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Home My WebLink About08-3738GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff' vs. MICHAEL T. CALAMAN Mortgagor and Real Owner 35 Partridge Circle Carlisle, PA 17013 Defendant Term No. C$-37,3 T?rr? CIVIL ACTION: MORTGAGE PORECLOSURF NOTICE 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 the 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 claim in the Complaint of 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA. PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hqp://www.phfa.orWconsumers/homeowners/real.aWx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(i?goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 67745FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER, 7105 Corporate Drive, PTX C-35 Plano, TX 75024. 2. The names and addresses of the Defendant is MICHAEL T. CALAMAN, 35 Partridge Circle, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On January 20, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1939, Page 1559.. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for February 01, 2008 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$86,115.66 Interest from 01/01/2008 through 06/02/2008 at 6.7500% .......................$2,451.67 Per Diem interest rate at $15.92 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,305.78 Late Charges from 02/01/2008 to 06/02/2008 ............................................. $142.69 Monthly late charge amount at $28.54 Costs of suit and Title Search ......................................................................$900.00 Monthly Escrow amount $200.01 $93,915.80 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $93,915.80, together with interest at the rate of $15.92, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: 0 V ?4 (Z4Z Z-V Y- V -Z GOLDBECK McCAFFERTY & Mc BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Irhad Mosley, Asst. Vice Pregident , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date. Chad Mosley, Asst. 35 Partridge Circle Carlisle, PA 17013 - MICHAEL T. CALAMAN E.ChibitA P. 18 Jun 04 2008 3:36PM HP LRSERJET 3330 ALL THAT CERTAIN tact of land with the improvements thereon erected, aitusis In the Township of North Middleton, Cumberland County, Pennsylvania, bounded end desaibed, as FOlldwa: BEGINNING at a print on ft northern right of way line of Partridge Circle at the souUrkvd corner of Lot No. 3-C; thence along saki rV4 of way line North 59 degrees 24 minutes 23 seconds Wed 18.00 fast to a point being the soulmw comer of Lot 3OA; thence along lot No. 3-A and partly through a partition wall and through a 10' emergency easement and through a 4V pipeline essereent and through a 50' pipW* eseemerrt North 30 land1a South 8a degreee 55 minutee 58 amid Susan Burger, Deed Book 31-0 Page 0fed thence aaMM iasid seconds Fast 18.18 fast to a point being the norifN wet corner of Lot No. 3-C; thence along Lot No. 3-C and pa 60, rtlyasemerl; South 30 degreas 35 minulas 37 asoondeasement est 245.33 foot lo a said poK being the p of BEGINNING. CONTAINING 4,395 square fleet, more or has. HAVING thereon erected a two story dwelling known and numbered as 35 Partridge Circle, Carlisle, PA 17013. BEING LOT NO. 3-9 on the Final Re-Subdivision Plan for Middleton Estate% prepares by R.J. Fisher d Associates. Inc., and recorded In Cumberland County in Plan Book 69, Paige 48. SUBJECT, HOWEVER. to such easements, restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. Parcal 29.15-1252-047 be recorded 'Unibcrisi-d County PA Recorder of Deeds (200lj1200B&.PF0P2MM200se.PFM%4) '0412008 10'05.50 AM CUM13ERL.AND COUNTY Inst.#t 200603837 - Page 14 or 14 Eyhidit B E ---dL ywide' NO"C LCAND P.O. BM( 9D48 Temecula, CA 92689-9048 Send Payments To: PO BOX 660694 Dallas, TX 75266-0694 Send Conespondenceto., PO Box 5170, MS SV314B Simi Valley, CA 93065 2207319241 Michael T Calaman 35 PARTRIDGE CIR CARLISLE, PA 17013-8700 080201-BLQPAl PRESORT First-Class Mail U.S. Postage and Fees Paid WSO .CountrywNleft HOME LOANS P.O. Box 660694 Send Payments to., Dattas, TX 75266-0694 PO Box 660694 Daras, TX 75266-0694 Febnaary 1, 2008 Michael T Calaman Account No.: 123574987 35 PARTRIDGE CIR Property Address: CARLISLE, PA 17013-8700 35 Partridge Circle Carlisle, PA 17013 Current Servicer: Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE r home Is din defy Jtn_ and t_thlender intends to foreclose. Specific c_a Is ra sa..r_r notice that the ...ortgene on VINr ?,?^? _ an VIOLA Thr Information aboult the nature of the default is provided In the attached panes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM NHEMAPI may be able to help to save your home. This Notice explains how the program w_orkss. To see H HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. This Notice contains Important legal Information. H you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain It. You may also want to contact an attorney In your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VMENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIbN OBTENGA UNA TRADUCC1 Not INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NOMERO MENCIONADO ARR03A. PUEDE SER ELEGIBLE PARA UN PRtSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Michael T Calaman PROPERTY ADDRESS: 35 Partridge Circle Carlisle. PA 17013 LOAN ACCT. NO.: 123574987 ORIGINAL LENDER: CURRENT LENDERlSERVICER: Countrvwlde Hone Loans Servicing LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS • Make your check payable to Countrywide Hone Loans • Write your account number on your check or money order • Write in ary additional amounts you are Indudng (r total Is more than $5000, please send cenlfied check) • Dont attach your check to the payment coupon • Dort include correspondence • Dort send cash Pluse wne your acaounl number on as chedn and conesp rodanoe We may dhalge you a fee bran/ peymenl Iduned or rapdao by your financial IrolrLLbn, subject to applCaue law. Account Number.123574OU-4 Michael T Calaman Balance Due for charges listed above: $2,483.58 as of 0210112008. 35 Partridge Circle Countrywide PO BOX 660694 Dallas, TX 75266-0694 Pleae updaiee4wi inlomwron on the leweae sided tee coupon. Addtoml Pknapal BLCPA1 Addeor•I Fsaoe aher r Il rrlkl l rlrlrllr llr.llrr.rll.,Irlr lrrll lrrrlrrlrrlrllir kl ci7k Tkfal 123574987400000248358000248358 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NE?tT CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days alter the date of this meeting. The names. addresses and telephone numbers of desianated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is orgy necessary to schedule one face-to-face meeting. Advise you lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision alter it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be noted directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN A STATE OF DEFAULT DUE TO THE REASONS MENTIONED IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 35 Partridge Circle Cadisle, PA 17013 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due Monthly Charges: 1210112007 Late Charges: 1210112007 Other Late Charges Total Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not aoolicable) E-mail use: Providingg yyoouureinail address below will allow us to send you irtonnation an your acoourt Account Number.1Z'6y4M Michael T Calaman E-mail address $2,312.34 $57.08 $114.16 $0.00 ($0.00) $2,483.58 H- w pad 1- p7- AN 411110111111111111 pgarrrda of pbapd ad b6wd ri N ap?Md b tba brat WA*M" MWilind drw, wdna aM.Ya 09M* patdlMd w MMd by kw. If you r Ad a rnou . Ile adsm b ym adiaddad wd* raoml, we WE rplb' ymr pra ill w tokm fib ai- 1 I as ft pgaradr d pdorfpal all bwmK 01 aorow daltdwaiw (p bur drape rid d w Wm* ym owa M omaadm MI yon ko acrd M b aboa tiro auYtadrip pr, i . bal•aa of yorr bm. Pbwa Vs* I ya wad a adillillimN alma WPM b Mn p ilimal , mho trim ~m6laiiiiii• Poll" drde tlarYyAW's poboy b b nd NOW podOW dradW Willa >Ipoa/e1111111? glad bbyaloWroowrarlvrwbdagdwr. HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,483.58, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (301 DAY PERIOD. Payments must be made either by cashiers check certified check or money order made payable and sent to Countrywide at P.O. Box 660694, Dallas, TX 75266.0694. You can cure any other default by taking the followina action within THIRTY (30) DAYS of the date of this letter. (Do not use if not ap)licable) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (301 DAYS of the date of this Notice, the lender Intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth In this notice will restore your mortgage to the same position as H you had never defaulted. EARLIEST POSSE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Countrywide Home Loans Servicing LP Address: P. O. Box 660694 Dallas, TX 75266--0694 Phone Number: 1-,800-669-6654 Fax Number: 1-805-377-3432 Contact Person: MS PTX-36 Attention: Loam Counselor EFFECT OF SHER?F'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property alter the Sheriffs sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE M 2207319241 THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents, Countrywide may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the property is occupied and/or (11) determine the identity of the occupant. if you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security Instrument. If you are unable to cure the default on or before March 2, 2008, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide. Our basic plan requires that Countrywide receive, up front, at least 1/2 of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. • Loan Mod cation: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types. • Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through Countrywide even if your home is worth less than what is owed on it. • Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will need to evaluate whether that assistance will be extended to you. In the meantime, Countrywide will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by March 2, 2008 as outlined above will result in the acceleration of your debt. Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-800.669-6654. L CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Adams County Interfaith CCCS of Western PA Community Action Commissia Housing Authority 2000 Unglestown Road of Captial Region 40 E High Street Harrisburg, PA 17102 1514 Derry Street Gettysburg, PA 17325 888.511.2727 Harrisburg, PA 17104 717.334.1518 717.232.9757 Loveship, Inc. Maranaths PHFA 7320 North 51h Street 43 Philadelphia Avenue 211 North Front Street Harrisburg, PA 17110 Waynesboro, PA 17268 Harrisburg, PA 17110 717.232.2207 717.762.3285 717.780.3940 800.342.2397 (J tc (7) ^a r w 00 '-- - u o - w 77 r"•r { W D -?a =N{ CASE NO: 2008-03738 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS CALAMAN MICHAEL T DENNIS FRY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE CALAMAN MICHAEL T was served upon the DEFENDANT , at 1515:00 HOURS, on the 3rd day of July , 2008 at 35 PARTRIDGE CIRCLE CARLISLE, PA 17013 MICHAEL T CALAMAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge //S/oF C);,, 18.00 5.00 .00 10.00 00 33 . 00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 07/08/2008 GOLDBECK MCCAFFERTY MCKEEVER By: D e p u t Sh ff A.D. n t • ? y GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. MICHAEL T. CALAMAN (Mortgagor(s) and Record Owner(s)) 35 Partridge Circle Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-3738 PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PLAINTIFF UNDER Pa.R.C.P. 2352 TO THE PROTHONOTARY: Kindly file of record the Praecipe of COUNTRYWIDE HOME LOANS, INC. for Voluntary Substitution under Pa.R.C.P. 2352 and attached Statement of Material Facts in Support of Voluntary Substitution, Verification, Certification of Service. The address for the Plaintiff is 7105 Corporate Drive PTX C-35, Plano, TX 75024. '114 MICHAEL T. MCKEEVER, SQUIRE J Ar ? GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE MICHAEL T. CALAMAN (Mortgagor(s) and Record Owner(s)) 35 Partridge Circle Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW No. 08-3738 Defendant(s) STATEMENT OF MATERIAL FACTS IN SUPPORT OF VOLUNTARY SUBSITTUTION UNDER Pa.R.C.P. 2352 COUNTRYWIDE HOME LOANS, INC., by counsel, hereby voluntarily substitutes itself as Plaintiff in the above-captioned matter and in support thereof represents as follows: The above-captioned action is one in mortgage foreclosure regarding the premises as noted in the caption. 2. The subject of the above-captioned action is a first mortgage on said premises recorded at Mortgage Book 1939, Page 1559 in the Office of the Recorder of Deeds for this County. 3. The original Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER. 4. COUNTRYWIDE HOME LOANS, INC. is the successor in interest to the Plaintiff by Assignment lodged for recording in the Office of the Department of Records and is hereby voluntarily substituted as Plaintiff in the above-captioned matter. Respectfully submitted, f MICHAE T. CKEEVER, ESQUIRE tom, ??. Defendant(s) CERTIFICATE OF SERVICE CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-3738 Michael T. McKeever, Esquire, hereby certifies that he did serve true and correct copies GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX C-35 Plano, TX 75024 VS. Plaintiff MICHAEL T. CALAMAN (Mortgagor(s) and Record Owner(s)) 35 Partridge Circle Carlisle, PA 17013 of Praecipe for Voluntary Substitution and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on July 23, 2008. MICHAEL T. CALAMAN 35 Partridge Circle Carlisle, PA 17013 Michael T. McKeever, Esq. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY C-) 00 FT F77 In the Court of Common Pleas of Cumberland County COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. MICHAEL T. CALAMAN (Mortgagor(s) and Record Owner(s)) 35 Partridge Circle Carlisle, PA 17013 Plaintiff Defendant(s) PRAECIPE FOR JUDGMENT No. 08-3738 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against MICHAEL T. CALAMAN by default for want of an Answer. Assess damages as follows: Debt Interest from 08/0812008 to Date of Sale per diem at $15.92 Total (Assessment of Damages attached) $95,423.62 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Michael T. McKeever Attorney for Plaintiff I.D. #56129 AND NOW Judgment is entered in favor of COUNTRYWIDE HOME L ANS, INC. and against MICHAEL T. CALAMAN by default for want of an Answer and damages assessed in the sum of $95,423.62 as per the above certification. P othonotary U Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. MICHAEL T. CALAMAN (Mortgagors and Record Owner(s)) 35 Partridge Circle Carlisle, PA 17013 Defendant(s) No. 08-3738 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 A 67745FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: July 24, 2008 TO: MICHAEL T. CALAMAN 35 Partridge Circle Carlisle, PA 17013 COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. MICHAEL T. CALAMAN (Mortgagor(s) and Record Owner(s)) 35 Partridge Circle Carlisle, PA 17013 Plaintiff Defendant(s) TO: MICHAEL T. CALAMAN 35 Partridge Circle Carlisle, PA 17013 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-3738 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. That the above named Defendant, MICHAEL T. CALAMAN, is about unknown years of age, that Defendant's last known residence is 35 Partridge Circle Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is 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 Action of Congress of 1940 and its Amendments. Date: e)?-II oe) UM i A GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. MICHAEL T. CALAMAN (Mortgagor(s) and Record owner(s)) 35 Partridge Circle Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 08-3738 ORDER FOR JUDGMENT Please enter Judgment in favor of COUNTRYWIDE HOME LOANS, INC., and against MICHAEL T. CALAMAN for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $95,423.62. u kkjc?j Michael T. McKeever Attorney for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 and that the name(s) and last known address(es) of the Defendant(s) is/are MICHAEL T. CALAMAN, 35 Partridge Circle Carlisle, PA 17013; - ULDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $86,115.66 Interest from 01/01/2008 through $3,502.39 08/07/2008 Reasonable Attorney's Fee $4,305.78 Late Charges $199.77 Costs of Suit and Title Search $900.00 Escrow Payments Due 2 X $200.01 $400.02 $95,423.62 GOLDBECK McC FFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff AND NOW, this 1 ?4L"., day of )94p ? , 2008 damages are assessed as above. r Prothy 4 F PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. MICHAEL T. CALAMAN Mortgagor(s) and Record Owner(s) 35 Partridge Circle Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-3738 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 08/08/2008 to Date of Sale per diem at $15.92 (Costs to be added) $95,423.62 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff O-V v d W ? U Uw ?„? Yo 'o 8 W cn W 7 H r o F• Q ? ? a" ? O c sa °o 3 UtonMU W o? Oo W ?LA U U z a ?a LUC -lz CL ? .4 W 1 ? M gat ? ? ? ` ? .. ?? ••"(( _ 4 v ;3 o O ? ? cry.. ?'' v r.?. CYl/ U ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Township of North Middleton, Cumberland County, Pennsylvania, bounded and described, as follows: BEGINNING at a point on the northern right of way line of Partridge Circle at the southwest corner of Lot No. 3-C; thence along said right of way line of North 59 degrees 24 minutes 23 seconds West 18.00 feet to a point being the southeast corner of Lot 30A; thence along Lot No. 3-A and partly through a partition wall and through a 10 feet emergency easement and through a 40 feet pipeline easement and through a 50 feet pipeline easement North 30 degrees 35 minutes 37 seconds East 242.96 feet to a point at line of lands now or formerly of George Shatto and Susan Burger, Deed Book 31-0, Page 568; thence along said lands South 86 degrees 55 minutes 58 seconds East 18.16 feet to a point being the northwest corner of Lot No. 3-C; thence along Lot No. 3-C and partly through a partition wall and through said 10 feet easement and through said 40 feet easement and through said 50 feet easement South 30 degrees 35 minutes 37 seconds West 245.33 feet to a point, being the place of BEGINNING. CONTAINING 4,395 square feet, more or less. HAVING thereon erected a two story dwelling known and numbered as 35 Partridge Circle, Carlisle, PA 17013, BEING LOT NO. 3-B on the Final Re-Subdivision Plan for Middleton Estates, prepares by R.J. Fisher & Associates, inc., and recorded in Cumberland County in Plan Book 69, Page 48. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. TAX Parcel # 29-15-1252-047 MUNICIPALITY: TOWNSHIP OF NORTH MIDDLETOWN WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3738 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOMES LOANS, INC., Plaintiff (s) From MICHAEL T. CALAMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $95,423.62 L.L. $.50 Interest FROM 8/8/08 TO DATE OF SALE PER DIEM AT $15.92 Atty's Comm % Arty Paid $160.00 Plaintiff Paid Date: AUGUST 8, 2008 (Seal) Due Prothy $2.00 Other Costs C s R. Long, Prothonotary B: Deputy REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQ. Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 . 04 Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 IN THE COURT OF COMMON PLEAS Plaintiff vs. MICHAEL T. CALAMAN (Mortgagor(s) and Record Owner(s)) 35 Partridge Circle Carlisle, PA 17013 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-3738 AFFIDAVIT PURSUANT TO RULE 3129 COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 35 Partridge Circle Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): MICHAEL T. CALAMAN 35 Partridge Circle Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: MICHAEL T. CALAMAN 35 Partridge Circle Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: I*# AMERICA'S WHOLESALE LENDER 4500 Park Granada, MSN #SVB-314 Calabasas, CA 91302 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 35 Partridge Circle Carlisle, PA 17013 (attach separate sheet if more space is needed) 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. Section 4904 relating to unworn falsification to authorities. DATED: August 7 2008 ? &'q ? V ? W GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff -° cz? G cz, to GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff 08-3738 COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. MICHAEL T. CALAMAN Mortgagor(s) and Record Owner(s) 35 Partridge Circle Carlisle, PA 17013 Defendant(s,' Term No. 08-3738 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CALAMAN, MICHAEL T. MICHAEL T. CALAMAN 35 Partridge Circle Carlisle, PA 17013 Your house at 35 Partridge Circle, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $95,423.62 obtained by COUNTRYWIDE HOME LOANS, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to COUNTRYWIDE HOME LOANS, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 08-3738 3. You may also be able to stop the sale through other legal proceedings 4. 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 below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 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 a 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 filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ! V 08-3738 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionngoldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 67745FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. C c^" „ . 4? ?F ( !"T? , am ? >.. ..?. ". C ¢'? +_. ,'? Countrywide Home Loans, Inc. VS Michael T. Calaman In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-3738 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Michael McKeever. Sheriff s Costs: Docketing 30.00 Poundage 15.42 Law Library .50 Prothonotary 2.00 Mileage 5.00 Levy 15.00 Surcharge 20.00 $ 87.92 So Answers: R. Thomas Kline, Sheriff BYJ6 Real Estate ergeant CA) ck t?JA n .2 Jylvf 1* Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. MICHAEL T. CALAMAN (Mortgagor(s) and Record Owner(s)) 35 Partridge Circle Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-3738 AFFIDAVIT PURSUANT TO RULE 3129 COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 35 Partridge Circle Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): MICHAEL T. CALAMAN 35 Partridge Circle Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: MICHAEL T. CALAMAN 35 Partridge Circle Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 4 AMERICA'S WHOLESALE LENDER 4500 Park Granada, MSN #SVB-314 Calabasas, CA 91302 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 35 Partridge Circle Carlisle, PA 17013 (attach separate sheet if more space is needed) 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. Section 4904 relating to unworn falsification to authorities. DATED: August 7, 200$ GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff .s 08-3738 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. MICHAEL T. CALAMAN Mortgagor(s) and Record Owner(s) 35 Partridge Circle Carlisle, PA 17013 Defendant(s,' Term No. 08-3738 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CALAMAN, MICHAEL T. MICHAEL T. CALAMAN 35 Partridge Circle Carlisle, PA 17013 Your house at 35 Partridge Circle, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $95,423.62 obtained by COUNTRYWIDE HOME LOANS, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to COUNTRYWIDE HOME LOANS, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 08-3738 3. You may also be able to stop the sale through other legal proceedings. 4. 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 below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT 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 price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 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 a 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 filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 08-3738 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/conswners/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 67745FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Township of North Middleton, Cumberland County, Pennsylvania, bounded and described, as follows: BEGINNING at a point on the northern right of way line of Partridge Circle at the southwest corner of Lot No. 3-C; thence along said right of way line of North 59 degrees 24 minutes 23 seconds West 18.00 feet to a point being the southeast corner of Lot 30A; thence along Lot No. 3-A and partly through a partition wall and through a 10 feet emergency easement and through a 40 feet pipeline easement and through a 50 feet pipeline easement North 30 degrees 35 minutes 37 seconds East 242.96 feet to a point at line of lands now or formerly of George Shatto and Susan Burger, Deed Book 31-0, Page 568; thence along said lands South 86 degrees 55 minutes 58 seconds East 18.16 feet to a point being the northwest corner of Lot No. 3-C; thence along Lot No. 3-C and partly through a partition wall and through said 10 feet easement and through said 40 feet easement and through said 50 feet easement South 30 degrees 35 minutes 37 seconds West 245.33 feet to a point, being the place of BEGINNING. CONTAINING 4,395 square feet, more or less. HAVING thereon erected a two story dwelling known and numbered as 35 Partridge Circle, Carlisle, PA 17013, BEING LOT NO. 3-B on the Final Re-Subdivision Plan for Middleton Estates, prepares by R.J. Fisher & Associates, inc., and recorded in Cumberland County in Plan Book 69, Page 48. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. TAX Parcel # 29-15-1252-047 MUNICIPALITY: TOWNSHIP OF NORTH MIDDLETOWN WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-3738 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOMES LOANS, INC., Plaintiff (s) From MICHAEL T. CALAMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $95,423.62 L.L. $.50 Interest FROM 8/8/08 TO DATE OF SALE PER DIEM AT $15.92 Atty's Comm % Due Prothy $2.00 Atty Paid $160.00 Other Costs Plaintiff Paid Date: AUGUST 8, 2008 (Seal) REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQ. Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 - -r --? Supreme Court ID No. 56129 Real Estate Sale #54 On August 28, 2008 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 35 Partridge Circle, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 28, 2008 By: \IJ Re4Este Sergeant GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attornev for Plaintiff COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. MICHAEL T. CALAMAN 35 Partridge Circle Carlisle, PA 17013 Defendant PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: No. 08-3738 Kindly vacate the judgment upon payment of your costs only. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY '0ww1J-A&"- MICHAEL T. MCKEEVER, ESQUIRE c? mow` ?a c` d '° ". '*? =? ?? ?m _ --j ;? ?, -? -- ;? ^* .- GOLDBECK McCAFFERTY & McKEEVER ATTORNEY FOR PLAINTIFF BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. MICHAEL T. CALAMAN 35 Partridge Circle Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-3738 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. 40ww, wubA& Michael T. McKeever, Esquire Attorney for Plaintiff ? -lip a ?i