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HomeMy WebLinkAbout01-1505· McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Centex Home Equity Corporation Cumberland County P.O. Box 199111, Mail Stop AK7 Court of Common Pleas Dallas, TX 75219 Frederick L. Seiler and Claudette B. Seller and David L. Johnson, Ir. Number CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO Youhavebeensuedincourt. Ifyou wish to defend against Le han demandado a usted en la corte. Si usted quiere the claims set forth in the following pages, you must take defenderse de estas demandas ex-puestas en las paginas action within twenty (20) days after this complaint and siguientes, usted tiene veinte (20) dj, as de plazo al patter de notice are served, by entering a written appearance lafechadelademandaylanotificacion. Hacefaltaasentar personally or by attorney and filing in writing with the una comparencia escrita o en persona o con un abogado y court your defenses or objections to the claims set forth entregar a la corte en forma escriia sus defensas o sus against you. You are warned that if you fail to do so the objeciones a las demandas en contra de su persona. Sea case may proceed without you and a judgment may be avisado que si usted no se defiende, la corte tomara entered against you by the court without further notice for medidas y puede conimuar la demanda en contra suya sin anymoneyclaimedinthecomplaintorforanyotherclaim previo aviso o notificacion. Ademas, la corte puede or relief requested by the plaintiff. You may lose money or decidir a favor del demandante y requiere que usted property or other rights important to you. cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LLEVE ESTA DEMANDA A UN ABOGADO LAWYER AT ONCE. IF YOU DO NOT HAVE A INMEDIATAMENTE. SI NO TIENE ABOGADO LAWYER OR CANNOT AFFORD ONE, GO TO O SI NO TIENE EL DINERO SUFICIENTE DE OR TELEPHONE THE OFFICE SET FORTH PAGAR TAL SERVICO, VAYA EN PERSONA O BELOW TO FIND OUT WHERE YOU CAN GET LLAME POR TELEFONO A LA OFICINA CUYA HELP. DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Cumberland County Bar Association 2 Liberty Avenue 2 Liberty Avenue Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-3166 (717) 24%3166 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790~1010 Centex Home Equity Corporation Cumberland County P.O. Box 199111, Mail Stop AK7 Court of Common Pleas Dallas, TX 75219 Frederick L. Seller 3013 Lincoln Street Camp Hill, PA 17011 and Claudette B. Seller 3013 Lincoln Street Camp Hill, PA 17011 and 3013 Lincoln Street Camp Hill, PA 17011 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Centex Home Equity Corporation, a corporation duly organized under the laws of Nevada and doing business at the above captioned address. 2. The Defendant is Frederick L. Seiler, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last*known address is 3013 Lincoln Street, Camp Hill, PA 17011. 3. The Defendant is Claudette B. Seiler, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last*known address is 3013 Lincoln Street, Camp Hill, PA 17011. 4. The Defendant is David L. Johnson, Ir., who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 3013 Lincoln Street, Camp Hill, PA 17011. 5. On 11/23/99, mortgagors 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 1585, Page 618. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 3013 Lincoln Street, Camp Hill, PA 17011. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/1 / 00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $81,850.10 Interest 6/1/00 through 3/13/01 $ 7,741.00 (Plus $30.24 per diem thereafter) Attorney's Fee $ 4,092.00 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $94,233.10 9. 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 based on work actually performed. 10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "B." WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $94,233.10, together with interest at the rate of $30.24 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff 10,'04/00 08:32 FAX 214 756 2055 CENTEX HOME EQUITY ~005 · .CERTIFIED TO BE A TRUE AND PREPARED EY: CTX MOI~T(~AGE CO~.~ ~.0. ~ox 199000, FIN~ DOCS Dallas, TX 75219-9000 121027305~ [Space A~v= T~s L}~ For Re~ing Dam] MORTGAGE THIS MORTGAGE ("Security humameat") is given on ' NOVE~I~R 23, 1999 . ~e ~oRgagot b ~DERICK L, SEILE~ ~ DAVID h. JO~S0~ ~. ("Borrower"). ~is Securi~ ~s~e~t is ~ven to C~Z ~0~ CO~ which is organized and. existing under rite laws of , trod whose' addressis l~.O. SOX 199000, Di~,TJ.AS, TX 75219 ("Lender"). Borrower owes Lender the principal sum of NINI~T¥ THOUSAND TWO ~UNDRED SIXTY FIVE & 59/100 Dollaxs (U.S. $ 90,265.59 ). TI~ debt is evidenced by Borrower's note dated the same date as [bis Security h~strt,m~nt ("Note"). which provides for monthly payments, with the full debt, i.f not paid earlier, due sad payable on D~-C~I~R 1, 2029 . This Security LustrUmealt sectues to Lender: (a) the repayment of the debt evidenced by the Note. with interest, and all renewal~, extensions modRkations of the Note; (b) the payment of all other sums, with interest, adv~ced unclear paragraph 7 to protect the security of Ibis Security I~strumeat; and (c) the performance of Borrower's covenailts and agreements under lifts Security l~strument and the Note, For this purpose, Borrower d~es hereby mortgage, grant and convey to Lender the following desoribed property located CEIM~RLAlffD Cotttlty, Pemuylvania: All that tract or parcel o£ land as eho~rn on Sche~tule "A" at~ached here=o which is incorporated herein and made a part hereof. which has the address of 3013 LINCOLN ~T~ET, CA~I· HILL [Street. City]. Penu~ylvania 17 011 (' Proper~ Addr~s "); [Zip Code] PENNSYLVANIA- Single Family - FN~HLMO UNIFORMIN~TRUMENT 10/04/00 08:32 FA.'( 214 756 2055 CENTEX HOME ECJUITY ~oo6 ALL T}iiAT CERTAIN lot or tract of land situate i~ the Borough of Cm~lp Hill, Cotmty of Cumbcrlmad and Commonwealth of Pennsylvania, being Lot No. 4, Block "N", on Plan of Lots of Beverly Park, Camp Hill, which Plata is recorded in the Recorder's Office in and for Ctmrberland Coumy, in Plan Book 3, Page 19, more particularly bounded m~d described as follows, to wit: BEGI.,NrNING at a point on the south side of Lincoln S'a-eet 206.5 feet West of 30~h Street at the dividing line betxveen Lots Nos. 3 and 4, Block N on the Plan of Lots hereinbefore-mentioned; thence South along said dividing line 115 feet to a point on line of Lot No. 6, Block N, on said Plm~; thence West along the same 60 feet to a point at the dividh~g lh~e between Lots Nos. 4 atad 5, Block N on said Plan~ thence North along said dividing line 129.9 feet to a point on thc southern side of Lh)cohu Street; thence east along the southern side of Lhacoln Street; thence east along the southern side of Lincoln Street 60 feet to a point, the place of BEGI'NNING. HAVING thereon erected a one story brick dwelling l~own as 3013_l.~w.x>J~Stre_e.t~ Camp Hill. Pennsylvania. IT BEING the satne premises which Susan C. Mat'ston, shagle, by a Deed dated November 23, 1999 and to be recorded herewith in the Recorder of Deeds Office or-Dauphin Comaty, granted and conveyed unto Fred.rick L. Seller and Claudette B. Seiler, husband and wife, and David L. Jotmson, Jr., the MORTGAGOR herein. ~ EXHIBIT "A" D:',N L\nESC\3(J [ 3-LIN,COL October 18, 2000 Claudette B. Seiler 3013 Lincoln Street Camp Hill, PA 17011 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. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. 70 see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselin~ Agency. The name, address and phone number of Consumer Credit Counseling A~encies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342~2397 (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. [.A NOTIFICACIO EN ADJIJNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO 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. HOMEOWNER'S NAME(S): Frederick L. Seiler & Claudette B. Seiler PROPERTY ADDRESS: 3013 Lincoln Street Camp Hill, PA 17011 LOAN ACCOUNT NLrMBER: 245102196 ORIGINAL LENDER: Centex Home Equity Corporation CURRENT LENDER/SERVICER: Centex Home Equity Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE LIP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the masons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the 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 S O OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN · BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at 3013 Lincoln Street Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: approximately $1,019.73 for the months of July 2000 through October 2000 Other charges: TOTAL AMOUNT PAST DUE: $4,504.54 HOW TO CURE THE DEFAULT--You may cure this default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,504.54, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Kim Campbell Centex Home Equity Corpoation P.O. Box 199111 Mail Stop AK7 Dallas, TX 75219 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 mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriffto pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable 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. Ifvou 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 pr/ncipal 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 pefiod and foreclosure proceedings have begun, you still have the fight to cure the default and preverlt the sale at any time up to one hour before the Sheriff's Sale. You ma,/do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five 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 find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Centex Home Equity Corpoation Address: P.O. Box 199111 Mail Stop AK7, Dallas, TX 75219 Phone Number: 1-214-756-2136, Ext. Fax Number: 1-214-756-2055 Contact Person: Klm Campbell 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 any time. ASSUMPTION OF MORTGAGE--You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. - TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. - TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOLrR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) - TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. - TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. - TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE TIlE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the yalidity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7000 0600 0025 7947 4889 RETURN RECEIPT REQUESTED PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 October 18, 2000 Frederick L. Seiler 3013 Lincoln Street Camp Hill, P.A. 170I 1 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Th. is is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the prom'am works. To see if ttEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving Your County are listed at :lie end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO 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. HOMEOWNER'S NAME(S): Frederick L. Seller & Claudette B. Seiler PROPERTY ADDRESS: 3013 Lincoln Street Camp Hill, PA 17011 LOAN ACCOUNT NUlVlBER: 245102196 ORIGINAL LENDER: Centex Home Erluitv Corporation .CURRENT LENDER/SERVICER: Centex Home Equity Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FOKECLOSLrRE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEENT CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (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 yOLrR MORTGAGE LIP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance fi'om the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified d, irectly 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 BANKRLrPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at 3013 Lincoln Street Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: approximately $1,019.73 for the months of July 2000 through October 2000 Other charges: TOTAL AMOUNT PAST DUE: $4,504.54 HOW TO CURE THE DEFAULT--You may cure this default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,504.54, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Kim Campbell Centex Home Equity Corpoation P.O. Box 199111 Mail Stop AK7 Dallas, TX 75219 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 lende!c also intends to instruct its a!tomeys to start legal action to foreclose upon your mortgaged property. IF TIlE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender 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. B.10HT,TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by payin~ the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. E__ARLIEST 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 five months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Centex Home Equity Corpoation Address: P.O. Box 199111 Mail Stop AK7, Dallas, TX 75219 Phone Number: 1-214-756-2136, Ext. Fax Number: 1-214~756-2055 Contact Person: Kim Campbell EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. - TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. - TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) - TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR AIX~Y 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. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address o f the original creditor, THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7000 0600 0025 7947 4896 RETURN RECEIPT REQUESTED PENi~SYLVA~IA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FA~X # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 January2,2001 David L. Johnson, Jr. 3013 Lincoln Street Camp Hill, PA 17011 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. 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 program works. To see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE RECEIPT OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance A~encv toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO 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. HOMEOWNER'S NAME(S): Frederick L. Seiler, Claudette B. Seller & David L. Johnson, Jr. PROPERTY ADDRESS: 3013 Lincoln Street Camp Hill, PA 17011 LOAN ACCOUNT NLrMBER: 245102196 ORIGINAL LENDER: Centex Home Equity Corporation CURRENT LENDER/SERVICER: Centex Home Equity Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - 11~ 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 receipt 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 (30) DAYS OF RECEIPT OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified · directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILiNG OF A PETITION 1N BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR iNFORMATION PU-RPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at 3013 Lincoln Street Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: approximately $1,019.73 for the months of July 2000 through December 2000 Other charges: TOTAL Ah,IOUNT PAST DUE: $4,504.54 HOW TO CURE THE DEFAULT--You may cure this default within THIRTY (30) DAYS of the receipt of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO TIlE LENDER, WHICH IS $4,504.54, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Klm Campbell Centex Home Equity Corporation P.O. Box 199111 Mail Stop AK7 Dallas, TX 75219 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the receipt of this Notices 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 OF RECEIPT OF THIS NOTICE, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriffto pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable 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 THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, 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 an,/time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Centex Home Ecluitv Corporation Address: P.O. Box 199111 Mail Stop AKT, Dallas, TX 75219 Phone Number: 1-214-756-2136, Ext. Fax Number: 1-214-756-2055 Contact Person: K/m Campbell EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. - TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. - TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) - TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. - TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. - TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. F'OR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with thc name and addrcss of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NLrMBER 7099 3400 0014 2626 9781 RETURN RECEIPT REQUESTED Enclosure: Validation of Debt Notice Validation of Debt Notice Pursuant to the Fair Debt Collection Practice Act (FDCPA) (1S USC 1692), a consumer debtor is required to be sent the following notice: (1) unless the consumer, within thirty (30) days after receipt of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector, and (3) upon the consumer's written request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Our demand ~r immediate payment does not eliminate your right to dispute this debt within thirty days of receipt of this notice. If you choose to do so, we are required by law to cease our collection efforts until we have mailed that in~rmation to you. Although we have requested that you make payment or provide a valid reason ~r nonpaymen~ you still have the right to make a written request, within thirty days of your receipt of this notice, ~r more in~rmation about the debt. Your rights are described ~rther, hereina~er. The law office of McCABE, WEISBER~ AND CONWAY, P.C. is acting as a debt collector, pursuant to the FDCPA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT ANDAN-Y INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Federal Trade Commission has ruled that The FDCPA does not preclude the institution of legal action prior to the expiration of the thirty day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by my client. Please note that I may be instructed to proceed with foreclosure and fees, costs and/or advances by the mortgagee may be due in addition to the su/n quoted above. Please further note that any funds tendered will be subject to verification and correctness before the matter is concluded. Please feel free to contact this office upon receipt of this notice should you have any questions or concerns. Terrence McCabe, Esquire McCabe, Weisberg, & Conway, P.C. First Union Euilding 123 South Broad Street Suite 2080 Philadelphia, PA 19109 PEN-NSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBEELA~-D COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street ~arrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FA~ # (717) 243-3948 VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-01505 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENTEX HOME EQUITY CORPORATION VS SEILER FREDERICK L ET AL R. Thomas Kline .,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SEILER FREDERICK but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND as to the within named DEFENDANT , SEILER FREDERICK VALID ADDRESS, HOWEVER DEFT. S COULD NOT BE LOCATED PRIOR TO EXP. DATE OF 4/16/01. Sheriff's Costs: So answe~. NOT FOUND RETURN 5.00 R.'Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 42.30 MCCABE, WEISEERG & CONWAY 04/19/200i Sworn and subscribed to before me this ~3~ day of g~/ A.D. Prothc~not ary SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-01505 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENTEX HOME EQUITY CORPOP~ATION VS SEILER FREDERICK L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SEILER CLAUDETTE B but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOTICE , NOT POUND , as to the within named DEFENDANT SEILER CLAUDETTE B VALID ADDRESS, HOWEVER DEFT. COULD NOT BE LOCATED THERE PRIOR TO EXP. DATE OF 4/16/01. Sheriff' s Costs: So answer~e: ~_.-~Y ~- / Docketing 6.00 ~- NOT FOUND RETURN 5.00 Affidavit .00 P~. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 MCCABE, WEISBERG & CONWAY 04/ /2oo Swern and subscribed to before me this ~3~ day of%A~ ~/ A.D. ~onotary ~ McCABE, WEISBERG AND CON-WAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 CENTEX HOME EQUITY CORPORATION : CUMBERLAND COUNTY COURT OF COMMON PLEAS FEDERICK L. SEILER : and : CLAUDETTE B. SEILER : and : DAVID L. JOHNSON, JR. : NUMBER 01-1505 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CAS i NO: 2001-01505 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTEX HOME EQUITY CORPORATION VS SEILER FREDERICK L ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SEILER FREDERICK the DEFENDANT , at 2035:00 HOURS, on the 27th day of August , 2001 at 3013 LINCOLN ST CAMP HILL, PA 17011 by handing to CLAUDETT SEILER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Service 18.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 46.20 08/28/2001 MCCABE WEISBERG & CONWAY Sworn and Subscribed to before By: me this /~ ~ day of / 9rothonotary ' ' OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Frothonotary To: Frederick L. Seiler 3013 Lincoln Street Camp Hill, PA 17011 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Frederick L. Seiler : and : Claudette B. Seiler : and : David L. Johnson, Jr. : Number 01-1505 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicate/~ below. Curtis R. Long ~/' Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Claudette B. Seiler 3013 Lincoln Street Camp Hill, PA 17011 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Frederick L. Seiler : and : Claudette B. Seiler : and : David L. Johnson, Jr. : Number 01-1505 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicate~below. Curtis R. g %/ Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary TO: David L. Johnson, Jr. 3013 Lincoln Street Camp Hill, PA 17011 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Frederick L. Seiler : and : Claudette B. Seller : and : David L. Johnson, Jr. : Number 01-1505 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated~elow. Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. McCABE, WEISBERG AND CONWAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Frederick L. Seiler : and : Claudette B. Seiler : and : David L. Johnson, Jr. : Number 01-1505 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant(s) in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $ 94,233.10 Interest from 3/14/01-10/22/01 $ 6,743.52 TOTAL $100,976.62 TERRENCE J. McCABE, ESQUIRE AND NOW, this 30~ day of ~C~c~/~. , 2001, Judgment is entered in favor of Plaintiff, Centex Home Equity Corporation and against Defendant(s) Frederick L. Seller and Claudette B. Seiler and David L. Johnson, Jr. and damages are assessed in the amount of $100,976.62, plus interest and costs. BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Frederick L. Seiler : and : Claudette B. Seiler : and : David L. Johnson, Jr. : Number 01-1505 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND: The undersigned, being duly sworn according to law, deposes and says that the Defendant(s) is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant (s), Frederick L. Seller and Claudette B. Seller and David L. Johnson, Jr., is over eighteen {18} years of age, and resides at 3013 Lincoln Street, Camp Hill, PA 17011. SWORN TO AND SUBSCRIBED ' 7/ ~// BEFORE ME THIS~Y~ DAY TBRRENCE J. McCABE, ESQUIRE OF ~~ 2001. Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIEE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 {215) 790-1010 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Frederick L. Seiler : and : Claudette B. Seller : and : David L. Johnson, Jr. : Number 01-1505 Civil Term CERTIFICATION 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. 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 the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is ~A" /~ attached hereto and marked Exhibit .///// SWORN TO AND SUBSCRIBED TERRENCE J. McCABE, ESQUIRE BEFORE ME THIS ~Zk~DAY Attorney for Plaintiff oF , VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE EXHIBIT 'A' OFFICE OF T~ PROTHONOTARY COTIRT 02' COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary September 24, 2001 To: Frederick L. Seiler 3013 Lincoln Street Camp Hill, PA 17011 Centex Home Equity Corporation Cumberland County V. Court Of Common Pleas Frederick L. Seiler and Claudette B. Seiler and David L. Johnson, Jr. Number 01-1505 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You are in default because you have failed to Usted se encuentra en estado de rebeLdia por enter a written appearance personaLLy or by no haber presentads una comparecencia escrita, attorney and file in writing with the Court ya sea personaLmente o pot abogado y por no your defenses or objections to the claims set haber radicado pot escrito con este TribunaL forth against you. UnLess you act within ten sus defensas u objeciones a Los recLamos (10) days from the date of this notice, a formuLados en contra suyo. AL no romar La judgment may be entered against you without acc~on debida dentro de diez (10) dias de La a hearing and you may Lose your property or fecha de esta notificac~on, el Tribunal podra, other important rights. You should take this sin necesidad de comparecer usted en corte u notice to a Lawyer at once. If you do not sir preuba aLguna, dictar sentencia en su have a [a~,er or cannot afford one, go to or contra y usted pedria perder bienes u otros telephone the following office to find out derechos importantes. Debe [[evar esta where you can get Legal help: notificacion a un abogedo fr~ediatamente, si usted no tiene abogado, o si no tiene diners suficiente para tal servicio, vaya en persona o LLame par te[efono a La oficina, nombrada para averiguar si puede conseguir asistencia LegaL. Court Administrator Court Administrator Cumber[and County Courthouse Cumber[and County Courthouse CarLisLe, PA 17013 CarLisLe, PA 17013 (717) 240-6200 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone nua~ber: (215) 790-1010 TJM/st EXHIBIT "A" OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary September 24, 2001 To: Claudette B. Seller 3013 Lincoln Street Camp Hill, PA 17011 Centex Home Equity Corporation Cumberland County V. Court Of Common Pleas Frederick L. Seller and Claudette B. Seller and David L. Johnson, Jr. Number 01-1505 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTAI~T NOTICE NOTIFICACION IMPORTANTE You are in default because you have failed to Usted se encuentra en estado de rebe[dia pot enter a written appearance personally or by no haber presentado una comparecencia escrita, attorney and file in writing with the Court ya sea persona[mente o por abogado y por no your defenses or objections to the claims set haber radicado por escrito con este Tribunal forth against you. Unless you act within ten sus defensas u objeciones a los reclamos (10) days fram the date of this notice, a formulados en contra suyo. AL no tomar la judgment may be entered against you without accion debida dentro de diaz (10) dias de la a hearing and you may lose your property or fecha de esta notificacion, el Tribunal podra, other important rights. You should take this sin necesidad de comparecer usted en corte u notice to a lawyer at once. if you do not oir preuba a[guna, dictar sentencia en su have a lawyer or cannot afford one, go to or contra y usted podria perder bienes u otros telephone the fo[lowing office to find out derechos importantes, gebe [levar esta where you can get legal help: notificacion a un abogado inmediatamente. Si usted no tiene abogado, o si no tiene dinero suficiente para ta[ servicio, vaya en persona o [lame por te[efono a la oficina, nombrada para averiguar si puede conseguir asistencia legal. Court Administrator Court Administrator cumberland County Courthouse cumber[and County Courthouse Carlisle, PA 17013 Carlisle, PA 17013 (717) 240-6200 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Eroad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number= (215) 790-1010 TJM/st EXHIBIT "A" OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary September 24, 2001 To: David L. Johnson, Jr. 3013 Lincoln Street Camp Hill, PA 17011 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Frederick L. Sailer : and : Claudette B. Seiler : and : David L. Johnson, Jr. : Number 01-1505 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You are in default because you have failed to Usted se encuentra en estado de rebeldia per enter a written appearance personally or by no haber presentado una comparecencia escrita, attorney and file in writing with the Court ya sea personalmente o pot abogado y pot no your defenses or objections to the claims set haber radlcado pot escrito con este Tribunal forth against you. Unless you act within ten sus defensas u objec~onea a [os rec[amos (10) days from the date of this notice, a formu[ados en contra suyo. AL no tomar La judgment may be entered against you without accion debida dentro de diez (10) dias de La a hearing and you may lose your property or fecha de esta notiflcacion, el Tribunal podra, other important rights. You should take this sin necesidad de comparecer usted en corte u notice to a Lawyer at once. If you do not oir preuba a[guna, dictar sentencia en su have a lawyer or cannot afford one, go to or contra y usted podria perder bienes u otros telephone the fo[towing office to find out derechos importantes, oebe lLevar esta where you can get regal help: notificacion a un abogado inmediata~nte. Si usted no tiene abogado, o si no tiene dinero suficfente para ta[ servicio, vaya en persona ol[ame per te[efono a La oficina, nombrada para averiguar si puede conseguir asistencia legal. Court Administrator Court Administrator Cumberland County Courthouse Cumber[and County Courthouse Carlisle, PA 17015 Carlisle, PA 17013 (717) 240-6200 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone n%unber: (215) 790-1010 TJM/st IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Centex Home Equity Corporation FILE NO.: 01-1505 Civil Term P.O. Box 199111, Mail Stop AK7 Dallas, TX 75219 AMOUNT DUE: $100,976.62 V. Frederick L. Seiler INTEREST: from 10/23/01 and Claudette B. Seiler ATTY'S COMM.: and COSTS: David L. Johnson, Jr. 3013 Lincoln Street, Camp Hill, PA 17011 TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 Of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 3013 Lincoln Street, Camp Hill, PA 17011. (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of N/A County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant (s) in the possession, custody or control of the said garnishee(s) . (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. October DATE: Signature: Print Name: TERRENCE J. McCABE, ESQUIRE Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR TRACT OF LJ~ND SITUATE IN THE BOROUGH OF CAMP HILL, COUNTY OF CUMBERLAND/LND COMMONWEALTH OF PENNSYLVANIA, BEING LOT NO. 4, BLOCK "N" ON PLAN OF LOTS OF BEVERLY PARK, CAMP HILL, WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY, IN PLA/~ BOOK 3, PAGE 19, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTH SIDE OF LINCOLN STREET 205.5 FEET WEST OF 30~ STREET AT THE DIVIDING LINE BETWEEN LOTS NOS. 3 AND 4, BLOCK N AND THE PLAN OF LOTS HEREINBEFORE-MENTIONED; THENCE SOUTH ALONG SAID DIVIDING LINE 115 FEET TO A POINT ON LINE OF LOT NO. 6, BLOCK N, ON SAID PLAN; THENCE WEST ALONG THE SAME 60 FEET TO A POINT AT THE DIVIDING LOTS NOS. 4 AND 5, BLOCK N ON SAID PLAN, THENCE NORTH ALONG SAID DIVIDING LINE 129.9 FEET TO A POINT ON THE SOUTHERN SIDE OF LINCOLN STREET, THENCE EAST ALONG THE SOUTHERN SIDE OF LINCOLN STREET; THENCE EAST ALONG THE SOUTHERN SIDE OF LINCOLN STREET 60 FEET TO A POINT, THE PLACE OF BEGINNING. HAVING THEREON ERECTED A ONE STORY BRICK DWELLING KNOWN AS 3013 LINCOLN STREET, CAMP HILL, PENNSYLVANIA. Parcel ID # 01-21-0273-053 Being Known As: 3013 Lincoln Street, Camp Hill, PA 17011 McCABE, WEISBERG AND CON-WAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Frederick L. Seiler : and : Claudette B. Seiler : and : David L. Johnson, Jr. : Number 01-1505 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 3013 Lincoln Street, Camp Hill, PA 17011, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Frederick L. Seiler 3013 Lincoln Street, Claudette B. Seiler Camp Hill, PA 17011 David L. Johnson, Jr. 2. Name and address of Defendant(s) in the judgment: Name Address Frederick L. Seiler 3013 Lincoln Street, Claudette B. Seiler Camp Hill, PA 17011 David L. Johnson, Jr. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s)/Occupant(s) 3013 Lincoln Street, Camp Hill, PA 17011 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 22, 2OOl /4/ October DATE TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff - EXHIBIT LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING LOT NO. 4, BLOCK UN" ON PLAN OF LOTS OF BEVERLY PARK, CAMP HILL, WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY, IN PLAN BOOK 3, PAGE 19, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTH SIDE OF LINCOLN STREET 205.5 FEET WEST OF 30TM STREET AT THE DIVIDING LINE BETWEEN LOTS NOS. 3 AND 4, BLOCK N AND THE PLAN OF LOTS HEREINBEFORE-MENTIONED; THENCE SOUTH ALONG SAID DIVIDING LINE 115 FEET TO A POINT ON LINE OF LOT NO. 6, BLOCK N, ON SAID PLAN; THENCE WEST ALONG THE SAME 60 FEET TO A POINT AT THE DIVIDING LOTS NOS. 4 AND 5, BLOCK N ON SAID PLAN, THENCE NORTH ALONG SAID DIVIDING LINE 129.9 FEET TO A POINT ON THE SOUTHERN SIDE OF LINCOLN STREET, THENCE EAST ALONG THE SOUTHERN SIDE OF LINCOLN STREET; THENCE EAST ALONG THE SOUTHERN SIDE OF LINCOLN STREET 60 FEET TO A POINT, THE PLACE OF BEGINNING. HAVING THEREON ERECTED A ONE STORY BRICK DWELLING KlqOWN AS 3013 LINCOLN STREET, CAMP HILL, PENNSYLVANIA. Parcel ID # 01-21-0273-053 Being Known As: 3013 Lincoln Street, Camp Hill, PA 17011 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Num~ber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Frederick L. Seiler : and : Claudette B. Seller : and : David L. Johnson, Jr. : Number 01-1505 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Frederick L. Seiler Claudette B. Seiler David L. Johnson, Jr. 3013 Lincoln Street, Camp Hill, PA 17011 Your house (real estate) at 3013 Lincoln Street, Camp Hill, PA 17011, (more fully described as attached) is scheduled to be sold at Sheriff's Sale on March 06, 2002, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $94,233.10 obtained by Centex Home Equity Corporation against you. 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: 1. The sale will be canceled if you pay to Centex Home Equity Corporation the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. 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 the following notice on how to obtain an attorney.) YOU MAY STILL BE AELE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on April 05, 2002. 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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after April 05, 2002. 7. You may also have other rights and defenses, or ways of getting your real estate 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. LAWYER REFERRAL SERVICE OR CUMBERLAND COUNTY COURT ADMINISTRATOR BAR ASSOCIATION 4TH FLOOR, 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (717) 240-6200 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR THACT OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING LOT NO. 4, BLOCK UN" ON PLAN OF LOTS OF BEVERLY PARK, CAMP HILL, WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY, IN PLAN BOOK 3, PAGE 19, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTH SIDE OF LINCOLN STREET 205.5 FEET WEST OF 30TM STREET AT THE DIVIDING LINE BETWEEN LOTS NOS. 3 AND 4, BLOCK N AND THE PLAN OF LOTS HEREINBEFORE-MENTIONED; THENCE SOUTH ALONG SAID DIVIDING LINE 115 FEET TO A POINT ON LINE OF LOT NO. 6, BLOCK N, ON SAID PLAN; THENCE WEST ALONG THE SAME 60 FEET TO A POINT AT THE DIVIDING LOTS NOS. 4 AND 5, BLOCK N ON SAID PLAN, THENCE NORTH ALONG SAID DIVIDING LINE 129.9 FEET TO A POINT ON THE SOUTHERN SIDE OF LINCOLN STREET, THENCE EAST ALONG THE SOUTHERN SIDE OF LINCOLN STREET; THENCE EAST ALONG THE SOUTHERN SIDE OF LINCOLN STREET 60 FEET TO A POINT, THE PLACE OF BEGINNING. HAVING THEREON ERECTED A ONE STORY BRICK DWELLING KNOWN AS 3013 LINCOLN STREET, CAMP HILL, PENNSYLV/LNIA. Parcel ID # 01-21-0273-053 Being Known As: 3013 Lincoln Street, Camp Hill, PA 17011 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Ntunber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Centex Home Equity Corporation Cumberland County V. Court Of Common Pleas Frederick L. Seiler and Claudette B. Seiler and David L. Johnson, Jr. Number 01-1505 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 11th DAY OF JANUARY, 2002, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." TERRENCE J. McCABE, SSQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 11=h DAY OF JANUARY, 2002. TARY t~3BLI~ 0 ~J McCABE, WEISBERG AND CONWAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification N%unber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Frederick L. Seiler : and : Claudette B. Seiler : and : David L. Johnson, Jr. : Number 01-1505 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 3013 Lincoln Street, Camp Hill, PA 17011, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Frederick L. Seller 3013 Lincoln Street, Claudette B. Seller Camp Hill, PA 17011 David L. Johnson, Jr. 2. Name and address of Defendant(s) in the judgment: Name Address Frederick L. Seller 3013 Lincoln Street, Claudette B. Seller Camp Hill, PA 17011 David L. Johnson, Jr. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name EXHIBIT ,~,,,ress None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s)/Occupant(s) 3013 Lincoln Street, Camp Hill, PA 17011 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. January 11, 2002 DATE TERRENCE J. McCABE% Attorney for Plaintiff EXHIBIT McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Frederick L. Seller : and : Claudette B. Seller : and : David L. Johnson, Jr. : Number 01-1505 Civil Term DATE: January 11, 2002 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Frederick L. Seller and Claudette B. Seiler and David L. Johnson, Jr. PROPERTY: 3013 Lincoln Street, Camp Hill, PA 17011 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on March 06, 2002, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments on the property which will 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. EXHIBIT "B" McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Nua~ber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Frederick L. Seiler and Claudette B. Seiler and David L. Johnson, Jr. Number 01-1505 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 29tn DAY OF JANUARY, 2002, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS 29tn DAY OF JA~NUARY, 2002. MICHELLE A. HOLACIK, Nota~ Public City d Philadelphia, Phila. C0u~%' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Frederick L. Seiler : and : Claudette B. Seiler : and : David L. Johnson, Jr. : Number 01-1505 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 3013 Lincoln Street, Camp Hill, PA 17011, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner{s) or Reputed Owner(s): Name Address Frederick L. Seller 3013 Lincoln Street, Claudette B. Seiler Camp Hill, PA 17011 David L. Johnson, Jr. 2. Name and address of Defendant(s) in the judgment: Name Address Frederick L. Seiler 3013 Lincoln Street, Claudette B. Seiler Camp Hill, PA 17011 David L. Johnson, Jr. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. INTERNAL REVENUE SERVICE U.S. TREASURY DEPT PITTSBURGH OFFICE,RM 808 1000 LIBERTY AVENUE PITTSBURGH, PA 15222-9974 USA, IRS FEDERATED INVESTORS TOWER 1001 LIBERTY AVENUE 13TM FL, STE 1300 PITTSBURGH, PA 15222 USA C/O U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA 235 NORTH WASHINGTON STREET SCRANTON, PA 18503 E)(H IBIT C/O U.S. AT ERAL BLDG, 228 WALNUT ST MIDDLE . DIS] BOX 11754 HARRISBURG, PA 17108 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. SUSAN C. MARSTON 3013 LINCOLN STREET CAMPHILL, PA 17011 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s)/Occupant(s) 3013 Lincoln Street, Camp Hill, PA 17011 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. January 29, 2002 ~Q ~~ ~ ~~ ~~ ~ ~E~S~~-~ DATE TERRENCE J. McCABE, RE Attorney for Plaintiff EXHIBIT "K' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Prederick L. Seller : and : Claudette B. Seiler : and : David L. Johnson, Jr. : Number 01-1505 Civil Term DATE: January 11, 2002 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Frederick L. Seller and Claudette B. Seiler and David L. Johnson, Jr. PROPERTY: 3013 Lincoln Street, Camp Hill, PA 17011 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on March 06, 2002, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments on the property which will 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. EXHIBIT "B" STATE OF PENNSYLVANIA, / COUNTY OF CUMBERLANDI ss. Robert: P Ztegler I, .............................................................................. Recorder of Deeds in and for said County and State do'hereby c~rtlfy that the Sheriff's Deed in which ................ Cen~ex Home Equity Corp - - is the grantee the mrna having been sold to said grantee on the ............................................... day of March 2002 ........................................ A. D., ..' ..... , under and by virtue of a writ Execut:ion ................................................ k~ucd on thc 30th Oct 2001 day Of .......................... A.D., ..... ~ out of thc Gom't Of Comman Ple,~ of .~id County'~ of Civil 200 1 .................................................................................. Term, ...... Number ~505 Centex Home Equity Corp .............. , at the su;t o[ ............................................................... Frederick L Seller & Claudette B Seller ................................... against ................ ..D~=~ ~_c~ _ .[7 _ ~.O trrl ~r t~ r~_ _ ~l.r ......... is duly ~co~ded in SherifFs Deed Book No. _ .2_5..0_ ...... , Page. .... 4.9 ...... 0 5 IN TESTIMONY WHEREOF, I have hereunto set my hz. nd and seal of ~ald office this~ ..... day Centex Home Equity Corporation In The Court of Common Pleas of VS Cumberland County, Pennsylvania Frederick L. Seiler, Claudette B. Writ No. 2001-1505 Civil Term Seiler and David L. Johnson, Jr. Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on November 05, 2001 at 6:58 o'clock P.M., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Frederick L. Seiler, by making known unto Claudette Seiler, adult in charge, at 3013 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on November 05, 2001 at 6:58 o'clock P.M., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Claudette B. Seiler, by making known unto Claudette Seiler personally, at 3013 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on November 05, 2001 at 6:58 o'clock P.M., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: David L. Johnson, Jr., by making known unto Claudette Seiler, adult in charge, at 3013 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on January 04, 2002 at 10:52 o'clock A.M., E.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 Frederick L. Seiler, Claudette B. Seiler and David L. Johnson, Jr., located at 3013 Lincoln Street, Camp Hill, Pennsylvania, according to law. 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: Frederick L. Seiler, by regular mail to his last known address of 3013 Lincoln Street, Camp Hill, PA 17011. This letter was mailed under the date of January 18, 2002 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: Claudette B. Seiler, by regular mail to her last known address of 3013 Lincoln Street, Camp Hill, PA 17011. This letter was mailed under the date of January 18, 2002 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 Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: David L. Johnson, Jr., by regular mail to his last known address of 3013 Lincoln Street, Camp Hill, PA 17011. This letter was mailed under the date of January 18, 2002 and never retumed to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $30,000.00 to Attomey Terrence McCabe for Centex Home Equity Corporation. It being the highest bid and best price received for the same, Centex Home Equity Corporation of P.O. Box 199111, Mail Stop AK7, Dallas, TX 75219, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $784.83, it being costs. Sheriff' s Costs: Docketing $30.00 Poundage 15.39 Advertising 15.00 Posting Handbills 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 19.50 Certified Mail .24 Levy 15.00 Surcharge 40.00 Legal Search Law Journal 265.40 Patriot News 251.10 Share of Bills 24.20 Distribution of Proceeds 25.00 Sheriff's Deed 27.50 $784.83 Sworn and subscribed to before me So Answers: This ¥ -'?day of (~/e~ R. Thomas Kline, Sheriff 2002, A.D. ~rdthonot~ BY Real Estate Deputy McCABE, WEISBERGAND CONWAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Frederick L. Seller : and : Claudette B. Seiler : and : David L. Johnson, Jr. : Number 01-1505 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 3013 Lincoln Street, Camp Hill, PA 17011, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Frederick L. Seiler 3013 Lincoln Street, Claudette B. Seller Camp Hill, PA 17011 David L. Johnson, Jr. 2. Name and address of Defendant(s) in the judgment: Name Address Frederick L. Seiler 3013 Lincoln Street, Claudette B. Seller Camp Hill, PA 17011 David L. Johnson, Jr. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s)/Occupant(s) 3013 Lincoln Street, Camp Hill, PA 17011 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit-are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. october 22, 2001 DATE TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff F..XHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, COUNTY OF CUMBERLANDANDCOMMONWEALTH OF PENNSYLVANIA, BEING LOT NO. 4, BLOCK "N" ON PLAN OF LOTS OF BEVERLY PARK, CAMP HILL, WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY, IN PLAN BOOK 3, PAGE 19, MORE PARTICULARLY BOUNDED A_ND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTH SIDE OF LINCOLN STREET 205.5 FEET WEST OF 30T~ STREET AT THE DIVIDING LINE BETWEEN LOTS NOS. 3 AND 4, BLOCK NAND THE PLAN OF LOTS HEREINBEFORE-MENTIONED; THENCE SOUTH A_LONG SAID DIVIDING LINE 115 FEET TO A POINT ON LINE OF LOT NO. 6, BLOCK N, ON SAID PLAN; THENCE WEST ALONG THE SAME 60 FEET TO A POINT AT THE DIVIDING LOTS NOS. 4 AND 5, BLOCK N ON SAID PLAN, THENCE NORTH ALONG SAID DIVIDING LINE 129.9 FEET TO A POINT ON THE SOUTHERN SIDE OF LINCOLN STREET, THENCE EASTALONG THE SOUTHERN SIDE OF LINCOLN STREET; THENCE EAST ALONG THE SOUTHERN SIDE OF LINCOLN STREET 60 FEET TO A POINT, THE PLACE OF BEGINNING. HAVING THEREON ERECTED A ONE STORY BRICK DWELLING KNOWN AS 3013 LINCOLN STREET, CAMP HILL, PENNSYLVANIA. Parcel ID # 01-21-0273-053 Being Known As: 3013 Lincoln Street, Camp Hill, PA 17011 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification N%unber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Centex Home Equity Corporation : Cumberland County V. : Court Of Common Pleas Frederick L. Seiler : and : Claudette B. Seiler : and David L. Johnson, Jr. : Number 01-1505 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Frederick L. Seller Claudette B. Seiler David L. Johnson, Jr. 3013 Lincoln Street, Camp Hill, PA 17011 Your house (real estate) at 3013 Lincoln Street, Camp Hill, PA 17011, (more fully described as attached) is scheduled to be sold at Sheriff's Sale on March 06, 2002, at 10:00 a.m. in the Commissioner,s Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $94,233.10 obtained by Centex Home Equity Corporation against you. NOTICE OF OWRER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Centex Home Equity Corporation the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J? McCabe, Esquire at (215) 790-1010. 2. 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 the following notice 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on April 05, 2002. 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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after April 05, 2002. 7. You may also have other rights and defenses, or ways of getting your real estate 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 CA~ GET LEGAL HELP. LAWYER REFERRAL SERVICE OR CUMBERLAND COUNTY COURT ADMINISTRATOR BAR ASSOCIATION 4TH FLOOR, 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (717) 240-6200 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING LOT NO. 4, BLOCK "N" ON PLAN OF LOTS OF BEVERLY PARK, CAMP HILL, WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY, IN PLAN BOOK 3, PAGE 19, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTH SIDE OF LINCOLN STREET 205.5 FEET WEST OF 30TM STREET AT THE DIVIDING LINE BETWEEN LOTS NOS. 3 AND 4, BLOCK N ANDTHE PLAN OF LOTS HEREINBEFORE-MENTIONED; THENCE SOUTH ALONG SAID DIVIDING LINE 115 FEET TO A POINT ON LINE OF LOT NO. 6, BLOCK N, ON SAID PLAN; THENCE WEST ALONG THE SAME 60 FEET TO A POINT AT THE DIVIDING LOTS NOS. 4 AND 5, BLOCK N ON SAID PLAN, THENCE NORTH ALONG SAID DIVIDING LINE 129.9 FEET TO A POINT ON THE SOUTHERN SIDE OF LINCOLN STREET, THENCE EAST ALONG THE SOUTHERN SIDE OF LINCOLN STREET; THENCE EAST ALONG THE SOUTHERN SIDE OF LINCOLN STREET 60 FEET TO A POINT, THE PLACE OF BEGINNING. HAVING THEREON ERECTED A ONE STORY BRICK DWELLING KNOWN AS 3013 LINCOLN STREET, CAMP HILL, PENNSYLVANIA. Parcel ID # 01-21-0273-053 Being Known As: 3013 Lincoln Street, Camp Hill, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-1505 CIVIL l~JIX TElqH COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Centex Hame Ec~uit¥ Corporation PLAINTIFF(S) from__ Frederick L. Seiler, Claudette B. Seller and David L. Johnson, Jr., 3013 Lincoln St., Camp Hill, PA 17011 ' DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal Descr±ption (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 properly of the defendant(s) or othem/ise disposing thereof; (3) If properly of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone olher than a named garnishee, you are directed to nolify him/he r that he/she ha s been added as a ga rnishee a nd is enjo Ined as above stated. Amount Due $100,976.62 L.L. $. 50 Interest frcm 10/23/01 Due Prothy $1.00 Atty's Corem % Other Costs Atty Paid $? ~.4.5(] Plaintiff Paid Date: ~ctr~ ~0, 200] Curtis R. Long Prothonotary, Civil Division Deputy REQUESTING PARTY: Name__ Terrence J, M_cCabe, Esq. Address: 123 S. Broad St., Suite 2080 ~hiladelphia, PA 19109 Attorney for: ~la~ ntiff __ Telephone: 215-790-103.0 Supreme Court ID No. _ 16496 On November 01,2001, the sheriff levied upon the defendant's interest in the real property situated in Borough of Camp Hill, Cumberland County, PA, known and numbered as 3013 Lincoln Street, Camp Hill, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 01, 2001 By: ~'~. Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller 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 16th, 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 29th day(s) of January and the 5th and 12th day(s) of February 2002. 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 duly recorded in the office for the Recording of Deeds in and for said County of Daup~"M", Volume 14, Page 317. ~- PUBLICATION COPY o,, ..... ~ .,,d ou~o~,,;L,~~-d~ay °~'~bruary~-- ~"--- 2002 A.D. ' NOTARY PUBLIC '~ll~a.~m.._,_{t~[~ll, II~ Member, PennsyWania Association 0t Nctenea My commission expires June 6, 2002 CUMMBERLAND COUNTY COURTHOUSE A~/:.~ tleCalle CARLISLE, PA. 17013 '..~ .~_of~p ~, ~,~ of Statement of Advertising Costs ~ I~_ N~. 4~ I~ ~ ~ L~ of To THE PATRiOT-NEWS CO., Dr. ~..~_ ~ ~ ~t~ I~ ~ For publishing the notice or publication attached ~'Y, ~. 1~ ~ 3, ~ I~, aa~ hereto on the above stated dates $ 249.60 ~~-~~ Probating same Notary Fee(s) $ 1.50 ~. ~. ~ .~,t~.~, Total $ 251.10 ~ i~ ~ of .,~r~-~:-" ~ * ' r Publisher's Receipt for Advertising Cost The Patriot News (~o., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, o£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: JANUARY 25, FEBRUARY i, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general cimulation, 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. Writ No. 2001-1505 CI~ Centex Home ~ui~ Co~ra~on Frederick L. ~fler SWO~ TO A~ S~SC~BED before me this C~udette B. ~fler ~d 8 day of FEBRU~Y, 2002 ~d L. dohnson, dr. AtW.: Terrence McCa~ ~L ~T CERT~N lot or tract ' of l~d situate In the Borough of $ot~ C~p Hill, Coun~ of Cumberi~d P~ of ~ts of ~verly P~k, Crop .,. ~ [ffi ~ , Hffi, which pl~ is reco~ in the Recorder's Office in ~d for Cum- ~r~d Count, ~ PI~ ~k 3, p~e descffi~d ~ foHows, to ~t: BEGINNING at a point on the