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Home My WebLink About01-0721 FX ~ ~ ^-~~-- "~ '~~i J~~ il.W ';~--~!t, FEDERMAN AND PHELAN, LLP By; FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEY ARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC., F/KIA AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRNE PLANO, TX 75024 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 0 j-7cY-' C;o " J v. CUMBERLAND COUNTY ii' DA YID MERLE KYLER LISA A. KYLER 118 HOGESTOWN ROAD MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE 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 HA YE 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, P A 17013 (717) 249-3166 Loan #: 8943335 - . ,,",- .., ~ 'w:.a ' ~ ~. -i~~',\1,' 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC., FIK/ A AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRNE PLANO, TX 75024 2. The name(s) and last known address (es) of the Defendant(s) are: DAVID MERLE KYLER LISA A. KYLER 118 HOGESTOWN ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/8/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1186, Page 1075. 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." ~ ~. " ~ W' """"'"""",>'_ 6. The following amounts are due on the mortgage: Principal Balance Interest 9/1/99 through 1/1/01 (Per Diem $14.79) Attomey's Fees Cumulative Late Charges 12/8/93 to 1/1/01 Cost of Suit and Title Search Subtotal $73,222.18 7,232.31 3,661.00 27.04 550.00 $84,692.53 Escrow Credit Deficit Subtotal 0.00 1.447.58 $1,447.58 TOTAL $86,140.11 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 pwchaser at Sheriffs 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. g1680.403c 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 sum of $86,140.11, together with interest from 1/1/01 at the rate of$14.79 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the forec1oswe and sale of the mortgaged property. =r~1-~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,'.' >" > ,~, . ,~"" ~,-'""i' S~lld Correspoli,-_.,ce to: P,O. 80)( 10221 V8TI NuyS, CA 91410-0221 Send Payments to: P.O. 80x 10t19 Van Nuys, CA 9141C).Q219 December 1, 1999 Certified Mail No. Return Receipt Requ.ested Regular Mail David Merle Kyler 118 Hogestown Rd Mechanicsburg, PA 17055.3116 Countrywide Loan # 8943335 Property Address: 118 Hogestown Rd Mechanicsburg, PA 17055-3116 FHANA Case #: 4701433772 NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE: Countrywide Home Loans, Inc. (hereinafter uCountrywide") services your home loan. Your home loan is in ",'r",II~; default because you have not made your required payments. The total amount now required to reinstate 'IoU! j"", I~; of the date of this letter is as follows: Monthlv Payments. Late CharQes Other CharQes: $" .' $1- TOTAL DUE: $1,412.70 You may cure this default within THIRTY-FNE (35) DAYS of the date of this letter, by paying to us the abov,. lrnount 01 $1,412.70; plus any additional monthly payments, late charges, fees and other applicable charges which 111,1'( (;1/1 due during this period. ,Such payment must be in the form of certified check, cashier's check or mone~ orde~ l\ul made payable to Countrywide at P.O. Box 10221, Van Nuys, CA 91410-0221. If your check or olher pa~mentis returnp.d to U~ for insufficient funds or for any other reason, you will not have cured your defa~.i1t. No extension of time 10 CUI ~ will be granted due to a returned payment. 10/01/1999 - 11/30/1999 1010111999 -11130/1999 Uncollected Late Charges: Uncollected Costs: @ @ $657.00 $27.04 $1,3101 $5.1 If you do not cure this default within THIRTY-FIVE (35) DAYS, we will accelerate the payments due on your home loan This means whatever is owing on the original amount borrowed will be considered due immediately and you may lo!>e the chance to payoff your home loan in monthly installments. If the full payment of the amount of default is nol rnad~) wlthrn THIRTY-FIVE (35) DAYS. we also intend to immediately start a lawsuit to foreclose on your mortgaged propel ty YOU MAY BE ELIGIBLE FOR FtNANCtAl ASStSTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance program may be able to help you. ,Read the following notice to find out how the program works. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notifJCacion obtenga una traduccion inmediatamente lIamando a esta agencia (Pennsylvania Housing finance Agency) sin cargos al numero mencionado arriba. Usted puede ser etegible para un prestclmo del programa lIamado "Homeowner"s Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. You may be, eligible for financial assistance that will prevent foreclosure on your mortgage if ~ou comply With !It<: pro\lisions of the Homeowners' Emergency Mortgage A.ssistance Act of 1983 (\he "A.ct"). '{au may be d\q\bl~~ \0\ emergency temporary assistance if your default has been caused by circumstances beyond your control, YOll have il 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 dale of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or Please write your loan number on all checks and correspondence, BREACHPA 8943335-3 David Merle Kyler 118 Hogeslown Rd $1,412.70 AS OF 12/01/1999 P.O. 80x 10219 Van Nuys, CA 9141()..0219 1I.IIUI.II.IIIIII.IIIIIIIII'III.III...IIJ.I"II.III.IIIIIII.1 EXHIBIT A 894333530001412700141270 - .. ~" ,',-', ~ '_,v'_ Send Correspom,~..ce to: P.O. Box 10221 Van Nuys, CA 91410--0221 Send Payments to: P,O. Box 10219 Van Nuys. CA 91410--0219 December 1, 1999 Certified Mail No, Return Receipt Requested Regular Mail Lisa A Kyler 118 Hogestown Rd Mechanicsburg, PA 17055.3116 Countrywide Loan # 8943335 Property Address: 118 Hogestown Rd Mechanicsburg, PA 17055-3116 FHANA Case #: 4701433772 NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE. Countrywide Home Loans, Inc. (hereinafter ~Countrywide") services your home loan. Your home loan is in S{~f1()US default because you have not made your required payments. The total amount now required to reinstate your loan as of the date of this letter is as follows: Monthlv Pavments Late CharCles. Other Charaes 10/01/1999 -11/3011999 10/01/1999 -11/30/1999 Uncollected Late Charges Uncollected Costs: @ @ $657.00 $27.04 $1,31<1 ';',} $54 DB $270fl $1':"'1 TOTAL DUE: $1,412.70 You may cure this default within THIRTY-FIVE (35) DAYS of the date of this letter, by paying to us the above amount of $1,412.70, plus any additional monthly payments, late charges, fees and other applicable charges which may fall due during this period. Such payment must be in the form of certified check, cashier's check or money order. and made payable to Countrywide at P.O. Box 10221, Van Nuys, CA 91410-0221. If your check or other payment is returned to us for insufficient funds or for any other reason, you will not have cured your default. No extension of time 10 cure will be granted due to a returned payment. If you do not cure this default within THIRTY-FIVE (35) DAYS, we will accelerate the payments due on your home loan. This means whatever is owing on the original amount borrowed wiD be considered due immediately and you may lose the chance to payoff your home loan in monthly instaUments. If the tun payment of the amount of default is not made within THIRTY-FIVE (35) DAYS, we also intend to immediately start a lawsuit to foreclose on your mortgaged property. I YOU MAY BE ELIGIBLE FOR FtNANCtAl ASStSTANCE WHICH CAN SAVE YOUR HOME FROM FOREClOSUqE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance program may be able to help you. Read the following notice to find out how the program works. La notificacion en adjunto es de suma importancia. pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificacion. obtenga' una traduce ion inmediatamente lIamando a esta agencia (Pennsylvania HoUsing Finance Agency) sin cargos al Rumero mellcionado arriba. Usted puede ser elegible Para un prestamo del programa !lamado "Homeowners Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with lhe 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 Pennsytvania 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-facen meeting with a representative of lhis lender, or Please write your loan number on all checks and correspondence. BREACHPA 8943335.3 Usa A Kylel 118HogeslownRd $1,412,70ASOF 12/01/1999 EXHIBIT A P.O. Box 10219 Van Nuys. CA 91410.0219 1I111111111,111111111II11I1I111111111I11II.1'11I.1II.lliull.1 894333530001412700141270 "'. > .~- -"-' ....'.. ,< '''"',>' .~,,~' - - ~i ( HUD-Approved Counseling Agencies - Pennsylvania wrth a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise selde your delinquency. This meeting must QGcur in the next thirty (30) d,ys. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in ihis notice, no further proceeding in mortgage forecfosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: COUNTRYWIDE, 6400 legacy Drive, Piano, Texas 12567, Telephone Number: 1-800-669-6654, Extension 7556. The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face4o-face meeting. You should advise Countrywide of your intentions immediately. 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', yOll must fill out, sign and tile a completed Homeowners' Emergency Assistance Application with one of Ole designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be oblmrwd from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out '10111 '-\ppliciltion and will submit your completed application to the Pennsylvania Housing Finance Agency. Your applicatiOll"rllllSI be filed or postmarked within thirty (30) days of your face-to-face meeting. 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 you file your application promptly. If you do not do so, or if you do not follow !Ill' Iilher time periods set forth in this letter, foreclosure may proceed against your home immediately. It is extremely impoll "'1 'fpl 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 ymu t'idU:il!1ofl During that additional time, no foreclosure proceedings will be pursued against you if you have met Ihe lim(~ I' .:I!II'~Illf.'nls 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 802'. Pennsylvania 17105. Telephone No. 1-717-780-3800 or 1-800-342-2397 (loll free number). Persons ,,'(III. hearing can ca" 1-800-342.2397. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to payoff the mortgage d..tJl If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable alln[1H'y',,; fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the I i'.l'.;o{mble attorney's fees even if they are over $50.00. Any attorney's fees will be added t9 whatever you owe us, which !!lay ;.llso include our reasonable costs. If you cure this default within the thirty-five day period, you will not be required tn pily Ihf~ attorney's fees, YOU HAVE THE RfGHT TO REINSTATE AFTER ACCELERATION AND THE RtGHT TO ASSERT IN THE FORECLOSURE PROCEEDtNG THE NON.EXtSTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. 1.,:lllJrfJ, ,1'll'lHed EXHIBIT A - 1Idl"'~' n~JIl/l!ll!~~; ~~ , ,.. ,. ,~ ,=, HUD.Approved Counseling Agencies. Pennsylvania It is estima.ed that the earliest dale that a foreclosure sale could be held would be approximately six (6) months from the date of this letter. A notice of the date of the foreclosure sale will be sent to you before the sale. You may find out at any time exactly what the required payment will be by calling us at the following number: 800-669-6654. This payment must be in the form of a cashier's check, certified check or money order and made payable to us at the address stated above. If you cure this default, the mortgage will be restored to the same position as if no default had occurred. However, you may not cure your default more than three (3) times in any calendar year. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-five (35) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up 10 one hour before the foreclosure sale. You may do so by paying the total due, as well as an reasonable attorney's fees and costs incurred in connection with the foreclosure sale (and perform any other requirements under the mortgage). You should realize that a foreclosure sale will end your ownership of the mortgaged property and your light to remain in it. If you continue to five in the property after the Sheriffs sale, a lawsuit could be started to evict you. Pursuant to your loan documents, and because your loan is in default, Countrywide may, at its option, enter upon and conduct an' inspection of your property. The purpose of this inspection is to observe the physical condition of your property, to'verify that the property is occupied and/or to determine the identity of the occupant. You will be responsible for the cost of any such inspection. If you are unable to cure your default on or before $1.412.70, Countrywide wants you to he aware of various options that mC1y be available to you through Countrywide to prevent a foreclosure sale of your property. For example: Reoavment Plan: It is possible that Countrywide may be able to assist you in keeping your home by offering you some form of payment assistance. Our basic plan requires that you pay Coun~de, up front, at least y~ 01 the amount necessary to bring your account current, and that you pay the balance of your overdue amount, along with your regular monthly payment, over a defined period of time. Other repayment plans also are available. Loan Modification: Alternatively, it is possible that Countrywide may be able to lower your regular monthly payments by reducing your interest rate, and then capitalize your delinquent payments to your current loan amount, through a modification of your loan. This foreclosure alternative, however, is limited to certain loan types. Sale of Your Prooertv: Alternatively, if you are willing to sell your home in order to avoid foreclosure, Countrywide may be able to offer you an alternative to foreclosure even if your home is worth less than what is owed on it Deed-in-Lieu: Alternatively, if your property is free from other liens or encumbrances, and if your default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to Countrywide and avoid the foreclosure sale. If you are interested in discussing foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will determine, in its sole discretion, whether that assistance will be extended to you. In the meantime,' CountrrMde will pr()(;eed with an colleclior., enforcement and/or foreclosure effort'3 unless \t agree..; otherwise in writing. Please be advised that failure to bring your loan current or to enter into a written agreement as o~t1ined above will result in the acceleration of your debt. Time is of the essence!! Should you have any questions concerning this notice, please contact Countrywide's office immediately at 1-800--669-6654, extension 7556. S~ 'J:.~ Sharon Khamou Loan Counselor 1-800-669~6654, Extension 7556 If your loan was in default at the lime that it was acquired by Countrywide, please be advised of the following: 1. Countiywide is a debt collector, we are attempting to collect a debt, and any information Countrywide obtains will be used for ,that purpose. 2. The amount currently owed to Countrywide is $1 ,412.70 (there may be other accrued interest, costs and expenses). Unless you, within thirty (30) days after receipt of this letter, dispute the validity of the debt owed or any portion of this debt, w~ will assume the amount to be valid. If you notify us in writing within this thirty (30) day time frame. that you dispute the debt or any portion of the debt, we win obtain verification of the debt and mail it to you and, If you so request, provide you with the name and address of the original crealtor jf it is different from the current creditor. Please direct any written disputes to the following address: Countrywide Home loans, Inc. CoYections, ,MS SV..34 Attention: Research Counselor P.O. Box 10221 Van Nuys, CA 91410-0221 EXH\B\T A , " .," ~""""' "" ~,-; " ,.~ - , HUO-Approved Counseling Agencies - Pennsylvania Oetaware CooIWi H,Q,P,E. - Prntadelphia . Council for Community Oevelopment 511 Welsh Street Chester, Pa. 19013 Telephone (215) 872-3500 BayfrontNato, Inc. 312 Chestnut Streel Erie, Pa. 16507 Telephone (814) 459-2761 Communil't Resoorces lor Indep, 2222 Filmore Avenue Erie, Pa. 16506 Telephone (814) 838-7222 Harrisburg Fair Housing Council 1228 Bailey Street Harrisburg, Pa. 17103 Telephone (717) 238-9540 IndIana County Community ActionProgram,lnc 827 Watef S\feet P.O. Box 187 Indiana, Pa. 15701 Telephone (412) 455-2657 Tabor Community Services 439 East King Street lancaster, Pa. 17602 Telephone (717) 397-5182 Northern Tier Community Action Corporation 135West4thstree{ Emporia, Pa. 15834 Telephone (814) 486-1161 Booker T. Washington Center 1720 Holland Street Erie, Pa. 16503 Telephone (814) 453-5744 Greater Erie Community Action Agency 18 West 9th Street Erie, Pa, 16501 Telephone (814) 459-4581 Urban league of MelropoJitanHarrisburg 25 North Front Street Harrisburg, Pa. t 7101 Telephone (717) 234-3253 Elk County Housing Authority 424 Water Street EJ<t P.O. Box 100 Johnsonburgll, Pa, 15845 Telephone (814) 965-2532 Housing Opportunities, Inc. 133 Seventh Avenue P.O. Box 9 McKeesport, Pa. 15132 Telephone (412) 664-1590 Associated Family Services 213 Center Street Meadlliffe, Pa, 16335 Telephone (814) 337-8457 Lawrence County Social Services, Inc. 33-39 South Jefferson Streel New Castle, Pa. 16103 Telephone (412) 658-7258 New Kensington CD.C. 2513-15 Frankford Avenue Philadelphia, Pa. 19125 Telephone (2t5) 427-0350 Philadelphia Council for Community Advancement 100 North 17th Street. Suite 600 Philadelphia, Pa, 19103 'Telephone (215) 567-7803 EXHIBIT A T enards' Action Group ofPhifadelphla 21 South 12th Slreet - 12th Floor Philadelphia, Pa, 19107 Telephone (215) 575--0700 Center 10t Independent Uvlng SW PA 7110 Penn Avenue P~~h,Pa. 15208 Telephone (412) 371-nOO Trehad Center of NE Pennsylvania 7 lake Avenue Montrose, Pa. 18801 Telephone (717) 278-3338 Housing Association Information Program 13'14 Chestnut Street ~ Suite 900 Philadelphia, Pa. 19107 Telephone (215) 545-6010 Mortgagorscounsefedat 658-6Q North Watts Street, Philadelphia, Pa. 19123 NorthWest Counseling Service 5001 North Broad Slreet Philadelphia, Pa. 19141 Telepholle (215) 549-2344 Prnlade\prnaHous\ng OeIIelopment Corporation 1234 Market Street -,10th Floor Philadelphia, Pa. 19107 Telephone (215) 448-3137 Telephone (215) 448-3132 Urban league of Philadelphia 4601 Market Street Philadelphia, Pa. 19139 Telephone (215) 476-4040 ConSllmel" Credit Cmmseling of Western Pennsylvania 309 Smithrleld Slreet . Suile 2000 Plttsburgh, Pa. 15222 Telephone (412) 471-7584 Elder-Ado, Inc. 320 Brownsville Road Pittsburgh, Pa. 15210 Telephone (412) 381-6900 Hill Community Oevelopmer\tCor~ioo 2015-2017 Centre Avenue PilIsburgh, Pa. 15219 Telephone (412) 765-1320 Economic Opportunity Cabinet t 18 East NoIWegian Street Pottsville, Pa. 17901-2921 Telephone (717) 622-1995 Mercer County Community Action Agency 309 Ohio Street Sharon, Pa. 16145 Telephone (412) 342.6222 Tableland Services, Inc. 131 North Center Avenue P.O. Bol( 756 Somerset, Pa. 15501 Telephone (814) 445-9628 Telephone (814) 445-0148 Warren Forest County E.O,C. 1209 PennsylVania Avenue West P,O. BO)(547 Warren, Pa. 16365 Telephone (814) 726-2400 Garfield Jubilee Associallon, Inc. 5138 Penn Avenue Pi\tsbul'gh, Pa, 15224 Telephone (412) 665-5200 Urban league of Pittsburgh One Smithfield Street Pittsburgh, Pa. 15222 Telephone (4121261-1130 Berks Community Action Agency Budget CounselIng Center 247 North Fifth Street Reading, Pa. 19601 Telephone (215) 375-7866 Shenango Valley Urban league 39 Chestnut Street Sharon, Pa. 16146 Telephone (412) 981-5310 Fayette County Community Action Agency 137 North Beeson Avenue Unlonlown, Pa. 15401 Telephone (412) 437-6050 Tri-County Partner$hip for \ndependerItlMng 69 East Beau Street Washington, Pa. 15301 Telephone (412) 223-5115 Washington.Greene Community Action Corporat(on.. 315 East Hallam Avenue Washington, Pa, 15301 Telephone (412) 225-9550 Consumer Credit Counseling Service of Lehigh Valley 3671 Crescent Court East Whitehall, Pa. 18052 Telephone (215) 821-4011 Housing Council of York 116 North George Street York, Pa. 17401 Telephone (717) 854-1541 Washington-Greene Community Action Corporation 22 West High Street Waynesburg, Pa. .15370 Telephone (412) 852-2893 Commission of ECOnomic Opportunity of luzerne County 211-213 South Main Street Wilkes-Barre, Pa, 18701 Telephone (717) 826-051 0 ;~i ,_ _ _, ,,'. ',<,~ "~',-'!. ~'.. "J . -" "- ~"; ~.'~ . , . .~....~ ."":"'"lIl1illil'" ,.~;,~.~.:s.~~;::~~ . land sit.uat.e in t.he Township of ; '-:'.~:t1': and State of Pennsylvania, bou~:e:~~t; BECINNINC at a point in the center of t.he Hogest.own Road; t.hence by land ' now or for.erly of Lloyd Doner, Nort.h 35 degrees 45 .inutes East., 1060.95 feet. t.o a ..in on line of land now or for.erlY of said Ifard, Sout.h 5S " degrees, .erroneously set f,ort.h in prior deed as 65 degrees), East, .' 102.65 feet. t.o a pin in earner of lot now or for.erly of Nillia. B. Kaley and Elsie I. Kaley, his wife; t.hence along sald land of Willia. B. Kaley and Elsle I. Kaley, his wife, South 35 degrees 45 .inutes West 1060.95 feet. to a point ln the center of the Hogestown Road; thence along the center of said Road North, 55 degrees West, 102.65 teet to a point in the center of said Road, the place of BEGININNG. CONTAINING 2.5 acres and havlng theron erected a Robil.Llto.. known and,'.n.u.bered as 118 Hogestown Road, lIechanicsburg, PennsYlvania.' :, :>':.t.~:;;i ~~~;.,~ ~.;.'; ALL THAT CERTAIN piece or parcel of Silver Spring, County of CURberland and descrlbed as follows: PREMISES: 118 HOGESTOWN ROAD PA 3 PAGE .,,: ,";.'~':'. 5 J ~. "" ~'1 ' , , . ~ l '. - - ,~ - VERIFICATION BRANDON SCIUMBATO hereby states !hat he is V.P. of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he 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 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 authorities. DATE: {I ~1~ -~-,'=' ";j ill "., ~""M:,.I"'~limm;!.:;' . . @) . c: Fj\_ ED'''C!l,:F-iCE < ,':,,~:i ~;" : 0 T/\RY 00 i r;:-B - b' fY Q; ~/' R I' '"', "II U ",.-.F Cu' t'!,i"~~" ,',"oii' ri'''U' "'1V l',.,W....., lcJ',. lc..J \',,1\.1 l'll I PENNSYLVIIN!A i I I . 45~ PD A~ FuLx~ t 1>~ . ~ ,'v, i " ,~ ~ ~~ ~ . j '~ I . I j 1 ell! (K.if: \l~Ll37 R~ I01'J'J-l Y! -",*'~Ij ~,_.." " ~,~, , ,-i; ~. " .~,' , '"'~ """"'-~, "'i;J ~I SHERIFF'S RETURN - REGULAR CASE NO: 2001-00721 P ; I COMMONWEALTH OF PENNSYLVANIA: _ COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS KYLER DAVID MERLE ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KYLER DAVID MERLE the DEFENDANT , at 0019:42 HOURS, on the 16th day of February 2001 at 230 HERMAN AVE LEMOYNE, PA 17043 ELISABETH OVER (MOTHER) by handing to a true and attested copy of COMPLAINT - MORT FORE together with NOTI CE 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 An~~~~~~ ~~- "..-~ - R. Thomas ]{~J!1e -".,<, .,...~".., "'~' ,..~" 02/20/2001 FEDERMAN & P ~ Sworn and Subscribed to before By: me this ,J ~Jj..- day of .j~ ~/ A.D. ~L 0, )n,pp;~ ~tf' Prothonotary , ~"'"" ""<~"'" .~ ~ ~"." ~~~.....=""',' i I "-' SHERIFF'S RETURN - REGULAR ,- CASE NO: 2001-00721 P i I COMMONWEALTH OF PENNSYLVANIA: \ COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS KYLER DAVID MERLE ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsy1vania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KYLER LISA A the DEFENDANT , at 0020:19 HOURS, on the 16th day of February, 2001 at 905 SCOTTISH COURT MECHANICSBURG, PA 17055 by handing to LISA KYLER 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 6.00 6.20 .00 10.00 .00 22.20 so;::~~ R. Thomas Kline 02/20/2001 FEDERMAN & P "'" Sworn and Subscribed to before By: me this .H~ day of Dep t Sheriff .11.L'''''1,;l.<K>/ A.D. Ch .1-0 f2 /J.d/..) ~ ~rothonotary , ~'"".M""",," . ~~~h =V'..~ ~~ ~ , J"- ~t ~<"~",,~i1tlei,~">il''- ~' f FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Snburban Station Suite 1400 Philadelphia, PA 19103.1814 (215) 563-7000 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRIVE PLANO, TX 75024 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : NO. 01-721CIVIL vs. DAVID MERLE KYLER 230 HERMAN AVENUE LEMOYNE, P A 17043 LISA A. KYLER 905 SCOTTISH COURT MECHANICSBURG, PA 17055 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 DAVID MERLE KYLER and LISA A. KYLER, 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 1/1/01-3/21/01 $86,140.11 $1.183.20 TOTAL $87,323.31 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notic::e has been given in accordance with Rule 237.1, copy attached. 4~i~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. (!~~ DATE: .1\". J-3-oL **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 BANKRUYICY AND TillS DEBT WAS NOT REAFFIRMED, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ,,.~,.j,. " .' '~ .- __ " ~', .L - <FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA;S WHOLESALE LENDER COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO. 01-721CIVIL DAVID MERLE KYLER LISA A. KYLER Defendant(s) TO: DAVID MERLE KYLER 230 HERMAN AVENUE LEMOYNE, PA 17043 FILE COpy DATE OF NOTICE: MARCH 9. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days 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, P A 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff .. lI'W_~,. -~,.~~ ,=........~. .~,.... > ""'< - 'M ~" _"f - ~,~~~;, e 'FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF 1 COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA;S WHOLESALE LENDER Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY DAVID MERLE KYLER LISA A. KYLER NO. 01-721CIVIL Defendant TO: LISA A. KYLER 905 SCOTTISH COURT MECHANICSBURG, PA 17055 filE COpy DATE OF NOTICE: MARCH 9. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days 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 -=;;";::-".~..~~ ~>. ~ '- J" ^' " .h_ '-, ~ ~ 'C t .~ ,..;;~-'- . 1 FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 01-721CIVIL DAVID MERLE KYLER LISA A. KYLER 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 DAVID MERLE KYLER is over 18 years of age and resides at 230 HERMAN AVENUE, LEMOYNE, P A 17043. (c) that defendant LISA A. KYLER is over 18 years of age, and resides at 905 SCOTTISH COURT, 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~~ FRANK FEDERMAN Attorney for Plaintiff ..,..,m;'''''''''''. .'"~ .'L~'"hj'~f! .. , (Rule of Civil Procedure No. 236 - Revised) COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 01-721CIVIL DAVID MERLE KYLER LISA A. KYLER Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on MARCH Jj .2000. ' BL~ d)7~D~= If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TIlAT 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. ** . I I . ,~ t ~ t I .)1 1 i\ :\ ;ffi, , I ]!l I , 1 . '.. _, ---,.::i0t: ["II H\...lj, ','0'_ '-l 1"''\'.',.-) "~i '(",:("iT~Ri _ .."\ ,," ,', ' . ': ,,_-,11 0\* \.-",~ ,.," 0'\ 1"\P. 03 I'll \: \.t d...\ !.. CiJ' "Qr0\.I'<O COUNTY t"~~~\\\~YQ!i\\~\A rl..J' \'('-' p,,-- ~,/ q f)-() /'/\ _U , . , d . :r).3-0! - Jt{}~ ~,-,' (!L J d.. (P ~:rq [) fJ/ K /61) '6'1- a . ;. ~ ~ ~~:'-' diJ'"", -0 - PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER Pfaintiff, y. DAVID MERLE KYLER LISA A. KYLER Defendant( s). No.Ol-721-CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/22/01 TO 9/5/01 (per diem - $14.35) TOTAL Note: Please attach description of property.No. $87.323.31 $2.397.20 and Costs $89.720.51 ~t~ FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff , V:NVi\"1ASNN3d }Jp,nOJ (1f\~n~Fi8!NnO 6/ :/ Hd 01 AVl110 AtJVIO~f~J;-!:~::~)/~;,_./.~i :~o ::kl!T.ll..I'-\J::i {Ij- Term, 2000 A.D. I t r f ~ ~: I " I ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER vs. DAVID MERLE KYLER LISA A. KYLER PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: y~ ttorney for PlamtI Address: DAVID MERLE KYLER 230 HERMAN AVENUE LEMOYNE, PA 17055 LISA A. KYLER 905 SCOTTISH COURT MECHANICSBURG, PA 17055 , Where papers may be served. ~.- f'.lli;I:"~ . ~ 'i.' . .~ " '~ '" ' c', >'1',- . . ~ , .. ..:~;:--.;:~.: ~;;. A~~ THAT CERTAIN piece or p~rcel of l~nd situate in the Township of '~~~~~~~._ ' Silver Spring, County of Cu.aerland and State of Pennsylv~nia, bounded ~~~~~1~ and descrlbed as fallows: ' ,.~*'~._ BEGINNING ~t ~ paint in the center of the Hogestown Road; thence ~~ ".i~~~~<':-~~~,~ now or for.erlv of ~lovd Done.., 1I0rth 35 deg..ees 45 .inutes E~st, 1060.95 ,'.c"';' feet to a ..in on line 01' land now or to...e..1Y 01' said Nard, South 5S ....."". .i2.-~~ : deg..ees, lltrroneouslv set fo..th in prio" deed as 65 degrees), East, ,- :':~ :;':"'-':' 10:!..!.::! feet to ~ pin in co..n..r 01' lot now or 10...e..ly of Nillh. B. Kaley,;'J~ ~nd Elsie t. Kalev, his wit'e; thence ~long sald l~nd 01' Willi~. B. Kaley . :~ and Elsle t. Kaley, his wife, South 35 degrees 45 .inutes West 1060.95 feet toa point ln the center of th.. Hogest.own Road; t.hence along t.he center at said Road North, 5S deg..ees Nest, 102.65 feetto'a point in t.he center of said Road, lhe place of BEGI~INNG. CONTAINING 2.5 ac..es ~nd havln~ theron erected a .obile,ho.. known .nd,nu.bered as 118 Hogest.own Road, "echanicsburg, Pennsylvania. '. '. .~,~.'-:.; -. ' f~~'~.~ .:~ .'.:" .' ", Y:-:f~~.:f~;:~' BEING the sa.e pre.i~es which G....aldine Kal~v'ltli~on "orrette and Lee E. "orrelte, her husband bY Deed dated ~ulY 16,19'-6 and recorded in C.,.berland CQunty, in Oeed Book A, "'olu.e 32'~~~9.e 615 conveyed unto SandY K. Rhoades. .;.,.:.;:}, PREMISES: 118 ROGES'IOWN ROAD TAX PARCELL NO. 38-21-0289-017 ,,',~_,_'~'~__~~_~C~~"'__'~__" .y. ~ F(LED-O~l:ICE OF T~-:~:: f"'~f.~~';.HCI<C)T/\RY 01 'jAY 10 PH I: IQ Cl'~ "",." , -,' U',';/i] '1'";-:' ,",j,l!', i"iJ""': 1\1':\1 IU_..,L.I\<.IU v' .....j\jj PENNSYLVNM ' Pt-~ Jl J . , /3) I!- ~, ~ '~ " j :~ , < ~ I I ." U (33P{) rt; /l1~87 3 ).. iG: 456() 37. 1) d.d... ~6 q J.)P JIflJ ,~ ";,,,., ^..li.b... . , ..^" ~ _(:~{t~ C.OUNTRYWIDE HOME LOANS, INC., FIKIA AMERICA'S WHOLESALE LENDER CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DAVID MERLE KYLER LISA A. KYLER NO.Ol-721-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) COUNTRYWIDE HOME LOANS. INC.. F/K/A AMERICA'S WHOLESALE LENDER, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 118 HOGESTOWN ROAD. MECHANICSBURG. P A 17055. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAVID MERLE KYLER 230 HERMAN AVENUE LEMOYNE, PA 17055 LISA A. KYLER 905 SCOTTISH COURT MECHANICSBURG, PA 17055 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.) AMERICAN GENERAL FINANCE, INC. 125 GATEWAY DRIVE, SUITE 109 MECHANICSBURG, P A 17055 YELLOW BOOK MID- ATLANTIC AND RUEBEN H. DONNELY 1300 MORRIS DRIVE, SUITE 200 WAYNE, PA 19087 '~"',..;- ,~ ~......-' "~ 4. -. """'" ~l_,"' i~","., Name and address ofthe last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) . DAUPHIN DEPOSIT BANK AND TRUST COMPANY BANKER TRUST COMPANY OF CALIFORNIA, N.A. P.O. BOX 4800 HARRISBURG, P A 17111 THREE PARK PLAZA IRVINE, CA 92614 UNITED COMPANIES LENDING CORPORATION CIO MARK UDREN 5. Name and address of every other person who has any record lien on the property: NAME P.O. BOX 1591 BATON ROUGE, LA 70321 LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 118 HOGESTOWN ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~~~ F FEDERMAN, ESQUIRE Attorney for Plaintiff Mav 2. 2001 DATE _~lij'*l~,i'~~~!Ii~~~~$."W80rM.;~""'"itt:;, ';,f""",.~'\i;,'i;"<O","'i".j,..](,~,,,~JiJJ .""., -^~ ~,'- ..~ " -~~ ~. .~,--~" ,'.- - ',~ .. .~? ~ _," d.. '~'Hi. f" 'h~'''''"=~'~;ijl~~L ~'J 'W"""~]j (") c; :s,,,, "'TJUJ mr'" z:i tf5S"~' -<,-, r.::c; ~c,~, ,'0 ..J-o'(= ~ . -, . ~ ;,--- ,._~ ~i.1 I . o o _1 3: :0> -< ~ .-" ,- ~F:2J " i ',T;~ :_'-',~ -"Tl c, ,/() CJrn -,--1 ~ ~ -< <=> :::E' -"" \0 ,"",.I:.mw' '-~""" ~ , ~"" ~. ~, '," ~ t" '^ . ,--- ~,:~: FEDE~ANandPHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC., FIKIA AMERICA'S WHOLESALE LENDER CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION DAVID MERLE KYLER LISA A. KYLER NO.OI-72I-CIVIL 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. ~~uk~ F FEDE AN, ESQUIRE Attorney for Plaintiff , f~ILED'-O::F:CE OF :":.~::~}:T"::~)i\nTNiY 01 1'1A Y [0 Pll I: 19 CUM2f:}\U\:\JU COUNTY PENNSYLVANIA I w ] @ 1: ~ J~ ~ ~ ,~ I "'"'~~ '."" \ . , COUNTRYWIDE HOME LOANS, INC., FIK/A AMERICA'S WHOLESALE LENDER Plaintiff, CUMBERLAND COUNTY No. 01-72 I-CIVIL v. DA VlD MERLE KYLER LISA A. KYLER Defendant(s). May 1,2001 TO: DAVID MERLE KYLER 230 HERMAN AVENUE LEMOYNE, P A 17055 LISA A. KYLER 905 SCOTTISH COURT MECHANlCSBURG, PA 17055 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" Your house (real estate) at 118 HOGESTOWN ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by COUNTRYWIDE HOME LOANS. INC., F/K/A AMERICA'S WHOLESALE LENDER (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the DECEMBER 5. 2001 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERlFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. 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. "" " . .._~ - ,~~..... .,_ L ,~=, '"'-~ ~. ............... , . ., -"~It)'~i' You may need an attorney to assert your rights. The sooner you contact one, the more chance ~ you will have of stopping the sak (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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6" You may be entitled to a share of the money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ; JDIj~ ---=< '" - ",' ';-~""""~',, '';' . . .~.~:~;:;.;:~:~: land sit.uate 1n the Township 01 ; :-~~.,,\f;r~.- and State or Pennsylvania, bounded :-~;:"".;), . ,ok 1....~.IoI,_ . '!,1~.'~.''''' ::, ......,:'::}~'~~.~.~JO. ' ~ < BEGINNING at. a point. in the cent.er 01 the Hogest.own Roadl t.hence by land .: '. ..i"": now or 10~aerlv or Llovd Doner, North 35 degrees 45 ainut.es East., 1060.95 ". ..:,., teet. to a ..in on line of land now 01' 10raerlv ot said liard, South 55, ,.'..'>. .42,':' : degrees, lerroneouslv set. fort.h in prior deed as 65 degrees), East.," .. .,:~ ;;';".':-:' 10Z.65 feet to a pin in corner ot lot. now 01' toraerlv 01 Nilliaa 8. ~aleY ,~tz and Elsie I. Kalev. his wifel t.hence along sald land of Williaa B. Kaley , .~ and Elsle I. Kalev, his wife, South 35 degrees 45 .inutes West. 1060.95 teet. i.o a point. lnthe ,cent.e~ 01 the Hogestown Roa,dl thence along the eenter 01' said Road Nor~h. 55 d.grees West.. 102.65 teet. to a point. in the center of said Road, t.he place at BEGININNC. CONTAINING 2.5 acres and havln~ t.heron erect.ed a Bobil.. ho.. ~no..n and,nu.bered as 118 Hogest.own Road. l1echaniesburg, Pennsylvania. '. '~'~:',~;':'~ , {~.~.;,:.: ALL THAT CERTAIN piece 01' parcel 01 Silver Spring, Caunt.y af CuaOerland and descrlbed as tallows: .,". ," . :., .,.:. .' ",.y:~~:::~'~',:. BEING t.he saae p1'eai5es which Cerald1n& Kal.y~)tli~an Marrett.e and Lee E. 110rret.te, her husband by Deed dat.ed ~ulY 16, '19'6 and recorded in Cu.berland Count.y, in Deed Book A, Valu.e 32"-'.ge 615 conveyed un~o Sandy K. Rhoades .::::';~~' . ':;;'. ':'.~". PREMISES: 118 HOGES'IOWN ROAD TAX PARCELL NO. 38-21-0289-017 J OF ~~iU~j}{}T:CE ~CY-":01~4RY Ol11AY to PH I: 19 CU~A':'i'''' . , H'...je j,' ""r" '\ PEI~~1SY1'{I!cNuLYNTY _\n L\ ~ , I I I ~ I -1 ,~ ~ " '11 , I :1 ~ I I I t J ~1Ii""'~ ~w, . - _ '._ < L ~'~ o L -' ~. " , . llitl'd'-' ~, ... STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ______________________________________________________________________________Ilecorderof Deeds in and for said County and State do 'hereby certify that tbe Sheriff's Deed in which ________________ ____________~~,!l_~J;:'.!LJi_'.!U2!!.'.!U:tt;JL!).3_~~~_____ ____________________________________ is the grantee the same having been sold to said grantee on the _____-5t.h._____________________________________ day of ___.5.e.ptemb.er__________________________ A. D., ; 01 _____, under and by virtue of a wriL_____________ Execution . 10th _________________________________ ___ ______ _ ___ _ _lSSUed on the _ _______ ___ __ ___ ____ __ ____ __ __ ____ ___ M .01 day of __~~:J..-------------------- A. D., _____, out of the Court of Cornman Pleas of said County as of Civil 01 ---_________________________ - -..--_____ ________ __ -________ _____________ ____ __ _____ Tenn, : , 721 Countrywide Home Loans Inc fka America's Wholesale Lender Number ______________, at the suit of _______________________________________________________________ David Merle Kyler & Lisa A ___________________________________against____________________________________________________ d 248 2584 duly recorded in Sheriffs Deed Book No. ____________, Page ____________. IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office this .2.G.____ day of -Jkn::-------------------- A. D., ~L ~-~-------------------------- Recorder of Deeds "~- .-,.--.,' "<~"" L 1',->", = "> ~~" ~'Itl. ii,-, , Countrywide Home Loans, Inc., fIkIa America's Wholesale Lender VS David Merle Kyler Lisa A. Kyler In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-721 Civil Term Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states on May 23, 2001 at 8:26 o'clock P,M., EDST, she served a true copy of the Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants, to wit: David Merle Kyler, by making known unto David Kyler at The Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17013, its contents and at the same time handing to him personally the said true and attested copies of the same. Shawn Harrison, Deputy Sheriff, who being du1y sworn according to law, states 011 May 24, 2001 at 2:58 o'clock P.M., EDST, he served a true copy of the Real Estate Writ, Notice and Description in the above entitled action upon one ofthe within named defendants, to wit: Lisa A.Kyler, by making known unto Lisa Kyler at 905 Scottish Court, Mechanicsburg, P A 17055, its contents and at the same time handing to her personally the said true and attested copies of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states on July 2, 2001 at 2:05 o'clock P.M., EDST, he posted a copy of the Real Estate Writ, Notice, Poster and Description upon the property of David Merle Kyler and Lisa A. Kyler located at 118 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mail, to one of the within named defendants, to wit: David Merle Kyler, at his last known address of The Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013. This letter was mailed under the date of July 05, 2001 and never returned to the Sheriff's Office. R, Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mail, to one of the within named defendants, to wit: Lisa A. Kyler, at her last known address of 905 Scottish Court, Mechanicsburg, P A 17055. This letter was mailed under the date of July 05, 2001 and never returned to the Sheriff's 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 within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 A.M., E.D,S.T., and sold the same for the sum of $1.00 to Attorney Frank Federman for Federal National Mortgage Association. It being highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this exec::ution paid SheriffR. Thomas Kline the sum of$727.11, it being costs. Sheriff's Costs: Docketing Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed . 30.00 14.26 15.00 15.00 30.00 10.00 .50 1.00 15.15 1.70 15.00 30.00 265.40 206.94 25.66 25.00 26.50 $727.11 Sworn and Subscribed to Before Me This 3u Day of (p~ 2001, A.D. Cfr". C'. ~. (~ r thonotary ~~ - ^..", ,- j', , . -. .~, "'Ii;r s02 .~ . 1" ~".~~#~ R. Thomas Kline, Sheriff ByQ[) ~SMi ,th Real Est e Deputy ~.JP^ 3D.uV 1.:>0 Ck. 3 '10(;"0 tf1.-, //'7).;1/ j:iiO!""''''-'d~ "..""""" .~~ 'A' -, ~' '. '" ",,," . . COUNTRYWIDE HOME LOANS, INC., F/K/A , AM'ItR1CA'S WHOLESALE LENDER . Plaintiff, v. DAVID MERLE KYLER LISA A. KYLER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-721-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) COUNTRYWIDE HOME LOANS, INC., FIK/A AMERICA'S WHOLESALE LENDER, 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 118 HOGESTOWN ROAD, MECHANICSBURG. P A 17055. NAME 1. Name and address ofOwner(s) or reputed Owner(s): DAVID MERLE KYLER LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 230 HERMAN AVENUE LEMOYNE, PA 17055 LISA A. KYLER 905 SCOTTISH COURT MECHANICSBURG, PA 17055 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 AMERICAN GENERAL FINANCE,INC. YELLOW BOOK MID- ATLANTIC AND RUEBEN H. DONNEL Y LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 125 GATEWAY DRIVE, SUITE 109 MECHANICSBURG, PA 17055 1300 MORRIS DRIVE, SUITE 200 WAYNE, PA 19087 ,,-- .~,-~ -'" "." "'::- ~, " . ,I ^"~" . , 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.) ... . DAUPHIN DEPOSIT BANK AND TRUST COMPANY P.O. BOX 4800 HARRISBURG, P A 17111 BANKER TRUST COMPANY OF CALIFORNIA, N.A. THREE PARK PLAZA IRVINE, CA 92614 UNITED COMPANIES LENDING CORPORATION C/O MARK UDREN 5. Name and address of every other person who has any record lien on the property: P.O. BOX 1591 BATON ROUGE, LA 70321 NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 118 HOGESTOWN ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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. ~~~~ F FEDERK1AN, ESQUIRE Attorney for Plaintiff May 2.2001 DATE =~" ~ ~ -~ ,-, . >-.. -,,;. -" '... i '~ llili!17', , COUNTRYWIDE HOME LOANS, INC., F/KJA AMERICA'S WHOLESALE LENDER Plaintiff, CUMBERLAND COUNTY No.Ol-721-CIVIL v. DAVID MERLE KYLER LISA A. KYLER Defendant(s). May 1,2001 TO: DAVID MERLE KYLER 230 HERMAN A VENUE LEMOYNE, P A 17055 LISA A. KYLER 905 SCOTTISH COURT MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 118 HOGESTOWN ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10;00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by COUNTRYWIDE HOME LOANS, INC.. F/K1 A AMERICA'S WHOLESALE LENDER (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the DECEMBER 5. 2001 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. 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. ~=~~ ~- " ~' .. "- ~" ;. ,- -, ,', '~~:.f,g. , You may need an attorney to ass.ert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215)563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 , - ~ I ~ , .'..;'~ ':" ~ . . :.:s.:.;....:?'=:.: ~- . land si1:uah in the Townshll' at ~F:::'~!?~> '. and S1:a1:e at Pennsy1yania, bounded ~~~~~~~ , , 4"o.'!' rs1i..,,"- . . .:.\~",1;\.' . :"......:i~...,~. .. ......:~.:.:..'!:'";....... BEGINNING at a point. in t.he cent.et' at the Ho,\!est.awn Road; thence by land .: '. ',.i now or fo~aep1y of Lloyd Doner, Not'th 35 degt'ees 45 ainut.es East, 1060.95 " feet. to a ~in an line of land now ot' toraet'ly at said Wat'd, Sou1:h 55 degrees. :erponeously se1: tot't.h in pt'iat' deed as 65 de'\Jt'ees), East, lOZ.65 teet to a pin in cot'ner at lot now at' tot'aet'ly ot Willia. B. Kaley and Elsie I. Kaley. his wite; t.hence along sa1d land at Willia. B. Kaley and El51e I. Kaley. his wite, South 35 degrees 45 .inutes West. 1060.95 teett.o a point. 1n the center at .1:he Hogestown Road; t.hence alongt.hlt "'enter of said Road Nort.h, 55 degt'ees West.. 102.65 teet. to a point in the cent.er of said Road, t.he place at BEGI~INNG. CONTAINING Z.S act'es and havln.) theron erected a aobUaLltoa.. known .~~}~u.bered as 119 Hogestown Road, lIechanicsburg, Pennsylv.ni...,ii,::'.:;' , ~~~?~.; ~ ALL THAT CERTAIN piece or parcel at Silver Sprin'\J' Count.y of Cu.oet'land and descr1be~ as tallows: :., .,.:.. ; ':--:~,':~f:~t:'>. BEING t.he saae preai~es which Geraldine Kal.y'ltii~on lIorrett.e and Lee E. lIorret.te, her husband by Deed dated ~ulY 16, '19'6 and recorded in COJaberland County, in Deed Book A, Valuee 32,':pa'\!e 615 cony eyed unt.o Sandy K. Rhoades. :'::..'~~. . .-!/~..;'~. PREMISES: 118 ROGESTOW ROAD TAX PARCELL NO. 38-21-0289-017 .- . ' ~ - ~ '".~ ~' -" 1_ ~~ ~W~k,'. . , WRIT'O;F ~~E~VTION and/or ATTACHMENT . e; .;, i ~ ~t'.' COMMONWEALTH OF PENNSYLVANIA)" ; ui NO, 01-721 CIVIL 19 80UNTY OF CUMBERLAND) CIVIL ACTION. LAW TO THE SHERIFF OF CUMBERLAND COUNTY , ,1o"satisfy the debt, interest and costs due Countrywide Homes Loans, Inc., f /k/ a ,'..'...i"" Am~r:Lii'ia:i:.s Wholesale Lender from ::Da'vid Merle Kyler, 230 Herman Ave. Lemoyne PA 17043 and 905 Scottish Court, Mechanicsburg PA 17055. PLAINTIFF(S) Lisa A. Kyler, -_. DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at; 118 Hoqestown Road, Mechanicsburg PA 17055. (See attached legal d~scrj,!>tion. ) (2) You are also directed to attach the property of the defendant(s) not levied 'upon in the possession of , ~", :'i' , GARNISHEE(S) as follows and to notrty the garnishee(s) that: (a) an atta~Mf!1Elnt has been issued; (b) thegarnishee(:s) ist@fll ~,'ili9il1,l;l9 from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If propertyofthe detEmdaflt(s) not lev(ed upon an subject to attachment lsfGund iothe possession of anyone other than a named garnishee, you are di~eete(Nti,notify him/her that he/she has been added as a garnishee and is enjoined as abOve staled, Amount Due $87.323.31 L,L, ($14.3~ per dlem) Interest 3/22/01 t-n CJ/'" /01 $2.397.20 Due Prothy Atty's Comm % Other Costs $.50 $1.00 Atty Paid Plaintrtl Paid $132.12 Date' Mav 10, 2001 CURTIS R. LONG REQUESTING PARTY: ", ~ if);':'=;; Oeputy Name Frank Federman, Esq. Address: One Penn Center @ SUburtJan Station Suite 1400 Philadelphia PA 19103 Attorney for: Plaintiff Telephone: (215) Supreme Court ID No. 563 7000 12248 l'r'''o'~~)~_~~,,''_~''''''''';' ,-. ,,-- ..Iii _~4c'Bd~"_',"," ""'_"'-':"~'i",'O;;,,'I.~i,~f'~';-';l"i-"'h~l!\E~~iJ~!i'iltMm'h~~~~'~~r~!i&":!!MIt~j: :~l'~~'U_ _8 =-- ~i e> c:;;u , c:;:;;J c::::l <5V (iijil u ;,i '" i:1 n i'l I' i:1 'I , i , I il ii I :1 , :1 II Ii ,I J ,1 i j , REAL ES1A1E SI\LE No. J~ , P' \JilfYl.'1' '1 j ;zoo I the sheriff levied upon the oetenoi1l, interest In the real !property situated in CUmberland County, Pat., known and numb&r8d as: , I ~ 1fo~ &:J 1YL~anlf 4- and more fulty described on ExhIbIt "A" filed with this wrtt and by this reference lflcorporated herIln. Date:~ I~J dool By: t!~Jr'1P tJ ])e.p~Nf ~~ '11~>,\\{3d ~\ ~\1 II. ,\ ~_. \.', r~ \' '_o~" ,'. \,-1, ,I, '\' , , ' . , , \\ ~'\\ \~. \') 1.1\ t. ,w'l\) .! ;!.JI"I,O ul\i\Vj ~y l ~Q "n\:b ~i\'l\:l\\S, I -, ,,-, ,~., . h ^,~, ~,~ ~.~_~, J" '" _"q~'= l ;;. ,,,', . " - - . ~.J, " "~" .. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. 1.1784 STATE OF PENNSYL VANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Edit9r 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 tl1'e printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. I RogJr M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 ~j~~~; _~~A/ , NOTARIAL'SEAt. LOIS E. SNYDER. NoIary Public ~Boro Cumberland County My Conln ii linn ExpinIa Man:h 5; 2005 REAL ESTATE SALE NO. 14 Writ No. 200 1.721 Civil Country\vide Home Loans. Inc.. f/k/a America's Wholesale Lender REAL ESTATE!: r,t( Nc. 14 Writ No.20t-j.721 C/vitTerm CoUntrywide- Home Loans, . Inc., F/KJA AI'lerica's Wholesale Ler:tder v. David Merle Kyler UsaA. Kyler Atty: Fta.n~ ~ederman DESCRIPTIO N vs. David Merle Kyler and Lisa A Kyler Atty.: Frank Federman ALL THAT CERTAIN piece or parcel of land situate in the Town~ s~pofS~rSprin~Coun~ofCwn- be-rland and State of Pennsylvania. bdunded and described as follows:_ BEGINNING at a point in the cen- ter of the Hogestown Road; thence - by land now or formerly of Lloyd Doner, North 35 degrees 45 min- utes East. 1060.95 feet to a pin on line of land now or formerly of said Ward. South 55 degrees, (errone- ously set forth in prior deed as 65 degrees), East. 102.65 feel 10 a pin i~'L9,0D1.~T"_9.(]9t_no~ or formerly of William B. Kaley -and Elsie 1. Kaley, his wife; thence along said land of WIlliam B. Kaley and Elsie 1. Kaley, his wife. South 35 degrees 45 mln. utes West 1060.95 feet to a point in the center of the Hogestown R.oad; thence along the center of said Road North. 55 degrees West, I 102.65 feet to a point in the center of said Road. the place of BEGIN- NING. CONTAINING 2.5 acres and having theron erected a mobile home known and numbered as 118 Hoges- tOW'rl Road. Mechanicsburg, Penn- sylvania. BEING the same premises which Geraldine Kaley Wilson Morrette and Lee E. Monette, her husband by Deed dated July 16, 1986 and recorded in Cumberland County. in Deed Book A Vol1.rme 32. page 615 conveyed unto Sandy K. Rhoades. PREMISES: 118 HOGESTOWN ROAD. TAX PARCEL NO. 38-21-0289- 017. ., '., ," ..... Ai.c ~HAT cBq':AI!'~'- pied: (j( 'parcel or l:1O~i . ~fhft{rC"il1 che 'wwnship of SilVl'r Spring, C'ounlY ':.oJ Cumherland 3nd SrJ.lc DT Penn~yl\'ani,l, hounded and'd~o;cr]hed a~Jol1ow.r,: r .J,3;EGlNNING at a. oornt fn the ~enlcr of the H(l~t."itQwn""Road; -thence b'l j,tnd \low or flmrterly oj'LloYd Dl)l1cr, Korrh 35 d~g~s .+S mjnul~s ea'it.106D,95Ie~~{ to :1pin on line of land . no\\'" 'il, formcrlv of sait) Viard, South 55 d~r~~s. , (erro~tolt~lY Sl::t forth in' pnor tlM a.'{ V-,"i ,. degree$), EaSl, to2.65 feet to apin in comer of lot 'ij()\l! Of fOmlcrlv of WiUi'am B. Killey and Eblc 1. .K:ney, his :wlfc:tht:nce along 5;lld land of WilHam . 8., Kaley ,and Elsie, I. K;llcy, hi'i wife; south 35 de~cs 45 o'ulluics wt:->c l(Jf)(J.9S feet 10 a pOint '. in' thc center or the Hoge,',to(~11 :Road; thellCe , -a!onlpfie cc.n~r' of !>'lid ROfld North. 55 d~gn~es . West. 102.65 feet to a p6Jnt i,1\ th~ C:cntef' <if'said ,R.9,,'d! the plaq; of ;BEGlNNlNG. CONTAINING 25 acI\.'S and M\'ing (hereon erected a mobllc . '.'flOmc know.n :m,d :nu}llbcred ?? 118 HogcslOwn , Rood, MeCliaj)iC.~biirg, Penm.ylvsnj.t " . BEING the s:'U1'ie premises' i-1jic.h Geraldine KaTey \\~l>on Morretle :ind Lee E. Morrelte, her nusband, bv D~cd dat\.'d Julv !('j,' 19R6 and Jt,'C\)rdeU in -Cuiniwd:lfld COUllty, in Dc~d Book A,'VoJumc 32. p.1gC 6]5- . cjmvcyed unto S',muy K. RhoHtk~<' PREMISES: 1181l0GESTOWN ROAD" " ,,'t'\X PARCELKO. 3g.jI-02KQ~ on. ~"~ . =' t ,~ ",~~~I ,;, J,....... l ,"', - ",~ '~tI;,-ol ,.. ~ 11':~... THE THE PATRIOT NEWS SUNDA Y PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly SWOrn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot.News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot.News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th and 31 st day(s) of July and the 7th day(s) of August 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Mi~ellaneous Book "M", Volume 14, Page 317. I ~ PUBLICATION COpy S ALE #14 n 0 an su TIllY l- RuSsot!;" .. Hanlollulg. 0aIlphtn My Comml80t0n E Member, PennsylVania Associalion at NQlarios NARY PUBLIC My commission expires June 6, 2002 CUMBERLAND COUN1Y SHERIFFS OFFICE CUMBERLAND COUN1Y COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 205.44 1.50 206.94 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. 61'.................................................................... .~o -~ FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER vs. DAVID MERLE KYLER LISA A. KYLER AND NOW, this 1l{~day of - .~ ., "''';__Ie. i:!i["'lS ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-721-CIVIL RULE ~... Q ~ sf '2."0 , a Rule is entered upon DAVID MERLE KYLER & LISA A. KYLER, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. ...:. 3~ I..' 2.0 J ? 1 So. 0' ~~" L"'<- to. . RULE RETURNABLE t~~ day UL , BY THE COURT: dJ~ 0 c.~,'; () c..: 'n <?'. "'" -0 C.r:_~ '-1 -r III (, ~J5 '-lI "",' ::p f"lr= ~. 7' c~ :r~~ P3 (,., . --_I ~... )': "c.1 (,~;~:; C; Z C) )> C ~-? f~5r'n Z ,.." -j - :D -< ~ - -< __"'H'~""~ " , ," - - _l'"",' >",'__; ,-'e "Jr'1 FEDERMAN AND PHELAN by: Dantel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. DAVID Ml;:RLE KYLER LISA A. KYLER CIVIL DIVISION NO. 01-721-CIVIL ORDER AND NOW, this day of r the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount 9/1/99 through 9/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 73,222.18 10,859.44 648.96 3,661.00 1,462.50 0.00 589.50 0.00 0.00 2,155.67 TOTAL $92,599.25 Plus interest per diem from 9/5/01 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. ~'~~,--- , ",', ,~ ,',.-<o~, _"0 _, '.l.~ " ,''i - , ,l -"~- ~ "~'- FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. DAVID MERLE KYLER LISA A. KYLER CIVIL DIVISION NO. 01-721-CIVIL PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered by default dated on MARCH 22, 2001 in the amount of $87,323.31. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a Chapter 13 Bankruptcy (#1- 00-0074 6RJW1) filed on FEBRUARY 24, 2000. Plaintiff obtained relief from the automatic stay by Order of Court dated NOVEMBER 15, 2000. 3. The mortgaged premises are listed for Sheriff's Sale on SEPTEMBER 5, 2001. 4. Additional sums have been incurred or expended on Defendant (s) I behalf during the time the sale was postponed or ,.-~"""""" . ~~ . ., .'. 'v' ' ~ ' .," " .- "'~ stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 9/1/99 through 9/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 73,222.18 10,859.44 648.96 3,661.00 1,462.50 0.00 589.50 0.00 0.00 2,155.67 TOTAL $92,599.25 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth in paragraph f'our in the amount of judgment against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. -07 C--P Daniel G. Schmieg, ESQUIRE Attorney for Plaintiff -2- ~~." - '"'''' ".' ...' ," :., ,c~ .J;;", " '" - '''' " "" '.., ,'~ .' _ ' " 'r.'" _ ,,, ~\, FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. DAVID MERLE KYLER LISA A. KYLER CIVIL DIVISION NO. 01-721-CIVIL BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant (s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant (s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff T s Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub iudicia, Defendant (s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant (s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff1s Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. ,~, " , -" -,- -, . 'J, II. ARGUMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E" Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super 1988) . In Chase Home MortGaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "... could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage 1 s failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Realitv Companv v. Burns, 414 Pa. 495, 200 A.2d 335 (1971) . Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages '~"",~h~"~ . ",,,"'C ",'.,' -'-~:.0 -I" , "'., will not be detrimental whatsoever to Defendant (s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfullY submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. toil ~ DANIEL G. SCHMIEG, ESQUIRE .~ ~' '-'- J _ - , " ~' ,,"', - " ", -. "-' " - , j ~~~~ ~ 4~li""~'l :' ij ." J RJ:;Ci'-i\,.:,., ....-. t. _ _: .CA. ~ L.. :) ~,,:, ~~.. 1 .' ....... ~t.l\. -z., --,.' j;f~ ..?3/..S , FEDERAL NATION,\L MORTGAGE ASSOCli\TION COUR'? or: COMMON PLl~l\S I'HIL}>.DELPllli\ CO,Utl'r't C!V~L TRIAL DIViSION vs. JOSEPH JEFFERSON' ~n~ . ROSIE JEFFE.!l.SON, his '.life . ,. HAY TERM,' i9B2' ;'/'. NO. 2359 ~,HJi! OROER AND OPINION WR!TE, J. !\.NO NO>, t this '. 7' day of ;,.- rea , lq-db, upon conside;-ation of Plaintiff, Fedcrl:\l National t~ortgaqe Association's Petition for Reconsideration Nunc Pro Tunc of this Court' S Ordar of November 7, 1985 and the An!lwer thc,rGto of Defendants, Josaph Jefferson and Rosie Jeffe:son, it is hereby ORDERED and DECREED as'fOllOWS:, l} Said p~~~~on is GRANTED: G,r. . ! .."'!l:l.: .'-" 2) ~~sr~cnrt's Order of November 7, 1985 i~ ........~'1. r".., I .,~... r.2;'" c 'c.' . . ,\..~'" REVERSED and ~laintif~'s Motio~.for ReaSSessmQnt~of Damaqcs is .\..."" t'''{.~~~ . '. """ h";~ '. '\... . ~-..... '\' ".0 oC",\',J.' ';i(,- , . , 3) J'u'~~;t is h~roGy inct'oa:;l;d to $6,147.7 to t '- GRANTED; Becaus<: Pl,aintiff was requ'ired to aC':Gpt cu rrlmt 1.. : IllQrtgage payments upon the f,tling of .Defendants' bc.nkruptc:y . . petition and in fact did so, it is necessary to ranss(!ss the a~ount of da~ag~s that initially were assess~d after judgmGnt by default was' enterod in this a~tion. Because DGfendants have not refuted the specific amounts claimed - 1 - \ /" ./- . . : ~-'1Ii.lI . J 1'" - ,"'" ';'0 ,"",h' ",.';"; . ",' .. ~,,; .- by Plaintiff in the instant Motion fo:: ReaSSeSSl1lClr.t, tl1i,,; pursuant to Pa. R.C.P. 1029Cc). Court finds that Defendants have a~mitted these amounts" '1' BY THE COURT: ~.;:- .--:- THOMAS A. WHITE, J~ I i I , ~- lliih~ " , .! . ! .. : . :,') ,. l" , , \, ,,,;;;;. ~. ' ,-~" Jo ~'," ' ",-; " i,; . VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subj ect to the penalties of 18 Pa. c.s. 54904 relating to unsworn falsification to authorities. DATE: August 13, 2001 Q.O~ Daniel G. Schmieg, Esquire Attorney for Plaintiff ",,-'~-\J~ FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER vs. DAVID MERLE KYLER LISA A. KYLER ,,-- ", .', "0 ,.-"_ -' ~_ ' _ ~" ~ ", 'T'fr,;.!i ~ .. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-721-CIVIL AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on Auqust 13, 2001. DAVID MERLE KYLER 230 HERMAN AVENUE LEMOYNE, PA 17055 LISA A. KYLER 905 SCOTTISH COURT MECHANICSBURG, PA 17055 DATE: August 13, 2001 '\ ~ Danie G. Schmieg, Esquire Attorney for Plaintiff ~~~~~:Wiill~~~~~\!;'iSh\&,~o"~"lMa~r,,"'Mi!tiJ.will~l...J.;... : ; ~'~ =c=,. ~ ~ ~ ,~," - ~._ ,,~, _ ~,e~~"v ., ,; ','~' < ~, ~ I-l:ioid . >< ~ ~, ~" o ~ -ofr' o;!.'~\ Ze ~~" ....:.1.,. ~ ~C) bCj ;PC ~ c> "P" ... ~~S -- ~ ~i:~ C', ::r~': ..- -. ~::1 '_.) co I I -"1'"1 \>:~\ , , '.:~t .~ ~TJ '-< ~ '1: "'~~" .,0 -, . ~ _ - ] , - , _ , ~M'~ 'C:o if~b!: FEDERMAN AND PHELAN by: ,Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) '563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. DAVID MERLE KYLER LISA A. KYLER CIVIL DIVISION NO. 01-721-CIVIL PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon DAVID MERLE KYLER & LISA A. KYLER, Defendant(s) to show cause why the attached Order for, Reassessment of Damages should not be entered. \~~1Q,~" Attorney for Plaintiff ~_''-''"'''''~"~8"!ll:1l!i~'\l;lijj~~~?i,;,.M~W~J~~mm~~'>Il ""''l'me''''''"-',. ,~, ,"P,> ~~~,. ',,,,"' _""_"~"'_ ,.~=~,', ~.~""." _,.,<"',I"~,~,"_"C"' ~,_ .~ ;1. '~""M.t7 . .~" ~ ~ . - ,j,:.. ~:,n~"~ "~.~6 ,--. = , ~... ~ ,"'~, ""'.....,,.,....,~ .~' () C, (:, C <' -;"} -o_o~ ",. 111R;' z'" G-' _"TJ " :z-o U,S' c -<;'c , 1<C ;j'::I' PC' ZC; ~>C '2 :z :;:! ,:,,) OJ " ~ [: ENTITY FAP '" 'ENDOR ,\:othY of Cumberland County [PCUMB] CHECK DATE 8/14/2001 CHECK NO. 150492 1 , DOC AP1JLY APPLY TO NO Tot DATE INVOICE INVOICE DOC AMOUNT DISCOONT PAYMENT AMOONT 150492 135994 08/14/01 4186622 9.00 0.00 9.00 LONG, T , ) ~ , , It ~ FEDERMAN & PHELAN 9.00 ATTORNEY ESCROW ACCOUNT ONE PENN CENTER, SUITE 1400 '~~eaIj;6ElJ'L!cJ:jI!\, PA;1@10~,,18,11 (#-':':':':':;:':':':'::':':':':':':':':':':':':':':''':'i'i':'''''':''(~'';''c-li;.~[~;~~~'"'~.t~~;~~:i"'II"i",",":I::iWJ;"~.l~~M3~!!lI.<2'!"';'L~,;liI,h''':::hJil:::i.l:l.j"-_'~:;~::~:::':I.'::III;;t..!;"".;;~!,.1;.l:.7;:~:"'I!~I~"If];.,,J,,",""'.I~;;~"~ N~""':-'l ATTORNEY ESCROW ACCOUNT PHIlADELPHIA, PA 19146 1504 92 ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103-1814 ORM Qlj..l4-:!OD1 DATE 8/14/2001 AMOUNT *** * *.k*.;," * ** 9.00 Pay NINE AND 00/100 DOLLARS Void after 90 days To The Order Of Prothy of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 ~~ ~ A::"~" ' "'....,..... ~,.,c,...A-f:iL:"",( . '~t::~::::5',~J.' , !~""'" , '''''''''''.'"'.'"'.'"', ". ".'"'. ",'"'..:::.::, :....:..:::.::..:':. ;~;:i"-,'-"lI,:...r.i."'.!\'!I~ ~_"~.!r.~"~~ \~ ~~~I ::l''::',iK''i::>i&.---;~ '\", =-'~';-,'~K",~~l~;~.! ,"" ;,i'~"l:~ "J"';'=->:",'~':>..'M",", .,f,......,' :<.'::.1:>'1';........ "....: \ ;:1j,~~:~,'",'."7r!!!!!:;:.'?!..:i.E.',7,7",:,:,:,,':.,:.,.:':.' "7...:::.::..:.'..::.::..::,::,::..::...::..:::.:3:@~f0ti lI'lo501.,"I211' U:O:lbOOloBOBI::H. lo50Bbb bll' ~,- '.',', -'_'~~I.'''''' L<_ ik, : r/ AFFIDAVIT OF SERVICE t PLAINTIFF COUNTRYWIDE HOME LOANS, INC., COUNTY: CUMBERLAND F/K/A AMERICA'S WHOLESALE LENDER No.01-721-CIVIL DEFENDANT(S) DAVID MERLE KYLER LISA A. KYLER Type of Action - Notice of Sheriff's Sale SERVE DAVID MERLE KYLER AT 230 HERMAN AVENUE LEMOYNE, PA 17055 Sale Date: SEPTEMBER 5, 2001 SERVED . ~ ~ Served and made known to l II 'hb I ~ 'v (}tr . Defendant, on the / ;;2 1', day of , ,-1J1a:; , 2001., at/(X//f ,o'clockR:m.,atd'3o ,!-trY/rafl k / i-en-r}./yfl.f.. Pc, (foS""'\ ,Commonwealth of Pennsylvania, in the manner described below: )( Defendant personally served. Vh/J J.I. , Adult family member with whom Defendant(s) reside(s). Relationship is '/ r (& 1 vul-- 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 of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age,S (-iPs Height 5''f-:S',j''WeightdwrZoo Race~Sex~ Other !, ~1{^CUtt'l", p.Ro. ~'~ ' a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the otice of Sheriffs 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 subscri~ed before me this ~ day of 1 .1- Notary: NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - J.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 ~~.~t"; . '~1titi:!~iW,W'm~ft;f:;i~Mii!w.i!W~'-i;!!~Ml'j,;;;W.;,lW";NI?$t;"M',ft1.l~'<I~'i"!'<O-''''';.- ~,,~., "" .~ , ,<,~, ,_ ,'_M ,~. , """'" -,'- -, I,~,~I.-< .. '~,' C) 0 0 C -n s: t... :-:;1_. -0 "CP c:: mm % i"'i'1p\ Z::O ! :H12? ~'i; C1' ,c, ~Q ~C; -0 ..,.. .. ;0- ::D ~O 3 "~O $'g 'i! J'-Sm "-I :z 0 ~ ::;! ex> ; '1 . 'J,=~-,~,,,,,,"..- . ,,,,~,1. _< -- ,.:.J ,~ AFFIDAVIT OF SERVICE f PLAINTIFF COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER COUNTY: CUMBERLAND No.01-721-CIVIL DEFENDANT(S) DAVID MERLE KYLER LISA A. KYLER Type of Action - Notice of Sheriffs Sale SERVE LISA A. KYLER AT 905 SCOTTISH COURT MECHANICSBURG, PA 17055 Sale Date: SEPTEMBER 5, 2001 SERVED Served and made known to ~ Sa... j f" r ~;-- , Defendant, on the I ~ f" A. day of may. 200J, at ! /1/(; . o'clock.&..m., at 905) coih.sA [i;1A.-Yfr f1Ilt~ 6uJ jJc;,,, ' Commonwealth of Pennsylvania, in the manner described below: ()(j?efendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(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 crulrge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 2.l..3..5" [,0, au (< a true and correct copy of the the address indicated above. Height fjlf':/"cJ'Weight /!J!!..:i3( Race.&!....... Sex L Other , a competent adult, being duly sworn according to law, depose and state that [ personally handed otice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at Sworn to and subscrib~d before me this d. [S day of VJtliIt;Al --:zo . Notary: t NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ~;r"" "'-1'-,;, ! '1~< <.. .,'.,' , ,- " ""_,,-,,,,,,-,',~~_ijjj"""'-~"~~'-"'~. '. '<'~wi;(j~1iiJ"ki(tl[it'~'"" ~ '.~'4'&Ji[;5,~ili-~>,''''''L~',~I''il.'l._:"..dih'''- . l.d.il~Si< ." ~"':~" ~~. 0 0 C -' ~ -11 '- ,.., "Om c::: ~Ti;~ ~,g:] z I -Qhl 6;~; 0", ~:::~ c;:: Z ~O ~,:~Q -0 ~5~ ~o ..". - Z,i7l >8 '-!: 0' '-1 ~ 0 ~ 0::> . 'I II I I I I I I f~ ,-~"" ,C" _'ri.', .'C ~,'.< "". SALE DATE: SEPTEMBER 5. 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC., FIK/AAMERICA'S WHOLESALE LENDER No.: 01-721-CNIL vs. DAVID MERLE KYLER LISA A. KYLER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 118 HOGESTOWN ROAD. MECHANICSBURG. PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required byPa. R,C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy ofthe notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. F FEDE A torney for Plaint rf August 28, 2001 '-', "~" ,,' .'''-'"','.,,'', "~' - ". >, - " - ~ ' ''- > , "e'L " COUNTRYWIDE HOME LOANS, INC., F/K1A AMERICA'S WHOLESALE LENDER CUMBERLAi"lD COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DAVID MERLE KYLER LISA A. KYLER NO.Ol-721-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) COUNTRYWIDE HOME LOANS, INC., F/K1A AMERICA'S WHOLESALE LENDER, 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 118 HOGESTOWN ROAD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAVID MERLE KYLER 230 HERMAN AVENUE LEMOYNE, PA 17055 LISA A. KYLER 905 SCOTTISH COURT MECHANICSBURG, PA 17055 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.) AMERICAN GENERAL FINANCE, INC. 125 GATEWAY DRIVE, SUITE 109 MECHANICSBURG, P A 17055 YELLOW BOOK MID- ATLANTIC AND RUEBEN H. DONNEL Y 1300 MORRIS DRIVE, SUITE 200 WAYNE, PA 19087 , 0'"".- - J_ ~ ^ " -,~".",~ ' i ",',~ '.- "' _.- j&l+ ~ \ DATE; May I, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) DAVID MERLE KYLER LISA A. KYLER PROPERTY: 118 HOGESTOWN ROAD MECHANICSBURG, PA 17055 Improvements: Residential Property The above-captioned property is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 5, 2001, at 10:00 a.m. in Cumberland County Courthouse, South Hanover Street, Carlisle, P A. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are tiled thereto within 10 days after the filing of the schedule. LH ,,--,,~ '" . ....; r g" ~ ;' 0 0_ - - - - - - '" 00 -.J 0- V> ... W N - ~ :t: V> ... w N - 0 ~I 8. ~g, ~ '" 0 o' ~ Q. " ~ Z c 3 cr' I 0, "'..; ~ -("l ("l~ ..., ;O~ == ~ ::;::..: "'.. z Pl ~ ;:10 ~~ l"l OZ ~ .. ..:= . ..l"l 3 !].- '. 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