1617 JFK Blvd., Ste-- Address: 1400 Attorney for: Telephone: Plaintiff (215) 563 7000 19103 1814 Supreme Court ID No. Prothono. ta~y, ,Civil [~vision Deputy REAL ESTATE SALE No. ~ On December 13, 2001, the sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, known and numbered as 1654 Holtz Road, Enola and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2001 By: Rea-V-' telEs~a Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. 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 Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 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 C~aneous Book "M", Volume 14, Page 317. PUBLICATION COPY Sworn to and subsc~i~d before me,this 22n~/d~y ~///F~bruary 2002 A.D. Terry L. Ru--m4dl, Notary Pu~lc .~ ~u~ ~ ~ T .4~,: ....... M~r, ~nsyN~ia ~ ~ ~Y commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTFIOUSE 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 $ 201.60 $ 1.50 $ 203.10 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. FEDERMAN AND PHELAN, LLP By: Frank Fedei:~aan, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. FJK/A AMERICA'S WHOLESALE LENDER VS. JOSEPH R. BARRETT BARBARA T. BARRETT Plaintiff Defendant(s) Court of Common Pleas CUMBERLAND County No. 01-6189-CIVIL TERM PRAECIPE TO WITHDRAW COMPLAINT~ WITHOUT PREIUDICE . WITHDRAW JUDGMENT AND DISCONTINUE AND EN~ TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, withdraw the judgment entered on or around 12/07/01 in the amount of $48,417.57 and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman Attorney for Plaintiff PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 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 tree. ~ ESTATE 9~tt]e NO. 54 Writ No. 2001-6189 Civil Countrywide Home Loans, Inc. f/k/a America's Wholesale Lender Joseph R. Barrett and Barbara T. Barrett Atty.: 1*rank Federman LEGAL DESCRIPTION: ALL THAT CERTAIN tract or par- col of land situate in the Township of Hampden, County of Cumber]and and Commonwealth of Pennsylva- nia, more partlc~flarly bounded and described according to survey plan of Hartman and Associates, Inc., Engineers and Surveyors, dated June 6. 1994. BEGINNING at a point in the northern line of land now or formerly of Lawrence T. Joyce at its intersec- tion with the eastern line of land SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY, 2002 LOI~ E. ~IYDER, Na~l~ Pul~io