The URL can be used to link to this page

Home My WebLink About08-7243GOLDBECK 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDER S CWABS,INC. ASSET- BACKED CERTIFICATES, SERIES 2004-3 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. LESLIE GARGIULO STEPHEN GARGIULO Mortgagors and Record Owners 3805 Dorset Drive Mechanicsburg, PA 17050 Defendants IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term VI No. y3 CM L ACTION' MORTGAGE 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, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL .I d? 7-1 y3 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz February 20, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 20 day of February, 2009 C?- z?' Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28. 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas Cumberland County Civil Action-Law No. 08-CML-7243 BANK OF NEW YORK AS TRUSTEE FOR THE CER71FICATEHOLDER CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-3, Plaintiff VS. LESLIE GARGIULO & STEPHEN GARGIULO, Mortgagors and Real Owners, Defendants TO: LESLIE GARGIULO, MORT- GAGOR AND REAL OWNER, DEFENDANT, whose last known address is 3805 Dorset Drive, Mechanicsburg, PA 17050. THIS FIRM IS A DEBT COLLEC- TOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OB- TAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECT- ING THE DEBT. You are hereby notified that Plain- tiff, BANK OF NEW YORK AS TRUS- TEE FOR THE CERTIFICATEHOLD- ER CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-3, has filed a Mortgage Foreclosure Complaint endorsed with a notice to defend against you in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 08-CML-7243, wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 3805 Dorset Drive, Mechanicsburg, PA 17050, whereupon your property will be sold by the Sheriff of Cumber- land County. 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 ap- pearance 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 PA- PER 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 RE- DUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES INC. 401 E. Louther St. Suite 103 Carlisle, PA 17013 (717) 243-9400 or CUMBERLAND COUNTY BAR ASSOC. 32 S. Bedford St. Carlisle, PA 17013 MICHAEL T. McKEEVER, ESQUIRE GOLDBECK McCAFFERTY & McKEEVER, P.C. Attorneys for Plaintiff Suite 5000 Mellon Independence Center r. CUMBERLAND LAW JOURNAL 701 Market St. Philadelphia, PA 19106-1532 (215) 627-1322 Feb. 20 ?t ?;??, ?. w a.. ??: ?, ?" .. .r % (?- 7, 3 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz 20, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r ie Coyne, SWORN TO AND SUBSCRIBED before me this 20 day of February, 2009 Notary TARIAL SEAL AH A COLLINS tary Public CCUMBERLAND COUNTY n Expires Apr 28, 2070 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas Cumberland County Civil Action-Law No. 08-CIVIL-7243 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDER CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-3, Plaintiff VS. LESLIE GARGIULO & STEPHEN GARGIULO, Mortgagors and Real Owners, Defendants TO: LESLIE GARGIULO, MORT- GAGOR AND REAL OWNER, DEFENDANT, whose last known address is 3805 Dorset Drive, Mechanicsburg, PA 17050. THIS FIRM IS A DEBT COLLEC- TOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OB- TAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECT- ING THE DEBT. You are hereby notified that Plain- tiff, BANK OF NEW YORK AS TRUS- TEE FOR THE CERTIFICATEHOLD- ER CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-3, has filed a Mortgage Foreclosure Complaint endorsed with a notice to defend against you in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 08-CML-7243, wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 3805 Dorset Drive, Mechanicsburg, PA 17050, whereupon your property will be sold by the Sheriff of Cumber- land County. 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 ap- pearance 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 PA- PER 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 RE- DUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES INC. 401 E. Louther St. Suite 103 Carlisle, PA 17013 (717) 243-9400 or CUMBERLAND COUNTY BAR ASSOC. 32 S. Bedford St. Carlisle, PA 17013 MICHAEL T. McKEEVER, ESQUIRE GOLDBECK McCAFFERTY & McKEEVER, P.C. Attorneys for Plaintiff Suite 5000 Mellon Independence Center r' CUMBERLAND LAW JOURNAL 701 Market St. Philadelphia, PA 19106-1532 (215) 627-1322 Feb. 20 ?' ? W '^' .. PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. 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. 9400 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 2). . 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 Seethe PHFA website httD://www.Dhfa.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). Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 7). 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 homeretentionaa.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 72221FC. 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 Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDER S CWABS,INC. ASSET-BACKED CERTIFICATES, SERIES 2004-3, 7105 Corporate Drive, PTX B-35 Plano, TX 75024-3632. 2. The names and addresses of the Defendants are LESLIE GARGIULO, 3805 Dorset Drive, Mechanicsburg, PA 17050 and STEPHEN GARGIULO, 3805 Dorset Drive, Mechanicsburg, PA 17050, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On January 23, 2004 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR FULL SPECTRUM LENDING, INC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1852, Page 2904. The mortgage has been assigned to: BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDER S CWABS,INC. ASSET-BACKED CERTIFICATES, SERIES 2004-3 by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. 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 May 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 ..................................................................................$223,660.76 Interest from 04/01/2008 through 12/09/2008 at 11.3750% ...................$17,634.10 Per Diem interest rate at $69.70 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ................. $11,183.04 Late Charges from 05/01/2008 to 12/09/2008 .............................................$792.72 Monthly late charge amount at $99.09 Costs of suit and Title Search ......................................................................$900.00 Monthly Escrow amount $312.27 $254,170.62 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. 8. 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 Defendants 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 Defendants 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 $254,170.62, together with interest at the rate of $69.70, 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: ",4-& T kcLc"? GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION SANDRA WILLIAAAS 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: 6 q 1 W? SANDRA WILLIAMS ASSISTANT SECRETARY 3805 Dorset Drive Mechanicsburg, PA 17050 - LESLIE GARGIULO and STEPHEN GARGIULO E.,xhibit A Sep 09 2008 3:52PM HP LRSERJET 3330 LEGAL DESC1tIPTION tort certaie lot of 1640 all W e it 1110P401 revshir, t:saltrt4sl'` i 0Wr, Posssylvallt, (lelejf Let ill?, Niupawrtd, Phase 1I0 Is rais?orl is. . clabellstd CooRty f114 look 1s, ftlt 93, girt vo ttdctltrty letslsl 141 Ie- 11"iaed Is follows, to Yaws . 101NNiI11 It r }list 42 the Ietlh We or poppet Irivt, 7pid ?el_jl also 09911 a dlstsscs of Oaf Nlll?Id illRoky-f?sr Bed Os* One-helidradtlI loot 1114,/1'1 list of the 40terleclies of the Will side 41 Chil?Ptsh1l I rd tsl the letth tilt of Wool Ir1ve1 Iheset by the I 6r t.ei In. 413 1;:Ik ?kitty Itoeval Tvtsty-twe alsatss Thirty-fear, seeerte Nest li X0'22,31' 9) 1 distaste of /oil N6slred ltvealy-slat ¦nd Two Qar-lasdrsdih feel (111,0111; 14 4 Petit at line of Lot No. lit, 11e5'd1s Iesare teatime t, Otis Ireh 12, fast It, thotte by stile sad tot Me. to? North Tha?ty-1601 sravs•10961ty- ; friar aa¦otes talhtees steeds Most (N X4.74*18' 411 a ditto e! of tee Nandrei TAlrlr- sit ie1 tight Der-ls4i?alth¦ first 1J34.41'k to a Pei 1 at-114 of Ltt No. 1311 threes by flea tad portly thrtolh A.T. i T. tests lishi-yr-Yty North Ferir delrets Tlllrty-tY4 filaatot Twasty-oaten/4 1116' N 44'33'90• t1 distinct of lit 011fred T4lrts-sevts srl levesty-ire sit 1104redths feet (137.11`) In a Plitt on the 9s4th *140 It #Irsat itlvej thaats by sjer loath forty-1451 degrees Toasty-wON visit&$ f arty sea8149 [tit (1 ; 49427'40' 9) a distseee or Isotyfttr Sold Fifir-thrle Os1 K Xedtits, (Ott . t10,71') is 4 Moist it s cerve. these by else tad t carve o the, left ha.7 sae t milts or Too Ns.ired feel 1304.0011. led rte 111111~ f Thlity-fivt 414 refty-aevte Ise-haveredths reel (33,17') to the Place t IoeloarNI. CONTAINING 11177141 5111re root, laewr sad staboraol 1s 143 Pettit Brave. Iftcitaeitslarl. BEIN13 TER-SANE P11ZN19Z8 which Harry S. Claypool, Sr. And Maybelle L. Claypoole,•h/w*by 'their Deed dated January 17, 1989 and recorded January.25, 1989 in the Office of the Recorder of Deeds in and for-Cumberland County, Pennsylvania in Deed Book T33, page 1051, granted and conveyed unto Stephen Gargiulo and Leslie Gargiulo, h/w Mortgagors herein. PA3 FWM 4100 mrI852PC2920 p.21 09IM008 12:47:47 PM CUMBERLAND COUNTY Inst# 200403IB37 - Page 17 of 21 E..xhi6it B ®counhywiclw HOME LOANS PO Box 9048 Temecula, CA 92589-9048 Send Payments To: PO Boot 660694 Dallas, TX 75266-0694 Send Correspondence to. PO Box 5170, MS SV314B Simi Valley, CA 93065 090701-7 BLOPA1 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 1054-10 1111111111111111111111111111111111 2210015396 Leslie Gargiulo 3805 DORSET DR MECHANICSBURG, PA 17050-2197 x:'1 Countrywide. HOME LOANS P.O. Box 660694 Dallas, TX 75266-0694 Leslie Gargiulo 3805 DORSET DR MECHANICSBURG, PA 17050-2197 Send Payments fo: PO box 660694 Dallas, TX 75266-0694 07/01/2008 Account No.: 46112428 Property Address: 3805 Dorset Drive Mechanicsburg, PA 17050-2197 Current Servicer. Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortoaae on your home is in default, and the lender intends to foreclose, Specific inf4mratlon about the nature of the default Is provided in the attached panes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM DHEMAPI may be able to help to saw your home. This Notke explains how the program works. To see N 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 Aaencv. This Notice contains important legal Information. H you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain lt. 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 NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VNIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL Nt1MERO MENCIONADO ARRIBA. 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): Leslie Gargiulo PROPERTY ADDRESS: 3805 Dorset Ori LOAN ACCT. NO.: 46112428 ORIGINAL LENDER: CURRENT LENDER/SERVICER: Countrywide Home Loans Seryicirm 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 0 yow check to • Write yyoauur account number on your check or money ceder • Writs in additional amounts maeUrn 550 Ip Is 11101111 3 39M certilled check) • Don't adadt you check to the • D ?t hi canewdence e Don't send cash Please write your a rd number on all checks and correspondence. We may chMe you a tea for any payrnent re weed or released by yotr financial irslUon, subject to apoikabla law. Account Nurlber:4011242&1 Leshe Gargiulo Balance Due for charges listed above: $7,269.57 as of 71112008. 3805 Dorset Dive Please update eisail inrormation on the ramrse side of his coupon. AOAlional Principal BLQPAI diww Exrow Countrywide PO BOX 660694 Dallas, TX 75266-0694 Ilrrrlrlrlrrrlrlrlikkrllrrllrrrrllrrirlrrrl,rllrlkrrlkrlrrirlllrrrl check otal 046112428100000726957000726957 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 FORECLOSUR - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-five (35) 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 WiTWiN TWc 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 th::ty-five (35) days after the date of this meeting. The uhwerdv hs iccarea are set torn at the end of this Notice. it is only necessary to schedule one face-to-face meeting. Advise your lender immedlately 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-five (35) 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 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 filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 3805 Dorset Drive Mechanicsburg, PA 1 7050-2 1 97 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: 05/01/2008 $6,882.30 Late Charges: 05/0112008 $198.18 Other Late Changes Total Late Charges: $99.09 Uncollected Costs: $90.00 Partial Payment Balance: ($0.00) TOTAL DUE: 57,269.57 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) HOW TO CURE THE DEFAULT - You may cure the default within THIRTY-FIVE (35) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,269.57, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-FIVE (35) DAY PERIOD. E-mail use: Providing your a-mat address balm will allow us to send you irdonnaticn on your account Account Number: 481124U Leslie GaNjub E-mail address Have we pad yw pay"M K Al accepted payments at principal and interest will be applied b the lorgest outstanding instelment due, unless otherwise mmssy pdtbited or limited by low. I you submit an amount in addition to your scheduled monthly amount, we will apply your payments as tolows: (i) to outstanding rr orft payments or principal and interest, (h) escrow deficiencies, (M) Iste charges and other amounts you owe in connection with your loan and (rw) b reduce the outstanding Principal balance of your loon. Please speaTy t you wart an additW amount appled to lunge payments, rather than principal redud ion. FOISU eC 110 3 Co r"ide's poky is b not accept pos1oi=W ohedo, unless 47d1c* agreed b by a loan counsebr or tecahician. Payments must be made either by cashier's check certified check or money order made Davable 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-FIVE (35) DAYS of the date of this letter. (Do not use if not applicable) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY-FIVE (35) 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-FIVE (35) 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 attomeys, 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 attorneys 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-FIVE (35) 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 SHERIFFS SALE - If you have not cured the default within the THIRTY-FIVE (35) 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 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 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 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 Add ress: P. O. Box 660694 Dallas, TX 75266--0694 Phone Number: 1-800-669.0102 Fax Number: 1-805-577-3432 Contact Person: MS PTX-36 AttenBon: Loan Counselor 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 Sheriff's 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. 62 2210015396 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 (iii) 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 August 5, 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 % 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 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 August 5, 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 1-800-669-0102. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Adams County Interfaith CCCS of Western PA Community Acticn Commissior Housing Authority 2000 Linglestown Road of Captial Region 40 E High Street Harrisburg. PA 17102 1514 Derry Street Gettysburg, PA 17325 888.511.2227 Harrisburg, PA 17104 717.334.1518 717.232.9757 Loveship, Inc. Marenathe PHFA 2320 North 5th 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 ®Countw4&- HOMELOANS PO Box 9048 Temecula, CA 92589-9048 Send Payments To: PO Box 660694 Dallas, TX 75266-0694 Send Correspondence to: PO Box 5170, MS SV314B Simi Valley, CA 93065 2210015393 Stephen Gargiulo 3805 DORSET DR MECHANICSBURG, PA 17050-2197 090701-7 BLOPA1 PRESORT First-Class Mail U. S. Postage and Fees Paid WSO 1054-10 C mbywid ee- HOME LOANS P.O. Box 660694 Dallas, 7X 75266-0694 Stephen Gargiulo 3805 DORSET OR MECHANICSBURG, PA 17050-2197 Send Payments to: PO Box 660694 Dallas, TX 75266-0694 07/01/2008 Account No.: 46112428 Property Address: 3805 Dorset Drive Mechanicsburg, PA 17050-2197 Current Servicer. Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in defa rk and the tender intends to foreclose Specific information about the nature of the default Is Provided In the attached Pages. The HOMEOWNER'S EMERGENCY 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 most with the Counseling Agency. 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 an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VNIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE 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. HOMEOWNER'S NAME(S): Stephen Gargiulo PROPERTY ADDRESS: 3805 Dorset Drive Mechanicsbura. PA 17050-2197 LOAN ACCT. NO.: 46112428 ORIGINAL LENDER: CURRENT LENDERISERVICER: Countrywide Home 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 Please write your account number on all checks and correspondence. We may charge you a ice for any payment returned or rrlected by your financial irstautlm, subject to applicable law. Account Number: 46112428-1 . Make your dredc to Coutrywide Home Coons • Write your account mernbeir on your check or money order • With any ackftnai amounts mare S b500 i I geese send ctlAMled check) • Don't at edh yaw check to the w DonY mducarrespondence is Don't send cash Stephen Gargiulo 3805 Dorset Drive Countrywide PO BOX 660694 Dallas, TX 75266-0694 Ilrrrlrirlrr,Irlrllrrrllrrllrr,rllr,I,Irrrirrllrlrrrlrrlrrlrlllrrrl Balance Due for d><Irges listed above: $7,269.57 as of 71112008. BLOPAI Please update eanar irrtormation on the reverse side of this coupon. fiona, Principal tliEOnal Escrow Check Total 046112428100000726957000726957 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 NEXT 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 ihi: ty (30) days after the date of this meeting. The names. ..ad.......- __.1 ;et torth at the end of this Notice. it is only necessary to schedule one face-to-face meeting. Advise your lender 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 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 filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 3805 Dorset Drive Mechanicsburg, PA 17050-2197 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 Charaes: 05/0112008 $6,882.30 Late Charaes: 05/01/2008 $198.18 Other Late Chames Total Late Charges: $99.09 Uncollected Costs: $90.00 Partial Payment Balance: ($0.00) TOTAL DUE: $7,269.57 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) HOW TO CURE THE DEFAULT - You may cure the default within THIRTY 130) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,269.57, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. E-mai use: Providing your e-mail address below wit allow us to send you ilfomladan on your account Accent Number: 46112428 Stephen GaWAD E-mei address lbw ws pod your peynrerdc Al accepted Payer of princpel and interest will be appled b the longest ordstending instalment due, unless otherwise e>PM* pohibted or limited by law. I you subrrpt an amount in addition b your scheduled rnr n"Y amount we will apply you payments as Knows: III to Outetendng MM W payments of Principal and interest, (it) essuvv delldencies, fu) Iste charges and other amounts you owe in connection with your loan and (tv) to reduce the outstanding pdndpel balance of your loan. Please spedfy t you want an additional amount applied to future payments, rather than pdndpai reduction. Poatdaled olleel, Counlrywide's poky is b not accept postlated tech, unless spedk* agreed to by a loan counselor or tedrdcien. Payments must be made either by cashier's check certified check or money order made payable and sent t0: 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 applicable) 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 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 attomeys 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 attomeys, 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 attomey'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 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 Sheriff's 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 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: 1-800-669.0102 Fax Number: 1-805-577-3432 Contact Person: MS PTX-36 Affention: Loan Counselor 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 Sheriff's sale, a lawsuit to remove you and your fumishings 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 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. 2210015393 Your ban is in default. Pursuant to your loan documents, Countrywide may, enter upon and conduct an inspection of your property. The purposes of such an inspectlon are to (i) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) 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 July 31, 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 '% 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 Modtfication: 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 July 31, 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 1-800-669-0102. I CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Adams County Interfaith CCCS of Western PA Community Action Commissia Housing Authority 2000 Linglestown Road of Captfal Region 40 E High Street Harrisburg, PA 17102 1514 Derry Street Gettysburg, PA 17325 888.511.2227 Harrisburg, PA 17104 717.334.1518 717.232.9757 Loveship, Inc. Maranatha PHFA 2320 North 5th Street 43 Philadelphia Avenue 211 North Front Street Harrisburg, PA 17110 Waynesboro, PA 17268 Hanisburg, PA 17110 717.232.2207 717.762.3285 717.780.3940 800.342.2397 CZ r- 7:+ rv c-3 r rl n a 'Cj SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07243 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS GARGIULO LESLIE 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 GARGIULO LESLIE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , GARGIULO LESLIE 3805 DORSET DRIVE NOT FOUND , as to MECHANICSBURG, PA 17050 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. DEPUTY CALLED HER CELL(350-4452). SAID SHE WOULD COME TO OFFICE - NO SHOW. Sheriff's Costs: So answers Docketing 18.00 Service 11.70 G. =`E?? Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 44.70 GOLD13ECK MCCAFFERTY MCKEEVER 01/20/2009 Sworn and Subscribed to before me this day of , A. D. co LLI (D N SHERIFF'S RETURN - REGULAR CASE NO: 2008-07243 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS GARGIULO LESLIE ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GARGIULO STEPHEN the DEFENDANT , at 1815:00 HOURS, on the 17th day of December-, 2008 at 3805 DORSET DRIVE MECHANICSBURG, PA 17050 MICHAEL GRAGIULO 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 Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 01/20/2009 GOLDBECK XDe MCKEEVER By: day y Sh eriff A. D. - C 4 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 Courtenay R. Dunn, Esq. Attorney I.D. #206779 Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDER S CWABS,INC. ASSET- BACKED CERTIFICATES, SERIES 2004-3 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 vs. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 08-CIVIL-7243 LESLIE GARGIULO and STEPHEN GARGIULO 3805 Dorset Drive Mechanicsburg, PA 17050 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(x) 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 3805 Dorset Drive, Mechanicsburg, PA, 17050, hereinafter, the "mortgaged premises". 2. Defendants, LESLIE GARGIULO and STEPHEN GARGIULO, are the mortgagors and real owners of the mortgaged premises. 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 Defendant has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendant to request his concurrence. 4. The last known address of Defendant, Leslie Gargiulo, is 3805 Dorset Drive, Mechanicsburg, PA, 17050, as set forth in Paragraph 2 of the Complaint. 5. The Sheriff has been unable to effect service of the Complaint upon Defendant, Leslie Gargiulo, at the property, 3805 Dorset Drive, Mechanicsburg, PA, 17050. Per Sheriff, the Defendant does not live at the property address. Deputy called her and she said she would come to Sheriff's Office to pick up the service and never showed. 6. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Leslie Gargiulo. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant, Leslie Gargiulo, by posting the premises and certified and regular mail to the Defendant's last known address. Respectfully tted, David ein, Esq. . ProVest, LLC Affidavit of Good Faith Investigation Client provided information: File Number: 72221 FC Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Subject Name: Leslie Gargiulo Property Address: Street: 3805 Dorset Drive City: Mechanicsburg State: PA Zip 17050 Skip Results: Date of Birth: None Found ProVest File Number: 1411870 Last Known Dates: As of 1 /21 /2009 Street: 3805 Dorset Drive Phone: City: Mechanicsburg State: PA Zip: 17050 Death Records: As of 1/21/2009, the Social Security Administration has no death record on file for Leslie Gargiulo. Social Security Number Search Completed. Employment Search: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for Leslie Gargiulo as 3805 Dorset Drive, Mechanicsburg, PA 17050. Department of Motor The Pennsylvania Department of Motor Vehicles provided no change for Leslie Gargiulo from Vehicle Records: 3805 Dorset 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 Leslie Gargiulo. Information: National Postal Has no change for Leslie Gargiulo from 3805 Dorset Drive, Mechanicsburg, PA 17050. Address Search: Military Search: There was no active military status found. Comments: 717-732-6286: Number listed to Leslie and Stephen Gargiulo at 3805 Dorset Drive, Mechanicsburg, PA 17050, there was no answer. 717-732-5336: Called possible neighbor, Elizabeth Pascucci, answering machine answered, no message left. 717-732-1878: Called possible neighbor, Michael Evanish, answering machine answered,no message left. On 1/21/2009, 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. Ailment : P 'Garnett utnCr9lJed A d Sworn to 910re me. poksy PuLA; Date: 1 /21 /2009 iVNikiA~ ICY COMWOM EOW SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07243 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS GARGIULO LESLIE 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 GARGIULO LESLIE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , GARGIULO LESLIE 3805 DORSET DRIVE NOT FOUND , as to MECHANICSBURG, PA 17050 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. DEPUTY CALLED HER CELL(350-4452). SAID SHE WOULD COME TO OFFICE - NO SHOW. Sheriff's Costs: So answers- Docketing 18.00 Service 11.70 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 44.70 GOLDBECK MCCAFFERTY MCKEEVER 01/20/2009 Sworn and Subscribed to before me this day of , A.D. 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 Courtenay R. Dunn, Esq. Attorney I.D. #206779 Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDER S CWABS,INC. ASSET- BACKED CERTIFICATES, SERIES 2004-3 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 vs. LESLIE GARGIULO and STEPHEN GARGIULO 3805 Dorset Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 08-CIVIL-7243 VERIFICATION I, ttorney 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. BY: Da d "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 Courtenay R. Dunn, Esq. Attorney I.D. #206779 Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDER S CWABS,INC. ASSET- BACKED CERTIFICATES, SERIES 2004-3 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632" VS. LESLIE GARGIULO and STEPHEN GARGIULO 3805 Dorset Drive Mechanicsburg, PA 17050 OF Cumberland COUNTY No. 08-CIVIL-7243 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 Defendant, Leslie Gargiulo, which the Sheriff has been unable to personally serve upon Defendant, Leslie Gargiulo. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's 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 Defendant, Leslie Gargiulo, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respect David,ff ein, sq. IN THE COURT OF COMMON PLEAS 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 Courtenay R. Dunn, Esq. Attorney I.D. #206779 Attorney for Plaintiff BANK OF NEW YORK AS. TRUSTEE FOR THE CERTIFICATEHOLDER S CWABS,INC. ASSET- BACKED CERTIFICATES, SERIES 2004-3 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. LESLIE GARGIULO STEPHEN GARGIULO 3805 Dorset Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS of Cumberland County No. 08-CIVIL-7243 CERTIFICATE OF SERVICE does hereby certify that true and correct copies of the foregoing Motion for Substituted Service ha or been served upon the Defendant, Leslie Gargiulo, this2v day of/1 , 2009, by first class mail, postage prepaid. STEPHEN GARGIULO LESLIE GARGIULO 3805 Dorset Drive Mechanicsburg, PA 17050 BY: Davi . Fein, Esq -0 t ll Fr; .? gr C .?. e r co BANK OF NEW YORK AS TRUSTEE FOR THE IN THE C CERTIFICATEHOLDER S CWABS,INC ASSET- BACKED CERTIFICATES, SERIES 2004-3 OF 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. LESLIE GARGIULO and STEPHEN GARGIULO 3805 Dorset Drive Mechanicsburg, PA 17050 ORDER AND NOW, this day ofjfl?\ 2009, upon considi Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to tht faith efforts to ascertain the present whereabouts of Defendant, Leslie Gargiu is, ORDERED and DECREED: T OF COMMON PLEAS berland COUNTY -CIVIL-7243 of the Plaintiffs Court that Plaintiffs good :), has been unsuccessful, it that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is direct to Serve the Complaint in 1 41 QW?Qrjfta D : 19jM11Q w1, . r - om, it,. AV- V Mortgage Foreclosure upon Defendant, Leslie Gargiulo, by posting a copy o the Complaint upon the premises 3805 Dorset Drive, Mechanicsburg, PA, 17050, and Plaintiff is dire cted to serve the Complaint Iod, by certified and regular mail to the Defendant's last known address at 3805 D orset Drive, Mechanicsburg, PA, 17050, and that all further service of legal papers, including but not limit ed to motions, petitions and rules be made by certified and regular mail to Defendant's last known addres and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made up on Defendant, Leslie Gargiulo, by sending copies of same to Defendant's last known address by ce rtified and regular mail and by posting the premises. BY T CO .1 J. Dis(bbru'tion list: ichael T. McKeever, Esquire, Suite 5000 - Mellon Independent Philadelphia, PA 19106-1532 LESLIE GARGIULO, 3805 Dorset Drive Mechanicsburg, PA 17050 STEPHEN GARGIULO, 3805 Dorset Drive Mechanicsburg, PA 170 701 Market Street, Q M rl, act Cc= V C= 1 CV GOLDBECK WCAFFERTY & 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDER S CWABS,INC ASSET-BACKED CERTIFICATES, SERIES 2004-3 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-CIVIL-7243 LESLIE GARGIULO STEPHEN GARGIULO 3805 Dorset Drive Mechanicsburg, PA 17050 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. GOLDBECK, McCAFFERTY & MCKEEVER %-O?w -TIAeA By Michael T. McKeever, Esq. Attorney for Plaintiff p rv o C5 . F ra co =,c GOLDBECK WCAFFERTY & 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDER S CWABS,INC. ASSET- BACKED CERTIFICATES, SERIES 2004-3 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. LESLIE GARGIULO and STEPHEN GARGIULO Mortgagor(s) 3805 Dorset Drive Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-CIVIL=7243 CERTIFICATE OF SERVICE Z c MICHAEL T. MCKEEVER ESQUIRE hereby certifies that on r he did serve upon Defendant(s) LESLIE GARGIULO a true and correct copy of the abovt-captioned Complaint by certified and regular mail in accordance with the Court Order dated February 9, 2009. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, c'?71x/;*A74'7 oo(,;Ytcoo& GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ESQUIRE na ? ? ° w ?. -?, , -r? ---c rn ?. , ?.,..i ? ?.; ay c ?-? ^" ?? i-? 'F" 9 ' JJ ' d ?? ?A`? ? 3?f .G:. y? ". .. ? ' .r -\ , . r SHERIFF'S RETURN - REGULAR CASE NO: 2008-07243 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS GARGIULO LESLIE ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GARGIULO LESLIE the DEFENDANT , at 0020:25 HOURS, on the 19th day of February-, 2009 at 3805 DORSET DRIVE MECHANICSBURG, PA 17050 by handing to POSTED PURSUANT TO COURT ORDER FOR LESLIE GARGIULO a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 /J Service 11.70 Posting 6.00 Surcharge 10.00 R. Thomas Kline .00 45.70 02/20/2009 GOLDBECK MCCAFFERTY & MCKEEVER Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. .4 a% 7 -;? y3 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz February 20, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. TO AND SUBSCRIBED before me this 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 20 day of February, CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas Cumberland County Civil Action-Law No. 08-CIVIL-7243 BANK OF NEW YORK AS TRUSTEE FOR THE CER71FICATEHOLDER CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-3, Plaintiff VS. LESLIE GARGIULO & STEPHEN GARGIULO, Mortgagors and Real Owners, Defendants TO: LESLIE GARGIULO, MORT- GAGOR AND REAL OWNER, DEFENDANT, whose last known address is 3805 Dorset Drive, Mechanicsburg, PA 17050. THIS FIRM IS A DEBT COLLEC- TOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OB- TAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECT- ING THE DEBT. You are hereby notified that Plain- tiff, BANK OF NEW YORK AS TRUS- TEE FOR THE CERTIFICATEHOLD- ER CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-3, has filed a Mortgage Foreclosure Complaint endorsed with a notice to defend against you in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 08-CML-7243, wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 3805 Dorset Drive, Mechanicsburg, PA 17050, whereupon your property will be sold by the Sheriff of Cumber- land County. 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 ap- pearance 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 PA- PER 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 RE- DUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES INC. 401 E. Louther St. Suite 103 Carlisle, PA 17013 (717) 243-9400 or CUMBERLAND COUNTY BAR ASSOC. 32 S. Bedford St. Carlisle, PA 17013 MICHAEL T. McKEEVER, ESQUIRE GOLDBECK McCAFFERTY 8s McKEEVER, P.C. Attorneys for Plaintiff Suite 5000 Mellon Independence Center CUMBERLAND LAW JOURNAL 701 Market St. Philadelphia, PA 19106-1532 (215) 627-1322 Feb. 20 z° t w GOLDBECK WCAFFERTY & ATTORNEY FOR PLAINTIFF BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 BANK OF NEW YORK AS TRUSE FOR THE CERTIFICATEHOLDER S C ABS,IN, ASSET-BACKED CERTIFICATES, !SERIES 2004-3 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. LESLIE GARGIULO STEPHEN GARGIULO 3805 Dorset Drive Mechanicsburg, PA 17050 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-CIVIL-7243 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. aMichaYeTh. McKeever, Esquire Attorney for Plaintiff OF THE NARY: 2009 MAY t t Aft 11: 00 CUM6 1 J ! J t?i