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HomeMy WebLinkAbout05-0337GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF THE BANKERS TRUST COMPANY OF CALIFORNIA, N.A. IN TRUST FOR THE BENEFIT OF THE HOLDERS OF AAMES MORTGAGE TRUST 2000-1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2000-1 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. DAWN A. GOFF PAUL E. GOFF Mortgagors and Real Owners 952 Brick Church Road Enola, PA 17025 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term 337 No. CIVIL ACTION: MORTGAGE FORRCLORURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLF, TO PROVIDE, YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: ST USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FHtM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call Pennsylvania Housing Finance Agency at 800-342-2397 for a counseling agency in your neighborhood. 3). Visit HUD'S website www.hud.gov/offices/hsg/stIVecoiVecoii.cftn for Help for Homeowners Facing the Loss of Their Homes. 4). Call your lender 800-641-4978 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Carol at 215-825-6329 or Nancy at 215-825-6358 or fax 215-825-6429 or 215-825-6458. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is Edward Sparkman who can be reached at 215-825-6318 or Fax: 215-825- 6418. Please reference our Attorney File Number of CWD-4156. Para information en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is THE BANKERS TRUST COMPANY OF CALIFORNIA, N.A. IN TRUST FOR THE BENEFIT OF THE HOLDERS OF AAMES MORTGAGE TRUST 2000-1 MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2000-1, 7105 Corporate Drive, PTX B-35 Plano, TX 75024- 3632. 2. The names and addresses of the Defendants are DAWN A. GOFF, 952 Brick Church Road, Enola, PA 17025-2508 and PAUL E. GOFF, 952 Brick Church Road, Enola, PA 17025-2508, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On May 23, 2000 mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to AAMES FUNDING CORPORATION, D/B/A NAMES HOME LOAN, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book: 1615 Page: 1100. The mortgage has been assigned to: THE BANKERS TRUST COMPANY OF CALIFORNIA, N.A. IN TRUST FOR THE BENEFIT OF THE HOLDERS OF AAMES MORTGAGE TRUST 2000-1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2000-1 by Assignment of Mortgage dated May 30, 2000 and recorded on March 05, 2002 as Book: 685 Page: 995. The Mortgage and Assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g) which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A„ 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due September 01, 2004, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $58,159.02 Interest from 08/01/2004 $3,221.84 through 01/31/2005 at 10.9900% Per Diem interest rate at $17.51 Reasonable Attorney's Fee $1,250.00 If the Mortgage is reinstated prior to a Sheriff's Sale the Attorney's Fees may be less than this amount based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance ($2,907.95) in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action Late Charges from 09/01/2004 to 01/31/2005 $141.54 Monthly late charge amount at $28.31 Costs of suit and Title Search $900.00 Monthly Escrow amount $121.73 $63,672.40 7. Plaintiff is not seeking a judgment of personal liability (or in person am judgment) against the Defendants in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de teris judgment in mortgage foreclosure in the sum of $63,672.40, together with interest at the rate of $17.51, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: & McKEEVER i A. GOLDBECK, 7R., ESQUIRE FOR PLAINTIFF VERIFICATION I, Michael D. Vestal, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. i Date: I- 3-0?> I(z ,J D. y Michael D. Vestal COUNTRYWIDE HOME LOANS INC. LeoaE Dewr(pd . (As shown on Mortea¢ei ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF EAST PENNSBORC CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A POINT ON THE WESTERLY LINE OF BRICK CHURCH ROAD, WHICH SAID POINT IS 110-, FEET NORTH OF THE NORTHWEST CORNER OF BRICK CHURCH ROAD AND FULTON STREET; THENCI CONTINUING ALONG THE WESTERLY LINE OF SAID BRICK CHURCH ROAD, SOUTH 8" 00° EAST, A DISTANCI OF 18 FEET TO A POINT ON THE WESTERN LINE OF SAID BRICK CHURCH ROAD; THENCE ALONG LANDS NOW OR LATE OF ROBERT A. MORRIS AND WIFE, SOUTH 82" 00° WEST, A DISTANCE OF 142.55 FEET TO A POINT ON THE EASTERN LINE OF AN UNNAMED GRAVEL ALLEY; THENCE ALONG SAID EASTERN LINE OF SAID UNNAMED GRAVEL ALLEY, NORTH 8" 00° WEST, A DISTANCE OF 18 FEET TO A POINT ON THE LINE OF LANDS NOW OR LATE OF JAMES E. HEIKEL AND WIFE; THENCE ALONG LANDS NOW OR LATE OF JAMES E HEIKEL AND CONTINUING THROUGH THE CENTER LINE OF THE PROPERTIES KNOWN AND NUMBERED AS 952 AND 954 BRICK CHURCH ROAD, NORTH 82" 000 EAST, A DISTANCE OF 142.55 FEET TO THE POINT OR PLACE OF BEGINNING. BEING THE SOUTHERLY ONE-HALF OF LOT NO. 30 ON PLAN NO. 2 OF HAPPY'S ADDITION TO ENOLA, AS SUCH PLAN IS RECORDED IN THE RECORDER OF DEEDS OFFICE IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 1 AT PAGE 78 AND PLAN BOOK 1 AT PAGE 97. HAVING THEREON ERECTED THE SOUTHERN ONE-HALF OF A TWO AND ONE-HALF STORY DOUBLE FRAME DWELLING HOUSE KNOWN AND NUMBERED AS 952 BRICK CHURCH ROAD, ENOLA. ECountriMde° HOME LOANS Send Payments to. P.O. Box 660694 P.O. Box 660699 Dallas, TX 752660694 DaMse, TX 75256-06911 Enols, PA 17025-ODW November 2, 2004 Certified Mail No. Return Receipt Requested Regular Mail Account No.: 2091040 Property Address: 952 Brick Church Road Paul E. Goff Ennis, PA 952 Brick Church Road Enola, PA 17025-0000 Current Servicer: Countrywide Home Loans, Inc. TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Please write your Account number on all checks and correspondence. BLOPA127831N2612004 Amount Number 28910462 Paul E. Goff 952 Brick Church Road balance Due for .hems. ikted above. 52,963.08 as of December 2, 2806 ?Ix,eNaaneb RlwbG,wpfl"vry,rt Nu,9aWLMam? w . upuWLiNHuPtl,MNWYW'?r°lew, MWPAI 91AP41 {xaibll K6eoml aL O Countrywide P.O. Box 660694 oae, Dallas, TX 75266-0694 i clikla ((III(I(I(IIIIIILIII III(II((ILII((I rll(I II(II I'III II?II(II(II( SEE OTHER MMOEmrOP IMMW ?IIWOR"nON 002091040200000296308000296308 This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information abom the nature of the default is provided in the attached capes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the Program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Acencv. This Notice contains important legal Information. ff 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 NOTIFICAWN 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 AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL Nt1MERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Paul E. Goff PROPERTY ADDRESS: 952 Brick Church Road Enola. PA LOAN ACCT. NO.: 2091040 ORIGINAL LENDER: CURRENT LENDERI ACT 91 NOTICE Countrywide Home Loans Inc 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 6630 (60) CounibyWile- HOME LOANS Send P%nw%to: PA. Box 660684 P.O. Box esom Deters, TX 75266-0694 Daft 7X 752664694 Enols, PA 17026.0000 November 2, 2004 Certified Mail No. Return Receipt Requested Regular Mail Account No.: 2091040 Property Address: 952 Brick Church Road Dawn A. Goff En01a, PA 952 Brick Church Road Enola, PA 17025.0000 Current Servicer: Countrywide Home Loans, Inc ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is_an_official notice that the mortgage on vow home is in default, and the lender Intends to foreclose. Specific information about the nature of the default is orovided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see If HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. This Notice contains important legal information. 9 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, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NIIMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRt=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 NAME(S): Dawn A. Goff PROPERTY ADDRESS: 952 Brick Church Road Enola. PA LOAN ACCT. NO.: 2091040 ORIGINAL LENDER: CURRENT LENDERISERVICER: Countrywide Home Loans. Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Please write your account number on all checks and correspondence. BLOPA12783 lar4MD4 i AecouN Number 209tM0?2 ' Davin A.Goll 9526dck Oluxhaeatl Balance Due for charges listed above: 52,963.06asd0ecemov7,20D4 4agW In 0.lMbda,AbM VMnAnW V,dsW p+,mml Wwa Wwn'u W.err i epm4ynmllsfaptliLis]ryegheueW, BLCPAf PAnabn Imes I 04abivl Yro Countrywide P.O. Box 660694 war Dallas, TX 75266.0694 ouokmla ((!u(r(r(ur(r(r((ur(?u(luul?u(I?ul(u((r?nr?u(a ?r(? I SEEMMSIDEEFORIM?PoITUNIINrOBMATION 002091040200000296308000296308 8830(02) IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1953 (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. iARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your a for thirty (30) days from the date of this Notice. During that time you must arrange and attend a'face-to4ace' with one of the consumer credit counseling agencies listed at the and of this Notice. THIS MEETING MUST CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this Advise your lender immediatero of your necessary to scneciule one APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) H you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pernsyvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL. BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 952 Brick Church Road, Enola, PA IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the fallowing months and the following amounts are now past due Monthly Payments: $687.91 1,375.82 674.35 674.35 Other charges (explainfitemfze): Late Charges: 28.31 56.62 Other Charges: Uncollected Late Charges: 606.29 Uncollected Costs: 250.00 TOTAL AMOUNT PAST DUE: $2.963.08 PAYMENT INSTRUCTIONS Pleasd • WMakeNeymrw=payableto Cwnrd Home Loans • my, countnumberonyour nechackormonwy oNer • Write in s vry, thee, al amcuntcyou are including. (if Mal ®mom than $5000, pMaca and cedifmd check) • Deal attach your check to the payment coupon • Don't Inctuda canaspoMence • Deal send cash Payments: Allpsymems will be applied to the mixed outstanding Insonalment due, unless uthmwlse expressly prohibited by law. All premium peymentsforcrea Ipe inearri well be applied after application of ary principal and interest payments due, but before any other amounts due on your loan are applied Additional amot nts. If yen submit an adtldional principal maxi an additional eacrww, amand andlar another amount with your i regular hone loan payment of principal and interest. Coonbywyle will first study your home ban narrowed before any additional amowm' is applied If your home loan payments are not current, Countrywide will fust apply any additional principal amount anNor additional i escrow amount to outelanding principal and Warren payments due before either additional amount is stated. Any additer el amount . specified ea'olher will be applied liml to past use principal and interest payments, then east delidm,cies, than leM charyes, then' fees and roars due, then amstanddq principal, . B YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use Knot applicable) HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this nmioe BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,963.06, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiers check certified check or money order made oavable and sent to: Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. You can cure any other default by takho the following action within THIRTY (30) DAYS of the date of this letter. Do rtot use If not aoolirablel IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees that were actually Incurred, up to $60.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender wen if they exceed $50.00. Any attorneys fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past clue, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing arty other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as H you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will Increase the longer you waft. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender.. Countrywide Home Loans, Inc. Address: P. O. Box 660694 Dallas, TX 75266.0694 Phone Number: 1-800.5630102 Fax Number: 1-805.577.3432 Contact Person: Melissa Amador, MS PTX-36 Attention: Loan Counselor EFFECT OF SHERIFFS SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy ft. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _may or _may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents, Countrywide may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, (i) verity that the property is occupied and/or (iii) determine the identity of the occupant. If you do riot cure the default prior to the irispection, other actions to protect the mortgagee's interest in the property (including, but riot limited to, winterizatiron, securing the property, and valuation services) may be taken. The costa of the above-described inspections and property preservation efforts will be charged to your account as provided in your security instrument If you are unable to cure the default on or before December 7, 2004, Countrywide wards 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 yz of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. • Loan Modification: Alternatively, It is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain ban types. • Sale of Your Property: Alternatively, If you are willing to sell your home in order to avold foreclosure, t 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 t. • 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 property directly to the Notehokler and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will need to evaluate whether that assistance will be extended to you In the meantime, Countrywide will pursue all of Its rights and remedies under the loan documerds and as permitted by law, unless t agrees otherwise in writing. Please be advised that failure to bring the loan current or to enter into a written agreement for any one of the foreclosure alternatives outlined above on or before December 7, 2004 will result in the acceleration of the debt. Time is of the essence. If you have any questions concerning this notice, please contact Countrywide's office immediately at 1-800-669-0102, extension 9011. This communication is from a debt collector. 2.0 a Y ZD J ,t .l ,.. N -% CASE NO: 2005-00337 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CALIF VS GOFF DAWN A ET AL CPL. MICHAEL BARRI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GOFF DAWN A the DEFENDANT , at 1523:00 HOURS, on the 21st day of January , 2005 at 952 BRICK CHURCH ROAD ENOLA, PA 17025 PAUL E. GOFF, HUSBAND 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 11.10 Affidavit .00 Surcharge 10.00 .00 39.10 Sworn and Subscribed to before me this 3,t day of ? r0,0 A. D. Prothonotary So Answers: R. Thomas Kline 01/24/2005 GOLDBECK MCCAFFE MCKEEVER By: Depu y riff CASE NO: 2005-00337 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CALIF VS GOFF DAWN A ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE E the DEFENDANT , at 1523:00 HOURS, on the 21st day of January , 2005 at 952 BRICK CHURCH ROAD ENOLA, PA 17025 PAUL E GOFF was served upon 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 3,,A day of p A. D. 'Prothonotary So Answers: f R. Thomas Kline 01/24/2005 GOLDBECK MCCAFFER MCKEEVER By: Deputy S f Curtis R. Long Prothonotary OffttE of the Vrotbonotarp Cumberranb Cauntp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ?s - 33 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573