The URL can be used to link to this page

Home My WebLink About01-4917FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWDE HOME LOANS, INC., F/K/A COUNTRYWDE FUNDING CORPORATION 7105 CORPORATE DRIVE PLANO, TX 72024 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY DAVID A. SPEICHER 1513 NEWVILLE ROAD CARLISLE, PA 17013 Defendant(s) CIV/L ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:5708545 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is COUNTRYWDE HOME LOANS, 1NC., F/K/A COUNTRYWDE FUNDING CORPORATION 7105 CORPORATE DRIVE PLANO, TX 72024 The name(s) and last known address(es) of the Defendant(s) are: DAVID A. SPEICHER 1513 NEWVILLE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/16/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PROVIDENT MORTGAGE CORPORATION, T/A CONSOLIDATED MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1291, Page 1086. Said mortgage was modified as set forth in the modification agreement Recorded 12/27/95, in Mortgage Book No.511, Page. 142. By Assignment of Mortgage Recorded 11/17/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 508, Page 542. Said (Assignment of) Mortgage was re-recorded on 5/28/96 in (Assignment of) Mortgage Book No. 520, Page 1134. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 11/1/00 through 7/1/01 (Per Diem $18.25) Attorney's Fees Cumulative Late Charges 11/16/95 to 7/1/01 Cost of Suit and Title Search Subtotal $76,173.13 4,434.75 3,808.00 290.80 750.OO $85,456.68 Escrow Credit 0.00 Deficit 1,051.90 Subtotal $1,051.90 TOTAL $86,508.58 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $86,508.58, together with interest from 7/1/01 at the rate of $18.25 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff iCountrywide HOME LOANS Send Correspondence to: P 0 Box 260599 Piano, TX 75026-0599 June 1, 2001 David A Speicher t513 Newville Road Carlisle, PA 17013-0000 Send Payments to: PO Box 660694 Dallas, TX 75266-0694 Cedified Mail NO. Return Receipt Requested Regular Mail Account NO.: 5708545 Property Address: 1513 Newville Road Carlisle, PA 17013-0000 Current Servicer: Countrywide Home Loans, Inc. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortqaqe on your home is In default, and the lender Intends to foreclose. Specific information about the nature of the default is orovided in the attached paqe5 The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to held to save Your home. This Notice explains how the proqram work~ TO see if HEMAP can helD. 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 Counseltnq Aqencv The names, addresses and phone numbers of Consumer Credit Counsellnq A~lencies servlna your County art listed at the end of this Notice. If VOU have any auestlons~ you mav call the PennsYlvania Housinq Finance Aqencv toll-f~e at 1~800-342-2397. fPersons with impaired hearlna can call 1-717-780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help answer them. YOU may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VlVlENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCII~N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NOMERO MENClONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRI~STAMO 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 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. David A 6peicher 5708545-8 1513 New¥ille Road tCountrywide PO. Box 660694 Dallas, TX 75266-0694 II.,,h hh.,hhlh,.Ih.lh..Ih,hh,.h.lhh.h,h,hll 570854580004593520459352 BREACHPA 6/26/2000 $4,59352 AS OF July 6, 2001 EXHIBIT "A" TEMPORARY STAY OF FORECLOSURE - Under the Act. you are entitled to a temporary stay of foreclosure on your mortgage lor ~hiPiy-five (35} days from the date of this Notice. During that time you must arrange and attend a "face face" meeting with one ct the consumer credit counseling agencies listed at the end of Ibis Notice THIS MEETING MUST OCCUR WITHIN THE NEXT (35) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGACI- ASS_t_ST_ANCE, Y~U MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS N _O. TICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATI- CONSUMER CREDIT COUNSELING AGENCIFS - 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 thidy-five (35) days after the date of this meeting ?_he names, addresses and telephone numbers of ~Ies_iqnated consumer credit counseling _agencies count,/in which the DroDertv is located are set forth at the end of th~s Notic~e 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 info~ma6on 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 tor financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and tile a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end ct this Notice. Only consumer c, edit counseling agencies have applications for the program and they will assist you in submitting a complete application lo the Pennsylvania Housing Finance Agency. Your application MUST be tiled or postmarked within thirty*live (35) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY, IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL RE DENIED. AGENCY ACTION - Available lunds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria establisheci 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 it you have met the time requirements set forth above You will be notified directly by {l~e Pennsylvania Rousing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE PILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT -Countrvwide Home Loans. Inc.. (hereinafter "Countrywide") services your home loan Your home loan rs in serious default because you have not made your required payments The total amount now required to reinstate your home loan as of the date of this letter is as follows: Monthls'Paymenl.s: $72702 $3,635 10 $676 78 $67678 L_ate Charge_~: $29.08 $145 40 $27 07 $27.07 ~3ther Ch~a~: Uncollected Late Charges: $8724 Uncollected Cosls: $21 93 TOTAL DUE: $4,593.52 PAYMENT INSTRUCTIONS Please EXHIBIT HO_~W TO CURE THE DEFAULT - You may cure this default within THIRTY-FIVE (35) DAYS of the date of this letter, by paying to us the above amount of $4,593.52, plus any additional monthly payments, ~ate charges, fees and other applicable charges which may fall due during this period. Such payment must be in the form of ceditied check, cashier's check or money order, and made payable to Countrywide at P.O Box 660694, Dallas, TX 75266-o694 it your check or other payment is returned to us for ibsufficient funds or for any other reason, you wilt not have cured your default NO extension of time to cure will be granted due to a returned payment. If you do nof cure this default within THIRTY-FIVE (35) DAYS, we will accelerate the payments due on your home loan This means whatever ~s owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off your home loan in monthly installments If the full payment of the amount in default is not made within THIRTY-FIVE (35) DAYS, we also intend to immediately stud a lawsuit to foreclose on your modgaged properly IF THE MORTGAGE IS FORECLOSED UPON - It the modgage is foreclosed, the modgaged property will be sold by the Sheriff lo pay off the mortgage debt If the default is cured before we begin legal prcceed/ngs, Countrywide will be entitled to collect the reasonable attorney's fees actually incurred, up to $5000. However, if legal proceedings are started, Countrywide will be entitled to collect the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to the secured debt, which may also include our reasonable costs. If you cure the default within the THIRTY FIVE (35) DAY period, you will not be required to pay attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON- EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the modgage RIGHT TO CURE THE DEFAULT PRIOR TO FORECLOSURE SAI F - If you have not cured the default within the THIRTY-FIVE (35) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the foreclosure 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 foreclosure sale as specified in writing by the lender and by pedorming any other requirements under the morlgage 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 FORECLOSURE SALE DATF - It is estimated that the earliest date that a foreclosure sale could be held would be approximately six (6) months from the date of this letter. A notice of the date of the foreclosure sale will be sent to you before the sale. YOU may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-669-4575 This payment must be in the form of a cashier's check, ceriibed check or money order and made payable to us at the address stated above it the default is cured, the modgage will be restored fo the same position as if no default had occurred. However, the delault may not be cured more than three (3) times in any calendar year ROW TO CONTACT THE LENDER: Name of Lender: Countrywide Home Loans, Inc. Address: P. O. Box 10221 Van Nuys, CA 91410-0221 Phone Number: 1-800-669-4575 Fax Number: 1-805-577-3432 Contact Person: Ashley Canady, MS SV-34 Attention: Loan Counselor EFFECT OF FORECLOSURE SALE - You should realize that a foreclosure sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the properly after the Sheritf's sale. a lawsuit to remove you and your furnishings and other belongings could be staded by Countrywide at any time ASSUMPTION OF MORTGAGE Contact Countrywide Home Loans for information on the possible assumability of your loan 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 THfS 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 Pursuanl to your home lOan documents, and because the home loan is in default, Countrywide may, at its option, enter upon and conduct an inspection of the property. The purpose of this inspection is to observe the physical condition of the properly, to verity that the property is occupied and/or to determine the identity of the occupant The cost of any such inspection will be added to and become part of the secured debt as provided under the terms of the home loan EXHIBIT If you are unable to cure your default on or before July 6, 2001, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: Repayment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide Our basic plan requires that Countrywide receive, up front, at least V2 ot the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined peric~ ot time Other repaymem plans also are available. Loan Modification: Alternatively, it is possible that the regular monthly payments can be lowered through a mcdification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance This foreclosure alternative, however, is limited to certain loan types. .S_¢~!e~of Your Pr~e_d3,: Alternatively, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through Countrywide even if your home is worth less than what is owed on it. Deed-in-Lieu: Alternatively, if your property is free from other liens or encumbrances, and if the default is due to a ser*ous financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale If you are interested in discussing foreclosure alternatives with Countrywide, you must contact us immediately If you request assistance, Countrywide will determine, in its sole discretion, whether such assistance will be extended to you In the meantime, Countrywide will pursue all of its rights and remedies under the home loan documents and as permitted by law, unless it agrees otherwise in writing. Please be advised that failure to bring the home loan current or to enter into a written agreement as outlined above will result in the acceleration of the debt. Time is ot the essence Should you have any questions concerning this notice, please contact Countrywide's office immediately at f-800-669-4575, extension 7149 Ashley Canady Loan Counselor 1-800-669-4575, extension 7149 Please be advised that this communication is from a debt collector EXHIBIT "A" PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. $/00) Lycoming-Clinton Counties Commision for Community Action (STEP) 213g Lincoln S~eet PO. Box 1328 Williamspor~ PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern PA 201 Basin Street Williatnsport, PA 17703 (570) 3234627 FAX (570) 3234626 31 W Market Sa'eet POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 CLINTON COUNTY COLUMBIA COUNTY Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665--(Call Before Faxthg) (570)455-4994 Hazeltown FAX (570) 455-563 I-.-(Call Before Faxing) (570) 836-.4090 Tunkhatmock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FA,'( (814) 5749 John F. Kennedy Center, Inc. 2021 East 20u' Street Erie, PA 16510 (814) 898.0400 FAX (814) 898-I243 CCC$ of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 CRAWFORD COUNTY CUMBERLAND COL~TY Urban League ofMetropolitanHarrisburg N. 6~ S~eet Harrisburg,PAI7101 (717) 2344925 FAX(717)234-9459 Community Action Commofthe Capital Region 15[4DerryStreet Harrisburg, PA 17104 (717)232-9757 FAX(717)234-2227 CCCS of Noaheastem PA 1631 Sou~h Athexxon St, Suite I00 State College, PA 16801 (814) 2384668 FAX (814) 233-3669 1400 Abing~on Executive Park Suite 1 Clatks Summit. PA 1841 ! (570) 587-9163 or (800) 922-9537 FA,X (570) 587-9134-9135 Grea~er Erie Community Action Committee 18 West 9m Street Erie, PA 16501 (814) 4594581 FAX (814) 456-016I Shenango Valley Urban Lea~e, lac. 601 ladiana Avenue F~rell, PA I612l (412) 981-5310 Financial Counseling Services of Fran~in 31 West 3~ Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 ~ (717) 243.3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 F,~LX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, J~'NE 5, 1999 EXHIBIT ALL, that certain tract of'land with the improvements thereon situate in West Pennsboro Township, CumberIand Count, Pennsylv~qia, bounded and described according to a survey made by T,A. Nefi'~ R.S., dated June 22, 1965, ns recorded with prior deeds o£rccord, as follows: BEGINNING at a point ill tile centerline of Pennsylvania Route No. 641, at tile southwestern corner of' land now or formerly of Harold Vamer, which point is 300.00 feet west el> tile contadina of Townshlp Road No. T-706 measured along tile centerline of Petmaylvania Route No 64 ~; thence ~ong tl~e centefiine of ~id Pennsylvania Route No, 641, South 77 degrees 30 minutes West, a distance el' I00.00 feet to a point at the southe~tem corner of land now or Fommrly ol'George Snmllwood; thence along the latter, North 12 degrees 30 minutes West, a distance or 160,00 feet to an iron pipe in the llne o~land now or formerly ct'Charles M. W{lliams, Sr.; thence along the latter, North 77 degrees 30 minutes East, a distance of I00.00 ~ee~ to a quatler inch drill hole in rock al the northwestern comer of land now or ~ormerly of Harold Varneg thence along the latter, South 12 degrees 30 mlnut~ East. a distance of 160.00 feet to a point in the centerline of Pennsylvania Route No, 641, the Place of BEGINNING. BEING the:'~ame prol)erty which CRAIG A. THOMAS and PHYLLIS E. THOMAS, his wlt~e, granted and conveyed to THOMAS E. ECKERD and CASSIE L. ECIr~RD, his wife, by deed dated October 28, 1988, and recorded in thc office of the Cumberland County Recorder of Deeds in Deed Book "Q", Volume 33, Page 392. Tile said Thomas E. Eckerd and Cassio L. Eckerd divorced on June 3, 1991, whereupon, subsequendy Thontas E. Eckerd married Sharon A. Eckerd and Cassle L. Eckerd married S~anley E. Richwlne. Sharon A. Eckerd and Stanley E. R/chwine join herein to convey any marital interest they may have in the premises conveyed. AND the said grantors hereby covenant and agree that they will warrant specially tile property hereby conveyed. PREI, IISES ON : 1513 NEWVlLLE RO&I) VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. ~ DATE: FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION 7105 CORPORATE DRIVE PLANO, TX 72024 Plaintiff, DAVID A. SPEICHER Defendant(s)· CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 01-4917 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DAVID A. SPEICHER and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 7/1/01 to 10/25/01 TOTAL 86,508.58 2,135.25 88,643.83 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRAlxJ/K F-EDI2RMXN, ~ISQUIRE Attorfiey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION 7105 CORPORATE DRIVE Plaintiff, DAVID A. SPEICHER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 01-4917 Notice is given that a Judgment in the above-captioned matter has been entered against you on 2001. If you have any questions concerning this matter, / By: DEPUTY Olx~ PENN CENTER 1619 JOHN F. KENN~ SUBURBAN STATION DY BLVD., SUITE 1400 PHILADELPHIA, PA 19103 - 1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 1N BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 pHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION 7105 CORPORATE DRIVE Plaintiff, DAVID A. SPEICHER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4917 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DAVID A. SPEICHER is over 18 years of age and resides at, 1513 NEWV1LLE ROAD, CARLISLE,PA 17013. (c) that defendant is over 18 years of age, and resides at,,. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FEDEI .AN/____ ES QUIRE Attorney for PlaintiII 10/29/01 MON 12:17 FAX 2155633826 FEDERMANAND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 FEDER~L~N AND PHELAN ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBEPJ~AND COUNTY vs. : NO. 01-4917 CIVIL DAVID A. SPEICHER Defendant (s) TO .' DAVID A. SPEICHER 1513 NEWVILLE ROAD CARLISLE ,PA 17013 DATE OF NOTICE= ER THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. ORT N You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CTIMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 [~002 rank Federman, Esquire Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.1LC.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff, DAVID A. SPEICHI~R Defendant(s). : No. 01-4917 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/25/01 to 03/06/01 (per diem -14.57) TOTAL 88,643.83 1,923.24 and Costs 90,567.07 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. linc of ~ylv~i= ~tc ~- 641; ~h~e fr~ ~id ~int a% BE11~ ~11 O~ ~0~ ~o. 4 a~ ~ ~ plan O£ ~t= o~ ~a=le~ M. Willi~, Sr., ~lvania, %n ~lan ~k 4, p~e k2. ~AINZ~ LO0 f~ in ~r~C a!~ COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff, DAVID A. SPEICHER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4917 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS~ INC. F/K/A COUNTRYWIDE FUNDING CORPORATION, Plaintiffin the above action, by its attorney, FRANK FEDEILMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 1513 NEWVILLE ROAD~ CARLISLE~PA 17013. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAVID A. SPEICHER 1513 NEWVILLE ROAD CARLISLE,PA 17013 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address carmot be reasonably ascertained, please so indicate.) American General 3120 Parkview Lane, Suite 101 Finance Harrisburg, PA 17103 Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 1513 NEWVILLE ROAD CARLISLE,PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE FRA~ FEDERMAN~rESQU~E Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 122~ ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff, DAVID A. SPEICHER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4917 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC., F/K/A COUi~TRYWlDE FUNDING CORPORATION Ylaintiff, DAVID A~SPEICHER Defendant(s). CUMBERLAND COUNTY No. 01-4917 October 25, 2001 TO: DAVID A. SPEICHER 1513 NEWVILLE ROAD CARLISLE,PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMFF TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at ~ 1513 NEWVILLE ROAD, CARLISLE~PA 17013~ is scheduled to be sold at the Sheriffs Sale on MARCH 6~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $90~567.07obtained by COUNTRYWIDE HOME LOANS~ INC. F/K/A COUNTRYWIDE FUNDING CORPORATION (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: h The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance yOU will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ?,RI,E TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SFIERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To '~...... find out if this has happened, you may call (717) 240-6390 .... 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. ~" YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE ' "" A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED '~' BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP· CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ~o~lv o~ ~ ~'='~ ' - ....... ~va~ia ~ce 641. A~'t~'IDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC., FfK/A ~COUNTRY~VIDE FUNDING CORPORATION DEFENDANT (S) DAVID A. SPEICHER SERVE DAVID A. SPEICHER AT 1513 NEWVILLE ROAD CARLISLE,PA 17013 CUMBERLAND COUNTY No. 01-4917 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 Served and made known to ~ gq ~ of Pe~ylva~a, ~ ~e ~er described below: Defen~t perso~lly se~ed. Adult f~ly'me~er ~ whom DefenSes) reside(s). Relafiomhp is ~ d~t m c~ge of Defen~t(s) s residence who re.ed to g~ve m~ or re~Uom~p. ~M~ger/Clerk of place of lod~g ~ w~ch DefenSes) reside(s), Agent or person m c~ge of Defen~s)'s office or mual place of b~mess, ~ offie~ ofs~d Defen~s)'s co.any, O~er: SERVED c_ ~.'--~, Oef;ndant, on ~e /~ ~ ~y of , 200 , Commonwealth , Description: Age ,.~¥~' Height ~'// Weight /~ Race 0J[~Sex ~ Other I, Q-/z,e..~-~ c.*. ~..~ Q~ , a eo~etent ad.t, berg duly sworn aecord~g to law, a~ose ~d state ~t I perso~lly handed a ~e ~d conect copy of~e ~ ~ ~e ~er as set fo~ here~ issued m ~e captioned c~e on ~e ~te ~d at · e ad.ess ~cated above~NOTARIAL S~L' Sworn to ~d subs~bed / .~_~ 8O~Y~:~, ~ota~ ~ I NOT SER~D On the day of ,200._, at __ Moved __ Unknown__ No Answer o'clock __.m., Defendant NOT FOUND because: __ Vacant Other: Sworn to and subscribed before me this __ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. f/k/a Countrywide Funding Corporation VS David A. Speicher In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4917 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions f~om Attorney Frank Federman. Sheriffs Costs: Docketing 30.00 Surcharge 20.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.50 Share of Bills 24.20 Mileage 6.50 Levy 15.00 Advertising 15.00 Certified Mail Poundage 2.54 Postpone Sale Law Journal Patriot News $129.74 paid by attorney Sworn and subscribed to before me So Answers: This ~ ~.o.,eday of~ R. Thomas Kline, Prothonotary R~al Esta/te Deputy COL~'TR~E ~I~OME LOANS, INC., F/K/A COUNTRYW~E FUNDING CORPORATION Plaintiff, V. DAVID A. SPEIC~R Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PI,EAS CIVIL DIVISION NO. 01-4917 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS~ INC. F/K/A COUNTRYWIDE FUNDING CORPORATION, Pla'mtiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ 0f Execution was filed the following info.nation conceming the real property located at, 1513 NEW'v'ILLE ROAD~ CARLISLE~PA 17013. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address earmot be reasonably ascertained, please so indicate.) DAVID A. SPEICItER 1513 NEWVILLE ROAD CARLISLE,PA 17013 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME American General Finance LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 3120 Parkview Lane, Suite 101 Harrisburg, PA 17103 Name and address of the last recorded holder of every mortgage of record: NAME · LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant Domestic Relations of Cumberland County 1513 NEWVILLE ROAD CARLISLE,PA 17013 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or infog-iation and belief. I understand that false statements herein are made subject to the penalties ofl8 Pm C.S. Sec. 4904 relating to unsworn falsification to authorities. October 25, 2001 DATE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE lq~NDING CORPORATION Plaintiff, DAVID A. SPEICHER Defend~lt(s). TO: DAVID A. SPEICHER 1513 NEWVILLE ROAD CARLISLE,PA 17013 CUMBERLAND COUNTY No. 01-4917 October 25, 2001 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANICRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at, 1513 NEWVILLE ROAD~ CARLISLE~PA 170137 is scheduled to be sold at the Sheriff's Sale on MARCH 6~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, - South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $90~567.07obtained by ~ COUNTRYWIDE HOME LOANS~ INC. F/K/A COUNTRYXVIDE FUNDING CORPORATION .... (the mortgagee) against you. ffthe Sheriff's sale is postponed, the property will be relisted for the i. '~'~ JUNE 5, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause...~,~. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY ST!!,I, BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S S3,LE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215~).~.-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go th_rough only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale .... YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ~rl~ M- ~lli~, Sc., ~C~ 77 ~r~O 30 ~nu~ ~m~. a disto~ o~ ~lvania, ~n ~lan ~k 4, ~e 12. ~Z~ 100 f~c in g=~c ~ ~e ~&~ o~ 160 g~- ~ ~s E. ~ke=8 ~ ~ie L. ~kerd, his w~e, in fee. WRIT OF EXECOTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. COUNTY OF CUMBERLAND) TO THE SHERIFF OF ~berland COUNTY: Irom C) 1-4917 CIVIL 1~( TEi~n CIVIL ACTION - LAW To satisfy the debt, interest and costs due £c)~]nt .rywide Hcme Loans, Thc., F/K/A Countw'ide Fundinq Corporation PLAINTIFF(S) David A. Speicher, 1513 Newville Road, Carlisle, PA 17013 DEFENDANT(S) (1) You are direcled lo levy upon the properly ol the defendant(s) and to sell -qe_~, r.~g~l ~.~.r~ption (2) You are also directed to attach the properly ot the delendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is/are enjoined from paying any debl to or for the account of the defendant(s) and Imm delivering any properly of the defendant(s) or othemvise disposing Ihereof; (3) If prope~lyof the defendant(s) not levied upon an subject to attachment is found in the poSsession of anyoneother than a named gamishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above staled. Amount Due $88,643.83 from 10/25/01 to 3/6/02 (per diem Interest - $!~-.57) $1,923_24 ~__~'~_ ~'o_~t_~ Atty's Corem % A~y Paid S103.25 Plaintiff Paid L.L. $. 50 Due Prothy $1 _DC) Other Costs Date: October 30~_2001 REQUESTING PARTY: Name Frank Fedennan, Esq. Address: One Penn Center at Suburban Station - 1617 dohn F. Kennedy F~Ju±~vdid, Suite 1400 ~Rhiladalphia ~ PA 19103-1814 Attorneylor: Plaintiff Telephone: ;) ] 5-56'{-7~3f)0_ Supreme Court ID No. 1724R Curtis R. Long Prothonolary, Civil Division (-- Deputy TRU5 COPY FROM RECORD in Testimony whereot I h~ra unto set my h~nd a~ the seal o! said Cou~t at Carlisle, Pa. This . ~_(:3"/< day ol_dD.c_.z~__, Pro~on.tary REAL ESTATE SALE No. ~ On November 01, 2001, the sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, known and numbered as 1513 Newville Road, Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 01,2001 Real Estate ~)eputy