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HomeMy WebLinkAbout01-0251FEDERMAN 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 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE 4000 HORIZON WAY, iRVING, TX 75063 Plaintiff VICKI BOUDMAN C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. 0(- 3D-/ CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **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 1N 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 ~ou 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. Loan #: 0009165861 CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Plaintiff is: FIRST HORIZON HOME LOAN CORPORATION, F/K/A FI' MORTGAGE COMPANIES, D/B/A MNC MORTGAGE 4000 HORIZON WAY, IRVING, TX 75063 The name(s) and last known address(es) of the Defendant(s) are: VICKI BOUDMAN C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/11/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1421, Page 1103. 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 1/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 12/1/99 through 12/1/00 (Per Diem $32.08) Attorney's Fees Cumulative Late Charges 12/11/97 to 12/1/00 Cost of Suit and Title Search Subtotal $159,283.96 11,741.28 4,000.00 786.04 750.00 $176,561.28 Escrow Credit 0.00 Deficit 1,498.46 Subtotal $1,498.46_ TOTAL $178,059.74 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 Sheriff's 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. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 9I of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Nohce to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLA1NTIICF demands an in rem Judgment against the Defendant(s) in the sum of $178,059.74, together with interest from 12/1/00 at the rate of $32.08 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, ESQUIILE Attorney for Plaintiff 11/7/00 VICKI BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE PA 17013 FIRST HORIZON HOME LOANS 4000 HORIZON WAY IRVING, TX 75063 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on ,/our home is in default, and the lender intends to foreclose. S~ecific information about the nature of the default is orovided in the attached nages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helr~ to save your home. This notice ex!~lains how the prom'am works. To see if HEMAP can help, you must MEET XVITH A CONSUMER CREDIT COUNSELING AGENCYWITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your Count,? are listed at the end of this Notice. If you have any ~luestions, you ma',/call the Pennsylvania Housing Finance ARancy toll fi'ce at 1-800-342-2397. {Persons with impaired hearing; can call {707) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fred a lawyer. LA NOTIICACION EN EDJUNTO ES DE SUMA IMPORTANC1A, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBERO MENC1ONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERI)IDA DEL DERECHO A REDIMIR SU HIPOTECA. I 1 ~7~00 C BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE PA 17013 FIRST HORIZON HOME LOANS 4000 HORIZON WAY IRVING, TX 75063 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortga~;e on '-,,our home is in default, and the lender intends to foreclose. Si>celtic information about the nature of the default is l>rovided in the attached l>ages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to hell> to save your home. This notice exl>lains how the l~rogram works. To see if HEMAP can helu, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCYWITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any auestions, you may call the Pennsylvania Housing Finance A~ency toll free at 1-800-342-2397. (Pemons with impaired hearin~ can call (707) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIICACION EN EDJUNTO ES DE SUMA 1MPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBERO MENCIONADO ARR1BA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHtBff A_ C BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE PA 17013 ACCT #9165861 FIRST HORIZON HOME LOANS HOWEOWNER'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 IF YOU COMYLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAEG ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAE PAYMENTS, AND *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT I301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAE 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 at, er the date of this meeting. The names, addresses and teleohone numbers of desienated consumer credit counselin~ aeencies for the county in which the orooertv 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 ~mmediatel¥ 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). I 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 a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS ET FORTH IN THIS LETTER, FORECLOUSRE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. t 'XHIBiT A 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 oroceedin~s will be oursued aoainst you if you have met the time re~luirements set forth above. You will be not'ffled 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 TOCOLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uo to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 26 WEST EPPLEY DRIVE CARLISLE PA 17013 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: Due 1/1/00-11/1/00 Payment Amount Due = $14371.06 Late Charges = $786.04 Other charges (explain/itemize): Bad Check Fee $ 0.00 Other Fees $96.98 Minus Suspense -- $ 0.00 TOTAL AMOUNT PAST DUE: $ 15254.08 B. 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 PAYNG THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $15254.08 MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Atto: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not anvlicable.) ¢'XHIBIT A., IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose uoon your mortgaged orol}erty. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay offthe mortgage debt. If the lender refers your case to it's attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY veriod, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riv, ht to cure the default and prevent the sale at an,/tie up to one hour before the Sheriff's Sale. You may do so by pavin~ the total amount then past due, plus any late or other char~es then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writin~ by the lender and by performing, any other recluirements under the mort~ac,e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately _9__months from the date of this Notice. A notice of the actual date of the Sheriff's 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 fred out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Loan Counseling Dept. 1-800-707-9998/Phone 1-214-672-3922/Pax EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at anytime. ASSUMPTION OF MORTGAGE-You x__ may or may not (CHECK ONE) 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 THEMORTGAE DEBT OR TO BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRT PARTY ACTING ON YOUR BEHLF. *TO HAVE THEMORTGAGE RESTORED TO THE SAME POSITOIN 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 FORECLOUSRE 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. Sincerely, Cartier A. Caldwell DefaultReferralSpe¢ialistII IBi'T A PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REv. 8/oo) Lycoming-Clinmn Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamapor~, PA 17703 (570) 326-0587 FAX (570) 322-2197 CLINTON COUNTY CCCS of Northeustem PA 1631 South Atherton St., Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 CCCS of Not,eastern PA 201 Basin Street Williamaport. PA 17703 (570) 323-6627 FAX (570) 323-6626 3 t W. Market Street POB I[27 Wilkes-Baixe. PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzeme County 163 Amber L~e Wilkes-Barre. PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665~-(Call Before Faxing) (570)4554994 H~zeltown FAX (570) 455.563 l~-(Call Before Faxing) (570) 8364090 Tunkhannoek Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 COLUMB~ COL~OFY CRAWFORD COUNTY John F Kennedy Center, Inc. 2021 East 20'a Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsytvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6* Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 l~i~' Street Hamsburg. PA 17104 (7 I7) 2324757 FAX (717) 234-2227 CUMBERLAND COUNTY 1400 Abington Executive Park Suite I C la'ks SummiL PA 18411 (570) 5874163 or (800) 922-9537 FAX (570) 5874134-9135 Greater Erie Community Action Committee 18 West 9' Street Erie, PA 16501 (814)4594581 FAX (814) 456-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Fan'ell, PA 16121 (412) 981.5310 Financial Counseling Services of Franldin 31 West 3~ Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 ~G" Street Carlisle, PA 17013 m (717) 243-38 I8' FAX (717) 7314589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg. PA 17325 (717)3344518 FAX 334-8326 THAT CERTAIN =race of lard oituate in South Middleton Township, ~age 115, revised 4/10/96, as followsc ~es=, a dis=ante of 150.00 .feet to an iron pin; =hence along Lot .00.00 fee= to an'iron pin; thence along Lot ~, Section 2-A, South 03 [egress 17 minutes and 08 seconds Eaa~, a distance of lSl.02 feet =c an ~oint in the right of way line; =hence =ontinuing along the nor=hem right ~ONTAININ~ 15, 000.00~square ~eet and desig~aned a~ Lot ~4, Section ~-A of ~len o~ Forgedale C~6eeing. ~EING THE SAME PREMISES W~4ICH John E. Anderson and Pauline ~. Anderson. ~usband an~ wi~s, and Robert A. Thoma~ and Deborah J. Thomas, husband and ~ife, by deed da=ed 6/2~/97 and recorded 6/26/99 in the Recorder of Deedm )ffice, in and for Cumberland County, Pennsylvania, in Record Book 160 page /'REMISES ON: 26 WEST EPPLEY D~IVE, CARLISLE, PA 17013 VERIFICATION RICHARD MINOR hereby states that he is ASSISTANT V.P. of FIRST HORIZON HOME LOANS CORPORATION mortgage servicing agem 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 true and correct 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 unswom falsification to authorities. DATE: ASSISTANT VI C PRESIDENT SHERIFF'S RETURN - NOT FOUND C{~SE NO: 2001-00251 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS BOUDMA/q VICKI ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named defendant, BOUDMAN VICKI unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , NOTICE the within named DEFENDANT ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT but was He therefore returns the BOUDMAN VICKI DEFENDANT NO LONGER RESIDES AT ADDRESS STATED DID , NOT POUND , as to NOT RECEIVE FURTHER INSTRUCTIONS FROM ATTY. PRIOR TO EXP. DATE, RETURN NOT FOUND AS PER JASON RICCO ON 2/23/01. Sheriff's Costs: Docketing 18.00 Service 3.10 Not Found Return 5.00 Surcharge 10.00 .00 36.10 So answers: ~ , ./// ~ R. ~homas Kline ? Sheriff of Cumberland County FEDERMAN & PHELAN 02/23/2001 Sworn and subscribed to before me this ~ g -- day of ~-~ ~ ~ A.D. Pro~hbnot ary ; SHERIFF'S RETURN CASE NO: 2001-00251 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - NOT FOUND FIRST HORIZON HOME LOAi~ CORP VS BOUDMAN VICKI ET AL Thomas Kline duly sworn according to inquiry for the within named defendant, BOUDMAN C BLAINE unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , NOTICE ,Sheriff or Deputy Sheriff, who being law, says, that he made a diligent search and DEFENDANT but was the within named DEFENDANT He therefore returns the , BOUDMAN C BLAINE DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, DID NOT FOUND , as to EXP. DATE, FURTHER INSTRUCTIONS FROM ATTY PRIOR TO PER JASON RICCO ON 2/23/01. an s we~.~.~ ~ -~ R.' Thomas Kline Sheriff of Cumberland County NOT RECEIVE RETURN NOT VOUND AS Sheriff's Costs: Docketing 6.00 Service .00 Not Found Return 5.00 Surcharge 10.00 .00 21.00 FEDERMAN & PHELAN 02/23/2001 Sworn and subscribed to before me this ~ ?~ day of J~ -~J~ / A.D. ~rdthonotary FEDERMAN 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 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE 4000 HORIZON WAY, IRVING, TX 75063 Plaintiff VICKI BOUDMAN C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 ATTORNEY FOR PLAINTI~F COURT OF COMMON PLEAS CIViL DIVISION TERM No. OI- d -I CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **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 1N 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. We hereby certify the within to be & true end oo.r~c~ copy of the ortgfnal ~d of record CUMBERLAND COUNTY FEDERMAN AND PHELAN CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0009165861 Plainfiffis: FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE 4000 HORIZON WAY, IRVING, TX 75063 The name(s) and last known address(es) of the Defendant(s) are: VICKI BOUDMAN C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/11/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1421, Page 1103. 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 1/I/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 12/1/99 through 12/1/00 (Per Diem $32.08) Attorney's Fees Cumulative Late Charges 12/11/97 to 12/1/00 Cost of Suit and Title Seamh Subtotal $159,283.96 11,741.28 4,000.00 786.04 750.00 $176,561.28 Escrow Credit 0.00 Deficit 1,498.46 Subtotal $1,498.46 TOTAL $178,059.74 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 SherifPs 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. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINT~F demands an in rem Judgment against the Defendant(s) in the sum of $178,059.74, together with interest from 12/1/00 at the rate of $32.08 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. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 11/7/00 VICKI BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE PA 17013 FIRST HOKIZON HOME LOANS 4000 HORIZON WAY IRVING, TX 75063 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee on your home is in default, and the lender intends to foreclose. Soecific information about the nature of the default is provided in the attached mees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to hel¢ to save your home. This notice explains how the proeram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCYWITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling, A~encv. The name, address and phone number of Consumer Credit Counselin~ A~,ancies servin~ your County are listed at the end of this Notice. If you have any cmestions, you may call the Pennsylvania Housin,, Finance Aeancv toll free at 1-800-342-2397. (Persons with imCaired hearine can call (707) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fred a lawyer. LA NOTIICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 11/7/00 C BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE PA 17013 FIRST HORIZON HOME LOANS 4000 HORIZON WAY IRVING, TX 75063 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortt, a~,e on your home is in default, and the lender intends to foreclose. Soecific information about the nature of the default is vrovided in the attached va~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helr~ to save your home. This notice exvlains how the vro~,ram works. To see if HEMAP can heh0, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCYWITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseline Aaenc¥. The name, address and rhone number of Consumer Credit Counseline A~encies servin~ your County are listed at the end of this Notice. lfvou have any cluestions, you ma,,' call the Pennsylvania Housino Finance A~,encv toll free at 1-800-342-2397. (Persons with imvaired hearing, can call (707) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fred a lawyer. LA NOTIICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. C BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE PA 17013 ACCT #9165861 FIRST HORIZON HOME LOANS HOWEOWNER'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 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAEG ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAE PAYMENTS, AND *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Undar the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAE UP TO DATE. CONSUMER CREDIT COUNSELING AG ENCIES-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 telel~hone numbers of designated consumer credit counselin~ a~encies for the count,/in which the Drooertv 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). I you have tried and are unable to resolve this problem with the lender, you have the right to apply for f'mancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS ET FORTH IN THIS LETTER, FORECLOUSRE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are ver~ 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 oroceedin~s will be oursued a~ainst 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 TOCOLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uo to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 26 WEST EPPLEY DRIVE CARLISLE PA 17013 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: Due 1/1/00-11/1/00 Payment Amount Due = $14371.06 Late Charges = $786.04 Other charges (explain/itemize): Bad Check Fee = $ 0.00 Other Fees = $96.98 Minus Suspense = $ 0.00 TOTAL AMOUNT PAST DUE: $ 15254.08 B. 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 PAYNG THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $15254.08 MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Atto: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not aovlicable.) XHIBITA.., IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total mount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to sma legal action to foreclose uoon your mortaaged orooert~. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to it's attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attomey's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY oeriod, run will not be required to Day attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riedat to cure the default and orevent the sale at any tie uo to one hour before the Sheriff's Sale. You ma,/do so bY vavint, the total amount then oast due, olus any late or other char~es then due. reasonable attorne`/'s fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as soecified in writint, by the lender and by oerformine any other re0uiremcnts under the mort~,a~,e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriff's 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 fred out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Arm: Loan Counseling Dept. 1-800-70%9998/Phone 1-214-672-3922/Fax EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at an~ime. ASSUMPTION OF MORTGAGE-You x may or may not (CHECK ONE) 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 THEMORTGAE DEBT OR TO BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRT PARTY ACTING ON YOUR BEHLF. *TO HAVE THEMORTGAGE RESTORED TO THE SAME POSITOIN 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 FORECLOUSRE 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. Sincerely, Cartier A. Coldwell Default Referral Specialist II PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY A~SISTANCE PROGIL-~M CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln S~'cct P.O. Box 1328 Williamspo~L PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Non,eastern PA 201 B~sin Street Willim~apor~ PA 17703 (570) 323-6627 FAX (570) 323-~626 CLINTON COUNTY COLUMB~ COL~TY CRAWFORD COI~TY CUMBERLAND COL%'TY 31 W Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opporamity of Lucerne County 163 Amber Lane Wilkes-Barre. PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-~(Call Before Faxing) (570) 455-4994 HazeRown FAX (570) 455-563 l--(Call Before Faxins) (570) 836-4090 Tunkhannock Booker T. W~hington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, lac. 2021 East 20* Street Erie, PA 165 l0 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 U~ban League of Metropolitan Harrisburg N. 6* Street Har~sburg, PA 1710[ (717) 234-5925 FAX (717) 234-9459 Community Action Corem of~c Capital Region 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CCCS of Northeastern PA 1631 South Atherton St., Suite 100 State College, PA 16801 (814) 2~8-3668 FAX (814) 238-3669 1400 Abington Executive park Suite t Claris SctmmiL PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West 9* Street Erie, PA 16501 (814) 459-458 ! FAX (814) 456-016I Shenango Valley Urban League, lac, 601 ladia~a Avenue Fartell, PA 16121 (~,12) 981-5310 Financial Counseling Services of Fmnklin 31 West 3'~ Street WaFaesboro, PA 17268 (717) 762-3285 YWCA of Cariisle 301 "G" Street Carlisle, PA 17013 ~ (717) 243-3818 F,~X (717) 731-9589 Adm'ns County Housing Au~hori~ 139-143 Carlial¢ SC Getx'ysburg, PA 17325 (717) 334-1518 FAX 334-8326 office of the Raco~dar o£ D~e~e for Cung~rland county in Plan ~ook 72 · 15, revised 4/10/96, am follows: .00.00 fee= to an'iron pin; thence alon~ Lot 33, Section 2-A, Souuh 03 .ran pin *n =ha nor=hem right of way line of Wes= Eppley Drive; =hence ~long said nor=hem right of way line of Wes= E~ley Drive, by a curve uo :he le~= havin~ a radius of 49~.00 fe*t an~ arc distance of 31.8S fee= to ~econds West, a distance o~ 68.1S feet to an iron pin at LO= 35, Section CONTAINING 15,000.00jquare fee= and ~esi~%a=ed a~ Lo= 34, Sec=ion 2~A of 'lan of Forgedale Cg0ssing. ~EING T~E S~%ME PREMISES W~qICR John E. A~derson and Pauline ~. A~.derson, .usband a~d wife, and Robert A. Thomas an~ Deborah J. Thomas, husband and 'ifa, by deed daued 6/22/97 and remorded 6/26/9T in the Recorder of Deed$ ,ffice, in and for Cumberland County, Pennsylvania, in Record Book 160 page 'REMISES ON: 26 WEST EPPLEY DRIVE, CARLISLE~ PA 17013 VERIFICATION RICHARD MiNOR hereby states that he is ASSISTANT V.P. of FIRST HORIZON HOME LOANS CORPORATION 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 true and con'ect 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 unswom falsification to authorities. ASSISTANT VICE PRE,;iDENT FEDERMAN 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 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE 4000 HORIZON WAY, IRVING, TX 75063 Plaintiff VICKI BOUDMAN C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. CUMBERLAND COLrNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIILM 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. hereby certit'y the vithin to be a true end ;orreet oopy of the )rlglrml filed of re~ord -'EDERMAN AND PHELAN Loan #: 0009165861 CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Plaintiff is: FIRST HORIZON HOME LOAN CORPORATION, F/FdA FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE 4000 HORIZON WAY, IRVING, TX 75063 The name(s) and last known address(es) of the Defendant(s) are: VICKI BOUDMAN C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/11/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1421, Page 1103. 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 1/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 12/1/99 through 12/1/00 (Per Diem $32.08) Attorney's Fees Cumulative Late Charges 12/11/97 to 12/1/00 Cost of Suit and Title Search Subtotal $159,283.96 11,741.28 4,000.00 786.04 750.00 $176,561.28 Escrow Credit 0.00 Deficit 1,498.46 Subtotal $1,498.46 TOTAL $178,059.74 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. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $178,059.74, together with interest from 12/I/00 at the rate of $32.08 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. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 1 I/7/00 VICKI BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE FA 17013 FIRST HORIZON HOME LOANS 4000 HORIZON WAY IRVING, TX 75063 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. S~>ecific information about the nature &the default is vrovided in the attached pa-,es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to hell> to save your home. This notice explains how the proeram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCYWlTHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counselin~ Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your Count~ are listed at the end of this Notice. If you have anv ouestions~ you may call the Pennsylvania Housing Finance Al~encv toll fi'ee at 1-800-342-2397. (Persons with imoaired hearing can call (707) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fred a lawyer. LA NOTIlCACION EN ED JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO FOR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RED[MIR SU HIPOTECA. -?Ai41BIT A 11/7/00 C BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE PA 17013 FIRST HORIZON HOME LOANS 4000 HORIZON WAY IRVING, TX 75063 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort~at, e 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 pa~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the proeram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COLFNSELING AGENCYWITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling, Ac, ency. The name, address and phone number of Consumer Credit Counseline Affencies servine your Count-,, are listed at the end of this Notice. If you have any ouestions, you may call the Penns¥1vania Housin~ Finance Agency toll free at 1-800-342-2397. (Persons with Mapaired hearinat can call (707) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIICACION EN ED JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DER. ECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBERO MENCIONADO ARPdBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. C BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE PA 17013 ACCT #9165861 FIRST HORIZON HOME LOANS HOWEOWNER'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 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAEG ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAE PAYMENTS, AND *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30} DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAE 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 desimaated consumer credit counseling, a~encies for the count,/in which the orogeny 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 defauI0. I you have fried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance fi'om the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR lF YOU DO NOT FOLLOW THE OTHER TIME PERIODS ET FORTH IN THIS LETTER, FORECLOUSRE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 'XHIBIT A AGENCY ACTION- Available funds for emergency mortgage assistance are vevd 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 vroceedln~s will be oursued a~,alnst you if you have met the time recmirements 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 TOCOLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (BrinR it uo to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 26 WEST EPPLEY DRIVE CARLISLE PA 17013 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: Due I/I/00-11/1/00 Payment Amount Due = $14371.06 Late Charges = $786.04 Other charges (explain/itemize): Bad Check Fee $ 0.00 Other Fees $96.98 Minus Suspense = $ 0.00 TOTAL AMOUNT PAST DUE: $ 15254.08 B. 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 PAYNG THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $15254.08 MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERiOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Atto: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not avplicable.) EXHIBITA ., IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mort~affed oroDerty. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay offthe mortgage debt. If the lander refers your case to it's attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30~ DAY period, you will not be required to pay attorney's fees. 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 tie up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other chareas then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writinc, bY the lender and by performing, any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately _9__months from the date of this Notice. A notice of the actual date of the Sheriff's 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 fred out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Arm: Loan Counseling Dept. 1-800-707-9998/Phone 1-214-672 -3922/Fax EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at ASSUMPTION OF MORTGAGE-You __x__ may or may not (CHECK ONE) sell or transfer your home to a bayer 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 TI-IEMORTGAE DEBT OR TO BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRT PARTY ACTING ON YOUR BEI-ILF. *TO HAVE THEMORTGAGE RESTORED TO THE SAME POSITOIN 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 FORECLOUSRE 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. Sincerely, Cartier A. Caldwell Default Referral Specialist II PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REv. 8~oo) CLINTON COUNTY COLUMBIA COL~'NTY CRAWFORD CO L%'TY Lycoming-Clinton Counties Commialon for Community Action (STEp) 2138 Lincoln Street P.O. Box 1328 Williamsport, PA 17703 (570) 326-0587 F.~X (570) 322-2197 CCC$ of Northe~tem PA 201 Brain Street William.sport, PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W Market Street POB 1127 Wilkes-Ba~e, PA 18702 ($70) 821-0837 et (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Lgz~me County 163 Amber Lane Wilkes-Bane. PA 18702 (570) 826-05 I0 or (gOO) 822-0359 FAX (570) 829.1665--.(Call Befor~ Faxing) (570) 455-4994 Hazeltown FAX (570) 455-$631-~(Call Before Faxing) (570) 836-4090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kenned:/Center, [nc. 202I East 20~' Street Erie, PA 16510 (8 [ 4) 898-0400 FAX (814) 898-1243 CCC$ of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg' PA 17102 (717) 541-1757 Urban League et'Metropolitan Harrisburg N. 6'~ Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 22,4-9459 Community Action Corem of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CUMBERLAND COUN~'Y CCCS of Northeastern PA 1631 South Afoerton St., Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abing~on Executive Park Suite l Clarks Summit. PA 18411 (570) 587-9163 or (800) 922-9537 Fg.X (570) 587-9 I34-9135 Greater Erie Community Action Committee 18 West 9* Street Erie, PA 16501 (814)459-4581 FAX (8 I4) 456-016i Shenangu Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 Financial Counseling Services of Franlclin 31 West 3n Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G' Street Carlisle, PA 17013 ~ (717) 243-3818' FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle SL Getrysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 Cumberland Court=y, ~ennsylvania, bou/~ded and described in accordance wi=h a 0NTAININ= 15,000.00~.~quare feet an~ designated a~ Lo= ~4, Secuion 2-A of THE SA~4E ~REMISES W~qICH John E, Anderson and Pauline E. Anderson, '~M/SES ON: 26 WEST EPPLE~ DR/VE, CARLISLE, PA 17013 VERIFICATION R/CHARD MINOR hereby states that he is ASSISTANT V.P. of FIRST HORIZON HOME LOANS CORPORATION 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 aue and correct 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 unsworn falsification to authorities. DATE: ASSISTANT VI CE PRESIDENT FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215}563-7000 Attorney for Plaintiff RIST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE Plaintiff VS. VICKI BOUDMAN C. BLAINE BOUDMAN Defendants COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 01-251 pRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in with reference to the above captioned matter. Mortgage Foreclosure Date: March 1, 2001 Attorney for Plaintiff SHERIFF'S RETURN - CASE NO: 2001-00251 P COMMONWEALTH OF pENNSYLVANIA: COUNTY OF £UMBERLJkND FIRST HORIZON HOME LOAN CORF VS BOUDMAN VICKI ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT BOUDMAN C BLAINE but was unable to locate Him deputized the sheriff of YORK , Sheriff or Deputy Sheriff who being says, that he made a diligent search and serve the within COMPLAINT - MORT FORE/REISSUED /Note: P.O. PROVIDED BY YORK COUNTY DOES NOT HAVE A CORRESPONDING STREET ADDRESS On March 16th , 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10,00 .00 .00 16.00 03/16/2001 FEDERMAN & PHELAN So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~g~r day of ~ A.D. Prot honotZary to wit: He therefore Pennsylvania, to in his bailiwick. County, SHERIFF'S CASE NO: 2001-00251 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJ~ND FIRST HORIZON HOME LOAN CORP VS BOUDMAN VICKI ET AL RETURN - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT BOUDMAN VICKI but was unable to locate Her deputized the sheriff of YORK serve the within COMPLAINT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, - MORT FORE/REI He therefore Pennsylvania, to On March 16th , 2001 attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep. York Co 18.00 9.00 10.00 39.56 .00 76.56 03/i6/200i FEDERMAN & PHEL~AN Sworn and subscribed to before me this a? ~ day of ~ A.D. Prothonota'r~ this office was in receipt of the R. Thomas Kline Sheriff of Cumberland County lof2 COUNTY OFYORK OFFICE OF THE SHERIFF 28 EAST MARKET S~:, YORK, PA 174~1 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1, PLAINTIFF/S/ ?irs~ Horizon Homo Loan Corp. et. 3. DEFENDANT/S/ SERVICE CALL (717) 771-9601 INSTRUCTIONS PLEASE TYPE ~.LY LINES 1 TO 12 DO ~T DETACH ANY ~IES. 2. COURT NUMSER 01-251 Civil 4. TYPE OF WRIT R C MPLAINT Reinsta%e Notice & Complaint in .Vicki Boudman. et. al. Mort. ~or~ SERVE ~' s. NAME OF ~HmV~DUAL, COMPLY, CORPORAT~OH, ETC. TO SERVE OR D~SCmPnON OF PROPERTY TO SE LEV~ED, ^TrACkED, O~ SOLD. V~cki Boudman 6. ADDRESS (STREET OR RFD WiTH BOX HUMBER, APT NO., Cl~, BORO, ~P,, STATE AND ZiP CODE 7. IN.CATE SEAVlCE: ~ PERSONAL ~ PERSON IN CHARGE ~DEPUTIZECum~ ~[ ~ Q 1 ST CLASS MAIL. ~ POSED Q OTHER NOW 3 / 6 / 0 ~ ~ 19 ~ I, SHERIFF OF ~ C~ do h~eb~t~ sher~0f _ y o r k COUN~ to ex~~~ according to law. This depu~tion ~lng made at the request and risk of the plaintiff. ~. -- [ ........ ~E~ o~ X~XCOU~T~ Cumberland OUT OF COUNTY CUNBERLAND ADVANCED FEE PAID BY ATTY. NOTE ONLY APPUCABLE ON WRIT OF EXECUTIOH; N.B, WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the shedff to any plaintiff herein for any loss, destruction, or removal of any properly before sheriff's sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10 TELEPHONE NUMBER t 1. DATE FILED FEDERMAN & PHELAN ONE PENN CETR. SUITE 1400 1617 JFK BLVD. D SUBURBAN STA. PHILA., PA 19103 215-563-7000 3-5-01 12. SEND NQTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be compteted if notice is to be mailedl. CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14 Date Received 15. Expiration/Hearing Date or complaint as indicated above. R. AHRENS 3-7-01 4-4-01 1G. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFF ~ ) OTHER ( ) SEE REMARKS 17.~kJ hereby cettgy and return a NOT FOUND because I am unable to locate the individual, company, corporation, otc, named above. (See ~emarks below./ 1E. NAME'- AND TITLE OF INDIVIDUAL SERVED; LIST ADDRESS HERE IF NOT SHOWN ABOVE {Relationship to Defendant) 19 Date of ServiceI2g. Time of So.ice / 22, REMARKS: ~YJi~ K[,~OWN AT AJ~DRESS GIVEN Foreign County Costs J 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/N.F. 39, Total Costs 40. Cost Due or Retund-- J ~' ~' ~ ~ ~ 1 45 ~ig~'ature of York 4B Date Pm~ ' 46. ¢ignature of ~oreign 2 of 2 OOUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET S~, YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN TO12 1. PLAINTIFF/S/ 2. COURT NUMBER 01-251 Civil · ~irst HorJ ion Home Loan CorD. 4. TYPE OF WRIT OR COMPLAtNT 3. DEFENDANT/S/ Reins. Not/Complaint V~_cki Boudman, et. al. -{ S E 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF P~Lf:R¥~:~)~:~ LE~J~, ~I~-I'ACHED, OR SOLD. C. Blaine Boudman 6. ADDRESS (STREET OR RFD WiTH BOX NUMSER. APT NO., CITY, BORn, TWP.. STATE AND ZIP CODE AT _ rris --- 9, NOW_ ~/_R /0 1 _ 19 --_ I, S~ERIFF OF~'~RK C~.JJ~,3~.O hereby ~he. sheriff of York COUNTY to exe~g[~'th~~ccording to law. This deputation being made at the request and risk of the plaintiff, OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY ATTY. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff Jevying upon or attaching any property under within writ may reave same without a watchman, in cuslody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removei of any properly before sheriff's sale thereof, g, T~PE NAME AND ADDRESS ot ArrORNEY/ORIGINATOR ar)d SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED FEDERMAN & PHELAN 3-5-01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice Is to be mailed)· CUMBERLAND CO. SHERIFF ~CE BELOW FOR ~E OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. J acknowledgeorcomptsintasJndicatedabove.receipt of the writ R.AHREN$SIGNATURE OF AUTHORIZED CLERK 14, D a t e3R._e ~e i_v~d~-- __ 15Expiration/Hearing4.4.D1 Date 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 17.~ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc, named above, (See below) 18.'-NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service 21.ATTEMPTS~,~iTtmeOI;,~MIteS~tOt. Da. Time Mites tnt, DateiTmelMJes ,, IDatelTimelMges{ , Int. IDate 'TimeIMites'l int. IDete I'Tme'MI es Int.~ 22. REMARKS: ~IOVEDT~POT~X 243, F~iLING SPRINGS, PA 3,799:!.-0243 (CUMJ3f?j~!DCTY) Left no corresponding street address with p.o. Last known add-ess of 26 W. EDDly Dr. Carlisle, is 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary Fee I 31. Surcharge 32. Total Costs 33, Cost Due or Refund 34, Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/N.E I 39. Total Costs 40 Cost Due or Refund SO ANSWER. 41. AFFIRMED and subscribed to before me this ~ 3'~ 44. Signature ol _ ~ ,, 47. Date I Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE I 1. WHITE - Issuing Auth~y 2. PINK - Attorney 3. CANARY * SherJ~s Office 4. SLUE - Sheriff's Office FEDERMAN 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 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, F/KJA FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE 4000 HORIZON WAY, IRVING, TX 75063 Plaintiff VICKI BOUDMAN C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) COMPLAINT IN MORTGAGE FO~CLOS~ NOTICE ~'*THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY k INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY ' RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORR~E~. ONDENCE 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. ffyou 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. ~.',.,..X,. W~ hereby codi~ the _~,~. cF wimin to 6~ a trde and correct copy of tho CUMBERLAND COUNI~ original filed of recordCUMBERLAND COUNTY BAR ASSOCIATION t,~."~_,~,,...,~' FEDERM~,N AND PHELAN 2 LIEERTYAVENUE . ~.t~. CARLISLE, PA 17013 TRUE COPY FROM RECORD Loan #:0009165861 (717)24%3166 FEDERMAN 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 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, F~UA FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE 4000 HORIZON WAY, IRVING, TX 75063 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION TERM NO. CUMBERLAND COUNTY VICKI BOUDMAN C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM 1S 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. We hereby certify tho within to be a true and cormot copy of the __o~_nai filed of record CUMBERLAND COUN~ t-EI3ERMAN AND PHELAI~LTMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0009165861 Plaintiff is: FIRST HORIZON HOME LOAN CORPORATION, F/¥dA FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE 4000 HORIZON WAY, IRVING, TX 75063 The name(s) and last known address(es) of the Defendant(s) are: VICKI BOUDMAN C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/11/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1421, Page 1103. 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 1/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 12/1/99 through 12/1/00 (Per Diem $32.08) Attorney's Fees Cumulative Late Charges 12/11/97 to 12/1/00 Cost of Suit and Title Search Subtotal $159,283.96 11,741.28 4,000.00 786.04 750.00 $176,561.28 Escrow Credit 0.00 Deficit 1,498.46 Subtotal $1,498.46 TOTAL $178,059.74 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 Sherifi's 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. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a tree and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $178,059.74, together with interest from 12/1/00 at the rate of $32.08 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. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 11/7/00 VICKI BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE PA 17013 FIRST HORIZON HOME LOANS 4000 HORIZON WAY IRVING, TX 75063 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morV, aee on your home is in default, and the lender intends to foreclose. S~ecific information about the nature of the default is provided in the attached paces. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the proeram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCYWITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseline A~,encv. The name, address and phone number of Consumer Credit Counseline Aeencies servino your CounW are listed at the end of this Notice. If you have any c~uestions, you may call the Pennsylvania Housine Finance A~enc¥ toll fi'ce at 1-800-342-2397. (Persons with impaired hearin~ can call (707) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you t'md a lawyer. LA NOTIICACION EN EDJIYNTO ES DE SUMA 1MPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIM1R SU HIPOTECA. 11/7/00 C BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE PA 17013 FIRST HORIZON HOME LOANS 4000 HORIZON WAY IRVING, TX 75063 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortl~a~e 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 paces. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to hell~ to save your home. This notice explains how the vroeram works. To see ifHEMAP can hek), you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCYWITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseline Aeencv. The name, address and ~>hone number of Consumer Credit Counselin~ A~encies servin~ your County are listed at the end of this Notice. If you have an'/questions, you may call the Penns~/Ivania Housino_ Finance Aeencv toll free at 1-800-342-2397. (Persons with iml~aired hearint can call (707'1 780-1869). This Notice Contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fred a lawyer. LA NOTIICACION EN EDJU-NTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLV1AN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DER.ECHO A REDIMIR SU HIPOTECA. C BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE PA 17013 ACCT #9165861 FIRST HORIZON HOME LOANS HOWEOWNER'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 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAEG ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAE PAYMENTS, AND *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty, (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAE 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 teleohone numbers of desimaated consumer credit counselin~ aeencies for the counW in which the orol~ert~ 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). I you have ~xied 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 a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. 1F YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS ET FORTH IN THIS LETTER, FORECLOUSRE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available f~nds 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 oroceedings will be oursued a~ainst 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 TOCOLLECT THE DEBT. (If you have filed bankruptcy you can stir apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uo to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 26 WEST EPPLEY DRIVE CARLISLE PA 17013 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: Due 1/1/00-11/1/00 Payment Amount Due = $14371.06 Late Charges $786.04 Other charges (explain/itemize): Bad Check Fee = $ 0.00 Other Fees = $96.98 Minus Suspense = $ 0.00 TOTAL AMOUNT PAST DUE: $ 15254.08 B. 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 oftbe date of this notice BY PAYNG THE TOTAL AMOUNT FAST DUE TO THE LENDER, WHICH IS $15254.08 MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Ann: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letxer: (Do not use if not applicable.) ISXHIBITA.., IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will b~ 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 mortgaRed nropert~. 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 it's attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to Day attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the rieht to cure the default and prevent the sale at any tie up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other char~es then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriffs Sale as s~ecified in writin~ by the lender and by ~erformin~ an'/other reouiremants under the mort~aee. 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 _9__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 fred out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Atto: Loan Counseling Dept. 1-800-707-9998/Phone 1-214-672-3922/Fax EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at anytime. ASSUMPTION OF MORTGAGE-You x__ may or may not (CHECK ONE) sell or t~ansfer 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 THEMORTGAE DEBT OR TO BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRT PARTY ACTING ON YOUR BEHLF. *TO HAVE THEMORTGAGE RESTORED TO THE SAME POSITOIN 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 FORECLOUSRE 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. Sincerely, Cartier A. Caldwell Default Referral Specialist II PENNSYLVAlqIA HOUSING FIN.aaNCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGR.~M CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) Lycomin$-C3inton Counfi~ Commiaion for Co~iF Acuon 2t38 L~[n S~t P.O. Box 1328 Willi~po~ PA 17703 (570) 326~587 F~ (570) 322-2197 CCCS of No~e~m PA 20t B~in S~t Willi~ PA 17703 {570) 3~627 F~ (570) 323~626 CLINTON COUNTY COLUMB~ COL~i'I"Y CRAWFORD CO Io~-FY CUMBERLAND COUNTY POB 1127 Wilkes-Bane, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1788 Commission on E~nomics ~po~i~ of L~eme Co~ 163 ~r Wilk~-~e. PA 1~702 (570) ~26~510 or (8~) 822~359 F~ (570) 829-1665~C~[ Befo~ F~ing) (570) 455~9~ F~ {570) 455-563 I~C~[ ~efo~ F~ing) (570) 83~ Tun~k Eti~ PA 16503 (gl4) 453-57~ F~ ~814) 5749 John F. Kennedy C~t~, Inc. 2021 E~t 20 Eric, PA 16510 (814) 2~ Lin~esto~ Road UI~ 541-1757 U~m L~ue of Me~li~ ~sburg N. 6~ S~t ~bu~ PA 17[01 (717) 234-5925 F~ (717) ~4-9459 Co~i~ ~tion Co~ of~e C~i~ Region [ 514 ~ (71~ 232-9757 F~ {717) ~7 CCCS ofNonhcar, em PA 1631 Sou~h Athcrton Sc, Sui~ I00 S~ate Calleg~, PA 16801 (814) 238-3668 F..LX (814) 238-3669 1400 Abington Executive park Suite I Clat~ SummiL PA 18411 (570) 58%9163 or (800) 922-9537 FAX (570) 587-9134-9135 Grc~ter Eric Community Action Committee 18 West 9° Street Eric, PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenangu Valley Urban League, [nc. 601 [ndiana Avenue Farrcll, PA 16121 (412) 981-5310 Financial Counseling Se~ices of Franldin Wayn~sboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G~ Stxeet Ca-lisle, PA 17013 ~ (717) 243-3818 FAX (717) 731-9559 Adams County Housing Au'~ority Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 ~00.00 fee= to an'iron pin; %hence alon~ Lot 33, Secnion 2-A, Sounh 03 AEING T~E S~J~ P~EMISES ~TC~ John E. A~derson and Paulin~ ~. A~.derson. )~fice, in and fo~ Cumberland County, Pennsylvania, in Recor~ Book 160 pa~e ~REMISES ON: 26 ~EST EPPLEY D~IVE, CARLISLE, PA 17013 VERIFICATION RICHARD MINOR hereby states that he is ASSISTANT V.P. of FIRST HORIZON HOME LOANS CORPORATION mortgage servicing agem for Plaintiffin this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct 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 unswom falsification to authorities. ASSISTANT VI C PRESIDENT FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUffE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE 4000 HORIZON WAY, IRVING, TX 75063 Plaintiff VICKI BOUDMAN C. BLAINE BOUDMAN 26 WEST EPPLEY DP_WE, CARLISLE, PA 17013 ATTORNEY FOR PLAINT~F COURT OF COMMON PLE~S CIVIL DIVISION TERM NO. ot- CUMBERLAND COUNTY : ~" CIVIL ACTION- LAW "~/~fi"'~Y~d~,'~ ~ :. tZ:~ - c~-: COMPLAINT IN MORTGAGE FO~CLOS~ ~_ o~ . ~ NOTICE : ~ ~ ~ ;.~ **THIS FI~ IS A DEBT COLLECTOR ATTEM~ING TO COLLECT A DEBT AND ANY I~ORMATION OBTAINED WILL ~E USED FOR T~T PURPOSE. IF YOU HA~ PREVIOUSLY ~EIVED A DISCHARGE IN BAN~D~CY AND THIS DEBT WAS NOT REA~IRMED, THIS ) CO~PONDENCE IS NOT ~D SHOULD NOT BE CONSTRUED TO BE AN A~EM~ TO COLLE~ ~ ' ~ A DEBT, BDT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You ~ave been sued in Co~. If you wish to defend against the claims set fo~h ~ the following pages, you must take action within ~en~ (20) days ager this Complaint and Notice are se~ed, by entering a ~itten appearance p~sonally or by attorney and filing in ~fing with the coua your defenses or objections to ~e claims set foah against you. You are warned t~t if you fail to do so the case may proceed without you and a jud~ent ~y be entered against you by ~e co~ without ~her notice for ~y money claimed in ~e Complaint or for any other claim or relief requested by thc Plaintiff. You ~y lose money or prope~ or other rights impo~ant to you. YOU SHOULD T~E THIS P~ER TO YO~ LAiR AT ONCE. ~ YOU DO NOT HAVE A LAW~R OR C~OT ~FO~ O~, GO TO OR TELEPHONE ~E OFFIC~] SET FORTH BELOW TO F~ O~ ~E~ YOU C~ GET LEG~ HELP. ~} We hereby cefli~ tho ~ within to ~e a trde and C corm~ ~py ~ tho CU~E~ O~Y /~ od~ fii~ ~ m~rd C~E~ CO~ B~ A~SOC~TION FE~R~N A~ PHE~N 2 Lm~ AVE~ ~E ~ 'RE RD Loan #:0009165861 CARLISLE, PA 170t~ ?~l'~"oX~lOy ~111~, ! h~r~l [lilt0 ~t ~y ~ (717) 249-3166 FEDERMAN 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 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A M2qC MORTGAGE 4000 HORIZON WAY, IRVING, TX 75063 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY VICKI BOUDMAN C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOT/CE **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 enter/ng 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. We hereby certify the within to be a true and corr~t copy of the CU1VE~EPJ. ANT) COUNTY ~PEOERMAN AND PHE~E~ CO~ B~ ASSOC~TION 2 L~ER~ AVE~ C~ISLE, PA 17013 (717) 249-3166 Loan #: 0009165861 Plaintiffis: FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE 4000 HORIZON WAY, IRVING, TX 75063 The name(s) and last known address(es) oftbe Defendant(s) are: VICKI BOUDMAN C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/11/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTII:F which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1421, Page 1103. 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 1/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit 'A." The following amounts are due on the mortgage: Principal Balance Interest 12/I/99 through 12/1/00 (Per Diem $32,08) Attorney's Fees Cumulative Late Charges 12/11/97 to 12/1/00 Cost of Suit and Title Search Subtotal $159,283.96 11,741.28 4,000.00 786.04 750.00 $176,561.28 Escrow Credit 0,00 Deficit 1,498.46 Subtotal $l,498.46 TOTAL $178,059.74 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. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $178,059.74, together with interest from 12/1/00 at the rate of $32.08 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. /s/Frank Federman FRANK FEDERMAN, ESQUII~ Attorney for Plaintiff 1 lnlOo VICKI BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE PA 17013 FIRST HORIZON HOME LOANS 4000 HORIZON WAY IRVING, TX 75063 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort~ate on your home is in default, and the lender intends to foreclose. Sl~ecific information about the nature of the default is larovided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAla'} may be able to help to save your home. This notice explains how the proeram works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCYWITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counselin~ A~,encv. The name, address and phone number of Consumer Credit Counselint, Avencies servinz your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housino. Finance A~,encv toll flee at 1-800-342-2397. (Persons with impaired hearin~ can call (707) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fred a lawyer, LA NOTIICACION EN ED JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENClA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POP~ EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 11/7/00 C BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE PA 17013 FIRST HORIZON HOME LOANS 4000 HORIZON WAY IRVING, TX 75063 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Soecific information about the nature of the default is ~rovided in the attached ~a~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helo to save your home. This notice exolains how the ~roc, ram works. To see if HEMAP can helo. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCYWITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counselin~ A~,ency. The name, address and ohone number of Consumer Credit Counselino A~,encies servine your County are listed at the end of this Notice. If you have any auestions, you may call the Pennsylvania Housin,, Finance Aeencv toll bee at 1-800-342-2397. (Persons with impaired hearint can call (707) 780-1869). This Notice Contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fred a lawyer. LA NOTIICACION EN EDJUNTO ES DE SUMA 1MPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. C BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE PA 17013 ACCT #9165861 FIRST HORIZON HOME LOANS HOWEOWNER'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 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAEG ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAE PAYMENTS, AND *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice~ During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAE 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 teleohone numbers of designated consumer credit counselint, a~encies for the county in which the orooerty 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). I you have ~'ied 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 a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS ET FORTH IN THIS LETTER, FORECLOUSRE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED, 'Xi--{IBIT A 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 at, er it receives your application. During that time, no foreclosure ~>roceedin,,s will be om'sued against you if you have met the time reauirements 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 TOCOLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it un to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 26 WEST EPPLEY DRIVE CARLISLE PA 17013 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: Due 1/1/00-11/1/00 Payment Amount Due = $14371.06 Late Charges = $786.04 Other charges (explain/itemize): Bad Check Fee $ 0.00 Other Fees -- $96.98 Minus Suspense = $ 0.00 TOTAL AMOUNT PAST DUE: $ 15254.08 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION CDo 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 PAYNG THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $I 5254.08 MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Arm: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not aoolicable.) b"XHIBITA.., IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riRhts to accelerate the mort~aRe 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 mount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose uoon your mortga~,ed orooertv. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged propert~ will be sold by the Sheriffto pay offthe mortgage debt. lftbe lender refers your case to it's attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs· If you cure the default within the THIRTY (30) DAY oeriod, you will not be required to DaY attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the rieht to cure the default and orevent the sale at any tie uo to one hour before the Sheriffs Sale. You mav do so by pa¥im, the total amount then l)ast due, olus any late or other chard,es then due. reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with Sheriffs Sale as soecified in writin~ by the lender and by ~erformino any other re~luirements under the mort,,aee. 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 9 months from the date of this Notice. A notice of the actual date of the Sheriff's 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 fred out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Att'n: Loan Counseling Dept. 1-800-707-9998/Phone 1-214-672-3922 flax EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at anytime. ASSUMPTION OF MORTGAGE-You x may or may not (CHECK ONE) 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 THEMORTGAE DEBT OR TO BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRT PARTY ACTING ON YOUR BEHLF. *TO HAVE THEMORTGAGE RESTORED TO THE SAME POSITOIN 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 FORECLOUSRE 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, Sincerely, Cartier A. Caldwell Default Referral Specialist II PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. ~/00) CLINTON COUNTY COLUMBIA COLt'YrY CRAWFORD COLt~TY Lycoming-Clinton Countias Commisioo for Community Action (STEp) 2138 Lincoln Street P.O. Box 1328 Wiiliamsport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northe~tem PA 201 Basin Street Williamspo~ PA [7703 (570) 323-6627 F,~X (570) 3234626 31 W. Market Street POD 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Bane, PA 18702 (570) g26-0510 or (g00) 822-0359 FAX (570) g29-1665--(Call Beforu Faxing) (570) 455-4994 HazeRown FAX (570) 455-563 [-~(Call Before Faxing) (570) 836-4090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 20= Street Erie, PA 16510 (814) g98-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Hurdsbhrg, PA [7102 (7[7) 541-1757 Urban Lea&u¢ of Metropolitan Harrisburg Iq. 6~ Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 Den7 Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CUMBERLAND COU~-f'Y CCCS of Northea.m~m PA 1631 South Ath~rton St,, Suite 100 State College. PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abing~on Executive park Suite I Clatks SummiL PA 18411 (570) 587.9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West 9~' Sheet Erie, PA 16501 (814)459-4581 FAX (814) 456-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 Financial Counseling Services of Frarfldin 31 West 3~ Street Walmesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "O" Sheet Carlisle, PA 17013 (717) 243-38i8 FAX (717) 731-9589 Adams County Housing Authodty 139-t43 Carlisle SL ~b~ PA I (71~ 33~1518 F~ 33~326 PENNSYLVANIA BULLI~ I'iN, VOL. 29, NO. 2.3, JUNE 8, 1999 ALL THAT C~RTAIN tract of land situa=m in South Middle~o~ TownshiP, Cumberland County, Pennsylvania, bounded and described in accordance with a page 115, =ewieed 4/10/96, a~ follows: BEGINNING a= an iron ~in on ~ho northern right of way line of wes= Eppley ~lan of Forgedale C~6~sing. T~E SAME PREMISES W~IC~ John E. A~da=son and Pauline ~. Anderson, and wi~e, and Robert A. Thomas and Deborah J. Thomas, husband and gr&n=ed and conveyed unto S & A C~stom Builc Homes, Inc., ~ran=or ~R~MISES ON: 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 VERIFICATION RICHARD MINOR hereby states that he is ASSISTANT V.P. of FIRST HORIZON HOME LOANS CORPORATION 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 true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of lg Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 4 AND PttELAN BY: Michcle M. Bradford. Esq. Atty. I.D. ~69849 1617 Jo!m F. Kennedy Boulevard Suite 1400 Phil:~dc:phia, PA 19103-1814 (7.1%_5.':-7000 FIRST 1 iORIZON HOME LOAN COI{P©i \TION, F/K/A FT MORTG ~.,GE COMPANIES. D/l; \ '. :C MORTGAGE Vs. VICKI !,' '! ~DMAN C. 1 '.,? BOUDMAN ATTORNEY FOR PLA1UT1FF COURT OF COMMON P1,EAS CIVIL DIVISION CUMBERI.AND COUNTY NO. 01-251 CERTIFICATION OF SERVICE I, Michele M. Bradford, Esquire, herby certify that a cop), of the Motion for Servic,· "~-'<uant to Special Order of Court has been sent to the individual(s) as indicated below by i : mail, postage prepaid, on thc date listed below. VIC~(i i; ~UDMAN 26 WE~: I i(PPLEY DRIVE CARLI::I !'~ PA 17013 400 JA!)!~ CIRCLE JE .... :~ .\CH, FL 34957 C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE PA 17013 ':'c undersigned understands that this statement is made subject to the penalties of { 8 Pa. C.S. ~' '- relating to unswom falsification to authorities. Do,,': Michele M. Bradford, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 - 1814 (21 q) 56't-7000 ATTORNEY FOR PLAINTIFF FIRST HORIZON HOME LOAN COKPORATION, F/K/A FT MOKI (3AGE COMPANIES, D/B/A MNC MORTGAGE VS. VICKI BOUDMAN C. BLAINE BOUDMAN COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-25l ORDER AND NOW, this ] q day of q~/~f, fl~ ,2001, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Invc~~ ;ga~ion attached thereto, it is hereby ORDERED that Plaintiffmay obtain service of the Comi';:~int on the above captioned Defendant(s) V1CKI BOUDMAN and C. BLAINE BOUI)MAN, by mailbag a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 26 WEST EPPI,EY DRIVE, CARLISLE, PA 17013. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. ( H:/M:~ b* Forms/motions/county.comp FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq, Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Phil:~dclphia, PA 19103-1814 (21 ~) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MOlt". GAGE COMPANIES, D/B/z'. ',lNG MORTGAGE VS. VICK[ BOUDMAN C. I~L x INE BOUDMAN ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-251 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. 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. MOTION FOR SERVICE PURSUANT TO SPECIAl, ORDER OF COURT Plaintiff, by its counsel, Michele M. Bradford, Esquire, moves this Honorable Court for an Ordc~- dirccting service of the Complaint upon the above-captioned Defendant(s) by Certified mail and rc,mlar mail to the Defendant's last known address and mortgaged premises located at 26 WE~T EP?LEY DRIVE, CARLISLE, PA 17013 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort lo I()cate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WltEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursua~t to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certilS~,d mail and regular mail. Michele M. Bradford, Esquire H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE VS. VIC!U BOUDMAN C. P LAiN E BOUDMAN ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-251 MEMORANDUM OF I,AW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order direcfmg the method of As h~dicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit ",V', the Sheriffhas been unable to serve the Complaint. A good faith effort to discover the where:~N,uts of the Defendant(s) has been made as evidenced by the attached Affidavit of ReasonaNe Investigation, marked Exhibit "B". WIIEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and I'e~.,ul~r mail. Respectfully submitted: Michele M. Bradford, Esquire ?e~lce. for INTIFF(S) F':i. rs~= lqori;~o~ Home ENDANT(S} V :L c k z B o u d m.:'~ n IVE AT 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 546-7400 FAX: 215-985-0169 *AFFIDAVIT OF SERVICE CASENO. Jade Cir cl.e ,,1PANY CONTROL NO. C S 1 4 5 1 4 9 A REFERENCE NO. ed and made known to Vick:L Boudrqa'n Phitadelphia Association of Professional DATE RECEIVED 0 ~L ""2(:S 1 January 0 f C u p~ b ~ ~" 1 ;t ~'~ d C ott ~'~ t' y *f'/p,:, u f Se~ vJ.c.e C::i.v:i. 1 A.:~-x ~ Mortgage F'orecZLosu~e c LF, VIL BY: F?eb'r'u,a'r'y ,::L, e day of ,20 , at o'clock, M., monwealth of Pennsylvania, in the manner described below: Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of placing of lodging in which Defendant(s) reside(s). ~ Agent or person in charge of Defendant's office or usual place of business. Posted O~I~S C:I:~: I F' T I 0 N A (; E H E I G H T W E I G H T R A C E S E: X De'Fem:lant not *fottnd~ ......... How~"-~Unl.~nowr~ ...... Iqo A~'".~ ~--Vac~i'"'l: ......... (3~" e" . .............................. rl.~w~ this .............. day of ...................... ~ 1, .......... ,~ I do thereby £1epu'bize the .].]t.tTyby ~?0 Zel"ve ~"hJ.~s c ' · ' ............................................... . ......... ,)L C lS ............ C . p'q:) ]. a int' ........ 0 t. n ,,~ and r,~ake return thevo'f and acco¥'d:i, ng to Law. By (fop~')etent"., ..... Adult) CouYt'L'y Sheriff's Checl< $ *** Specia] Instruc'lrio¥~s *** ASAF:' Serv :i. c: e EXHIBIT A 4E ~F SERVER Swom to & subscribed before me this being duly sworn according to law, day of ?Joru~b~0o I he(:le¥'man & f"helarl / ~"ot'[~. r']ai[~t L F '~A~EST .... 'ney's Name- Su.i. te .1.4t~ I F:f:.mH C~el~(.~ J. 317 .J,,F:.F~r. Blvd. PROPROTHY F'h:i. ladelpl~.La FA .1.91.0~-1814 January I.:L~ ..¢6,::,-' / E ~0 SHERIFFIS RETURN - NOT FOUND CASE NO: 2001-0025i P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS BOUDMAN VICKI ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named defendant, BOUDMAN VICKI unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , NOTICE the within named DEPENDANT ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT but was He therefore returns the BOUDMAN VICKI , NOT FOUND , as to DEFENDANT NO LONGER RESIDES AT ADDRESS STATED DID NOT RECEIVE FURTHER INSTRUCTIONS FROM ATTY. RETURN NOT FOUND AS PER JASON Sheriff's Costs: Docketing 18.00 Service 3.10 Not Found Return 5.00 Surcharge 10.00 .00 36.10 PRIOR TO EXP. DATE, RICCO ON 2/23/01. So answems.: /.P~ ./~iii~~ ~ R. Thomas KSine ~ Sheriff of Cumberland County FEDERMAN & PHELAN 02/23/2001 Sworn and subscribed to before me this day of A.D. Prothonotary I XHIBITA SHERIFF'.S RETURN - CASE NO: 2001-00251 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND FIRST HORIZON HOME LOAN CORP VS BOUDMAN VICKI ET AL R. Thomas Kline duly sworn according to law, says, that inquiry for the within named defendant, BOUDMAN C BLAINE unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , NOTICE the within named DEFENDANT ,Sheriff or Deputy Sheriff, who being he made a diligent search and DEFENDANT but was He therefore returns the , BOUDMAN C BLAINE DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, DID FURTHER INSTRUCTIONS FROM ATTY PRIOR TO PER JASON RICCO ON 2/23/01. , NOT FOUND , as to EXP. DATE, So answ~_er-~ :~Y ~.,c%:~ R.t Thomas Kline Sheriff of Cumberland County NOT RECEIVE RETURN NOT POUND AS Sheriff's Costs: Docketing 6.00 Service .00 Not Found Return 5.00 Surcharge 10.00 .00 21.00 FEDERMAN & PHELAN 02/23/2001 Sworn and subscribed to before me this day of A.D. Prothonotary EXHIBITA PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 0009165861 Attorney Firm: TRACK STARS Case Number: Subject: VICKI & C BLAINE BOUDMAN A.K.A.: C B BOUMAN, C B BOUDMAN Last Known Address: 26 W. EPPLEY DRIVE CARLISLE, PA 17013 Last Known Number: ( ) Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 01/02/2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER:476-68-7541 184-38-2202 B. EMPLOYMENT SEARCH: Unable to locate a good employer for Vicki or C Blaine Boudman. C. INQUIRY OF CREDITORS: Creditors indicated that Vicki and C Blaine Boudman are using 50 Brian Drive, Carlisle, PA 17013 with no valid home number. Vicki and C Blaine filed chapter 7 in July 2000, case t/2000-03103, and released in October 2000, with attorney Stephen B Lipson. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: Directory assistance had no listing. INQUIRY OF NEIGHBORS - We contacted 7'17-256-4444 at 25 W Eppley Drive and spoke to a neighbor who stated Vicki and C Blaine Boudman moved from the last known address. INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of December 28, 2000 the National Change of Address (NCOA) has no change for Vicki or C Blaine Boudman from the last known address. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Vicki and C Blaine Boudman listed at the last known address. OTHER INQUIRIES - A. DEATH RECORDS: As of December 28, 2000 the Social Security Administration has no death records on file for Vicki or C Blaine Boudman and/or a.k.a.'s under their social security numbers. EXHIBIT B B. PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC. ): None C. COUNTY VOTER REGISTRATION: The County Voters Registration Office has no listing. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: Vicki - February '1955 C Blaine -April '1948 AFFIANT Michael K Gro~s ~"'""~"~¥~ ~'~,'"'~ .... ~ ? ~ Kristine M. Scott, Nota~ Public ~ / ~ St. Louis County, State o, Missouri ~ Subscrib.cd ¢,p~r~'worn to befo,,r,p....meprl 01/02/2_001 ~: My Commissioi~ Expires 9/2i2002 ~ ~ Pl~yo~N~tionoll. ocotor .11301dSt~te~o~d, Suite ~104 St. Louis, MO ~3021 // Phone: (636) 230-9922 Fax: (636) 230-0558 EXHIBtT B VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the Attorney for the Plaintiff in this :~¢lion, that she is authorized to take this Affidavit, and that the statements made in the fore,?i~g MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to thc best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 P:~. C.S. Sec. 4904 relating to unswom falsification to authorities. Date: May 3, 2001 Michele M. Bradford, Esquire H:/Main l:orms/motions/county.comp I ROBERT K. MORP, IS. VS. SANDP, A 1,. MORRIS. Plaintiff DelEndant IN THE COURT OF COMMON PI~EAS OF CUMBERLAND COUNTY. PA Docket No. 00361 S 2001 CIVIL ACTION LAW IN SUPPORT PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTIIONOTARY: Please kindly withdraw thc appearance of Anthony N. Thomas, Esquire as counsel for Defendant, Saudra L. Morris, in the above-captioned matter. l)ate: ~ ~ Respectfully sub..mitlsd,- ./ Anthony N/~'homas. Esquire Supreme Court Il) #85150 2205 Paxton Church Road Harrisburg, PA 17110 (717) 541-9979 PRAEC!PETO.ENTER APPEARANCE TO THE PROTHONOTARY: Please kindly enter the appearance of.lane M. Alexander, Esquire, as counsci for Defendant, Sandra L. Morris, in the above-captioned matter. Date: Resp~jctfnlly submitted, ~ ~ ~' !;ii:: .~.*'~ ~"], ,': ':' Jalle M. A exandev Esquu'e Supreme Court ID #07355 148 S. Baltimore Street P. O. Box 421 Dillsburg, PA 17019-0421 (717) 432-4514 FEDERMANAND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE Plaintiff vs. VICKI BOUDMAN C. BLAINE BOUDMAN Defendants COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 01-251 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in with reference to the above captioned matter. Mortgage Foreclosure Date: May 23, 2001 Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station l 617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 56%7000 F1RST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE Plaintiff VS. VICKI BOUDMAN C. BLAINE BOUDMAN Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-251 AFFIDAV/T OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to VICI{/BOUDMAN at 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 and 400 JADE CIRCLE, JENSEN BEACH, FL 34957 AND C. BLAINE BOUDMAN at 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 on May 30, 2001, in accordance with the Order of Court dated MAY 14,2001. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: May 30. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORA. TON, F,q(JA ~ MORTGAGE COMPANIES, D/B/A MNC MORTGAGE 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V5o VICKI BOUDMAN C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE, PA 17013 Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 01-251-CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: K/ndly enter judgment, in ren~ in favor of the Plaintiff and against VICKI BOUDMAN and C. BLAINE BOUDMAN, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 12/1/00 TO 7/6/01 $178,059.74 $6~993.44 TOTAL $185,053.18 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, enpy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY ~ **T~HS FIRM IS A DEBT COLLECTOR A'ITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTALNED ~VILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THINS DEBT W~,~ NOT REAFFIRMED, ~ CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN Al'lMM]ST TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Ke~medy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2.L5_) 563-7000 ATTORN]!Y FOR PLAINTIF~¥ 1 I 2D01 FIRST HORIZON HOME LOAN CORI'OIL&TION, F/K/A FT MOR~i GAGE COMPANIES, D/B/A MNC MORTGAGE VS. VICKI BOUDMAN C, BLAINE BOUDMAN COUIIT Ot: COMMON PLEAS CIVIL DIVISION CI3MBERL \ND COUNTY N() 01-251 ;nvc> 5 ?fion attached thereto, it is hereby O~E~D that Plaintiffmay ob~n se~ice of the Conv?:fint on ~e above captioned Defend~t(s) ~CIO BO1JDM~ ~d C. BLAINE IlOUDMAN, by mailing a ~e ~d co~ect copy of the Comp)~t by codified mail ~d mgulm mail to ~e Defend~t's l~t ~o~ ad.ess, ~d to ~e mo~gaged premises located at 26 WEST EPIq.EY D~, CA.ISLE, PA 17013. Service of ~e aforementioned mailings is effective upon ~e date of mailing ~d is to be doae by Plaintiffs a~omey, who Mil file M~ the Pro~ono~:~'s Ofllce an Affidavit ~ to ~e mailbag. BY THE COURT: FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2] 5) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE Plaintiff VS. Attorney for Plaintiff COURT OF COMMON PL * C1VIL DIVISION CUMBERLAND COUNTY VICKI BOUDMAN C. BLAINE BOUDMAN : NO. 01-23:1~ DERMAN AND ~;~~RVICE OF COMPLMNT BY MAlL PURSUANT TO COURT OR~ t ~, Vy I here cc~ at a ~c ~d co~ect copy of ~e C~wl Actmn ~1~ Moagage Foreclosure in ~e above captioned maacr w~ sent by re~lm ~d ceaified mM1, rc~ receipt requested, to the following persons, to VICKI BOUDMAN at 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 and 400 JADE CIRCLE, JENSEN BEACH, FL 34957 AND C. BLAINE BOUDMAN at 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 on ~ 21)91, in accordance with the Order of Court dated MAY 14,2001. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904'r61ating to unswom falsification to auth~ ~ :}j', ~l . Date: May 30, 2001 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PEDERMJkNAiqD 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 ATTORNEY FOR PLAINTIFF FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY vs. VICKI BOUDM3LN C. BLAINE BOUDMAN : NO. 01-251 Defendant(s) TO: VICKI BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE,PA17013 DATE OF NOTICE: JUNE 21,2001 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, ~LN-D 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. I~ORTA!fr 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 AVENI~ CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN 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 ATTORNEY FOR PLAINTIFF FIRST HORIZON HOME LOAN CORPOP~ATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY vs. VICKI BOUDMAN C. BLAINE BOUDMAN : NO. 01-251 Defendant(s) TO: VICKI BOUDMAN 400 JADE CIRCLE JENSEN BEACH, FL 34957 DATE OF NOTICE: ~ 21,2001 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 Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF FIRST HORIZON HOME LOAlq CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. VICKI BOUDMAN C. BLAINE BOUDMAN CUMBERLAND COUNTY :N0.01-251 Defendant TO: C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE,PA17013 DATE OF NOTICE: JUNE 21,2001 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 DISCHA/~GE 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 Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATON, F/K/A FF MORTGAGE COMPANIES, D/B/A MNC MORTGAGE VS. VICKI BOUDMAN C. BLA/NE BOUDMAN Plaintiff Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY Court of Common Pleas CIVIL DMSION NO. 01-251- CML VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) 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 VICKI BOUDMAN is over 18 years of age and, HER WHERE ABOUTS ARE UNKNOWN. c) that defendant C. BLAINE BOUDMAN is over 18 years of age and, HIS WHEREABOUTS ARE UNKOWN. This statement is made subject to the penalties of 18 Pa. C.S. Section 404 relating to the unswom falisifieaton to authorities. FRANK FEDER/VlAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) FIRST HORIZON HOME LOAN CORPORATON, F/K/A FY MORTGAGE COMPANIES, D/B/A MNC MORTGAGE Plaintiff VICKI BOUDMAN C. BLA/NE BOUDMAN Defendant(s) CUMBERLAND COUNTY Court of Common Pleas CIVIL DMSION NO. 01-251- CML Notice is given that a Judgment in the above captioned matter has been entered against you on By DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUIRE Attorney for Filing Patty One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215~ 563-70OO **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY /NFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREV/OUSLY RECEIVED A DISCHARGE IN BANKRUIrfCY AND THIS DEBT WAS NOT REAFFIRMED, TH~S IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff CARLISLE MOTEL & CAMPGROUND, 1NC., Defendant and M & T BANK, also known as Manufacturers And Traders Trust Company, Garnishee : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-1191 PRAECIPE FOR ENTRY OF JUDGMENT PURSUANT TO Pa.R.C,P. 3146(b) TO THE PROTHONOTARY: Please enter judgment in favor of Middlesex Township Municipal Authority, Plaintiff and against M & T Bank, also known as Manufacturers and Traders Trust Company, Garnishee in the amount of $13,752.43 pursuant to Pa.R.C.P. 3146(b), which amount represents the property of the Defendant admitted in the answers to interrogatories to be in the possession of the Garnishee, a true and correct copy of which answers to interrogatories are attached hereto and incorporated by reference herein as "Exhibit A". Pursuant to Pa.R.C.P, 3148(a)(1), the judgment entered hereby is in the form of a money judgment, the amount garnished being in the nature of a debt owed by Garnishee to the Defendant. SNELBAKER, BRENNEMAN & SPARE, P. C. LAW OFFICES SNELBAKER, ~RENNEMAN & SPARE Date: July 9, 2001 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitors for Plaintiff CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Praecipe to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Christine Alianello Legal Department M & T Bank P. O. Box 708 Altoona, PA 16603 Carlisle Motel & Campground, Inc. 1075 Harrisburg Pike Carlisle, PA 17013 M & T Bank One West High Street Carlisle, PA 17013 Date: July 9, 2001 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Solicitors for Plaintiff Middlesex Township Municipal Authority LAW OFFIC[$ SNELBAKER. BRENNEMAN & SPARE M&T Bank. IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Plaintiff(s) Middlesex Township Municipal Authority Petitioner(s) VS - Carlisle Motel and Campground, Inc. .t Case No. 01-1191 Defendant(s) Respondent(s) MANUFACTURERS AND TRADERS TRUST COMPANY Responses to Interrogatories Garnishee(s). MANUFACTURERS AND TRADERS TRUST COMPANY, pro se, for its answer to the Interrogatories states: [Questions and Answers Pursuant to 14 Pa C.$.A. Rule 3253] At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed any money or were liable to defendant(s) for any reason? Answer: Yes No Denies knowledge or information sufficient to form a belief as to the answer to the question. At the time you were served or at any subsequent time, was them in your possession, custody or control or in the joint possession, custody or control of yourself or one or more other persons any property of any nature owned solely or in part by the defendant(s)? Answer: ~ Yes E No ~ Denies knowledge or information sufficient to form a belief as to the answer to the question. EXHIBIT A At any time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? Answer: Yes No Denies knowledge or information sufficient to form a belief as to the answer to the question. At any time you were served or at any subsequent time, did you hold as a fiduciary any property in which the defendant(s) had an interest? Answer: [2 Yes Denies knowledge or information sufficient to form a belief as to the answer to the question. At any time before or after you were served, did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? Answer: Yes. The consideration was No Denies knowledge or information sufficient to form a belief as to the answer to the question. At the time you were served or at any subsequent time, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the direction of defendant(s) against you? Answer: Yes No Denies knowledge or information sufficient to form a belief as to the answer to the question. [Additional Questions and Answer (if any)] If any of the following reasons are checked, the account(s) in question are not subject to attachment because: Account(s) No(s). are escrow account(s) for real estate taxes and insurance. [Field 12] has a right of set off against the account(s) which it hereby elects to assert. Other: [Consult with Counsel's Office and type in reason] Dated: MANUFACTURERS AND TRADERS TRUST COMPANY Name: Christine Alianiello Title: Supervisor Legal document Processing PO Box 708 Altoona, PA 16603 (814) 947-5871 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CROWN AMERICAN PROPERTIES, L.P., by Crown American Realty Trust, its Sole General Parmer, Plaintiff cyberXpo.com, Inc., Defendant CIVIL ACTION - LAW No. 2001-3131 Civil Term PRAECIPE FOR JUDGMENT Enter judgment in favor of Plaintiff and against Defendant for failure to enter an appearance and/or file an Answer regarding the above-captioned action: (X) Assess damages as follows: Debt ....................................... $16,666.65 Interest from 1/1/01 .................... $ 509.64 Docket costs .............................. $ Attorney's Commission .................. $ 500.00 TOTAL .................................... $17,176.29 ( ) I certify that the 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. ( ) Pursuant to Pa.R.C.P. 237 (Notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P. 237.1, 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/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. ~j,..~_.~ Date: July 5, 2001 ~ ~, Craig S//Shametzka, Esquire Attorney for Plaintiff 29 North Duke Street York, PA 17401 (717) 848-4900 Supreme Corm No. 83863 Prothonotary/Clerk, Civil D~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CROWN AMERICAN PROPERTIES, L.P., by Crown American Realty Trust, its Sole General Partner Plaintiff cyberXpo.com, Inc., Defendant No. 2001-3131 Civil Term Civil Action - Law NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: cyberXpo.com, Inc. 102 Decker Court, Suite 203 Irving, Texas 75062 Date of Notice: Jtme 19, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU H.A~ FAILED TO ENTER A WRITTEN APPEA_R. ANCE PERSONALLY OR BY ATTORNEY AND TO FI~LE IN WRITING WITH THE COURT YOUR. DEFENSES OR OBJECTIONS TO TI--IE CLAIMS SET FORTH AGA.~ST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM TI--1Z DATE OF THIS NOTICE, AFt. YDGlVI~NT 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 ~ FOLLOWING OFFICE TO FIND OUT WHEP,~ YOU CAN GET LEGAL HELP. Lawyer Referral Service of The Cumberland County Bar Association The Cumberland County Bar Center 2 Liberty Avenue CarLisle, PA 17013 Telephone No. (717) 249-3166 (800) 990-9108 CGA Law Firm Countess Gilbert Andrews P.C. By: - Craig S.~harnetzka, Esquire PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE Plaintiff, VICKI BOUDMAN C. BLAINE BOUDMAN CUMBERLAND COUNTY No. 01-251-CIVIL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 7/6/01 to 12/5/01 (per diem - $30.42) TOTAL $185,053.18 $4,623.79 and Costs $189,676.97 AN STATION PHILADELPHIA; PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN tract of land situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by John K. Boxier, III, R.S., dated 2/29/96 and recorded in the Off~_ce of [he Recorder of Deeds for Cumberland County in Plan Book 72 page 115, revised 4/10/96. as fi)llows: BEGINNING at an iron pin on the northern right of way line of West Eppley Drive at a corner of Lot 35, Section 2-A, on the plan of Forgedaie Crossing; thence along Lot 35, North 03 degrees 17 minutes and 08 seconds West, a distance or' 150.00 feet to an iron pin: thence along Lot 30-A, Phase I, North 86 degrees 42 minutes and 52 _~econds East, distance of 100.00 feet to an iron pin; thence along Lot 33, Section 2-A, South 0~ legrees 17 minutes and 08 second~ East, a distance of 151.02 feet to an iron pin on the northern right of way line of West Eppley Drive; thence along said northern right of way line of West Eppley Erive, by a curve to the left having a radius of 495.00 feet and arc distance of 31.85 feet to a point in the right of way line; thence continuing along the northern right of way line of West Eppley t2rS/e, South 86 degrees 42 minutes and 52 seconds West, a distance of 68.18 feet to an iron pin at Lot 35, Section 2-A, the place of BEGINNING: CONTAINING 15,000.00 Square feet and designated as Lot 34, Section 2-A of Plan of Forgedale Crossing. Tax Parcel #40-10-0636-309 TITLE TO SAID PREMISES IS VESTED IN C. Blaine Boudman and Vicki Boudman. husband and wife by Deed fi.om S & A. Custom Built Homes, Inc., a PA Corp., dated 12/11/97. recorded 12/16/97, in Deed Book 169, Page 429. 0 0 FEDERMAN AND PHELAN BY: Michele M, Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (~ 1 q) ';63-7000 ATTORNEY FOR PLAINTIF~/I¥ FIRST HOR/ZON HOME LOAN COIU'OILATION, F/K/A FT MOR': GAGE COMPANIES. D/B/A ;,'INC MORTGAGE VS. VICKI BOUDMAN C. P[...\INE BOUDMAN COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLA_ND COL~TY NO. 01-25I AND NOW, this ~t day of , _001, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order6f Court and the Affidavit of Reasonable [nvc. '!_.,:u ion attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Comi".:fint on the above captioned Defendant(s) VICKI BOUDMAN and C. BLAINE BOU1)MAN, by mailing a tree and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 26 WEST EPPI.EY DRIVE, CARLISLE, PA 17013. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. TRUE COP'II FROM BY THE COURT: /4d Z. FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE Plaintiff, VICKI BOUDMAN C. BLAINE BOUDMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-251-CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. . Attorney for Pla'mtiff FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE Plaintiff, VICKI BOUDMAN C. BLAINE BOUDMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-251-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE, Plaimiff in the above action, by its attorney, 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 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) VICKI BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE, PA 17013 C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE, PA 17013 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 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 so indicate.) None 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 LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 26 WEST EPPLEY DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree 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. August 2, 2001 ~' DATE RANK FEDER_M3tN, ESQUIRE Attorney for Pla:ntiff FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, DfB/A MNC MORTGAGE Plaintiff, VICKI BOUDMAN C. BLAINE BOUDMAN Defendant(s). TO: VICKI BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-251-CIVIL August29,2001 C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE, PA ~7013 **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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff's Sale. 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 find 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 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. 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 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 Sheriffthe 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 CERTAIN tract of land situate ~n South Middletown Township. Cumberland County, Pennsylvania, hounded and described in acc~:rclance with a survey prepared by Jolm K. Boxler, III, R.S., dated 2/29/96 and recorded in the Off:..ce of the Recorder of Deeds. for Cumberland County in Plan Book 72 page 115, revised 4/10/96. as follows: BEGINNING at an iron pin on the northern right of way line of West Eppley Drive at a corner of Lot 35, Section 2-A, on the plan of Forgedaie Crossing; thence along Lot 35. North 03 degrees 17 minutes and 08 seconds West, a distance of 150.00 feet to an iron pin: thence along Lot 30-A, Phase I, North 86 degrees 42 minutes and 52 seconds East, distance or' 100.00 feet to an iron pin; thence along Lot 33, Section 2-A, South 0_~ 2egrees 17 minutes and 08 seconds East, a distance of 151.02 feet to an iron pin on the northern r:.ght of way line of West Eppley Drive; thence along said northern right of way line of West Eppley Eri,.e, by a curve to the leti having a radius of 495.00 feet and arc distance of 31.85 feet to a point in the right of way line: thence continuing along the northern right of way line of West Eppley Dr?e, South 86 de~ees 42 minutes and 52 seconds West, a distance of 68.18 feet to an iron pin at Lot 35, Section 2-A, the place of BEGINNING. CONTAINING 15,000.00 Square feet and designated as Lot 34, Section 2-A of Plan of Forgedale Crossing. Tax Parcel #40-1.0-0636-309 TITLE TO SAID PREMISES IS VESTED IN C. Blaine Boudman and Vicki Boudman. husbanc and wife by Deed from S & A. Custom Built Homes, Inc., a PA Corp., dated 12/11/97. recorde~ 1.2/16/97. in Deed Book 169, Page 429. SALE DATE: DECEMBER 5, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST HORIZON HOME LOAN CORPORATION, F/KJA FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE VS. VICKI BOUDMAN C. BLAINE BOUDMAN No.: 01-251-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE November 30, 2001 Plaimiffin the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No, 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~NK /DE~'ESQ/~(~ ~ F~E~t. ~] ~UIRE ' A~mey for Plaintiff FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE Plaintiff, VICKI BOUDMAN C. BLAINE BOUDMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-2SI-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE, Plaintiff in thc above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of thc date the Praccipc for thc Writ of Execution was filed the following information concerning the mai property located at 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) VICKI BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE, PA 17013 C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE, PA 17013 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Nolle ,~ame knd address of the last recorded holder of every mortgage of record: 'NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 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 so indicate.) Nolle 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 LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiffhas knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 26 WEST EPPLEY DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare 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 ledge or information and belief. I understand that false statements herein are made subject to the ties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. tst 2, 2001 E 7RANK FEDEI~ Attorney for Pla'~ ~/~,/ESQUm. E ntiff DATE: August 2, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) VICKI BOUDMAN C. BLAINE BOUDMAN PROPERTY: 26 WEST EPPLEY DRIVE CARLISLE, PA 17013 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in Cumberland Count, Courthouse, South Hanover Street, Carlisle. PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (21 ~) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DMSION FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE CUMBERLAND COUNTY No.: 01-251-CIVIL VS, VICKI BOUDMAN C. BLAINE BOUDMAN AFVfDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to VICKI BOUDMAN and C. BLAINE BOUDMAN on 09/10/01 at 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013, in accordance with the Order of Court dated 05/14/01. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unswom falsification to authorities. EDERMAN, r Qua Date: November 30, 2001 AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kmmedy Boulevard Suite 1400 Philadelphia, PA i9[03-1814 ATTORNEY FOR FIRST HORIZON HOME LOAN COI'~,PORATION, F/K/A FT MOR: 1AGE COMPANIES, D/B/A MNC MORTGAGE VS. VICKI BOUDMAN C. Itl .\INE BOUDMAN COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-25i AND NOW, this / / day of ,2001, up n consideration of o Ptaintiffs Motion for Service Pursuant to Special Order 6f Court and the AffidaVit of Reasonable Invc. '! ,.:~tion attached thereto, it is hereby ORDERED that Plaintiffmay obtain service of the Convi:dnt on the above captioned Defendant(s) VICKI BOUDMAN and C. BLAINE BOU1)MAN, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 26 WEST EPP1EY DRIVE, CARLISLE, PA 17013. Service of the aforementioned mailings is effective upon the date of mailing and is to be done 1,v Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailS~5'. BY THE COURT: FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (~ 5) s6~-7ooo FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE VS. VICKI BOUDMAN C. BLAINE BOUDMAN ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DMSION CUMBERLAND COUNTY No.: 01-251-CIVIL AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to VICKI BOUDMAN and C. BLAINE BOUDMAN on 09/10/01 at 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013, in accordance with the Order of Court dated 05/14/01. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unswom falsification to authorities. '/ ~-~ I . Date: November 30, 2001 FEDERMAN AND PHELAN BY: Michele M. Bradford. Esq. Atty. I.D. #69849 1617 John F. Kermedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ('~l ~q -~6'~-7000 ATTORNEY FOR PLA1NT[F~Y ~' I .2.00 FIRST HORIZON HOME LOAN CORPOILATION, F,'KJA FT MOR': L-~.GE COMPANIES. D/B/A MNC MORTGAGE VS. VICKI BOUDMAN C. P!.AINE BOUDMAN COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAzND COUNTY NO. 01-251 AND NOW, this h day of ,2001, upon consideration Plaintiffs Motion for Service Pursuant to Special Order 6f Court and the Affidavit of Reasonable Inve.' ! ::xi,m attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Coral': dnt on the above captioned Defendant(s) VICKI BOUDMAN ~d C. BLAINE BOU1)MAN, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 26 WEST EPPI.EY DRIVE, CARLISLE, PA 17013. Service of the aforementioned mailings is effective upon the date of mailing and is to be done 1-v Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the maili~g. TRUE COPY FR?.M :.~mony wh~'eJff, I h,.~ ." . ,'.'q hand ~ .~l oJ ~ai~_Cot?l"~ o't Cad~sla, Pa. ". BY THE COURT: STATE OF PENNSYLVANIA, l COUNTY OF CUMBERLANDf ss. Robert P Ziegler .............................................................................. Recorder o! Deeds in and/or said County and State do'hereby c~nify that the Sheriff's Deed in which ................ Secretary if Veterans Affairs is the grantce the sam~ having been sold to said grantee on thc 5th day of Dec 01 ........................................ A. D., ." ..... , under and by vlrtuc of a writ .............. 10th Execvtion ................................................ issued om the ..................................... Sept 01 dny of .......................... A.D., ..... ) out of thc Coum of Comman Pleas of said County'ns of Civil O1 · First Horizon HOme Ln Corp fka FT Mtg Co dba MNC Mtg ~m~r ..... ~_ ~_ _~ ...... ,*t ,~e ,,i, of ........................ Vicki Boudman & C Blaine ................................... against .................................................... is 3 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said offic~ this _-_/_9 ..... day of ...... ~ ......... A.D., ~_?__Z_ Recorder of Deeds, Cumberrend Courdy. Carlisle, ~ My Commission Expires the First Monday of Jan, 2002 First Horizon Home Loan Corporation F/k/a FT Mortgage Companies, d/b/a MNC Mortgage VS Vicki Boudman and C. Blaine Boudman In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-251 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 03, 2001 at 9:31 A.M., E.D.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Vicki Boudman and C. Blaine Boudman, located at 26 West Eppley Dr., Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a notice of the pendency of the action by Certified Mail, Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to one of the within named defendants, to wit, C. Blaine Boudman, to his last known address of 26 West Eppley Drive, Carlisle, PA 17013. This letter was mailed under the date of October 01, 2001. C. Blaine Boudman received the letter on October 05, 2001. Return receipt card was returned to the Cumberland County Sheriff's Office on October 09, 2001 signed by C. Blaine Boudman. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriffmailed a notice of the pendency of the action by Certified Mail, Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to one of the within named defendants, to wit, Vicki Boudman, to her last known address of 26 West Eppley Drive, Carlisle, PA 17013. This letter was mailed under the date of October 01, 2001. The unopened letter was returned to the Cumberland County Sheriff's Office on October 22, 2001 with the reason checked "unclaimed." R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: C. Blaine Boudman by regular mail to his last known address of 26 West Eppley Dr., Carlisle, PA 17013. This letter was mailed under the date of October 9, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Vicki Boudman by regular mail to her last known address of 26 West Eppley Dr., Carlisle, PA 17013. This letter was mailed under the date of October 23, 2001. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Frank Federman for Secretary of Veterans Affairs, an Officer of The United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, an Officer of The United States of America of Varo Cleveland (MDP 262 PHI) P.O. Box 99640, Cleveland, OH 44199, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $871.75, it being costs. SherifFs Costs: Docketing $30.00 Posting Handbills l 5.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 3.25 Certified Mail 15.61 Levy 15.00 Surcharge 30.00 Postpone Sale Law Journal 330.50 Patriot News 281.64 Share of Bills 25.66 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 Poundage 17.09 $ 871.75 This Jq ~xtay of_~ ' ' 2001, A.D. mro~onotary~. Real Est~e Deputy FIRST HORIZON HOME LOAN CORPORATION, F/I~JA FT MORTGAGE COMPANIES, DfB/A MNC MORTGAGE Plaintiff, VICKI BOUDMAN C. BLAINE BOUDMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-251-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, DfB/A MNC MORTGAGE, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUII~, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) VICKI BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE, PA 17013 C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE, PA 17013 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NA/VlE LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 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 so indicate.) None 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 LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 26 WEST EPPLEY DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare 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 beliefi I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 2,2001 DATE Attorney for Pla miff FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE Plaintiff, VICKI BOUDMAN C. BLAINE BOUDMAN Defendant(s). TO: VICKI BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-251-CIVIL August 29, 2001 C. BLAINE BOUDMAN 26 WEST EPPLEY DRIVE CARLISLE, PA 17013 **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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 26 WEST EPPLEY DRIVE, CARLISLE, PA 17013is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by FIRST HORIZON HOME LOAN CORPORATION, F/FdA FT MORTGAGE COMPANIES.: D/B/A MNC MORTGAGE (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 ShefiWs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's 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 find 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 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. You may need an attorney to assert yfur 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 Sheriffthe 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 Sheriffgives 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 Sheriffwithin 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 Sheriffwithin 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) 990o9108 ALL THAT CERTAIN tract of land situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by $ohn K. Boxier, III, R.S., dated 2/29/96 and recorded in the Oft2ce of the Recorder of Deeds. for Cumberland County in Plan Book 72 page 115, revised 4/10/96. as ft311ows: BEGINNING at an iron pin on the northern right of way line of West Eppley Drive at a corner of Lot 35, Section 2-A, on the plan of Forgedaie Crossing; thence along Lot 35. North 03 degrees 17 minutes and 08 seconds West, a distance of 150.00 feet to an iron pin: thence along Lot 30-A, Phase [, North 86 degrees 42 minutes and _~2 _;econds East, distance of 100.00 feet to an iron pin; thence along Lot 33, Section 2-A, South 03 .,[egrees 17 minutes and 08 seconds East, a distance of 151.02 feet to an iron pin on the northern right of way line of West Eppley Drive; thence along said northern right of way line of West Eppley Eri,:e, by a curve to the left having a radius of 495.00 feet and arc distance of 31.85 feet to a point :.n the right of way line: thence continuing along the northern right of way line of West Eppley Dr?e, South 86 de~ees 42 minutes and 52 seconds West, a distance of 68.18 feet to an h-on pin at Lot 35, Section 2-A, the place of BEGINNING. CONTAINING 15,000.00 Square feet and ~esignated as Lot 34, Section 2-A of Plan of Forgedale Crossing. Tax Parcel #40-10-0636-309 TITLE TO SAID PREMISES IS VESTED IN C. Blaine Boudman and Vicki Boudman. husbanC and wife by Deed from S & A. Custom Built Homes, l. nc., a PA Corp., dated 12/11/97. recorde2 12/16/97, in Deed Book 169, Page 429. WRIT OF EXECUTIONand/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF C~nberland NO.01-251 ClVIL~ TERM CIVIL ACTION - LAW COUNTY: To satisfy the debt, interest and costs due First Horizon Hcme Loan Corporation F/K/A Ft. Mortgage Companies D/B/A MNC Mortgage PLAINTIFF(S) from v~kl P~r~man C. Blaine Boudman 26 West EDDlev Drive, Carlisle, Pa. 17013 (1) You are directed to levy upon the property of the defendant(s) and to sell DEFENDANT(S) (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/are 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 inthe possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated, Amount Due S185,053.18 L.L. $0.50 Frc~ 7/6/01 to 12/5/01 (per diem-$3U.4Z) Interest 4.67q 79 Due Prothy ~ .o0 Atty's Comm % Other Costs Atly Paid 221.66 Plaint~f Paid Date: .qPp~P~nber 10. 2001 by: REQUESTING PARTY: Name Frsnk Federman. Esquire Address: One Penn Center at Suburban Station -Suite 1400 Philadelphia, Pa. 19103 Attorney for: Telephone: Supreme Court ID No. Curtis R. Lonq Prothonotary, Civil Division Deputy REAL ESTATE SALE On September 18, 2001, the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, known and numbered as 26 West Eppley Drive, Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September l8, 2001 By: Q~k~L[ ~71I~L-J6~ Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 12, 19, 26, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TATE ~ NO. 51 Writ No. 2001-251 Civil First Horizon Home Loan Corporation, f/k/a FT Mortgage Companies, d/b/a MNC Mortgage VS. Vlckl Boudman and C. Blaine Boudmma Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in South Middletown Town- ship, Cumberland County, Pennsyl- vania, bounded and described in accordance with a survey prepared SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER, 2001 LO~S E. SNYDER, Nota~ Public C~.f~le 8oro, Cumbedand County THE PATRIOT'NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approvad May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L, Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently du~y recorded in the office for the Recording of Deeds in and for said County of Daup,~in in Miscellaneous Book "M', Volume 14, Page 317. PUBLICATION ............................................................................................~../. COPY SA L E #51 REAk ,,TATE BALE NO, 51 lworn to and #l~la~r~d before me/~h~ 19th day of.,Novem~ 2001 A.D. Terry L. Ru~ell, Nota~ Public ~ J / / ~ Me.r, PennsyNania A~iat~ ol N~es NOTARY PUBLIC My commission expires June 6, 2~02 ~ CUMBERLAND COUNTY SHERIFFS OFFICE VkM ~latan a~l CUMBERLAND COUNTY COURTHOUSE ~t~/:Fm~ ~ CARLISLE, PA. 17013 DESCRIFI'ION ' ~ ' . .. Oaa~ia~t e..~ ~ ~'~ 1~ 13 ~ t IS, $ 290.14 ~l~af~*: a . '., Probating same Nota~ Fee(s) $ 1.50 ~my~d~a~ Total $ 291.64 ~~~ Publisher's Receipt for Advertising Cost - lhe Patriot News CO., pubflsher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and ce~ifies that the same have been duly paid, Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates