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HomeMy WebLinkAbout09-2559 GOLDBECK McCAFFERTY & McKEEVER BY; MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM CUUN'LRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 Plaintiff vs. JANET M. BRYANT-SCOTT TROY W. SCOTT, III Mortgagors and Record Owners 212 Edenderry Way Enola, PA 17025 THE UNITED STATES OF AMERICA Defendants IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE/}FORECLOSURE Term (: /' CIVIL ACTION: MORTGAGE ROMECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PRQCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.nhfa.or-a/consumers/homeowners/realaspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: ft://www.Dhiladelphiafed.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 homeretention(a?oldbecklaw 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 Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825-6411. Please reference our Attorney File Number of 79794FC. 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 COUNTRYWIDE HOME LOANS SERVICING, L.P., 7105 Corporate Drive, PTX C 35 Plano, TX 75024. 2. The names and addresses of the Defendants are JANET M. BRYANT-SCOTT, 212 Edenderry Way, Enola, PA 17025 and TROY W. SCOTT, III, 212 Edenderry Way, Enola, PA 17025, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. Defendant, THE UNITED STATES OF AMERICA, is named a Defendant pursuant to 28 U.S.C. Section 2410, and Plaintiff requests that a judicial sale be held of the Property. 4. On June 29, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONICS REGISTRATION SYSTEMS AS NOMINEE FOR AMERICAN HOME MORTGAGE, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1958 Page 4872. The mortgage has been assigned to: COUNTRYWIDE HOME LOANS SERVICING, L.P. 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. 5. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 6. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for July 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. 7. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$234,529.22 Interest from 06/01/2008 through 03/31/2009 at 7.5000% .....................$14,853.43 Per Diem interest rate at $48.86 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph .................$11,726.46 Late Charges from 07/01/2008 to 03/31/2009 .............................................$751.67 Monthly late charge amount at $83.52 Costs of suit and Title Search ......................................................................$900.00 Monthly Escrow amount $490.81 $262,760.78 8. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 9. 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. 10. 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. 11. THE UNITED STATES OF AMERICA, the above named Defendant, has a lien filed of record, set forth in Exhibit `_C_' which is attached and made part of this Complaint. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $262,760.78, together with interest at the rate of $48.86, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION David Perez , 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. r Date: L),))m Asst. Vice President #79794FC - JANET M. BRYANT-SCOTT 212 Edenderry Way Enola, PA 17025 ExhibitA ALL THAT CERTAIN lot or tract of land situate in East Penneboro Township, Cumberland County. Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern dedfeeled right-of-way Ilne of Edenber y Way at a divift We of Lot No. 96 and Lot Na. 97; thence by Ilne of Lot No. 98 North 45 depress 7 minutes 1 second East 100.00 feet to a point; thence by lands of Logone Run, Phase I. SmMh 44 degrsss 52 minutes 59 seconds East 80.00 feet to a point at the dividing One of Lot No. 97 and Lot No. 98; thence by time of Lot No. 98 South 45 degrees 7 minutes 1 second Wag 100.00 het to a point on the easNm righW-way lime of Ederiberry Way; thence by said right-of-way line of North 44 dognes 52 minutes 59 seoando Wag 80.00 feat to a point at the dividing We of Lot No. 96 and Lot No. 97, the piece of BEGINNING. BEING Lot No. 97 on the Final Subdivision Plan for Logone Run, Phase N, recorded In Plan Book 83, Page 27. SUBJECT to a 20 foot wide drainage easement as shown on the above mentioned Fwtat Subdivision Plan. UNDER AND SUBJECT to restrictions as set forth in Miso. book 451, Page 867; Misc. Book 475, Page 657; and Misc. Book 651, Pape 825. SUBJECT to budding firm, rights-of-way, eesemerft mining and mineral ruts, restrictions, reservations and exceptions as set forth on the recorded plan and as may appear in prior instruments of record.. BEING THE SAME PREMISES which Kelly J. Tespole, by deed to be recorded simultaneously herewith In the Office of the Recorder of Doods of Cumberland County, granted and conveyed unto JOW M. Bryant- Scott and Troy W. Scott, Ill. f Certify this to- be recorded In Cumberland Conn, pA Recorder o f Deeds E..,x.hibit (B SCOTr,111, TROY W: TROY W. SCOTT, III 212 Edenderry Way Enola, PA 17025 File #: 79794FC JC (ACT) Sale date: County: Cumberland Property: 212 Edenderry Way Enola, PA 17025 ACT 91 NOTICE DATE OF NOTICE: March 13, 2009 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an off icial notice that the mpiUM on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached..pae-s. The HOMEOWNERS MORTGAGE ASSISTANCE PROGRAM (HEMAPLmay be able to help to save your home. This Notice expla s how the program works. Tg see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when You meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agmies serving your County are listed at the end of this Notice. If you have any. gUggions, you may call the Pennsylvania Housiw Finance Agency toll free at 1-&00-342-2397. Persons with impaired h ; ing can call (717) 780-1869.1 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de soma importancia, pees afecta su derecho a continuer viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion itnmediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numeeo mencionada arriba. Puedes ser elegible pare un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by. GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 HomeRetention@goldbeddaw.com Date: March 13, 2009 TO: TROY W. SCOTT, III Homeowners Name: JANET M. BRYANT-SCOTT and TROY W. SCOTT, III Property Address: 212, Edenderry Way, Eno* PA 17025 Loan Account No.: 129444626 Original Lender: AMERICAN HOME MORTGAGE Current Lender/Servicer: COUNTRYWIDE HOME LOANS SERVICING, L.P. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR F ANCIAL ASSISTANCE-WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTU_ R_ E_ MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE, - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR W NIN THE NEXT (33) DAYS. IF YOU DO NOT Y,?T,gi MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the VaW ty is located are set forth at the end of this Notice. It is. only necessary to schedule one face-to-face meeting. Advise your lender immediateel 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.) 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 BAMMUPTM: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 Emeripmey MpftW Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT !Bring It an to date!. 3 NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 212 Edenderry Way, Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 07/01/2008 thru March 13, 2009 (9 mos. at $2,161.23/month) $19,451.07 (b) Late charges from 07/01/2008 thru March 13, 2009$751.68 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $20,202.75 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS 02.75 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. FUMents must be made either by cashier's check. certified check or money order made pavable and sent to: Attention: Act Letter Department COUNTRYWIDE HOME LOANS INC. c% Goldbeck McCafferty & McKeever 701 Market Street Suite 5000 Philadelphia, PA 19106 HomeRetention@goldbeddaw.com 866-413-2311 EF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, th_e_lader intends to ezerdse Its rights to ac rate the mKMM debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY perio& you will not be rewired to uay attorney's fees. QXRER 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, oy u still have the right to cure the default and prevent tie sale at any time uv_to one hour befmg the Sheriffs Sale You may do so by paying the total amount then bast due. plus any late or other charges then due, reasonable attorngy's fees and costs connected with the foreclosure sale and any other costs connected with the Shariffs Sale as specified in writing by the lender and by performing any other requirements under the mortg,Agg. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four ,44) to &M months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the We. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: COUNTRYWIDE HOME LOANS, INC. Address: 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Phone Number: 972-526-4654 Fax Number: 817-230-6811 Contact Person: Jeannine Levin Email: _PHFA,_Progrwn@counbywide.com EFFECT OF 5 S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MANY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Jeannine Levin Phone Number: 972-526-4654 6 HEMAP consumer credit Counsels Repot aal opdalatt 12=00 I:WAI PM LPMM.abat CO COnrm in Comm AoMm 2138 Lbc* OW PA. BOOt 36x8 MUlum pert, PA 17703 570.328.0587 COLUMA Cal 212 Croft C@Wo&* , rufihtb Hvjy NON109ock PA 18838 888AxUMr CCCS Of Min PA 401 Lam Skeet Pbalon, PA 18840 5707 MDAMA537 CRAWFORD County BookerF wwhkgwn Cwdw 1720 Hotiand Sip" Erie, PA 1x603 814A88.5744 CCCi Ot Vh@%M PA 4402 Paeair Shsst Erie, PA 1x608 808.611.2927 ad 106 868.511.2227 and 108 C~ for Family Sarvioae, Inc, 213 Cwww Sheet MaadWle, PA 18396 x14.33 A4M i mdw &N Community Action Com mi"M 1s wet M Sii d Edo, PA tMM 814.489,4681 l WMW tta/ay U*= L MWAO, Bra 801 trxbm A wm FWM, PA 18121 724.Y8UMO BL'- -I r- Cwdw 17M pole sheet Erie, PA 18603 814.462.8113 CureERLAND 40 E No abW Golf abtrp, PA 17328 717384.1618 Agencies OM otw.atsr- PA MW LiMaelown Road Hw*bwa PA 17102 888.8112227 888.6112227 Community Action CONW401on of Capful Room 1514 Do" S*W Hwdok Q, PA 17104 717.232.5757 Lowehlp, k, 2320 NOM ft sheet NW*b m PA 17110 717.292MV 1111MMatma 43 Phbd*hk Avanue WaynMbom PA 172M 717.702,32x5 PWFA 211 North Front Street 6INI ap, PA 17110 717.780.3840 800.9422997 DAUPHIN CM Of Weehrn PA 2000 Liostown Road Haakbrt% PA 17102 888.511.2227 888.6112227 Communfly Action COanMISOM Of Capdd Roxlos 1514 Do" sbW 14&Mft p, PA 17104 717.23ZW57 i- ,kwL 2320 North exr Stnwt HatrMn. PA 17110 717232.2207 Cppmharry Inc. 301 Eaat Market Sh d York„ PA 17403 717.424MO PNFA 211 Nash Front shoat HwdWp, rp, PA 17110 717.780.3940 8003422397 DM AWAM Calmly Acom Housing corporation NO North &a d Skeet pAlad10Ma, PA 18180 215.755.1221 Page 7 of 18 ®CounbVwider HOME LOANS 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 2211248044 Janet M Bryant-Scott 212 EDENDERRY WAY ENOLA, PA 17025-3414 00080?-7 fXQPA1 PRESORT First lass Mal U.S. Postage and Fees Paid WSO 1054-10 r? . CCounbyv des° HOME LOANS P.O. Box 660694 Sand Payments to. Dallas, TX 75266-0694 PO Box 660694 Dallas, TX 75266-0694 09/02/2008 Janet M Bryant-Scott Account No.: 129444626 212 EDENDERRY WAY Property Address: ENOLA, PA 17025-3414 212 Edenderry Way Enola, PA 17025-3414 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 mortaaae on your home is in default, and the lender intends to foreclose Specific Information about the nature of the default fis provided in the attached oaaes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able to help tosave your home. This Notice explains how the program works. To see if HEM_AP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN sn DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the r_, unselina Annoy. This Notice contains important legal information. N 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 NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO 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 NOMERO MENCIONADO ARRISA. 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): Janet M Bryant-Scott PROPERTY ADDRESS: 212 Edenderry Way LOAN ACCT. NO.: 129444626 ORIGINAL LENDER: CURRENT LENDER/SERVICER: 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 fee for arty payment returned or rejected by your financial institution, subject to applicable law. Account Number. 129444626.3 pat?able • checke Flame C ID Janet M Bryant-sc ottt Balance Due for charges listed above: $7,834.79 as of 962!2008. • Write ?w acmcxht number on 212 Edenderry Way yyoowur 1 11 or mangy order VNi I k Please update e-mail infomuation on the reverse side of this coupon. • te na a? iorlel amounts we inc more #= $ pl ? send Pricip l certlMd check) eLQPAt • Don't atblch your check to the Additional • Dat inchrde carne apondence Escrow • Dort send cah Countrywide PO BOX 660894 Dallas, TX 75266-0694 I1...IrI.I„ri1.ILr.fl..IL...11.d.1,,,l..ILL..L.I„LIIL,.I Check Total 129444626300000783479000783479 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 WrrFIIN TuP NcxT CONSUMER CREDIT COUNSELING_ AGIENr•-tU - 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 thin. ty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the Property Is located are set forth at the end of this Notice. It is only necessary to schedule one face to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the and 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.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS 114 ASTATE OF DEFAULT DUE TO TIME REASONS MENTIONED IN THIS NOTICE, YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 212 Edendery Way Enola, PA 17025-3414 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. 07/01/2008 Late Charges: 07/01/2008 Other Late Charges Total Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: E-mail use: Providing Your e-mail address below will allow us to send you kNonnsBpn on your account Acco r t Number: l Janet M Bryant-Scott E-mail address $6,483.69 $167.04 $0.00 $1,184.06 ($0.00) $7,834.79 flat vs al tar PtOerlarlla: All accepted payments otpprincipal and interest will be applied to the longest aastandirp Inetelment due, unless otherwise expressly prohibited or limited by law. ir you submit an amount In addition to your scheduled monthly ammxk we will apply your payments as follows: (i) to outstanding monthly payments of principal and interest, (ii) escrow deficiencies, (ii) tats changes and other amounts you owe In connection with your loan and (N) to reduce ftre outstanding principal balance of your loan. Please specil)r If you want an additional amount applied to future payments, rather than principal reduction. Poeldahd ofnsdrK countrywide's polity is to not accept postdeted chedcs, unless specifically agreed to by a loan counselor or technician. 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 (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,834.79, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order mad payable and sent to Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. You can cure any other default by tak'na 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 (301 DAYS of the date of this Notice, the lender intends to exercise Its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also Intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its 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 attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - if you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the 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: Countywide Home Loans Servicing LP Address: P. O. Box 660694 Dallas, TX 75266--0694 Phone Number: 1-800-669-6654 Fax Number: 1-805-577-3432 Contact Person: MS PTX-36 Attention: Loan Counselor EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will and 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 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. ffil 2211248044 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. 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 October 2, 2008, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide. Our basic plan requires that Countrywide receive, up front, at least 'A of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. • Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the 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 October 2, 2008 as outlined above will result in the acceleration of your debt. Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-800-669-6654. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Adams County Interfaith CCCS of Western PA Community Action Commissior Housing Authority 2000 Unglestown 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. Maransthe 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 E..x.hibit C 20US-02593 U S TREASURY DEPARTMENT (vs) SCOTT TROY W III Reference No... Filed ........s 4/23/2008 Case TyPe...... FEDERAL TAX LIEN T me........ 11:39 jud9me t...... 12$85.47 Execu Tn Date 0/00/0000 Judge a?gnedz J Vial.. ispwe Deac : D losed Da?te0/00/0000 -Case Comments er Crt 1.: er Crt 2.: }#xwxww*:wxfiwwfi*7t7FfitklFx:P**ttt#}wwwww*x*#*tp*w41?*RIF**.19Fw7F*lF+kkkfiFieik*+krkk#*ak*dr#*+!x*k7l-* ggGeeneraal Index Attorney Info P TTSBUROH QPPICP ROOM 808 PLAINTZ?"?' PITTSBUR AA 5222 9974 SCOTT TROY W III DEFENDANT 212 ENOLIDANMIR025A3414 Judgment Index Amount Date Deac SCOTT TROY W ITI 12.585.47 4/23/2008 TAX LIEN +?*wwxwK,rfi**fiwwx*xw*rw*,k+r*+e,e,rt,r:t#f******w*,t*?*x**,F?tirk,t#*waarw*w?fiwxar**wwww,r?**x** * Date int ries *t**xwwwwxww wxfi?rwwww*wxw****,t#t*#*?********?**+F,Yw***x?x*w***wxtrwx,r?rwwrr?t#txfi*w,tx 4/23/2008 FEDERAL TALI LIEN -w THE AMap OFE 1288.47 - - - - - - - - - - - - - - - - - - - - - - - - LAST - - - - - - - - - - - - - - *#?*w##,tir***?;*wwwwwww?Fwwwwx*w'?kfi?F*1Fw?'+kw7M*1rw1k1k**dt7Fw**fi**7FrttFw9!*7r*www9tkktR???ww'ket*RwW?F * E G ow Infoz?/Ad ? son * Fees Debicss Pmts End Sal w *#w*fifi**+##*#we*w#x****,rir*t#wfi w sw?rwxwfifi *x*w?w a+?Nwwwwfixt*?t******rwwN?w*w?*,?* AUUTTOMATTO JEN FEE 15.00 15.00 _ .00 ------19.00 - - 19.00 .00- rx**x*#st*wwx,r****tt*?r?twtr*xww*x?rk**+k**#**?k****?p*?tw*,t***tx#*,t,axww?rwwwwxkx**t*ftic*: End of Case Information x***#i*#+r***,r,rt*t*,?#wx*ww*xw+rtww;wfi**ww**w,efi*w*w*#s?rt**,t*,t+?a?,?*w+tfwwwef?r?t*,tf##?+? 1 my 2009 APR 23 l H: = 37 3 14, r . crkd L1r4 ` ?. ?ll}1 ? ? ; ti s a hills. _. 4-r Sheriffs Office of Cumberland County R Thomas Kline ?tv of 4.rttt?brry Edward L Schorpp Sheri' Solicitor G h. , Ronny R Anderson Jody S Smith Chief Deputy OFFICE of THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/27/2009 07:30 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 27, 2009 at 1930 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Janet M. Bryant-Scott, III, by making known unto Troy W. Scott, III, husband of defendant, at 212 Edenderry Way, Enola, Cumberland County, Pennsylvania, 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. 04/27/2009 07:30 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 27, 2009 at 1930 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Troy W. Scott, III, by making known unto Troy W. Scott, III personally, at 212 Edenderry Way, Enola, Cumberland County, Pennsylvania, 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $56.60 April 28, 2009 R er Docket No. 2009-2559 Countrywide Home Loans v Janet Bryant-Scott SHERIFF C? rv c?a 10 -n :? j R} rT?f SO A S, 00 P1 In the Court of Common Pleas of Cumberland County COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 Plaintiff vs. JANET M. BRYANT-SCOTT TROY W. SCOTT, III (Mortgagor(s) and Record Owner(s)) 212 Edenderry Way Enola, PA 17025 THE UNITED STATES OF AMERICA Defendant(s) No. 09-2559 PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against JANET M. BRYANT-SCOTT and TROY W. SCOTT, III BY DEFAULT FOR WANT OF AN ANSWER and THE UNITED STATES OF AMERICA IN ACCORDANCE WITH THE ATTACHED SIGNED STIPULATION Assess damages as follows: Debt Interest from 6/12/09 to Date of Sale per diem at $48.86 Total (Assessment of Damages attached) $268,001.69 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Michael T. McKeever Attorney for Plaintiff I.D. #56129 AND NOW 'el'4 i me acc9 , Judgment is entered in favor of COUNTRYWIDE HOME LOANS SERVICING, L.P. and against JANET M. BRYANT-SCOTT and TROY W. SCOTT, III BY DEFAULT FOR WANT OF AN ANSWER and THE UNITED STATES OF AMERICA by default for want of an Answer and THE UNITED STATES OF AMERICA IN ACCORDANCE WITH THE ATTACHED SIGNED STIPULATION damages assessed in the sum of $268,001.69 as per the above certification. PI." r thonotary ©KB ?, G(h,DBECK McCAFFERTY & McKEEVER BY: MICHAEL T. McKEEVER, ESQUIRE Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY v. JANET M. BRYANT-SCOTT TROY W. SCOTT, III AND UNITED STATES OF AMERICA Defendants STIPULATION CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-2559 It is hereby stipulated and agreed by and between COUNTRYWIDE HOME LOANS SERVICING, L.P., plaintiff, and the defendant, United States of America, as follows: 1. That the premises referred to in the Plaintiffs Complaint is owned by the defendant(s), JANET M. BRYANT-SCOTT and TROY W. SCOTT, III. 2. The plaintiff filed an action in mortgage foreclosure to the above number and term, and named as defendant(s), JANET M. BRYANT-SCOTT and TROY W. SCOTT, Ill. 3. The parties hereby agree that the United States of America shall, and hereby is, named as a party in the above action, in accordance with 28 U.S.C. § 2410 et seq. 4. The United States of America hereby accepts service of the complaint and waives its right to file an answer or other responsive pleading thereto, and waives any objection it may have to the judgment entered against the defendant(s). 5. The United States of America has 1 tax lien(s) against the property which is/are 01 •6 NV ! E AN 6002 ?1]:;f3338 4. subject to the action of mortgage foreclosure dated April 23, 2008, 2008-02593, totaling $12,585.47, both entered in the Prothonotary's office of Cumberland County Pennsylvania. 6. That the Federal Tax Liens described in Exhibit "A" to this Stipulation are junior in time to the Plaintiffs mortgage set forth in paragraph three (3) of plaintiff's Complaint. 7. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 8. That the defendant, United States of America, is not indebted to the plaintiff. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which was served on the defendant, United States of America. 10. That the judicial sale of said property shall discharge the Federal Tax Lien described in Exhibit "A". 11. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due the United States shall be sent to the Internal Revenue Service, PO Box 1267, Harrisburg, PA 17108-1267. The check shall be made payable to "United States Treasury" and shall include the name and social security number of the taxpayer. 12. That the defendant, United States of America, preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). 13. The parties to this Stipulation shall bear their own respective costs in this proceeding. Dated: May 5. 2009 By: ?Jf M chael T. McKeever, Esquire Attorney for Plaintiff Dennis C. Pfannenschmidt Chief, Civil Division Dated: AV BY: ? G SWW" Melissa Swauger Assistant U.S. Attorney Attorney for United States of America 79794FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLWOM ANY INFORMATIONOBT-7.4-INED FROM YOU VVIII BEUSED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 2b, 2009 TO: JANET M. BRYANT-SCOTT 212 Edenderry Way Enola, PA 17025 COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 Plaintiff" VS. JANET M. BRYANT-SCOTT TROY W. SCOTT, III (Mortgagor(s) and Record Owner(s)) 212 Edenderry Way Enola, PA 17025 THE UNITED STATES OF AMERICA TO: JANET M. BRYANT-SCOTT Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 09-2559 212 Edenderry Way Enola, PA 17025 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 79794FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT ONNED TO C i.-IENT- ANY -RUM ATION OBTAINED FROM YOU VM i RE [U.SFD - FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 26, 2009 TO: TROY W. SCOTT, III 212 Edenderry Way Enola, PA 17025 COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 Plaintiff VS. JANET M. BRYANT-SCOTT TROY W. SCOTT, III (Mortgagor(s) and Record Owner(s)) 212 Edenderry Way Enola, PA 17025 THE UNITED STATES OF AMERICA TO: TROY W. SCOTT, III 212 Edenderry Way Enola, PA 17025 Defendant(s) IMPORTANT NOTICE In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 09-2559 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 hvine Row Cadisie, PA 17013 717-243-9400 CUMBERLANDcotrwY BAR ASSOCIATION 2 L'bety Avenuc Cadisle. PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 Sheriffs Office of Cumberland County R Thomas Kline untr at camGrr4 Edward L Schorpp Sheriff 9 Solicitor Ronny R Anderson T= Jody S Smith Chief Deputy OFF= of :H6 $hEWF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/27/2009 07:30 PM - Shawn Harrison, Deputy Sheriff, who being duly swom according to law, states that on April 27, 2009 at 1930 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Janet M. Bryant-Scott, III, by making known unto Troy W. Scott, Ill, husband of defendant, at 212 Edenderry Way, Enols, Cumberland County, Pennsylvania, 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. 04/27/2009 07:30 PM - Shawn Harrison, Deputy Sheriff, who being duty sworn according to law, states that on April 27, 2009 at 1930 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Troy W. Scott, III, by making known unto Troy W. Scott, III personally, at 212 Edenderry Way, Enola, Cumberland County, Pennsylvania, 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST. $56.60 April 28, 2009 Docket No. 2009-2559 Countrywide Home Loans v Janet Bryant-Scott '? ? 2?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AFFIDAVIT OF SERVICE COUNTRYWIDE HOME LOANS SERVICING, INC. JANET M. BRYANT-SCOTT TROY W. SCOTT, KKK Plaintiff (Petitioner) vs. Defendant (Respondent) CASE and/or DOCKET: 09-2559 SHERIFF'S SALE DATE: I, S declare that I am a Pennsylvania State Constable and/or Process Server, in and for the County of Berke that I am not a party to this action, not an employee of a party to this action, or an attorney to the action, and that within the boundaries of the state were service was effected. I was authorized by law to perform the said service. SERVICE UPON: UNITED STATES OF AMERICA ADDRESS: 228 WALNUT ST, 2ND FL, FEDERAL BLDG, HARRISBURG PA 17101 On: 5-/ V' 07 At: 10) )5 fm Description: Approximate Age A Height 5'3 'Weight 115Race W Sex f Hair - With Documents: STIPULATION, NOTICE, COMPLAINT IN CIVIL ACTION ORTAGAGE FORECLOSURE Manner of Service By handing to: ? DEFENDANT(S) PERSONALLY SERVED ? ADULT FAMILY MEMBER WITH WHOM THE SAID DEFENDANT(S) RESIDE. ? NAME: RELATIONSHIP: ? ADULT IN CHARGE OF DEFENDANTS RESIDENCE. ? NAME: RELATIONSHIP: ? POSTED PROPERTY AGENT OR PERSON IN CHARGE OF PLACE OF BUSINESS. NAME: K l+- W i SC a LLp_+_ TITLE: A44-Ain . F.rss+ ? MILITARY STATUS: NO / YES BRANCH: COMMENTS: DEFENDANT WAS NOT SERVED BECAUSE: _ MOVED -UNKNOWN NO ANSWER -VACANT -OTHER: SERVICE WAS ATTEMPTED ON THE FOLLOWING DATES/TIMES: 1.) 2.) 3.) SWORN TO AND SUBSCIBED BEFOt ME THIS 9 DAY OF KA.L/ , 2009 NOTARY N6 T ARiAL SEAL TERESA A. MINZOLA, Notary Pubk Washington Twp,, Berks County r mrrrission Evi vs d' 4 S SERVER 79794FC 1180, 93 EAST MAIN STREET, BAY SHORE, NY 11706 631.666.6168 631.666.6295 (f) VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JANET M. BRYANT-SCOTT, is about unknown years of age, that Defendant's last known residence is 212 Edenderry Way Enola, PA 17025, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: 01?eI VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, TROY W. SCOTT, III, is about unknown years of age, that Defendant's last known residence is 212 Edenderry Way Enola, PA 17025, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 Plaintiff vs. JANET M. BRYANT-SCOTT TROY W. SCOTT, III (Mortgagor(s) and Record owner(s)) 212 Edenderry Way Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 09-2559 THE UNITED STATES OF AMERICA ORDER FOR JUDGMENT Please enter Judgment in favor of COUNTRYWIDE HOME LOANS SERVICING, L.P., and against JANET M. BRYANT-SCOTT and TROY W. SCOTT, III for failure to file an Answer in the above action within (20) days THE UNITED STATES OF AMERICA IN ACCORDANCE WITH THE ATTACHED SIGNED STIPULATION from the date of service of the Complaint, in the sum of $268,001.69. Michael T. McKeever Attorney for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 and that the name(s) and last known address(es) of the Defendant(s) is/are JANET M. BRYANT-SCOTT, 212 Edenderry Way Enola, PA 17025 and TROY W. SCOTT, III, 212 Edenderry Way Enola, PA 17025; GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 06/01/2008 through 06/11/2009 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 3 X $490.81 $234,529.22 $18,371.35 $11,726.46 $1,002.23 $900.00 $1,472.43 $268,001.69 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff AND NOW, this 424 day of 2009 damages are assessed as above. dzk57A? PI; Prothy --?7 OF THE P O ?? C icy aa?'?s9 f Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 Plaintiff vs. JANET M. BRYANT-SCOTT TROY W. SCOTT, III (Mortgagors and Record Owner(s)) 212 Edenderry Way Enola, PA 17025 THE UNITED STATES OF AMERICA No. 09-2559 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE .,?tter h en r against you. Notice is given that a judgment in the above-captioned ' F 4r urt Long Prothone By: Deputy If you have any questions concerning the above, please contact: Michael T. McKeever &11409 Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ` PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3184-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 vs. JANET M. BRYANT-SCOTT TROY W. SCOTT, III Mortgagor(s) and Record Owner(s) 212 Edenderry Way Enola, PA 17025 THE UNITED STATES OF AMERICA IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-2559 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 6/12/09 to Date of Sale per diem at $48.86 (Costs to be added) $268,001.69 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff 01- 1431 ? $o tub ? p a 0* ton CYIN N i t.. L yt'.. 7 N U r+ ? V ? w O ?? H w L-? d r?+ C` 3 12 raj O u, ?, ° 42 w R G `? ?C 0 2 ,W O c ?o 71 W W O A w ? V 0 Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 Plaintiff vs. JANET M. BRYANT-SCOTT TROY W. SCOTT, III Mortgagor(s) and Record Owner(s) 212 Edenderry Way Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 09-2559 THE UNITED STATES OF AMERICA CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Michael T. McKeever Attorney for plaintiff rR 2 0 0 9 JUN 12 PM 12: l Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW JANET M. BRYANT-SCOTT TROY W. SCOTT, III (Mortgagor(s) and Record Owner(s)) 212 Edenderry Way Enola, PA 17025 ACTION OF MORTGAGE FORECLOSURE Defendant(s) THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 No. 09-2559 COUNTRYWIDE HOME LOANS SERVICING, L.P., Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 212 Edenderry Way Enola, PA 17025 I.Name and address of Owner(s) or Reputed Owner(s): JANET M. BRYANT-SCOTT 212 Edendenry Way Enola, PA 17025 TROY W. SCOTT, III 212 Edenderry Way Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: JANET M. BRYANT-SCOTT 212 Edenderry Way Enola, PA 17025 TROY W. SCOTT, III 212 Edenderry Way Enola, PA 17025 THE UNITED STATES OF AMERICA Suite 220, Federal Building 228 Walnut Street Harrisburg, PA 17108 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: ATLANTIC CREDIT & FINANCE INC. 2727 Franklin Road Roanoke, VA 24014 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 COUNTRYWIDE HOME LOANS INC. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 COMMONWEALTH OF PA. Bureau of Compliance Department 280946 Harrisburg, PA 17128 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street P.O. Box 15530 Harrisburg, PA 17105 PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street P.O. Box 15057 Harrisburg, PA 17101 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 212 Edenderry Way Enola, PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: June 11, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. ALE[__r OF THE 2009 JUN 12 P 12: '151 09-2559 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 Plaintiff vs. JANET M. BRYANT-SCOTT TROY W. SCOTT, III Mortgagor(s) and Record Owner(s) 212 Edenderry Way Enola, PA 17025 THE UNITED STATES OF AMERICA Defendant(s Term No. 09-2559 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BRYANT-SCOTT, JANET M. JANET M. BRYANT-SCOTT 212 Edenderry Way Enola, PA 17025 Your house at 212 Edenderry Way, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, December 09, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $268,001.69 obtained by COUNTRYWIDE HOME LOANS SERVICING, L.P. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 09-2559 1. The sale will be cancelled if you pay to COUNTRYWIDE HOME LOANS SERVICING, L.P., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.orp,/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 09-2559 09-2559 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionkgoldbecklaw.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 79794FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 09-2559 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 Plaintiff vs. JANET M. BRYANT-SCOTT TROY W. SCOTT, III Mortgagor(s) and Record Owner(s) 212 Edenderry Way Enola, PA 17025 THE UNITED STATES OF AMERICA Defendant(s of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-2559 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SCOTT, III, TROY W. TROY W. SCOTT, 111 212 Edenderry Way Enola, PA 17025 Your house at 212 Edenderry Way, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, December 09, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $268,001.69 obtained by COUNTRYWIDE HOME LOANS SERVICING, L.P. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: 09-2559 1. The sale will be cancelled if you pay to COUNTRYWIDE HOME LOANS SERVICING, L.P., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: htip://www.philadelphiafed.orgjforeclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 09-2559 09-2559 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http•//www phfa org,/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention&goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 79794FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2559 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS SERVICING, L.P., Plaintiff (s) From JANET M. BRYANT-SCOTT and TROY W. SCOTT, III (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $268,001.69 L.L. $.50 Interest from 6/12/09 to Date of Sale per diem at $48.86 - to be determined Atty's Comm % Due Prothy $2.00 Atty Paid $175.60 Other Costs Plaintiff Paid Date: 6/12/09 urtis R. Lon , th6ot ( Seal) By: Deputy REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff ;ONO ?'J?BERL yEL? A?lATY PENNS COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 Plaintiff vs. JANET M. BRYANT-SCOTT TROY W. SCOTT, III 212 Edenderry Way Enola, PA 17025 Defendant(s) PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate the judgment upon payment of your cg` only. No. 09-2559 By: G L BECK M AFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 ristina Murtha Pa. ID 61858 avid Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff 'MA? $ $ . a Ct'tt SS8-?30 V*aS5$Sa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 Plaintiff vs. JANET M. BRYANT-SCOTT TROY W. SCOTT, III 212 Edenderry Way Enola, PA 17025 Defendant(s) THE UNITED STATES OF AMERICA IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-2559 CERTIFICATE OF SERVICE Natasha Perez, hereby certifies that he/she did serve true and correct copies of Praecipe to Vacate Judgment and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on JANET M. BRYANT-SCOTT 212 Edenderry Way Enola, PA 17025 TROY W. SCOTT, III 212 Edenderry Way Enola, PA 17025 B Goldbeck McCafferty & McKeev Natasha Perez, Legal Assistant NPerez@goldbecklaw.com 215-825-6384 (Direct Phone) I: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 Plaintiff VS. JANET M. BRYANT-SCOTT TROY W. SCOTT, III 212 Edenderry Way Enola, PA 17025 Defendant(s) No. 09-2559 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and,re? upon payr,Ke'nt oVour costs only. By: V,y?o THE PROTHONOTAR" 2011 MAR - I AM I I' gimnFRI GNn COUNTY p_ENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GO CK MCCAF&RTY & M M ael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 / David Fein Pa. ID 82628 c/ Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff w GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 Corporate Drive PTX C 35 Plano, TX 75024 Plaintiff VS. JANET M. BRYANT-SCOTT TROY W. SCOTT, III 212 Edenderry Way Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-2559 Defendant(s) THE UNITED STATES OF AMERICA CERTIFICATE OF SERVICE Natasha Perez, hereby certifies that he/she did serve true and correct copies of Praecipe to Discontinue and End and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on s C t JANET M. BRYANT-SCOTT 212 Edenderry Way Enola, PA 17025 TROY W. SCOTT, III 212 Edenderry Way Enola, PA 17025 B ._ Goldbeck McCafferty & McKeever Natasha Perez, Legal Assistant NPerez@goldbecklaw.com 215-825-6384 (Direct Phone)