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HomeMy WebLinkAbout01-4954FEDERMAN 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 BANK OF NEW YORK, AS TRUSTEE 7105 CORPORATE DRIVE PTX-B35, PLANO, TX 75024 Plaintiff LUTHER W. CHAMBERS CATHERINE P. CHAMBERS 225 SOUTH EARL STREET, SH1PPENSBURG, PA 17257 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1F 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 #: 7229118 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: BANK OF NEW YORK, AS TRUSTEE 7105 CORPORATE DRIVE PTX-B35, PLANO, TX 75024 The name(s) and last known address(es) of the Defendant(s) are: LUTHER W. CHAMBERS CATHERINE P. CHAMBERS 225 SOUTH EARL STREET, SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/31/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1535, Page 564. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 3/1/01 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 2/1/01 through 7/1/01 (Per Diem $22.45) Attorney's Fees Cumulative Late Charges 3/31/99 to 7/1/01 Cost of Suit and Title Search Subtotal $68,788.27 3,389.95 3,439.00 769.52 550.00 $76,936.74 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $76,936.74 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $76,936.74, together with interest from 7/1/01 at the rate of $22.45 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Countrywide HOME LOANS Send Correspondence to: P 0 BO~: 8239 Van Nuy$ CA 91,~09 8239 June 7, 2001 225 South Earl Street Shippensburg, PA 17257 0000 Cerlified Mail NO Return Receipt Requested Regular Mail Account NO.: 7229118 Property Address: 225 South Earl Street Shippensburg, PA 17257-0000 Current Servicer: Countrywide Home Loans, inc ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortuaoe 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 paqes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able tq help to save your home. This Notice exolains how the proclram works. TO see if HEMAP can helD. YOU must MEET WrFH A CONSUMER CREDrr COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselinq Aqency. The names, addresses and phone numbers of Consumer Credit Counsellnq Aqenctes servinq your Cgunty ar~ listed at the end of this Notice. If you have any Questions. you may call the Pennsylvania Housinq Finance A(lencv toll-free~t 1-800-342-2397. (Persons with Imoalred hearinq 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 IMPORTANClA, PUES AFECTA SU DERECHO A CONTINUAR VlVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCI(~N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NOMERO MENCIONADO 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 ASSISTAN(;:E 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. 7229118-0 225 South Earl Street ~Counbl~vide- HOMELOANS P.O. BOX 660694 Dallas, TX 75266-0694 II,,,I.l,l.,I,l.ll,,.ll.,ll,,,,ll,,I,h ..I,,ll,l,.,I,.I,,hll 722911800003722910372291 BCBRPA 6/26/2000 $3,722.91 AS OF July 7, 2001 EXHIBIT,4k Countryvvide HOME LOANS June 7, 2001 Luther W Chambers 225 South Earl Street Shippensburg, PA 17257-0000 Send Payments to: P 0 BOX 660694 Dallas, TX 75266 0694 Cedified Mail NO Return Receipt Requested Regular Mail Account No.: 7229118 Property Address: 225 South Earl Street Shippensburg, PA 17257-0000 Current Servicer: Countp/wide Home Loans, Inc ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortQafle on your home is in default~ and the lender imends to foreclose. Soecific information about the nature of the default is orovided in the attached paqes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice exolalns how the proqram works. TO see if HEMAP can helo, 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 Counselinq Aqency. The names, addresses and ohone numbers of Consumer Credit CounselinQ Aoencles servino your Countv are listed at the end of this Notice. If you have any ouestiqns~ you may call the Pennsylvania Housinq Finance Aoencv toll-tree at 1-800-342-2397. {Persons with Imoalred hearino 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 NOTIFICACt0N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENClA (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. Luther W Chambers ~Counbywide* HOME LOANS PO. Box 660694 Dallas, TX 75266-0694 II,,,l,l.l,,,l,IJh.ll,.ll..,ll,,I,h,,I.II,l.,l,,l,,IJI 722911800003722910372291 $3,72291 AS OF July 7, 2001 I"XHIBITA TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled ID a temporary stay of foreclosure on your modgage for thidy (30) days from the date of this Notice. During that time you must arrange and attend a 'lace-to-face" meeling 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 MUS~T BRING YOUR MORTGAGE UP TO DATE_~THE PA_R__T 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 thidy (30) days afler the date of this meeting The names, addresses and telephod6 numbers ct desiqnated consumer credit counseling ag~ng~e_s ~or the county in which the properly is located are set forth at the end of this Notice. It is only necessary to schedule one ta¢e to-face meeting Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your modgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) It 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 ct the designated consumer credit counseling agencies I)sted at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsytvania Housing Finance Agency. Your application MUST be ti~ed or postmarked within thidy (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 Acl. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision a[ler 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.) NATURE OF THE DEFAULT - Countrywide Home Loans, Inc.. (hereinafler "Countrywide') services your home loan Your home loan is in seriqus 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: Monthly Pa~__em_s: $699.52 $2,798.09 La!e C~h~a rQe~: $34 98 $104 94 _O!h_er_ Charqes: Uncollected Late Charges: $629 64 Uncollected Costs: $190 25 TOTAL DUE: $3,722,9i PAYMENT INSTRUCTIONS Please FXHIBITA HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount ot $3,722.91, plus any addilional monlhly payments, late charges, tees and other applicable charges which may fall due during this period. Such payment must be in the form of certified check, cashier's check or money order, and made payable to Countrywide at P O Box 660694, Dallas, TX 75266-0694 If your check or other payment is returned to us for insufficient funds or for any other reason, you will r~ot have cured your default NO extension of time to cure will be granted due to a returned p~yment IF THE MORTGAGE IS FORECLOSED UPON - If the mortgage is foreclosed, the mortgaged property will be sol~ by the Sheriff to pay off the mortgage debt It the default is cured before we begin legal proceedings, Countrywide will be entillod to collect the reasonable attorney's fees actually incurred, up to $50.00 However. if legal proceedings are staried, Countrywide will be entitled to collect the reasonable attorney's tees even if they are over $5000 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 (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage RIGHT TO CURE THE DEFAULT PRIOR TO FORECLOSURE SALE - If you have not cured the default within the THIRTY (30) DAY perio~ 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 the~ 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 performing any other requirements under the mortgage Curfng 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 DATE - 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 loreclosure 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: 1-877 744-7691 This payment must be in the form of a cashier's check, certified check or money older and made payable to us at the address stated above If the defauit is cured, the mortgage will be restored to the same position as if no default had occurred However, the default may not be cured more than three (3) times in any calendar year HOW TO CONTACT THE LENDER: Name of Lender: Countrywide Home Loans, Inc. Address: P.O. Box 10221 Van Nuys, CA 91410-0221 Phone Number: 1-877-744-7691 Fax Number: 1-805-577-3432 Contact Person: Daniel Akins, MS SV-34 Attention: Loan Counselor EFFECT OF FORECLOSURE SALE - You should realize that a foreclosure sate will end your ownership of the modgaged property and your right to remain in it If you continue to live in the properly after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by (~Olllltrywide 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 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 Pursuant to your home loan documents, and because the home loan is in default, Countrywide may, at its option, artier upon and conduct an inspection of the property The purpose of this inspection is to observe the physical condition of the property, to verify that the property is occupied and/or to determine the ideBtity 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 documents r XHIBITA, II you are unable to cure your default on or before July 7, 2001, Countrywide wants you lo 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 '/2 of the amount necessary 1o bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available Loan Modification: Alternatively, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing lbe interest rate and then adding the ~lelinquent payments to the current loan balance. This foreclosure alternative, however, is limited to cedain loan types. Sa~e_o~.Ygur Property: Alternatively, it you are willing to sell your home in order to avoid foreclosure, it is possible that the sale ot your home can be approved through Countrywide even if your i~ome 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 serious financial hardship which is beyond your control, you may be eligible to deed your propetty directly to the Notebolder and avoid the foreclosure sale. It 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 tbe meantime, Countrywide will pursue afl of its rights and remedies under the home home loan documents and as permitted by law, unless it agrees otherwise in writing. Please be advised that failure to bring the home home loan current or to enter into e written agreement as outlined above will result in the acceleration of the debt. Time is of the essence. Should you bare any questions concerning this notice, please contact Countrywide's ollice immediately at 1-877-744-7691, extension 4731. Daniel Akins Loan Counselor 1-877-744-7691, extension 4731 Please be advised that this communication is from a debt collector. FXHIBrrA PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY COLUMBIA COL~TY CRAWFORD COUNTY Lycoming-Clinton Counties Commision for Communiv/Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamgport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeoztem PA 201 Basin Street Williamspon. PA [7703 (570) 323-6627 FAX (570) 323-6626 31 W Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Lt~eme Coun~ 163 Amber Lane WiIke$-Bame. PA 18702 (570) 826.05 lO or (800) 822.0359 FAX (570) 329-1665---(Call Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-563 I--(Call Before Faxiag) (570) 836.4.090 Tunkhannoek Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, lnc. 2021 East 20a' Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6a' Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capital Region i 514 Derry S txeet Hm'ngburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 .CUMBERLAND COL~TY CCCS of Northeastern PA 1631 Sou~ Atherton St., Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) *-38-3669 1400 Abington Executive Park Suite 1 Clarks Summit. PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Communiw Action Committee 18 West 9a Street Erie, PA 16501 (gl4) 4594581 FAX (814) 456-0161 Shenango Valley Urban League, 601 Indiana Avenue Famell, PA 16121 (412) 981-5310 Financial Counseling Se~,,ices of Franklin 31 West 3~ Street Waynesboro, PA I7268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 ~ (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authori~ 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 F,~X 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 ALL of thal certain lot of ground with a bdck dwelling house and frame stable thereon erected, situated in Shi Township, Cumberland County, Pennsylvania, anc~ known as }ounded and descflbed as follows; BEGINNING at a stake on the Southern edge of the Right of Way of the Philadelphia & Re~ding Railroad CThe Reading Company) where it intersects the Right of .W. ay of l~e .P. ennsylvania Railroad.(C.V. Division); th?ce Southwardly with the hne of th~. RIght of Wa,/of the smd Pennsylvania Radroa.d along South Earl Street, extended to a stake; thence Eastwardly across the sa~d strcct on road and along th~ line now or formerly of said Atlantic Refining Company; thence Southwardy with the said At]antic Refining Company ~.00 feet to an iron post previously lo(areal near the oil tank of the said Company; thence Northwardly 46.2~ degrees East 186.5 feet to an iron pin at land now or formedy of Wilbur E. and avid F. Detwiler; thence with the said land now or formerly of Detwiler, Northwaldly 23 degrees West, 257 feet to the Southern edge of the Right of Way of TI' e Reading Company near a clump of locust trees; thence Westwardly with Ute said railroad tn l'h~ nl~cp nf I=II=~11MNT~It~- BEGINNING at a stake on the Southern edge of the Right of Way of The Reading Companylat corner of Iands now or formerly of Wilbur E. and David F. Detwiler; thence S~uth 26 degrees 19 minutes East, 28.05 feet ~o a stake; thence with land .npw or formerly of Harry McEIhare and Emma McEIhare, his wife, North 88 decjrees I3 minutes West, 2~.5.5~. feet to a stake at land now or formerly of the Pennsylvania Railroad; thence North 12 degrees 30 minutes W I . est, 2.5.43 feet tp.a stake o.n th.e Right of Way of The Reading Company al'oresa~d; thence W~th the smd R~ght of Way to the place of BEGINNING. CONTAZNiNG 109/~:[000 acres sold and convey, ed out of the land first aforesaid by Harry McElhar~and Emma McEIhare, his w~fe, to The Reading Company. BE]:NG thatl'same real estate that Miriam .]. Reigle, widow and single woman, by her de~l dated 3uly 8, :[988 and in the Office of the Recorder of Deeds in and for I Volume 33, at Pa( husband and wife AND the sa conveyed. ranklin County, Pennsylvania, in Deed Book Volume "L", e 819, conveyed to Randy G. Bigler and Carol D. Bigler, Grantors herein. d Grantors will specially warrant the property hereby VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiffin this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action hi Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The reU~ :te~:gtn°e dunsU~:e~ ~!sc'iIi, ct haa~. °t n~::ta: ~i:i~:J:' .n~de subject to the~49 ~ ! ~ 04 SHERIFF'S RETURN - NOT SERVED CASk NO: 2001-04954 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS CHAMBERS LUTHER W ET AL R. Thomas Kline according to law, the within named DEFENDANT CHAMBERS LUTHER W , Deputy Sheriff, who being duly sworn says, that he made a diligent search and inquiry for , to wit: He therefore returns unable to locate Him in his bailiwick. COMPLAINT - MORT FORE but was the the within named DEFENDANT NOT SERVED , as to CHAMBERS LUTHER W DEPUTIZED FRANKLIN TO SERVE AT ABOVE ADDRESS. PER FPJLNKLIN CO SHERIFF-NO SUCH ADDRESS. Sheriff's Costs: Docketing 6.00 Out of County 9.00 Dep Franklin Co 75.00 Surcharge 10o00 .00 SHERIFF OF CUMBERLAIqD COUNTY 00[b0 FEDERMAN & PHELAN 09/04/200 Sworn and subscribed to before me this /3~ day of ~ ~/ A.D. P~'ofhonot ary ~ SHERIFF'S RETURN CA~E NO: 2001-04954 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS CHAMBERS LUTHER W ET AL R. Thomas Kline - NOT SERVED according to law, the within named DEFENDANT CHAMBERS CATHERINE P , Deputy Sheriff, who being duly sworn says, that he made a diligent search and inquiry for , to wit: He therefore returns unable to locate Her in his bailiwick. COMPLAINT - MORT FORE but was the the within named DEFENDANT NOT SERVED , as to CHAMBERS CATHERINE P DEPUTIZED FRANKLIN CO TO SERVE AT ABOVE ADDRESS. PER FRANKLIN CO SHERIFF-NO SUCH ADDRESS. Sheriff's Costs: Docketing 6 Service Affidavit Surcharge 10 16 O0 O0 O0 O0 O0 O0 R/ THOMAS ~- KLINE SHERIFF OF CUMBERLAND COUNTY FEDERMAN & PHELAN 09/04/2001 Sworn and subscribed to before me this /~ day of ~ ~! A.D. Pro~h6not ary SHERIFF'S RETURN CA~E NO: 2001-04954 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS CFUtMBERS LUTHER W ET AL - REGULAR JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHAMBERS LUTHER W the DEFENDANT , at 1025:00 HOURS, on the 27th day of August , 2001 at 220 S EARL ST SHIPPENSBURG, PA 17257 LUTHER W CHAMBERS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.00 Affidavit .00 Surcharge 10.00 .00 41.00 Sworn and Subscribed to before me this /~ day of / fr6thonotary ' ' So knswers: R. Thomas Kline 09/04/2001 FEDERMAN & PHELAN ,,Deputy ~Sheri f f SHERIFF'S RETURN - REGULAR CASE NO: 2001-04954 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERI2~ND BANK OF NEW YORK VS CHAMBERS LUTHER W ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHAMBERS CATHERINE P the DEFENDANT , at 1025:00 HOURS, at 220 S EARL ST SHIPPENSBURG, PA 17257 CATHERINE P CHAMBERS on the 27th day of August , 2001 by handing to 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: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ day of ~D~7~_. 3~o( A.D. 'P~othonotary So Answers: R. Thomas Kline 09/04/2001 FEDERMAN & PHELAN By: ~ ~/Deputy ~ FEDERMAN AND PHELAN, LLP .By: FRA_NK FEDERMAN Identification No. 12248 Attorney for Plaintifl ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK, AS TRUSTEE 7105 CORPORATE DRIVE PTX-B35 PLANO, TX 75024 Plaintift; LUTHER W. CHAMBERS CATHERINE p. CHAMBERS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4954 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LUTHER W. CHAMBERS an d - CATHERINE p. CHAMBERS, 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 6/10/03 TOTAL $ 76,936.74 $15,939.50 $92,876.24 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: b PRO PROTHY FEDERMAN A/VD PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK, AS TRUSTEE Plaintiff VS, LUTHER W. CHAMBERS CATHERINE p. CHAMBERS Defendant : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : N0.01-4954 CIVIL TO: DATE CATF. ERINE p. CHAI~BERS 220 SOI71"~ EARL STREET SHIPPENSBI/R~,pA 17257 OF NOTICE: SEPTEMBER 18,2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTART NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTy CUMBERLAND COUNTy BAR ASSOCIATION 2 LmERTY AVENUE CARLYLE, PA 17013 (717) 249-3166 Frank Federman,Esqui~ Attorney for Plaintiff · F-EDERMANAND PHELAN, L.L.p. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215} 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK, AS TRUSTEE Plaintiff COURT OF COMMON PLEAs CIVIL DIVISION VS. : CUMBERLAND COUNTY LUTHER W. CHAMBERS : NO. 01-4954 CIVIL CATHERINE p. CHAMBERS Defendant (s) TO: DATE LUTHER W. CHAMBERS 220 SOUTH EARL STREET SHIPPENSBURG, PA 17257 OF NOTICE: SEPTEMBER 18,200] THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICR You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTy CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLYLE, PA 17013 (717) 249-3166 ~rank Federman, Esquire Attorney for Plaintiff FEDER3/IAN and PHELAN, LLP 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 BANK OF NEW YORK, AS TRUSTEE 7105 CORPORATE DRIVE PTX-B35 Plaintiff, LUTHER W. CHAMBERS CATHERINEP. CHAMBERS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4954 CIVIL yERIFICATION OF NON-MILITARY SERVICe; - .FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the at>ove-captmnecl 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 LUTHER W. CHAMBERS is over 18 years of age and resides at, 220 SOUTH EARL STREET, SHIPPENSBURG, PA 17257. (c) that defendant CATHERINE p. CHAMBERS is over 18 years of age, and resides at ,220 SOUTH EARL STREET, SHIPPENSBURGH, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEI~ERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF NEW YORK, AS TRUSTEE Plaintiff, LUTHER W. CHAMBERS CATHERINE P. CHAMBERS Defendant(s). : No. 01-4954 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from6/11/03 to SEPTEMBER 3, 2003 (per diem -$12.99) TOTAL $92,876.24 $1,297.95 and Costs 94,174.19 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL of that certain lot of ground with a bdck dwelling house and frame stable thereon erected, situated in Shippensburg Township, Cumberland County, Pennsylvania, and known as 225:.~t~Eiid-:Str~t, bounded and described as follows; BEGINNING at a %aka on the Southern edge of dq, e Right of Way of ',,he Philadelphia & Reading Railroad Cf'ne Reading Company) where [t intersefL~ the Right of Way of Me Pennsylvania Railroad (C.V. Division); thence Southwardly with the Fine of th~ Right of Wa,/of the said Pennsylvania Railroad along South Earl Sb'eet, extended to a stake; thence Eastwardly across the said street on road and along the line now or formerly of said Atlanldc Refining Company; thence Southward!y with the said Ald,,antdc Refining Company ].00 feet to an iron post prey ously lo,ted near the o I lank of the sa~d Company; thence Northwardly 46.25 degrees East 186.5 feet to an iron pin at land now or formedy of Wilbur E. and D2vid F. Detwiler; thence with the said land now or formerly of Detwiler, Northwardly 23 degrees West, 257 feet to the Southern edge of the Right of Way of Tl~e Reading Company near a dump of locust trees; thence Westwardly with t~e said railroad tn t'h~ nl~r~ BEGINNING aC a stake on r. he Sourchern edge of the Right of Way of The Reading Company!a~ corner of lands now or formerly of Wilbur E. and David F. Detwiler; thence Sbuth 26 degrees 19 minutes Ea~, 28.05 feet [o a stake; thence with land now or formerly of Harry McElhare and Emma McE~hare, his wife, North 88 degrees I:] minutes West, 2~.$.5"., feet to a stake at land now or formerly of the Pennsylvania Railroad; thence North ].2 degrees 30 minut:es West, 25.43 feet to a stake on the Right of Way of The Reading Company aforesaid; thence with l:he said Right of Way to the place of BEGINNING. CONTAZNING 109/'!000 acres sold and conveyed out of the land f~rst aforesaid by Harw McE]har~ and Emma McEIhare, his wife, to The Reading Company. BEING tha~!same real es~a~e that Miriam ]. ReJgle, widow and slngfe woman, by her de~d dated July 8, ].988 and in the Office of the Recorder of Deeds in and for ~ranklin CounL'y, Pennsylvania, in Deed Book Volume "L", Volume 33, al: PaGe 8~.9, conveyed to Randy G. Bigler and Carol D. Bigler, husband and wifei Grantors herein. AND I:he said Grantors will specially warrant the property hereby conveyed. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-4954 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK, AS TRUSTE Plaintiff (s) From LUTHER W. CHAMBERS AND CATHERINE P. CHAMBERS, 220 S. EARL ST., SHIPPENSBURG PA 17257, (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 225 S. EARL STREET, SHIPPENSBURG PA 17257 (SEE LEGAL DESCRIPTION). (2) You are also directed to at~ach the proper~y of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 92,876.24 L.L. $.50 Interest 6/11/03 TO 9/3/03 ~ $12.99 PER DIEM = $1,297.95 Due Prothy 1.00 Other Costs Atty's Comm % Atty Paid $245.00 Plaintiff Paid Date: JUNE 11, 2003 Proth~o~otax~ (Seal) By: REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFKBLVD., SUITE 1400 PHILADELPIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 CURTIS R. LONG UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA LUTHER W. CHAMBERS CATH~Rll~ P. CHAMBERS CASE NO.: 1-01-05320 CHAPTER 13 ORDER DISMISSING CASFi AND NOW, Upon Trustee's Motion to Dismiss (and hearing if appropriate), ~ it having been de~crmined that this case should I~ di~misseck it is ORDERED that tbe case of thc above-named debtor(s) bo and it hereby is dismissed and it is fi~,her ORDERED that ~ae tmste~ h~reby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby dismissed, and it is further ORDERED that any oumanding fees are immediately due and payable to the U.S. Bankruptcy Court. DATE: MAY 2 HARRISBURG, PENNSYLVANIA L~ W & CATHERINE P CHAMBF. RS 225 S EARL ST SHIPPh-'N'SBURG PA 17257 ROBERT L. O'BRIEN ESQ O~RIEN BARIC & $CHE. RF..R 17 WEST ,.~ODTH ~-1'~ CARLISLE, PA 17013 CHARLF. S J DEHART llI ESQ PO BOX 410 HUMMELSTOWN PA 17036 BY THE COURT: 058813 FEDERMAN and PHELAN, LLP 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 BANK OF NEW YORK~ AS TRUSTEE Plaintiff, LUTHER W. CHAMBERS CATHERINE P. CHAMBERS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4954 CIVIL 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. NK FEDERMAN, ESQUIRE Attorney for Plaintiff · BANK OF NEW YORK, AS TRUSTEE Plaintiff, LUTHER W. CHAMBERS CATHERINE p. CHAMBERS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4954 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK~ AS TRUSTEE, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~225 SOUTH EARL STREET~ SHIPPENSBURG~ PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LUTHER W. CHAMBERS 220 SOUTH EARL STREET SHIPPENSBURG, PA 17257 CATHERINE p. CHAMBERS 220 SOUTH EARL STREET SHIPPENSBURGH, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nalne C.F.J.M.A. SPRINT TELEPHONE Last Known Address (if address cannot be reasonably ascertained, please indicate) 725 MUNICIPAL DRIVE C/O ANGELIQUE RINLINGER SHIPPENSBURG, PA 17257 213 W. LAPORTE P.O. BOX 190 PLYMOUTH, IN 46563 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Nalhe Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 225 SOUTH EARL STREET SHIPPENSBURG, PA 17257 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 unswom falsification to authorities. June 10, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff BANK OF NEW YORK, AS TRUSTEE Plaintiff, LUTHER W. CHAMBERS CATHERINE P. CHAMBERS Defendant(s). TO: LUTHER W. CHAMBERS 220 SOUTH EARL STREET SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY No. 01-4954 CIVIL June 10,2003 CATHERINE P. CHAMBERS 220 SOUTH EARL STREET SHIPPENSBURGH, PA 17257 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF,4 LIEN AGAINST PROPER TY. ** Your house (real estate) at ~ 225 SOUTH EARL STREET~ SHIPPENSBURG~ PA 17257~ is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3~ 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $79~024.59 obtained by BANK OF NEW YORK, AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To 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 jndgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE~ GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL ot: that certain Iot: of ground with a brick dwelling house and frame stable *.hereon erected, situated in Shippensburg Township, Cumberland County, Pennsylvania, and known as 225'¢,__~J~i~'i'-":Eiid':St~t, bounded and described as follows: 8EGINNINE; at a stake on the Sour, hem edge of the Right of Way of the Philadelphia & Reading Railroad CT'he Reading Company) where ii: intersects the Right of Way of ~e Pennsylvania Railroad (C.V. Division); thence Southwardly with the line of the Right of Wa,/of the said Pennsylvania Railroad along South Earl Street, extended to a stake; thence Eastwardly across ~he said street on road and along the line now or formerly of said Atlantic Refining Company; thence Southwardly with the said Atiant~c Refining Company 100 feet to an iron post previously lo'ted near the oil ~nk of the said Company; thence Northwardly 46.25 degrees East 186.5 feet to an iron pin aL land now or formerly of Wilbur E. and David F. Debviler; 12ence with the said land now or formerly of DeL, wrier, Nod'.hwa~ly 23 degrees West, 257 feet to the Southern edge of' the Right of Way of Tt~e Reading Company near a clump of locust trees; thence Wesb/vardly with tJhe said railroad tn BEGINNING at a stake on me Soubhern edge of l:he Right of Way of The Reading Company!at corner of [ands now or formerly of Wilbur E. and David F. DeL~viler; thence Sbul¢ 26 degrees :~9 minutes East, 28.05 feet to a stake; thence wiL'h land now or formerly of Harry McElhare and Emma McEIhare, his wife, North 88 degrees ~:] m[nutes West, 2~_-~.5~. feet to a stake at land now or formedy of the Pennsylvania Railroad; thence North :L2 degrees 30 minutes West, 2,5.43 feet to a s~ke on ~he Right of Way of The Reading Company aforesaid; thence With the said Right of Way to t_he place of BEGINNING. CONTA]:NING 109~'~000 acres sold and conveyed out of t:he land first aforesaid by Harry lVlcb---]hare and Emma McElhare, his wife, to The Reading Company. BEING that!same real estate tho: Miriam J. Reigle, widow and single woman, by her deed dated July 8, z988 and in the Office of the Recorder of Deeds in and for Franklin, Counb,, Pennsylvania, in Deed Book Volume "L", Volume 33, at Page 829, conveyed b2 Randy G. Bigler and Carol D. Eigler, husband and wife~ Grantors herein. AND the sold Grantors will specially warrant the property hereby conveyed. Bank of New York, as trustee VS Luther W. Chambers and Catherine P. Chambers In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4954 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions fi.om Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 2.68 Sumharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Advertising 15.00 Share of Bills 28.90 Levy 15.00 $136.88 paid by attorney 7/24/03 Swom and subscribed to before me , This R. Thomas Kline, Sheriff 2003, A.D.Prothonotary(~'f' ~ (~) '~.~o. 1.0~BYRe~a~ E(~tt d;Tpu/i? FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-700~ BANK OF NEW YORK, AS TRUSTEE Plaintiff. LUTHER W. CHAMBERS CATHERINE P. CHAMBERS Defendant(s) ATTORNEY FOR PLAINTIFF :Cumberland County : : Court of Common Pleas : : CIVIl.. DIVISION : : NO. 01.4954 CIVIL : : .. : PRAI=CIPF T~3 VACATF JUD~MFNT ~NITHOI/T PRFJUDICF TO THE PROTHONOTARY: Kindly VACATE the Judgment which was entered on 6111/03 against LUTHER W. CHAMBERS and CATHERINE p. CHAMBERS, Defendants, in the amount of $79,024.59 relative to the instant matter, without prejudice, upon payment of your costs only. Dated: June 26, 2003 FF~/~NK FEDERI~i~N, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE Atty. I.D. No.: 12248 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 BANK OF NEW YORK, AS TRUSTEE LUTHER W. CHAMBERS CATHERINE P. CHAMBERS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4954 CIVIL CUMBERLAND COUNTY PRAECIPE TO THE PROTHONOTARY: X A. Plaintiff hereby withdraws the complaint filed in this matter. Please mark this case discontinued and ended without prejudice. B. Please mark this case settled, discontinued and ended. Date Ffi~ank Federmat~ Attomey for Plaintiff