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6. The following amounts are due on the mortgage:
Principal Balance
Interest
11/1/95 through 12/1/96
(Per Diem $20.90)
Attorney's Fees
Cumulative Late Charges
10/14/94 to 12/1/96
Cost of Suit and Title Search
Subtotal
$82,461.21
8,255.50
4,123.00
409.68
550.00
95,799.39
Escrow
Credit
Deficit
Subtotal
TOTAL
0.00
2. 128.94
2.128.94
$97,928.33
7. This action does not come under Act 6 of 1974 because the
original mortgage amount exceeds $50,000.00.
8. The Temporary stay as provided by the Homeowner's
Emergency Mortgage Assistance Program, Act 91 of 1983,
has terminated because 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 "B".
9. Pursuant to the Fair Debt Collection Practices Act, 15
U.S.C. S 1692 et seq. (1977), Defendant(s) may dispute
the validity of the debt or any portion thereof. If
Defendant(s) do so in writing within thirty (30) days
of receipt of this pleading, Counsel for Plaintiff will
obtain and provide Defendant(s) with written
verification thereof; otherwise, the debt will be
assumed to be valid. Likewise, if requested within
thirty (30) days of receipt of this pleading, Counsel
for Plaintiff will send Defendant(s) the name and
address of the original creditor if different from
above.
WHEREFORE, PLAINTIFF demands JUdgment against the Defendant(s) in
the sum of $97,928.33, together with interest fro~ 12/1/96 at the
rate of $20.90 per diem to the date of Judgment, and other costs
and charges collectible under the mortgage and for the
foreclosure and sale of the mortgaged property.
.?-'r-~M'-~ r ~~
Isl Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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FEDERMAN AND PHELAN, P.C.
S1JIT1900
TWO PIIfH aHTtI ,l.A.ZA
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~corma' (0) UI-90661
1HlS NOT1C1lS S1H1' TO YOU IN AN Amwrr
TO cower TH! IHDUTlDNUS U1D.l1D TO
HD!IH AND A1ff INPOlNAnOHo.TAJNID noN
YOIl W1lJ. U \J!!Il POl T1lAT PIlU'OSI,
AIlMI/flJTlA roo
DOHALD I. ooooMAH
June 6, 1996
Kathleen M. Albright
4170 Kittatinny Drive
Mechanicsburg, PA 17055
Re: Premises:
Loan No.:
4170 Kittatinny Dr., Mechanicsburg, PA 17055
2397842
NOTICE OF INTENTION TO FORECLOSE
We represent Accubanc Mortgage corporation, the holder of the
Mortgage on the above-referenced premises, who hereby advises that
it will accelerate your Mortgage (demand payment in full) and
pursue the foreclosure remedies permitted by the mortgage unless
your loan delinquencies are cured as provided below.
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE
INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM
YOU WILL BE USED FOR THAT PURPOSE.
You may dispute the validity of the debt or any portion
thereof. If you do so in writing wi thin thirty (30) days of
receipt of this letter, this firm will obtain and provide you with
written verification thereof; otherwise, the debt will be assumed
to be valid. Likewise, you may request the name and address of the
original creditor if different from above.
The total delinquency, including late and other charges is
$6,649.34 for the months of 12/1/95 through 6/1/96. Your failure
to pay the delinquent amount, plus any additional monthly payment
and late and other charges (including any accrued interest) that
may come due within the next thirty (30) days, will result in the
acceleration of all sums due under your Mortgage. After
acceleration occurs, a foreclosure action or any other remedy
permitted by your mortgage may be instituted.
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ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE
INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM
YOU WILL BE USED FOR THAT PURPOSE.
The Commonwealth of Pennsylvania's Homeowner's Emergency
Mortgage Assistance Pr~gram may be able to help you. Read the
following notice to find out how the program works.
If you need more information call the Pennsylvania Housing
Finance Agency at 1(800) 342-2397.
La notificacion en ad junto es de suma importancia, pues
afecta su derecho a continuar viviendo en su casa. Si no
comprende el contenido de esta notificacion obtenga una
traduccion immediatamente llamanda esta agencia (Pennsylvania
Housing Finance Agency) sin cargos al numero mencionado arriba.
puedes ser elegible para un prestamo por el programa llamado
"Homeowner's Emergency Mortgage Assistance Program" el cual puede
salvar su casa de la perdida del derecho a redimir su hipoteca.
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCV MORTGAGE ASSISTANCE
PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
Date: June 6, 1996
RE: Account No. 2397842
Premises: 4170 Kittatinny Dr., Mechanicsburg, PA 17055
TO: Kathleen M. Albright
4170 Kittatinny Drive
Mechanicsburg, PA 17055
FROM: Accubanc Mortgage corporation
You may be eligible for financial assistance that will
prevent foreclosure on your mortgage if you comply with the
provisions of the Homeowners' Emergency Mortgage Assistance Act
of 1983 (the "Act"). You may be eligible for emergency temporary
assistance if your default has been caused by circumstances
beyond your control, you have a reasonable prospect of resuming
your mortgage payments, and if you meet other eligibility
requirements established by the Pennsylvania Housing Finance
Agency. Please read all of this Notice. It contains an
explanation of your rights.
, ~
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 a representative of this lender, or
with a designated consumer credit counseling agsncy. The purpose
of this meeting is to attempt to work out a repayment plan, or to
otherwise settle your delinquency. This meeting must occur in
the next (30) days.
If you attend a face-to-face meeting with this lender, or
with a consumer credit counseling agency identified in this
notice, no further proceeding in mortgage foreclosure may taks
place for thirty (30) days after the date of this meeting. The
name, address and telephone number of our representative is:
FEDERMAN AND PHELAN, SUITE 900, TWO PENN CENTER PLAZA,
PHILADELPHIA, PA 19102; Telephone Number: (215) 563-7000.
The names and address of designated consumer credit
counseling agencies are shown on the attached sheet. It is only
necessary to schedule one face-to-face meeting. You should
advise this lender immediately of your intentions.
Your mortgage is in default because you failed to pay
promptly installments of principal and interest, as required, for
a period of at least sixty (60) days. The total amount of the
,delinquency is $6,649.34.
That sum includes the following:
Total of monthly payments from 12/1/95 to 6/1/96including all
accrued late charges, if any: $6,613.34
Property inspections and NSF check charges,
if any:
36.00
other charges accrued, if any:
Q.....QQ
LESS: Suspense (unapplied funds):
TOTAL AMOUNT OF DELINQUENCY:
-0.00
$6,649.34
Your mortgage is also in default for the following reasons:
N/A
If you have tried and are unable to resolve this problem at
or after your face-to-face meeting, you have the right to apply
for financial assistance from the Homeowners' Emergency Mortgage
Assistance Fund. In order to do this, you must fill out, sign
and file a completed Homeowners' Emergency Assistance Application
with one of the designated consumer credit counseling agencies
listed on the attachment. An application for assistance may only
be obtained from a consumer credit counseling agency. The
consumer credit counseling agency will assist you in filling out
your application and will submit your completed application to
the Pennsylvania Housing Finance Agency. Your application must
be filed or postmarked, within thirty (30) days of your face-to-
face meeting.
II is t:a,.m'~Y impotllJnl Uwl you rUt your applicalion promptly. l[You do not do so, or if you do nol
follow IlIt olll., liml fNriods SlI fOrfh in Ihis /en." fortelosu", may pro..,," agailUl you, holM imml"u.I4~Y.
Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the
eligibility criteria established by the Act.
It is extremely important that your application is accurate
and complete in every respect. The Pennsylvania Housing Finance
Agency has sixty (60) days to make a decision after it receives
your application. During that additional 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
that Agency of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101
North Front street, Post Office Box 8029, Harrisburg,
Pennsylvania 17105. Telephone No. (717) 780-3800 or 1-800-342-
2397 (toll free number). Persons with impaired hearing can call
1-800-342-2397.
In addition you may receive another notice from this lender
under Act 6 of 1974. That notice is called "Notice of Intention
to Foreclose". You must read both notices, since they both
explain rights that you now have under Pennsylvania law.
However, if you choose to exercise your rights described in this
notice, you cannot be foreclosed upon while you are receiving
that assistance.
Very truly yours,
FEDERMAN AND PHELAN
By:
Frank Federman
FF/mtm
cc: Quality Loan Servicing corp., Santa Ana, CA
Attn: David Even Loan No.: 2397842
Sent by Regular Mail, Certificate of Mailing (PS Form 3877)
PE"'~SYLVA..~1A HOUSING FINANCE AGENCY
HOl\lmOWNER'S E""mRGENCY MORTGAGE ASSISTA.."iCE PROGRA.J.~
CONSIDmR CREDIT COUNSELING AGENCIES
CRAWFORD COUi'llY
[
Booktr T. Washington Center
1720 Holland Street
Erie, PA 16503
(81';) ';53.57014
FAX It (81';) .;53-5N9
Greater Erie CommU11iry Action Commiaee
18 West Ninth Street
Erie, PA 16501
(81';) .;594581
FAX It (81';) .;56-0161
Shell3llgo Villey Urbank Le:lgue, lIIc.
601 lIIdiana A venue
Farrell. PA 16121
(';12) 981-5310
cnmERLA.'\j1) COt~lY
COllS1llller Credit Counselillg Service oi Weslem PellDSylv:ll1i3. !nc,
2000 Linglestown Road
Harrisburg, PA 17102
(717) 5';1-1757
Fi.n:lncial Services Uolimired
117 Est 3rd Street
Waynesboro. PA 17268
(717) 762-3235
Urban League of MetropoUWI Harrisburg
25 ;-I, Front SlIeet
H=isburg, PA 17101
(717) 234-5925
FAX It (717) 2324985
YWCA of Carlisle
301 G, Street
Cartisle. PA 17013
(717) 243-3818
FAX ;/ (717) 2';3.3948
The Peonsylv:utia Housing Fillaoce Agency c:l1l be re:lcheu TOLL FREE al 1(800) 3';2.2397
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Being Premises: 4170 Kittatinny Drive, /1:!d1anicsburg, PA
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.legal description.
ALL THAT CERTAIN lot or tract of land with the improvements erected
thereon,
SITUATE in Hampden Township, Cumberland county, Pennsylvania, as set
forth on the Final Subdivision Plan for Mountain View Village, Phase
IV, dated June 1, 1989 and recorded May 7, 1990 in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan
Book 60, page 87, more particularly bounded and described as follows to
wit:
BEGINNING at a point on the Northern right-of-way line of Kittatinny
Drive (64' wide private), at the dividing line of Lot #66 and Lot # 67;
said point also being located 521.28 feet West of the Northwest corner
of Kittatinny Drive and Tussey Court.
THENCE by the northern right-of-way line of Kittatinny Drive North 82
degrees 02 minutes 02 seconds West 20.00 feet to a point; thence by line
of Lot #68 and passing through the center of a partition wall North 07
degrees 57 minutes 58 seconds East 100.00 feet to a point; thence by
line of land now or formerly of J.P. Roth, South 82 degrees 02 minutes
02 seconds East 20.00 feet to a point; thence by aline of Lot #666 and
passing through the center of a partition wall South 07 degrees 57
minutes 58 seconds West 100.00 feet to a point on the Northern right-
of-way line of Kittatinny Drive, the place of BEGINNING.
CONTAINING 2,000 square feet.
BEING Lot #67 on Final Subdivision Plan of Mountain View Phase IV
Recorded in Plan Book 60 page 87B.
BEING #10-151-285-117.
TITLE TO SAID PREMISES IS VESTED IN Kathleen M. Albright, single woman,
by Deed from Yingst Homes, Inc., a Pennsylvania Corporation, dated
10/13/94 recorded 11/15/94 in Record Book 114 page 967.
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FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
suite 900
TWo Penn Center Plaza
Philadelphia, PA 19102
(215) 563-7000
ATTORNEY FOR PLAINTIFF
ACCUBANC MORTGAGE CORPORATION
CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
VB.
.
.
KATHLEEN M. ALBRIGHT
: NO. 97-118 CIVIL
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 KATHLEEN M. ALBRIGHT is over 18 years
of age and resides at 133 WEST LOCUST STREET, MECHANICSBURG, PA
17055.
This statement is made subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification to authorities.
,
~!::; 1//' d.L.'., tel' '0 I
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
You may need an attorney to assert your righto. 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
RIGH~S EVEN IF THE SHERIFF'S SALE DOES TA~E PLACE.
1.
be sold
calling
If the Sheriff's Sale
to the highest bidder.
12151 56)-7000.
is not stopped, your property will
You may find out the price bid by
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
Sheriff the full amount due in the sale.
happened, you may call (215) 563-7000.
if the buyer pays the
To find out if this has
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 on 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
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
COURT ADMINISTRATOR
4th floor
Cumberland County Courthouse
(717) 240-6200
.legal description.
ALL THAT CERTAIN lot or tract of land with the improvements erected
thereon,
~
~
SITUATE in Hampden Township, Cumberland County, Pennsylvania, as set
forth on the Final Subdivision Plan for Mountain View Village, Phase
IV, dated June 1, 1989 and recorded May 7, 1990 in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan
Book 60, page 87, more particularly bounded and described as follows to
wit:
BEGINNING at a point on the Northern right-of-way line of Kittatinny
Drive (64' wide private), at the dividing line of Lot #66 and Lot # 67;
said point also being located 521.28 feet West of the Northwest corner
of Kittatinny Drive and Tussey Court.
THENCE by the northern right-of-way line of Kittatinny Drive North 82
degrees 02 minutes 02 seconds West 20.00 feet to a point; thence by line
of Lot #68 and passing through the center of a partition wall North 07
degrees 57 minutes 58 seconds East 100.00 feet to a point; thence by
line of land now or formerly of J.P. Roth, South 82 degrees 02 minutes
02 seconds East 20.00 feet to a point; thence by aline of Lot #666 and
passing through the center of a partition wall South 07 degrees 57
minutes 58 seconds West 100.00 feet to a point on the Northern right-
of-way line of Kittatinny Drive, the place of BEGINNING.
CONTAINING 2/000 square feet.
BEING Lot #67 on Final Subdivision Plan of Mountain View Phase IV
Recorded in Plan Book 60 page 87B.
BEING #10-151-285-117.
TITLE TO SAID PREMISES IS VESTED IN Kathleen M. Albright, single woman,
by Deed from Yingst Homes, Inc., a Pennsylvania corporation, dated
10/13/94 recorded 11/15/94 in Record Book 114 page 967.
*legal description.
ALL THAT CERTAIN lot or tract of land with the improvements erected
thereon,
SITUATE in Hampden Township, Cumberland county, Pennsylvania, as set
forth on the Final Subdivizion Plan for Mountain View Village, Phase
IV, dated June 1, 1989 and recorded May 7, 1990 in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan
Book 60, page 87, more particularly bounded and described as follows to
wit:
BEGINNING at a point on the Northern right-of-way line of Kittatinny
Drive (64' wide private), at the dividing line of Lot #66 and Lot # 67;
said point also being located 521.28 feet West of the Northwest corner
of Kittatinny Drive and Tussey Court.
THENCE by the northern right-of-way line of Kittatinny Drive North 82
degrees 02 minutes 02 seconds West 20.00 feet to a point; thence by line
of Lot #68 and passing through the center of a partition wall North 07
degrees 57 minutes 58 seconds East 100.00 feet to a point; thence by
line of land now or formerly of J.P. Roth, South 82 degrees 02 minutes
02 seconds East 20.00 feet to a point; thence by aline of Lot #666 and
passing through the center of a partition wall south 07 degrees 57
minutes 58 seconds West 100.00 feet to a point on the Northern right-
of-way line of Kittatinny Drive, the place of BEGINNING.
CONTAINING 2,000 square feet.
BEING Lot #67 on Final subdivision Plan of Mountain View Phase IV
Recorded in Plan Book 60 page 878.
BEING #10-151-285-117.
TITLE TO SAID PREMISES IS VESTED IN Kathleen M. Albright, single woman,
by Deed from Yingst Homes, Inc., a Pennsylvania corporation, dated
10/13/94 recorded 11/15/94 in Record Book 114 page 967.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACCUBANC MORTGAGE CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
KATHLEEN M. ALBRIGHT
IIJ'
NO. 97-l-tHl- CIVIL
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss:
I, FRANK FEDERMAN, ESQUI HE ilttol'ney tor ACCUBANC MORTGAGE
CORPORATION hereby verity that on APRIL 14. 1997 true and correct
copies of the Notice of Sheriff's Sale were served by certificate
of mailing to the recorded lienholder, and any known interested
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party see Exhibit "AU attached hereto. Notice of Sale was sent to
the Defendant(s) on APRIL 14. 1997 by first class mail and
certified mail, return receipt requested, see Exhibit "B" attached
hereto. Defendant(s) I certified mail was not returned.
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FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DATE: June 2. 1997
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Affix t.. h.r.1n .ump.
.
MAY BE USED FOR DO MEsne AND INTERNATIONAL MAll, DOES NOT
PROVIDE FDA INSURANCE-POSTMASTER . -- ...
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On. pi.ce of o,ch".ry mIll IddieJ..d 10:
TENANT/oceURANT
4170 KIT'l'WcillY flRI'JE
MECHANICSBURG, PA 17055
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PSForm 3817. Mor, 1989
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MAY 8E USED 'OR OOMfSnC AND INTERNATIONAL MAil. ~OES NOT
PROYIDl FOR INSURANCE-POSTMASTER
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FEDER/!.AN AND PHELAN
Swi:o JGQ
Two P~nn Cenler Plaza
F'l'1l1acelpnl<l. F'A 1910~
One pilei or ordln.ry m.U .ddll...d 10:
KATHLEEN M. ALBRIGHT
133 WEST LOCUST STREET
PS Form 3817. Mor, 1989
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} 55.
I, _ __ !t<?i!HJ._ _~_ ~J.la:ll'J:,._ ___ ___ ____. ____ ______ _ __ __ __ _ _ _ _ __ _. ____ _. __ u.__ __ __ Record.. 01
need, in and lor .aid Counlr and Stale do he",b)' certil)' thallhe SheriII'. need in which ________________
Federal Home Loan Hortgage Corp .
-----------.----.----------.---------------.------------.-.---------.--------___.___" the Kranlee
the .ame havinK hem .old 10 .aid Kranlee on the ___..4.tb___._____.___.h___________________.___ da)' 01
_____~~,n." _______ _ _ __ u __. __ __ __ _. u. . u A. n" 19_ _~?_ _. _, uoder and hr virtue 01 a writ______________
, .
.____~!'_'::~~_i_~~___m_______ __ _ _ ___ __ _ __ __ ___. _ i..ued on the _ __! ~!!~ ___ __ _____ m_ __ ___m_______
day ol ____~~!_c_I~_ .____._ _ _ ___.. _ A, Il" I!I. 9.7 _, out ollhe Court 01 COOlman Pic.. ol .aid Count)' .. 01
Ci v 11
97
_______n__._____ ________________h_______h___h_ Tern,. 19______.
Number ____g_B_______, al the ,uit ol _ !'_c_c:~~.a}!c: _~_".~~~!'.Ji,,_ ~.o_~E__ __ _ __u___ _______________________
Kathleen H Albright
------ - - --- ----- ------- - -. - - - - - - - - - nKain~t - _.. - - - - _ _ - - - _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ __ _ _ _ _ _ __ ill
dulyrecorded in She rill'. Deed Book No. _ __ ~~_l_ _ ____, l'aKe ___I_~~______.
IN nSI'IMONY WHEREOF, I have he",unlo
~
.et m)' hand a"d ,eal 01 .aid ollice this _L'l.____ day
.. ;.{r-Tt--------~T;t tfL
--N-i~;~~io;~,
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NOTARiAl SEAL
RECORDER OF DEEDS,/OOTARY I'UBI Ie
LARlISIF CIIMBER,AND COUlilY COIJRT HOIJ~f
'-11 rG'.lI,."iS'IJ~~ [IPtRES JMm:'RV 1. \I~1B
Accubanc Mortgage Corporation
vs
Kathleen M. Albright
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 97-118 Civil Term
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, says on April 2, 1997
at 12:54 o'clock P,M" E.S.T.. he posted the property of Kathleen M, Albright at 4170 Kittatinny
Drive, Mechancisburg, Cumberland County, Pennsylvania, with a copy of Real Estate Writ,
Notice Poster and Description according to law.
Kirsten Mertz, Deputy Sheriff, who being duly sworn according to law, says on April 14,
1997 at 7:39 o'clock P.M., E,D.S.T., he served true copies of Real Estate Writ Notice Poster and
Description, in the above entitled action upon the within named defendant, to wit: Kathleen M.
Albright atD3 W. Locust Street, Apt 101, Mechanicsburg, Cumberland County, Pennsylvania,
its contents and at the same time handing to her personally the said true and attested copy of the
same.
R, Thomas Kline, Deputy Sheriff, who being duly sworn according to law, says that he served
Real Estate Writ, Notice Poster and description in the following manner: The Sheriff mailed one
of the within named defendants, to wit: Kathleen M, Albright, a notice of the pendency of the
action by regular mail to her last known address at 133 West Locust Street Apt. 101,
Mechanicsburg, Pennsylvania 17055, This letter was mailed under the date of April 15, 1997,
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 within described premises at public
venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania on June 4. 1997
at 10:00 o'clock A.M., E.D.S.T" and sold the same for the sum of$55,OOO.00 to Attorney Frank
Federman for Federal Home Loan Mortgage Corporation Its successors and assigns at
Foreclosure Unit, Mall stop 61, Vienna Va 22183-5000. It being highest bid and the best price
recci ved for the same Federal Home Loan Mortgage Corporation, Its successors and assigns at
Foreclosure Unit Mail Stop 61. Vienna Va 22183-5000, being the buyer in this Execution paid
SheriffR, Thomas Klinc, the sum of $2,907.42, it being poundage stamps etc. Sheriffs Costs
listed below. See attached distribution sheet for additional costs,
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
County
Mileage
Cert Mail
Levy
Surcharge
Legal Search
Law Journal
30.00
1,066.18
15.00
15.00
30.00
10.00
.50
1.00
17.36
..65
15.00
4.00
150,00
256,25
Patriot
Posters
Distribution of Proceeds
Sheriff s Deed
1997 Co. Twp & Lib
Sewer
Total
228.85
28.83
25.00
24.50
206.62
782.68
$2,907,42.
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Sworn and subscribed to before me
So answers: ,,(/ //(/'
--'"/?.-"'. ,.,'"",,-/
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R.1(horriris 'Klin~. Sheriff
By /)
Li.l<..ttlL JJ ay~
Real Est&7e Deputy
this 1/ '!:' day of 0"'1 u...r 1997
<-L..... c., ^'-'-~ u2fIi J
Pr6thonotury
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~Q\ .;v ~ 'i'; )1Y
REAl. ESTATE SALE No.
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ACCUBANC MORTGAGE CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
VB.
CIVIL DIVISION
KATHLEEN M. ALBRIGHT
NO. 97-118 CIVIL
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
March 7, 1997
TO: KATHLEEN M. ALBRIGHT
133 WEST LOCUST STREET
MECHANICSBURG, PA 17055
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.
'lour house (real estate) at 4170 KITTATINNY DRIVE.
MECHANICSBURG. PA 17055, is scheduled to be
sold at the Sheriff's Sale on JUNE 4. 1997 at 10:00 a.m. in the
Cumberland County Courthouse, South Hanover street, Carlisle, PA
17013, to enforce the court judgment of $99.265.93 obtained by
ACCUBANC MORTGAGE CORPORATION (the mortgagee) against you.
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 find out how much you must pay,
you may call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition
asking the Court to strike or open the judgment, if the
judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner
you contact one, the more chance you will have of stopping the
sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1.
be sold
calling
If the Sheriff's Sale
to the highest bidder.
/215\ 563-7000.
is not stopped, your property will
You may find out the price bid by
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
Sheriff the full amount due in the sale.
happened, you may call (215) 563-7000.
if the buyer pays the
To find out if this has
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 on This
schedule will state who will be receiving that money. The money
will be paid out in accordance with this schedule unless excepticns
(reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after
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
COURT ADMINISTRATOR
4 th floor
Cumberland County Courthouse
(717) 240-6200
*legal description*
ALL THAT CERTAIN lot or tract of land with the improvements erected
thereon,
SITUATE in Hampden Township, Cumberland county, Pennsylvania, as set
forth on the Final Subdivision Plan for Mountain View Village, Phase
IV, dated June 1, 1989 and recorded May 7, 1990 in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan
Book 60, page 87, more particularly bounded and described as follows to
wit:
BEGINNING at a point on the Northern right-of-way line of Kittatinny
Drive (64' wide private), at the dividing line of Lot #66 and Lot I 67;
said point also being located 521.28 feet West of the Northwest corner
of Kittatinny Drive and Tussey Court.
THENCE by the northern right-of-way line of Kittatinny Drive North 82
degrees 02 minutes 02 seconds West 20.00 feet to a point; thence by line
of Lot #68 and passing through the center of a partition wall North 07
degrees 57 minutes 58 seconds East 100.00 feet to a point; thence by
line of land now or formerly of J.P. Roth, South 82 degrees 02 minutes
02 seconds East 20.00 feet to a point; thence by aline of Lot #666 and
passing through the center of a partition wall South 07 degrees 57
minutes 58 seconds West 100.00 feet to a point on the Northern right-
of-way line of Kittatinny Drive, the place of BEGINNING.
CONTAINING 2,000 square feet.
BEING Lot #67 on Final Subdivision Plan of Mountain View Phase IV
Recorded in Plan Book 60 page 87B.
BEING #10-151-285-117.
TITLE TO SAID PREMISES IS VESTED IN Kathleen M. Albright, single woman,
by Deed from Yingst Homes, Inc., a Pennsylvania corporation, dated
10/13/94 recorded 11/15/94 in Record Book 114 page 967.
~
LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
NONE
r
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:
~
LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
NONE
7. Name and address of every other person whom the plaintiff has
knowledge who has any interest in the property which may be
affected by the sale:
~
LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
1..ENANT/OCCUPANT
4170 KITTATINNY DRIVE
MECHANICSBURG. PA 17055
I verify that the statements made in this affidavit are
true and correct to the best of my personal knowledge or
information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating
to unsworn falsification to authorities.
March 5. 1997
DATE
I
__,.,,1, 'I
'-_. J -;- I...{ !~'L..
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
I
--..-,
.-'..L(','._'-
Proof of Publication of Notite in The Patriot and The Evening News
and The Sunday Patriot-News
UDdu .'('t No. 581. I\rprond Ma,. 1ft. t~,
Commonwealth of penn'"h,unia.} .
CO/mly of nUl/phi" ..,.
..........,......,..........Jg9,!)!,IS.t..!':I,~?.I:',!:,~~........................,beinll' duly sworn according to law, deposes and says:
Asst. Controller
That he Is the ......................,..,..of THE PATRIOT -I\EWS CO" a corporation orl!'anized and existing
under the laws of the Commonwealth of Pennsylvania, with it. principal office and place of business at
812 to 818 Market Street, in the City of Harrl"buf!C, County of Dauphin, State of Pennsylvania, owner
and publisher of THE PATRIOT and THE EVENING NEWS and the SUNDAY PATRIOT-NEWS
newspapers of general circulation, printed alld Pllbli.hcd at 812 to 818 Market Street, in the City.
County and State aforesaid; that THE PATRIOT and THE EVENING NEWS and the SUNDAY
PATRIOT. NEWS were established March 4th, 1854, anrl February 15th. 1917 and September 18th.
1949. respectively. and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto Is exactly as printed and
Metro West 29th day of April and
published In their regular ,Alditions and Issues which appeared on the ..,....,............................,....................,
the 6th and 13th days of May 1997.
........................................................................................................................................................................................
That neither he nor said Company Is interested In the subject matter at said printed notice or adver-
tisin". and that all at the allegations of this statement as to the time, place and character of publication
are true; and
That he has personal knowledge at the facts aforesaid and Is duly authorized and empowered to
verity this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolu-
tion unanimously passed and adopted severally by the st09\tOlderS/l,lnd board of directors of the said
Company and subsequently duly re.:orded in the office for tht ~ rdtK.of Deeds In and for said County
at Dauphin In Mi...dl.noou.llook "M". Volum.' 11.1'.... .117, I' L l "\-1 Q~
Copy ot Notice or Publication ............................,...l,i, , Ik",..:C..........:..,....:..~..........,..................
Sworn to and .ub.cribed,b ore me t 'i~ .A.!HL.....day of
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Har,iltltJ'g,Ooupl,," O<Jnry atary Public
~y Comm;~..oo E.p.... "no 6, 1m
My comm '~'CI~"'"''''''''
Statement of Advertising Costs
C,umb,~r,l.,1,\IJ.Q,..r;,Q.J.\IJ.j;y...,S/:\~.+..it;,f.:;..,.Qtt;,j,!<,!).,
Carlisle PA. 17013
..,......,....1......"."",.."....,..",....",....,.""................,.....
To TilE PATRIOT-NEWS CO., Dr.
For publiHhing the notice or publication attached hereto on the
above stated dates - $........~.~.?:,~.?......
P b . $ 1. 00
ro atmg same ........2'2.fr:.il.~.....
Total $............................
Publisher's Receipt for Advertising Costs
THE PATRIOT.NEWS CO., JlUblisher of TilE PATHIOT allll THE EVENING NEWS and the
SUNDA Y PATRIOT-NEWS, new.paper. of gencl'Rl circulation. hereby acknowledl(e receipt of the
aforesaid notice and publication costs and certifies thut the same have beell dul)' paid.
TilE PATRIOT-NEWS CO.
fly.........
....................................,......................................
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TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO TIlE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN TIlE POLICY UNLESS SATISFACWRY
EVIDENCE PERMITIING THEIR REMOV AL IS PRODUCED.
SHERIFF SALE NO, 12
Held Wednesday, June 4, 1997
Date: June 18, 1997
TAXES: Receipts for all taxes for the years 1992 to 19<)6 inclusive, Taxes for the current year
1997.
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumherland County Sheriff to
dated , 1997, and recorded
, 1997, in Cumberland County Deed Book , Page
RECITAL: Being the same premises which Yingst Homes, Inc., a Pennsylvuniacorporation. by
deed dated October 13, 1994 and recorded November IS, 1994 in the Office of the Recorder of
Deeds in and for Cumberland County, in Deed Book 114, Page 967. granted and conveyed to
Kathleen M. Albright, single womun,
OTHER EXCEPTIONS:
1 . The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing allomey acting for this Company,
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements. discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes. if required,
5. Public and private rights in the roadbed of the 64 foot wide private road known as
Killatinny Drive,
6. Conditions a~ shown on Plun of Mountain View Village, Phase IV recorded in Plan
Book 60, Page 87.
7. Building and use restrictions, covenants und easements created by instruments referred
to in deed recorded in Deed Book 114, Puge 967, as follows:
(i) Declaration of Covenants, Conditions. Restrictions and Easements for Wyndham
Place recorded in Miscellaneous Record Book 382. Puge 787.
(ii) Amendment to Declaration of Covenants. Conditions. Restrictions and Eusements
for Wyndham Place recorded in Miscellaneous Record Book 393, Page 557,
(iU) Second Amendment to Declaration of Covenants. Conditions. Restrictions und
Easements for Wyndham Place recorded in Miscellaneous Record Book 414. Page
1002.
8. Conditions as set forth in deed recorded in Deed Book 104. Page 779.
9. Conditions as set forth in deeds recorded in Deed Book "U". Volume 34. Puge 870.
Deed Book "V". Volume 33. Puge 384, Deed Book "1'''. Volume 26. Page 493. und
Deed Book "0", Volume 34. Puge 239.
10. Rights granted to Pennsylvania Power and Light Com puny by instrument recorded in
Miscellaneous Record Book 181. Puge 936.
11. Rights granted to United Tclephone Compuny of Pennsylvunia by instrument recorded
in Miscellaneous Record Book 356. Page 307,
12. Possible rights granted to Pennsylvania Power ,md Light Company by instnllnent
recorded in Miscelluneous Record Book 383. Puge 863,
~
13. Possible rights granted to UGI Corporation by instrument recorded in Miscellaneous
Record Book 521. Page 497,
14. 20 foot easement as shown on plan recorded in Plan Book 70. Page 47 and designated
therein as a utility easement and 20 foot easement as shown on plan recorded in Plan
Book 62. Page 8 designated therein as a sanitary sewer casement.
15. Satisfactory evidence to be produced that proper notice was given to the holder of all
liens and encumbrances intended to be divested by subject Sheriff Sale.
16. Mortgage given by Kathleen M. Albright. individually. to Susquehanna Valley
Mortgage dated October 14. 1994 and recorded November 15. 1994 in Mortgage Book
1241. Page 732 in the amount of $83.000.00. which mortgage was thereafter assigned
to Accubanc Mortgage Corporation by instrument dated October 14. 1994 and recorded
November 15. 1994 in Miscellaneous Record Book 486. Page 18.
Complaint in Mortgage Foreclosure filed January 9. 1997 to No. 1997-00118 by
Accubanc Mortgage Corporation and against Kathleen M. Albright to which a default
judgment was entered on March II. 1997 in the amount of $90.265.93 to which a Writ
of Execution was issued on March 11. 1997 in the amount of $99.265.93.
17. Real estate taxes accruing on and after July 1. 1997. not yet due and payable.
V A ~ 7~
Stephe D. Tiley. Agent
Note: This Title Repon shall not be valid or binding
until counlersigned by an authorized signalOry.
~
~
REAL ESTATE SALE :--;0 12
51.000,00 AdvOJ1ce COSIS PaiJ 3-11-97 Any, Frank Federman
Assessed Valuation 5 6,830.00
\\"RlT ~O 97-118 Civil Tenn
Accubanc Mortgage Corporation
VS
Kathleen M. Albright
4170 Kittatinny Drive
"Mechanicsburg, Pa.
REAL DEBT
I:-iTEREST
A TT'S FEES
\\"RlT COSTS ATTY
ESCROW
LATE CH.-\RGE
SHERIFF'S COSTS
Docketing
Poundage
Posting Bills
Advertising
Acknowblging Deed
Auctioneer
Law Library
County
;"'lileage
Cert \lail
Levy
Postpone Sale
Surcharge
99,265.93
1,108.80
98.20
30.00
1,066.18
15.00
15.00
30.00
10.00
.50
1.00
17.36
.65
15.00
4.00
Legal Search
ADVERTISf::G:
Law Journal
Patriot
Share of Bills
Distributi'Jn of ProceeJs
Sherifr-s DeeJs
STA\IPS
Pa. T rans:\:r T J.\
T\\f oJr B,Jr" Trans:\:r TJ\
T,\:\ES
1997 Co. Twp & Lib
SEwer
150.00
256.25
2M:91
25.00
24.50
206.62
782.68