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HomeMy WebLinkAbout01-6842FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (~ 5) s6~-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE CENTER DRIVE PLANO, TX 75024-3632 Plaintiff V. DANIEL R. ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS, PA 17324 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. Ot-~ ~:~ ?~L )_ CUMBERLAND COUNTY Defendant(s) CIVIl, ACTION **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 4933165 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFFER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE CENTER DRIVE PLANO, TX 75024-3632 The name(s) and last known ad&ess(es) of the Defendant(s) are: DANIEL R. ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/6/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ALLIED BANCSHARES MORTGAGE GROUP, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1496, Page 564. By Assignment of Mortgage dated 4/5/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 608, Page 747. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/01/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 6/01/01 through 11/01/01 (Per Diem $16.12) Attorney's Fees Cumulative Late Charges 11/6/98 to 11/01/01 Cost of Suit and Title Search Subtotal $72,535.88 2,482.48 1,250.00 167.84 550.00 $76,986.20 Escrow Credit 0.00 Deficit 74g. ] 7 Subtotal ~ 74g ! 7 TOTAL $77,734.37 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $77,734.37, together with interest from 11/01/01 at the rate of $16.12 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /~/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .4. LL THAT CERT.&IN :raft or parcel or' :and situate in tho 'Township of Sow h County of Cumbcrlund and Commonwealth of Pennsylvania, being mor~ p~icularly bo[reded amd degcDb~d in accordance ~ith a survey by Wi!bur M R~dding. R~gismred Su~ey~r, da/ed October 2, 1958, as t'ollows, rd BEGINNING a~ a point marked by a spike in thc cenrerline of thc State High,way, a[ corner or' lands now or fo~erly of John Coulson: :hence along and through :~e centerlineot State Highway North eighty-four (84) degrees thirty (30) minutes West. a distance of one hundred forty-five and ~fteen one-hundredths (145.15) leg: :o a spike ar the corner of another tract of conveyed; thence along the I/ne of sai0 ~act of land Norrll two (02) degrees forty-one (41 ] nlinu~s ~sr. a distance of two hundred si~ryand zero one-lmndredths (260.00) fcc[ to~n ~ron pin; continuing along the sameNo~heighty.~our(Sa) degrce~ hi~y(30~ ~nutes West. a distance hundred r'iv= and zero one-hundredths (I05.00) feet to an iron pin on [11¢ linc of :ands now dC Formerlyot C. C. Richwine: thence alongtl~c Iineofsaid lan0~now or formerlvoYC. C. Richwin~ North two (02) degrees forty-one (41) minutesW~sr, a distanceot eight hundred ninety-Droned ninety-five on~-hundrcdths (895 95) feet rd an iron pin ar the corner cf anet~er trace or con[tatung one hundred nLne {109) perches, wl~ick tract of !and was fo~er~v a part of the lands herein conveyed; thence along the line of said tract of land North seventy-Dye'[75) degrees East. distance of two I~undred fifty-four and nmetyone-hundr, dths (254.90) feet to an iron p~n on the of lan~s now or formerly of John Coul~on; thenc= aided the Zee of said ~ands now or formerly of John Coulson South two (02) degrees rwen~-nlne ~29~ ~nut~s t~rtv (30) seconds East a dist~nc= of one chous~d two tmndred fogy-four and fifty-thre~one-hundredr~s (1.244.53) feet to a spike Ihe centerline oI'th~ State High,ay aforesaid, the p~mt and Place oFBEGINNING. CONT.&INING a total of six (0~) acres. [hi, y-one (31) perches. Road,HAVINGGardners.rhece°npennsylvania.erected a frame dwelling house wilh mailing address of 55 Mctory Church BEING rhesame pre,sas which Emerson Hoover and Leroyl-[eIler. Executors of t~e Last and Test~enrot'AnnaG. ~ler. by Deed datedDecemb,rZ0~ 1976 and Recorded December 20. 1976 in the Office of the Recorder of Deeds in and for Cumberland County. at Car!isle. Pennsy;van~a, in De~d Book "Y" Voiume 26 Page 282. grame~ and conveyed rd .&nd,~ M. De Jesus and Dixie L. DeJesus. his wife. :he Grantors I~erein. UNDER AND SL~JECT to easements ~d restrictions oF record. PRAISES 0~ 55 VICTORY CHURCH R0~ VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, 1NC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are trt/e and coxrect to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S..Sec. 4904 relating to tmsworn falsification to authorities. ~ / / ¥ DATE: SHERIFF'S RETURN - REGULJtR CASE NO: 2001-06842 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLkND COI/NTRYWIDE HOME LOB-NS INC VS ALLEN DkNIEL R JR 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 ALLEN DANIEL R JR the DEFENDANT at 1227:00 HOURS, at 55 VICTORY CHURCH ROAD on the 20th day of December , 2001 GARDNERS, PA 17324 by handing to ALICIA BRICKEY, ADULT GIRL- FRIEND OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this 7~ day of ~J~,a~ ~%~ ~2~ A.D. J- JProthonotary So Answers: R. Thomas Kline 12/26/2001 FEDERMANBy: AND ~~ ~ ~eput~ Sheriff AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) DANIEL R ALLEN, ,IR. SERVE DANIEL R ALLEN, JR. AT 55 VICTORY CHURCH ROAD GARDENERS, PA 17324 CUMBERLAND COUNTY No. 01-6842 ACCT· #4933165 Type of Action - Notice of Sheriff's Sale Sale Date: ~3NE 5, 2002 Served and made known to of Pennsylvania, in the manner described below: ~><~ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is __Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in ehasge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. SERVED a ~'ue and correct copy of the Noticd of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOT SERVED · 200__, at o'clock __.m., Defendant NOT FOUND because: Vacant 2"a Attempt: / / Time: : Sworn to and subscribed before me this ~QI~ day of 200 .. C~ PLEASE/,¥1'~I~MPT SERVICE AT I Uaa M. ~, Nota~ I Moved Unknown __ No Answer Attempt: / / Time: : 3rd Attempt: / / Time: : Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 -< FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE CENTER DRIVE PLANO, TX 75024-3632 Plaintiff, V. DANIEL R ALLEN, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6842 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DANIEL R ALLEN~ JR. and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days f~om service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/1/01 to 2/12/02 TOTAL $77,734.37 $1,676.48 $79,410.85 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDE~RMAN,~E UIRE Attorney for Plaintiff DAMAGESAREHEREBYASSESSEDASINDICAT . . ~ ~ DATE: ~---~O, ~ ~ ~ . PRO PROTHY (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE CENTER DRIVE Plaintiff, V. DANIEL R ALLEN, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6842 ~f~tice is given that a Judgment in the above-captioned matter has been entered against you on 2002. If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FEDERM3LN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 COUNTRYWIDE HOME LO~NS, Plaintiff VS. DANIEL R. ALLEN, JR. Defendant (s) TO: DANIEL R. ALLEN, JR. 55 VICTORY CHURCH ROAD C4tRDENERS,PA 17324 INC. DATE ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-6842 OF NOTICE: JANUARY 28.2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE CENTER DRIVE Plaintiff, DANIEL R ALLEN, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6842 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DANIEL R ALLEN, JR. is over 18 years of age and resides at, 55 VICTORY CHURCH ROAD, GARDENERS, PA 17324. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK ~EDEP,~VlAN~S QUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. : Plaintiff, : V. -* ; DANIEL R ALLEN, JR. : ; Defendant(s). : _. No. 01-6842 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/12/02 to 6/5/02 (per diem -13.05) TOTAL $79,410.85 '~ $1,474.65 and Costs $80,885.50 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. COUNTRYWIDE HOME LOANS, INC. Plaintiff, ¥. DANIEL R ALLEN, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-6842 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS~ INC., Plaintiff in the above action, by its attomey, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~55 VICTORY CHURCH ROAD~ GARDENERS~ PA 17324. 1. Name and address of OWner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL R ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS, PA 17324 2. Name and address of Defendant(s) in the judgment: DANIEL R ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS, PA 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Narfle None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 55 VICTORY CHURCH ROAD GARDENERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 12, 2002 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, ¥. DANIEL R ALLEN, JR. Defendant(s). TO: DANIEL R ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS, PA 17324 CUMBERLAND COUNTY No. 01-6842 February 12, 2002 **THIS FIRM!S A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREYIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTK. ** Your house (real estate) at, 55 VICTORY CHURCH ROAD, GARDENERS, PA 17324~ is scheduled to be sold at the Sheriffs Sale on JUNE 5~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 79~410.85 obtained by COUNTRYWIDE HOME LOANS~ INC. (the mortgagee) against you. In the event the Sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To fred out how much you must pay, you may call: {215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the jud~gnent was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attomey to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Shefiffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share.of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERT.:LIN TRACT OR P~vRCEL OF L.~ND SITUATE LN THE TO'%% .~SHYP OF SOL' ,~2I NIIDDLETON. COL~NTY OF C~IBE~.~ .~ND CO~ION~-~TH OF PENNSYLV-~NL~ BELNG 5[O~ p.~TICUL~Y BOL~DED .~N~ DEsC~ED ~ ACCO~NCE W~ A SL~VEY BY WILBL~ V. ~DDLNG, ~GISTE~D 5L~YO~ DATED OCTOBER 2, 195~..~ FOLLOWS, TO W~: BEGINNhNG AT A POINT )~D BY A 5PI~ LN T~E CENTE~E OF THE STATE HIGHWAY, AT .~N~ T~OL'GH CO~R OF L~NDS NOW OR FO~~Y OF JO~ COL%SON; THENCE .~ON~R~. (30))~%~S WEST, A ,~ENTE~E OF S~D STATE ~G~'AY NORTH EIGH~-FOL~ (g~) DEG~ES DiST.~NCE OF ONE ~'ND~D FORTY-FIVE ~ND ~EEN ONE.RL~DTHS 11~5.15~ FEET TO A SP~ AT THE CO~N'ER OF .~NOT~R r~CT OF L.~ND CO~T.~'LNG N~ET~'-N~E (.99) PERC~S. ~ICR ~CT OF L~ w.~ FO~[E~Y A p,~T OF T~ L~NDS ~' CONVE~D: T~NCE .~O~'G THE LINE OF ~CT OF L~ND NORTH ~O (02) DEG~ES FORTY-ONE (41))~NL~ES $~I5T, A; ,~ [.C;CZ OF ~'O ~D S~ -M~ ZERO ONE.~D~DTHS (~60.00) FEET TO .~N' IRON P~; T~NCE CONT~U~G ~ONG T~ S~g NOR~ EIGR~-FO~ (~) DEG~ES ~ (30))~N%~ES ~ST, A DIST.~NCE OF O~ ~D ~ ~ ZERO ONE-~D~DT~ (10~.00) ~ET TO .~N ~ON P~ O~ ~ L~E OF L~S NOW OR FO~~Y OF C. C. ~NCE .~ONG ~ L~E OF S~ L~S NOW OR FO~Y OF C. C. ~c~E NORTH ~O (02) DEG~ES FOR~-O~ (~1) ~ES ~ST, A D~T~NCE OF EIGHT HUND~D ~ETY-FI~ .~ F~ ONE-~DTHS ($95.95) ~ET TO .~N ~ON P~ AT THE CO~NER OF .~NOT~ ~CT OF Co~G O~ ~D ~E (109) PERC~S, ~CH T~CT OF L.~ W.~ FO~Y A P.~T OF ~S HE~ CO~E~D; T~NCE ,~ONG ~ L~E OF S~ ~CT OF L.~ NORTH SEVEN~-~ A DIST.~NCE OF ~O ~D ~.FOL~ .~ND N~E~ O~E-~D~ (~54.9~) ~ET DEG~E8 E~T, TO ~ ~ON P~ ON ~ L~E OF L~S NOW OR FO~Y OF ~O~ CO~%SON; THENCE NOW OR FO~~Y OF JO~ CO~%8ON SOC~H ~O (0~) DEG~ES ~N~-~ (~9) L~E OF S~ ~S SECOS~S E~T, A D~T.~NCE OF O~E ~OUS~ ~'O ~D~D FOR~-FO~ F~-T~E ONE-~DT~ (1,~3) ~ET TO A SP~ ~ THE CENTE~ OF T~ STA~ ~G~AY ~O~S~, ~E PO~ .~ND PLACE OF BEG~G- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: COUNTRYWIDE HOME LOANS, INC. ) ) CIVIL ACTION VS. DANIEL R. ALLEN, JR. ) CIVIL DIVISION ) NO. 01-6842 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYVVIDE HOME LOANS, INC. hereby verify that on 2115102 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 2115/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: May 14, 2002 FRANK FEDEI~MAN, ESQUIRE Attorney for Plaintiff 7160 3901 9844 7041 5506 TO: DANIEL R ALLEN, JR. 55 VICTORY CHURCH ROAD GARDENERS, PA 17324 SENDER~, TEAM 5 PS Form 3800, June RETURN RECEIPT SERVICE Certified Fee Return Receipt Fee .34 1 ~fl 1 9fl 0 00 Restricted Delivmy Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Cowrage Provided Do Not Use for International Mall Countrywide Home Loans, Inc. VS Daniel R. Allen, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6842 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 20.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.20 Mileage 15.18 Levy 15.00 Advertising 15.00 Certified Mail 1.72 Poundage 16.12 Law Journal 358.40 Patriot News 308.95 $822.07 paid by attorney 6/04/02 // day R. Thomas Kline, Sheriff Prothonotary Real Estat~ Deputy