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Home My WebLink About01-3393 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 TERM Plaintiff NO. DI- .3.3~ Cu\'lY~ v. CUMBERLAND COUNTY KENNETH R, PECK, A/KJ A KENNETH PECK KA TERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PAl 7065 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSL Y 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 #: 505003014INXW 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. 1 . Plaintiff is MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: 3. The name(s) and last known addressees) of the Defendant(s) are: KENNETH R. PECK, NKJ A KENNETH PECK KA TERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 4. On 7/23/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1396, Page 641. By Assignment of Mortgage recorded 10/7/97 the mortgage was assigned to SOURCE ONE MORTGAGE CORPORA nON which Assignment is recorded in Assignment of Mortgage Book No. 559, Page 71. By Assignment of Mortgage recorded 6/13/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 646, Page 498. 5, The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon 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." 7. The following amounts are due on the mortgage: Principal Balance Interest 6/1/00 through 5/1/01 (Per Diem $17.23) Attorney's Fees Cumulative Late Charges 7/23/97 to 5/1/01 Cost of Suit and Title Search Subtotal $83,863.50 5.772.05 4,000,00 433.56 750.00 $94,819.11 Escrow Credit Deficit Subtotal 454.20 0.00 ($ 454.20) TOTAL $94,364.91 8. 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, 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 10. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. S 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 11. 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 Plaintiffs 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 $94,164.91, together with interest from 5/1/01 at the rate of$17.23 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. ~,(r~~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff em mortgage'" CitiMortgage, Inc. Z9.fi'~1'3&6r8ijl;gwn R,(ud f':trming(()n Hilk :VI I -IS; ;"1_ i"- CitiMortgage, Inc. 27555 Farmington Road Farmington Hills MI 48334-3357 1-800-366-3003 SEPTEMBER 5, 2000 KENNETH R PECK 314 ZION RD MT HOLLY SPGS PA 17065-0000 PROPERTY ADDRESS RE: Loan No. : 50500301-4 314 ZION RD MT HOLLY SPGS PA 17065-0000 Creditor: CitiMortgage, Inc. Dear KENNETH R PECK ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home ~s ~n default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. 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. The name and address and phone number of the Consumer Credit Counseling Agency serv~ng your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION 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 lNMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA lLAMADO E:)(~IE3I1r ~ "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" El CULA PUEDE S~~g~In~~~bJ.A,sf~B~JJVMJ)~.I;e 1J~R9t.I~rr~~,~1;,mi-vSU HIPOTECA. AmemberofcltlgroupJ' ~(S): ~ R PECK ern mortgage'. CitiMortgage, Inc, Z9mlS5~8l)1;c["n JZ""j Farminglon HJli" \ii -+,').~~, f "1 ~ CitiMortgage, Inc. 27555 Farmington Road Farmington Hills MI 48334-3357 1-800-366-3003 SEPTEMBER 5, 2000 KATERRA L PECK 314 ZION RD MT HOLLY SPGS PA 17065-0000 PROPERTY ADDRESS RE: Loan No. : 50500301-4 314 ZION RD MT HOLLY SPGS PA 17065-0000 Creditor: CitiMortgage, Inc. Dear KATERRA L PECK ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. 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. The name and address and phone number of the Consumer Credit Counseling Agency servJ.ng your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION 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 INMEDITAMENTE LLAMANDO ESTA AGENCIA E:)(til~'1r ~ (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CULA PUEDE S AliMlRrg:fill lreASA btsAesP!i ImiIs.~Iil&Lge n.EtlECti B11AN 2Ef)1.IJrtd ~ U HIP 0 T E CA . A member of cltlgroup"j' ~ME(S): KATERRA L PECK t,' ~. ~'" ,'" I. ,',... "1 . i :,.,.: l<-i WI <.' <..t t ~ '.I'\,,;j.' cffimortgage'." CdrR6f+lg.igiNDttfUSERVICER: Ci tiMortgage J Inc. 2755') Farmington Road DEt'R'li9~o'O~1~' ,"vI I 48)3'1-55'; 7 EXH\B\1" ,.. CitiMortgage, Inc. does business as Citicorp Mortgage in AZ, LA, MT, NM, PA and WV. Amemberof Cltlgroup""j" DPe') >"t.!~ l' '~::~ ~ j:... I I (.. ~ " ----------- -------- ----------- HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND 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 CIRCUMSTANNCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act. you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time. you must arrange and attend a "face-to-face" meeting with one of the Consumer credit counseling agencies listed at the end of the Notice. THIS MEET! NG MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCY--If you meet with one of the Consumer credit counseling agencies listed at the end of this notice. the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names and addresses and phone numbers of the designated Consumer credit counseling agencies for the county in which the property is located are set forth at the end of this notice. It is only necessary to schedule one "face-to-face" meeting. Advise your creditor immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth in this Notice (see the following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender. you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so. you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated Consumer credit counselin~ 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 Agency. Your application MUST be filed or ..'" ... L II complete application to the Pennsylvania Housing Finance EXHIBIT A postmarked within thirty (30) days of your ...~-- ---------- MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR ASSISTANCE WILL BE DENIED, AGENCY ACTION--Available funds for emergency mortgage assistance are very limi ted . They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete ~n every respect. The Pennsylvania Housing Agency has sixty (60) days to make a decision after it DELR190 02lA EXHIBIT A A', -r j;.'j H,,~ , 1"-'H. 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 regarding 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 a bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 314 lION RD MT HOLLY SPGS PA 17065-0000 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS: The following amount are now past due: 3PAYMENTS FOR 7/01/00 THROUGH 9/01/00 @ 763.00 EACH = $ 2289.00 OPAYMENTS FOR THROUGH @ 763.00 EACH = $ 0.00 2LATE CHARGES FOR 7/01/00 THROUGH 8/01/00 @ 30.52 EACH = $ 61.04 OLATE CHARGES FOR THROUGH @ 0.00 EACH = $ 0.00 LATE CHARGES DUE PRIOR TO DEFAULT DATE...................... $ 171.90 ALLOWABLE FEES AND COSTS (IF ANy)............................. $ 8.75 SUSPENSE FUNDS BALANCE CREDIT (IF ANy)....................... $ 150.13 TOTAL AMOUNT PAST DUETOTAL ....................... $ 2380.56 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2380.56, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: CitiMortgage, Inc. at 27555 Farmington Road , Farmington Hills MI 48334-3357. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. .. EXHIBIT A IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default w~th~n THIRTY (30) n^v~ ~~ ~h~ ri~~~ n~ +h;~ Nn+;~A +hA lAnrlp~ ;nTPnrlc Tn ~xe~cise ;TC ~iahts to ft'l . \. ~ <,;.,' "''1, ,,+ j ,'I' t".....,.,) 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. DELR190 02lA IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys but you cure the delinquency before the creditor begins legal proceedings against you} you will still be required to pay the reasonable attorney fees that were actually incurred up to $50.00. However} if legal proceedings are started against you} you will have to pay all reasonable attorney fees actually incurred by the creditor even if they exceed $50.00. Any attorney fees will be added to the amount you owe the creditor} which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY PERIOD} you will not be required to pay the attorney fees. OTHER CREDITOR REMEDIES -- The lender may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance} suit will be for the property only. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due} plus any late or other charges then due, reasonable attorney fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale specified in writing by the lender and by performing any other requirements under the mortgage. CURING YOUR DEFAULT IN THE MATTER SET FORTH IN THIS NOTICE WILL RESTORE YOUR MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED. EARLIEST POSSIBLE SHERIFF S SALE DATE -- date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. sale will be sent to you before the sale. increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. It is estimated that the earliest A Notice of the actual date of the Sheriff s Of course} the-amount needed to cure the default will EXHIBIT A HOW TO CONTACT THE LENDER M~_~ n+ r~~~;+n~. r;+;Mn~+n~np Tnr .I/!r. ~',,' ".'t. .~, j 1j ," . ."'1, ; ,t$ i i',l'", Contact Person: Loan Counselor EFFECT OF THE SHERIFF S SALE -- You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- Your loan mayor may not be assumable, please contact: CitiMortgage, Inc. DELRl90 02lA 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. A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED HERETO Sincerely, Collection Department If you have previously received a Chapter 7 discharge in bankruptcy, 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. EXHIBIT A ,1\" .' if 3 i 'l" !.: -.,.~"""t ,. ~,.,... 71'"t'" \ "':"',,4} '.'; ...~.J PENNSYLV MHA HOUSING FINAi'lCE AGE:"ICY HOMEOWNER'S EMERGENCY ASSIST Ai'lCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street PO, Box 1328 Williamsport. PA 17703 (570) 326-0587 FA-X (570) 322-2197 CCCS of Northeastern PA 1631 South Atherton St., Suite 100 State College, PA 1680 I (814) 238-3668 FAX (814) 238-3669 CCCS of Northeastern PA 20 I Basin Street Williamsport, PA 17703 (570) 323-6627 FA-X (570) 323-6626 COlU:\oIBIA COl";'lTY 1400 Abmgton ExecutIve Park Suite I Clarks Summit. PA 18411 (570) 587-9163 or (800) 922-9537 FA-X (570) 587-9134-9135 3 I W Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on ECDnomics Opportunity of Luzerne County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1 665-(Cal1 Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-5631-(Call Before Faxing) (570) 836-4090 Tunkhannock CRAWFORD COll'iTY Greater Erie Community Action Committee 18 West 9"' Street Erie, PA 16501 (814) 459-4581 FA-X (814) 456-0161 Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FA-X (814) 5749 John F Kennedv Center, Inc. 2021 East 20"' Street Ene, PA 16510 (814) 898-0400 FA-X (814) 898-1243 Shenango Valley Urban League, Inc 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 CUMBERLAND COl'NTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3'd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6"' Street Harrisburg, PAl 710 I (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 . (717) 243-3818 FAX(717)-731-9589 Community Action Comm of the Capital Region 1 5 14 Derry Street Harrisburg, PA 17104 (717)232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FA-X 334-8326 PENNSYL V Ai"llA BULLETIN, VOL. 29, NO. 23. JUNE 5. 1999 EXH\SlT A ~ .........: ."''', ~ i~ i :rj,f ,,'" . ALL THAT CERTAIN lracl of land situated in South Middleton Township. Cumberland County. Penn.~ylVlU1ia. bounded and described in accordance with a survey by Roy M. Benjamin, R.S,. dated May 24, 1971. i' 8eGIN~lNG"al a point on the east side of Township Road 520. said point being 1056 feet south of the. intersection' of Legislative Route 21008; thence along an unnamed alley, South 78 degrees SO mimites ;E<is( 180 feet loa point at Jllnd~ nOW or formerly of Harvey Slone; thence along Innds now or formerly of Harvey Stone,Soulh 11 degrees 10 minutes We!;! 80 [eet to a poinl on the north side of another unnamed alley: thence along the north side of said alley North 78 degrees 50 minutes West 180 fecI to a point on the east side of Township Road 520: thence along said Township Road. North I ] degrees 10 minutes Enst 80 feet to .a. point, the Place of BEGINNING.";' ' HA VING erected thereon a dwelling house known as and numbered 314 Zion Road, Mount Holly Springs, Pennsylvania 17065. BEING the same premises which Richard L. Shennan and Dorcas M. Sherman, hw;bnnd and wife, by deed dated July 2. 1971 and recorded July 2, 1971. in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvani<l, in Deed Book "0", Volume 24. Page 977. granted and conveyed to Lury L. Lehman and Claudia J. Lehman. husband "nd wife, the Grantors herein. . . VERIFICATION MIKE FLORIAN hereby states that he is MANAGER of CITTh10RTGAGE, INe. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and :hat 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 unsworn falsification to authorities. DATE:~).SI0\ (J ~~ ""-. - ,.,:> ~ t w ~ tn ~ w t ~ fr1 Crt. 9 If\ 8 II) ~ \ C> ~~ r \ t '" ~ -0(;1 D:) cp ~_..j..~ zc, (j) ~,:- ~r~) !;2- ~8 5>c ~ ~ 'i\ Q ~~~ ,p '~ -; ~:j 9 ;. tl~ ::: ~ .- --,;;.:.. ~ -- ::> *-2 - SHERIFF'S RETURN - NOT FOUND . CASE NO: 2001-03393 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS PECK KENNETH R ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT PECK KENNETH R but was unable to locate Him In his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , PECK KENNETH R UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.55 .00 10.00 .00 32.55 s~,answ", ')s: "~'" ' ~ ;;::? ,./,~/, .-:.;~~ ^ / _/-;-c.;.?~, ~6-- R/ Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 07/09/2001 Sworn and subscribed to before me this I ~ 'ik J.. ()Q ( day of :) LdJ- SHERIFF'S RETURN - NOT FOUND f CASE NO: 2001-03393 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS PECK KENNETH R ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT PECK KATERRA L but was unable to locate Her In his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , PECK KATERRA L UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So answerJ3 :// ___ ~ ~, " ,,/..--. "'....;:;?" ;,;..;;..----", .... ) ...~' --/,,' ~' .~-- ..,," ,....- "," ..~------ ..' ,.--..--..> ~......-~~.~ ~ - -"'" R. Thom;~ Kline ~_. Sheriff of Cumberland County FEDERMAN & PHELAN 00/00/0000 Sworn and subscribed to before me this I ~ -j.f... day of ~Co I. ~D' -j~tho~ottiy ~ c~~ ..--" , ) tt ( l( .. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUrrE 1.+00 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAI-:\TIFF COURT OF COMMON PLF'\S CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA22102 TERM Plaintiff v. NO. 61- dJ9J C,u~l '-r~ CUMBERLAND COUNTY KENNETH R, PECK, A/KJ A KENNETH PECK KA TERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSVRE NOTICE **THJS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT A:\D ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOL'SL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIR:\lED, 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 HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Loan #: 505003014!NXW CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PAl 7013 (717) 249-3166 T~E COpy FROM RECORD '~T""J"',)'"""""",_" \' " "~"'h'.1f'i )oh'r.Jti:,\6f, . iki~~ tlrii<l ~ my twlfl ,. t....." .....""'" ',' '.. I." "-'~ cr'., " " " ,~ m"I!J ,';,r,ji"", o.A)U!" <ifM ~i~~. Pa. T . a;'f'l' We hereby certify the within to be a true and correct copy of the original filed of record FEDERMAN AND PHElAN - ------------ .-.:':- "'1-,.' ,": '~ .;.). 1\,'1 ~{. ~_ ".'~ '," 'r ~ ~ .J",' . \ ~ :;-" ~. " :..1.~ --~---------- IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FRO"I 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 \VITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF \VILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKE\VISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF \VILL 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. 1. PlaintitT is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the ov..ner of the entire beneficial interest in the mortgage: 3. The name(s) and last known addressees) of the Defendant(s) are: KENNETH R. PECK, AIKJ A KENNETH PECK KA TERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 4. On 7/23/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1396, Page 641. By Assignment of Mortgage recorded 10/7/97 the mortgage was assigned to SOURCE ONE MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. 559, Page 71. By Assignment of Mortgage recorded 6/13/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No, 646, Page 498. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon 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." [-:11,.: fulj\)\\ lng alliuL:r"'ll:; Jrc dut: Ui~ tl:L' n1t)rtg~1:;L: PrII1Clp;l[ B;lbl1cC Interest 6 100 through 5 1 01 (Per Diem S 17.23) Attorney's Fees Cumulative Late Charges 7/23/97 to 5/1 /0 I Cost of Suit and Title Search Subtotal S,,3.:-,6_UI) :'.--2.0'\ 4.000,00 -+33.56 750.00 594,819.11 Escrow Credit Deficit Subtotal 454.20 0.00 ('5454.20) TOTAL S94.364,91 8. The attorney 's fees set forth above are in conformity \vith the Mortgage documents and Pennsylvania Law, and will be collected in the event ofa third party purchaser at Sheriffs Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged 9. This action does not come under Act 6 of 1974 because the origmal mortg;lge amount exceeds $50,000,00. 10. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P,S, S 1680A03c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A," 11. The Temporary Stay as provided by the Homeovmer's Emergency l'vlortgage 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 Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (11.) 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 $94,164.91, together with interest from 5/1 01 at the rate ofSI7.23 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. Is! Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff em mortgage'" CitiMortqaqe, Inc. Z91f7 1 ~L3,08il1;[,,' 11 :',;r:;l:rl~:i)tl d1;1\ \1 it..., ~ : CitiMortgage, Inc. 27555 Farmington Road Farmington Hills MI 48334-3357 1-800-366-3003 SEPTEMBER 5, 2000 KENNETH R PECK 314 ZION RD MT HOLLY SPGS PA 17065-0000 PROPERTY ADDRESS RE: Loan No. : 50500301-4 314 ZION RD MT HOLLY SPGS PA 17065-0000 Creditor: CitiMortgage, Inc. Dear KENNETH R PECK ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is ~n default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. 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. The name and address and phone number of the Consumer Credit Counseling Agency serv~ng your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney ~n 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 VIVIENDO EN SU CASA. 51' NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION tNMEDITAMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO EXHIBITA ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CULA PUEDE Soti.~g~[n~%~bJ.iI\,sf.&8~~1.P~~e Q~R9t.I~Tf\.J~RIAl;,mi'v'SU HI POTECA . A memberof otlgroup~ em mortgage"" CitiMortqaqe. Inc. Z907135686-- CitiMortgage, Inc. 27555 Farmington Road Farmington Hills MI 48334-3357 1-800-366-3003 SEPTEMBER 5, 2000 KATERRA L PECK 314 ZION RD MT HOLLY SPGS PA 17065-0000 PROPERTY ADDRESS RE: Loan No. : 50500301-4 314 ZION RD MT HOLLY SPGS PA 17065-0000 Creditor: CitiMortgage, Inc. Dear KATERRA L PECK ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home ~s ~n default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. 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. The name and address and phone number of the Consumer Credit Counseling Agency serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney ~n 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 VIVIENDO EN SU CASA. Sf.NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA E:)(~I~'1r ~ (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CULA PUEDE SAlitVARtg~V IrlZASA b1bAcsPli rl~IilfgLge DERECtHi11AN2ED.lbU ~ U HIP OT ECA . A memberof Cltlgroup"t effi mortgage'." C4:1RfUitHqciditmttiUSERVICER: Ci tiMortgage) Inc, 2":'"~':;':; Farmington Rtnd DEl'R'l'9:uur02!iA' \1 i -j" ; ;-j_\ . . EXH\B\1 " Ci[iMortgag~, Ine. does business as Ci[jcorp Mortgag~ in AZ, LA, MT. NM, PA and WV. A memberof cltlgrouPJ HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND 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 CIRCUMSTANNCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time, you must arrange and attend a "face-to-face" meeting with one of the Consumer credit counseling agencies listed at the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCY--If you meet with one of the Consumer credit counseling agencies listed at the end of this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names and addresses and phone numbers of the designated Consumer credit counseling agencJ.es for the county in which the property is located are set forth at the end of this notice. It is only necessary to schedule one "face-to-face" meeting. Advise your creditor immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth in this Notice (see the following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated Consumer credit counselin~ 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 Agency. Your complete application to the Pennsylvania Housing Finance EXHIBIT A - . . . ....... . ........ ... '-:tn, ...._.._ _~ u_.._ MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limi ted. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete ~n every respect. The Pennsylvania Housing Agency has sixty (60) days to make a decision after it DELRl90 02lA . . EXHIBIT A rece~ves your appl~catior Dur~ng tnat time, no foreclosure proceedings will be pursued aga~nst 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 regarding 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 a bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 314 ZION RD MT HOLLY SPGS PA 17065-0000 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS: The following amount are now past due: 3PAYMENTS FOR 7/01/00 THROUGH 9/01/00 @ 763.00 EACH = $ 2289.00 OPAYMENTS FOR THROUGH @ 763.00 EACH = $ 0.00 2LATE CHARGES FOR 7/01/00 THROUGH 8/01/00 @ 30.52 EACH = $ 61.04 OLATE CHARGES FOR THROUGH @ 0.00 EACH = $ 0.00 LATE CHARGES DUE PRIOR TO DEFAULT DATE...................... $ 171.90 ALLOWABLE FEES AND COSTS (IF ANy)............................. $ 8.75 SUSPENSE FUNDS BALANCE CREDIT (IF ANy)....................... $ 150.13 TOTAL AMOUNT PAST DUETOTAL ....................... $ 2380.56 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER) WHICH IS $ 2380.56} PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY DAY PERIOD. Payments must be made either by cash, cashier's check} certified check or money order made payable and sent to: CitiMortgage} Inc. at 27555' Farmington Road } Farmington Hills MI 48334-3357. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. ~t1i ~ IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY E:)(~I ---. due ~mmediately and you may lose the chance to pay the mortgage in monthly lnstallments I~ 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, DELRl90 021A IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys but you cure the delinquency before the creditor begins legal proceedings against you, you wi 11 sti 11 be required to pay the reasonable attorney fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the creditor even if they exceed $50.00. Any attorney fees will be added to the amount you owe the creditor, 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 the attorney fees. OTHER CREDITOR REMEDIES -- The lender may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge ~n a Bankruptcy proceeding. In that circumstance, suit will be for the property only. RIGHT TO CURE THE DEFAULT PRIOR TO THE 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 due, plus any late or other charges then due, reasonable attorney fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale specified in writing by the lender and by performing any other requirements under the mortgage. CURING YOUR DEFAULT IN THE MATTER SET FORTH IN THIS NOTICE WILL RESTORE YOUR MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED. EARLIEST POSSIBLE SHERIFF S SALE DATE -- date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. sale will be sent to you before the sale. increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. It is estimated that the earliest A Notice of the actual date of the Sheriff s Of course, the.~mount needed to cure the default will EXHIBIT A un" Tn ,...n.'T ^r-T TUl: I l:",nc:p Contact Person: Loan Counselor EFFECT OF THE SHERIFF S SALE -- You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you cont~nue to live ~n 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-- Your loan mayor may not be assumable, please contact: CitiMortgage, Inc. DELRl90 02lA 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. A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED HERETO Sincerely, Collection Department If you have previously received a Chapter 7 discharge in bankruptcy, 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. . . EXHIBIT A PE:'iNSYL V..\..'iIA HOL'SING FI~..\..'iCE AGE~CY HOMEOW:'iER'S E.\'tERGE~CY ASSISTA.'iCE PROGRA.\l CONSL'MER CREDlT COUNSELING AGE~CIES (REV. 8/00) Lycommg-Clmton Counties Commislon for Community Action (STEP) 2138 Lmcoln Street PO. Box 1328 Williamsport. PA 17703 (570) 326-0587 FA-X (570) 322-2197 CLINTON COL':'iTY CCCS of7'iortheasrern P..>.. 1631 South Atherton St, Suite 100 Sute College. PA 1680 I (81-+) 238-3668 F,.l",X l81-+) 238-3669 CCCS of7'iortheastem PA 20 \ Basin Street Williamsport, P A 17703 (570) 323-6627 FAX (570) 323-6626 eOlDtBI.-\ eOL-:-;TY 1-+00 Abmgton Executive Park SUIre 1 Clarks SummIt P,.>., 18-+11 (570) 587-9163 or (800) 922-9537 FAX (570) 587-913-+-9135 31 W Market Street POB 1127 Wilkes-Barre. PA \8702 (570) 821-0837 or (800) 922-9537 FA-X (570) 821-1785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre. P,.>., 18702 (570) 826-0510 or (800) 822-0359 FA-X (570) 829-1665-{Call Before Faxing) (570) 4554994 Hazeltown FAX (570) 455-563 I-{Call Before Faxing) (570) 8364090 Tunkhannock eRA WFORD eOl-:-;TY Booker T. WashmglOn Center 1720 Holland Center Ene, PA 16503 (814) 453-5744 FA-X (81-+) 5749 Gre:ller Ene Communi!'.' Action Committee 18 West 9th Street . Ene, PA 1650 I (814) 4594581 FA-X (81-+) ..56-D161 John F Kennedv Center. Inc, 2021 East 20th Street Ene, PA 16510 (814) 898-0400 FA-X (814) 898-1243 Shenango Valley Urban League, Inc 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 CDtBERL,\;'ffi eOL'NTY Financial Counseling Services ofFrankJin 31 West 3'. Street Wa~,.TJesboro, PA 17268 (717) 762-3285 CCCS of West em Pennsylvania. Inc. 2000 Lmg1estown Road Harrisburg, P A 17102 (717) 541-1757 Urban League of Metropolitan HalTlsburg N. 6'" Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 '(';';CA of Carlisle 30 I "G" Street Carlisle. PA 17013 . (717)243-3818 FAX (717)-731-9589 Community Action Comm ofche Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FA-X (717) 234-2227 Adams County Housing ,.>.,uthority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 FA-X 334-8326 PE:"INSYLVANIA BULLETIN, VOL. 29. NO. 23. JUNE 5.1999 exH\Srr A . AU THAT CERTAIN tract of land situated in South Middleton Township. Cl1mber!:lnd Couney, Pennsylvnnia., bounded and described in accordance with a survey by Roy M. Benjamin, R.S" dOlled May 24, 1971. \ BEGINNING at a point on lhe east side of Township Road 520, said point being 1056 feet soulh of the. i~t~t'Secti~flof Legislative Route 21008; thence along an unnamed alley, South 78 degrees 50 mmutes ,E<1st 180 feet to a point at ]and~ now or formerly of Harvey Slone; thence along lands now or formerly of Harvey Slone, South 11 degrees 10 minutes West 80 fect to a poinl On the north side of another unnamed alley; thence along the north side of said alley NOl1h 78 degrees 50 minutes West 180 feet to a point on the enst side of Township Road 520: thence along said Township Road. North I] degrees 10 minutes East 80 feet to a point. the Place of BEGINNING. ' " . ' HA VING erected thereon a dwelling bouse known as and numbered 314 Zion Road, Mount Holly Springs. Pennsylvania 17065. BEING the same premises which Richard 1.., Sh.:rman and Dorcas M. Sherman, husband and wife, by deed dated July 2. 1971 and recorded July 2, 1971, in the Office o( the Recorder of Deeds in and (or Cumberland County, al Carlisle, Pennsylvanin, in Deed Book "Du. Volume 24, Page 977, granted and conveyed to Larry L Lehman and Claudia 1. I...ehman. husband <lnd wife. the Grantors herein. VERlFICA TION MIKE FLORIAN hereby states that he IS MANAGER ofCITIMORTGAGE, INe. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification. and :hat the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and be lief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S, Sec. ~()O-l relating to unsworn falsification to authorities, DATE: ~\).S Ie) \ _ \I\~l.jd -\. \. (:..", \"'r< \,,\_,"'~ t'\ \1.' .," . ,) ~ \ \ ' ' ~ ' ' \\\\\ \' \\~ ~t. t, \\}\ \, \\ \<';',\: ~., ~"r\ \, ,/',~ .",\\.. .~\1b'~ ,(\() , It' 1(\ - --~__ '::r\-~~;:J ------- @ff \f\fU 22! \~ j:::u11 ~ ~ .~} FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE lDENTfFICA TION NO. 1224~ ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAI:--JTIFF COURT OF COM'vrON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA22102 TERM Plaintiff NO. 01 -~393 G'u~l'-r~ v. CUMBERLAND COUNTY KENNETH R, PECK, NKI A KENNETH PECK KA TERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSVRE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT A;-':D ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOIJSL Y 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 ob] ections 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. Loan #: 505003014INXW CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PAl 70 13 (717) 249-3166 TRUE COpy FROM RECORD lit T.ift~ly ~ttM'aoi, I iMJ(j ynro.. ~ t'tanG .. .. Sriilii f~ rwid {)'iUi't at CaiUsie. Pa. '-- ~~o; ~~~~~ W. hereby certify the within to be a true and correct copy of th9 or'ginat med of record I A.... FEOERMAN AND PHE...,,,n . "~'J ~ i.j; 1 I 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 \VITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF \VILL OBT AIN 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 \VILL 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. FURTHERlVIORE, 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. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2, Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: 3, The name(s) and last known addressees) of the Defendant(s) are: KENNETH R, PECK, NK/ A KENNETH PECK KA TERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 4. On 7/23/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1396, Page 641. By Assignment of Mortgage recorded 10/7/97 the mortgage was assil:,'11ed to SOURCE ONE MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. 559, Page 71. By Assignment of Mortgage recorded 6/13/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 646, Page 498. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon 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." -r:,!(..: 1'1)]]1 )'..\lng a~-:1uL~nt:, Jr~ ;jUc' I.Jr~ the' nl(,r:g~l~~ PrInclp~1 B~bnc~ Interest 6 1 iOO through 5 1 01 (Per DIem S 17,23) Attorney's Fees Cumulative Late Charges 7/23/97 to 5/1/0 I Cost of Suit and Title Search Subtotal S:)3.~63.5u 5.~-2()5 4,000,00 -U3.56 750.00 $94,819.11 Escrow Credit Deficit Subtotal 45-1-.:20 0.00 (S 45420) TOTAL 594,364.91 8. 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 \\ill be ch~rged 9, ThIs action does not come under Act 6 of 1974 because the origmal mortg~ge amoun t exceeds $50,000.00. 10. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. S 1680A03c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A," 11, The Temporary Stay as provided by the Homeovmer' 5 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 Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (11.) 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 $94,164.9 I, together with interest from 5/110 I at the rate of $1 7.23 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 FEDERivlAN, ESQUIRE Attorney for Plaintiff em mortgage'" CitiMortgaqe, Inc. Z91t~1'3l3iOr8ii\~[, ",,;, :" ~r'l1: n ~[,) [l ;-111!" \ 1; +,,',; CitiMortgage, Inc. 27555 Farmington Road Farmington Hills MI 48334-3357 1-800-366-3003 SEPTEMBER 5, 2000 KENNETH R PECK 314 ZION RD MT HOLLY SPGS PA 17065-0000 PROPERTY ADDRESS RE: Loan No. : 50500301-4 314 ZION RD MT HOLLY SPGS PA 17065-0000 Creditor: CitiMortgage, Inc. Dear KENNETH R PECK ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is ~n default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. 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. The name and address and phone number of the Consumer Credit Counseling Agency serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney ~n 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 VIVIENDO EN SU CASA. SI' NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION tNMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO EXHIBITA ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CULA PUEDE S~~~ln~%~bJ.A,sfi:8~J,qAvIJ)~~e 1J~!=l9/:I~htNlR,qJ;l.~ml'iv,SU HIPOTECA. A member of CltlgroupJ' em mortgage"" Citi Mortqaqe, Inc. Z9{J.7'135686c : - _I :- : ; ~ ::;..: \ l I : ~ ,- . CitiMortgage, Inc. 27555 Farmington Road Farmington Hills MI 48334-3357 1-800-366-3003 SEPTEMBER 5, 2000 KATERRA L PECK 314 ZION RD MT HOLLY SPGS PA 17065-0000 PROPERTY ADDRESS RE: Loan No, : 50500301-4 314 ZION RD MT HOLLY SPGS PA 17065-0000 Creditor: CitiMortgage, Inc. Dear KATERRA L PECK ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home ~s in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. 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. The name and address and phone number of the Consumer Credit Counseling Agency serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney ~n 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 VIVIENDO EN SU CASA. Sf.NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA E:)(~I~'1r ~ (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CULA PUEDE SAlitVARtg~V Ir€ASA, b!sAesPJi R:~aEg~e DalECH B11A"l2Elf)lMllt'vS U HIP OT ECA . A member of cltJgroup'T em mortgage'." ctlRRENTq_tHlfi:IVSERVICER: Ci tiMortgage) Inc, 2-:;;; F:1rmingron RO.1J DE'i:1R:J.19:tJ<"021iA- \11 ~,' i ;~-,;,~ EXH\S\\ " CitiMortgage, Inc, does business as Citicorp Mortgage in AZ. LA. MT, NM, PA and wv. A member of CltlC~roupj'" HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND 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 CIRCUMSTANNCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time, you must arrange and attend a "face-to-face" meeting with one of the Consumer credit counseling agencies listed at the end of the Notice. THIS MEET! NG MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCY--If you meet with one of the Consumer credit counseling agencies listed at the end of this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names and addresses and phone numbers of the designated Consumer credit counseling agenc~es for the county in which the property is located are set forth at the end of this notice. It is only necessary to schedule one "face-to-face" meeting. Advise your creditor immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth in this Notice (see the following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated Consumer credit counselin~ 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 Agency. Your complete application to the Pennsylvania Housing Finance EXHIBIT A - . - -...... - .... ... , '7 n, ...._.._ _. .._.._ MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limi ted . They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete 1n every respect. The Pennsylvania Housing Agency has sixty (60) days to make a decision after it DELRl90 02lA . . EXHIBIT A rece~ves your applicatlon During tnat 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 regarding 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 a bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 314 ZION RD MT HOLLY SPGS PA 17065-0000 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS: The following amount are now past due: 3PAYMENTS FOR 7/01/00 THROUGH 9/01/00 @ 763.00 EACH = $ 2289.00 OPAYMENTS FOR THROUGH @ 763.00 EACH = $ 0.00 2LATE CHARGES FOR 7/01/00 THROUGH 8/01/00 @ 30.52 EACH = $ 61.04 OLATE CHARGES FOR THROUGH @ 0.00 EACH = $ 0.00 LATE CHARGES DUE PRIOR TO DEFAULT DATE...................... $ 171.90 ALLOWABLE FEES AND COSTS (IF ANy)............................. $ 8.75 SUSPENSE FUNDS BALANCE CREDIT (IF ANy)....................... $ 150.13 TOTAL AMOUNT PAST DUETOTAL ....... ................ $ 2380.56 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2380.56, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: CitiMortgage, Inc. at 27555 Farmington Road ,Farmington Hills MI 48334-3357. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. t1r ~ IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY E:)(~t~ '~n' due lmmediately and you may lose the chance to pay the mortgage in monthly installments I~ 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. DELRl90 021A IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys but you cure the delinquency before the creditor begins legal proceedings against you, you wi 11 sti 11 be required to pay the reasonable attorney fees that were actually incurred up to $50.00. However, if legal proceedings are started against you} you will have to pay all reasonable attorney fees actually incurred by the creditor even if they exceed $50.00. Any attorney fees will be added to the amount you owe the creditor} 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 the attorney fees. OTHER CREDITOR REMEDIES -- The lender may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge 1n a Bankruptcy proceeding. In that circumstance, suit will be for the property only. RIGHT TO CURE THE DEFAULT PRIOR TO THE 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 due, plus any late or other charges then due, reasonable attorney fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale specified in writing by the lender and by performing any other requirements under the mortgage. CURING YOUR DEFAULT IN THE MATTER SET FORTH IN THIS NOTICE WILL RESTORE YOUR MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED. EARLIEST POSSIBLE SHERIFF S SALE DATE -- date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. sale will be sent to you before the sale. increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. It is estimated that the earliest A Notice of the actual date of the Sheriff s Of course, the"amount needed to cure the default will EXHIBIT A ..-.. -_ __.._.""... .....,.." '.....n...n Contact Person: Loan Counselor EFFECT OF THE SHERIFF S SALE -- You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it, If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- Your loan mayor may not be assumable, please contact: CitiMortgage, Inc. DELRl90 02lA 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. A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED HERETO Sincerely, Collection Department If you have previously received a Chapter 7 discharge in bankruptcy, 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. . . EXHIBIT A PE:"INSYLV,~'iIA HOUSING FIN.~'iCE AGE:'IiCY HOMEOWNER'S EMERGENCY ASSISTA.'iCE PROGR-\.\1 CONSUMER CREDIT COUNSELI:'IiG AGE:'IiCIES (REV. 8/00) CLINTON COL':'HY Lycommg-Clinton Counties Commislon for CommunIty ActIon (STEP) 2138 Lincoln Street PO Box 1328 Williamsport. P...>.. 17703 (570) 326-0587 F A..X (570) 322-2197 CCCS of~ortheastem P."'. [631 South Atherton St, SUIte 100 SL3te College. PA [6801 (8[~) 238-3668 FAX (81~) 238-3669 CCCS of:\lortheastem PA 20 [ Basin Street Williamsport, P A [7703 (570) 323-6627 FAX (570) 323-6626 COll.'\IBIA COl-:'iTY 31 W Market Street POB 1127 Wilkes-Barre. PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 82[-1785 [~OO Abmgton ExecutIve Park SUite 1 Clarks Summit p,-\ 18~11 (570) 587-9163 or (800) 922-9537 FAX (570) 587-913~-9135 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre. PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1 665--(Call Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-5631--(Call Before Faxing) (570) 836-4090 Tunkhannock CRAWFORD COl-:'iTY Booker T Washmgton Center 1720 Holland Center Ene, PA 16503 (814) 453-5744 FAX (81~) 5749 Gre:ller Ene Community Action Committee 18 West 9Ut Street Erie. PA 16501 (814) 459-458 [ FA..X (814) ~56-O161 John F, Kennedv Center. Inc, 202 [ East 20Ut Street Ene, PA 16510 (814) 898-0400 FA..X (8 (4) 898-[243 Shenango Valley Crban League, Inc 60 [ Indiana Avenue Farrell, PA 1612[ (412) 981-5310 CUMBERLAND COll'iTY Financial Counseling Services of Franklin 31 West 3'. Street WaYllesboro, PA 17268 (717) 762-3285 CCCS of West em Pennsylvania. Inc. 2000 Lmglestown Road Harrisburg, P A 17 [02 (717) 541-1757 Urban League of ~letropo[iL3n Harrisburg N. 6Ut Street Harrisburg, PAl 710 I (717) 234-5925 FA.X (717) 234-9459 YWCA of Carlisle 30 I "G" Street Carlisle. PA [7013 . (717)243-3818 FAX (717)-731-9589 Community Action Comm of the Capital Region 15 14 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing ,-\uthority 139-143 Carlisle St Gettysburg, PA [7325 (717) 334-1518 F A..X 334-8326 PE:"INSYLVA.'llA BULLETIN, VOL 29, NO. 23. Jt,1'IE 5.1999 EXH\S\T A , ALL THAT CERTAIN tract of land situated in South Middleton Township. Cumberland County, Pennsylvunia. bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated May 24, 197 J. i BEGINNING at ~ point on the east side of Township Road 520, said point being 1056 feet soiJth of the. intersection' of Legislative Route 21008; thence along an unnamed alley, South 78 degrees 50 rnimites ,Ea'st 180 feet toa point at ]ancL~ now or formerly of Harvey Slone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 mirl\ltes West 80 feet to a point On the north side of another unnamed alley; thence along the north side of said alley North 78 degrees 50 minutes West 180 feet to a point on the east side of Township Road 520; thence along said Township Road. Nonh I] degrees 10 minutes East 80 feet to a point. the Place or BEGINNING."" ' HA VING erected thereon a dwelling house known as and numbered 314 Zion Road, Mount Holly Springs. Pennsylvania 17065. BEING the same premises which Richard L. Shennan and Dorcas M. Sherman. hU.'lbnnd and wife, by deed dated July 2. 1971 and recorded July 2. 1971, in the Office of the Recorder of Deeds in and for Cumberland County. at Carlisle, Pennsylvani:\, in Deed Book "D", Volume 24. Page 977, granted and conveyed to Larry L Lehmnn and Claudia 1. Lehman. husband (Ind wife. the Grantors herein. .. VERIFIC A TION MIKE FLORIAN hereby states that he is MANAGER ofCITlJvlORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification. and :har the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belid. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S, Sec. 490-+ relating to unsworn falsification to authorities. !l!Jrft~ DATE:~IASI0\ - @i ~ -,,~ _'~=-:l '.1~~ (.'jJ b '->,.-:-:. \ \'~'~ \) " ~\ 00) .:.~,:) (:-~;::::::~ ~;;:;t~ - \1\ '. ' \ ~ \"\ \1':'1 \ ,,'\ ' ,~, i" I"~, ~10 1\ ,;'" '-; , . -~'." \'0. 'i'~ ,,~t, " ~ .;~\;; ~ \ ,..,',.,~ ".;.." 1"'" ;j'o.~,...l' ': ,~:,' I., ;i ",,;:\:;>" il\'lii'$.'1I,;", ~, - 4 . .. FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215)563-7000 Attorney for plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. KENNETH R. PECK A/K/A KENNETH PECK KATERRA L. PECK Cumberland County No. 01-3393 CIVIL TERM Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. ~" Date: July 25, 2001 ------- ---------- () --- } '1J b -v , ~ ~ ------------ FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. J.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (215) 5t11-7000 ATTORNEY FORPLAmTWF JUl 3 02001 rJ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY KENNETH R. PECK AIK/ A KENNETH PECK KA TERRA L. PECK NO. 01-3393 CIVIL TERM AND NOW, this ORDER 3(~ dayof :r~ ,2001, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service ofthe Complaint on the above captioned Defendant(s) KENNETH R. PECK AlK/A KENNETH PECK AND KA TERRA L. PECK, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 314 ZION ROAD, MOUNT HOLLY SPRINGSP A17065. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. . ~ \'~~t)' \/<-.:' J. H:/Main Fonns/motions/county,comp FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. LD. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 :'I) :'101-7000 ATTORNEYFORPLAmT~F MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INe. COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY KENNETH R. PECK AIK/ A KENNETH PECK KA TERRA L. PECK NO. 01-3393 CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY, MOTION FOR SERVICE PURSUANT TO SPRCT AT, ORDRR OF COTJRT Plaintiff, by its counsel, Michele M. Bradford, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 314 ZION ROAD, MOUNT HOLLY SPRINGSP A17065 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". H:lMain Forms/motions/county,comp 3. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. ~rd'Esquire H:/Main Forms/motions/county,comp SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03393 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS PECK KENNETH R ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT PECK KENNETH R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , PECK KENNETH R UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.55 .00 10.00 .00 32.55 So an~~~ ~__~_ '~ ,~~~,~~ R/ Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 07/09/2001 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03393 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS PECK KENNETH R ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT PECK KATERRA L but was unable to locate Her In his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , PECK KATERRA L UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So an~: _/:::--~_/___'?~'/ __~ ~""p '~.~~.-::-:~ /L-~~--- ~-- R. ( Thomas Kl ine Sheriff of Cumberland County FEDERMAN & PHELAN 00/00/0000 Sworn and subscribed to before me this day of A.D. Prothonotary c.c PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 505003014 Attorney Firm: TRACK STARS Case Number: Subject: KENNETH & KA TERRA PECK A. K.A.: None Last Known Address: 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 Last Known Number: (717) 486-3791 Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator, 2, On OS/21/2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION- A. SOCIAL SECURITY NUMBER: 164-62-5949 202-66-7793 B. EMPLOYMENT SEARCH: Unable to locate a good employer for Kenneth and Katerra. C. INQUIRY OF CREDITORS: The creditors indicated that Kennth and Katerra are living at 314 Zion Road, Mount Holly Springs, Pa. 17065 with a home phone number of 717-486-3791. Kenneth and Katerra filed chapter 7 bankruptcy in March 1998 with attorney Matthew Eshelma. Case # 98-01029 with a release date of June 1998. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The home phone number for Kenneth and Katerra Peck is 717-486-3791 registered at 314 Zion Road, Mount Holly Springs, Pa. 17065. Called the home number and spoke with Katerra who confirmed she and Kenneth are both living at this address. INQUIRY OF NEIGHBORS - N/A INQUIRY OF POST OFFICE- A. NATIONAL ADDRESS UPDATE: As of May 21, 2001 the National Change of Address (NCOA) has no change for Kenneth and Katerra from last known address. MOTOR VEHICLE REGISTRATION- A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Kenneth and Katerra listed at last known address. OTHER INQUIRIES - A. DEATH RECORDS: As of May 21, 2001 the Social Security Administration has no death records on file for Kenneth and Katerra Peck under their social security numbers. " -... B. PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC, ): None Found C. COUNTY VOTER REGISTRATION: The Voters Registration Office has Kenneth and Katerra listed at last known address. ADDITIONAL INFORMATION ON SUBJECT- A. DATE OF BIRTH: Kenneth 03/66 Katerra 02/71 ~-~ AFFIANT " NOTARY SEAL II Kristi~e M. Scott, Notary Public St. LoUIs County, State of Missouri My Commission Expires 9/2/2002 ~ Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 FEDERMAN AND PHELAN ATTORNEY FOR PLAINTIFF BY: Michele M. Bradford, Esq. Atty. J.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (? 1 ") "()1- 7000 MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INe. COURT OF COMMON PLEAS vs. CIVIL DIVISION CUMBERLAND COUNTY NO. 01-3393 CIVIL TERM KENNETH R. PECK AIKJ A KENNETH PECK KA TERRA L. PECK MRMORANonM OF T ,A W Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. (Jom3Ie, v, Poli" 238 Pa. Super. 362, 357 A.2d 580 (1976), "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption ofW3lker, 468 Pa, 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriffhas been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail. ~Pectfull submitted: Mich H:/Main Forms/motions/county.comp VF.RTFTCATTON Michele M. Bradford, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of Date: Tuly h, 2001 Sec. 4904 relating to unsworn falsification to authorities. ~ I Michele M. Bradford, Esquire 18 Pa. C.S. H:/Main Forms/motions/county.comp .. .. FF/kmk FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (11 1) 101-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FORPLAmTITF COURT OF COMMON PLEAS CIVIL DIVISION Vs. CUMBERLAND COUNTY KENNETH R. PECK A/KI A KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM CRRTIFICA TION OF SRRVICR I, Michele M. Bradford, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. KENNETH R. PECK AlKI A KENNETH PECK AND KA TERRA L. PECK at: 314 ZION ROAD MOUNT HOLLY SPRINGS P A 17065 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. .1JA Date: T1l1y OJ 2001 Michele M. Bradford, Esquire Attorney for Plaintiff H:/Main Forms/motions/county.comp o L~ >= r 9J- (i;" ~ -;1 (,,)..:l . , ~ ....;...l r FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 ")) ,,)()1- 7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS INC. : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY KENNETH R. PECK AlK/A KENNETH PECK KATERRA L. PECK : NO. 01-3393 AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO Pa.R.C.P. 404(2)/40~ FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Complaint in Mortgage Foreclosure was made by sending a true and correct copy by certified mail to Defendant, KENNETH R. PECK A/K/A KENNETH PECK and KATERRA L. PECK at 314 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065 which Complaint was received by Defendant, KENNETH R. PECK A/K/ A KENNETH PECK andKATERRA L. PECK, on A U~UST h, 2001 as evidenced by the attached Return Receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: AlIEJlst 7,2001 ~ .~/ . rank Federman, squire Attorney for Plaintiff o > :z -'Q.~ ~O' enQ.3 r g ~ rtl g &; :;' Q.",~ ... - .- .- .- .- .- .- ... rtl '" = '" 2 VI .j::,. W N .- C> \0 00 -.J 0\ VI .j::,. W N .- ""I Q. L.c:: ~ 3 . 8.ii cr"" '< 0 *2> CfJ"'" * ... * * t: ::l ::l * * 3 n' 0. * *0-- !l * Q (tl ;;0....., ~ ::~~ ::~~ z "tI0~ ... 0 "' =::zt"l n &; 0... O...t"l 3 !].- ....t"lO r€~ '. C::N~ c::~~ ... L:....t':l 0 ~"tIt"l ;-3 ~ :Z0t"l ...., ~O~ > Ot"l~ -0- ~L:~ 0. "c... ::z::L: 0. t':lL:~ o .., ~ =:~::z:: ~ t'"'L: '" 0 ~ - ...., 00t'"' OO~ '" "tin O"C '" ... g ~f ~ t'"'~ . t'"'~ . .... ::Z::t"lR-o n ... t'"' "tI t'"' "tI CfJ ;;:Z",: ... '" ~ t"l ~ t"l @ en n en n J! ~ ~ =: "tI ~ "': ~ "tIt"lt"l "' >~t'"' ZS ZS ~ ::l 0. ...."tI~ L: L: ~ "C ~t'"' ~ ~ 0 ~ c> ~en en 0 1'N "tI ~ ~ ~ ~> > "tI n )- ... ....~ .... L: > .j::,.en -.J .... L: Co. S tI'l"C -.J Co. 3 ~ c c t"l ~ ~ "0 - Q'I Q'I ..., -3 Ul th t"l ~ "' =: ... ~ .... ... ... "tI .j::,. ~.:-o t"l c "C n C ... ~ .., ~ Z '" ~ 3 ... 0 "'" ;;0 ... n ... :;;. :;' Oll '-- a,~ o~ 9102'~, t''<;;-~u' A:., , \~ CI)'~" \?' -i ,-", \ " d. " "" I ~ ~;' ~y' ,,,'0/ 6',y.1N3') ~y t,-=:::~~-:':::~~ =7-~~i-=~~~~~!~ (,.../~~f .tt,r'f.\~'~'_'. '"'- /~/t:- "/~;.~." ;?/~1 _C.,Y'J':';.u' :: /... 'I)" 0'0, _\41' " '., "'" _. '._ \;:'" " ,', u >J;'.....~:;."\.",.,!:-:- I 5 U :::: 1..._ 1~b1;";4'::i.-L;, '", t~ ,,/ ...,--'~, 1 :~ '. f.:' :\~,,/. ;,.' t_,;} ~ ~ 0 :-_.._4_______.____ . ? OJ tIC " "':1 " " ~",...,.... ..II . FEDERMAN AND PHELAN BY: Michele M, Bradford, Esq. Atty, 1.0. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (715) 5ol-7000 JUL 3 0 2001 A TTORNEY FOR PLAINTIFF ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, fNC. COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY KENNETH R. PECK NKIA KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM ORDER AND NOW, this 31st day of :JLL~' 2001, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) KENNETH R. PECK A/KIA KENNETH PECK AND KATERRA L. PECK, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 314 ZION ROAD, MOUNT HOLLY SPRlNGSPA17065. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. T~UE COpy FROM RECORD In Teitlmony wher. of, I here unto set my hand and t seal of sa' C urt at Carlisle Pa I' Th' 31 \ ,. , J ............... f \ I. Y. 0 I ..:......I..~..J'..ff' '. .~,~ . .~ .. ~ ~~"" Prothonotary - BY THE COURT: /5/~),d [ ~iJ ], H:/Main Formslmotionslcounty.comp . . \ I "-----.----------........---..---. , - - .~,1r!.:~!I~~':~~ TO: KENNETH'R.PECK AIKlA KENNETH PECK 314Zl0NROAD - MOUNT HOLLY SPRINGS, P A 17065 "" SENDER: REFERENCE: 7:.<,..t.,~ ,:,-~...~~:;; ~, :,;..'i.:~\~~~;.;,~~~.~ . '-, ''-......' " ----- -- -- n c:: , s: r>a ,] r QJ r- (;~ c./j r: c..: -<. r:: '"t) ~ c~:~ ..."., C .-- ) <:-: /1_- : - -- c::: '1 /.~ ~ 51 =:2 <-::; ....., 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 PHILADELPIDA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 01-3393 CIVIL TERM KENNETH R. PECK A!K/A KENNETH PECK KATERRA L. PECK Defendant( s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KENNETH R. PECK A/K/A KENNETH PECK and KATERRA L. PECK, 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 5/1/01 to 9/7/01 TOTAL 94,364,91 2,222.67 96,587.58 I hereby certify that (1) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DAMAGES ARE HEREBY ASSESSED AS INDICATED.. ~. DATE: S'e.p+. /I d..OQ{ ~b.)~.. { PROPROTHY (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 01-3393 CIVIL TERM KENNETH R. PECK AfK/ A KENNETH PECK KA TERRA L. PECK Defendant( s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~. II 2001 . cay: 4--ro ~p~~ DEPUTY If you have any questions concerning this matter, please conta t: **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 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, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 n 1 S) Sfl1-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY KENNETH R.PECK A/K/A KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM Defendant(s) TO: KENNETH R.PECK A/K/A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 PA 17402 DATE OF NOTICE: AUGUST 27, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days fio the date of this notice, a Judgment may be entered against yo :~!!t out a hearing and you may lose your property or other im ~~' hts. You should take this notice to a lawyer at once. If t have a lawyer or cannot afford one, go to or telephone ~ollOWing office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (? 1 ';) ';01-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS , INC. COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY KENNETH R. PECK A/K/A KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM Defendant TO: KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065, PA 17402 DATE OF NOTICE: AUGUST 27, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed e~t7cnwritten appearance personally or by attorney and file in wr~~th the court your defenses or objections to the claims set 1O~ ainst you. Unless you act within ten (10) days from the date 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 ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff to FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SillTE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 01-3393 CIVIL TERM KENNETH R. PECK AIKIA KENNETH PECK KA TERRA L. PECK Defendant( s). 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 KENNETH R. PECK AlK/A KENNETH PECK is over 18 years of age and resides at , 314 ZION ROAD, MOUNT HOLLY SPRINGS, P A 17065 . (c) that defendant KA TERRA L. PECK is over 18 years of age, and resides at , 314 ZION ROAD, MOUNT HOLLY SPRINGS, P A 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. () ~ ~~ ~ ~ ~ -;::c) r- :::::: C') ~ ' ~ ~ \ It ..;t: , ~~f,1- r;-: s' ' r---. - C) o __ C rf) -0 f~: :.~j q)r,'~ ~~i r::~L, ~ ~~ C7? ~ ~ -< --.l ,- ! ':':::i ~ ..).J -< MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 01-3393 CIVIL TERM v. KENNETH R. PECK AIKJ A KENNETH PECK KA TERRA L. PECK Defendant(s). September 7, 2001 TO: KENNETH R. PECK AIK/ A KENNETH PECK KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at, 314 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $96,587.58 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff s Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe 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 ofthe 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, P A 17013 (717) 249-3166 (800) 990-9108 " All that certain tract of land situated in South Middleton Township, Cumberland County, Pennsylv~~ia, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated ~ay 24, 1971. Beginning at a point on the east side of Township Road 520, said point being 1056 feet south of the intersection of Legislative Route 2J,p08; thence along an unnamed alley, South 78 degrees' 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the north side of another unnamed alley; thence along the north side of said alley North 78 degrees 50 minutes West 180 feet to a point on the east side of Township Road 520; thence along said Township Road North 11 degrees 10 minutes East 80 feet to a point, the Place of Beginning. I.D. # 40-31-2185-041 "Deed Source: Book 108, Page 190" () c <"" -oft rnC" ~-: ..t._ ~_ ZT- r,'- ,',-, ......<) .,.,.' -<> ~~::> ~.C, .PC~ Z =< '. (~ U) r-q -:J 2:~ ~) ;;:.-; .l.-':' ~ :< j.) ~-J ,. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 01-3393 CIVIL TERM KENNETH R. PECK A/KJA KENNETH PECK KATERRA L. PECK Defendant( s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due 96,587.58 ../ Interest from 9/7/01 to 12/5/01 (per diem -15.88) . 1,413.09 and Costs TOTAL 98,000.67 Note: Please attach description of property. No. '" '-D a r- ...... ~ ~ '" r.f). c a ~ ~ ~ ~ ~ s ~ ~~ ~ ~ ~ ~~ u ~ ~ -d C R ~~ ~ ~ Q) u~ ~~ ~ ~r.f). %~ ~~ <Il ~~ ~a '" ~~ ~~ .t::J ~~ ~.s. ~ u~ ~. o~ e ~ '" ~.-1 ~~ o~ ~~ <Il ,; t~ IQ) uZ ~~ ... ~~ ~ ~s ~s ~~ p.. Ou oi: Q) ~p ~~ ~~ ~~ l s~ ~~ ~ ~~ ~~ o~ ~ U ~c ~ ~ 1 ~~ ~ Z ..... ~ ~ ~ ~? U ------- ------------------- ~ All that certain tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated ~ay 24, 1971. Beginning at a point on the east side of Township Road 520, said point being 1056 feet south of the intersection of Legislative Route 2~908; thence along an unnamed alley, South 78 degrees' 50 minutes East 180 feet to a point at lands now or for.merly of Harvey Stone; thence along lands now or for.merly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the north side of another unnamed alley; thence along the north side of said alley North 78 degrees 50 minutes West 180 feet to a point on the east side of Township Road 520; thence along said Township Road North 11 degrees 10 minutes East 80 feet to a point, the Place of Beginning. I.D. # 40-31-2185-041 "Deed Sourd~: Book 108, Page 190" p 7?Ti ~ -iq.-tA. - ~ c ~ c j-~ - - fit ~ ..t. ~t ~ - 10 o tI( ~ iQ.. J::i=-~~ ~..o!t1. '0 . , ~ 0 IF) .~~cc~o , ~ · I --L\ \' (.::::) -V <;) Or - :: :: ~ ~ -. ~ ... .....::.~b ~-~ ?1t- .--------- C" n C_.I") "':;::- r:\ -q,~!',~ -'0 Si"":' -- 0~> -- e \~> ~: ~ c, ::. ""-" C.-.' ':Pc ;;::::. :,.) ~ ..-1 FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION KENNETH R. PECK A/KIA KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM Defendant(s). 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: (X) an FHA mortgage () non-owner occupied () vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. o c S "0<;,:1,) rnp' --:7-"- .?- --'-. Z~ e/J d.-- _/ " ~~ ~ C', {f) r'iI "-0 ~;, :...,) .-J --.-) ~~; -<: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION KENNETH R. PECK AlKJA KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,314 ZION ROAD. MOUNT HOLLY SPRINGS. P A 17065 . 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KENNETH R. PECK AlK/A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 2. 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 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None -. 4. Name and address ofthe last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) CITIFINANCIAL INC. TO BE DETERMINED 5. 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 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 so indicate.) None 7. 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 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsifica . on authorities. September 7.2001 DATE ------- () C:.' : J ~~ " ~f) U CL ..".. f'T1 C',-; -C/ -? :-J: L.- 7~ C: (J) c -<:: r:: \_- ~ :t,>!lO C _. )> 0 6 t:,) c -.~'1 Z ~) "i> =< ~';! --I -- .... .. . , Mortgage Electronic Registration Systems, Inc. VS Kenneth R. Peck a/k1a Kenneth Peck And Katerra L. Peck In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3393 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned S T A YED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Postpone Sale Law Journal Patriot News 30.00 30.00 15.00 .50 1.00 25.66 7.80 15.00 15.00 1.09 10.90 20.00 214.25 169.59 $ 555.79 paid by attorney 3-07 -02 Sworn and subscribed to before me so~ ~ ~~~~~~ -u... '-1 This ~ day of ~ ,/~ , . R. Thomas Kline, Sheriff 2002, A.D. ~_b..u/l. r\....... ",1., /fJAk' (" f {I . I'L ~ L{ . 11'l..U.U_ I ....,., B yJ>ct If \J t'Y\ i t", Prothonotary Real Estate Deputy ~ , ',.'0 \. :J<.. 35'8'5 I ~ /.):; f.2A:- , ~ MORTGAGE ELECTRONIC REGISTRATION SYST:f:MS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION KENNETH R. PECK A/KJ A KENNETH PECK KA TERRA L. PECK NO. 01-3393 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., 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 .314 ZION ROAD. MOUNT HOLLY SPRINGS. P A 17065 . 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KENNETH R. PECK AlK./ A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None , T 4. Name and address of the last recorded holder of every mortgage of record: J NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) CITIFINANCIAL INC. TO BE DETERMINED 5. 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 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 so indicate.) None 7. 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 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsifica 'on authorities. September 7.2001 DATE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 01-3393 CIVIL TERM v. KENNETH R. PECK AIKJ A KENNETH PECK KA TERRA L. PECK Defendant(s). September 7, 2001 TO: KENNETH R. PECK AlKJ A KENNETH PECK KA TERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 **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 A TIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY** Your house (real estate) at, 314 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $96,587.58 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the MARCH 6,2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 ifthe 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 ifthis 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 . . ., WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-3393 CIVIL. TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Mortgage Electronic Registration Systems, Inc. PLAINTIFF(S) . Kenneth R. Peck A/K/A Kenneth Peck and Katerra L. Peck, 314 Zion Road, Mt. Holly Springs, PA 17065 from DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directedto notify hirnlherthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due B9h ~R7 ~R fram 9/7/ 1 to 12/5/01 (per diem Interest 15.88) ~1.413.09 end Costs Atty's Comm % Atty Paid $120.55 Plaintiff Paid L.L. Due Prothy Other Costs $.50 $1. 00 Date: September 11,2001 Curtis R. Long Prothonotary, Civil Division .~ (y-" p - 2. 71?;Q~Y...r----- Deputy REQUESTING PARTY: Name Address: Frank Federman, Esq. One Penn Center at ~uburban Station 1617 John F Kennedy Rn1l1pvRrr'I, Suite 1400 Philadelphia, PA 19103-1814 Plaintiff Attorney for: Telephone: 215-563-7000 Supreme Court ID No. 12248 ! . REAL E.STATE SALE No. ~'O On September 17, 2001, the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, P A, known and numbered as 314 Zion Road, ]\tIt. Holly Springs, and more fully described on Exhibit "A" filed with this writ and by Date: September 17, 2001 By: qtJiLr Srn.iif, Real Estate Deputy ~ c:'\ii1 ~ c::::::' ~ this reference incorporated herein. --1,1 r' Ii ;,1. ji, (,' 1:, (' -' ("\ Z I d3S Ai,', :/1,[,:. ,.,.... - j _~ ii J . ..", THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dau" P9ir in, Miscellaneous Book "M", Volume 14, Page 317.' / / (/ 1 PU B LICA TION .....,.,...................... ~~.!,..................................................,........ COpy S i . 19th daytf ~ve Notarial Seal ;; S ALE #40 Terry L. Russell, Notary Public /' /, ?l 7/ Harrisburg, Dauphin County ( / /l/ My Commisslo'l Expires June 6, x2U/ NOT Y PUBLIC Member, Pennsylvania Association 01 NOlaries My commission expires June 6, 2002 r 2001 A.D. REAL ESTATE SALE No. 40 Wrlt No. 2001-3393 Civil Tenn Mortgage Electronic Registration Systems, Inc. vs Ken~=R~~8 a L. Peck Ally: F nk Fedennan DESCRWTION .' ALL THAT CER" MN tract of land situated In South Middleton Township, Cumberlan~ Coun!)', Pennsylvania, , bounded and descn~ ,In accordance with a survey by Roy M. BenJamm, R.S., dated May 24,1961, . BEGINNING at a point ~ the, east Side of Township Road 520, said point ~lng ,1056 feet south of the inte~tion of Legislative Route 11lll1l/., thpncp .1ong an unnamed a1lev. South 78 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 168.09 1.50 169.59 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By........................................,........................... REAL ESTATE SALE No. 40 Writ No. 2001-3393 Civil Term Mortgage Electronic Registration Systems, Inc. vs Kennet~ R. Peck alkla Ken~eth Peck Katerra L. Peck Atty: Frank Federman DESCRIPTION ALL THAT CEKfAlN tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R,S" dated May 24,1961. BEGINNING at a point on the east side of Township Road 520, said point being 1056 feet south of the intersection of Legislative Route 21008; thence along an unnamed ailey, South 78 degrees 50 minutes East 180 feet to a point at lands now or fonnerly of Harvey Stone; thence along lands now or fonnerly of Harvey Stone, South II degrees 10 minutes West80 feet to a point on the north side of another unnamed alley; thence along the north side of said alley North 78 degrees 50 minutes West 180 feet to a point on the eastside of Township Road 520; thence along said Township Road ;'hth II degrees 10 minutes East 80 feet to a point, the Place of BEGINNING, 1.D.1M0-31-2185-041. "Deed Source: Book 108, Page 190." .ItJ . ' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA: ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 12, 19,26,2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~' /' \.....--".--- Roger . Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 ~'OTpp;~t ~::,r:,l lO~~' 1:' ,,, ',-. ,,"'- '-", ,. p, ,~lIC . ~ '!~...,. ;'~.':~4j~,h~ C:t(:d~ ,~,:..;Jl1IV "1yJ~~l1 EJ:.piraa March 5, 2005 REAL ESTATE SALE NO. 40 WI1t No. 2001-3393 Civil Mortgage ElectroniC Registration Systems, Inc. vs. Kenneth R. Peck. a/k/a Kenneth Peck and Katerra L. Peck Atty,: Frank Federman All that certain tract of land situ- ated in South Middleton Township, Cumberland County. Pennsylvania. bounded and described in accor- dance With a survey by Roy M. Ben- jamin. R.S.. dated May 24. 1971. Beginning at a point on the east side of Township Road 520, said pOint being 1056 feet south of the llltersection of Legislative Route 21008; thence along an unnamed alley. South 78 degrees 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the north side of another un- named alley; thence along the north side of said alley North 78 degrees 50 minutes West 180 feet to a point on the east side of Township Road 520; thence along said Township Road North 11 degrees 10 minutes East 80 feet to a point, the Place of Beginning, I.D. # 40-31-2185-041. "Deed Source: Book 108, Page 190." ~,,,.-" FEDERJ'v1AN Ai"ID PHELAN BY: Michele M. Bradford, Esq. Any, 1.D, #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (II')) ')()1-7000 JUl 3 0 2001 ATTORNEY FOR PLAINTIFF ()Jv'^ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COlTRT OF COMMON PLEAS CIVIL DIVISION vs. ClTNfBFRLAND COUNTY KENNETH R. PECK A/KIA KENNETH PECK KA TERRA L. PECK NO. 01-3393 CIVIL TERt\t1 ORDER AND NOW, this 3)-5t day of ::JLL.S---, 2001, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) KENNETH R PECK AlK/A KENNETH PECK AND KATERRA L. PECK, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 314 ZION ROAD, MOUNT HOLLY SPRINGSPAI7065. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. T~UE COpy FROM RECORD In TestImony wher f, I here unto set my hand and t 3 of sa' C urt at Carlisle, Pa. !' Thi ............1... f. \ I. \ ~ QJ.. ...-J.~... "'ff' . -' " ,.... Prothonotaty - BY THE COURT: /5/~Ad E ~~~~ J. H:/Main Formslmotionslcounty.comp PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 01-3393 CIVIL TERM KENNETH R. PECK AIKI A KENNETH PECK KATERRA L. PECK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $96,587.58 V Interest from 9/8/01 to DECEMBER 10,2003 (per diem -$15.88) $13,085.12 and Costs TOTAL $109,672.70 ,>/ r ~ r /!/~.~dA ' FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. $$ ~~ r-r- .-1.-1 -ttt.-ttt. ~~ ",rfi ~o ~~ ~~ rJ) ~~ ~ ~,..1 ~$ ~ ~~ O~ ~ .... ~~ ~~ 0 ~ i-l ~~ ~ G RS -d u~ <l) ~rJ) %rfi z ~"E i'$ ~ z~ z~ '" {/) ~~ ~a ~~ <l) i~ ~~ ~Q ,s:; t~ o~ ~~ ~ -ttt.. ~ ~ '" ~,..1 ~a e o~ ~~ ,;. ~~ {/) uZ ~rJ) ';io' ~a ~~ '(i) ~S ~~ ~~ ~ ~~ P- Ow s.~ ~~ -.:r-.:r <l) ~p .-1.-1 ~ o~ ~~ ~~ o~ ~i-l ~~ iIi ~~ o~ ~ U {/) <l) '$0 ~ ~ :a ~~ ~ z ~ f::A ~ ~ ~p u " 0 0 ,-, .'.; c: --;'1 .....~ u") L -c. f:., di n~; , 'Q "":-/ .-r 8~1\"-- \ (;;:! ~~,:- '-~_:~ S -r-~" .--' .' r:- '.~..~;O- -, t:f' ::S~ ." ,>r " '." ,> ,. .; ". ,... ," r: ---------------------- '7 .; /~ I' " All that certain tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated ~ay 24, 1971. Beginning at a point on the east side of Township Road 520, said point being 1056 feet south of the intersection of Legislative Route 2~908i thence along an unnamed alley, South 78 degrees' 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stonei thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the north side of another unnamed alley; thence along the north side of said alley North 78 degrees 50 minutes West 180 feet to a point on the east side of Township Road 520; thence along said Township Road North 11 degrees 10 minutes East 80 feet to a point, the Place of Beginning. I.D. # 40-31-2185-041 "Deed Sour~~: Book 108, Page 190" 7t;;~ ---0 ~~ ~ ~ ..S)~ _-....1 ~~ ~ C;- ---.. ~ ~ .\ ~ U\ ~-.n <.J' 0 . I ~ "'~----' iSJ ~ cf ~_\ ~~o~- , u <J' 3.- d\l ~ -------. -,....<- .P,------- o s: ,"" CE, ~l; ;'~ ~.-._. (;" -c' ~~; z ~;; :n :-q --0 .--. ,--J -on . C;) ~ ."~..~ s r.:- ()1 -- C0, - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION KENNETH R. PECK A/KJA KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., 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 .314 ZION ROAD. MOUNT HOLLY SPRINGS. P A 17065 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH R. PECK AlK/A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 , 2. Name and a~dress ofDefendant(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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ~ 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) CITIFINANCIAL, INC 1 VALLEY STREET, STE 103 CARLISLE, P A 17013 5. 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 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 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 indicate) Tenant/Occupant 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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. August 29.2003 DATE U/~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 0 ,-- 0 ...~,....,. <;;~ (,.;J -n :n ---~ " ; f{: ,4'1 n 0 ...---:~ (~r, ().) ~.<.'" I - :::::: :32: ,- \ " ):-- ::.~:) ,..- ':_:.1 ,- -( (j> ---.:: ----- - FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION KENNETH R. PECK A/KJA KENNETH PECK KA TERRA L. PECK NO. 01-3393 CIVIL TERM Defendant( s). 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: ' o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certific~tion is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ aJ---- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff o ~; ~~~;. --:.;.- ci~ ~l f.:: :. ~.-- -.:-':;.1 C::'.l C_....:. ~.I) " . c) o ":'1 c::::. -~ .-'- ~ (1\ ., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 01-3393 CIVIL TERM v. KENNETH R. PECK AfK/A KENNETH PECK KATERRA L. PECK Defendant( s). August 29,2003 TO: KENNETH R. PECK A/K/ A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A 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 ,c;OLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** " Your house (real estate) at. 314 ZION ROAD. MOUNT HOLLY SPRINGS. PA 17065. is scheduled to be sold at the Sheriffs Sale on DECEMBER 10. 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $96.587.58 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance witl) 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: 1. 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 ifthe 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. Y ou ~ave 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 ofthe 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 FJND OUT WHERE YOU CAN GET LEGAL HELP. ". CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 '\.. .., -/ l .i I ~ .{ I I / I All that certain tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated ~ay 24, 1971. Beginning at a point on the east side of Township Road 520, said point being 1056 feet south of the intersection of Legislative Route 2~908i thence along an unnamed alley, South 78 degrees' 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stonei thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the north side of another unnamed alleYi thence along the north side of said alley North 78 degrees 50 minutes West 180 feet to a point on the east side of Township Road 520; thence along said Township Road North 11 degrees 10 minutes East 80 feet to a point, the Place of Beginning. I.D. # 40-31-2185-041 "Deed Sour~e: Book 108, Page 190" -- --.--------------- (') C .i-:'" -::] ~'~': C)L ~7(' C/".) '~:~. -" ;i: C :t: !~-~,' >:t' -'- --~.\ -( , ' ,n -q (} (v- :!"t# ~:;) ,; r:- }j -< 0-' - -----~....--~ COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION NO 01-3393 Civil CIVIL ACTION - LAW WRIT OF EXECUTION and/or A TT ACHMENT SYSTEMS,INC. Plaintiff (s) From KENNETH R PECK a/k/a KENNETH PECK AND KATHERRA L. PECK, 314 ZION ROAD, MT. HOLLY SPRINGS P A 17065. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 314 ZION ROAD, MT HOLLY SPRINGS PA 17065 (SEE LEGAL DESCRIPTON) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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) Ifproperty 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 $96,578.58 L.L. Interest 9/8/01 TO 12/10/03 AT $15.88 per diem = $12,085.12 Atty's CommN% Due Prothy 1.00 Atty Paid $678.84 Other Costs Plaintiff Paid Date: SEPTEMBER 8, 2003 CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name FRANK FEDERMAN Address: OEN PENN CENTER @ SUBURBAN STATION 1617 JFKBLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No, 12248 , . , \ FEDERMAN AND PHELAN BY: FRANKFEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FORPLNNTIFF CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. COURT OF COMMON PLEAS CIVIL DIVISION KENNETH R. PECK A!KJ A KENNETH PECK KATERRA L. PECK NO. 01-3393 CIVIL TERM VERTFTf:A nON I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) KENNETH R. PECK A!KJ A KENNETH PECK AND KA TERRA L. PECK on SEPTEMBER S, 20m at 314 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065, in accordance with the Order of Court dated, nIT Y '11 , ?-OO 1 . The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unsworn falsificaton to authorities. 01 ;:;p--~----- FRANK FEDERMAN, ESQUIRE ATTORNEY FORPLNNTIFF DATE: October 21,2003 , -- -:'" ....,..,.-- . ~ FEDER1\tAi'\J Al'\fD PHELAN BY l'vtichele M Bradford, Esq. Any I.D #69S49 1617 John F Kennedy Boulevard Suite 1400 PhtladelphJa, PA It) 1 03-181..J. C'l 'i I 'i(} 1- i(JOO JUL 3 0 2001 r\)\1f\ ATTORNEY FOR PLAINTIFF 1I MORTGAGE ELECTRONIC REGISTRATION S YSTbvl~ , lNC. COURT OF COMMON PLEAS CIVIL DfVISION vs. CllNmFRL~'\JD COUNTY KE1'<~'ETH R. PECK A/KIA KENNETH PECK KA TERRA L PECK ;-.r0. 01-3393 CIVIL TER.\1 ORDER AND NOW, this 31st day of ::Jll...G---' 2001, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable lnvestigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) KENNETH R PECK AlK/A KENNETH PECK AND KATERRA L. PECK, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at314 ZION ROAD, MOUNT HOLLY SPRINGSPA17065. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. T~UE COpy FROM RECORD Teittmony wiler. f, I here unto set my hand d t 3 of sa' C urt at Carlisle, Pa. " ............1... f \ I. \ ~ QL,' ....-.l.:-!:-r... "'ff' . . .. .. ..... Prothonotary - BY THE COLTRT: /5/IlL1J!J [ ~~jiJ J. I.. , 71bO 3901 9848 0308 384b TO: KA TERRA L. PECK 314 ZIO]\; ROAD MOUNT HOLLY SPRINGS, P A 17065 SENDER: TEAM 2 JRL REFERENCE: PS Form 380 une Postage .37 RETURN 2.30 RECEIPT Certified Fee SERVICE Return Receipt Fee 0,00 Restricted Delivery 0,00 : Total Postage & Fees 2.67 us Postal Service POSTMARJ<OR DATE \ Receipt for f ,..."".....;~;a.... "!Ian ~(;. ...11 .... lWi .. No Insurance Coverage Provided 00 Not Use for International Mail o J 2000 71bO 3901 9848 0308 3853 KENNETH R. PECK ,-\JK/A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 TO: SENDER: TEAM 2 JRL REFERENCE: 000 PS Form 3800, June 2 .37 RETURN Postage 2.30 RECEIPT Certified Fee SERVICE Return Rec&;ipt Fee 0.00 Restricted Delivery 0.00 Total Postage & Fees 2.67 "- . us Postal Service POSTMARK OR DATE, Receipt for Certified Mail No Insurance Coverage Provided 00 Not Use for International Mail -" (~) -., 1:--' (' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION ) vs. KENNETH R. PECK A1K/ A KENNETH PECK KATERRA L. PECK ) CIVIL DIVISION ) NO. 01-3393 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. hereby verify that on September 5.2003 true and correct copies ofthe Notice of Sheriff s sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 6,2003 ~ t1e{iVdY1{JIJ F FEDERMAN, ESQUIRE Attorney for Plaintiff f '""-I ~.~ " - ~ Z C". !:: ~ ::l FDa- 0." o;l~ ,<:a, en " ::l 0. ~ ....... Vt i ~ ?d "1:l t11 (') ;:0: ~ ;1> m'"" ~ .a ~ ~ ~a t11 !~ tl- '. .,." . } cg \, ~ ~,,~'" 0_ .... -~ ~ ",7 2. --"'d ~' ~ ;<l-l ~ 0 " EO ;;:- Z " ,: ~~ ,",," o .., ~ 0 O~ al n' (; ~ " V> G5~g.~;1 8 is,;,;' ~ " ~;l;:og; _(DOac. ~a~;l'a. ::s ;.c -. n ~ 0. _. 2 ::t. iil en 3 _00 :::. ..oC.OOo N3.....,o::1 - _.t.II't ~ 0 ~:s V"I::I ~ ~g.8~~ =:: ~ "", n: '" ~.~. ~'g ~. 5''0 l ~ ~ ii1 ~ Il n'@ o cr n 0.. t:" .., n 5 Il "" g u;'~ !:i 0 ;;"-"0"= ~Nl't::t!.. ~~~~i O'i~(/) ~ 2l. m ii' O!. g ~ g; ~3tl~ ii _.V> :;l o.~~~ !.g ~~. "-~'g is ~ '0 OJ ~ a~ iii (; ~ i} ::l '!S. g;(i'~~ -gggs. _. tT1 r.n [i [~ Er ~ o';i ~ ~~. ~ il '" E a !' ::l iil ~. (/1~~3 R (') (') c " ::r _ 3 ~i;::; S' ~ Ui' ~ Ii" ~ ~'S< ::l :t.:::S (55 i~ 8~' ~~~~ ~ ~.; S!: ~ _. n ~ ~ ~ ..... .j::,. ..... w ..... N ..... ..... ..- o I,Q 00 -....I 0'\ .j::,. Vt (') =i - "T1 Z ;1> z (') :; r Z ~(') ..... w ..... .j::,. N 5 z i'O o ;1> y ~ o ~ ::r:: o t"" t"" >-<: en (1 "1:l ~ ~ t""' Cl _ ~en r./) "1:l ~~ :: -....I '"'C 0 > 8i < > t""' t""' tT1 --< r./) ..., G; tT1 :-1 r./) ..., tT1 ..... o w ..... -.l o ..... w -,~' ...... ~ -~:..~ -.. ~ ".,.1i'" . ,'. -' ~~ .. .::~' ~ w -l tr1 Z ;1> Z -l --- o (') (") sa ~ N (') o ~ ~ ~ :e tT1 >- t"" :d o "T1 ""0 ~ en >-<: ~ ~ .> I:l tr1 ""d ~ ~ ~ -l o "T1 :e t11 ~ ~ ""d o tl:l o ><: N 0'\ -....I VI ~ en tl:l c::: P ""d ;1> I:l o ~ tr1 en -l - (') ~ t"" ;1> -l ~ en o "T1 (') ~ tl:l tr1 e 8 (') o 2 -l ~>-<: ..... w Z o ~ ::r:: ::r:: ;1> z o <: tr1 i'O en -l ~ tr1 ~-l (") ~ en t"" ,}I1 ""d >- ..... -....I o t"" S' <'1> 0>2 ,""Q,,~ r:nQ,,!3 nl "" nl = ~ ~ Q,,~= ~ Q" > ::+ (iO Ii" z c 3 tT (1) .., :z .. 3 .. So > Cl. Cl. .. : .. !" 'i:l-~'TJ [~~~ ~-..J'i:lm i~g~ ;. '"rj n:> ~ " ~ z 'i:li"":a ~g;~ \O~......d o~ fq 'i:l w.....O"'::I:: '.....,c:m ;;gti-t'"" ~~~~ "'d~r:n~ ~ .... s- t'"" it ,p. =-. t'"" :"r:n8'i:l . C >-3 _. ~ (l .8 ~ tll 0 ., 0 en ~ ~ ro .. = Cl. .., !. o :I " " > Cl. Cl. .. = '1'1,... '<'0 ~~ r:6~~","'_'.'~~~'~ _~,'T__-~"':,,~~ ~>"::;'i:li.."~ -~_::::r.~~=--i]F l"frNf y H.OW(~ s C1.2CC ...__? 'jS 20C;3 _.\1.::PC:JCE i ,,--,..""--"~_.., ------ -c~ I~; c/? -~.... ':- C:', ~:,.-:~ " ~% :'S c:' r~ -.... :,.,) .. <;0 ----------- Mortgage Electronic Registration Systems, Inc. VS Kenneth R. Peck aJk/a Kenneth Peck And Katerra L. Peck In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 200 (-3393 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Law Library Prothonotary Law Journal Patriot News Share of Bills 30.00 10.27 15.00 15.00 8.28 15.00 30.00 1.00 200.30 169.84 28.90 $ 523.59 paid by attorney 12/18/03 Sworn and subscribed to before me So Answers: This 30 E-- day of ~ r~~"'~~' Gu, C "'v. , At" . R. Thomas Kline, Sheriff 2003, A.D. nu-- _1~, ~ JrvtLl"<:"""';~ Prothonotary BY ReaIE~~:D~;;y . \.00 (:,h. lJ '6 l cD () " .~q, JI 8 Lu..,' ,..,!:> MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION KENNETH R. PECK A!KIA KENNETH PECK KA TERRA L. PECK NO. 01-3393 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., 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 .314 ZION ROAD. MOUNT HOLLY SPRINGS. PA 17065. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH R. PECK A/KJ A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 KATERRA L. rECK "' ~ 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 2. Name and a9aress ofDefendant(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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None i. 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) CITIFINANCIAL,INC 1 VALLEY STREET, STE 103 CARLISLE, PA 17013 5. 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 indicate) None 6. Name and adaress 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 plaintiff has knowledge who has any interest in the property whi'ch may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify tliat 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 29. 2003 DATE uu ------ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff i ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 01-3393 CIVIL TERM v. KENNETH R. PECK AIK/ A KENNETH PECK KATERRA L. PECK , Defendant(s). August 29, 2003 TO: KENNETH R. PECK A/KJ A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A 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 TOpOLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** , I ~ Your house (real estate) at. 314 ZION ROAD. MOUNT HOLLY SPRINGS. PA 17065. is scheduled to be sold at the Sheriffs Sale on DECEMBER 10. 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $96.587.58 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance witlJ;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: /; ), 1. Tpe sale will be cancelled if you pay to the mortgagee the back payments, late charges, c'bsts and reasonable attorney's fees due. To find out how much you must pay, you may c~ll: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the i~dgment, if the judgment was improperly entered. You may also ask the Court to p~stpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. . , [" You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the'amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. " ~. 5. Y ou ~ave the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff ~ves 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 I this schedule unJess 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 aft~r the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER dR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. o CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 " "1' . /; I ~ll that certain tract of land situated in South Middleton ~ownship, Cumberland County, Pennsylvania, bounded and described .n accordance with a survey by Roy M. Benjamin, R.S., dated ~ay ~4, 1971. leginning at a point on the east side of Township Road 520, said )oint being 1056 feet south of the intersection of Legislative ~oute 2~908; thence along an unnamed alley, South 78 degrees' 50 unutes East 180 feet to a point at lands now or formerly of Carvey Stone; thence along lands now or formerly of Harvey Stone, routh 11 degrees 10 minutes West 80 feet to a point on the north :ide of another unnamed alley; thence along the north side of :aid alley North 78 degrees 50 minutes West 180 feet to a point ,n the east side of Township Road 520; thence along said 'ownship Road North 11 degrees 10 minutes East 80 feet to a ,oint, the Place of Beginning. .D. # 40-31-2185-041 Deed Sour~~: Book 108, Page 190" - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3393 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff (s) From KENNETH R PECK a/k/a KENNETH PECK AND KATHERRA L. PECK, 314 ZION ROAD, MT. HOLLY SPRINGS PA 17065. (1) You are directed to levy upon the property of the defendant (s )and to sell REAL ESTATE LOCATED AT 314 ZION ROAD, MT HOLLY SPRINGS PA 17065 (SEE LEGAL DESCRIPTON) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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) Ifproperty 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 hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $96,578.58 L.L. Interest 9/8/01 TO 12/10/03 AT $15.88 per diem = $12,085.12 Atty's CommN% Due Prothy 1.00 Atty Paid $678.84 Other Costs Plaintiff Paid Date: SEPTEMBER 8, 2003 CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name FRAl'l"K FEDERMAN Address: OEN PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 Real Estate Sale # 40 On September 11, 2003 the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, P A known and numbered as 314 Zion Road, Mt. Holly Springs, more fully described on Exhibit "A" Date: September 11, 2003 By: Jt)ctuR^A; ~ Real Es~aQ ~'e~;; , ~ c:v;l c:u:i1 c::::::s ~ G=\@ filed with this writ and by this reference incorporated herein. V I id ti /... ..., ' C' .. J . , , " ,. \ I" ~ '"" 1,) ., d "f .OJ ,- '-' - 1 ;1.:1 - t .~ , , fO. Hd 9fJ Z 6 d3S .{lNI1C .. .," ,;J.:I1~3H~ :; " '<."irlno v HlJ. 30 ]Q/;J.:JO THE . '. THE PATRIOT NEWS SUNDAY PATRIOT NEWS I Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and~ Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #40 REAL ESTATE SALE No. 40 Writ No. 2001-3393 Civil Term Mortgage Electronic Registration Systems, Inc. Vs Kenneth R. Peck aJkIa Kenneth Peck and Katerra Peck. Atty: Frank Federman DESCRIPTION, . ALL THAT CERtAIN tract of land situated m South Middleton Township, Cumberlan~ County, Pennsylvania, bounded and descnbe~ ,10 accordance with a survey by Roy M, Benjamm, R S dated May 14, 1971. , BEGINNING at a point on the east sIde of Township Road 520, said point ~ing .1056 feet south of the intersection of lAglslal1ve Route 21008; thence along an unnamed alley, Sou~ 78 degrees 50 minutes East ISO feet to a pomt at lands now or fQnnerly of HarveyHStone; ~ence Publisher's Receipt for Advertising Cost along lands now or fonnerly of arvey tone, So~th Ilthdegreerths I,Od minfuatesnothV/lereus~:tal%y~ :0., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general pomton eno Sl eo . ' thence along the north side of said a1ley.Northth78 jge receipt of the aforesaid notice and publication costs and certifies that the same have deFs 50 minutes West 180 feet to a pomt on e east side of Township Road 520; thence .a1ong said Township Road North II degrees 10 mmutes East 80 feet to a point, the Place of BEGINNING, !.D. #40-31-2185-041. Deed Source: Book 108, Page 190. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 169.84 By.................................................,.................. . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 40 ---- Writ No. 2001-3393 Civil Mortgage Electronic Registration Systems, Inc. vs. Kenneth R. Peck, a/k/ a Kenneth Peck and Katerra Peck Atty.: Frank Federman All that certain tract of land situ- ated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with a survey by Roy M, Ben- jamin, R.S., dated May 24, 1971. Beginning at a point on the east side of Township Road 520, said point being 1056 feet south of the intersection of Legislative Route ?100,R. thpnr>p -::.lnr-\ri <:.on n..............~...........Q.r1 it or N TO AND SUBSCRIBED before me this 31 day of OCTOBER. 2003 L SEAL LOIS E. SNYDER, Notary Public Carlisle Bora. Cumberland County My Commission Expires March 5. 2005 , .A PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, v. No. 01-3393 KENNETH R. PECK, A!K/ A KENNETH PECK KA TERRA L. PECK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due *' 0\ Interest from 9/11~ to SEPTEMBER 8, 2004 (per diem -$15.88) $96,587.58 $17,372.72 and Costs TOTAL $113,960.30 ~~~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. f t ~ d 1~A ja- 11 t ~n \;; (1- ,- ~ LL! (.) f.i: !_i_ o j "......, i1:.i , is: Uc! .L- 1-- tl._ c-;; o =, <:''-4 r-~ o~ ~>- ~~ ~~ ZZ OZ ~t: ~ ,. O~ UZ r-~ 00 U ~~ ~~ 8; ~~ fo-'~ ~;;I U o ~'-- f'':'::;: o :;.- ""'",-... ~~- .. (5 11I11I 'l>'l> 00 t-t- .-I .-I << =-=- rJ1rJ1 ~~ ZZ ;; =-=- rJ'JrJ'J ~~ ~~ ~~ ~ 00 U Z ==== ~ 0 fo-'fo-' =- ~ zz == fo-' ~;;I -d . ;;I Il) U fo-' U 00 ~ U~ ~ ~'C:i' ~~ Z~ en ~ X '"' ~~ Z '" Il) OrJ'J Zu ~ a ,D ~~ ~~ r- Q ~ o~ ~~ fo-'~ <~ ~ s ut; fo-' '"' 2~ ;~ ZZ en ~~ ~ riJ. <~ 00 Q) ~rJ'J ~ ~Z ... ~~ NN ~~ p,.. ~9 ~~ ~~ Q) ot: .-I .-I ~ C3~ ~S r- Q ~~ ~6 en ~ 1 ~fo-' ~ =- en ~ Q) o~ == u ~ .!d ~~ fo-' ~ Q) ~ A ~ .- ~ ....... Z ~ Z =- ~ -J:- . ~~-:: r::fJ \ i .. ~d .. r- , J -;1: ~ 3 J -I- ::r-4 ~c:o o ~. -J j ri. ~ - - - .... " .... ... ... .... .. .... .. .. ... .. .. ... ... ... ... ... ... - .. ... ... . ~ ~ lIJ - V, N) , t OV)~tr" Jo,J() ~~o\'"~~,?q 0 lJ) N . ~ r?~~ lI)~ ~f"')~~c::r -- I c-ll ~ (--0 rl. r( - "(} a ~~ ~ - . - ",. "-9- -,,,,,".-...~.,-",,"-- . ' . 4, ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated May 24, 1971. BEGINNING at a point on the East side of Township Road 520, said point being 1056 feet South of the intersection of Legislative Route 21008; thence along an unnamed alley, South 78 degrees 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the North side of another unnamed alley, thence along the North side of said alley North 78 degrees 50 minutes West 180 feet to a point on the East side of Township Road 520; thence along said Township Road, North 11 degrees 10 minutes East 80 feet to a point, the Place of BEGINNING. HAVING erected thereon a dwelling house known as and numbered 314 Zion Road, Mount Holly Springs, Pennsylvania 17065. T~TLE TO SAID PREMISES IS VESTED IN Kenneth R. Peck and Katerra L. Peck husband and WIfe by Deed fr~m Larry L. Lehman and Claudia J. Lehman, husband and wife dated 7/1/94 and recorded 7/8/94 III Record Book 108 Page 190. TAX PARCEL #40-31-2185-041 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3393 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., Plaintiff (s) From KENNETH R. PECK, A/KJA KENNETH PECK AND KATERRA L. PECK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $96,587.58 L.L. Interest FROM 9/11/01 TO 9/8/04 (PER DIEM - $15.88) - $17,372.72 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1227.43 Plaintiff Paid Other Costs Date: MAY 10, 2004 (Seal) CURTIS R. LONG Prothono~ () C-yyJ. ~~l' ~~ ~"'(~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION KENNETH R. PECK, AIK/A KENNETH PECK KA TERRA L. PECK NO. 01-3393 Defendant(s). 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: o 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 unsworn falsification to authorities. ~~'~QJlJ'N.Of'L FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -----------' o ~-- ':.:-::: ,~.."-------- ~ (:;;.' .,C"" .-or ~~ ......" ....--. -'., -~ ----~~,. - ~ .....4 :r:-n ,"ne: _,,--tf"f1 ;~~~~), (.~ tl1 ':::::\ ~:;:~ ...:... o p' ~ - - o -- (\)G\ V IN RE: ll~ TlJE lJ'NITED STATES BAl'Uffi.UPTCY COLTRT FOl IE MIDDLE DISTRICT OF PENNSY: ~'lA Kenneth R. Peck alkJa Kenneth Peck Katerra L. Peck Bk. No. 1 03-07241-:\'lDF Chapter No. 13 Debtors Mortgage Electronic Registration Systems, Inc. 11 D.S.C. 9362 Movant v. I"fLfD -,- ~,.,., l~... . l.M.. Kenneth R. Peck alkJa Kenneth Peck Katerra L. Peck ''0 Respondents ORDER MODIFYING 9362 AUTOMATIC STAY AND NOW, this 1/ ~y of m~ ,2004, upon Motion of Mortgage Electronic Registration Systems, Inc., (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under ~362 of the Bankruptcy Code 11 U.S.c. ~362 is modified with respect to premises 314 Zion Road, Mount HoUy Springs, PA 17065, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises and ORDERED that Rule 4001(a)(3) is not applicable and Mortgage Electronic Registration Systems, Inc. may immediately enforce and implement this Order granting relief from the automatic stay. L /81 MARY D. FRANCE ..lJ-,s.Bankruptcy Judge cc: Judith T. Romano, Esquire One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 Charles J. DeHart, ill, Esquire (Trustee) P.O. Box410 Hummelstown, P A 17036 James K. Jones, Esquire 7 Irvine Row Carlisle, P A 17013-3019 Kenneth R. Peck Katerra L. Peck 314 Zion Road Mount Holly Springs, P A 17065 of""'~--'~-_...Jo FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. LD, #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 ')) ')()1-7000 JUL 3 02001 ATTORNEY FOR PLAINTIFF ~ MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. COURT OF COMMON PLEAS CIVIL DIVISION vs. ClJMBERLAND COUNTY KENNETH R. PECK NKJ A KENNETH PECK KA TERRA L. PECK NO. 01-3393 CIVIL TERM ORDER AND NOW, this 31st day of :JLL~' 2001, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) KENNETH R. PECK A/KJA KENNETH PECK AND KA TERRA L. PECK, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 314 ZION ROAD, MOUNT HOLLY SPRINGSPA17065. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing, T~UECOPYFROMRECORD In Teitlmony wher: f, I here unto set my hand and t ~ of sa' C urtat Carlisle, Pa. / Thi ............1... f.. ~ I. \ y. 0, I . :.....1......:1,. "ff' "~,,~ ". "" ". ~ , Prothonottry- - BY THE COURT: /s/r3Lad [ ~~Jo J. H:ilv1a.in Formslmolions/county,comp MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION KENNETH R. PECK, AfK/ A KENNETH PECK KATERRA L. PECK NO. 01-3393 Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., 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. 314 ZION ROAD. MOUNT HOLLY SPRINGS. P A 17065. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH R. PECK, A/KJA KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 K.A TERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) CITIFINANCIAL, INC. 1 VALLEY STREET, STE 103 CARLISLE, P A 17013 5. 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 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 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 indicate) Tenant/Occupant 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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. May 6, 2004 DATE ~fl~o.Ju~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff o ~; ~ = => .r:- -'" .- --' ~... o -n -- :r-,',' ::2 -'n r:ir=: -orn ~~!1..7 :;.H~ ~ I,.-n ;~~~ "-';':t c:: E.,~ ....L'" C> ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 01-3393 v. KENNETH R. PECK, A/KIA KENNETH PECK KA TERRA L. PECK Defendant(s). May 6, 2004 TO: KENNETH R. PECK, A/K/ A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 KA TERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A 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 A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 314 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $96,587.58 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (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: 1. 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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, P A 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated May 24, 1971. BEGINNING at a point on the East side of Township Road 520, said point being 1056 feet South of the intersection of Legislative Route 21008; thence along an unnamed alley, South 78 degrees 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the North side of another unnamed alley, thence along the North side of said alley North 78 degrees 50 minutes West 180 feet to a point on the East side of Township Road 520; thence along said Township Road, North 11 degrees 10 minutes East 80 feet to a point, the Place of BEGINNING. HA VING erected thereon a dwelling house known as and numbered 314 Zion Road, Mount Holly Springs, Pennsylvania 17065. T~TLE TO SAID PREMISES IS VESTED IN Kenneth R. Peck and Katerra L. Peck, husband and wIfe by Deed fr~m Larry L. Lehman and Claudia J. Lehman, husband and wife dated 7/1/94 and recorded 7/8/94 III Record Book 108 Page 190. TAX PARCEL #40-31-2185-041 ,.;.;.' o r-~ :2 ,..." c:::> c::> ..r;:- o -n ~..,., h',-- ::c;\~ ~~ -~ -;':Jf'o ..~ '" -~.. o ?: ~. o "-:-:.. 'D ~ Mortgage Electronic Registration Systems, Inc. VS Kenneth R. Peck a/k/a Kenneth Peck and Katerra L. Peck In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3393 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Poundage Levy Surcharge Prothonotary 30.00 1.52 15.00 30.00 1.00 $ 77.52 paid by attorney 06/18/04 Sworn and subscribed to before me ~<:..,An7rs: y.#, . 9- ?""~.r~ ThIS .u AA-' day of '{ u' , .,-, R. Thomas Kline, Sheriff 2004, A.D. "- fr1-- Q fhdj~ ~ BY J Jntlt~ Prothonotary Re~te Depnty ~ I. (J'D UG '-I (,202.- f2u.... I Y).. '{ D 3 , " MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS,INC. CUMBERLAND COUNTY # Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION KENNETH R. PECK, A!K/ A KENNETH PECK KATERRA L. PECK NO. 01-3393 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., 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. 314 ZION ROAD. MOUNT HOLLY SPRINGS. PA 17065. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH R. PECK, A/K/A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None .; 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) CITIFINANCIAL, INC. 1 VALLEY STREET, STE 103 CARLISLE, P A 17013 5. 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 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 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 indicate) Tenant/Occupant 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 6, 2004 DATE ~fttictVu~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, No. 01-3393 v. KENNETH R. PECK, A!KI A KENNETH PECK KA TERRA L. PECK Defendant(s). May 6, 2004 TO: KENNETH R. PECK, A!KI A KENNETH PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, P A 17065 * *THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TJON OBTAiNED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREV70USLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFiRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAiNST PROPERTY. ** Your house (real estate) at, 314 ZION ROAD. MOUNT HOLLY SPRINGS. PA 17065. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8. 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $96.587.58 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (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: 1. 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated May 24, 1971. BEGINNING at a point on the East side of Township Road 520, said point being 1056 feet South of the intersection of Legislative Route 21008; thence along an unnamed alley, South 78 degrees 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the North side of another unnamed alley, thence along the North side of said alley North 78 degrees 50 minutes West 180 feet to a point on the East side of Township Road 520; thence along said Township Road, North 11 degrees 10 minutes East 80 feet to a point, the Place of BEGINNING. HA VING erected thereon a dwelling house known as and nwnbered 314 Zion Road, Mount Holly Springs, Pennsylvania 17065. T~TLE TO SAID PREMISES IS VESTED IN Kenneth R. Peck and Katerra L. Peck, husband and Wife by Deed fr~m Larry L. Lehman and Claudia J. Lehman, husband and wife dated 7/1/94 and recorded 7/8/94 III Record Book 108 Page 190. TAX PARCEL #40-31-2185-041 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3393 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., Plaintiff (s) From KENNETH R. PECK, AJKJA KENNETH PECK AND KATERRA L. PECK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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 $96,587.58 L.L. Interest FROM 9/11/01 TO 9/8/04 (PER DIEM - $15.88) - $17,372.72 AND COSTS Atty's Comm % Due Pro thy $1.00 Atty Paid $1227.43 Plaintiff Paid Date: MAY 10,2004 Other Costs CURTIS R. LONG (Seal) pmthon~ ~ "-By: ~ --- [J- ~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #26 On June 10, 2004 the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, P A Known and numbered as 314 Zion Road, Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 10, 2004 rl\t,.l~~~,l t c:~lN3d v i Ii\; J \ . 1 ~ ". r" ~8~ ~IJ Ln Z\ Ot lV" ~!~!t,,,v" ...Jf'ii13 :j.;ij}e~\tq~ ~1~ .lJi0 .,fj~j4.J1JIQ ByJnvLuA )"/1~ /1L Real E;t~eDep~ I ~ ~ ~ ~