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02-4967
GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF COUNTRYWIDE ttOME LOANS INC. 7105 Corporate Drivc PTX B-35 Plane, TX 75024-3632 Plainti[~ THOMAS J. BILGER TONYA S. BILGER Mortga§or(s) and Real Owner(s) 223 Cocldeys Drive Mechanicsburg, PA 17055 DeJkndant(s) 1N THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term Ne. CO CIVIL ACTION: MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU Wll,I, BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. LEGAL SERVICES INC 8 Ir~ine Row Carlisle, PA 17013 717-243-9400 AV[SO A N I FM AND iD( ) \ l ~STED EN L~, CORqE SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTEU RI!SPONUA I)ENTP.() Ill 2O ])IAS DESPU ES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOG ADO, RI (iISTRE CON L\ (ORII! EN FORMA ESCRITA, EL PUNTO DE V[SIA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA, RI!('I/ERD[: S[ [ ~S I Il) Nil I~I!PONDE A ESTA DEMANDA, SE PUEDE FROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOIIl:l(' \ RI(), DI('I[)iR A [ \VI )R [)El. DEMANDANTE Y REQUER[RA QUE USIED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. PeR RAZON DE ESA DECI~IUN, ES POSSIBIA! el q! [ S I ID PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECIIOS IMPORTANTES. I [IVE ESTA DEM \ND \ ,'x [!N ABOGADO IMMED[ATEAMENTE S N NO( I \1 N \IIO(;,\DO I.I.AME Al "LAWYER REFERENCE SERVICE' (SERVICIO DE REFERENCIA DE ABOGADOS), (215)238-6300. CUM[IERLAND COUNTY BAR ASSOCIATION lEGAL SERVICES 1NC 8 Irvine Row Carlisle, PA 17013 717-243-9400 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiffis COUNTRYWIDE HOME LOANS 1NC., 7105 Corporate Drive, PTX B-35 Plano, TX 75024-3632. The name(s) and address(es) of the Defendant(s) is/are THOMAS J. BILGER, 223 Cockleys Drive, Mechanicsburg, PA 17055 and TONYA S. BILGER, 223 Cockleys Drive, Mechanicsburg, PA 17055, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On July 30, 1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COUNTRYWIDE HOME LOANS INC., which mortgage is recorded in the Office of the Recorder of Dceds of Cumberland County as Book 1561 Page 503. The mortgage has not been assigned unless said assigmnent to the Plaintiff is hereafter mentioned. These documents are matters of public record and are incorporated herein by reference in accordance with Pe~msylvania Rule of Civil Procedure 1019(g). 4. Thc premises suhject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due April 01,200I, and each month tbereafler are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon arc collcctible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest fi'om 03/01/2001 through 10/31/2002 at 7.8750% Per Diem interest rate at $23.98 Attorney's Fee at 5.0% of Principal Balance Late Chargcs from 04/01/2001 to 10/31/2002 Monthly late charge amount at $39.72 Costs ol'suit and Title Search Escrow Monthly Escrow amount $146.76 $111,145.79 $14,627.80 $5,557.29 $754.67 $750.00 $132,835.55 $0.00 $132,835.55 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, xvill be collected in the event cfa third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior 1o the Sale reasonable Attorney's Fees will be charged based on work actually performed. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of I998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Dcfendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. .WHEREFORE, Plaintiffdemands judgment in mortgage foreclosure in the sum of $132,835.55, together with interest at the rate of $23.98, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with thc tcm~s of the mortgage, and for the foreclosure and sale of the mortgaged premises. ATTORNEY FOR PLAINTIFF VERIFICATION I, Michael D. Vestal, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are tree and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: Micha¢~l~'//~ COUNTRYWIDE HOME LOANS INC. 02 03:~3~ First American ~tle Insurance Company Commitment No. 850959 SCHEDULE C All ~A? ~ . ~r~ o~d Comtu~n~l ~ ,t~ ...... ,...._, , ' ,hi I~ COn.iV agOZ~SZ~O a~ a point on ~he 8o ' "* *. ' ' ~or~ La~s; thenoe b~ ~h~ S~.;~.. ~l~e.ng~e/nafter acid Plan, Sout~ ~'~,~*~ozng line between ~'~:.?~!,~ ree~ to a BB~G ~o~ NO. g '~n the Plan of ~o~s of ~pae/ou$ Aa~oa, S ; ~ I Countr,, ide* HOME LOANS P.O Box260599 At:gust 8, 2002 Thomas J Bilger 223 Cockley$ Drive Mechanicsburg, PA 17055-0000 Certified Mail No. Retum Receipt Requested Regular Mail Account No.: 2066986 Ptopef~y Address: 22 kleys Drive EXHiBiT ~de Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notlc~ that tl,~ mortceae on Your home Is in default, and the lender intends to fore{;10r, n, Soeclflc Information about the nature of the default is orovlded In the attached n~*-- The HOMEOWNER'S EMERGENCY MORTGAGE A~SISTANCE PROGRAM (NEMAPI may be able to helb to sav~, vour home. This Notice exolalce how the oroamm w0r~, TO see if HEMAP can helD. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 3[I DAyS OF THE DATE OF THIS NOTICE, Take this Notice with You when yea mast with the Counseling Agency. The names, addresses and ebons numbers of Consumer CmdB Cn!me~!!nq Acleneles serving voar County ar~ listed at the end of this Notice. If you have any QUeStiOns. VOU may cat1 the PennsvlvanM Housing Flna.~_,- ACMnCV tog-free at 1-800-342.2397. (Persons with Imoeired hearino can call 1-717-780-1869.) Th~s Notice contains important legat )ntormatioo. B you have any quest[ons~ representatives at the Consumer Credit CounselMg Agency may be able to help answer them. YOU may also want to contact an attorney in your area, The Iocat bat association may be able to be]p you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANClA~ PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIOH OBTENBA UNA TRADUCCI(~N INMEDIATAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NOMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PR~STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDtDA DEL DERECHO A REDIMIR SU HIPOTECA, HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM '(OU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHI(~R CAN SAVE YOUR HOME FROM FORECLOSURF AND ~IELP YOU MAKE FUTURE MORTGAGE PAYMENT~ IF YOU COMPLY WiTH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS~ AND JF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. conntrl~vide P.O, Box 860694 Dal~as, TX 75266-0694 206698670018089961808996 ) Country ide- HOME LOANS Send Correspondence P.O. BOX 2605ee August 8, 2002 Thomas J Bilger 1008 E Simpson St Mechanicsburg, PA 17055-3465 Dallas, TX 7~265.0894 Certified Mail No. Return Reeeipt Requested Regular Mail Account No.: 2066986 Properly Address; 223 Cockleys Drive Mechanicsburg, PA 17055-0000 Current Servicer: Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to held to sa: ~ ~To see if HEMAP can helD. you must MEET WR'H A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when you meet with the Counsellne Acenov. Aclencv toll-free at 1-800-342-2397. (Persons with lmrJaired hearlno can call 1-717-780-1869.) Credit Counseling Agency may be able to help answer them. You may also want to contact an attorney In your LA NOTIFICACI~N EN ADJUNTO ES DE SUMA IMPORTANClA, PUES AFECTA SU DERECMO A CONTINUAR VIVIENOO EN SU CASA. SI NO COMPRENOE EL CONTENIDO DE ESTA NOTIFICACI(~N OBTENGA UNA ~iRNADUCCI~N INMEDIATAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING CARGOS AL NOMERO MENCIONAOO ARRIBA. ,UEDE SER ELEGIBLE PARA UN PRE~STAMoFINANCE AGENCY)PoR EL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR BU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURF AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS, IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 O'HE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELiGtBILtTY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. Ceuntrywlde P.O. ~,ox 660694 Dallas. TX 75266-0694 206698670018089961808996 I~Counbl/wide' HOI~E LOANS PO. Box 260599 August 8, 2002 Tonya S Bilger 223 Cockleys Drive Mechanicsburg, PA 17055-0000 Cedifled Mall No. Return Receipt Requested Regular Mail Account NO.: 2066986 Property Address: 223 Cockleys Drive Mechanicsburg, PA 17055-0000 Currem Servicer: Countywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortamze on your home Is In default, and the lender intends to forecI=-- HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM Counbywlde P.O. Box 660694 Dallas, TX 75266-0694 206698670018089961808996 Count jwide· I-{ OldIE LOANS Send Correspondence to: P O. Box 26~599 Piano, TX 7502~-059e August 8, 2002 Tonya S BIIger 1009 E Simpson St Mechanicsburg, PA 17055-3465 Cedifled Mall No. Return Receipt Requested Regular Mall Account No,; 2066996 PrOperty Address: 223 Ccckleys Ddve Mechanlcsbar§, PA 17055-0000 Current Servicer: Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortasoe on your home Is In default· and the lender intends to Soeclflc information about the nature of the default Is orovlded in the aflached oe~:' - The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP} may be able to helD to ea~ TO see if HEMAP carl hals. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN Aaencv to9-frso at 1-800-342-2397. (Persons with Imcelred haarina can call 1-717-760-1669.) LA NOTIFICACl0N EN ADJUNTO ES DE SUMA IMPORTANClA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTiFIC~.Cl6N OBTENGA UNA TRADUCCIt~N INMEDIATAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY} SIN CARGOS AL NOMERO MENCIONADO ARRIBA, PUEDE SER ELEGIBLE PARA UN PRI~STAMO POR EL PROGRAMA LLAMADO "ROMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAN $U CASA DE LA PERDIDA DEL DERECRO A REDIMiR SU HiPOTECA, HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR ROME FROM FORECLOSI~i-i~ AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF'BEING ANLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBiLiTY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY· Countermine P.O. Box 660694 Dallas, TX 79266-0994 206698670018089961808996 _TEMPORARY STAY OF FORECL0~URE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage 10r thidy-five (35) days from the date of this Notice, During that time you must arrange and attend a '1sca-to. face" meeting with one of the consumer credit counseling agencies listed at the en(J of lhfs Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT f35) DAYS. tF YOU DO NOT APPLY FOR EMERGENCY MORTGAGF ASSISTANCE, YOU MU~T BR!N _G 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 DATR. CONSUMBR CREDIT C(~UNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed al the end of this notice, the lender may NOT take act[on against you for thirty-five (35) days after the date of this meeting. The names, addresses an(J ~elechone numbem of destenated consume~'credlt counsellno aoencJes for COLmtV in which the creDedv is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your ~ender Immediatstv of your Intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your modgage is in rtefauit for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) Jf you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners Emergenc~ Mortgage Assistance Program. To do sc, yog must flit out, sign and itle a completed Homeowner's Emergency Assistance Program Application w~th one of the designated consumer credit counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies have appllcaitons for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-five (35) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU PAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LE3-1'ER, FORECLOSURE MAY PROCEED AGAINS~ YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. .AGENCY ACTION - Available funds for emergency mortgage assistance are ve~ limited. They will be disbursed by ~he Agency unrter the stlgibllity criteria established by the Act. The Pennsylvania Housing Finance Agency has slxb/ (60) days to make a decision ~tter if receives yoc¢ appllcagon. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You wilt be notiflert directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS HOTICE IS FOR INFORMATION PURPOSES ONLY AND SHODLD NOT BE CONSIDERED AS AN A'I'TEMPT TO COLLECT THE DERT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF TNE DEFAUI,T ~ Countrywide Home Loans Servlclno LP. (hereinafter "Countr,/~vide") se~vlcas your home loan. Your home loan is in serious default because you have not made your required payments, The total amount now required to reinstate your home loan as of the date of this le6er Is as follows: ~Mo~Paymems: $964,00 $16,388,00 Lale Ch~r~; $38,5§ $616.96 Other Chaises: Uncollecled Late Cha~ges: $1,085.00 Uncollected TOTAL DUE: $18,088.96 PAYMENT INSTRUCTIONS Please ROW TO CURE THE DEFAULT - You may cure this default within THIRTY-FIVE (35) DAYS of the date of this letter, by paying to us the above amount of $18,089.g6, plus any sddltionst monthly payments, lata charges, fees and other applicable charges which may fall due during this peded. Such payment must be in the form of codified check, cashier's check ar money order, and made payable to Countywide at P.O. Box 660694, Dallas, TX 75266-0694. if your check er other payment is returned to us for insufficient funds or for any ether reason, you will not have cured your default. NO extension of tfme to cure will be granted due to a returned payment. 6 you do not cure thls dafault Within THIRTY-FIVE (35) DAYS, we will accelerate the payments due on your home loan. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off your home loan in monthly Installments. If the full paya~ent df the amount in dofault is not made wit h[n THIRTY-FIVE (35) DAYS, we also intend to immediately start a lawsuit to foreclose on your mortgaged properly. IF THE MORTGAGE IS FORECLOSED UPON - ff the mortgage Is foreclosed, the mortgaged property will be sold by {he Sheriff to pay off the mortgage debt. It the default is cured before we begin legal proceedings, Counttywlde will be entitled fo collect the reasonable attorney's fees aatually incurred, up to $50.00. However ff legal proceedings are started, Count~JWida wit~ be eat[tied to coltect the reasonable attorney's fees even if they ara over $50,00. Any attorney's lees will be added to the secured debt, which may also Include our reasonable costs. If you cure the default within lhe THIRTY-FIVE (35) DAY period, you will not be required to pay attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON- EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER REMEDIES - The lander may also sue you personally for the unpaid princlpat balance and all other sums due under the modgage. RIGHT TO CURE THE DEFAULT PRIOR TO FORECLOSUR~ SA! F - If you have not cured the default within the THIRTY-FIVE (35) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up fo one hour before the foreclosure sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees aed costs conneCted with the foreclosure sale and any other costs connected w6h the foreclosure sale as specified In writing by the lender and by pedorming any other requirements under the moffgage. Curing your default In the manner set forth In this noffce wig restore your mortgage to the same posttt on as if you had never defaulted. EARLIEST POSSIBLE FORECLOSURE SALE DATF - It is estimated that the earliest date that a foroslosure sale could be held w(]uld be approximately six (6) meaths lrom the date of this letter. A notice of the date of the foreclosure sale will be sent to you before the sale, You may find cut at any time exactly what the required payment will be by calling us at the following number: 1-800-669-4578. This paymeat must be In the form of a coshrer's check, certified check or money order and made payable to us at the address stated above, if the default is cured, the mortgage will be restored to the same position as if no datault had occurred. However, the default may nat he cured more than three (3) times in any calendar year. HOW TO CONTACT THE LENDER= Name of Lender: Countrywide Home Loans Servicing LP Address= P. O. Box 10221 Van Nuys, CA 91410-0221 Phone Numbsr~ 1-80C-669-4~78 F~umber: 1-805-~77-3432 Contact Persdd; Theresa Jackson, MS SV-34 Attention: Loan Counselor EF.FECT OF FORECLOSURE SAI F - You should realize tbst a. foreclosure sale will end your ownership of the modgaged properly and your right to remain In it. If you continue to live In the prepe,'iy after the Sherltl~e sale, a lawsuit to remove you and your furnishings and other belongings could be staded by Colla~3'w~[~e at any time. ASSUMPT~ - Contact Coaatt'~'wl(ie [~o]ae ]boa]as tar [nformatlon on the possible assumability of your loan. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING rNSTJTUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THiS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Pursuant to your home loan documents, and because the home loan is in default Countrywide may at its option, enter upon and conduct an inspection of ha properly. The purpose of this ospestlon is to observe the physical c(~ndifion of the property, to verify that the property Is occupied and/er to determine the Identity of the occupant. The cost of any such Inspection will be added to and become pad of the secured debt as provided under the terms of the home loan documents. il you are unable to cure your default on or before September 12, 2002, Countpjwlde wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your properly. For example: ~avment Plan: It Is possible that you may he eligible for some form of payment assistance through Count~JWide. Our basic plan requires that Countrywide receive, up front, at least ~ of the amoOst necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular rnoofhly payment, over a defined period et time. Other repayment plans also are avai~ble. Loan Modification: Alternatively, It ~s possible that the regular mostitly payments can be lowered through a modification of the loan by reducing fha interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types. ;~ale of Your Proaert~: AlteraagveJy, If you are willing to sell your home In order to avoid foreclosure, It is possible that the sale of your home can be approved through CountpjwJde even if your home Is wodh less than what is owed on It, Deed-in-Lieu: Alternatively, if your property Is free from other liens or encumbrances, and Il the default is due to a serious flnanclst hardship whtch Is beyong your control, you may be eligible to geed your property directly to the Nateholder and avoid the foreclosure sale. If you are Interested in discussing foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will determine, in its sole discretion, whether such assistance will be extended to you. in the meantime, Countrywide wllI pursue all of its rights and remedies under the home loan documents and as permitted by law, unless it agrees otherwise In writing. Please be advised that failure to bring the home loan current or to enter into a wrliten agreement as outlined above will result in the acceleration of the debt. 'rime is of the essence. Should you have any questions concerning this notice, please contact Countrywide's office immediately at 1-800-669-4578, extension 7149. Theresa Jackson Loan Counselor 1-800-669-4578, extension 7149 Please be advised that this communication is from a debt collector. SHERIFFIS RETURN CASE NO: 2002-04967 p COHMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS IRC VS BILGER THOMAS J ET AL REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BILGER THOMAS J the DEFENDANT , at 2034:00 HOURS, at 1008 E SIMPSON STREET on the 23rd day of pctober _, 2002 MECHANICSBURG, PA 17055 HARVEY BILGER, FATHER by handing to a true and attested copy of COMPLAINT - MORT PORE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this L ~ day of ~ ~ ~.b A.D. / ~rothonot ary So Answers: R. Thomas Kline 10/24/2002 GOLDBECK M~ By: mepuEy Sheriff SHERIFF'S RETURN - CASE NO: 2002-04967 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS IRC VS BILGER THOMAS J ET AL REGULAR RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BILGER TONYA S the DEFENDANT at 2046:00 HOURS, on the 23r~ day of October at 237 E MAIN STREET #2 MECHANICSBURG, PA 17055 BP~ANDON DAUGHERTY, SON by handing to a true and attested copy of COMPLAINT - MORT FORE together with 2002 and at the same time directing His attention to the contents thereof. Sheriff,s Costs: So Answers: Docketing 6.00 Service 6.90 ~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 22.90 Sworn and Subscribed to before me this ~ day of A.D. ' Prothonotary ~ 10/24/2002 By :__ ~f In the Court of Common Pleas of Cumberland County COUNTRYWIDE HOME LOANS 1NC. 7105 Corporate Drive PTX B~35 Piano, TX 75024-3632 vs. THOMAS J. BILGER TONYA S. BILGER (Mortgagor(s) and Record Owner(s)) 223 Cockleys Drive Mechanicsburg, PA 17055 Plaintiff Defendant(s) No. 02-4967 CIVIL TERM PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against THOMAS J. BILGER and TONYA S. BILGER by default for want of an Answer. Assess damages as follows: Debt $133,549.59 Interest- 03/01/2001 to 11/22/2002 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. ~s to be entered and to his attorney of record, if any after the default occurred~' filing of th s praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph/ Attorr~ I.D. AND NOW ! certify that written notice &the intention to file this praecipe was mailed or delivered to the party against whom judgment ~ siri°r t° tile date °f the ,[o; '-~~, 4 4,tgo~ , Judgment is entered in favor of COUNTRYWIDE HOME LOANS 1NC. and against THOMAS J. BILGER and TONYA S. BILGER by default for want of an the abo . Answer and damages assessed in sum of $133,549.59 as per the ~ertificati~on Prothonotary~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 VS. THOMAS J. BILGER TONYA S. BILGER (Mortgagor(s) and Record owner(s)) 223 Cockleys Drive Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4967 CIVIL TERM ORDER FOR JUDGMENT Please enter Judgment in favor of COUNTRYWIDE HOME LOANS INC., and against THOMAS J. BILGER and TONYA S. BILGER for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date o£service of the Complaint, in the sum of $133,549.59. Joseph g Attorney I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is COUNTRYWIDE ttOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 and that the name(s) and last known address(es) of the Defendant(s)/s/are TIIOMAS J. BILGER, 223 Cockleys Drive Mechanicsburg, PA 17055 and TONYA S. BILGER, 223 Cockle s Drive Mej~nicsburg, PA 17055; GOLDB ~K MeCATI~t ~TY & McKEEVER BY: Jose ~ A. Goldl~e/cl, Jr. Attorney ~r Plaintif~ ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $111,145.79 Interest from 03/01/2001 through 11/22/2002 $15,155.36 A~omey's Fee at 5.0000% of principal balance $5,557.29 Late Charges $794.39 Costs of Suit and Title Search $750.00 Escrow Balance Deficit $146.76 ($0.00) $133,549.59 GOLD BY: Jose Attorney ~r Plaiotiff~/ Y & McKEEVER AND NOW, this o~/t~ day of :j~ ,2002 damages are assessed as above. Pro Prothy VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, THOMAS J. BILGER, is about unknown years of age, that Defendant's last known residence is 223 Cockleys Drive, Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers, and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: ~l VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, TONYA S. BILGER, is about unknown years of age, that Defendant,s last known residence is 223 Cockleys Drive, Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the of the Soldiers, and Sailors, Civil Relief Action of 1940 and its Amendments. provisions Congress of Date: THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: November 13, 2002 TO: TONYA S. B1LGER 237 E. Main Street #2 Mechaincsburg, PA 17055 COUN'I~YWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. THOMAS J. BILGER TONYA S. BILGER (Mortgagor(s) and Record Owner(s)) 223 Cockleys Drive Mechanicsburg, PA 17055 TO: TONYA S. BILGER 237 E. Main Street #2 Mechaincsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-4967 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENIER A WRI'I-IEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215q527-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU YVILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: THOMAS J. BILGER 237 E. Main S~xeet #2 Mechanicsburg, PA 17055 DATE OF THIS NOTICE: November 13, 2002 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 vs. THOMAS J. BILGER TONYA S. BILGER (Mortgagor(s) and Record Owner(s)) 223 Cockleys Drive Mechanicsburg, PA 17055 TO: THOMAS J. BILGER 237 E. Main Street #2 Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4967 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT PdGHTS. 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: ~__~7~ 10 i ~C~INC BG~Idbeck, Jr., Esq. ro~r~C~l~c~ Ey ER Aaomey for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: THOMAS J. BILGER 1008 E. Simpson Street Mechanicsburg, PA 17055 DATE OF THIS NOTICE: November 13, 2002 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. THOMAS J. BILGER TONYA S. BILGER (Mortgagor(s) and Record Owner(s)) 223 Cockleys Drive Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE TelTn No. 02-4967 CIVIL TERM TO: THOMAS J. BILGER 1008 E. Simpson Street Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. 1F 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: B~seph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-I322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: November 13, 2002 TO: TONYA S. BILGER 1008 E. Simpson Street Mechanicsburg, PA 17055 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. THOMAS J. BILGER TONYA S. BILGER (Mortgagor(s) and Record Owner(s)) 223 Cockleys Drive Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Ternl No. 02-4967 CIVIL TERM TO: TONYA S. BILGER 1008 E. Simpson Street Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT W1THIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: TONYA S. BILGER 223 Cockleys Drive Mechanicsburg, PA 17055 DATE OF THIS NOTICE: November 13, 2002 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. THOMAS J. BILGER TONYA S. BILGER (Mortgagor(s) and Record Owner(s)) 223 Cockleys Drive Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE TL~Trl No. 02-4967 CIVIL TERM TO: TONYA S. BILGER 223 Cockleys Drive Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: BG]~../~ldbeck, Jr,, Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. lndepemdence Mall East Philad¢Iphia, PA 19106 215-62%1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: THOMAS J. BILGER 223 Cockleys Drive Mechanicsburg, PA 17055 DATE OF THIS NOTICE: November 13, 2002 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. THOMAS J. BILGER TONYA S. BILGER (Mortgagor(s) and Record Owner(s)) 223 Cockleys Drive Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-4967 CIVIL TERM TO: THOMAS J. BILGER 223 Cockleys Drive Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FiND OUT WHERE YOU CAN GET LEGAL HELP: Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Rule of Civil Procedure No. 236 - Revised 1N THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS 1NC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. No. 02-4967 CIVIL TERM THOMAS J. BILGER TONYA S. BILGER (Mortgagors and Record Owner(s)) 223 Cockleys Drive Mechanicsburg, PA 17055 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TItE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothongtary By ~ / Depu~ If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. THOMAS J. BILGER TONYA S. BILGER Mortgagor(s) and Record Owner(s) 223 Cockleys Drive Mechanicsburg, PA 17055 Plaintiff Defendant(s) 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4967 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 03/01/2001 to 11/22/2002 at 7.8750% (Costs to be added) $133,549.59 GOLDB~& McKEEVER BY: Jose ~1~ A._Goldbec)f, Jr./ Attorney for Plaintiff [ WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AND Rule 3257 COUNTRYWIDE HOME LOANS 1NC. 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 THOMAS J. BILGER TONYA S. BILGER 223 CockIeys Drive Mechanicsburg, PA 17055 Commonwealth of Pennsylvania: VS. In the Court of Common Pleas of Cumberland County No. 02-4967 CIVIL TERM WRIT OF EXECUTION (MORTGAGE FORECLOSURE) County of Cumberland To the Sheriff of Cumberland County,_Pennsyivania To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: PREMISES: 223 Cockleys Drive Mechanicsburg, PA 17055 See Exhibit "A" attached AMOUNT DUE Interest From 03/01/2001 Through 11/22/2002 $133,549.59 (Costs to be added) Dated: Prothonotary, Common Pleas Court of Cumbcrland County, Pennsylvania Deputy Z .< 0 © 0 ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, LYING AND BEING IN THE TOWNSHIP OF UPPER ALLEN IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLy DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERN LINE OF COCKLEYS DRIVE AT THE NORTHEAST CORNER OF LOT NO. 10 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY THE SOUTHERN LINE OF COCKLEYS DRIVE, NORTH 44 DEGREES 42 MINUTES EAST, EIGHTY-EIGHT (88) FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOTS NOS. 8 AND 9 ON SAID PLAN, SOUTH 45 DEGREES 18 MINUTES EAST, ONE HUNDRED TWENTY-FIVE (125) FEET TO A POINT; THENCE BY LAND OF GRANTHAM WATER COMPANY, SOUTH 44 DEGREES 42 MINUTES WEST, EIGHT-EIGHT (88) FEET TO A POINT, THENCE BY THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON SAID PLAN, NORRTH 45 DEGREES 18 MINUTES WEST, ONE HUNDRED TWENTY-FIVE (125) FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOT NO. 9 IN THE PLAN OF LOTS OF SPACIOUS ACRES, SECTION 5, WHICH PLAN IS OF RECORD IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 19, AT PAGE 90. PARCEL NO. 42-31-2151 Goldbeck McCafferty & McKeevcr BY: 3oseph A. Goldbcck, Jr. · Attorney I.D. #16132 Suite 500 -The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS 1NC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. THOMAS J. BILGER TONYA S. BILGER (Mortgagor(s) and Record Owner(s)) 223 Cockleys Drive Mechanicsburg, PA 17055 Defendant(s) 1N THE COURT OF COMMON PLEAS of Cumberland Couoty CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOS~ No. 02-4967 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 COUNTRYWIDE HOME LOANS 1NC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property lo~:ated at: 223 Cockleys Drive Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): THOMAS J. BILGER 223 Cockleys Drive Mechanicsburg, PA 17055 TONYA S. BILGER 223 Cockleys Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: THOMAS J. BILGER 223 Cockleys Drive Mechaoicsburg, PA 17055 TONYA S. BILGER 223 Cockleys Drive Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PNC BANK, NA 2730 Liberty Avenue Pittsburgh, PA 15222 PNC BANK, N.A. ******AWAITING ADDRESS******* PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enfomement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 22, 2002 E~~~]f GOLDB & McKEEVER BY: Josepl~ ~. Goldbecl~/Jr/, Esq. Attorney fo~ Plaintiff ~ I 02-4967 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.# 16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. THOMAS J. BILGER TONYA S. B1LGER Mortgagor(s) and Record Owner(s) 223 Cockleys Drive Mechanicsburg, PA 17055 Defendant(s IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-4967 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. TttIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIIAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BILGER, THOMAS J. THOMAS O. BILGER 223 Cockleys Drive Mechanicsburg, PA 17055 Your house at 223 Cockleys Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $133,549.59 obtained by COUNTRYWIDE IIOME LOANS INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TIIIS SIIERIFF*S SALE To prevent this Sheriffs Sale you must take inmrediate action: 1. The sale will be cancelled if you pay to COUNTRYWIDE HOME LOANS 1NC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 02-4967 CIVIL TERM 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU tIAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE Iq, ACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 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 Ihe Shcriff of 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your honse will be filed by the Sheriffthirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving thai money. The money will be paid out in accordance with this schedule unless exccptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days aflcr the schedule ofdistribmion is filed. 7. You may also have other righls and dcfenscs, or ways of getting yonr house 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 TELEPIIONE TIlE OFFICE LISTED BELOW TO FIND OUT WItERE YOU CAN GET LEGAL IIELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Average Carlisle, PA 17013 LEGAl, SERVICES INC 8 h'vine Rmv Carlisle, PA 17013 02-4967 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. THOMAS J. BILGER TONYA S. BILGER Mortgagor(s) and Record Owner(s) 223 Cockleys Drive Mechanicsburg, PA 17055 Defendant(sl IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-4967 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. TIIIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIIAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: B1LGER, TONYA S. TONYA S. BILGER 223 Cockleys Drive Mechanicsburg, PA 17055 Your house at 223 Cockleys Drive, Mechanicsburg, PA 17055 is scheduled to be sold at SherifFs Sale on Wednesday, March 05, 2003, at 10:00 AM, in Commissioners Ilearing Rm 2nd FL Courthouse to enforce the court judgment of $I33,549.59 obtained by COUNTRYWIDE IIOME LOANS INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE AB1,E TO PREVENT THIS SHERIFF'S SAI,E To prevent this Sherif£s Sale you must take immediate action: 1. The sale will be cancelled if you pay to COUNTRYWIDE IIOME LOANS INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 02-4967 CIVIL TERM 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriffof 717-240-6390. 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 the Sheriff of 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At lhat time, the bnyer 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 thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the schedule of distribation is filed. 7. You may also have other rights and defenses, or ways of getting your house 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 I1ELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 Jospeh A. Goldbeck, Jr. At torney I.D. # 16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7 105 Corporate Drive PTX B-35 Plano, TX 75024-3632 VS. THOMAS J. BILGER TONYA S. BILGER Mortgagor(s) and Record Owner(s) 223 Cockleys Drive Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 02-4967 CIVIL TERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff'has complied with all the provisions of the Act. Attom~gf//for plainti~ ;VRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4967 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC. Plaintiff(s) From THOMAS J. and TONYA S. BILGER, 223 COCICLEYS DR., MECHANICSBURG PA 17055. (i) (2) of You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 223 COCKLEYS DR., MECHANICSBURG PA 17055 (SEE ATTACHED LEGAL DESCRIPTION). You are also directed to attach the property of the defendant(s) not levied upon in the possession 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 $~33,549.59 Interest FROM3/1/01 TO 11/22/02 ~ 7.8750% Atty's Comm % Arty Paid $134.80 Plaintiff Paid Date: DECEMBER 2, 2002 L.L. $.50 Due Prothy $1.00 Other Costs (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - THE BOURSE BLDG. I 11 S. INDEPENDENCE MALL, EAST PHILADELPHIA PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 CURTIS R. LONG Protho~t6tary GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. THOMAS J. BILGER TONYA S. BILGER Mortgagors and Record Owners 223 Cockleys Drive Mechanicsburg, PA 17055 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 024967 CIVIL TERM CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office/~ta,#~'~'~ult (eeizy cf :z~..x-:. :..".:.zi~c~). I~-fi ~/~ ((~I Certified mail by Joseph A Goldbeck, Jr (original green Postal return receipt attached). · ' og ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, B~Y: Joseph ~. Goldbeck, Jr. , A, flt6'rney foi Plaintiff "~ /eft tn - -;l? fOrm ~^ back ,~ ~ ngnt ~ '" ,~11 O~ '~UNA~ SFo.~c ~ND a"' · 'YOu d~ ~e a~x . .g to frn ~ uy n .... mCle~ ~ ~u not,. ue~ee* th-want this re* · 'uaress, edge of ,. ,,u return re- ~elPt postm~., ~'~ receipt office s~- elpt in ~,- gUm~e, 'naiipiec~ uo rec~;~, ~ice Wi ~ ~,UCe to ~- u edge ~, ~, and ~.~ ~'~ ZRuo~/e~reseni ~ . U~dhe ,~c¢ iLLu. q~.yogr mail~,,¢. [his Wilt ~ I ~ T/ON) 'uenteror Post" / GOLDBECK McCAFFERTY & McKEE~ER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 vs. THOMAS J. BILGER TONYA S. BILGER Mortgagors and Record Owners 223 Cockleys Drive Mechanicsburg, PA 17055 Plaintiff Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-4967 CIVIL TERM SUPPLEMENTAL AFFIDAVIT PURSUANT TO RUI,E 3129 COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 223 Cockleys Drive Mechanicsburg, PA 17055 1.Name and address of Owners or Reputed Owners: THOMAS J. BILGER 223 Cockleys Drive Mechanicsburg, PA 17055 TONYA S. BILGER 223 Cockleys Drive Mechanicsburg, PA 17055 2. Name and address of Defendants in the judgment: THOMAS J. BILGER 223 Cockleys Drive Mechanicsburg, PA 17055 TONYA S. BILGER 223 Cockleys Drive Mechanicsburg, PA 17055 3. Name and last known address of every jui:lginent breditor whose judgment is a record lien on the property to be sold: PNC BANK, NA 2730 Liberty Avenue Pittsburgh, PA 15222 PNC BANK N.A. 539 S. 4th Avenue Louisville, KY 40202 PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 5, 2003 COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF CUMBERLAND .~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Veterans Affairs is the grantee the same having been sold to said grantee on the 5th day of March A.D., 2003, under and by virtue of a writ Execution issued on the 2nd day of Dec, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 4967, at the suit of Countrywide Home Loans Inc against Thomas J Bilger & Tonva S is duly recorded in Sheriff's Deed Book No. 257, Page 4344. IN TESTIMONY WHEREOF, I have hereunto set my hand said office this day of , A.D. 2003 ~ff~ ~~ ~RecorderofDeeds~ ~t0/o~amm ~ rr. al~ ~I~t ¥'e~f~ ~ 4~' 81108 Countrywide Home Loans Inc. VS Thomas J. Bilger and Tonya S. Bilger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4967 Civil Term Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on December 16, 2002 at 2:36 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Thomas J. Bilger, by making known unto Theresa Bilger, mother of defendant, at 1008 E. Simpson St., Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on December 16, 2002 at 2:42 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Tonya S. Bilger, by making known unto Brandon Bilger, adult son of defendant, at 237 E. Main Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Vaierie Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 06, 2003 at 5:46 o'clock P.M., she posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Thomas J. Bilger and Tonya S. Bilger located at 223 Cockleys Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Thomas J. Bilger by regular mail to his last known address of 1008 E. Simpson Street, Mechanicsburg, PA 17055. This letter was mailed under the date of January 13, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Tonya S. Bilger by regular mail to her last known address of 237 E. Main Street, Mechanicsburg, PA 17055. This letter was mailed under the date of January 13, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 5, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck for Secretary of Veterans Affairs. It being the highest bid and best price received for the same, Secretary of Veterans Affairs of 5000 Wissahickon Ave., Philadelphia, PA 19144, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $735.30, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 14.41 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 21.39 Certified Mail 4.65 Levy 15.00 Surcharge 30.00 Law Journal 251.45 Patriot News 207. l 9 Share of Bills 25.21 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 735.30 Sworn and subscribed to before me So Answers: Sheriff ~r(~o~o t~~~no__~ . R. Thomas Kline, 2003, A.D. 3%it/ Real Estate' Deputy Real Estate Sale # 37 On December 9, 2002 the sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA known and numbered as 223 Cockleys Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 9, 2002 Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 bus[ness 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 Sundav 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 January and the 4th and 11th day(s) of February 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 A L E #37 Notadal Se"a' / l/.~ x ..., / f/i . My Commission Expires June 6, 2006 ~ ~ N O,~'ARY PUBLIC ivtember, Penns,~var~aAssocia~onOfNota~es My commission expires June 6, 2006 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 $ 205.44 $ 1.75 $ 207.19 Publisher's Receipt for Advertising Cost Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general tledge receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. 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 Joumal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 31, FEBRUARY 7, 14, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general cimulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL E~TATE ~ NO. 37 Writ No. 2002 4967 Civil Countrywide Home Loans, Inc. vs. Thomas d. Bilger and Tonya S. Bflgcr Atty.: doseph Goldbeck. dr. SHORT DESCRIPTION ALL THAT CERTAIN tract or par cel of Imld and premises, lying and being in the Township of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania. more particularly described as fol- lows: BEGINNING at a point on the southern line of Coekleys Drive at the northeast corner of Lot No. 10 on the hereinafter mentioned Plan of Lots; thence by the southern line of Cockleys Drive. North 44 degrees 42 minutes East, eighty-eight feet to a point; thence by the died lng line between Lots Nos. 8 and 9 on said Plan, South 45 degrees minutes East, one hundred twenty five {125) feet to a point: thence by land of Grantham Water Company, South 44 degrees 42 minutes West, eight-eight (881 feet to a point, thence by the dividing line between Lots Nos. 9 and 10 on said Plan, North 45 degrees 18 minutes West. one hun dred twenty-five (125) feet to a point, the place of beginning. BEING LOt No. 9 in the Plan of Lots of Spacious Acres, Section 5, which Plan is of record in the Cumberland County Recorder's Of rice in Plan Book 19, at Page 90. TAX PARCEL //42-31 2151. PROPERTY ADDRESS: 223 Cockleys Drive. Mechanicshurg, PA 17055. IMPROVEMENTS: A residential dwelling. SOLD AS THE PROPERTY OF: Lisa Made Co~/0?Editor AND SUBSCRIBED before me this 14 day of FEBRUARY, 2003 southern line of Cockleys Drive at the northeast corner of Lot No. 10 on the hereinafter mentioned Plal~ of Lots; thence By the southern line of Cockleys Drive. North 44 degrees 42 minutes East, eighty eight feet to a point; thence by the divid- ing line between Lots Nos. 8 and on said Plan, South 45 degrees 18 minutes East, one hundred twenty- five (125) feet to a point; thence By land of Grantham Water Company. South 44 degrees 42 minutes West, eight-eight (881 feet to a point, thence by the dividing line between Lots Nos. 9 and 10 on said plarl, North 45 degrees 18 minutes West, one hun dred twenty-five (125) feet to a point, the place of beginning. BEING LOt No, 9 in the Plan of Lots of Spacious Acres, Section 5, which Plan is of record in the Cumberland County Reeorder's Of- fice in Plan Book 19, at Page 90. TAX PARCEL #42-31-2151. PROPERTY ADDRESS: 223 Coekleys Drive, Mechanicshurg, PA 17055. IMPROVEMENTS: A residential dwelling. SOLD AS THE PROPERTY OF: THOMAS J. BILGER and TONYA S. BILGER.