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Home My WebLink About00-02696 ~ , . 1 SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-02696 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS BARR DAVID A 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 BARR DAVID A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , BARR DAVID A DEFENDANT DAVID A. BARR IS DECEASED AS PER GEORGIANN BARR, HE PASSED AWAY ON 1-25-00. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 6.00 .00 5.00 10.00 .00 21.00 ;;q~ R.vThomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 06/05/2000 Sworn and subscribed to before me this 'I t:e. day Of~ .ltnro A.D. (I.. L-" Q.. Ivvt~.-, .~ p~hbnotary ~-~" . . ~" '-i, SHERIFF'S RETURN - REGULAR CASE NO: 2000-02696 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS BARR DAVID A WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARR GEORGI ANN the DEFENDANT , at 0019:55 HOURS, on the 2nd day of June 2000 at 252 E. CRESTWOOD DRIVE APT B-8 CAMP HILL, PA 17011 by handing to GEORGIANN BARR a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 So Answers: ~~'lrt:~~ R. Thomas Kline 06/05/2000 FEDERMAN & PHELAN Sworn and Subscribed to before me this '7 'Ib day of (f,u_:J4zfl:> ::. D. ~,. (l ~.(h~ ~ othonotary By: wJL~~ Dep Sheriff ,-.... ~- L. -''ii, . 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 COURT OF COMMON PLEAS CIVIL DIVISION BANK OF NEW YORK, AS TRUSTEE 5373 WEST ALABAMA, SUITE 600 HOUSTON, TX 77056 TERM Plaintiff NO. OD - ;;2.bq~ Gu~L ~~ v, CUMBERLAND COUNTY DAVID A, BARR GEORGIANN BARR 1842 STERRETTS GAP AVENUE CARLISLE, P A 17013 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, nit" tile ' We hereby ce., . , : ... b a "'ue an,-, ,,,i,th\n to e "'"h "' "I e CO.ff?(':. ~~~~ ~f record f'nUln~:i.\ ~!.1;;",~ ''''10 O\".lr-:~ At-g ~ ..CI pM' 1\\ 1''''\ !. '""" ",., [~I"DF:, .,M"'."' CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 '/' TRUE COpy FROM RECORD In TestimOnY whereof, 1 here unto Sit my hand ~... ~ of... ~.a~i.sIe'Pa,'." '-- ~O~D~P V1n~~ onotary Loan #: 7361462 ~ .. - I.~ " - '~"; 1. Plaintiff is BANK OF NEW YORK, AS TRUSTEE 5373 WEST ALABAMA, SUITE 600 HOUSTON, TX 77056 2, The name(s) and last known addressees) of the Defendant(s) are: DAVID A. BARR GEORGIANN BARR 1842 STERRETTS GAP AVENUE CARLISLE, PAl 70 13 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3. On 1/26198 mortgagor( s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1429, Page 404. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same, 4, The premises subject to said mortgage is described as attached, 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/1199 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," "-' 1- ". ~~ lk'J 6, The following amounts are due on the mortgage: Principal Balance Interest 9/1/99 through 4/1/00 (Per Diem $17.41) Attorney's Fees Cumulative Late Charges 1/26/98 to 4/1/00 Cost of Suit and Title Search Subtotal $84,716,76 3,725,74 4,000,00 180.42 550,00 93,172.92 Escrow Credit Deficit Subtotal TOTAL 000 862,00 862,00 $94,034,92 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P,S. ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10, The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with 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 snm of $94,034,92, together with interest from 4/1/00 at the rate of$17.41 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff :IV ~ ~i ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: March 23, 2000 FORECLOSURE TO: David A. Barr 1842 Sterretts Gap A venue Carlisle, PA 17013 Georgiann Barr 1842 Sterretts Gap Avenue Carlisle, P A 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A TTE\IPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN ",ND 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 ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the morrgage on your home is in default and the lender intends to foreclosure, 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 DA TE OF THIS NOTICE, Take this Notice with you when you meet the Counseling Agenc\'. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. I[vou have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-34c-c~q7. (Persons with impaired hearing can call (717) 780-1869), This Notice contains importam legCll infonnation. IfYOll have any questions, representatives at the Consumer Credit Counseling A~ency may be able to help explain it. You may also wantto contact an attorney in your area, The local bar association may be able to help you find a lawyer. LA NOTlFlCACION EN ADJL~TO ES DE SUMA IMPORTANClA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO E~ SLT CASA. SI NO COMPRENDE EL CONTENlDO DE ESTA NOTIFICACION OBTENGA L'~A TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYL V ANIi\ HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PLEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA FERDlDA DEL DERECHO A REDIMAR SU HIPOTECA. STA TDIENTS OF POLICY HOMEOWNER.S NAME(S): David A, Barr and Georgiann Barr PROPERTY ADDRESS: 18.t2 Sterretts Gap Avenue - Carlisle, PA 17013 LOAN ACCT. NO,: 6125358 ORIGINAL LENDER: America's Wholesale Lender CURRENT LENDERlSERVICER: Litton Loan Servicing, LP EXHIBIT A - -- L" - HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MA Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOL: COMPL Y WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE .'ACT'"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HA VE A REASONABLE PROSPECT OF BEING ABLE TO PA Y YOUR MORTGAGE PA YMENTS. AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSI~G FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled toa 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 this 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 DEF AUL T" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirt, (30) davs after the date of this meeting. The names, addresses and telephone numbers of 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 lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSIST ANCE- Your mortgage is in a default for the reasons set forth later in this Notice (see 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 counsding agencies listed at the end of this Notice. Only consumer credit counseling agencies have applic:1tions for the program and they will assist you in submitt\ng a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDlA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application, During that time. no foreclosure proceedings will be pursued against you it' you have met the time requirements set forth above, You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application, NOTE: IF YOU ARE Cl'RRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) EXHIBIT A 1- ~" HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NA TURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 1842 Sterretts Gap Avenue - Carlisle. PA 17013 IS SERIOUSLY IN DEFAULT because: A, VOL' HA VE NOT MADE MONTHL Y :-'IORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start End: 10/1/99 thru 3/1/00 at $745.00 per month, Monthly Payments Plus Late Charges Accrued $4.650.42 NSF: $0,00 Inspections: $75,00 Other: $0,00 (Suspense): $0,00 Total amount to cure default $4,725.42 8, YOU HA VE FAILED TO TAKE THE FOLLOWI01G ACTIONS (Do not use if not applicable): N,'A HOW TO CURE THE DEF AUL T.. Y au may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOLi'iT PAST DUE TO THE LENDER, WHICH IS $4,725.42, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Pavments must be made either by cash, cashier's check. certified check or monev order made payable and sent to: FEDERMAN AND PHELAN, Suite 900,Two Penn Center Plaza, Philadelphia, PA 19102. attention: Reinstatement Department. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use ifnot applicable.) NA. IF YOU DO NOT CURE THE DEFAUL T.lfyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgage propert\,. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriffto pay off the mortgage debt. If the lender refers your case to its attorneys. but you cure the delinquency before the lender begins legal proceedings against you. you will still be required to pay the reasonable attorney's fees that were actually incurred. up to S50,OO. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00, Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs, If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES.. The lender may also sue you personally for the unpaid principal balance and all other sums due under the ll1ot1gag~, RIGHT TO CURE THE DEFAUL 1 PRIOR 10 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 an\' time up to one hour before the Sheriffs Sale, You may do so bv paying the total amount then past due. plus anv late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing bv the lender and bv oerforming any other requirements under the mortgage. Curing 'your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EXHIBIT A -,~ .. - "'! EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice, A notice of the actual date orthe Sheriffs Sale will be sent to you before the sale, Of course. the amount needed to cure the default will 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, HOW TO CONTACT THE LENDER: Attorney Representing Lender: FEDERMAN AND PHELAN Suite 900, Two Penn Center Plaza, Philadelphia, PA 19102 Phone: (215) 563-7000 Fax Number: (215) 563-5534 Contact Person: Phyllis Levin, Reinstatement Department EFFECT OF SHERIFF'S SALE. Y au should realize that a Sheriffs 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-You may or_X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments. charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOLi MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN N[ONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HA VE THIS DEFAULT Cl'RED 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 NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR,) . TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUlT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION C'-<DER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COU,SELlNG AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, FEDERMAN AND PHELAN Cc: Litton Loan Servicing. LP I TX) Attn: Lucy Herrada Account No,: 6[25358 Mailed by I" Class mail and by certified :Vlail No: Z-215-964-839,840 a<HIBIT A ~ ~ - " Pe~nsylvania Housing Finance Agency Homeowner s Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5199) CLINTON COL'"NTY CCCS ofNor..l:le3Stern F~ 1631 S .-\thertcn St . Suite 100 State College, FA 16801 (81~) 238-3668 F.>,;{ (814) 238-3689 L~ ' -1""" ~_mlng ...4lX1UJQ Counties Commission "'0 C ' 2138 J:.incoln sr. ommWllt'j A.:tion (STEP) P. 0, Box 1328 tree. (WiSE10L::uns3 !lOr:. PA 17703 , ) 25-<lS87 F.o\.1: (570) 322.2197 20CCCS oOlol'"'_"e3Ster::l Po\. 1 Basin St:-eet - (WiS~10U)'3'lU!lOn, PA 17703 J 23-0027 FA.1: (570)323-6825 COLUMBIA COU"l'<'TY CCCS of N"or'"_"easter::l Pennsvlvania 1400 },bington Ex"",~tive Park Suite 1 Clar!a Summitt PA 18411 (570) 587.9153 or (800) 922.9537 F.0\.1:(570) 587-9134/913S 31 W. ),[arket Sc:eet POB li27 W"Ukes-Ban-e. PA 18702 (S70) 821-0837 or (800) 922.9537 F.o\.'l: (570) 821.1785 Commission on Economics Opportunity of LU%erne Count'! 163 Amber Lane Wilkes-Barre. PA 18702 (570) 826-<l510 or (800) 822-<l359 F.o\.'l: (570) 829.1665-{:A!.L BEFORE FA.1:!NG (570) ~55-4994 H..>.ZELTON F.o\.'l: (570) 455-5831-CALL BEFORE F.o\.1:D1G (570) 836-4090 n;NKH......"'NOCK CRAWFORD COGNTY Greater Erie Coaununi!:"! Ac::on Commit'..ee 18 West 9t." Street Erie, PA 16501 (81~) 459-4581 F.o\.'l: (814) 456-0161 Shenango Valley Urban Lea.g-~e. Inc 601 Indiana Avenue Farrell. PA 15121 (~12) 981-5310 . Booker T. WashingtOn Center 1720 Holland St:'o>et Erie, PA 16503 (814) 453-5744 F.o\.'l: (814) 453-5749 John F, Kennedy Center, Inc. 2021 East 20th St=t Er:e, PA 15510 (814) 898-0400 FA.1: (814) 898-1243 C'l.JMBERLA.....'D COUNTY Financia.l Counseling Ser-"ces of Franklin 31 West 3rt! Street Waynesboro, PA 17268 (717) 762.3285 YWCA of Carlisle 301 G Street Carlisle. PA 17013 (717) 243-3818 F.-\."{ (717) 131.9589 Adams County Housing Aut.':lorit'! 139-143 Carlisle St Gettysburg, PA 17325 (711) 334-1518 F.'\-1: (71E~H\B\T A CCCS of Western Pennsvlvania, Inc. 2000 tingle"town Road . Han-".sburg, PA 17102 (717) 541..1757 Urban League oDre=politan Harrisburg N. 6th Street Ha,r,-;.sburg, PA 17101 (717) 234-5925 F.o\."{ (711) 234.9459 Communit"! Ac::on Co= of the Capital Region 1514 Deny Street Harrisburg, P.~ 17104 (717) 232.9757 F.0\.~(711) 234-2227 PENNSYI.VANIA BUI.UT1N. VOl.. 29, ~Cl. 2:3, JUNE 5. 1999 . "~" . ~ . J ."'\: AL~ that certain trac: of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Thomas A. Neff, Registered Surveyor, on May 5, 1966, as follows: BEGINNING at a point in the center line of Township Road T-504 known as Sterretts Gap Drive, which pOint of' beginning is 579.73 feet Sout:o of the Southern line of 33 feet wide Wagner Street; thence from said point at the ?lace of Beginning along the center line of sa~d Sterretts Gap Drive South 0 degrees 30 minutes East, a distance of 100 feet to a point; thence along the Northern line of land now or formerly of George E. Henry South 89 degrees 30 minutes West, a distance of 200 feet to an iron pipe; thence stil: along land now o~ for~erly of George E. ~enry North 0 degrees 30 minutes West, a distance of 100 feet to an iron pi~; thence along l~ne of land now or formerly of Merle I. Rhoads, North 89 degrees 30 minutes East, a distance of 200 feet to a point in the center line of said Sterretts Gap Drive, the Place of BEGINNING, CONTAINING 100 feet in front along the center line of Sterrett" Gap Drive and extending Westwardly therefrom at an even width a distance of 200 feet, and being all of Lot No.2 as shown in the Northwestern area of the George S. Henry Plan of Lots recorded in the hereinafter ment~one~ a concrete and numbered 1842 Sterrets Gap Drive. BEING the same property which Larry Deppen, his wife, granted and conveyed to block garage and one story 7, Page 49. and having hereon erected frame d~elling house kno~n as Recorder's Office in Plan Book t h "ein by deed dated July Jean S. Jones, his wife, Gran ors e. , th office of the Recorder of Deeds for 1967 and recorded in e Lou Deppen and Delores W. james Robert Jones and 6th, Cumberland d Book "K", Vol, 22, Page 772. County in Dee ~HE above mentioned Sterretts Gap 1 known as Township Road T-504, Gap Avenue and is a so Drive is also known as Sterretts and they are one and the same, ',~;~':-";;,:;;::FL . ~I il-~,^ .~ VERIFICATION LUCY HERRADA hereby states that he/she is FORECLOSURE COORDINATOR of LITTON LOAN SERVICING, L.P. mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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: '1 1) [Of0 :"i'"". ~}'i0ii1~~ ',," 'r:\~! ,,', :~;;I({",'~' ,_' ",'I' ,) "j ,"~~' "'.1 '-I!Jb ...,'l'J1Y/)! -J i -~"" 1 ~"~~,"~ -.. --~ " '\".,' \,V,,\ ~(. :,'1, " !]m,,__. .- ,ti.~'iJ '19;.<,;> .A~ "/~ ,?y j)"" (t:<~~,,'1 '" ,- <,0::''''' """",..R~,,~,,_= ,,1.U,,~ ~"'~!?' 0, _"'"1)M.111l!_.~t .~.l[)" '~~'~"',", '~l"1""-F""'~~-' l!lllJWP'11 . , , '" . FEDERMAN AND PHELAN BY: Francis S, Hallinan, Esquire Identification No. 62695 Two Penn Center Plaza Suite 900 Philadelphia, P A 19102-1799 (215) 563-7000 BANK OF NEW YORK, AS TRUSTEE Attorney For Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff CUMBERLAND COUNTY NO. 00-2696 v, DAVID A. BARR GEORGIANN BARR Defendants SUGGESTION OF DEATH RE: DEFENDANT DAVID A. BARR COMMONWEALTH OF PENNSYL V ANlA: FRANCIS S. HALLINAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief, the Defendant DAVID A. BARR, is deceased- - date of death approximately 1/25/00, As the property was owned by Defendants as tenants by the entireties, upon MR, BARR'S death, co-defendant, GEORGIANN BARR became sole owner of the mortgaged premises. FEDERMAN AND PHELAN Dated: fo!.f/oD I I By: ~;Jpf Francis S. Hallinan, Esquire Attorney for Plaintiff ... . >iII -^. ~" ,~ ~ .', -,.. . FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esquire Identification No. 62695 Two Penn Center Plaza Suite 900 Philadelphia,PA 19102-1799 (215) 563-7000 BANK OF NEW YORK, AS TRUSTEE Attorney For Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff CUMBERLAND COUNTY NO. 00-2696 v. DAVID A. BARR GEORGIANN BARR Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Suggestion of Death Re: DAVID A. BARR was sent via first class mail to the following on the date listed below: Dated: fojcf /ov I ' !_~~~~a/l1;l","~~~~.l1g~~~~~otam.~~'-~- >'. ~"~-~ ~" ., ~....> '- .'~~ o c <- u.-" mI.J-' _. fi") i{; :x~ 6JC;" ~6 ~, d:;:.... r-, zc...~~' 5>c z =< w , " f;::' C) t:) '-'1 '- ~f: '~., <-r, , :-n ;::':,')5:1 ~:-;:-j ~i'~ ;,~; ~~S ,,::)'" ~ :n -< "'" ::it: (1) i:'.; ." ./ , '~ FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff BANK OF NEW YORK, AS TRUSTEE 5373 WEST ALABAMA, SUITE 600 HOUSTON, TX 77056 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO. 00-2696-CIVIL TERM DAVID A. BARR (DEC'D) GEORGIANN BARR 252 EAST CRESTWOOD DRIVE, APT B-8 CAMP fiLL, PA 17011 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: :~... Kindly enter judgment, in rem, in favor of the Plaintiff and against GEORGIANN BARR, 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 Plaintiff's damages as follows: As set forth in Complaint Interest 4/1/00 TO 7/12/00 TOTAL $94,034.92 $1,793.23 $95,828.15 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. ~ ;2kn<W\ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Q,U'1 I <fJ).CJ7JtJ R.~ j PRO PR tjfy (i~. }.,-J-.A~ "TIllS FIRM IS A DEBT COLLECTOR AlTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATfEMPTTO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." ,,,, =~ =Q'~~'"~." '.",,,.,,- '--~ ~ ~ -~~,'~" I,~~- ..- 'l*,~ll.t->,j . , FEDERMAN AND PHELAN . Frank Federman, Esquire , Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA r~2-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK, AS TRUSTEE COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY DAVID A. BARR GEORGIANN BARR NO. 00-2696-CIVIL TERM Defendant(s) TO: GEORGIANN BARR 252 EAST CRESTWOOD DRIVE, APARTMENT B-a CAMP HILL, PA 17011 DATE OF NOTICE: JUNE 23. 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A 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 from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff - - I_~ . , '. "~ FEDERMAN and PHELAN By: FRAJ{KFEDE~N Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff BANK OF NEW YORK, AS TRUSTEE : CUMBERLAND COUNTY Plaintiff : Court of Common Pleas vs. : CIVIL DIVISION DAVID A. BARR (DEC'D) GEORGIANN BARR : NO. 00-2696-CIVIL TERM 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 GEORGIANN BARR is over 18 years of age, and resides at 252 EAST CRESTWOOD DRIVE, APT B-8, CAMP fiLL, P A 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to W1sworn falsification to authorities. ?-~~ "),~ FRANK FEDERMAN Attorney for Plaintiff -' ~- . . - 1iIlIIIII!IIilI' . ~"~.~'~~ ~~ ", ~.~~ (Rule of Civil Procedure No. 236 - Revised) BANK OF NEW YORK, AS TRUSTEE : CUMBERLAND COUNTY Plaintiff : Court of Common Pleas vs. : CIVIL DIVISION DAVID A. BARR (DEC'D) GEORGIANN BARR : NO. 00-2696-CIVIL TERM Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on JULY /'1 ,2000. By ~,_ Q.~ DEPUTY If you have any questions concerning this matter, please contact: FRlViKFEDER1L\N.ESOlITRE Attorney for Filing Party SlITTE 900 TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 (215) 563-7000 **TIllS 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 TillS DEBT WAS NOT REAFFIRMED, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ,,1 ^ -," ""'A' ff'..' ...} ~ l"! \:l "l c... '" <;:) Q-- 0-.. ~J ~ , '~ , '-.. ~ ~~ s \ ~ ... ~ ~ ~ )..,~ Cc rf l..(jI t- ". , ~- ~- ~> :') c?!l .- /s~ /6,;;jf ~f; ft! .~;:;. :.5 o (.:.:, """ :- ~ -~J. - ,l_ :5 ~ (::,:; ,~ C:> CJ . . . "'~, ..,~I~fm!~....~vwr""""",_,,,,,,",,li!>~~15r~mr'I"ff!l1!ll',~;o;'l'l!"j)f-,*tP'W')'")~lPP'?'~'0'~l~"",r8,,~..(,'~'C!~Ph?";"'.:7~l;""~,"-'W,'~~';"",!'.!',:",,,,';;:-'B'''''Yl'iV,,,;'WjlWlml~~' ,,' ~ ," ' ~. " , ,,,~ v (Rule of Civil Procedure No. 236 - Revised) BANK OF NEW YORK, AS TRUSTEE : CUMBERLAND COUNTY Plaintiff : Court of Common Pleas vs. : CIVIL DIVISION DAVID A. BARR (DEC'D) GEORGIANN BARR : NO. 00-2696-CIVIL TERM Defendant(s) 0""".,.1,,.,1,, Notice is given that a Judgment in the above captioned matter has been entered against you on JULY JIr4' ,2000. By ~ (1 'ffu M:-/ DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Filing Party SUITE 900 TWQ PENN CENTER PLAZA PHILADELPHIA. PA 19102 (215) 563-7000 --THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 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. ** '_L',,~ . ~', , FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff BANK OF NEW YORK, AS TRUSTEE 5373 WEST ALABAMA, SUITE 600 HOUSTON, TX 77056 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO. 00-2696-CIVIL TERM DAVID A. BARR (DEC'D) GEORGIANN BARR 252 EAST CRESTWOOD DRIVE, APT B-8 CAMP HILL, PA 17011 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against GEORGIANN BARR. Defendant(s), for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest 4/1/00 TO 7/12/00 TOTAL $94,034.92 $1.793.23 $95,828.15 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rille 237.1, copy attached. ~ ~~a1'\ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PROPROTHY **THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPTTO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** . ;,_,rn_ ", -' ~ h~ o~; ~" , fSDERMAN AND PHELAN ,Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA ygT02-l799 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK, AS TRUSTEE COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY DAVID A. BARR GEORGIANN BARR NO. 00-2696-CIVIL TERM Defendant(s) TO: GEORGIANN BARR 252 EAST CRESTWOOD DRIVE, APARTMENT B-8 CAMP HILL, PA 17011 DATE OF NOTICE: JUNE 23. 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A 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 from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff - ',--'" , .1--;, ."~ ,~" '. FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (2 15) 563-7000 Attorney for Plaintiff BANK OF NEW YORK, AS TRUSTEE : CUMBERLAND COUNTY Plaintiff : Court of Common Pleas vs. : CIVIL DIVISION DAVID A. BARR (DEC'D) GEORGIANN BARR : NO, 00-2696-CIVIL TERM 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 infonnation 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 , II I (b) that defendant GEORGIANN BARR is over 18 years of age, and resides at 252 EAST CRESTWOOD DRIVE, APT B-8, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?~f A--~tl.4\. FRANK FEDERMAN Attorney for Plaintiff j I :c L . - - " - ~~-- l PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C,P.3180-3183 BANK OF NEW YORK, AS TRUSTEE Plaintiff, CUMBERLAND COUNTY v. No. 00-2696 CIVIL TERM DAVID A. BARR (DEC'D) GEORGIANN BARR Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $95.828.15 Interest from 7/12/00 - 1216/00 ,,'I $2.315.25 and Costs (per diem - $1,5.75) $98.143.40 TOTAL ., 2~~~RE ) TWO PENN CENTER PLAZA SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property. No. .liab~;l~~~~~II'..~i,~"'IMU.-~t~_,..~_i~~oi~~l~ll-MI<\'O!~.....illItiIliilil~ilI!ii;.~- " ~ " , ~ ci < o o o N @ <I) E-< ~~ "';> ;:i~ "'"", ~~ 0[0;1 ~~ ~ . 01: u~ f;l;;0 Ou ~~ ~~ 8; ~[0;1 E-<= z~ ....~ U - .. [0;1 [0;1 E-< '" ; E-< '" -< ~ o >< ,~ . ~". f;I;; o ~ = . - ,;, ~ s u~ [0;1-< B= ~~ ~G -<~ ~.o ~[0;1 -<" ~ z o .... E-< ~ U ~e [0;1 ::l '" f;I;; Q 0" .. E-< .. ~~ ~.~ ot: f;I;; Q [0;16 ~ .... u ~ ~ .;; <I) - ~ J.'~"""""'~', ~<~ QO , = ~ ~ .,s ;> sa ,.... ~ ~ ~ u 0.... fo;l~OS ~ ~t- C E-<.... ~=~~ =~u..s o;:SE-<8 <"","" ~~-<~ s:'o[o;1 <[o;1M ~"~u '" '" <I) :g -< ~!"'''' " J ~"\I , '. '" <I) i:: <I) '" <I) .L:J ~ S '" ... <I) 1ij< 0.. <I) ~ " .' .- . , l ALL that certain tract of land with tbe improvements tbereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Thomas A. Neff, Registered Surveyor, on May 5, 19~6,as follows: BEGINNING at a point in the center line of Township Road T-504 known as Sterretts ~ep Drive, which point of beginning is 579.73 feet South of the Sou:he:'n line ot.' 33 feet ",ide Wagner Street; thence from 5a.1d point at the ?lace of Beginning along the center line of said Stcrretts Gap Drive South 0 degrees 30 minutes East, a distance of 100 feet to a point; thence along the Northern line of land now o~ formerly of George E. Hen~y Sou~h 89 degree~ 30 minute~ West, a dlstance cf 200 t~e: to an ~:on pipe; thenc~ ~till alcng ~and now O~ formerly or George E. ~en~y Sc~th 0 degree9 30 m1~utes Wes~, a distance of 100 ree~ ~o an :ron p~nj thence along line of land now or formerly of Merle I. Rhoads, No~th 89 degrees 30 minut~s EastJ a; distance ,of 200 teet to a'point in the center line of said Sterretts Gap Drive, the Place at BEGINNING. CONTAINING 100 feet in front along the center line of Sterretts Gap ~r1Ye and extend1n~ Westwardly therefrom at an even v1dth a distance at 2CO :'ee~, and ce~ng,all <:>f Lo:,: No.2, as shown 1n the Northvestern area of the George ~. Menry "Plan Q! ~ota recorded in the hereinafter ment1one1 Recorder's Office In, Plan Book 7, Pa~ ~9, and hav1ng hereon erected a concrete block garage and ~ne St~ry trame' dwelling house known as and numbered 18~2 Sterrets ~ap Drive, BEING the same property ",hi en Larry Lou Deppen and Dolores W. Deppen, his'wife, gra.n1:ed and conyeyed to James Robert Jones and Jean S. Jones, his v~re, GrantorS herein, by deed dated July 6th, ' 1967 :lnd recordGd 1n the ornee of the Recorder of' Oeedsf'or Cumberland County 1n Deed Book "K". VoL 22, Page 772. 'IlHE above mentioned Sterretts,Oap Drive 1s also known aa Sterretts Gap Avenue and is also known 8S ~ownsh1p Road T-50~, and they are one and the same. iIi'MIIiliii~lki~~;-~1il:@'~"~~-i'l'illiiii~-'/;ljJ""""~.il.Ol,*~~,*_B\"_~,,,._~,;:,~,;,mi<lli\tEl!ilillbll~~~~lilIllW~~n1 ~" ~~' ~'~.'''''"~ --'::l ~ -- (:l -lQ IN <- ~ - ~ lv f...) r' ~ ~ 0 ~ f> ....... Q ~ ..... ~ ~ ~ If::. , , 0 .4) ~ 0 c, 0 --0 0 "-> C () C- o c,") - '-0 ~ <> c: 0 " () , ?" ~ f} f ( I , I V~f' ,:r.:;,. 0 D "('- -U gJet .:;s "- .t- r l? F zr 0.) ~ Cl)J> ~ ... r:" f",=1 - , , , ... a- "t:' C:J - ... ... , ~~ ~ )>c.' "7, Z" ....;,.. \:!J ... C<::! pO -,- .~~: ... ... , ..... c: -"'"'i";-j ..... , ..... v-:z :z ",j ..... S! =< :::> ~ :0 .~ -< ~~ ~: I I ! i I I .. " ' -" " , 'l;' '-. BANK OF NEW YORK, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DAVID A. BARR (DEC'D) GEORGIANN BARR CIVIL DIVISION NO. 00-2696 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) BANK OF NEW YORK, AS TRUSTEE. Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1842 STERRETTS GAP AVENUE, CARLISLE, PA 17013. 1. Name and address ofOwner(s) orreputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAVID A. BARR (IDEC'D) GEORGIANN BARR 252 EAST CRESTWOOD DRIVE, APT. B-8 CAMPIDLL,PA17011 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 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) America's Wholesale Lender To Be Determined ~~~.J ;"1 L . NAME 5. Name and address of every other person who has any record lien on the property: '...'. None LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 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 None LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 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 Domestic Relations of Cumberland County Commonwealth of P A Bureau ofIndividual Tax Illlheritance Tax Division Illlternal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1842 STERRETTS GAP AVENUE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 Attn: John Murphy 6th Floor, Strawberry Square Dept. #280601 Harrisburg, P A 17128 Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 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. August 28. 2000 DATE Jjt;:k~~ Attorney for Plaintiff ~Iii' ,- J. ~'" Itlliifw:M~iI!!lIl.iiliUIM~~f;!ilt,M!Wli...._it4W'i-~' ~.-~~ ~ -~,~ -_.. ,~ ~-, " ~.u " ~, . 1 ~, '1iiiIliiIiII~ ,,,; idilI ~,~ ,-~ "~1iI ; (') {'..::J C I'::', -.....<: )~ (Jr. rnh\ [4.:.') 2,.-: 2: C-~ o....J.., VJJ' -<-'0- C) ~C:J ;?;C":: ---:, :f;Ci :~~i~;l c: Z Sj =< '=::l .j:'" ::n -< r ~~ FEDE~andPHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK, AS TRUSTEE Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION DAVIDA. BARR (DEC'D) GEORGIANN BARR NO. 00-2696 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: () 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. ~~~~"/~ F K FEDE AN, ESQUIRE' Attorney for Plaintiff !t!:bd:~ Ii ~j ~~lM1~~Ii!!iJmf,~~ A ,. ""j""~to\i;w;,,",;JJH '" ~"~ -,' , ,." ~'~,~,;;,,~, _ lOll' , I -IUll'v~' "1iIIl... 0 C::? C {::':J ""':: ~ "lJ 0,..1 ~ m r~ ;::''') ~i~' C,,) i-'--' 05:" .:..=-' 0,., .-<Z L r::C) ~d ..;:- -,"; :!::'--"O , :Z:CI (OS Pc: I" i-'q :3 .:::> P ,J;"' :0 , -< tii1 -. liiIIlMl -,; '<<=", / BANK OF NEW YORK, AS TRUSTEE Plaintiff, CUMBERLAND COUNTY v. No. 00-2696 CIVIL TERM DAVID A. BARR (DEC'D) GEORGIANN BARR Defendant(s). August 28, 2000 TO: DAVID A. BARR (DEC'D) GEORGIANN BARR 252 EAST CRESTWOOD DRIVE, APT. B-8 CAMP HILL, P A 17011 "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 YRECEIVED 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 1842 STERRETTS GAP AVENUE. CARLISLE. P A 17013, is scheduled to be sold at the Sheriff's Sale on DECEMBER 6, 2000 at 10:00 a.m. in the Cumberland County Courthouse, South HanoverStreet, Carlisle, P A 17013, to enforce the court judgment obtained by BANK OF NEW YORK. AS TRUSTEE (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 7, 2001 Sheriff's 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. ."."-,, .n _,-'-.<-_,~~..~...,_,,,",,~,-,,-,,.."~,..,~,,,~::t."~,. ,.;,.... =-. I~ ~~~, - ~. ~'," ,J 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 fmd 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 LmERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 - -.!,~" ..t"~ - ........r. ALL that certain tract or land with the improvements thereon erected situate 1n North Middleton Township, Cumberland County, Pennsylvania, bounded and described 1n accordance .tth a survey made by Thomas A. Hef!", Registered Surveyor, on May 5, 19-66,as follows: BEGINNINC at a point in the center line or Township Road T-504 known as Sterretts ~ap Drive, which point of beg1nnins 1s 579.73 feet South of the Sou:he~n l~ne o~ 33 feet wide Wagner St~eetj thence trom ~aid point at the Place of Beginning along the center line of said Stcrretts Gap Drive South 0 degrees 30 minutes East, a distance. of 100 feet to a point; thenoe along the Northern line of land now O~ to~mer:J of George E. Henry Sou":h 89 degree: 30 mi.nute= tNest'~ a dj,stan.:e cr 200 tee'; to an ~~on pipe; t~ence $~i11 al~n~ ~and now 0: rormerly or George E. ~en~1 Sc~th 0 degree9 30 ~~~u:es Wes~, a ~i3~ance c~ loa fee~ to an :ron p~nj thence along line of land now or formerly o!" Merle :. Rhoads, Ncrth 89 degrees 30 ~inutes East, a distance of 200 reet to a pOlnt in the center line of said Sterret~s Gap ~rive, the Place or BEGINNING. CONTAINING 100 feet ln f~nt along the center line of Sterrett3 Gap ~rive and extending Westwardly therefrom at an even v1dth a distance of 200 ~ee~~ and ceing al: ~f Lot No.2 as shown in the Northvestern area o! the Gcorg~ ~. Henry Plan o! Lota recorded in the hereina!ter ment1one~ Recorder's Off1cein Plan Sook 7. Page ~9, and having hereon erected a concre~e olock garage and one story frame. dwelling house Kn.own as and numbered l8~2 Sterrets Gap Drive, BEINa the same property vh10h Larry Lou Deppen and Dolores W. Deppen, hh'w11"e, granted and con'{eyed to.Ja.mes Robert Jones and J<:"n S, Jones, his vifa, arantoM herein, by deed dated July 6th, . 1967 "od record<:d 1n the office of the Recorder of Deeds for Cumberland CQunt:,' in Deed Book "1(", Vol. 22, Pase 772. 'l1HE above ~enHoned Sterretts .,Gap Orive .ia also known as Sterretts Gap AVen~e and is also ~nown as Township Road T-504, and they are one .' and the same. ." ~ ~~,'" ~,I j ~~~- ') '~"M1M~Ba"",Jilthn~ ,,-~....."~ <- JldUr' ,..rl"-' liiJ~"" ~~ r """"-'-..... 0 C::::J c: C~j .?"' VL('; ~ Qlr;- ~--i-.) Z::, 655:~" , ~--- , ," ~'< ;:~~: a ,,~'7 r,-" .' C) ~\... Pc,; ~L;" c- "1'[ Zc _:;", .. ~ 2J 5>' c-) c c5 rn z :C~ =< :J .1--' :n -< JI1 "" "' ,J~ - -- . . _~oI'<' I FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 BANK OF NEW YORK, AS TRUSTEE 5373 WEST ALABAMA, SUITE 600 HOUSTON, TX 77056 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DMSION TERM Plaintiff v. NO. 00 - -?4?4 Cu.:L y~ CUMBERLAND COUNTY DAVID A. BARR GEORGIANN BARR 1842 STERRETTS GAP AVENUE CARLISLE, PA 17013 Defendant( s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 Loan #: 7361462 It.ilil-"!.d.. _ o..J~ ~L J.i!I~' 0' ,'1 1. Plaintiff is BANK OF NEW YORK, AS TRUSTEE 5373 WEST ALABAMA, SUITE 600 HOUSTON, TX 77056 2. The name(s) and last known addressees) of the Defendant(s) are: DAVID A, BARR GEORGIANN BARR 1842 STERRETTS GAP AVENUE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 1/26/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1429, Page 404, PLAlNTIFF is now the legal owner of the mortgage and is in the process of fowalizing an assignment of same, 4, The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/1/99 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." -"" - ~- ""'-" 6, The following amounts are due on the mortgage: Principal Balance mterest 9/1/99 through 4/1/00 (Per Diem $17.41) Attorney's Fees Cumulative Late Charges 1/26/98 to 4/1/00 Cost of Suit and Title Search Subtotal $84,716,76 3,725,74 4,000,00 180.42 550,00 93,172.92 Escrow Credit Deficit Subtotal 0,00 862,00 862,00 TOTAL $94,034.92 7, The attorney's fees set forth above are in confonnity 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, 8, lbis action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9, The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S, ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A" 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $94,034,92, together with interest from 4/1/00 at the rate of$17.41 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, 1~~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ". '~~ - - ,~" "'",,- ACT 91 NOTICE TAKE ACTION YOUR HOME FROM FORECLOSURE TO SAVE TO: March 23, 2000 David A, Barr 1842 Sterretts Gap A venue Carlisle, P A 17013 Georgiann Barr 1842 Sterretts Gap Avenue Carlisle, PA 17013 DATE: 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 INFORMA TION 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 ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY, This is an official notice that the mortgage on your home is in default and the lender intends to foreclosure. 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. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DA TE OF THIS NOTICE, Take this Notice with you when you meet the Counseling Agency, The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice, Ifvou have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-341-1397, (Persons with impaired hearing can call (717) 780..1869), This Notice contains important legal infonnation, 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 ADJL;-';TO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDlTAMENTE LLAMANDO ESTA AGENCIA (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 CUAL PUEDE SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDlMAR SU HIPOTECA, STATEMENTS OF POLICY HOMEOWNER'S NAME(S): David A. Barr and Georgiann Barr PROPERTY ADDRESS: 1842 Sterretts Gap Avenue - Carlisle, PA 17013 LOAN ACCT. NO,: 6125358 ORIGINAL LENDER: America's Wholesale Lender CURRENT LENDERJSERVICER: Litton Loan Servicing, LP EXHIBIT A ~~,- - ~ ~"'"""'" -, ,~ .~~ -""I>'" HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PA YMENTS IF YOU COMPL Y WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE '.ACT"'), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HA VE A REASONABLE PROSPECT OF BEING ABLE TO PA Y YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA 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 this 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 AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty (30) days after the date of this meeting, The names, addresses and telephone numbers of 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 lender immediately of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see 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 counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies have applications for the program and they wiII assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application, During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the' Pennsylvania Housing Finance Agency of its decision on your application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) EXHIBIT A " - .. ~ , , , , HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date), NA TURE OF THE DEFAULT.. The MORTGAGE debt held by the above lender on your property located at: 1842 Sterretts Gap Avenue - Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A, YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 10/1/99 thru 3/1/00 at $745.00 per month, Monthly Payments Plus late Charges Accrued $4,650.42 NSF: $0.00 Inspections: $75.00 Other: $0.00 (Suspense): $0,00 Total amount to cure default $4,725.42 B, YOU HAVE FAILED TO TAKE THE FOllOWING ACTIONS (Do not use ifnot applicable): N/A HOW TO CURE THE DEFAUl T-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 $4,725.42, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERlOD, Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: FEDERMAN AND PHELAN, Suite 900,Two Penn Center Plaza, Philadelphia, PA 19102, attention: Reinstatement Department. You can cure any other default by taking the following action witbin THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable,) N/A, IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt, The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon vour mortgage propertY. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you. you will still be required to pay the reasonable attorney's 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's fees actually incurred by the lender even if they exceed $50.00, Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv 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's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted, EXHIBIT A . . - "~.. ......._~.,= T . -~.^ , . EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice, A notice of the actual date of the Sheriffs Sale will be sent to you before the sale, Of course, the amount needed to cure the default will 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, HOW TO CONTACT THE LENDER: Attorney Representing Lender: FEDERMAN AND PHELAN Suite 900, Two Penn Center Plaza, Philadelphia, PA 19102 Phone: (215) 563-7000 Fax Number: (215) 563-5534 Contact Person: Phyllis Levin, Reinstatement Department EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings conld be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or_X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements ofthe mortgage are satisfied, YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT, . TO HAVE THIS DEF AUL T 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 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 LA WSUlT 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, CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, FEDERMAN AND PHELAN Cc: Litton Loan Servicing. LP (TX) Attn: Lucy Herrada Account No,: 6125358 Mailed by I" Class mail and by certified Mail No: Z-215-964-839,840 ~XH1BIT A -, - I"li"'h Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) I.to'ming.Clinton Counties 213:t:::~ l~~ommunity Aaicn (STEP) P. O. Box 1328 (~lliamso') port, PA 17703 '" 326~5B7 F.';"'1: (570) 322.2197 C20CCS oOlor'"J1eastern PA 1 Basm Street 'l'r1ll" (.-Oxams) port, P.'\. 17703 .., 323~627 FA.1:(570) 323-6626 CLIN'l'ON COUNTY CCCS of Northeastern p~ 1631 S AthertOn St . SOlita 100 State College, PA 16801 (814) 238-3668 F.U (814) 236-3669 COLUMBIA COU1'o"l'Y CCCS of Nort!leastern Pennsvlvania 1400 Allington Exec-oltive Park Strite 1 Clarks Sumttlitt FA 18411 (570) 587-9163 or (800) 922.9537 FA.1: (570) 587-913419135 31 W. Market Street POB 1127 Wilkes-Barre. FA 18702 (570) 821-0837 or (800) 922.9537 F....1: (570) 821-1785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826~510 or (800) 822~359 F...."{ (570) 829-1665-CALL BEFORE FA."GNG (570) 455-4994 HAZELTON FAX (570) 455-5631~ALL BEFORE FA."GNG (570) 836-4090 TUNKHANNOCK Booker T. Washington Center 1720 Hoiland Street Erie, PA 16503 (814) 453-5744 FA-'{ (814) 453-5749 John F. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harr'.sburg, PA 17102 (717) 541-1757 Urban League of ~letropolitan Harrisburg N. 6th Street Harrisburg, FA 17101 (717) 234.5925 FA-"{ (717) 234-9459 Communir-f Adon Co= of the Capital Region 1514 Derry Street Harrisburg, FA 17104 (717) 232.9757 F....'{(717) 234-2227 CRAWFORD Cor.JNTY Greater Erie Co=unit"f Action Comttlirree 18 West 9th Street Erie, PA 16501 (814) 459-4581 F.U (814) 456-0161 Shenango Valley Urban League, Inc 601lndiana Avenue Farrell, PA 16121 (412) 981-5310 C'UMBERLA..'lD COUNTY Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro. PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 F....'{ (717) 731-9589 Adams County Housing Authorit"f 139-143 Carlisle St Gettysburg, FA 17325 (717) 334-1518 F.U(717) 334-8326 E)(H\6\T A PENNSYI.VANIA BUt.UT1N, VOl.. 29, 1'10. 2:l, JUNE 5, 1999 { -~ '--- " 1 11 . ALL that certain tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Thomas A. Neff, Registered Surveyor, on May 5, 1966, as follows: BEGINNING at a point in the center line of Township Road T-504 known as Sterretts G.ap Drive, which point of' beginning is 579.73 feet South of the Southern line of 33 feet wide Wagner Street; thence from said point at the Place of Beginning along the center line of said Sterretts Gap Drive South 0 degrees 30 minutes East, a distance of 100 feet to a point; thence along the Northern line of land now or formerly of George E. Henry South 89 degrees 30 minutes West, a distance of 200 feet to an iron pipe; thence still along land now or formerly of George E. ~enry North 0 degrees 30 minutes West, a distance of 100 feet to an iron pin; thence along line of land now or formerly of Merle I. Rhoads, North 89 degrees 30 minutes East, a distance of 200 feet to a point in the center line of said Sterretts Gap Drive, the Place of BEGINNING. CONTAINING 100 feet in front along the center line of Sterretts Gap Drive and extending Westwardly therefrom at an even width a distance of 200 feet, and being all of Lot No.2 as shown in the Northwestern area of the George E. Henry Plan of Lots recorded in the hereinafter rnentione~ Recorder's Office in Plan Book 7. Page 49. and having hereon erected frame dwelling house known as block garage and one story a concrete and numbered 1842 Sterrets Gap Drive. BEING the same property which Larry Lou Deppen and Dolores W. d to James Robert Jones and Deppen. his wife, granted and conveye i by deed dated July 6th. Grantors here n, Jean S. Jones, his wife, Recorder of Deeds for Cumberland 1967 and recorded in the office of the d Book "K", Vol, 22, Page 772. County in Dee Drive is also known as Sterretts ~HE above mentioned Sterretts Gap i 1 known as Township Road T-504, Gap Avenue and 6 a 60 and they are one and the same. . . .'-'1 1 I I I I I i 'I, ~'<"'':''-'' ',<- .:;_'n' '"""""""-"'''-''. ~;,-J b"'O: L"'->!,,;',,--,'~'--""',~., -'",..,',_. . VERIFICATION LUCY HERRADA hereby states that he/she is FORECLOSURE COORDINATOR of LITTON LOAN SERVICING, L.P. mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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: !iP 1) loa ."" ,;;, .,--";"~;","."",,,,,,~,, '~"=" ""~' "., .....-- , ,', . ....~ '0 ' ro'~"h'.",~",~,'.._-',~,,"" ,(<"o..~ ,.. }J (.J t :}g f)'~~() ~ ~~o~B 0/..0 I' c.-, ~ ~ 'iJ U ~ ~=r ~ ,~. n S <-, -r] r~ ~J,; ;~'~ E. (iJ._-' -< ,,' r::~ i.".,' :"-:-- "-::: C~ ..:....(-', >(~': 2: -, -<. . o C) @ C) -n ---<:"" .. :, "~ -, ~ ;J ,~: I! (',0 - :] (~) . j-, ,"'-1 "") ;'Jl ----::l ::0 CO ,'~'. - .. 1fJ/~b",,; . AFFIDAVIT OF SERVICE PLAINTIFF BANK OF NEW YORK, AS TRUSTEE GEORGIANN BARR CUMBERLAND COUNTY No.00-2696 CIVIL TERM DEFENDANT(S) SERVE AT 252 EAST CRESTWOOD DRIVE, APT. B-8 CAMP HILL, PA 170Il Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 6, 2000 SERVED Served and made known to {;G~hV ~ ~ ,Defendant, on the at \?~ {O, o'clockt!.,m., at ~ q:J.. e (J ARA1:w~&., 4,v ~~ Ct t::I.., daYOfh:::t, ,200~ ()()~ "I dvet. ;:;, J, Commonwealth of Pennsylvania, in the manner described below: .Y Defendant personally served. Adult family member with whom Defendant(s) reside(s), Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship, Manager/Clerk of place oflodging in which Defendant(s) reside(s), Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 5/-(,.5 Height 06"- ~3 Weight,;;1 007- Race 0 Sex -E- Other 1, A.f4 T-flIlN/(3;L IlllfF~ty a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy ofthe Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above, Sworn to and sub~bed be~ me this ~ day of f-:t" ,2000. Notary:~~".(," ~ NOlarial Seal Kare~ l. Green NOla Pub,. OIJJ th.J-farnSburg, o.ilij';il1 IC (CommISSIon Expires Jan, 22,2001 Moved U own ",f~f,'W NOT SERVED ,200_, at o'clock _,m., Defendant NOT FOUND because: No Answer Vacant Other: Swom to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - 1.0. No. 12248 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215) 563-7000 _""" ..;V"~". 'I".....~, 1itiii~illHjj]_Iti~tij;ju;;ll!uj~iwootj;lO;~lL:lili n' '" ,-= -~ '1IId"""'"""'"""""'"~"'-"~' ~~ . 0 0 0 C 0 .1 :;:: U) ~:::-J -00;; rrI ;':~-~j2 mrr! V Z::D N Z~ ;!j'y w:c' U'i ~:z _.,0 kC ""'0 .~' -ft ~O ~~~6 >2 - cSf'n .. ~ ~ r.J1 ::0 >..0 '< ,,=.~ " I ~, ~ "' .~~" ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK, AS TRUSTEE Plaintiff CIVIL DIVISION vs. No. 00-2696 CIVIL TERM DAVID A. BARR (DEC'D) GEORGIANN BARR Defendants AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA SS: CUMBERLAND COUNTY I, FRANK FEDERMAN, ESQ., attorney for BANK OF NEW YORK. AS TRUSTEE, hereby verify that on AUGUST 30. 2000, true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded Iienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on AUGUST 30. 2000 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. Date: November 3. 2000 '-- ..."~ ,. "O-i t"" ~r ~ ;. " - - .... .... .... .... 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'" " " '" = ., c. l "C>-3"l :.:!t'i ;'00 c."Ct'i "" ::0 -6'=.. ...=" .r n > .. ~ '2 '-.:1=,,- >;-~ ., '-.:I ~-=:c -srt.'!1 ONt'" N~ > 002 S. ~ " '" o = '" RE: SALES. .,...lc~ ' : SENDER:",DMK ' 3, Article Aqdressed to: -.GEORGlANN BARR .252 EAST CRESTWOOD DRIVE, APT. B-8 TAMP HILL, PA 1701 I ~ " Oil" I also wish to receive the following service ifor an extra fee): ~ Q Consult postmaster for fee. 4a. Article Number P 969 055 433 1111111111111111111111111111111111111111111111111111111111II Domestic Return Recei: , . P 969 OSS 433 TO: GECiRGIAN,N BARR 252 EAST CRESTWOOD DRIVE; APT, B-8 CAMPHILL,PA 17011 SENDER: REFERENCE: DMK SALES PS FORM 3800 SEPTEMBER 1995 Postage CertifIed Fee RETURN RECEIPT : SERVICE Return Receipt Fee ..----.-.2:65-- . ------..f};Ol}.... --lHlO--- .--......2;75- AeslrictedOellvery TOlal f>Qstageand Fees US Postal Service POSTMARK OR DATE ........ Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail 11iI.~'"'-~' ~1f~~liBiliimft;g"'ri' 'N...._~~d1;;"" r"""~ . "~ - ~~,'=" ,',~,I," ~~~, - ~" ,., ~, -.< "' ~ -lIi;~~~<- ,,- . " (') a 0 c: Cl 'Tl "- Z "-I -oU) Cl ~j: " mpi < Z::r.; ["np ZC I T'ITl (n ",L~: en cc':50 -< ~~-, C}6 ~c; -,~{ -0 -rl-' -;::- -..c-..-n c~o :J\l: ~~C) Zo 5>c: w orn Z N ;g =<! r" ~ " '~- ~" ,,- '~ '. - "', - ,",'<'~,,,,~ - ~",',,,,.,,. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robet P Ziegler ~ --------------------------------------------------____________________________Ilecorderof needs in and for said County and Siate do hereby certify that the Sheriff's need in which ____n_______n_ BAnk of New York Tr -----------------------_---.----------------__________-_____________________________ m the grantee the same having been sold to said grantee on the __~_t_~____n_________n____n__nn____________ day of Dec . 2000 __n_n_______________n______________n A. n., . - ____n' under and by virtue of a wriL___n________ n____ _____ ____~~_':.<:~E_i_~r.:n________ n ___ ______ _ issued on the ____________ ___~ _~lO~n__ __ __ n n_____ day of ____________~':~~~_t:.______ A. n., 2000 . ,_ _, out of the Court of Cornman Pleas of slUd County as of __n_n_Giyiln_____ ____n___"n_____ n _ n___ n __n n___ _________ n n __n n n h _ Term, 2696 Bank of New York TR Number ______n___n_' at the suit of ____________n____________________________n_______n-n------- Georgiann Barr David A Barr Dec'd ___________________________________against____________________________________________________ 5 237 600 duly recorded in Sheriff. Deed Boqk No. __n__n____' Page __nn__n__. 2000 IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office thm n!.qg:_ day of ______~---------~, Ill>~_~( ~~~~~ Recorder or Deeds, Cumberland County. Cartisle, PA Mj Commis~on E<pires the first Mondaj of Jan. 2002 . "'''>'-~' .. '. ,"~ ""'.","","~ - ., '~.... '~-"':"I Bank of New York, as Trustee -vs- David A. Barr (Dec'd) and Georgiann Barr In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-2696 Civil Timothy Reitz, Deputy Sheirff, who being duly sworn according to law, says on October 31,2000 at 1:25 o'clock P.M, EST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon the within named defendant to wit: Georgiann Barr by making known unto Georgiann Barr at 3040 Market Street, Camp Hill, Cumberland County, Pennsylvania (place of employment), its contents and at the same time handing to her personally the said true and attested copies of the same. Gerald Worthington, Deputy Sheriff who being duly sworn according to law, says on October 13, 2000 at 9:28 o'clock A.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description On the property of Georgiann Barr located at 1842 Sterrets Gap Avenue, Carlisle, Pennsylvania according to law. R. ThOmas Kline, Sheriff who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency o,fthe action to the defendant Georgiann Barr by regular mail to her last known address 452 East Crestwood Drive, Apt B-8, Camp Hill, Pennsylvania, This letter was mailed under the date of November I, 2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff who being duly sworn according to law, says that after due and legal notice had been given according to law exposed the above described premises at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania on December 6, 2000 at 10:00 o'clock A.M. EST and sold the same for the sum of$ 1.00 to Attorney Dale Shughart for Bank of New York, As Trustee. It being the highest bid and best price quoted for the same Bank of New York, As Trustee of 5373 West Alabama, Suite 600, Houston TX, being the buyer in this execution paid to SheriffR. Thomas Kline the sum of$ 874.08 it being costs. Sheriff s Costs Docketing Poundage' Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 30.00 17.14 15.00 15.00 30.00 10.00 .50 1.00 12.40 .64 15.00 20.00 344.45 288.30 23.15 25.00 26.50 $ 874.08 pd by atty "'.,......., ~ - . Sworn and Subscribed To Before Me Tills /9~ D~O~ 2001, A.D. Q,-'- 0. ~ ,<JitiP P 0 onotary - 01/05/01 SO~.~~ -?'1 . ~ R. Thomas Kline, Sheriff BY~~ Real Estate Deputy ",",'" "~"H, ,~y Jb'lfU )~ , 3)~05) c,R, )1>" ~ - '~llEAqsTATE'SALEJl6;1Y---' ~~ ~;~,~:~~~~~!~~~~~:&~"e' .' ~-Barlk- of New York, as Trustee '......-_~ \/S t'~'~~~' ~~_oa.v~_~.B,'~~(De.c~)~Pd ,;~~:::s..._--: __ qeOl;9lann B,arr ,.-:'~o;:;:t ,... _ -Afty: Frank Federman ~nlt~~fY~-:fr~~~~~iand with ,the ~--lmQ.ro\'cm(>nts - tncreon crrectcd situate in ,;NO~ili - MiddletonTQ"\'TI~hip, Ctimberland 1.0--.- ';.bou.n.~., dJ:leSg:J.JJ(>djl.1<l!.sco:rda.n,ce~ ~&ey )!ia.-d~ .py, Thomas A. Nclf, _ stcred Surveyor, on May 5, 1%6, as OW$.: . ,= ~GIm."i'fNG""a1itpoint in:- fhe center line of ' ';' -Township Road T-50?: knOt\" as Sterretts ,Gap \' 'v-hich.Point - of beg_.itltl1rig)s 579}~ feet ,-au. the" Southern line of 33 fCd wid~ - 5\re~f; from said ~otl).t a,t,th~}i!l(e.of g -a16ng, the cenfer line or- ~id _ Gap . ~>fre Squlh 0 ...2.eg~ec~ ,~O _ '::Eas~ a distance ofl00 feet to a pointj ~ thenc!.:' along the Northern line of lmd now OT 'ft<.f~srlr of George E,. Henry So_uth 89 degrees Jiill) mmutL'~ Wcstl a"dlstilnce oL200 .feet ,19 an f ~ plpC; thence _ still along ,land now or rf'- 0 - '~gpJge...Jt._Bemv North 0 dwrees ... o:n:,mu e5.. 'e~t, J disfailC-e-of100 ~.in" - . in~ Qf lilnds~w 9t I ,gIT~,::' ~ _ _ feet to a __ t.!-tcfiter HnC' S~J t('rrcti5G.l~:; ~ m;i:~Il$~qf*l!S1'iJNCic,. _, _ : , '.. ~'i:It\l!\fG Jl.!et, iJ) _ fr.ont ,along.~ Cfcn~Jil,1e of, Sl~rretts yap Drin: and_ mg, l\$shY~rdly_ therefrom oll an C\'('n BIl12Cdbta.n.ce.-oQO!rJeet,- <J!ld bdng ill! of '2, ',]i 'i\}PJI'lf- 41 tI-'e,Np-!'thwe:.lem ilrea ~ ~gc-E:, Hen.ry,plan of ,LOI" recorded . @lC(crtlai(~mS!1ti.q!1~dRecord~~$ Offjce 7, Page 49" !lI19 haying_.h,.e:reon rgl.e !;l~oc~ gil.'(~e a!lQ, 9,n.e Mory _ O~!i~ ,Jqiown_,a~, and,_Q~,!;l~r _ punvc, _ . - __ ,~, iJh~__~ro~ propcrty which lam Lou ~d and Do]orr,c W. Deppen, his' wife, _' - n c . and co~vey~}lloJime~, Roberl JOI'!~S~ .. ~...:rean.5-..Jo.nCs, his. ~ifc, Grantors h&r~in, by - ,~'~i.~ da~eQ July 6Ut_19b] andJecQrd~d, in the_ ~ke.... of the'. Ik~9iqgr ~,Qr De.ed{, 'Jor ~ :~mb.erlanQ CO,ttntyjn OeS-~]QDJ;.'~f$7, yt\l, ~2,-" m-.em_ " .., - ".. .. C~___ . . ,c~"'~-~_.-~-- ~E~aho\'e,m~fltion.~d Slerr$'lj},~ QriJt;'_is~ ..a]SO--k!1o,.\\-11 ~ a~. ~~errcts G~p :<).~:Jm,tll' ~Jldj:;_ ~~:n as IQl:Wship ~o>Jd I-Sot; a.~~cy _ ~ia~cf!!1C.same. ~____ _ ____~ -,-=-~- ~- ~,~ .- . '~"k~,%. ". 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 principai 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 ail have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and pubiished in their reguiar daily andlor Sundayl Metro editions which appeared on the 31 st day of October and the 7th and 14th day(s) of November 2000, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that ail of the ailegations 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 duiy 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 severaily by the stockhoiders and board of directors of the said Company and subsequently duly recorded in ~;'~::,:~;:~:m'"' · 000", '" ,", ro"'"~""'.O'?:1""",",,"'~~~'m COpy Swo n e me this 1st day 0 Notarial Saal S ALE #13 Terry L. Russell. Nota'Y Public . M C HarriSburg, DaUphin Coonly y ommlsSIOnElQJiresJUne6,2002 NARY PUBLIC Member, Pel1rt~tvanja As.~oc' lion, ... . .. 01 Nolanas My commiSSion expl(es June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COUR1rIOUSE 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 $ 286.80 1,50 288,30 Publisher's Receipt for Advertising Cost The Patriot News Co" publisher of The Patriot-News and The Sundav 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""""""""""".",."".,.,.,.,.,.,."".","""""""" RI!lAL ESTATE SALE NO. 13 Writ No, 2000-2696 Clvtl Bank of New York, as Trustee vs, David A, Barr (Dec'd) and Georgiann Barr Arty,: Frank Federman ALL that certain tract of land with the improvements thereon erected situate in North Middleton Town- ship. CUmberland County, pennsyl. Vania. bounded and described in accordance with a survey m~de by Thomas A. Neff, Registered Sur- veyor, on May 5, 1966, as fonows: BEGINNING at a point in the cen- ter line of Township Road T .504 known as Sterretts Gap Drive. which point of beginning is 579,73 feet South of the Southern l1ne of 33 feet wide Wagner Street; thence from said point at the Place of Beg1nn1ng along the center line of said Sterretts Gap Drive South 0 degrees 30 min. utes East, a distance of 100 feet to a point: thence along the Northern line of land now or formerly of George E. Herny South 89 degrees 30 minutes West, a distance of 200 feet to an iron pipe: thence st1ll along land now or formerly of George E. Herny North 0 degrees 30 minutes West. a distance of 100 feet to an iron pin; thence along line of land now or formerly of Merle I. Rhoads, No;rth 89 degrees 30 minutes East. a distance of 200 feet to a pOint in the center line of said Sterretts Gap Drive. the Place of BEGINNING. CONTAINING 100 feet in front along the center line of Sterretts Gap Drive and extending Westwardly therefrom at an even width a dis- tance of 200 feet, and being aU of Lot No. 2 as shown in the North- western area of the George E. Henry Plan of Lots recorded in the herein- after mentioned Recorder's Office in Plan Book 7. Page 49, and hav. ing hereon erected a concrete block garage and one story frame dwell- ing house known as and numbered 1842 Sterrets Gap Drive, BEING the same property which Larry Lou Deppen and Dolores W. Deppen. his wife, granted and con. veyed to James Robert Jones and Jean S. Jones, his wife, Grantors herein, by deed dated July 6th, 1967 and recorded 1Il the office of the Recorder of Deeds for Cumberland County 1Il Deed Book "K". Vol. 22, Page 772. THE above mentioned Sterretts Gap Drive is also known as Sterretts Gap -Avenue and 1s also known as Township Road T.504, and they are one and the same. '.~"''"~''"" '- .~~-- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : 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 ofthe said Cumberland Law Journal on the following dates, v!z: OCTOBER 27, NOVEMBER 3, 10,2000 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, ~Editor '"' SWORN TO AND SUBSCRIBED before me this 10 day of NOVEMBER, 2000 SEAL LOIS E. SNYDeR, ~ry Pub/ic Corlitle Bo.o. Cumberland County, PA My Commiuion Expires -",!>rth S. 2001 ilJj' - I,,"~<l[;~,.,,- ~ - - ,"- . ~ .. .- , BANK OF NEW YORK, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DAVID A. BARR (DECO) GEORGIANN BARR CIVIL DIVISION NO. 00-2696 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) BANK OF NEW YORK, AS TRUSTEE, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1842 STERRETTS GAP AVENUE, CARLISLE, P A 17013. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAVID A. BARR (DEC'D) GEORGIANN BARR 252 EAST CRESTWOOD DRIVE, APT. B-8 CAMP HILL, PA 17011 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 of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) America's Wholesale Lender To Be Determined ,~ -,. ~- . '.-- ,. NAME Name and address of every other person who has any record lien on the property: 5. " None LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 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 None LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 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 Domestic Relations of Cumberland County Commonwealth of P A Bureau ofIndividual Tax Inll1eritance Tax Division Internlll Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1842 STERRETTS GAP AVENUE CARLISLE, P A 17013 13 North Hanover Street Carlisle, P A 17013 Attn: John Murphy 6tb Floor, Strawberry Square Dept. #280601 Harrisburg, PA 17128 Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, P A 17105-8486 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. August 28, 2000 DATE ~*!~ F NK FEDE N, ESQUIRE --., Attorney for Plaintiff , '"-- \, . '~ BANK OF NEW YORK, AS TRUSTEE Plaintiff, CUMBERLAND COUNTY v. No. 00-2696 CIVIL TERM DAVIDA. BARR (DEC'D) GEORGIANN BARR Defendant(s). August 28, 2000 TO: DAVID A BARR (DEC'D) GEORGIANN BARR 252 EAST CRESTWOOD DRIVE, APT. B-8 CAMP HILL, PA 17011 "THIS FIRM ISA 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) at1842STERRETTS GAP AVENUE. CARLISLE. PA 17013, is scheduled to be sold at the Sheriff's Sale on DECEMBER 6. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by BANK OF NEW YORK. AS TRUSTEE (the mortgagee) against you. If the Sheriff's sale is postponed, the property Will be relisted for the MARCH 7, 2001 Sheriff s Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 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 fmd 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. " ~,":_,:;';~;0.i'~\;:t'S{i;~G:ifi~~('~~~~ ,-= . ~ , ,~< " .. , , . 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 YOURPROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. lfthe 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 TillS 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 . . . . . .~ - , ~ ^'~ -.\.: A~that certain tract or land with the improvements thereon erected situate in North Middleton Township. Cumberland County, Pennsylvania, oounded and descrioed in accordance with a survey made by Thomas A. Neff J Reg1ste:'ed Surveyor, on Ma.,- 5, 19-66, .83 follows: BEGINNINC at a ~cint in the center line of Township Road T-5a~ known as Sterrctts Gap Dr1ve, wh1~h point of oeginning is 579.73 feet South 0;.... the Sou:ha:'n l:.ne of' 33 feet w~de Wagner St:-eet j thence from ::;a1d point at the ?lece of Beginning along the center line of said Stcrretts Gap Drive South 0 degree: 30 minutes Ea:st, a distance at loa feet to a point; t~ance a:ong the- Northern 11ne o~ land no~ O~ ro~mer:y or George ~. Hen~ So~~h 89 degree: 30 ~nutes West~ a distan:e c~ 20a teet to.an ~~on plpe; t~enc~ $til: al~ng ~and now. 0: formerly ~t George S. ~en~y Scroth 0 degr-ee9 30' :ni~u:e:s '~res':) a d~!ftarrce' c~ 10-9 re~,': t.o an ~ron p~!"l i the~ce along line of ~ana nCW or formerly of Mer~e :. Rhoads, ~crth 39 degree~ 30 ~inutes ~ast. a distance of 200 feet to a point in the center ~ine of said Sterret~3 Gap ~rive,the P~ace of BEGINN!NG. CON~A:NtNG 100 feet in front along the center line of Sterretta Cap ~rive and extending Westwardly therefrom at an even width a distance of 2~O ~ee~ J and be:ng al::' ~r Lo'C No.2 'as s;"clIIn in the North'Western area of the George S. Henry Plan o! Lota recorded in the hereinar~er mentione1 Recorder' s .ol"ri.::e~ in ?lan Book 7. pa.ge ~9, and haVing hereon erected a concrete ~:ock garage and one stery trame' dwelling house known a8 and /'lumbered 18~2 Sterrets GaD Drive. , ' BEING the same property which Larry Lou Deppen and Dolores W. Deppen, hill. wUe. granted and conyeyed to. James Rooert Jones and Je:ln S. Jones. h15 ..ife ,GrantorS herein. by deed dated July 6th, 1967 o.:ld reccr'd~d in the of~lce of the Recor'der' of Deeds for C\.Imberland CcUl'lty in Deed Book "K", Vol. 22, Page 772. 'l1HE above menttoned Sterretts.Qap DriVe {s also .kno...n as Sterretts " Gap AVen~e and is also ~no...n as Township Road T-SOij, and they ~ one and the same. - 1- " - ,P,,~ . . . . . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-2696 Civil Term CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt. interest and costs due Bank of New York, as Trustee PLAINTIFF(S) from David A. Barr (Dec'd) and Georqiann Barr. 252 Fast Crestwood Drive. APt. B-8. Camp Hill, PA 17011 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: "' , "" ,. < .",-..,_ I :;~, and to notny. the garniShee'(~)itha,t:..(~,an at'a,c,l1lJJen!~as been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account bill 1Yt'tl MlI1dahl(s) ~~ljIrGm delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property olthe defendant(s) nou~BhiJ'Po'mansubject to attachment is found in,~hePQ~session Qf anyone other than a name'd garnishee, you are directedto notify him/herthat he/she has been added as a garnishee and is enjoined as above stated.,' Atty's Comm Atty Paid Plaintiff Paid % LL Due Prothy Other Costs .,,,-~,"L',,,,,,,,,,"-,,__~,...,,,,,,, ,_.' )1":- .,,,~~-- Amount Due $95,828.15 from 7/12/00 - 12/6/00 - $2,315.25 Interest and Costs (per diem - $15.75) ~=-~~""""" "$:'50' $1. 00 $130.92 Date: lI11rp,,,t- 1n. ?nnn Curtis R. Long Prothonotary, Civil Division '-.Qy: ~fJ/Y11J. 2. ~cY1/:>A~_r Deputy REQUESTING PARTY: Name Address: Frank Federman. Esq. Two Penn Center Plaza. Suite 900 Philadelphia. PA 19102 Attorney fOr: Plaintiff Telephone: 215 563 7000 Supreme Court ID No. 12248 ,ii_~"""1 ~1I1_jWjiJiS~!lilll__ -&6~ji!Ej;~~~nl~'" '......k .. ~~~,. ~'""',,g", ~.' ~ "- ~ . ' ~ . .. " AF ~ F; !Fe't'T'.f\T~ (f~ f,\l.1' ~ !1fl . ') "'';' Py ,: 1 '1 !!'''''~.' 1'1 ;' !'-> ,,,,' li~:1 tL 'i'H ~ ',\"! 1('11:: r! -.'.~j :~~" J . \1"~~ r-' :";.i;~I.\ ~ \._",\ ",_..' """"."", tl ~ "_.C l.~-" ,,~:.',~....__.L_ ,1,;1,(,.. t . .. [! ,"-- --. ,,~...-':'q, vi1 ~ 31, ~ the sheriff levied upon the defendants interest in the real property situated irvr1n::?~ 41f./~ :::tu!l6.?k Cumberland County. Pa" known3nd numberedas:JW) Jl;4~~ (!a. < a,.Jl.- and more Hh. ,t:scribed on exhibit "A" ftl8dwlth . e c:::;:;I CViJ s:::::::J <S:e> ~ this writ and by this reference incorporated h8r81n. 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