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Home My WebLink About08-49764 GOLDBECK 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 COUNTRYWIDE HOME LOANS 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff Vs. ROY L. KIRK ARETIA B. KIRK A/K/A ARIETA B. KIRK Mortgagors and Real Owners 220 Skyline Drive Mechanicsburg, PA 17050 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 08 - 074 N. FOREC?OSU MORTGAGE SURE 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 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. bvil 'F,rM 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 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: or 717- 243-9400. 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 htti)://www.Dhfa.Or-e/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 1-866413-2311 or via email at homeretentionna Qoldbecklaw 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 6395217C. 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 COUNTRYWIDE HOME LOANS, 7105 Corporate Drive, PTX C-35 Plano, TX 75024. 2. The names and addresses of the Defendants are ROY L. KIRK, 220 Skyline Drive, Mechanicsburg, PA 17050 and ARETIA B. KIRK A/K/A ARIETA B. KIRK, 220 Skyline Drive, Mechanicsburg, PA 17050, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On June 08, 2007 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. DBA AMERICA'S WHOLESALE LENDER, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1996, Page 1022. The mortgage has been assigned to: COUNTRYWIDE HOME LOANS by assignment of Mortgage May 09, 2008 as-Instrument # 200815312. 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 November 01, 2007 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 ..................................................................................$271,310.51 Interest from 10/01/2007 through 07/31/2008 at 6.8750% .....................$15,585.50 Per Diem interest rate at $51.10 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...... Late Charges from 11/01/2007 to 07/31/2008 ............................. Monthly late charge amount at $89.34 Costs of suit and Title Search ............................ ...........$13,565.53 ................ $ 804.06 $900.00 ...................................... Monthly Escrow amount $349.38 $302,165.60 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 Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have 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 Defendants 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 date of the postmark on the Notice was the same as the date of the Notice. The Defendants had the required face to face meeting within the required time and Plaintiff has been advised that the Defendants filed an application for mortgage assistance with the Pennsylvania Housing Finance Agency, the Plaintiff has been advised by the Pennsylvania Housing Finance Agency that the Defendants' application has been rejected. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $302,165.60, together with interest at the rate of $51.10, 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 Sheriff's Sale of the Property. By: / V-" Cgj/ /- //l GOL?BECK McCAFFERTY & M4 BY: MICHAEL T. MCKEEVER., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION M. "M hI8,1stwePreswenl , 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: e?z C6? 61 M. WV Wchle, ist Vice derrt 220 Skyline Drive Mechanicsburg, PA 17050 - ROY L. KIRK and ARETIA B. KIRK AWA ARIETA B. KIRK ExhibitA 13at1.lirit "A" - L A Dar k" For File: 1346355 All t* omtrin 100f piece of mods" in 8re Tova?ehip of Sitvot Wing' Lot 35 padodaiydawbol so of PmnsylvMie, OM Cova1y of Cmobeda+d. p1w of Rich VWWY MUM. pbm IL pWoW by Holm=11 - afA aad rrooakd in ft O.t6oeof *a Rac lft of DwNft in mtd for Cuubwimad may. deaoelbed m fbik>N?a, paenaylv0do, in Pion Book 64, PW 11, more p Y bounded W to v*: Bq&Mft ad o point, add point being loomd on the Nordwm Ri41+t of Way HM of WHO Drava (a 60' Rte at the common fi o u pmp wW cotuar of Lob No. 34 and 35 of Riot VaIlOY Mater, Phw ii; ih Was Lot Na. 34 NoAh 34919W Wed, a adwioe of 375.75 feet to a point at Lot No. 33 of R3ah VIft Mum, Pbm ]% th"o P awi LxNo• 32. NOS 55°53' gs? a dishanoe Of 106.62 fact W a point as lard now or lasa of The COP. of the Praaidirt4 Biabhop bop of Latter Do3? NOW; theme sic" aid had now or Mee of The Cofp. Of ft Pt+edt "'I of L aW Day SoiuM Soidh 07 IW Beat, a dis= of 333.45 feet to a point oo do Nathafa ti4hht of vrgl UM of Skyline Ddv. these 31014 the Nw t m dpt of vah? line of gky6se Drive, South ?',?30" Waet, a &gMoe of 160.00 foot to a p&% aid point beaus the ph= of Bader god abjac4 neverdWeS4 10 the SPIC&C CaUln conditiow ad r ow a act fank in the Dealm fan of Rae"vt Coved w OPPag of wooed in the Olli a of the Rmotder of Deeds in eld for C w"dand Cotmty. Pamaylvwo, in moo. Book 413, PW i L Being the same praPartY oonveYe:d try fty L. Kirk and Ards, B. Kirk, rooorded in Book 263, Page 4166. Pavel No: 36.0740461-060 Commonly la? as: 220 Syklioe Dr„ Mechmi *w& PA 17050 I Certify this 10 6` 1t.::Ulu?d RKI996PG1041 E.rihibit B MOM LOANS P.O. Banc 9048 Temewle, CA 92589-9048 Send P"nls To: PO BOX 660694 Bolas, TX 752684D694 Send Cornepondenw do: PO Box 5170, MS M140 Siml Valley, CA 9"5 111111111 2206721696 Roy L Kirk 220 SKYLINE DR MECHANICSBURG, PA 17050-1754 000102•BLQPAl PRESORT First-Glees Mall U.S. PmMQGand Fees Paid WSO me HOM LOANS P.O. Box 660694 Dallas. TX 75266-0694 Roy L Kirk 220 SKYLINE DR MECHANICSBURG, PA 17050-1754 Send Payments to. PO Box 660694 Dallas, TX 75266-0694 January 2, 2008 Account No.: 170276259 Property Address: 220 Skyline Dr Mechanicsburg, PA 17050 Current Servicer: Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an otAdal ndlce that the mortaaae on vow home Is In dstala and the lender Intends to toredose Swdflc Inlormadm about tuns nature of the defame Is Rtovided In the attached mm The HOIYEOYMItER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able to hob to save your home. This Nod" w ohira how the oroaram waft, To see N HEMAP can halo, you must MEET WITH A GONSIMER CREDIT MWELING AGENCY WITHIN 30 DAYS OF THE DATE OF THS NOTICE. Take Ihb Native with you whom you most whh the Counss0na Ate. This Nodes contains Important kqW Information. H you have any questions, representatives at the Consumer Craft Counseling Agency may be able to help explain k. You may also want to contact an attorney in your area. The local bar association may be We to help you And a lawyer. LA NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCiA, PLIES AFECTA SU DERECHO A CON7INUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENA)O DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NOMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRI-`_STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDMIR SU HPOTECA HOMEOWNER'S NAME(S): Roy L Kirk PROPERTY ADDRESS: 220 Skyline Dr Msdeanlasbura. PA 17050 LOAN ACCT. NO.: 170276259 ORIGINAL LENDER: CURRENT LENDER/SERVICER: Countrywide Home Loam SwWdna LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY t3E MBL FOR FINANCIAL ASSISTANCE WHICH CAN AV YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS _ ? L r??IwGn1? ftm was you account no" on as OwItt and wmasporclm va mote dago you a be for any payegm rourno or reload W you aranclo Irbtnkaorl, eu4W to appNgblo law. Aocount Number 1702X2*0 • Male your check to CwnrytMde hbme La Roy L Kirk Balance Due for charges listed above: $6,662.94 as of 01/022008. be • N 4ieayou a lxxuta run b r on 220 Skyline Dr yaw check or money order • WrbIn addtlon l t Pkaee updak •mki:d"a•tim a eke r•wne tided nc coups. a amoun s you am kg (r total is th 500 Addlfowt more an $ 0, please send mWW deck) aLOPA1 Pricgel • Dent attach your check to the NI D • Donut l ude o? wpondence SON • Dontsend cash Countrywide PO BOX 660694 oy e Dallas, TX 7526840694 r Il l?l?lkrrl loll k,ll??ll??„Il kl lr rlrrll?l???lrrlkkl lllrrri ?,?? cbect; Tohul 170276259000000656294000656294 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1988 (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 BE14G ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OFFORECLOSURE - 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 NEXT THIRTY 1301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MQRTQ3 GE ASSISTANCE YOU MUST-BRING YOUR MORTGAGE UP TO DATE- THE PART OF THIS NOTICE CALLED -HOW TO QUIRE YOUR MORTGAGE DFEAr r T- EXPL AINS HOW TO BRING YOUR MORTGAGE UP TO DATE. 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 after the date of this meeting. The names. immediately of your is orgy necessary to schedule one face-to-face meeting. Advise your APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set Torth later in this Notice (see following pages for specific information about the nature of your default.) I you have Ivied and are unable to resolve this problem with the lender, you have the right to apply for inancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must ii out, sign and lie 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 sled or postmarked within thirty (30) days of your face4o4ace 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 HONE 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 after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF 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. (ff 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 TENS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT - The MORTGAG E debt held by the above lender on your property located at: 220 Skyline Dr Mechanicsburg, PA 17050 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 C3haraes: 11/01/2007 Late Charaes: 1110112007 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-mall use ProAdirig our e-mail address below will allow us to send you Infamatlon on your a=urt Accourt Number. Ray L brk E-mail address $6,408.69 $178.68 $0.00 $0.00 ($24.43) $6,562.94 HIM ro Ped tM P*Mk N noWel Pw mb of Pwo trod hkad Willi of "M b M Iped oMttuiq labbuott du, win dtrrwbe opw* PdON er son y br. r feu wAN m taroad b aallao Is yar eduedoiM Naft gamut ara hi @P* your P*W6 ao blahs A b arimift No" P*-ft Of Pb*d DIM Braun (A wear do, , . w bb "" acct dw OwAb yon are b womeir M Per boa sail M b N*m to wdo oft pYuMel hall d Per ben. Plein q** If yw wed all add bad MWA am b Mn PNaMt- now but PdaOd Ndeaia? Pdelillal dnotr l WAfteldal poy It b ad was P dow drr4u Wh a *Wk* 1"al bbyabeawradrrerbMdrr. HOW TO CURE THE DEFAULT - You may cure the default within M41M 001 DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,562.84, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY 1301 DAY PERIOD. Payments must be made either by cashier's check. certified check or money order made oavable and sent to: Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not awlicablel 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 fie entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. 9 full payment of the total amount past due is riot made within THIRTY (301 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 you 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 adomey's fees actually insured 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. K you cure the defauk within the THIRTY 1361 DAY perlod, 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 sued 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 Sherffl's Sale. You may do so by paying the total mount then past due, plus any Lite or other charges then due, reasonable adomey'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 If you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - it is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately six (6) months from the data of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of cause, the amount needed to cue the default will increase the larger 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. Countryw lde Home Loans Servicing LP Address: A O. Box 660694 Dallas, TX 73266-0694 Phone Number 14MO-669-6654 Fax Number. 1-003-377-3432 Contact Person: MS PTX 36 Attention: Loan Counselor EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs sale, a lawsuit to remove you and your Axnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your hone to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's 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 RN 2ED6721696 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 (t) observe the physical condition of your property, (ii) verify that the property is occupied and/or (g) 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•dewAtied krspections arrd property preservation w1forts will be charged to your account as provided in your security Instrument. If you are unable to axe the default on or before February 1, 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 'A 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 Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the ban 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 wash less than what is owed on A. e Deedin-Lieu: Or, If your property is free from other hens 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 barn docu mertts 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 February 1, 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Acorn Housing 14 S 13th Street Adams County Interfaith CCCS of Western PA . Harrisburg, PA 17104 Housing Authority 40 E High Street 2000 Linglestown Rued 717.213.0150 Gettysburg, PA 17325 Harrisburg, PA 17102 888.511.2227 717.334.1518 Community Action Commission Loveship, Inc, Maranathe of Captial Region 1514 Derry Street 2320 North 5th Street Harrisburg PA 17110 43 PMladeiphia Avenue Harrisburg, PA 17104 , 717.232.2207 Waynesboro, PA 17268 717 762 3285 717.232.9757 . . PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 ACT 91 NOTICE DATE OF NOTICE: March 14, 2008 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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. This is an official notice that the mortgage on your home is in-default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP may be able to help to save your home This Notice explains how the program works To see if 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. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 HomeRetention@goldbecklaw.com 1 Date: March 14, 2008 TO: ARETIA B. KIRK A/K/A ARIETA B. KIRK Homeowners Name: ROY L. KIRK and ARETIA B. KIRK A/K/A ARIETA B. KIRK Property Address: 220 Skyline Drive, Mechanicsburg, PA 17050 Loan Account No.: 170276259 Original Lender: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. DBA AMERICA'S WHOLESALE LENDER Current Lender/Servicer: COUNTRYWIDE HOME LOANS INC. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF 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 designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. 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 after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your 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 fact-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 after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF 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 tiled bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it u to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 220 Skyline Drive, Mechanicsburg, PA 17050 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 11/01/2007 thru 311412008 (5 mos. at $2,136.23/month) $10,681.15 (b) Late charges from 11/01/2007 thru 3/14/2008 (5 mos. at $89.34/month) $446.70 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $11,127.85 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 11 127.85, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: Attention: Act Letter Department COUNTRYWIDE HOME LOANS INC. c/o Goldbeck McCafferty & McKeever 701 Market Street Suite 5000 Philadelphia, PA 19106 HomeRetention@goldbecklaw.com 866-413-2311 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortga a 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 brings 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 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 Sheriffs Sale You may do so by paving 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 asspecified in written b the lender and b erformin any r uirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4 to 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 by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: COUNTRYWIDE HOME LOANS, INC. Address: 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Phone Number: 800-669-4576 Work Out Department: 800-669-0102, 877-744-7691, 800-222-9944 Fax Number: 215-825-6441 Contact Person: HomeRetention@goldbecklaw.com EFFECT OF SHERIFF'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 after 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 attorney's 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 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. Contact: HomeRetention@goldbecklaw.com Phone Number. 800-669-4576 Work Out Department: 800-669-0102, 877-744-7691, 800-222-9944 C? U ? sip "' ril 'Q b C . , SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04976 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS VS KIRK ROY L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KIRK ROY L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT KIRK ROY L 220 SKYLINE DRIVE MECHANICSBURG, PA 17050 DEFENDANTS MOVED TO FLORIDA. GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing / 18.00 Service 114/01 10.00 Not Found 5.00 Surcharge 10.00 .00 43.00 So answer R. Thomas K4 6e Sheriff of Cumberl nd County GOLDBECK MCCAFFERTY MCKEEVER 08/26/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04976 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS VS KIRK ROY L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KIRK ARETIA B A/K/A KIRK ARIETA B but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT A KIRK ARIETA B , 220 SKYLINE DRIVE KIRK ARETIA B NOT FOUND , as to MECHANICSBURG, PA 17050 DEFENDANTS MOVED TO FLORIDA. GIVEN ADDRESS IS VACANT. Sheriff's Costs: ? Docketing Service Not Found 00 Surcharge So answers : _ 6 . 0 0 .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 GOLDBECK MCCAFFERTY MCKEEVER 08/26/2008 Sworn and Subscribed to before me this day of A. D. 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 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-4976 By. qw1u('P?-AkAk GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. ROY L. KIRK ARETIA B. KIRK A/K/A ARIETA B. KIRK 220 Skyline Drive Mechanicsburg, PA 17050 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. O G "A G ? tis 1 :17 -ID i IN) .. a.a ..yam SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-04976 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS VS KIRK ROY L ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: KIRK ROY L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , KIRK ROY L 220 SKYLINE DRIVE NOT SERVED , as to MECHANICSBURG, PA 17050 SERVICE STOPPED, PER FAX FROM ATTORNEY. Sheriff's Costs: Docketing 18.00 Service 10.00 Affidavit .00 Surcharge 10.00 00 lr?l??Ivg- ? 38.00 So answers: _-T R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 10/21/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-04976 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS VS KIRK ROY L ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: KIRK ARETIA B A/K/A KIRK ARIETA B but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , KIRK ARETIA B NOT SERVED , as to A/K/A KIRK ARIETA B 220 SKYLINE DRIVE MECHANICSBURG, PA 17050 SERVICE STOPPED, PER FAX FROM ATTORNEY. Sheriff's Costs: So answers: '/.' ?.. Docketing 6.00 Service .00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County _ n j°/0Z o8. ?.00 GOLDBECK MCCAFFERTY MCKEEVER 10/21/2008 Sworn and Subscribed to before me this day of , A. D. 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 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-4976 By: ?2c1 GOLDBECK McCAFFERTY & MCKEEVER MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. ROY L. KIRK ARETIA B. KIRK A/K/A ARIETA B. KIRK 220 Skyline Drive Mechanicsburg, PA 17050 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. 2009 SEA' 24 Ali 11: 33 U pi Pry 39?5ya 36 Sheriffs Office of Cumberland County FILED--?:rRCE R Thomas Kline OF THE PR-J C';41C)7AHY Sheriff Ronny R Anderson Z??? ?L? -5 Ari 11: 0 3 Chief Deputy Jody S Smith CVhh i = r iV1? Civil Process Sergeant PENIUS Y1YAN Edward L Schorpp Solicitor Countrywide Home Loans, Inc. Case Number vs. 2008-4976 Roy L. Kirk SHERIFF'S RETURN OF SERVICE 10/01/2009 03:22 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 1, 2009 at 1522 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Roy L. Kirk, by making known unto Ian and Suzanen Talbot, Occupants at 220 Skyline Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to them personally the said true and correct copy of the same. 10/01/2009 03:22 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 1, 2009 at 1522 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Arieta B. Kirk, by making known unto Ian and Suzanen Talbot, Occupants at 220 Skyline Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to them personally the said true and correct copy of the same. SHERIFF COST: $53.00 SO ANSWERS, October 02, 2009 R THOMAS KLINE, SHERIFF - (fl? By- ._ Deputy Sheriff 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 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE vs. ROY L. KIRK ARETIA B. KIRK A/K/A ARIETA B. KUM 220 Skyline Drive Mechanicsburg, PA 17050 Defendant(s) Term No. 08-4976-civil PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. By: GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF RLED-O! -i:fCL OF THE PPOTPONOTARY 2009 OCT 29 Aid 11: 52 CUM rc: ??","UN1Y PDJNSYLVAWl $lo. oo?'rt-f o2'Sc1'?3`I R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland County P' ^ ^ - OF 7-",: Apy 4,011,11, r Countrywide Home Loans, Inc. vs. Roy L. Kirk Case Number 2008-4976 SHERIFF'S RETURN OF SERVICE 10/29/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Roy L. Kirk, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Roy L. Kirk. Request for service at 275 Cumberland Parkway Plaza Mechanicsburg, PA 17055 is where the defendant has a mailbox that is maintained by the UPS Store. Management informed Deputy's Roy L. Kirk is currently out of the country. An exact address is not available. 10/29/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Arieta B. Kirk, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Arieta B. Kirk. Request for service at 275 Cumberland Parkway Plaza Mechanicsburg, PA 17055 is where the defendant has a mailbox that is maintained by the UPS Store. Management informed Deputy's Arieta B. Kirk is currently out of the country. An exact address is not available. SHERIFF COST: $54.00 October 29, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff COUNTRYWIDE HOME LOANS 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. ROY L. KIRK and ARETIA B. KIRK A/K/A ARIETA B. KIRK 220 Skyline Drive Mechanicsburg, PA 17050 OF Cumberland COUNTY No. 08-4976-civil 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. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, in support of its Motion for Substituted Service, represents as follows: Plaintiff is the holder of a first mortgage upon the premises 220 Skyline Drive, Mechanicsburg, PA, 17050, hereinafter, the "mortgaged premises". 2. Defendants, ROY L. KIRK and ARETIA B. KIRK A/K/A ARIETA B. KIRK, are the mortgagors and real owners of the mortgaged premises. 3. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), I, David Fein, Esquire, hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the Defendants have obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendants to request their concurrence. IN THE COURT OF COMMON PLEAS 4. The last known address of Defendants, ROY L. KIRK and ARETIA B. KIRK A/K/A ARIETA B. KIRK, is 275 Cumberland Parkway Plaza, Mechanicsburg, PA 17055 as set forth in Paragraph 2 of the Complaint. 5. The Sheriff has been unable to effect service of the Complaint upon Defendants, ROY L. KIRK and ARETIA B. KIRK A/K/A ARIETA B. KIRK, at their last known address after numerous attempts. As per the Sheriff, service was attempted at 220 Skyline Drive, Mechanicsburg, PA, 17050 but the property was discovered to be tenant occupied. Service was also attempted at 275 Cumberland Parkway Plaza, Mechanicsburg, PA 17055 but the address was discovered to be a mailbox maintained by a UPS store. 6. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendants ROY L. KIRK and ARETIA B. KIRK A/K/A ARIETA B. KIRK. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendants, ROY L. KIRK and ARETIA B. KIRK A/K/A ARIETA B. KIRK, by posting the premises and certified and regular mail to the Defendants' last known address. Respectfully submitted, l c!L,, David B. Fein, Esq. ProVest, LLC Affidavit of Good Faith Investigation Mot provided information: File Number: 63952FC Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Subject Name: Roy L. Kirk Property Address: Street: 220 Skyline Drive City: Mechanicsburg State: PA Zip 17050 Slip Results: Date of Birth: None Found ProVest File Number: 1936631 Last Known Dates: As of 9/22/2009 Street: 220 Skyline Drive Phone: City: Mechanicsburg State: PA Zip: 17050 Death Records: As of 9/22/2009, the Social Security Administration has no death record on file for Roy L. Kirk. Social Security Number Search Completed. Employment Search: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for Roy L. Kirk as 220 Skyline Drive, Mechanicsburg, PA 17050. DeparbTwd of Motor The Pennsylvania Department of Motor Vehicles provided no change for Roy L. Kirk from 220 Vehicle Records: Skyline Drive, Mechanicsburg, PA 17050. Public Licenses (Pilot, Search performed provided no information. Real Estate, etc): Voter Registration The County Voters Registration Office has no listing for Roy L. Kirk. Information: National Postal Has no change for Roy L. Kirk from 220 Skyline Drive, Mechanicsburg, PA 17050. Address Search: Military Search: There was no active military status found. Comments: 717-691-5411: Number listed to Roy Kirk at 220 Skyline Drive, Mechanicsburg, PA 17050, there was no answer. 717-766-8577: Called possible neighbor, Karl Koons, there was no answer. 717-795-9754: Called possible neighbor, Rochelle Harbick, there was no answer. 717-691-1791: Called possible neighbor, M. Homing, there was no answer. On 9/22/2009, I, Patti Garrett being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. Affiant :P ' Garrett Subscabed Ar}d 5wKxxi t me, miatcxy Public Date: 9/22/2009 4YtilttlR iJilti?ilN IIiY a01i?i Dli?RE5 Nlnlanbr2d? ffitt ProVest, LLC Affidavit of Good Faith Investigation Client provided information: File Number: 63952FC Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Subject Name: Aretia B. Kirk a/k/a Arieta B. Kirk Property Address: Street: 220 Skyline Drive City: Mechanicsburg State: PA Zip 17050 Skip Results: Date of Birth: None Found ProVest File Number: 1936631 Last Known Dates: As of 9/22/2009 Street: 220 Skyline Drive Phone: City: Mechanicsburg State: PA Zip: 17050 Death Records: As of 9/22/2009, the Social Security Administration has no death record on file for Aretia B. Kirk a/k/a Arieta B. Kirk. Social Security Number Search Completed. Employment Search: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for Aretia B. Kirk a/k/a Arieta B. Kirk as 220 Skyline Drive, Mechanicsburg, PA 17050. Department of Motor The Pennsylvania Department of Motor Vehicles provided no change for Aretia B. Kirk a/k/a Vehicle Records: Arieta B. Kirk from 220 Skyline Drive, Mechanicsburg, PA 17050. Public Licenses (Pilot, Search performed provided no information. Real Estate, etc): Voter Registration The County Voters Registration Office has no listing for Aretia B. Kirk a/k/a Arieta B. Kirk. Information: National Postal Has no change for Aretia B. Kirk a/k/a Areeta B. Kirk from 220 Skyline Drive, Mechanicsburg, PA Address Search: 17050. Military Search: There was no active military status found. Comments: 717-691-5411: Number listed to Roy Kirk at 220 Skyline Drive, Mechanicsburg, PA 17050, there was no answer. 717-766-8577: Called possible neighbor, Karl Koons, there was no answer. 717-795-9754: Called possible neighbor, Rochelle Harbick, there was no answer. 717-691-1791: Called possible neighbor, M. Homing, there was no answer. On 9/22/2009, 1, Patti Garrett being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. Svt>sc?nbed A sworn to y1ore me. A '0 Ae V7 C??I 1 (1, ) Affiant Gait Wutmy =ubsfrc: Date: 9/2212009 lammum" = WYCOMMOMMEXPROI Morel?rfl4 ?i1 Sheriffs Office of Cumberland County R Thomas Kline Sheri tW of wnGrr Ronny R Anderson ?O ? Chief Deputy ' Y' Jody S Smith Civil Process Sergeant QFFicE OF Tr;: SHERIFF Edward L Schorpp Solicitor Countrywide Home Loans, Inc. vs. Roy L. Kirk Case Number 2008-4976 SHERIFF'S RETURN OF SERVICE 10/01/2009 03:22 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 1, 2009 at 1522 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Roy L. Kirk, by making known unto Ian and Suzanen Talbot, Occupants at 220 Skyline Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to them personally the said true and correct copy of the same. 10/01/2009 03:22 PM - Noah Cline, Deputy Sheriff, who being duly swum according to law, states that on October 1, 2009 at 1522 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Arieta B. Kirk, by making known unto Ian and Suzanen Talbot, Occupants at 220 Skyline Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to them personally the said true and correct copy of the same. SHERIFF COST: $53.00 SO ANSWERS, October 02, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff 639?a%? Sheriffs Office of Cumberland County R Thomas Kline Sheriff etunabrr Ronny R Anderson Chief Deputy A Jody S Smith Civil Process Sergeant OF91CE OF F4E SKRIFF Edward L Schorpp Solicitor Countrywide Home Loans, Inc. vs. Roy L. Kirk Case Number 2008-4976 SHERIFF'S RETURN OF SERVICE 10/29/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Roy L. Kirk, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Roy L. Kirk. Request for service at 275 Cumberland Parkway Plaza Mechanicsburg, PA 17055 is where the defendant has a mailbox that is maintained by the UPS Store. Management informed Deputy's Roy L. Kirk is currently out of the country. An exact address is not available. 10/29/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Arieta B. Kirk, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Arleta B. Kirk. Request for service at 275 Cumberland Parkway Plaza Mechanicsburg, PA 17055 is where the defendant has a mailbox that is maintained by the UPS Store. Management informed Deputy's Arieta B. Kirk is currently out of the country. An exact address is not available. SHERIFF COST: $54.00 October 29, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF GOLDBECK McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 (215) 627-1322 FAX (215) 627-7734 www.roldbeeklaw.com October 15, 2009 To: POSTMASTER Mechanicsburg, PA 17050 Request for Change of Address or Boxholder Information needed for Service of Legal Processor. Please furnish the new address of the name and street address (if a boxholder) for the following: ROY L. KIRK & ARETIA B. KIRK ANA ARIETA B. KIRK 220 Skyline Drive Mechanicsburg. PA 17050 NQ7E: The name and last known address are required for change of address information. The name, If known. and post office box address are required for box holler information. The following information is provided in accordance with 39 CFR 256.6 (d) (6) (ii). There is no fee for providing the bmftlder information. The fee for proving change of address information is waived in accordance with 39 CFR 256.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requestor (e g) process server, attorney, party representing himself): Attorney for Plairdifl 2. Statute or regulation that empowers me to serve process (not required when requestor is an attorney or party acting pro se - except a corporation acting pro se must cite statute): PA Rule civil Procure Number 440 3. The names of all known parties to the litigation: COUNTRYWIDE HOME LOANS 4. The court in which the case has been or will be heard: Superior Court for Cumberland County 5. The docket or other identifying number N one has been issued: TERM. 6. The capacity in which the individual is to be served (e g. defendant or witness): Defendantls) ROY L. KIRK & ARETIA B. KIRK AWA ARIETA B. KIRK LAST KNOWN ADDRESS: 220 Skyline Drive Mechanksixim, PA 17050 WARNING The submission of false information to obtain and use change of address information or boxhold formation for any purpose other than the sw_ of the legal process in connection with actual or prospective litigation Id resu . criminal penalties including a fine up to $10,000 or imprisonment or (2) to avoid payment of the fee for ch ress W e than 5 years, or both (Title 18 U.S.C. Section 1001). ` MI L T. VER ESQUIRE FOR POST OFFICE USE POSTMARK NEW ADDRESS OR BOXHOLDER'S STREET ADDRESS -Mail Is delivered to the address given. No change of address order on file. -Not known at address given. No such address. Moved, left no forwarding address. Our file tf: 63952FC Z ? 75- "jSW "I a I'?1/-C??tu1c5?3?Qt?-? ?/ 7d Sa GOLDBECK MCCAFFERTY & McKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 for Plaintiff COUNTRYWIDE HOME LOANS 7105 Corporate Drive PTX C-35 Plano, TX 75024 VS. ROY L. KIRK and ARETIA B. KIRK A/K/A ARIETA B. KIRK 220 Skyline Drive Mechanicsburg, PA 17050 VERIFICATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 08-4976-civil I, VeIVO 3•^ , Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service 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. (=,,12 S BY: David B. Fein, Esq. GOLDBECK MCCAFFERTY & McKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff COUNTRYWIDE HOME LOANS 7105 Corporate Drive PTX C-35 Plano, TX 75024" VS. ROY L. KIRK and ARETIA B. KIRK A/K/A ARIETA B. KIRK 220 Skyline Drive Mechanicsburg, PA 17050 OF Cumberland COUNTY No. 084976-civil MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendants, ROY L. KIRK and ARETIA B. KIRK A/K/A ARIETA B. KIRK, which the Sheriff has been unable to personally serve upon Defendants, ROY L. KIRK and ARETIA B. KIRK A/K/A ARIETA B. KIRK. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendants' whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendants, ROY L. KIRK and ARETIA B. KIRK A/K/A ARIETA B. KIRK, by posting the premises and certified mail and regular mail to the Defendants' last known address. Respectfully submitted, IN THE COURT OF COMMON PLEAS David B. Fein, Esq. GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff COUNTRYWIDE HOME LOANS 7105 Corporate Drive PTX C-35 Plano, TX 75024 VS. ROY L. KIRK ARETIA B. KIRK A/K/A ARIETA B. KIRK 220 Skyline Drive Mechanicsburg, PA 17050 CERTIFICATE OF SERVICE of Cumberland County No. 08-4976-civil (2?wv does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendants, ROY L. KIRK and ARETIA B. T4 /? pp KIRK A/K/A ARIETA B. KIRK, this )Zday offVj?,A"CiJ x`2009, by first class mail, postage prepaid. ROY L. KIRK 220 Skyline Drive Mechanicsburg, PA 17050 ARETIA B. KIRK A/K/A ARIETA B. KIRK 220 Skyline Drive Mechanicsburg, PA 17050 ROY L KIRK 275 Cumberland Pkwy Plaza Mechanicsburg, PA 17055 ARETIA B KIRK A/K/A ARIETA B. KIRK 275 Cumberland Pkwy Plaza Mechanicsburg, PA 17050 s BY: avid B. Fein, Esq IN THE COURT OF COMMON PLEAS FLE E 71 E ARY M9 NOV 13 "' 1 e- l ": ! ? GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 `-21( i' n fir` TARY 2010 JAN 19 Ph 1: 14, COUNTRYWIDE HOME LOANS 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. ROY L. KIRK ARETIA B. KIRK A/K/A ARIETA B. KIRK 220 Skyline Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS of Cumberland County No. 08-4976-civil PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. . e- L Mic 1 T. McKeever, Es re Attorney for Plaintiff