HomeMy WebLinkAbout01-03456
. McCABE, WEISBERG AND CONWAY, P.c.
0,
. BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Mortgage Electronic Registration Systems, Inc"
its successors and assigns, as nominee for
Household Finance Corp.
636 Grand Regency Boulevard
Brandon, FL 33510
v.
Holly L. Digiovanni
1318 Pine Road
Carlisle, P A 17013
Attorney for Plaintiff
Cumberland County
Court of Cornmon Pleas
Number 0 I - JIf t"b
G()~tr~
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE AVISO
Y Oll have been sued in court. Hyau wish to defend against
the claims set forth in the following pages, you must take
action within twenty (20) days after this complaint .and
notice are served, by entering a written appearance
personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth
against you, You are warned that if you fail to do so the
case may proceed without you and a judgment may be
entered against you by the court without further notice for
any money claimed in the complaint or for any other claim
or relief requested by the plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER
AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
!,.
'--.,,-
"";o;;;+':J'5'~9_o,. "<" ',~"
"'"; ,~', ",- -y ~/=-"'.?<,__",," ""'^"dr-"~ '_'~ . ,',. '., ,~"., .- -
Le ban demandado a usted en la corte. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientesr usted tiene veinte (20) dias de plazo al partir de
la fecha de]a demanda y la notificacion. Hace faIta asentar
una comparencia escrita 0 en persona 0 con un abogado y
entregar a la corte en forma escrita sus defensas 0 sus
objeciones a las demandas en contra de su persona; Sea
avisado que si usted no se defiender la corte tomara
medidas y puede continuar la demanda en contra suya sin
previo aviso 0 notificacion. Ademasr la corte puede
decidir a favor del demandante y requiere que usted
cumpla con todas las provisiones de esta demanda. Usted
puede perder dinero 0 sus propiedades U otros derechos
importantes para usted.
LLEVE ESTA DEMAND A A UN ABOGADO
INMEDIATAMENTE. SINOTIENEABOGADOOSINO
TIENE EL DINERO SUFIOENTE DE PAGAR TAL
SERVICO, VAYA EN PERSONA 0 LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA FSCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
H'_
- -~- - ^-,-~- ,- ",,'. " - '" -.
...,^""'-'---
-
McCABE, WEISBERG AND CONWAY, P.c.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorney for Plaintiff
Mortgage Electronic Registration Systems, Inc.,
its successors and assigns, as nominee for
Household Finance Corp.
636 Grand Regency Boulevard
Brandon, FL 33510
Cumberland County
Court of Common Pleas
v,
Holly 1. Digiovanni
1318 Pine Road
Carlisle, P A 17013
Number
CIVIL ACTION/MORTGAGE FORECLOSURE
1. Plaintiff is Mortgage Electronic Registration Systems, Inc., its successors and assigns, as
nominee for Household Finance Corp., a corporation duly organized and doing business at the
above captioned address.
2. The Defendant is Holly 1. Digiovanni, who is the mortgagor and real owner of the
mortgaged property hereinafter described, and her last-known address is 1318 Pine Road, Carlisle,
PA 17013.
3. On 12/27/99, mortgagor made, executed and delivered a mortgage upon the
premises hereinafter described to Ameriquest Mortgage Company which mortgage is recorded in
the Office of the Recorder of Cumberland County in Mortgage Book 1590, Page 851.
4. The aforesaid mortgage was thereafter assigned by Ameriquest Mortgage Company
to Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for
"~"'i'_-0""'" ,- ""'~'Y '__""';""~'_"'" >;:r;,b'o,,.~,,, ~ H >~ '_"'_"/~",-,"<i<-_ ,",,<''-~''~ ,",,_ .,f"" ~__",. _ -v _ -<,~_ ,",~,
~- ,..", ,';b"c_~.,~'''''_~r_'' ''1"",.._ '-",-"" ~_, "'~, ',._ _c',_ ' -,~~"1,,'~-' '.'" .... _"'~_
Household Finance Corp., Plaintiff herein, by Assignment of Mortgage to be recorded in the Office
of the Recorder of Cumberland County.
5. The premises subject to said mortgage is described in the mortgage attached as
Exhibit "A" and is known as 1318 Pine Road, Carlisle, P A 17013.
6. The mortgage is in default because monthly payments of principal and interest upon
said mortgage due 11/1/00 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon default in such payments for a period of one month, the entire principal
balance and all interest due thereon are collectible forthwith.
7. The following amounts are due on the mortgage:
Principal Balance
Interest 10/1/00 through 5/3/01
(Plus $18.54 per diem thereafter)
Attorney's Fee
Late Charges
Cost of Suit
Appraisal Fee
Title Search
$65,773.78
$ 3,560.34
$ 3,288.69
$ 391.00
$ 225.00
$ 125.00
$ 200.00
GRAND TOTAL
$73,563.81
8. The attorney's fees set forth above are in conformity with the mortgage documents
and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale.
If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on
work actually performed.
9. Notice of Intention to Foreclose as required by Act 6 of1974 (41 P.S. 8403) and notice
required by the Emergency Mortgage Assistance Act of 1983 has been sent to Defendant by
certified mail on the date set forth in the true and correct copies of such notices attached hereto as
Exhibit "B."
".r,~. ,. ,
. ,- ;";"","~,,,'~'~','." ~ ,-'~'N~..-,-~-,tl"'il;''''''''''~";,,, >_,__ .~,'" __"_~...",.~,^. ,,-,,~_~ . -- ,,,- 'c."'._ _ ~,__ ." .'_. ~ ___ _~-"_,,_~~_ _ .' ",~~
. , "~
=."" ~ _oM'
..
WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $73,563.81,
together with interest at the rate of $18.54 per diem and other costs and charges collectible under
the mortgage and for the foreclosure and sale of the mortgage property.
---c - CJMW.-
TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
-~:"_'~""1-' ~i_ _ ~_"'-"" _'f',~,_~",,,,~ _~C" :'5"''''" "".'
"<<_~_=, n, ,~
~,_"-..-_ ".._. ._~__ .~C,__ ~~,,,
p .--",~-,'-, - ~.-
0'._ _" ._
.
.
Parcel Number:
When recorded mail to:
AMERIQUEST MORTGAGE COMPANY
P.O, BOX 11507
SANTA ANA, CA 92711
loan No. 14496384-5697
[Space Above Thls line For Recording Dalal
. MORTGAGE
"
THIS MORTGAGE ('Security Inslnlment") is given on
HOLLY L DfOIOY ANNI
December
27, 1999
. . The mortgagor is
("Ilorrower"). T!Iis Security Instrument is given to
AMERlQUEST MORTGAGE COMPANY
which is orgmUzed and existing under the laws of the State of Delaware , and whose
address is 1100 TOWN & COUNTRY RD., sm. 200
ORANGE, CA 92868 ("Lender'). Borrower owes Lender the principal sum of
Sixty Six Thousand and nollOO--------...----------------~---~-----.-----------"-----
_________________________.____________.___________________- Dollars (U.S. $ 66,000.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for
monthly payments, with the full debt, ifnct paid earlier, due and payable on January 1, 2030 .
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals,
extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to
protect the security of this Security IllStrument; and (c) the perfonnance of Borrower's covenants and azreements under this
Security InslJllment and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following
described property lOCated in CUMBERLAND County, Pennsylvania:
LEGAL DESCRIPTION A1TACHBD HERETO AND MADE A PART HEREOF
EXHIBIT
'~"
which has the address of 1318 P]NERD CARLISLE
Pennsylvania ]7013 lZipCOOo] ("Property Address");
PENNSYLVANIA,Single Family.FNMAlFHLMC WE HEREBY CERTIFY THIS
UNtFORM INSTRUMENT "".m 3039 9/9&-0 BE A TRUE AN[> COP'lECT
G -6H(PAI 194101.02 Am.n~& :, '. '
PlIQejttofG A(II).1P,,\(I1l!:~.V9I) lnltilllbs: OPY OF THE vYtqU''\L.
VMP MORTGAGE FORMS .1800)$21-72 ~y; ./'_
. ' AMERIQUEST MORTGAGE COMPANY
lS_t,City],
':r. ;.
,T'I
.'
....
-
'-
,.
~-''''l!W!W~!1lk~ _ _ _ ~
.,
. ... ..... .. .
TOGETHER WITH all the improvements now or,hereaftcrctected on the property, and aU easements, appurtenances, and
fixtures now or hereafter a part of the property. Allrep1acenilinls and atlditions shall also be covered by this Security
Instmment. Al,""f the foregoing is refm"", 10 in this S~IY iristrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the eslate hereby conveyed and has the right to mortgage,
grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of re<:ord.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real prnperty.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as.follnws:
1. Payment of Prlndp,,1 and Interest; Prepayment and Late Charges. Borrower shall promplly pay when due the
principal of and interest On the debt e.videnced by the Note and any prepayment and late charges due under the Note. ,
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes
and assessments which may attain priority over this Security Instrument as alien on the Property; (b) yearly leasehold payments
or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums,
if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with
the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items."
Lender may, at any time, collect and hold Funds in an amount not to exceed ;the maximum amount a lender for a federally
related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of
1974 as amended from tin:1e to time, .12 U.S.C. Section 2601 el seq. ("RESPA"), unless another law that applies to the Funds
sets a lesser amount. Ifsl>, Lender may,-at any tlme, collect and hold Funds in an amaunt.nat t~ exceed the lesser amount.
Lender may estimate the lU11Ouot of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with applicable law. ' .
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lemler is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the
Escrow Ilems. Lender llUly not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such
a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reponing service
used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or
applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on. the Funds.
Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender Shall give to Borrower,
without charge, an annual accounting of the Funds, showing. credif8 and debits to the Funds and the purpose for which each
debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower
for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any
lime is not sufficient to pay the Eserow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower
shall pay to Lender the atnOWlt necessary to make up the deficiency. Borrower shalJ make up the deficiency in no more than
twelve monthly payments, at Lender's sole discretion,
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale
of lhe Property, shall apply any Funds held ~y Lender at the time of acquisition or ~ale as. a credit agalnsl the sums secured by
this Security Instrument. '
3. Application of Puyments. Unless upplicable law provides otherwise, all payments received by Lender under paragraphs
1 and 2 shall be applied: first, to any prepayment charges due under the Note: second, 10 amounts payable under paragraph 2;
third, to interest due; fouIth, to principal due; and last, to any lale charges due under the NOle.
4_ Chargesi Liens. Borrower shall pay all taxes, assessments, charges, froes .md impositions attributable to the property
whith may attain priority over this Security Ihstrument, .and leasehold payments or ground rents, if any; Borrower shall pay
these obligations in the manner provided in paragraph 2, Or ifnot paid in that manner, Borrower shall pay them on time directly
to the person owed payment. Borrower shall promptly furnish 10 Lender all ooti= of amounts to be paid under this paragraph.
If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promplly discliarge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the o;>bligalion secured by the lien in a manner acceptable to Lender; (b) conlests in good faith the lien
by, or defends against enforcement of the lien in, legal proceedings which in lhe Lender's opinion operate 10 prevent the
enforcement of the lien; or (c) secures from the holder of Ihe lien an agreement satisfactory to Lender subordinating the lien to
this Security Instrument, If Lender determines thai any part of the Property Is subjecllo a lien which may attain priority over
this Security Instrument, lender may give Borrower a natlce identifying the lien. Borrower shall satisfy the lien or lake one or
mote of the acIifl!IH!!~f9R1t .bJ>ye.within-IO days of the giving of notice.
TO BE A TRUE ^' "1 ("~"FCT
COpy OF ThE (): :'1.':".'
_.6HIPAIl'!:l'P1.0' ,oo.2PAt~...... :./
AMERIQUEST ~10,11 GAGE COMPANY
PlIgllzore
L~~~ No. 1449(j384-s6:t'~ ~039
9190 .
:\~-'J!1I!;~.,__,"_R
I~"j,"' ",~
"..
'."
1" ~
-,-
, ~
" ,.,.-
5. Hazard or Property InsU!.. Borrower shall keep the ili1provements t, existing nr hereafter erected on the
Property insured against loss by fire, hazards included within the tenn "extended coverage" and any other hazards, including
floods or flood.i!!8, for which Lender requires insurance., This insurance shall be maintained in the amounts and for the periods
that Lender requires. The insurance Carrier providing the insurance shall be chosen by Borrower subject 10 Lender's approval
which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's
option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a sumdard mortgage clause. Lender
shall have the right to hold the policies and renewals, If Lender require.!, Borrower shall promplly give to Lender all receipts of
paid premiums and renewal notices. In the event of loss, . Borrower shall give prompt notice to Ihe insurance carrier and Lender.
. Lender may make proof of loss if not made promptly by Borrower. .
Unless Lender and Borrower '1iIlerwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, ,if the restoration 9r repair is economically feasible and Lender's security is not lessened. If the restoration or
repair is Dot economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied 10 the sums
secured by this Security Instrument, whether or not then due, with any exceSS paid to Borrower. If Borrower abandons llie
Property, or does not answer within 30 days a notice from Lender 1hat the insurance carrier has offered to settle a claim, then
Lender may collect the insurance proceeds. Lender may use llie proceeds to repair or restore the Property or to pay sums
secured by this Security Instrument, whether or nOt then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
poSlpOne the due date of llie monthly payments referred to in paragraphs I and 2 or change the amount of the payments, If
under paragraph 2111ie Property is aequired by Lender, Borrower's right to any insurance policies and proceeds resulting from
damage to the Property prior to the acquisition shall pass to Lender to llie extent of the. sums secured by this ,Security Instrument
irnrnediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the
execution of lliis Security Instrument and shall continue to occupy llie Property as Borrower's principal residence for at least one
year after llie date of occupancy, uoless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld,
or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair
the Property, allow llie Property to deteriorate, or conunit waste on the Property. Borrower shall be in default if any forfeiture
action or proceeding, whether civil or criminal, is begun lliat in Lender's good faith judgment could result in forfeiture of the
Property or otherwise materially impair the lien created by this Security Instrument or Lender's securily interest. Borrower may
cure such a default and reinstate, as provided in pangraph 18. by caosing the action or proceeding to be dismissed with a ruling
lliat, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material
impairment of !he lien created by lliis Security Instrument or Lender's security interest. Borrower shall also be in default if
Borrower, during the loan application p.rocess, gave materially false or inaccurate infonnation or statements to Lender (or failed
to provide Lender wi!h any material. information) in connection with the loan evidenced by llie Note, including, but not limiled
to, representations concerning Borrower's occupancy of llie Properly as a principal residence. If this Security Instrument is on a
leasehold, Borrower shall comply willi all the provisions of the lease. If Borrower acquires fee title 10 the Property, the
leasehold and llie fee title shall not merge uJ;1less Lender agrees to the merger in writing. .
7. Protection of Lender's Rights ,in the Property, If Borrower fails to perfonn the covenants and agreements contained in
this Security Instrwnent, or there Is a legal proceeding that may significantly affect Lender's rights in the Property (such as a
proceeding in bankruptcy, probate. for condemnation or forfeiture or to enforce laws or regnlations), then Lender may do and
pay for whatever is necessary to protect the value of the Property arid Lender's rights in the Property. Lender's actions may
include paying any sums secured by a Hen which has priority over this Security Instrument. appearing ill court, paying
reasollable attorneys' fees and entering on the Properry to make repai1ll, Although Lender may take action under.lliis paragraph
7, Lender does not have to do so.
Any amounts disbUrsed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security InsllUD1ent, Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
date of disbursemeot at the Note rate and shall be payable, with interest, upon .notice from Lender to Borrower requesting
payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of niaking the loan secured by this Security
Instrument, Borrower shall pay llie preinlums required to maintain Ihe mortgage insnrance in effect. If, for any 'reason, the
mon~age insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the mortgage insurdDcc previously in effect, from an alternate mortgage iosurer approved by Lender. if
substantially equivalent mongage inS!"ance coverage is not available, Borrower shall pay to Lender each month a sum equal to
one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to
be in effect. LenAtl!: 1'l!!l=!!t;9lI'tc!!~~l\l)dlr~these payments as a loss reserve in lieu of mortgage insurance, Loss reserve
TO BE A TnUE P~l' C'-'PilECT . ~
. COPY OF lHE ('I~.l.!. )- . Inillels:
CC\.6HIPAII94\Sl,/,:, 4Ol-JPA ("'. """ ;/_. p,.. 3 ". Loan No, 14496384-5697 . 039 9/90
. AMERIOUEST MORTGAGE COMPANY
~7"'W-!ll!~HJI!l:
.""1'~",
'.
"< ,.
1"""."'''''' .
~ .
.' payments may no longer be reqUired!the option of Lender, if mortgage insurance !,rage (in the amount and for the period
that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay
the premiul\1S.r.equired to maintain mortgage insurance in effect, or to provide a loss reserve, u~til the requirem~.t for mortgage
insurance ends in accordance with any written agreement between Borrower and Lender or applIcable Jaw. .
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. CondelWUltion. The pr~s of any award or claim for damages. direct or consequential, in connection with any
condemnation or other taking of any part bf the Property,' or for conveyance in lieu of conderrmation, are hereby assigned and
sball be paid to Lender. . .
In the event of a total taking of the Property, the proceeds shall be applied to Ihe sums secured by this Security Instrument,
whether or not then due, with any excess paid to Borrower. In the event of a partial taking of tb~ Property in whioh the .fair
market value of the Property inunediately before the taking is equaltD or greater than tbe amount of the sums secured by tbis
Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, tbe sums secured by
this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total
amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately
before the taking. Any balance shall be paid to Borrower, In the event of a partial taking of the Property in which the fair
market value of the Property immediately before the taking is less than the amount of tbe sums secured immediately before the
taking, unless Borrower and Lender otherwise agree in writing or unless appliCable law otherwise provides, the proceeds shall
be applied to the sums secured by this Security Instrument wbether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers 10 make an
award or seltle a claim for damages, Borrower fails to respond to Lender within 30 days after the date. the notice is given,
Lender is authorized to ooilect and apply the proceeds, at il$ option, either to restDration or repair of the Property or to the sums
secured by this Security Instrument, wbethcr or not then due. .
Unless Lender and Borrower otherwise agree in writing, any application of proceed1 to principal shall not extend or
postpone the due dlUe of the monthly paymenl$ referred to in paragraphs I and 2 or change the amount of such p'ymenl$.
11. Borrower Not Released; Fnrbearance By Lender Not a Waiver. Extension of tbe time for payment or modification
of amortization of the sUms secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall
noloperate to release the liability of l!1e original Borrower or Borrower's successors in interest. Lender shall not,be required to
commenee proceedings against any suC(:Cssor in interest or refuse 10 extend time for payment or otherwise modify amortization
of the sums secured by this Security Instrument by reason of any d"",and made by the original Borrower .or Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy sball not be a waiver of or preclude the
exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agree~ts of this
Security Ill$tnnnent shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenanl$ and agreements shall be joint and several, Any Borrower who co-signs Ihis Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to ,pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend. modify, forbear or
make any accommodations with regard to the teriDs of this Security Instrument or the Note without thaI Borrower's consent,
p. Loan Charges, If the loan secured by this Security Instrument is subject to a law which sels maximum ioan charges,
and that law is fmally interpreted so thIU the interest or other loan charges collected or to be collected in connection with the
loan exceed the permitted limits, tlien, (a) any such loan charge sball be reduced by the amount necessary to reduce the charge
to Ihe pennilled limit; and (h) any sums already collected from Borrower wbich exceeded permllted llmlls will be refunded 10
Borrower. Lender may choose to make this refund by reducing the principal ow~d under the Note or by making a direct
payment to Borrower. If a refund. reduces principal, the reduction will be treated as a partial prepayment without any
prepaymeiJt cbarge under the Note,
14. Notices. Any notice to Borrower provided fodn this Security Instrument shall be given by delivering it or by mailing
il by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address
or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to
Lender's address stated herein or any other address Lender designates by nolice to Borrower. Any notice provided for in this
Security Instrument shall be deemed to have been given to Borrower or Lendcr when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In tlle event thaI any provision or clause of this Security Instrument Or the Note
conllicts with applicable law, sucb conflict shall not affect other provisions of this Security Instrument or the Note wbich can be
given effecl without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared
to be severable.
16. Borrowetl}ll~Rl!Yl ~<n'I!;r, ~.l!<1-g!JIen one conformed copy of the Note and of this Security Instrument.
TO BE A TAUE MID CORRECT
. COpy OF THE 0, II.,:; . ",,,..,.d.-.t7 f.
G<>>-6H(PAJl94'.','!3,'!l>'PA(m-._ .,;/.. p.....,. LaanNo.144963ll4-5697 ~039 9/90
. AMERIOlo~:Sr t.!C'" '~.!(~E .:OMPANY
--,~,!,~
""
.< -
- 1-
"'"
;
,
.
..
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any p;Lrt of the Property Or any interest in it
is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) withom
Lender's prioLwritten consent, Lender may. at its option, require immediate payment in full of all sums.~ecured by this
Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date
of this security IDStrument.
If Lender exercises this option, Lender shall give Bnrrower notice of acceleration. The notice shall provide a period of not
less than 30 days from the date lbe notice is delivered or mailed within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Relnstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of Ibis Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays
Lender all swns which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)
cures any default of any other covelUlllts or agreements; (c) pays all expenses incurred in enforcing this Security Instrument,
including, but not limited to, reasonable attorneys' fe..; and (d) takes sucb action as Lender may reasonably require to assure
that !he lien of Ibis Security Instrument, Lender's rights in the Property and Borrower's obligation to pay Ibe'sums secured by
ibis SeclIrity Instrument shall continue unchanged. Upon reinstatement by Borrower, !his Security Instrument and the
obligatiollS secured hereby shall remain fully effcctivc as if no aeccleratinn had llCCurred_ However, this right to rcinstate shall
not apply in the case of aceeleratinn under paragraph 17, '. .
19. Sale of Note; Cbange or 1.oan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior nntice to Borrower, A sale may result in a change in the entity (known
as the 'Loan Servicer') that collects monthly payments due ~nder the Note and this Security Instrument. There also may be noe
or more changes of the Loan Servicer unrelated to a sale of the Note, Iftbere is a change of the Loan Servicer, Borrower will be
given written notice of the change in IlCCOrdance with paragraph 14 above and applicable law. The notice will state the name and
address of the new Loan Servicer and the addr..s to Which payments should be made. The notice will also contaili any other
infonnation required by applicable law. .
20. Hazardous Substances. BOlTower shall not cause or pennit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in !he Property. Borrower shall not do, nor allow anyone else to do. anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply 10 the presence, use, Or
stnrage on the Property of small quantities of Hazardous Substances that are generally recognized tn be appropriate to nonnal
residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit Or other action hy any
gm'ernmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law
of which Borrower has actual knowledge. If Borrower learns, or is notified by any govenui!ental or regulatory authority, that
any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly lake
all necessary remedial actions in aceordance with Environmental Law.
As used in 'this paragraph 20, 'Hazardous Substances' are those substances dermed as toxic or hazardous substances by
EnviIonmental Law and the following substances: gasoline, kerosene, nther flannnable or tn"ic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos nr fonnaldehyde. and radioactive materials. As used in
this paragraph 20, 'Envirnnmental Law' means federllllaws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Aeceleration; Remedies. Lender shaU give notice to Borrower prior to acceleration foUowing Borrower's breach
of any covenant or agreement in this Security Instrument (but DOt prillr to aeeeleration UDder paragraph 17 nnless
appUcable law provides olherwise). Lender shall notify Borrower of, among other things: (a) the default! (b) lhe action
required to cure Ihe default; (e) when the default must be cured; and (d) that failure to cure the default as spedfied may
result iD acceleration of the sums secui'ed by tbis Security Instrument, foreclosure by judicial proceeding aDd sale of the
Property. Lender. shall further infonn Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non--existence of a default or any other defense of Borrower to acceleration and foreclosure. If
the default is Dot cured as specified, Lender, at its option, may require immediate paymenl in full of aU sUms secured by
this Security Instrument witbout further demand and may foreclose this Security Instrument by judicial proceeding.
Lender sball be entitled to collect aU expenses incurred in pursuing the remedies provided In this paragraph 21,
including, IJUt not limited to, allorneys' fees and eosts of title evidence to the extent pernillled by applicable law, .
22. Release. Upon payment of a1t swns secured by this Security Instrument, this Security Instrument and the estate
conveyed shalllerminate and become void. After such occurrence, Lender shall diseharge and satisfy this Security Instrument
to Borrower. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Seculity
Instrumen'- but only if the fee is paid to a third party for services rendered and the charging of the fee is pennitted under
applicable law. ,
23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings
tn enforce !his Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execurion,
extension of time, exemption from attachment, levy and sale. and homestead exemption.
, 24. ,Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the
commencement of bidding at a sberiff' 5 sale or olbersale pursuant to this Security Instrument.
.25. Purchase Money Mortgage. If any of the debt secured by this Security InStrument is lent to Borrower tn acquire title
to lbe Property, Ibis S<<mat:l!lInslrlmlenl;shaIl/beJaIJ!Ufchase money mortgage. ,
. TO BE A TRUE AWl C( "RECT
COPY OF hiE t" ;;6.' ..,. 1rit,,,,,.oI/oi!L(
...-eH(PAII.4101.D~ '9'l'~^,~,21!18) ;_ ...."" Loan No. 14496384-5697 ~3039 9/90
AMERIQUEST MOR: ",AGE COMPANY
,
',~'iiiiK~l,' il~1<ilij, ".~, ~ :fI_
-
''1''-,
- .~~
,-~ ~~" .
~-,-~~,
T_
26. Interest Rate After JUdgmt. Borrower agrees Ihallhe interest rate payl after ajudgment is entered on the Note
or in an action of mortgage foreclosure shall be the rale payable from time to time under the Note.
27. Riders to this Security InslnJment. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each such rider shall be incoIpOrnted into and shall amend and supplement
the covenants and agreements of this Security Instrument as if the rider(s) were a pan of this Security Instrument.
[Check applicable box(cs))
[X] Adjustable Rate Rider
o Graduated Payment Rider
o Balloon Rider
O.VA Rider
o Condominium Rider
o Planned Unit Development Rider
ORale Improvement Rider
o Other(s) [specify]
01-4 Family Rider
o Biweekly Payment Rider
o Second Home Rider
BY SIGNING BELOW, Borrower accepts and agrees 10 the tenns and covenants conlained in this Security Instrument and
i 1l!)Y rider(s) executed by Borrower and with it. .
Witnesses:
H~frltf6r~-~'
(Seal)
-Borrower
(Seal)
..Borrower
(Seal)
-Borrower
(Seal)
-Borrower
Certificate of Residence
I, ~VA,'v!:. ~, fJot(..
the within-named Mortgagee is 1100 TOWN & COUNTRY
ORANGE, CA 92868
Witness my hand this .;;)'1 ~ day
, do bereby certify that the
Agent of Mortgagee
COMMONWEALTH OF PENNSYLVANIA,
On this, the ;;27rb day of ~r=(.ffY'l3~
personally appeared
CUMBERLAND
County ss:
,/7'1'1 , before me, the undersigned officer,
known 10 me (or satisfactorily proven) 10 be the
person whose name I J subscribed 10 the within iru;lrument and acknowledged that J'"
executed the same for the pnrposes herein contained. . tfZEJ
IN W~SS ~HEREOF, I hereunto sel my hand and official seal. /'
My Co . ~
Robin R ~aria' Seal
Camp Hi!' eoro,.1rt,~~tag;P''lbljC;ERT FY THIS
MYCommlsSlonl'fp.;@tS:3N~~~~~ ; C',-:qRECT NOT//R-\I Dl!ft\'1 <-
COpy,. '.. " '.",/ Tideo(Offlcer '
.-6HIPAI"4101.02 ......\1..v.,,199).- -. - . /-._~" L~anNo.14496384-5697
e AMERIOt f:ST MOr.iI..iAGE COMPANY
HOLLY L.
OI<i-)ovlJl\JfI J
~_.
.;;. 'e..'::;'~..."
Fonn 3039 ..9/90
'i'~'lilli !"'~. """. . ,
, ""~"
.
.,~,
? ..
C~.~
CHRISr}AN HUTCHINSON
,.
LOAN NO
2806404
DATE LETTER VER REQ DESCRIPTION DATE 05/07/01
04/04/01 XC535 018 AXP .ACT 6 Cert Mail PA Breach
April 04, 2001
Holly L Digiovanni
1318 Pine Rd
Carlisle, PA 17013
RE: .HFS Loan No:
Property Location:
*** (ACT 6) ***
280640-4
1318 Pine Rd
Carlisle PA 17013
Dear Mortgago;::
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
PF: 1 SC F
EXHIBIT
" B"
Date: 05/07/2001 Time: 08:03:18 AM
<"'f~ ^_ ..~.-.,,_, . ~ _, ,_ "c
~--
CHRIS~IAN HUTCHINSON
LOAN NO
2806404
DATE
04/04/01
LETTER VER REQ
XC535 018 AXP
DESCRIPTION DATE 05/07/01
ACT 6 Cert.Mail PA Breach
The mortgage helQor serviced by Household'Financial Services
hereinafter we, us or ours) on your property located at:
1318 Pine Rd, Carlisle PA 17013,
IS IN SERIOUS DEFAULT because you have not made the monthly payments
since 12-01-00 through today. The total amount required to bring
your mortgage current is calculated below.
The last assessed late charge on this account was $ 35.60, at the
late charge rate of.06000 for each del~nquent payment. As of today,
late charges have accrued to the total amount of $ 355.40. Other
charges, including LIST CHARGES have accrued to the total amount of
$ 10.00. The total amount now required to cure this default and
become current as of the date of this letter, is $ 4461.61.
You may cure this default within THIRTY (30) DAYS of the date of this
letter by paying $ 4461.61, plus any additional monthly payments and
late charges which may fall due during this period. Such payment must
be made either by cash, cashier's check, certified check, or money
order, and made to:
PF: 1 SC F 2 SC B
Date: 05/07/2001 Time: 08:03:22 AM
,
r;., r', .~, _>"
, ~
~ ' .
~ -.
CHRIST TAN HUTCHINSON
LOAN NO
28~6404
DATE
04/04/01
LETTER VER
XC535 018
REQ DESCRIPTION DATE 05/07/01
AXP .ACT 6 Cert Mail PA Breach
HOUSEHOLD FINANCIAL SERVICES - CPI
Attn: Risk Management
P.O. Box 2369
Brandon, FL 33509-2369
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise the lender's right to accelerate the mortgage payments. This
means that whatever is owing on the original amount borrowed will be
considered due immediately and you may lose the chance to payoff the
original mortgage in monthly installments.
If full payment of the amount of default is not made within thirty
(30) days, the lender also intends to instruct our law firm to start
a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed, your mortgaged property will be sold by the Sheriff or
other similar official to payoff the mortgage debt. If you cure the
default before we begin legal proceedings against you, you will still
have to pay the reasonable attorney's fees actually incurred, up to
PF: 1 SC F 2 SC B
Date: 05/07/2001 Time: 08:03:24 AM
.
,
~~."-~ ..
CHRISTIAN HUTCHINSON
LOAN NO
2806404
DATE
04/04/01
LETTER
XC535
VER
018
REQ
AXP
DESCRIPTION DATE 05/07/01
ACT 6 Cert Mail PA Breach
$50.00. However~.if the legal proceedings, are started against you,
you will have to pay the reasonable attorney's fees even if they are
over $50.00, Any attorney's fee will be added to whatever you owe
the lender, which may also include our reasonable costs. If you cure
the default within the thirty day period, you will not be required to
pay attorney's fees.. The lender 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 (30) day period and
foreclosure proceedings have begun, you still have the right to cure the
default and prevent the sale at any time up to one (1) hour before the
sheriff's or other similar official's foreclosure sale. You may do so
by paying the total amount of the unpaid monthly payments, plus any late
or other charges then due, as well as the reasonable attorney's.fees
and costs connected with the foreclosure sale and perform any other
requirements under the mortgage. It is estimated that the earliest
date that such a sheriff's or other similar official's sale could be
held would be approximately seven (7) months from today. A notice of
the date of the sheriff's or similar official's sale will be sent to
PF: 1 SC F 2 SC B
Date: 05/07/2001 Time: 08:03:27 AM
'-',"'R".. ~rJIJl , , _"
,
,'=<"f-
0_."
~HRIS~IAN HUTCHINSON
LOAN NO
2806404
DATE
04/04/01
LETTER
XC535
VER
018
REQ
AXP
DESCRIPTION DATE 05/07/01
ACT 6 Cert Mail PA Breach
you before the s~le. Of course, the amount needed to cure the default
will increase the longer you wait. You may find out at any time exactly
what the required payment will be by calling us at (800) 395-3489.
This payment must be cash, cashier's check, certified check or money
order and made payable to us at the address stated above. You should
realize that a sheriff's or other similar official's sale will.end your
ownership of the mortgaged property, and your right to remain in it.
If you continue. to live in the property after the sheriff's or other
similar official's sale, a lawsuit could be started to evict you.
PF: 1 SC F 2 SC B
Date: 05/07/2001 Time: 08:03:29 AM
!li;~ - . _ ~i' "
,-,.....,~
-~
"'
~-"
.,,"
:"
"'~ .0'
CHRIqT~AN HUTCHINSON
LOAN NO
28<J6404
DATE LETTER VER REQ DESCRIPTION DATE 05/07/01
04/04/01 XC535 018 AXp. ACT 6 Cert Mail PA Breach
PF: 1 SC F 2 SC B
Date: 05/07/2001 Time: 08:03:32 AM
i!t-~",_ _
"
"'" 1"
-,-'-,
or
~~
~ r
'"",
~--,.
CHRISfIAN HUTCHINSON
LOAN~NO
2806404
DATE
04/04/01
LETTER
XC535
VER
018
REQ DESCRIPTION DATE 05/07/01
AXP .ACT 6 Cert Mail PA Breach
You shall have the. right to assert in the foreclosure proceedings the
non-existence of a default or any other defense that you may have to
acceleration of foreclosure. You have additional rights to help
protect your interest in the property. You have the right to sell the
property to obtain money to payoff the mortgage debt, or to borrow
money from another lending institution to payoff this debt. You may
have the right to sell or transfer the property subject to the mortgage
to a buyer or transferee who will assume the mortgage debt, provided
that all the outstanding payments, charges, and attorney's fees and
costs are paid prior to or at the sale, and that the other requirements
under the mortgage are satisfied. Contact us to determine under
what circumstances this right might exist. You have the right to have
this default cured by any third party acting on your behalf. If you
cure the default, the mortgage will be restored to the same position
as if no default had occurred. However, you are not entitled to this
right to cure your default more than three times in any calendar year.
Sincerely,
HOUSEHOLD FINANCIAL SERVICES
XC535/AXP/280640-4
(Certified Mail)
PF:
2 SC B
Date: 05/07<2001 Time: 08:03:36 AM
;'>'1;,
.
,_"'l .~_
"'~ '
-
d8RIS~iAN HUTCHINSON
LOANLNO
2806404
DATE
04/04/01
LETTER VER REQ DESCRIPTION DATE OS/22/01
XC534 020 AXP ACT 91 Cart Mail PA Breach
April 04, 2001
Holly L Digiovanni
1318 Pine Rd
Carlisle, PA 17013
RE: HFS Loan No:
280640-4
Property Location: 1318 Pine Rd
Carlisle PA 17013
Dear Borrower:
PF: 1 SC F
Date: OS/22/2001 Time: 08:53:43 AM
;;.{.J~~,~","
~
-J, "
~" " ,~ , ~,
-~, "
"i,
,~. ,
, ~
. ,
,=.~"
CHRIsxlAN HUTCHINSON
LOAI1 NO
2g06404
DATE
04/04/01
LETTER
XC534
VER
020
REQ
AXP
DESCRIPTION DATE OS/22/01
ACT 91 Cert Mail PA Breach
You may be eligible for financial assistance that will prevent
foreclosure on your mortgage if you comply with the provisions
of the Homeowner's Emergency 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, and
if you meet the eligibility requirements of the Act as determined
by the Pennsylvania Housing Finance Agency. Please read all of this
Notice. It contains an explanation of your rights.
Under the Act, you are entitled to a temporary stay of foreclosure on
your mortgage for thirty (30) days from the date of this Notice.
During that time, you must arrange and attend a face-to-face meeting
with a representative of this lender, or with a designated consumer
credit counseling agency. The purpose of that meeting is to attempt
to work out a repayment plan, or to otherwise settle your delinquency.
This meeting must occur in the next thirty (30) days.
If you attend a face-to-face meeting with this lender, or with a
consumer credit counseling agency identified in this notice, no
PF: 1 SC F 2 SC B
Date: OS/22/2001 Time: 08:53:45 AM
'~
..
Hot V
~-," ,
Rl!"t;
dHRIS~IAN HUTCHINSON
LOflN NO
2806404
DATE
04/04/01
LETTER VER REQ DESCRIPTION DATE OS/22/01
XC534 020 AXP ACT 91 Cert Mail PA Breach
further proceedings in mortgage foreclosure may take place for
(30) days after the date of this meeting. The name, address and
telephone number of our representative is:
Terrence McCabe
123 S. Broad St., Suite 2080
Philadelphia PA 19109
Telephone 215/790-1010
Facsimile 215/790-1274
The names and addresses of designated consumer credit counseling
agencies are shown on the attached sheet. It is only necessary to
schedule one face-to-face meeting. You should advise this lender
immediately of your intentions.
Your mortgage is in default because you have failed to pay promptly,
installments of principal and interest as required for a period of
at least sixty (60) days. The total amount of the delinquency is
$ 4461.61. That sum includes the following: 5 monthly payments
PF: 1 SC F 2 SC B
Date: OS/22/2001 Time: 08:53:47 AM
\.t]r_"-,_' ~,J
, ,,'~ -,' "C'-."' - ~,'
~, ~-
-c.
OHRIs,tAN HUTCHINSON
LOAN 'NO
2806404
DATE LETTER VER REQ DESCRIPTION DATE OS/22/01
04/04/01 XC534 020 AXP ACT 91 Cert Mail PA Breach
of $ 593.39 each, late charges of $ 355.40 and NSF of $ 10.00.
PF: 1 SC F 2 SC B
D';t-e~'~05/22/2001 Time: 08: 53: 50 AM
-B"".~, ~ [. "," r ,_ _",'
"
-
-
CHRIS,IAN HUTCHINSON
LOAN NO
2806404
DATE
04/04/01
LETTER
XC534
VER
020
REQ
AXP
DESCRIPTION DATE OS/22/01
ACT 91 Cert Mail PA Breach
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 Homeowner's Emergency Mortgage Assistance Fund.
In order to do this, you must fill out, sign and file a completed
Homeowner's Emergency Assistance Application with one of the designated
consumer credit counseling agencies listed on the attachment. An
application for assistance may only be obtained from a consumer credit
counseling agency. The consumer credit counseling agency will assist
you in filling out your application and will submit your completed
application to the Pennsylvania Housing Finance Agency. Your
application must be filed or postmarked, within thirty (30) days of
your face-to-face meeting.
It is extremely important that you file your application promptly.
If you do not do so, or if you do not follow the other time periods
set forth in this letter, foreclosure may proceed against your home
immediately.
Available funds for emergency mortgage assistance are very limited.
PF: 1 SC F 2 SC B
Date: OS/22/2001 Time: 08:53:52 AM------.----..--"---"--"
'L.<" _~
~,____ ,-, ~, _~" ~ '. co'
~-, " ,."..
.'-"
'1-
,
,--
CHRIsrIAN HUTCHINSON
LOl\}l 'NO
2806404
DATE
04/04/01
LETTER
XC534
VER
020
REQ
AXP
DESCRIPTION DATE OS/22/01
ACT 91 Cert Mail PA Breach
They will be disbursed by the Agency under the eligibility criteria
established by the Act.
It's extremely important that your application is accurate and complete
in every respect. The Pennsylvania Housing Agency has sixty (60) days
to make a decision after it receives your application. During that
additional time, no foreclosure proceedings will be pursured against
you if you have met the time requirements set forth above. You will be
notified directly by the Agency of its decision on your application.
The Pennsylvania Housing Agency is located at 2101 North Front Street,
P.O. Box 8029, Harrisburg, PA 17105, Telephone number: (717) 780-3800
or (800) 342-2397 (toll free number), Persons with impaired hearing
can call 1-800-342-2397.
In addition you may receive another notice from this lender under Act 6
of 1974. That notice is called a "Notice of Intention to Foreclose",
You must read both notices, since they both explain rights that you
now have under Pennsylvania law. However, if you choose to exercise
PF: 1 SC F 2 SC B
Date: OS/22/2001 Time: 08:53:53 AM
:-A'lP." ~ _^", ~_,'~"' _ ,_'.-Co ~,~, ",0 ~ ~ ~
':1 ~ p
,;-"
..,. '~""""'""".,-
CHRIs~tAN HUTCHINSON
,
LOAN NO
2806404
DATE
04/04/01
LETTER VER REQ DESCRIPTION DATE 05/22/01
XC534 020 AXP ACT 91 Cert Mail PA Breach
your rights described in this notice, you cannot be foreclosed upon
while you are receiving that assistance.
Sincerely,
HOUSEHOLD FINANCIAL SERVICES
XC534/AXP/280640-4 (Certified Mail)
PF:
2 SC B
Date: 05/22/2001 Time: 08:53:55 AM
-:;; ,.'
- ,~,- _ " ~ _ r~_~_'_""Io'" -
~--
,.
'''-' ,
_.~ ~
. "
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNERS' EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERLAND COUNTY
Consumer Credit Counseling Service of Western
Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, Pa 17102
(717) 541-1757
Financial Services Unlimited
117 West 3rd Street
sboro, Pa 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
25 N. Front Street
Harrisburg, Pa 17101
(717) 234-5925
FAX # (717) 232-4985
YWCA of Carlisle
301 G Street
Carlisle, Pa 17013
(717) 243-3818
FAX # (717) 243-3948
!'1rr;'.!:";'_ - ~_; ,~, '_:~-:: ',Y-~-'''1--:'';_:~3r~~'~r~-,n~_'','-y- -'--'-~";W'7<-~',</_-..<r"'ro,_,"_?_~ :_'-",'--"-/+,^C:_'"-'-~-'1'__-;I"-:- ~':;';,*--'-". --,~~_ ;-~"-!- -' - -
.,,. -"'. v no,_'"",,, <--,,_-~_-,-,- .~~ .__,_ ~ _""M' N' . ",
VERIFICATION
The undersigned, John Sweeney, hereby certifies that he is the
Foreclosure Specialist of the Plaintiff in the within action,
mol2:T<:::.1\<;.E. tL.E'.C.-rru>NIC- e...E.u\STI2.t\"'.\ON 'S~e.~s.II'l<:.., and that he
is authorized to make this verification and that the foregoing
facts are true and correct to the best of his knowledge,
information and belief and further states that false statements
herein are made subject to the penalties of 18 PA.C.S. !!i4904
relating to unsworn falsification to authorities.
qt};};~N~
. ',;: ~, "', ,J _
. = _.-~ '
, ~
'"'-1[ ~
r
~ - r
~ -~- - ~-;!!!-'
.
IT( (J (5q
~ ...( '6g.
.J::: (} 0 O{(;)
~ r:< 0 c: 'Tj
~'" C3 ~f.~ c_ ......
""- --.::J ,.- ;';j.~ V)
0- 6 z
~o iJ t () -"'r"u. , 7B8
f tn)~ ~'"
"
!:1 \ -<..2: ~3(:?
r ~c.) v
0' t? ):"".(- :.J;;: ('):TI
z ...1 -':-"7(J
)>:0 \.:? C5fTi
~ C
~ -..-{
r r..:> <'
(;:) :0
-<
< ~._~,~..
. . ~:W:~~~~"'_""'!'" ,_J~~!liI~~Mi1Iii~I~Hli!ifllll'$."'IIN!lm\~_~~'f'"W""'M-"'T",*!-'-'''
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-03456 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRATI
VS
DIGIOVANNI HOLLY L
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
DIGIOVANNI HOLLY L
the
DEFENDANT
, at 1953:00 HOURS, on the 8th day of June
, 2001
at 1318 PINE ROAD
CARLISLE, PA 17013
by handing to
HOLLY DIGIOVANNI
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Mileage
Affidavit
Surcharge
18.00
4.96
.00
10.00
.00
32.96
So Answers: 1~
r:<lv-...-e:~~
R. Thomas Kline
06/12/2001
MCCABE WEISBERG
Sworn and Subscribed to before By:
me this .t~te. day of
Cf,,-<.- ;;Luo ( A. D.
~I'Q.~)~
P othonotary
'1
"!
~!" ~...",
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
Curtis lL Long
Prothonotary
To: Holly L. Digiovanni
13:18 Pine Road
Carlisle, PA 17013
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly 1. Digiovanni
Cumberland County
Court of Common Pleas
Number 01-3456 Civil Term
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT
has been entered in the above proceeding as indicated below.
Curtis R. Long
Prothonotary
Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
If you have any questions concerning this Judgment, please call
Terrence J. McCabe, Esauire at (215) 790-1010.
-H,,~_,,--. ,. ---'_~f"~_cJ/'1;!""_':"''''''::>1 --.,;;,:;<, ;~,~""'-'~'----~ ,", .-"-",' .-0 ,. "1:-' -~', "" ,-, --'''--''\:, -'J .>= '~-'-~-' ~,L.' , - , , ," . .
--
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly 1. Digiovanni
Cumberland County
Court of Common Pleas
Number 01-3456 Civil Term
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of Plaintiff and
against Defendant in the above-captioned matter for failure to
answer Complaint as required by Pennsylvania Rules of Civil
Procedure and assess damages as follows:
Principal
Interest from 5/04/01-8/31/01
TOTAL
$73,563.81
S 2.224.80
$75,908.61
~ A ~t::
TERRENCE J. McCABE, ESQUIRE
~ day of SJ~~ ,2001,
Judgment is entered in favor of Plaintiff, Mortgage Electronic
AND NOW, this
Registration Systems, Inc., its successors and assigns, as nominee
for Household Finance Corp. and against Defendant (s) Holly L.
Digiovanni and damages are assessed in the amount of $75,908.61,
plus interest and costs.
BY THE PROTHONOTARY:
(1,:7..;) 'i2 ~
:,"-' '~~\;-~"",,",.' -'.: ::f\T,.,." _"'0 "'"<;. "'--'_~_"',''''-'-:-U<~_~~'''f'~. ~', 7""'-' - - 1-, r,
-', " L}_',_,,_,,___ ,0,,", _'_,_~___ '_~"_ ,_~_ _' _ ,_~__ _~
r..'.-,..
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly 1. Digiovanni
Number 01-3456 Civil Term
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND:
The undersigned, being duly sworn according to law, deposes
and says that the Defendant is not in the Military or Naval Service
of the United States or its Allies, or otherwise within the
provisions of the Soldiers I and Sailors I Civil Relief Act of
Congress of 1940 as amended; and that the Defendant(s), Holly L.
Digiovanni, is over eighteen (18) years of age, and resides at 1318
pine Road, Carlisle, PA 17013.
SWORN TO AND SUBSCRIBED
// /:
~/~~ ,~/~
BEFORE ME THIS 31st DAY
OF AUGUST, 2001.
TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
~k
NOTARY PUBLIC
~L ,',"
~<,- ':"'~~\"''''''' . ,"" ""-,""""-,,,,~?"--,, 'it ' . ,_~_ ,,,', ,/ i_'_' .
. - - I-~- - .
. c.,
.,;'-'
- . ~
".
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly 1. Digiovanni
Number 01-3456 Civil Term
CERTIFICATION
I certify that the foregoing assessment of damages is for
specified amounts alleged to be due in the Complaint and is
calculable as a sum certain from the Complaint.
I certify that written notice of the intention to file this
Praecipe was mailed or delivered to the party against whom judgment
is to be entered and to the attorney of record, if any, after the
default occurred and at least ten (10) days prior to the date of
the filing of the Praecipe. A true and correct copy of the notice
pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is
attached hereto and marked Exhibit nAn.
SWORN TO AND SUBSCRIBED
/~~/t ~
--
BEFORE ME THIS 31st DAY
OF AUGUST, 2001.
TERRENCE J. MCCABE, ESQUIRE
Attorney for Plaintiff
~JIic~jt;
NOT~8fAL .
dn T. \QlTS, ~1'tM:
Cill/ll' U.... . ~~
'~'''[~'~'';'> -'->". co,,,, . '-,":"~'_"__,, '~-,~" ,,- ~.,~i_,I'",\:"~'r~A;"'_'''_cY, ~"~'-'-" ,-~" ","-_' :r
, ,- .'1' ,. ,__~~ /,' _ , ;'.'_ -
,. -,."
""
~, ~. =.
VERIFICATION
The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies
that he is the attorney for the Plaintiff in the within action and
that he is authorized to make this verification and that the
foregoing facts are true and correct to the best of his knowledge,
information and belief and further states that false statements
herein are made subject to the penalties of 18 PA.C.S. Section 4909
relating to unsworn falsification to authorities.
/'~/ir;/~
TERRENCE J. McCABE, ESQUIRE
:.J.,." -, -" -? ,'. ,t c ,-t,"-' -""-'<>"F~"'- ,_H,_,', '--_",_"','~"-_ _ ;.",(1._0< >" . ~,_>,~,~ ,'. ,,-., o-er::,,_.'_,_ _,'n _ .,
, <~~',
--.",-.
-~,,- -. .,;.< -,"' ,
. "~ .,. '" ,,.., - -'.', ,. , , ,<-
~
fr". './~ 11181T "AII
iI \(1 "
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
LAWRENCE E. WELKER
Prothonotary
To: Holly L. Digiovanni
1318 Pine Road
Carlisle, PA 17013
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly L. Digiovanni
July 9, 2001
Cumberland County
Court of Common Pleas
Number 01-3456 Civil Term
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
You are in default because you have failed to
enter a written appearance personally or by
attorney and file in writing with the Court
your defenses or objections to the claims set
forth against you. Unless you act within ten
(10) days from the date of this notice, a
jUdgment may be entered against you without
a hearing and you may Lose your property or
other important rights. You should take this
notice to a lawyer at once. If you do not
have a lawyer or cannot afford one, go to or
teLephone the following office to find out
where you can get legal help:
Court Administrator
Cumberland County Courthouse
CarlisLe, PA 17013
(717) 240-6200
If you have
NOTIFICACION IMPORTANTE
Usted se encuentra en estado de rebeLdia par
no haber presentado una camparecencia escrita,
ya sea personaLmente 0 par abogado y par no
haber radicado par escrito con este TribunaL
sus defensas U objeciones a Los reclamos
formuLados en contra suyo. AL no tomar La
accion debida dentro de diez (10) dias de La
fecha de esta notificacion, eL TribunaL podra,
sin necesidad de comparecer usted en corte u
oir preuba aLguna, dictar sentencia en su
contra y usted podria perder bienes U otros
derechos importantes. Debe llevar est a
notificacion a un abogado inmediatamente. Si
usted no tiene abogado, 0 s; no tiene dinero
suficiente para taL servicio, vaya en persona
o lLame par teLefono a La oficina, nombrada
para averiguar si puede conseguir asistencia
LegaL.
Court Administrator
CumberLand County Courthouse
Carlisle, PA 17013
(717) 240-6200
any questions concerning this notice, please call:
Terrence J. McCabe, Esquire
McCABE, WEISBERG AND CONWAY, P.C.
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
at this telephone number: (215) 790-1010
TJM/cf
i\;I':"'~",_"" T'.. ,"1.0-1"''-: 0' ~"c-, ::!.;,;w:",- "~, ' .~/ ",'V'.f',,, ,'~:7' /r"'''':~-GI' '~c'? -'..'. ,"p'" -""'.." '~"'-~"'"- ., , 'c_""""." ',~
:A"
I
I
I
~
I:
Ii
II
II
~:,.
r.S
to
" ~
,1
...-...~
~~
r
~
flI'
... \
R
,.--...,
~
\;
~
~
\
~ ".,
T
- ,~~,~~.
~ ~
It. ()
o
~U
---..:]pl:
~
0 C) 0
~ ~'n
rR t1; .U) '~-'.j
f'1"}
~91 " \, ,:n
~ , t'-"
(/) -' -.J ,JJt:'1
~;c
;.::::0 ""1:> ~~i
~() :3::
:;;0 ~ ':>()
~ ,3[T1
:;;::t
(..) ~
,_ _",__~'~..Jj, "".", , ,,:,"~IJI~ilL_,_ --1",_ ~~~,
~-,-""""''''-'-'>-:'',,,,,!!~
- " ',' ,'-' --
t
\.
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA
CIVIL DIVISION
Mortgage Electronic Registration
systems, Inc., its successors
and assigns, as nominee for
Household Finance Corp.
636 Grand Regency Boulevard
Brandon, FL 33510
V.
Holly L. Digiovanni
1318 Pine Road,
Carlisle, PA 17013.
TO THE PROTHONOTARY OF SAID COURT:
FILE NO.: 01-3456 Civil Term
AMOUNT DUE:
$75,908.61
INTEREST: from 9/01/01
ATTY'S COMM.:
COSTS:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it
does, it is based on the appropriate original proceeding filed pursuant to Act 7 of
1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue writ or execution in the above matter to the Sheriff of Cumberland County, for
debt, interest and costs upon the following described property of the defendant(s)
1318 Pine Road, Carlisle, PA 17013.
(More fully described as attached)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of N/A County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the
following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of
the said garnishee(s).
(Indicate) Index this writ against the garnishee (s) as a lis pendens
against real estate of the defendant(s) described in the attached exhibit.
August 31, 2001
DATE:
~Itc ~(
Signature:
Print Name: TERRENCE J. McCABE, ESQUIRE
Address: 123 S. Broad Street. Suite 2080
Philadelphia, PA 19109
Attorney for: Plaintiff
Telephone: (215) 790 1010
Supreme Court ID No. 16496
'-'__'~-"__;" ..
J' t
.
'"
...... -o~ ~...
0 ,~
0 ;lQ. ~ ~ .t.l ~v 8 0 t:::)
. . \, ~-(l
7J ~ C') ~ ~ & ~ .0 8 g\ s: V> :~
ft. 6' "UUJ rr1
l,) r--. ~fT! '"
I'~ ::c . ~-~'"')
, ii5s.:: .
~ , I ..... \:,)(::,
r~ (0f ~6 ..." ;~~ :B
:x :,;ti:(')
~~~ ~8 -":::"f'''''
, ~ ~"
,
~ ~
'~i-- w
, ~ '~
I
I
!
r
1\
I
K
~.__".__,,_o,_
_ ',.f
..J.,
~';":~~~:~<--'~;'';'~-
T~-_
~_~f{_llJl_q;~
,
,
.
;-~L_~.
\
.
LEGAL DESCR!PTION
ALL THAT CERTAIN TRACT OF LAND SITUATE IN. DICKINSON TOWNSHIP, CUMBERLAND COU,NTY, PENNSYLVANIA,
MORE P1\RTICULARLY BOUNDED J\ND DESCRIBED AS FOLLOWS:
BEGlmfING AT A POINT IN THE CENTER OF THE PINE ROAD WHICH POINT WAS FORMER1..Y TH&: NORTHWEST COIDlIER.
OF LANDS OF l4l1lLVIN H. MILLER WHICH WAS CON"VEnID TO WILL:t1IM W. PREISBACH IN ClJMBERLAND COUN'l'Y DEED
BOOK X, VOLl1.fl.fE 1.9 I PAGE 111; THilNCE BY THE CBlNTER OF !l'HE SAID PINE ROAD NORTH 67.5 DEGREES 00
MINUTES 00 SECONDS EAST 100 FEET TO A POINT IN THE CENTER OF THE SAID PINE ROAD: THENCE BY OTHER
LANDS NOW OR FORMERLY OF WILLIAM W. DREISBACH, ET AL, SOUTH 22.5 DEGREES 00 MINUTES 00 SECONDS
EAST 200 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR li'ORMl!lRLY OJ? WILLIAM W. DREISBACH, E'1' AL I
SOUTH 67.S DEGREIilS 00 MINUTES 00 SJCCONDS WEST 100 FEET TO A POINT; THENCB: BY OTHER LANDS NOW OR
FORMERLY OF WILLIAM W. DREISBACH, E'l' AL, NORTH 22.5 DEGREES 00 :MINUTES 00 SE.CONDS WEST 1.00 li'EET
TO A POINT IN THIll CHlNTER OF THE PDIE ROAD I THE PLA.CII: OF BEGINNING.
Parcel ID * 08-12-0334-037
Being Known As: 1318 Pine Road, Carlisle, PA 17013.
" .
-
. ,
-
"
^'H
- "=
t ,
. .
g 0 C.l
:;;:: '>:q
l',/) _;:J
g:JG] r'1
fn -" "",',i;Ji
__ :0
ZS;: I ::db
cqz .......
~ ~".. "~'~k)
;<v -"
t~ ~g ::~.; ~i~
S"?
\.0 z 2:::'1
=<! ~,
5:::
(,.) -<
i'K.~_
.t.l,,_=J?:W~~lU,,~_ !
,~ ,_' 1Il~~~)\",- ,."".Il:";",~"",,,,"_<]rJ[~~~iilb'~~~-+""N;~"i/i",,"!:1i#~,~,,""jY" "\,~,'>"'1);""f;;,'~D'li-N.,,l'J;jJ:T~li~":~-!~,~!;001ft'f'\"~";~1!lf<}\>T~",,*,-WW
..
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly L. Digiovanni
Cumberland County
Court of Common Pleas
Number 01-3456 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the
above action, set forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the
real property located at 1318 pine Road, Carlisle, PA 17013, a
copy of the description of said property is attached hereto and
marked Exhibi t "A."
1. Name and address of Owner(s) or Reputed Owner(s)
Name
Address
Holly L. Digiovanni
1318 Pine Road,
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
Name
Address
Holly L. Digiovanni
1318 Pine Road,
Carlisle, PA 17013
:"""'-, - . -;. ."," . . . , /-,> "^"'''i_"..,,,. '-~-';- --f-.>i"_'., . . . , .",
, ..
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Name
Address
Plaintiff herein.
Avco Financial Services,
3401 Hartzdale Drive,
Suite 130,
Camp Hill, PA 17011
Sandy Digiovanni, Jr.
P.O. Box 33
Walnut Bottom, PA 17266
4. Name and address of the last recorded holder of every
mortgage of record:
Name
Address
Plaintiff herein.
Pennsylvania Housing
Finance Agency
2101 North Front Street,
Harrisburg, PA 17110
5. Name and address of every other person who has any
record interest in or record lien on the property and whose
interest may be affected by the sale:
Name
Address
None.
6. Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
Name
Address
Tenant(slfOccupant(s)
1318 Pine Road,
Carlisle, PA 17013
Domestic Relations
Cumberland County
P.O. Box 320
Carlisle, PA 17015
I"~~ W?
.,
i'.Y~'1'~:,'"~"", -' ]' .~ ,,,!,,,,,_ _';_'~"""_"'"_"'~_,','_,_,__,
0'""__,',,,__
,
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
August 31, 2001
A:~ (;~
DATE
TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
1;,",-: _~,
t___,
"->'O"'<_~T;-;'.'_i ,-"
- .,', ~
,-;-",,"F,,"'- "cc','S'-'( ',^,', -- _ ?- -, ,h.. ,__,'>e;-_,;_, _ _~,,___, _ _ " ""_','
-','-
, .
LEGAL DESCRIPTION
EXHIBIT flAil
ALL THAT CERTAIN Tro\CT OF LAND SITUATE IN DICKINSON TOWNSHIP, Cl1MBERLAND COUNTY r PENNSYLVANIA,
MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN '1'HE CENTER OF THE PmE ROAD WHICH POINT WAS FORMERLY THE NORTHWEST COEWER
OF LANDS OF Ml!:LVIN H. MILLER WHICH WAS CONVE'i"ED TO WILLIAM W. DRlCISBACH IN CUMBERLAND COUNTY DICED
BOOK XI VOLtJMIll 19, PAGE 111; THmNCIil BY T~ CENTER OF THE SAID PINE ROAD NORTH 67.5 DEGREES 00
MINUTES 00 SECONDS EAST 100 FEET 'l'O A POINT IN THE CENTER OF THE SAID PINE ROAD; '1'Ii1!lNCm BY OTHER
LANDS NOW OR li'ORMHlRLY OJ' WILLIAM W. DREISBACH, ET]J.;L, SOUTH 22.5 DEGREES 00 'MINUTES 00 SECONDS
EAST 200 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLIAM W. DREISBACH, E'I' AL,
SOUTH 67.5 DEGREES 00 MINU'l'ES 00 smCONDS WEST 100 FEET TO A POIN'l'; THENCE BY OTHER lANDS NOW OR
FORMERLY OF WILLIAM W. DBEISBACH, ET AL, NORTH 22.5 DEGREES 00 MINUTES 00 SECONDS WEST 100 FEET
TO A POINT IN THE CENTER OF THE PINE ROAD, THE PLACIC OF BEGINNING.
Parcel ID # 08-12-0334-037
Being Known As: 1318 Pine Road, Carlisle, PA 17013.
":ji;,~~""''''~-- ~
.,
-'1'
, ~
"
..
., T? .~ ~- -< > >-
, ~
.
HAft TI81HX3
0 0 0
C .-n
'C" en
"TJm ".'-'
fT!
mtr "0 ".on
[S ;,II> "' . t--;::;:
'l4'-.." -,~jS
t;t;~ I
. ,'to- ,_J ffr
[b ~ "'-",-
-- "
c:;;C~' ",..1(,-'
~C' " ~~~~
3:
~c5 :;:
;Pc u
Z -,
-l 55
-< CN .<
'"",
~
~!!.!L~,r,~_ I~Wik~ilW'~"'l,'1'~'WJ--"'~n"""i'-s",\;:,.,j\i-f-ii''1":'''~'~'''i'';''''j"i'!*~!f"~..~_,'L~~
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union ~ui1ding
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(21S) 790-1010
Attorney for Plaintiff
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly L. Digiovanni
Cumberland County
Court of Common Pleas
Number 01-3456 Civil Term
AFFIDAVIT OF SERVICE
I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in
the within matter, hereby certify that on the 11th day of Octber,
2001, a true and correct copy of the Notice of Sheriff's Sale of
Real Property was served on all pertinent lienholder (s) as set
forth in the Affidavit Pursuant to 3129 which is attached hereto as
Exhibit "AU.
Copies of the letter and certificate of mailing are also
attached hereto, made a part hereof and marked as Exhibit "B."
1;/1/1 n/VtP 4 IIIWbP
TERRENCE J. cCABE, ESQUIRE
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 11th DAY
OF OCTOBER, 2001.
rJ1Adut'-f. t?. ~
NOTARY PUBLIC
NOTARIAl. SEAl. I
MIqIlEUEA. HOLAClK, ~ Publk
Ci\yof~ PhiIa. COunty
.ML.. CoinmisSiOii,~!.~~~ 28, ~OO~i
f,,^
.~ . '. ''': ,i;,~::'~'~<"!i):""-',--:;;,?", _'1'.~=.,--
'-'-~ ~1!' i","?",J; , ~-"~ -- '"
. - '-~-I"--'''-'
.;
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly 1. Digiovanni
Cumberland County
Court of Common Pleas
Number 01-3456 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the
above action, set forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the
real property located at 1318 Pine Road, Carlisle, PA 17013, a
copy of the description of said property is attached hereto and
marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s) :
Name
Address
Holly L. Digiovanni
1318 pine Road,
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
Name
Address
Holly L. Digiovanni
1318 Pine Road,
Carlisle, PA 17013
~XHIBIT "P\'
'.W
-' "' '';',,-;,,- ':"'_-.""'"'__0.' ,,' '.-- __,,'^"'" -_""'? ,"'0- .,- ':i~,_n. ' , - ",__:,-'C~'~"'I-''', ,Cf"':~~':"'c____-___'_ .,_< "~_'___';' ~_
-, i_,,_,~,l, ;~, -0
r
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Name
Address
plaintiff herein.
AVCO Financial Services,
3401 Hartzdale Drive,
Suite 130,
Camp Hill, PA 17011
sandy Digiovanni, Jr.
P.O. Box 33
Walnut Bottom, PA 17266
4. Name and address of the last recorded holder of every
mortgage of record:
Name
Address
plaintiff herein.
pennsylvania Housing
Finance Agency
2101 North Front Street,
Harrisburg, PA 17110
5 . Name and address of every other person who has any
record interest in or record lien on the property and whose
interest may be affected by the sale:
Name
Address
None.
6. Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
Name
Address
Tenant (s)/Occupant (s)
1318 Pine Road,
Carlisle, PA 17013
Domestic Relations
Cumberland County
P.O. Box 320
Carlisle, PA 17015
EXHIBIT u~'
,~': ,
-,-.'. ,., ,-,--
. - .' ,,--~\. - ""'f___;;"'_":':'_._ ___,,~C; ,- r: -~". - ,
__ ""~ _ __ _ __ _,__" _w __ ~ ._ '.
"
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
DATE
fp/1/l~1 ~. IIIWz
TERRENCE J. cCABE, ESQUIRE
Attorney for Plaintiff
October 11, 2001
EXHIBIT "1\'
or ,,'
- <",:',.-.'-,'<, .,_.
""0".,:,,__'
W'~ 'i"_' ",",_,
T '-'-~". ?",
,_"---, ^'
- t--
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorney for Plaintiff
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly 1. Digiovanni
Cumberland County
Court of Common Pleas
Number 01-3456 Civil Term
DATE: October 11, 2001
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S) : Holly L. Digiovanni
PROPERTY: 1318 Pine Road, Carlisle, PA 17013
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the
Sheriff's Sale on December 5, 2001 at 10:00 a.m. in the
Commissioner I s Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
pennsyl vania 17013. Our records indicate that you may hold an
interest in the property which will 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 filed thereto within 10 days after the filing of the
schedule.
EXHIBIT "B"
~~':'1, . ,~" .' ," t~~"-'"',,''\ C"" ,pA.'j'1j -',=- <""'.,_<0",_ -~'":'--'~~', ~, ,0_ '" "-"i'f . ,'''_'J ->~ -_0'_'"' ~~ -~ '.r_ 0 , " . .. . . ~~
/9td2;J)f?J4~
n
o
3
'"
~
~
~
'"
~
if
:"
S'
F
o
; -,~-_."--".,._._..,-"...,,"!
~a::~g~g;!:
"tJ~Eg~~g~:
o Gllll O't:l g!!l=
aiil~S'~~gfi"t
-: ~g:S~3g~-:
:::I =.Cn~ ~ga~-
~~~3~r:Jg!
~~:ia:,g2.;
sas ;~g e:
:J _:J 3 0 C I
~~~ra~~'!
! ~ I ~.~ i~.r-----' -,.~~
~~~gg~~i
-'11>' <II II> dl 0
e!.g.-l_.~::I ::I:
gii: ffi:'_~~:
S,2.3 g; Q So lrl
=rg~~g.~~i
g.i~!a;~~1
e~3.gcg;~1
~~g:g~.:~11
lI>:JllllI> !:'" __~_______
-~'~ j;;~~~;
o!:;~~c2:g.~~
:!.~'C:: iDg cr'
_1l>~"'03;1
oa~;s:;;.~~
!aOiD~!!l.""~1
~g;;; if.g ~ *1
II> 3 foOJ:<! :rg a:
alll~5n!!lc.
s:F-b lD g 2 3!
~~gigg:~j
:t>;g~~ ~.;!',
ll:Iiir...::.o",lII
a~~.~:~ ~
C/l_!elll:r::!><
gg'@ ~'lll g ~'i----
g.!!:.c.!:; ; iii" 3]
a~3 ~ !:!.~5'!
~",,~g ~ gfi-:----
=~(Jl0::.'C 5:
~Eg!::1a~~1
III :::o~~ in: ;.--
ag~!:!=.g~'
~i~~ii~:-
g'~~~=5:
",:::,O<l>OlD
-0
rn
6'
'3
'"
0:>
....
.....
)>
C
<0
C
ill
'"
o
o
o
en!
g [.
<'z
Oc
~3
iIl~
"O~
~s.'
~ay.i
_.0
00
..
;:,"SiI~?i!l!illll\l!~\",....".
'~'"
1-I~i!~R~"
"T--- f',oe'i': vi
gi i'1 bb ~l
31 ;.-,':'-' f,1
!!l' ~ (]J. :'if )>-1'
~i 'r" ~ -.. ""
.j ).'~ ~
fDv.l:-- ;':'1
F 9-Yj" ~
~ c:~ ~I
tf, iT
'-is
,
i
,
, I
f'\=-'~1
1 ;vJ :S':
b{~ ~'I
(t.-" ;""1
I ~,
- ,""O~
~~':J
, S::.,
;:Y~}-~I
<;:::.\c -{; \
--'i~ Sil
W,"'- ""
, ,.
I
j
I
i
I
I.
i
;
I
!
-,"- i
,
I
1
,.
,
i
~.
'"
.....:.;
I
I
I
I
I
. I
I.nm__ l_
-I -J
~'jL>g:
""'jC/
'7 ,_. v:
(/'I~:
,S:::>-':.;
<: ,:;- s'
eft !+ -, !
:S;;"i
-vI 'I.
." t\ it
,; c..1
-::5 ..-;,
.-J !-\-. ;:'1
. '-" I
'" I:;'^:n,
~ ~.:
,5 ;
j ~
I ::t,
~
q:
r.
~:
... '"
11
<:
, 1/'.
IS;
<---.LC
I
:r--.
j'
-~'.IIAO-S'j.
I' '?~:
:r, ,I
c. i<.J: t
~~J i
100>
oJ!?- .-, ~
~ !^C9 !
1: i-c'. i
cl'W <-
;; yJ S
---' i :i
1J!
::Pi
,
I
::::J.I.
v
~' 1
G"I
,
1
.1-
I
I
Vi
...,
'"
~
I
---I~--
i
,
j
~
~
~
.s::>-
. ,
,
In.__ .J
oj. :?'
s:: Eir i
:5 ID c:
~!- J ~
;__ ~, c-
d' ~,- ~. ~
--.. 5,:g
---~\> ~
~. C;" 3
~ -, t...;.!ll
~~ .!!I
. "
_ f'jI? ;
-0b:: ' a
\'."'" - I -c
";;~,~r'O
i~ (;-. ~
i1i
.
,
'^
"
~
I;::}
o
c
o
_m_
z
.
3
.
~
~ ,
.J? '"
"Q ~"',..~
JS b~~~~ :"
:; (,~(/ ,:
,.
;1
o.
.-
z
c
3
~
~
.,;.~
.-,.J.
.'!;.::;)
'.J.'
I
()
Ie: [i ,~J I'~: [1 ~
I~ ~ ~ 8 i '"
'e"O = 0 .:c
let: iD\ii . "0
Ic.f:lo<! a. (tI
i:5:() 9..
.0
=3-
~.
!'.
o.
;1
3
~
i1
"
.1l
.
.Ji."::. .J
(I):II:IlJJ
lC'm.~ !!:
;;l e _' ~
!'.3"rl-
~:II~a
ol.llo.o
g~. ~
~s: ~
. "
g:~
;1 a
~
~
~
..
.
g
~
<
~.
I
o.
~
--'-'16'::0 "g--g"g i'j..-
, Ii:!) 0 \:j_::+Ui':;F.
: d;' ICD~ ~~~~~
(I) ISl.DJ Q.&(6'Q.g)
'::O~ s;':o el3
, (I) III (;j.(i'- "0
'1--'-'--2:) 0- ~ :3 0. J:
I ;e'Q. ::;;;-~. (tI
'O:Ci_ "" 5' Cil
i~[1 ~
:cg~i
I
::;;)>1
,itjlE:
!COlll
;![<
i~ ~i
'1:1.(1)1
..----i-.,.--j
:<5"1
!~~ I
: 0.:
I. .,
EXHIB IT ," Bn
~ ~ -IF 'h"
,
"
o
:::;;ffi:
IOrnl
'..O~I
10~
: ~ :
,-no
reo
-nrn
.m o!
:;rCll:
. :1:,
-n",
reo
-n",
:m JJ
~
-
~
~,'.~ 1
, ~~ -~ ,~"^
""h .'
0 0 ~'-~.""'-
C
s:: 0 :-:1
(' -om n ::~i ;::Q
!:pm .....
('0 \f" .L- :1:: -0-i'T\
~~: U1 :;'jQ
~z S2:)
kG -u -r~ -r;
~o -. ~:~.B
.-!,..
-0 r:- oPl
)>c: i;!
~ (X> ~
~!ll:~",,,,,m'li;'~~~~~'IWl!_liNllif,,~~J",'qj~1;;m'.,,~=,,,,-'i_i''''u''~ ,-,,_.,""-'t-,,'i"'~'j<;:,;>,;r(;,s{')>r;'\\",-"'-f'_'i!''i'?_,',-c,.-,-;.' "--r-T"'<-'~"'-" ;-";,i";""~"Y"',"<ltll*",,"~~m>lH~:
,
.
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly L. Digiovanni
Number 01-3456 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Holly L. Digiovanni
1318 Pine Road,
Carlisle, PA 17013
Your house (real estate) at 1318 Pine Road, Carlisle, PA
17013, (more fully described as attached) is scheduled to be sold
at Sheriff's Sale on December, 05, 2001, at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013, to enforce the court judgment of $75,908.61
obtained by Mortgage Electronic Registration Systems, Inc., its
successors and assigns, as nominee for Household Finance
Corp.
against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to Mortgage
Electronic Registration Systems, Inc., its successors and
assigns, as nominee for Household Finance Corp. the back
payments, late charges, costs, and reasonable attorney's
fees due. To find out how much you must pay, you may
call Terrence J. McCabe, Esquire at (215) 790-1010.
(Jl;
',,"'.'P.""_ ,_"_
,-, '"
::" -:~".1 - .""-;'_"'___ "';"''"'1'--'-''''''- ","'-'.'c.""-"',-,- - ,- ,-_~r_, ~__'" >~--'" 'F'
~ " - c,
,
"Ylj:"''il_~
,
2. You may be able to stop the sale by filing a petition
asking the Court to strike or open the judgment, if the
judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See the following notice 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 Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling Terrence J. McCabe, Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of
your property.
3. The sale will go through only if the buyer pays the Sheriff
the full amount due on the sale. To find out if this has
happened, you may call Terrence J. McCabe, Esquire at (215)
790-1010.
4. If the amount due from the buyer is not paid to the Sheriff,
you will remain the owner of the property as if the sale never
happened.
5 .
You have a right to remain in
amount due is paid to the Sheriff
to the buyer. At that time,
proceedings to evict you.
the property until the full
and the Sheriff gives a deed
the buyer may bring legal
6. You may be entitled to a share of the money which was paid for
your real estate. A schedule of distribution of the money bid
for your real estate will be filed by the Sheriff on Januarv
04. 2002. 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 schedule
of distribution is wrong) are filed with the Sheriff within
ten (10) days after Januarv 04. 2001.
,__,'C,'_
-;-,. --;- -)'- -' ?'~~>'.- ." J< ~"'~'-, "- ~~~- ~-<"" "'i"-"~'
,., F~, ," '_~_""", ' "
""_", -,'w-P,hl ,,_,!,_~,~_..
<'-".,_0.<_,>';',__
-~~ "
.
7. You may also have other rights and defenses, or ways of
getting your real estate 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.
LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
OR
CUMBERLAND COUNTY
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
:"1:>:.):'"
r:>r
,~/c'" .
~--. ~,
.,<' -"., --,'f','_,-,,,- "-- ,- -":..f""~, c~""" ""-"'-,, "~_ __ __
".",-",..,""-,,,_.,-, ~._----.- -~<-
, "., n ' ~k __ __,
.. ",'q""
~
I
I
I
I
I
I
I
,
i
I:'
" ~,.,
,.. ,',:",^-"-
" ~.
, ~" ~, ,~-"~-
'fu ,~,
,
8 c' 0
"1- "-r':
?i: en ::J
~ '"tl(l:) ;" ;;" ?.;j
I~j "
1 -:;-c.D.
r- ,J,,: ....,..'
~ -.J i~~r}
;e::C' -u
i~ ::l: .:;-.;'C)
.-Cr(t
~ 0
~
(,,)
,-r'- ~..' ,,~-~~ -.,'
"_'J "~"
- "" -. =,_.,"-W'~T" ....~,<,p~, ':"'.':'_'",",$W~!~~~_''''~->::--1:'' "~' ".~'
',- ~--"
" - _. "'E?~'
.-,~.-_..-~.,.. .
},,\'7" ~- ',. ,"
.
Mortgage Electronic Registration Systems,
Inc., its successors and assigns, as nominee
For Household Finance Corp.
VS
Holly 1. Digiovanni
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-3456 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Terrence McCabe.
Sheriff s Costs:
Docketing
Surcharge
Posting Handbills
Law Library
Prothonotary
Share of Bills
Mileage
Levy
Advertising
Certified Mail
Poundage
Postpone Sale
Law Journal
Patriot News
30.00
20.00
15.00
.50
1.00
25.66
11. 70
15.00
15.00
8.61
12.02
260.75
197.58
$612.82 paid by attorney
Sworn and subscribed to before me
?~~~
This l2~dayof I.~
q R. Thomas Kline, Sheriff
2001, A.D. . ~ (2, ~~ S' '. f) 0.
Byqt1~ MLt
Prothonotary Real Est te Deputy
c'- "'_ ,~., _<;'__' , !"~_, _
. .
I~ " -".
\,~ t"h.. 3 ~ HI..
~ 1191. U
"..,.
.
~/ ~
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly 1. Digiovanni
Number 01-3456 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the
above action, set forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the
real property located at 1318 Pine Road, Carlisle, PA 17013, a
copy of the description of said property is attached hereto and
marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s)
Name
Address
Holly L. Digiovanni
1318 Pine Road,
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
Name
Address
Holly L. Digiovanni
1318 pine Road,
Carlisle, PA 17013
";!~=",., ,'~C.'<""""
<','
-_..
'"
T~
.
.~
. .
,
"
,
~
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Name
Address
plaintiff herein.
Avco Financial Services,
3401 Hartzdale Drive,
Suite 130,
Camp Hill, PA 17011
Sandy Digiovanni, Jr.
P.O. Box 33
walnut Bottom, PA 17266
4. Name and address of the last recorded holder of every
mortgage of record:
Name
Address
Plaintiff herein.
Pennsylvania Housing
Finance Agency
2101 North Front Street,
Harrisburg, PA 17110
5. Name and address of every other person who has any
record interest in or record lien on the property and whose
interest may be affected by the sale:
Name
Address
None.
6. Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
Name
Address
Tenant (s)/Occupant (s)
1318 pine Road,
Carlisle, PA 17013
Domestic Relations
Cumberland County
P.O. Box 320
Carlisle, PA 17015
""'--""-
.
'1 '--'~~'-
, .
~"""",,-'
"n'!ll'~~,<? .~
,
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
August 31, 2001
AI( f;tc
TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
DATE
~~,~~
~.
,1"--
~r ,-
~~ ~:
';
LEGAL DESCRIPTION
EXHIBIT "A"
ALL THAT CERTAIN TRACT OF LAND SITUATE IN DICKINSON TOWN'SHIP, CUMBERLAND COUNTY, PENNS'YLW\NIA,
MORE PARTICULARLY BOUNDED 100) DEscamED AS FOLLOWS:
BEGIP1NING AT A POINT IN THIS CENTER OF THE PINE ROAD WHICH POINT WAS FORM!i:RLY THE NORTHWEST CORNER
OF IJ\NDS OF MELVIN H. MILLER WHICH WAS CONVEYED TO WILLI1lM W. DREISBACH IN CUMBERLAND COUNTY DEED
BOOK X, VOLlJMI1l 19, PME 111; THENCE BY THE CENTER OF THE SAID PINE ROAD NORTH 67.5 DEGREES 00
MINU',I'ES 00 SECONDS EAST 100 FEET TO A POINT IN THE CENTER OF THE SAID PINE ROAD; THENCE BY OTHER
LANDS NOW OR FORMERLY OF mLLDM W. DREISBACH, E'l' AL, SOUTH 22.5 DEGREES 00 MINU'1'ES 00 SECONDS
EAST 200 FEET TO A POlN'l'i THENCE BY OTHER LANDS NON OR FORMmRIlY OF WILLIAM W. DREISBACH, ET llli,
SOUTt! 67.5 DEGREES 00 MINU'l'ES 00 SECONDS WEST 100 Ji'EET TO A POINTi THENCE BY OTHER LANDS NOW OR
FoRMlCRLY OF wn.LIAM W. DREISMCH, ET liL, NORTH 22.5 DEGREES 00 :MINUTES 00 SECONDS WEST 100 B'EET
TO A roDrl' IN 'THIll CBl.N'l'Ea OF THE PIN.Ill ROAD I THE PLACE Oli' BEGINNING.
Parcel ID # 08-12-0334-037
Being Known As: 1318 Pine Road, Carlisle, PA 17013.
!!It
-
.,.
r
.
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly 1. Digiovanni
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
Number 01-3456 Civil Term
TO: Holly L. Digiovanni
1318 Pine Road,
Carlisle, PA 17013
Your house (real estate) at 1318 pine Road, Carlisle, PA
17013, (more fully described as attached) is scheduled to be sold
at Sheriff's Sale on December, 05, 2001, at 10:00 a.m. in the
Commissioner I S Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013, to enforce the court judgment of $75,908.61
obtained by Mortgage Electronic Registration Systems, Inc., its
successors and assigns, as nominee for Household Finance
Corp.
against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to Mortgage
Electronic Registration Systems, Inc., its successors and
assigns, as nominee for Household Finance Corp. the back
payments, late charges, costs, and reasonable attorney's
fees due. To find out how much you must pay, you may
call Terrence J. McCabe, Esquire at (215) 790-1010.
''"
~--,r-,~-'-
~T ._ "
r r--~~ ,-
-
~ ,
-
I!ffi"
'"
i'
2. You may be able to stop the sale by filing a petition
asking the Court to strike or open the judgment, if the
judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See the following notice 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 Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling Terrence J. McCabe, Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of
your property.
3. The sale will go through only if the buyer pays the Sheriff
the full amount due on the sale. To find out if this has
happened, you may call Terrence J. McCabe, Esquire at (215)
790-1010.
4. If the amount due from the buyer is not paid to the Sheriff,
you will remain the owner of the property as if the sale never
happened.
5 .
You have a right to remain in
amount due is paid to the Sheriff
to the buyer. At that time,
proceedings to evict you.
the property until the full
and the Sheriff gives a deed
the buyer may bring legal
6, You may be entitled to a share of the money which was paid for
your real estate. A schedule of distribution of the money bid
for your real estate will be filed by the Sheriff on Januarv
04. 2002. 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 schedule
of distribution is wrong) are filed with the Sheriff within
ten (10) days after Januarv 04. 2001.
::,'jI,,)$i.~, "0 ._ oj-r", ',' _""
"','
,
,
..
7. You may also have other rights and defenses, or ways of
getting your real estate 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.
LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
OR
CUMBERLAND COUNTY
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
"^;"C_!~:_""_ ,-,,~ _ ,- , . ".~ ','C,,", :...".
,
"' -,
.,
r
LEGAL DESCRIPTION
.ALL THA.T CERTAIN TRACT OF LAND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA,
MORE PAR,TlCUIJ\RLY BOUNDED .AND DESCRIBED AS FOLLOWS:
BEGINNING M A POINT IN THE CENTRlR OIi' THE PINE ROAD WHICH POINT WAS li'ORMl!:RLY THE NORTHWEST CORNER
OIi' LANDS OF MI!lLVIN H. MILLER WHICH WAS CONVEYED TO WILLIAM W. DRfCISBACH IN CUMBERLAND COUNTY DEED
BOOK X, VOLUMm 19, PAGE 111; THEN'CI!l BY THE CEN'l'ER OF THE SAID PINE ROAO NORTH 67.5 DEGREES 00
MINUTES 00 SECONDS EAST 100 FEET TO A POINT IN THE CENTER OF THE SAIn PINE ROlIDi THENCE BY OTHER
LANDS NOW OR FOBMlllRLY OF WILLI1IM W. DREISBACH, ET AL, SOUTH 22.5 DEGREES 00 MINUTES 00 SECONDS
EAST 200 FEET TO A POINT; THENCE BY OTHlllR :LANDS NOW OR FOBMERLY OF WILLIAM W. DREISBACH, E'l' AL I
SOUTH 67.5 DEGREES 00 MINU'l'ES 00 SECONDS WEST 100 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR
FORMlllRLY OF WILLIAM W. DREISBACH, ET AL, NORTH 22.5 DEGREES 00 :MINUTES 00 SECONDS WEST 100 FEET
TO A POINT IN THE cmN'Tlm. OF THE PINE ROAD I THE PLACE OF BEGINNING.
Parcel ID # 08-12-0334-037
Being Known As: 1318 Pine Road, Carlisle, PA 17013.
'''Ji-_c
~~.
""
WRIT OF EXEC.UTION and/or ATTACHMENT
;\
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO.Oj 14E)n rivilGlYclLlUI ~
CIVIL ACTION - LAW
TO THE SHERIFF OF rllmhPr1 ann
COUNTY:
Its
636
from
To satisfy the debt, intllrest and costs Que ,Mortqaqe Electronic Resistration Systems, Inc.
successors and asslgns, as namnee :tor Housenoia t'mance orp.
Grand RAgP.ncy B01l1 "varn. Rnmnon. F'f. _ TiE) 10 PLAINTIFF(S)
Holly L. Digiovanni 1318 Pin" Ronn. Carlisle. Pa. 170]3
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
1318 Pine Road. Carlisle. Pa. 17013 (More fully described as attached)
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to notny the garnishee(s) that: (a) an allachment has been issued; (b) the garnishee(s) is/are enjoined 'from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) ,If property oflhe defendant(s) not levied upon an subject to attachment is found in the pol;session of anyone other
than a named garnishee, you are directed to notify himlherthat he/she has been added as a garnishee and is enjoined as above
l;tated.
Amount Due $7') gOR 61
Interest F'rrm g /01/01
Ally's Comm
L.L.
$0.50
%
Due Prothy S 1. 00
Other Costs
Ally Paid
$
104.96
Plaintiff Paid
Date:
September 7, 2001
Curtis R. Long
Prothonotary, Civil Division
by: q"f'-'-' f2 fkJp~.,
Deputy
REQUESTING PARTY:
Name 'I'prrpnr" ,1. MrratJf>. Rsg.
Address: 123 South Broad Street, Suite 2080
Philadelnhia. Pa. 19109
Attorney for: Plaint; ff
Telephone: (215) 790-1010
Supreme Court ID No, 16496
,_~ ^ '..0
--~
H, ~
~ 1>J"'iP!
<, ',1"-'
r.,
L
REAL ESTATE SALE No. ~ 3
On Sept. 12, 2001
the sheriff 1avi9J:i Mf)M the ~MrH~'
Interest In the real property situated In Dickinson _.:ol'nsh~~."
Cumberfafld (',o!j!'lt<y. . 0 ~(f,,'"
rJt")~red as:. 1318.fille:Hoad
Carlisle
. nllo mort, .
. ....' h ',k!t "'" I'" i'a",., """
." ,U:;O 0\: t"X'l"'M'" It', ,11m) '(jW!L!:1
i.his writ and by
;. ~; ",:, . ';:" .'t.
rOiJrated twml~L
C':Jtb ~
Sent. 12. 2901
By: q6d LA ~~
~ '
Real Estate Deputy
~
~
~
G;1i
v ~ ~! ~,f f., --1 I ('. ~ 1 ! J ~
<, ,I ;,c -:' ",' l'l.:Jd
- /1'\
I:
11
In, 1:1 II E II d3S
A1NI"i ,'Ir.J
,1d11l3Hc; ,: ".. ' c';'.:UO
~,_~~ _~~~~,ffl~-l'i.e!t'~";"'\'i-f\';?~9;;~'f:;:!'4>jI1i7~-j..-';~W:i\H~!i!1iIjIll}~~~"'iIf-1il&~f'~<iil~#~'tii.w:.~~
, ,
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
STATEOFPENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 12, 19,26,2001
Affiant further deposes that he is authorized to verity this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
SWORN TO AND SUBSCRIBED before me this
26 day of OCTOBER. 2001
~~''';L4 .hr'A.-'
! NOTA\~lALS!:A
! LOIS E. SNYDER, NoW"t Pufl!!c "
! CaflJsla 8ool. CI.o'lf.llSi'.ano Coon ,
~ My eo..,missioo Expires 1I.a.'llh 5, 2~ .
~ " :
REAL ESTATE SALE NO. 23
Writ No. 2001-3456 Civil
Mortgage Electronic Registration
Systems. InC.. its successors and
ass1gns, as nominee for
Household Finance Corp.
vs.
Holly L. Digiovanni
Atty.: Terrence McCabe
LEGAL DESCRlPTION
ALL TIiAT CERTAlN tract of land
situate in Dickinson Township.
Cumberland County. Pennsylvania.
more particularly bounded and de-
sCribed as follows:
BEGINNING at a pOint in the cen-
ter of the P1ne Road which point was
fonnerly the northwest comer of
lands of MelVin H. Miller which was
conveyed to William W. Dreisbach
In Cumberland County Deed Book
~-"'-' -
X. Volume 19. Page 111; thence by
the center of the said Pine Road
North 67.5 degrees 00 :m1nutes 00
seconds East 100 feet to a pOint in
the center of the said Pine Road;
thence by other lands now or for~
merly of William W. Dreisbach. et
aI. South 22.5 degrees 00 minutes
00 seconds East 200 feet to a pOint;
thence by other lands now or for-
merly of Will1am W. Dreisbach, et
al. South 67.5 degrees 00 minutes
00 seconds West 100 feet to a pOint:
thence by other lands now or for-
merly of William W. Dreisbach. et
al. North 22.5 degrees 00 m1nutes
00 seconds West 100 feet to a point
in the center of the Pine Road. the
place of beginning.
Parcel ID # 08-12-0334-037.
Being Known As: 1318 Plnf':: !
Road. Carlisle, PA 17013. ..c"/
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivabie 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 Th e
Patriot-News and The Sundav Patriot-News newspapers of general circuiation, 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 andlor Sundayl Metro editions which appeared on the 23rd and 30th day(s) of October and the
6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duiy authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
~;~;~',~~:~~m,"' " D.oo. '" '"' 'm:"::""" D~'"Z'="':,,":'OO'"M"m
CO PY Sworn to . . 19th {y of N rnber 2001 AD.
S ALE #23 Nolanal S.a' ~. /:':
Terry L. Russell, Nota.ry PI, .
H!lnsburg, Oauphln Co n /
MyCommlsslonE'l',...Jun"a, 02 Ni TARY PUSUG
Memtltlt. f'ennaylVanlaA..oclatlonol N01l\9"~ommlssion expires June 6, 2002
REAL ESTATE SALE No. 23
Writ No.2001-3456
Civil Term
Mortgage ElectronIc
Registration Systems, Inc.
"Its successors and
assigns, as nominee for
. . Hous~~olt:J Finance Corp.
",,'.:;,,,, ,-' vs .
. ~I'Y L. Digiovanni
" A~, Terrence McCabe
DESCRJPr{.'J"
, ALL THAT certain tract of kind' sItuate in
, Dic~igson iOi\lIsb1p, Cumberland County,
P-emi~ytvania, more particularly bounded, and
, desCLibedasfollo'.\os:
; BEGINNING at a point in the center of the Pine
I.: : ROOd" which point was formeriy the northwest
r, comet Of lands of Melvin H. Miller which was
conveyed to William W, Dreisbach in
. Cuniberland County Deed Book X,--Volume 19,
, Page."l1.1~.,them:e, by the center of the said Pine
: Roa(l',nmth 675 degrees 00 minutes 00 seconds
: ea'sf,l00Teet to a point in the center of the said
PI Pine"ROad~ thence by other lands now (l[ '-dvertising Cost
fonner,ly. of William W. Dreisbach. et a1 south
22Sdegrees 00 minutes 00 ",condi,"'t 200 feet publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
Ci-'1he~~~~;Other1andsnoworfOnner]YOfWi;Uam receipt of the aforesaid notice and publication costs and certifies that the same have
be w, ,~rel!iba!'h~ et ai, south 67.5 degrees 00
m1niltes 00 s~'fXIds west 100 feet to a .point;
thence by othet.Jands now or fonnerlyof William
'Y.... p~sbach. .ft aI, north 22j degrees 00
lUlnures 00 seconds west 100 feet to a point in the
center of the nine Road, the place of
, BEGINNING.
P,""eIIDt.\J8-12-033,,"037
BEING kno'.\n as: ]318 P~e Road, Carlisle PA ;
17013'. ' I
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$
$
$
196.08
1.50
197.58
By......m_m...................m._...............mm..........
CB&R
235 SOUTH 13TH STREET
.PlrlILADIi'LPHIA, PA 19107
PHONE, (215) 546"7400
FAX, 215.985.0169
Philadelphia
Association of
Professiomz.!
Process Servers
Services for Professionals Inc.
AFFIDAVIT OF SERVICE
CASE NO.
DATE RECEIVED
PLAINTIFF(S)
DEFENDANT(S)
C,!,.:!.,;.oi..
" .i,'"
,<'.>--l",:~', ~.
.'
~11-j ','-
,., .~: ::~ ':,M
.~, ',:.;
~,J "
,-.-.;"'tDn
.:-'-..,ii./......
SERVEAT
.\...
:)
< r , -~
,-;,i'; ,.>
"1\-;
'.=pe ~:'
;:~c..;:-:~ :.~ '.,:
;'.'
:~(, '. '-~' ",
.:'.<,-,-,"'---''''.
'T ;:} '" n, .. "'-,
i::r' ~._-(:;:.
;;~ G ':'\ I:; r:; .,': ',',"; ~:' ~" <"
COMPANY CONTROL NO.
(~~i:~RVE E:-'Y~'
I";!.\
;. D\~~'::
REFERENCE NO.
,~', J.., _-: :
h,__,,_.-"
PiC': '2p t{f!(::
Served and made_known to [";0 '; ). V
k_."
!.J :',1:' :LtJV i:'i',",'"'' ~,
onthe
day of
,20~,at
o'clock,
M"
at
Commonwealth of Pennsylvania, in the manner descrIbed below:
D Defendant(s) personally served.
o Adult family member with whom said Defendant{s) reside{s). Relationship is
o Adult in charge of Defendant's residence who refused to give name or relationship.
o Manager/Clerk of placing of lodging in which Defendant(s) reside(s).
o Agent or person in charge of Defendant's office or usual place of business.
D Posted
C Other
;~,! !::, ;~ L:~:;~ I ,~. -~. :jj,!
t..GE
:"f 1:"_ ::. 'i..~ ~'1 !
_.... II
~:':';';'l::~E
,:::.:~~ ;<
'C';'1:::;
7~".
:-;, (.\ :".~,":"~~~I;-;:~.~~~~.,;;; ;'; ~?~~?' ,:~; '::;.~~:: i'~~~_;~~~;'~ ,.
a-fflAc he r::L
~'~~"""-~"_,.-
. ..~ -., -,~ -. - ~-'..".,
t_!n
,:. C~ ':: k ':
-V"," "
mL___- .
li,. "l\:'.!..i '(,'j;,' ~:IU':':"
[i'l:'hc.;,
~ee..-
"......"___..n.'_...
'-""-"'-"'--"-''''
__~"~'''_.'~m ",,-,
",__ ,.. ___ _., _,~.~ .' ." ~M
,-,.,......".._,,.-.
:}E~GTIZ~J S~R;jIC~~
',~'l';",; _ ,1.!,:"
1,'> b \' \I I !';)P~' H
GO .~Ej.'&0y depL!t~~G the
:', e"'-'
.::,'
'..; :;','1";
',1.;.::.
.:.';,"\
\i I;:~
t:-h ~k ~;,
.....-i.::i
,''lEi k;:::-
'::;:..1,';-":-j
t:hiii;-"';:';'f
,~, nti
.;E C~::
"-,','
::. ,- i ~:,.j
{~.' . \':, ~ .
(~~,':!;..ll t- ,:
,)" (!'~:y
-'::;'.' i2Y .
",,'"
'I (~~'C ",
, ..M....__.'
.------ ---- --,-~,
. '.,. .::::::::~ ;~:::;;:; ~;7;;';: ~:;;;;.C;: -;~ ;;.
.\..
ec:_.;/
':, n ::; '~':r u.c~~: ::. C.l'd'::~,
"""".',
NAME OF SERVER
Sworn to & subscribed before me this
,<',.---- ---.
'_J ~__ ,':: :;; ,
;:>::~'t
being duly swom according 10 law,
deposes and says lhat he/she is process server herein names; and
that the facts herein set forth above are true and correct to the best of
their knowledge, information and belief.
day of
20
Sheriff
Process Server /
Competent Adulf
Law Firm 1"1(' r:.-;, i:-. ,~:' ,
Attorney's Name
Address .. <,,' ~.
~" b (,:.~ ',~ :.;
(,', ~,,: ,~" ''--' ui ii' 'v "
ATIEST;,' "'
PRO PROTHY
,- ;~,- :".;:: - "f \:: ..' _~, U ':.~ " I::, '::, i:
For
,;;, -, "~
. n',;,-::
P'I.HrJ
::,~ (' ;,,' cl (,
.~: -., ',~
,.:--,:;,
',,,
. "
'<"~': .:::,;;,i
J elephone # .:., ~:: ;.;1-- ~~_ fj :'. [-?j
';;'.J?OOQPhlbdq~hhA.~ dPA:'/.e'.$$.i::ms)P~sS"'I'I'W'SRsv 1
'~:' ~-i ~, :;. ,':.
"':,:.~'n,I..::, i":'<'
i.';,;".i,',
J,__:'(!,::.:
~, '. q
,-"".. ,;';
Identification #
DATE
". .
. "" ,.
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NUMBER FOR COURT USE ONLY
.
13 & R SERVICES . 800-503-7400
235 S. 13TH STREET
PHILADELPHIA PA 19107 Ref. No. or File No.
ATTORNEY FOR
Insert name of court and name of judicial district and branch If any.
SHORT TITLE OF CASE:
MORTGAGE: DIGIOVANNI
INVOICE NO. DATE: TIME: DEP./DIV" CASE NUMBER:
279559 01-3456
NOT FOUND OR NON SERVICE RETURN
I, THE UNDERSIGNED AM AND WAS ON THE DATES HEREIN MENTIONED, OVER THE AGE
OF EIGHTEEN YEARS AND NOT A PARTY TO THE ACTION, ATTEMPTED TO SERVE THE
FOLLOWING:
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
AND THAT AFTER DUE SEARCH, CAREFUL INQUIRY AND DILIGENT ATTEMPTS AT THE
RESIDENCE: 621 A. BERYL STREET
REDONDO BEACH CA
BUSINESS: UNKNOWN
I HAVE BEEN UNABLE TO MAKE DELIVERY OF SAID PROCESS ON THE WITHIN NAMED:
HOLLY L. DIGIOVANNI
PROCESS IS BEING RETURNED WITHOUT SERVICE FOR THE FOLLOWING REASONS:
04/10/037:38PM "NO ANSWER" AT RESIDENCE
04/12/036:56AM "NO ANSWER" AT RESIDENCE
04/13/032:15PM "NO ANSWER" AT RESIDENCE, WINDOW OPEN
04/15/039:40PM PER OCCUPANT, SUBJECT MOVED OUT IN JUNE
OF 2002. NO FORWARDING ADDRESS FOR SUBJECT.
PERSON SERVING: LAROIN BLACK
FEE FOR SERVICE: $ 50.50
Ronsin Attorney Service Inc.
1199 Monterey Pass Road
Monterey Park, CA 94754
(323)526-7300 FAX 526-7377
d. Registered California process server
(1) [ ] Employee or [X] Independent Contractor
(2) Registration No. 4807
(3) County: LOS ANGELES
(4) Expiration: 04130/05
I declare under penalty of perjury, under the laws of the of California, and of the United States of America
that the foregoing is true and correct.
>o<~~&~
SIGNATURE
DATE: 04/21/03
CONFORMS WITH JUDICIAL COUNCIL FORM #982 la) (23)
:n~!_rr lL _~_....,,__
"f_--"C.'
J'_"'''',=
r I
-
-
,~.~ ~
'., .. .~""
'>, """."0' , _, ~ "< _ .' C" .
(J-.
<G
J
->c
'"
0
c
s: -l::
,J ()..:' .~:''l<
rn L': -or.::
;;r; Lu ~ " "
0) .- C
-< ~- t''';
f :::"~': ,
C C)
"'- C
> ...-0 m
~ -,,.,.-
-" -~
:J1 ~-~
..<!. "u
.,. :<
~.o~~~iT
~_~,~~~@!f$!~ll.l~''\il", "" ~
,!'!If J1f}i!iNWN;",t ,-., ,'"?'\"'''''''''';f''~'_jhl'".,,;'''''~1)'_',:Klw)~I~1l'ilW'~'@!,GfA>if~W'!;J'N7"";' ''''_0~),,;,'''mi\#!W~M)!#:W.l?,w'"0m!~'~
-~----
'S&Rl
-5ervic~ for Professionals Inc.)
DEFENDANT(S)
CO~lr';_:' '",:
.0', h !',Vj''i ~:~' I
Philadelphia
Association of
Professional
Process Servers
235 SOUTH 13TH STREET
PHILADELPHIA"PI.\ 1,91Q7
PHONE, (215) 546-7400
FAX: 215-985-0169
AFFIDAVIT OF SERVICE
CASE NO.
PLAINTIFF(S)
',,-,.'
"'" .c:"",-.
"1:""
',r,.;,,,
DV....."l'!-;
;",:,;~,,-
""-':,-'
SERVE AT
C)','
"
.... ~.
"-'..";
-"i."-'
t '(\:"
...~ "
","
,)I,j_~;;-(t]. -;:J', ~: ~~: '"
^
1';':-
,c."c,
l-",;'
;-,
:~;f;~.
";'"
';:"'-'-'" "~
( ';,
",<...,,-,.
~:_:-i:~ r~:?
COMPANY CONTROL NO.
REFERENCE NO.
i - '.:.- ~
. r::' ~-: ,"
'f ~_ ",c~,.."
t:-:;t':cepti?~~
Served and made known to "'j c. .'. .'. --,'-
"',', ,J '1.;'."'" /~:-nn:;
on the
day of
,20_,at
o'clock,
M.,
at
Commonwealth of Pennsylvania, in the manner described below:
~ Defendant(s) personally served.
o Adult family member with whom said Defendant{s) reside{s). Relationship is
D Adult in charge of Defendanfs residence who refused to give name or relationship.
D Manager/Clerk of placing of lodging in which Defendant(s) reside(s).
D Agent or person in charge of Defendant's office or usual place of business.
D Posted
D Other
. " ::~ 2~. ~:~ ~~ I;'" .:: C i\l ;'t L~
HEIGh"i'
,.j,:~ -:- ,'# -IT
F;;::;[:;;:
f:: ~~:)~
~. ,-,. ",- ,,-- '-- "-,-~. ,,~"" ,~..
.." """~ ,-': :,.; .~. - .-~ -- -. ---
::!J
dE.>'
",';'
., c'
/;', 'C
'"
''''';.
,".;.','
0\:ib~'~ ~o~ Y~.tinQ~
. .
'}':J'-.;'S-C!
~, (, ;-, 'tl ('\ W )"!
,."f
, ....f ::~
"'''.-,"1.
__......n~. :";'"
5ee...-
a-lf-acn e. i..-_.'
.~ _,._ __ OM ~_ ,,_ M'''"
.,_. "'~--"-----'-~"-'-'-'
.... '.- ..- ,>->~"
..,,~,.__..,_.
--.., ..- ~-,~--~,
,~~<>~~---~
:;>[::::r:'~JT
,"'''~ 'N.',:
"1
'",
c-
";".-
'::it
j ;I"f.;;
~,:.~ ~~~ ~~ '3 ;;
c: ~':)
h ~:!.~ ,'" .J'y'
.~::.::l ','_ ''';'::, ~:: .~;
::::~ fe'
L:~
__--~;;,J . , \. '"
.~- :'j .~ -::
~,. i"J ci ,"i Q !'. _,. -I" (!:., j'~ :',
,.;:.,;, ',_ 'w'(
'J'iL' ',,'._
'cr,..!,.:"'I),'::.'
',I"
,""
::~ ;=i t~ f, '(': ',;
:)f"i.
,'''';"
; i
. . ~-: t.'."" !;
.. - ... --. - ",,- ~.. -'-- '.'
'" ..._"..'mm"_.'..____ ..,,_,
'" -.' .-, ,-,. ,.._,,~
""',.......-."...."
:,: ',:' ',- :__~ C.
:"'--15-
,;;<~ ,,'i'.
"'Ft'-'
",,;
c- ,- ~.-: ,'"
:;\'.','
," .
::: t;~ .~. ':.-" ';', ;.:~ ~:', '(l'r_'
t ~, '.
> '" , ~
.P"t ..
''r''''
NAME OF SERVER
Sworn to & subscribed before me this
"'-'O.C,
',,;:-,
I;:~ '., ,--
being duly sworn according to law,
deposes and says that he/she is process server herein names; and
that the facts herein set forth above are true and correct to the best of
their knowledge, information and belief.
day of
20
Process Server I
Competent Adult
Sheriff
Law Firm ('tt:: I, ...
Attorney's Name
Address ..... .::'
';, : ; ie'; ~ ' I,:;
::~ ~'! '.~. ,'.
ATIESTc"'
. ;,~.
, ,. ';', ~::
~., ". I"~. ,
'-"-'->"
:';,:'."-',.
For
-',
',__,_':" '-C.'
PRO PROTHY
ECi;}'i::-h
1:~ ~., C i.~ I:;
'''(.',',','
:.:-:,' ,-"
'__,.r'", _ ,.:..')_,_j._~._::",i: ,1.(': ','.~'y
i.,-,
J eJephone # " ,'..'~ f':,
~.2000 Philadelphia Assoc. of Prm8ssJonal PrOC$$S Sarvers Rsv 1
Identification #
DATE
.lO-4. :.:;too
AITORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NUMBER FOR COURT USE ONLY
. . ,
Ref. No. or File No.
CS179192A
ATTORNEY FOR
Insert name of court and name of judicial district and branch if any.
SHORT TITLE OF CASE:
MORTAGE ELECTRONIC: DIGIOVANNI
INVOICE NO" OATE: TIME: DEPJDIV" CASE NUMBER:
280993 01-3456
AFFIDAVIT OF SERVICE
I, KATHERINE CHERYL BROWN DECLARE THAT ON 04/19/03
AT THE TIME OF SERVICE I WAS AT LEAST 18 YEARS OF AGE, NOT A PARTY TO
ACTION AND RESIDE IN THE STATE OF CALIFORNIA. I SERVED THE WITHIN
AFFIDAVIT OF SERVICE
NOTICE OF SHERRIF'S SALE OF REAL PROPERTY
AND THAT DATE: 04/19/03 TIME: 5:41 PM , I SERVED SAID DOCUMENTS ON:
HOLLY L. DIGIOVANNI
I KNEW THE PERSON SO SERVED TO BE THE PERSON DESCRIBED AS SAID SUBJECT
AGE: 45 HEIGHT: 5'9 WEIGHT: 135 HAIR: BLONDE RACE: WHT SEX: F
AT: 714 A. N. JUANITA STREET
REDONDO BEACH CA 90277
STATE OF CALIFORNIA
FEE FOR SERVICE:$
SUBSCRIBED AND SWO (OR AFFIRMED) TO BEFORE ME THIS
;?K D Y OF ~ 03
. E.J. SHIELDS
NOTARY PUBLIC. CALIFORNIA
. COMMISSION #1230238 r!
ORANGE COUNTY -
My Comm, Exp. AuguS! 25, 2003 "
B & R SERVICES
235 S. 13TH STREET
PHilADELPHIA PA 19107
d. Registered California process server
(1) [ ] Employee or [ X ] Independent Contractor
(2) Registration No. 4106
(3) County: LOS ANGELES
(4) Expiration: 04/25/03
I declare under penalty of perjury, under the laws of the of Califomia, and of the United States of America
that the foregoing is true and correct.
DATE: 04/22/03
CONFORMS WITH JUDICIAL COUNCIL FORM #982 (a) (23)
> III =.J""".~ e. /f>>n.v---
SIGNATURE
",
" ft.
~ '~l~-"~'
.
i
.w._ ~
n
<.lJlJU1~~,
" h""~
;'1
~,-:
,~lffliD;L,. ~~
..-, -,
, .
"~.,..:. "_.k-~. ''"0
",j~
,~.-,
~,~ ~--~"".,
" ."~ 0"0" ~,-" ,o,'~'.,_.,,~~
"ilrUfn
...; 1#:"
.
(;:)
C~J
r-)
~Tl
.
"".s
<Q
()
~
'-
~~s:
Q'1r~::'
~jfC--
-<
c:
~
,S~
~
J:~'..
'--'-
~()
.:---:\
:'TI
-<
:___"7
-",..."..",'''''1, ,!!'!!!f~..,__."~llf~i\PI!yql-\IFJF)~'~'~"Wi~'"j':"~~eJ!1l:!Wi!~~__'@@j'l!Ii1'!~,,(~I~~~
.""""
.-- . <
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL DIVISION
Mortgage Electronic Registration
Systems, Inc., its successors
and assigns, as nominee for
Household Finance Corp.
636 Grand Regency Boulevard
Brandon, FL 33510
v.
Holly L. Digiovanni
1318 Pine Road,
Carlisle, PA 17013.
FILE NO.: 01-3456 Civil Term
$75,908.61
AMOUNT DUE:
INTEREST: from 9/01/01-6/11/03
$8,080.56 at 12.47 Per diem
ATTY'S COMM.:
COSTS:
TO THE PROTHONOTARY OF SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if
it does, it is based on the appropriate original proceeding filed pursuant to Act
7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue writ or execution in the above matter to the Sheriff of Cumberland County,
for debt, interest and costs upon the following described property of the
defendant(s)
1318 Pine Road, Carlisle, PA 17013.
(More fully described as attached)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of N/A County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description,
supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control
of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens
against real estate of the defendant(s) described in the attached exhibit.
Si9Mcure0, ~ _
Print Name: TERRENC. B~ E~E
March 6, 2003
DATE:
Address: 123 S. Broad Street, Suite 2080
Philadelphia, PA 19109
Attorney for: Plaintiff
Telephone: (215) 790 1010
Supreme Court ID No. 16496
:,)\:r;1 w~"--
"-'+-''f'!:., <,o"'-~"'_"'~',:?,!,r - . "T. .,,~;~,~',,' ~'_'~ " - "". '~_"',,- '. , __".~" .'"_"_,"_1' __'~""" ,".",_ ,>~_ '"
'"
~
~
t
r
t
e.
I~
"1
~
r--
R(J
#=-1
~
()
o
t:, __
~ e
a---..J
~
- ,'f'
-~', ,'." ,~"
~
~
o
f-.i
I\g
~ "I<}.
~..o~;;~~
. . . . .0 0
g86~r'()
~ ~: ~ r~
~.........t\:)~
- ... "."-41:::.
() c.::'
f;: C..:c
vo~
"n ~,~'
~;~~-.,
(J,T _
;::;~
'" '"
?'-"
z('""
Sc.:
2:
:;J ,-"
(~
,
...
0., ._"
~~J~,_.~ "BJ"W~-!f.ln~~ ""or:,,.......,
,_~l!!_Ji.,
:-"'.
....
",
:7"0
~::>-~.
9?
~"' ,:m~~
;"'-
v
. "
LEGAL DESCRIPTION
.
ALL THAT CERTAIN TRACT OF LAND SITUATE IN DICKINSON TOWNSHIP, ClIMBERLAND COUNT'X', PENNSYLVANIA,
),{ORIC PARTICULARLY BOUl!IDED AND DESCRIalCD AS FOLLOWS:
aEGD1:NING AT A POINT IN THE e&:N'I'ER OB' THE PINE ROAD WHICH POINT WAS FORMli:IU..Y T.Hm NORTHWEST CORNER
OF LANDS 0:1' ;MELVIN H. MILLER WHICH WAS CONVEYED TO wxu.,DUl4" W. DmcISBACH IN CUMBERLAND COllN'l'Y DUD
BOOK XI VOLUMIC 1.9 I PAGE 111; 'nIBlNCIil BY THE CENTER OF THE SAID PINE ROAD NORTH 67.5 DEGREES 00
MINUTES 00 SECONDS EAST 100 FEET TO A POIN'r IN THE CENTER OF THE SAID PINlil ROAD; 'rHENCE BY OTHER
LANDS NOW OR FOBWERLY OF WILLIAM W. DREISBACH, ET AL, SOU'l'H 22.5 DEGREES 00 l4INUTES 00 SECONDS
EAST 200 Ji'EET TO A POINT; THENCII: BY OTHER. LlWDS NOW OR FORMERLY OF ~IAM W. DREISBACH, ET AL,
SOUTH 67.5 DEGREES 00 HINU'l'ES 00 SECONDS WEST 100 FEET TO A PODr.L'; THENCE BY OTHER LANDS NOW OR
~y 01' WILLIAH W. DREISBACH, ET AL, NORTH 22.5 DEGR.EE$ 00 ldJ:NU1$S 00 SECONDS WEST 1.00 FEE'!:
TO A pOINT IN THIll CII:N'1'JCR 01' THE PINE ROAD, THE PLACIi: OF BEGINNING.
Parcel ID # 08-12-0334-037
Being Known As, 1318 pine Road, Carlisle, PA 17013.
";'-,- "",.
,-'- --,-,
"r,
WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 01-3456 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., ITS SUCCESSORS AND ASSIGNS, AS NOMINEE FOR HOUSEHOLD
FINANCE CORP., Plaintiff (s)
From HOLLY L. DIGIOVANNI, 1318 PINE ROAD, CARLISLE, P A 17013
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify hirnlher that helshe has been added as a
garnishee and is enjoined as above stated.
Amount Due $75,908.61
L.L.
Interest FROM 911/01 - 6111/03 $8,080.56 AT 12.47 PER DIEM
Atty's Corum %
Due Prothy $1.00
Other Costs
Atty Paid $730.28
Plaintiff Paid
Date: MARCH 11, 2003
CURTIS R. LONG
(Seal)
prothon~ p
~. ~~..
Deputy
~CA,A.,Y.U
REQUESTING PARTY:
Name TERRENCE J. MCCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPIDA, P119109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
-;1_ _ ~_~,",",
,
~ "
,"
~ "~
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly L. Digiovanni
Number 01-3456 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the
above action, set forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the
real property located at 1318 Pine Road, Carlisle, PA 17013, a
copy of the description of said property is attached hereto and
marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s)
Name Address
Holly L. Digiovanni 1318 Pine Road,
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
Name Address
Holly L. Digiovanni 1318 Pine Road,
Carlisle, PA 17013
3 . Name
whose judgment
Name
and last known address of every judgment creditor
is a record lien on the real property to be sold:
Address
Plaintiff herein.
Avco Financial Services,
3401 Hartzdale Drive,
Sui te 13 0 ,
Camp Hill, PA 17011
Sandy Digiovanni, Jr.
P.O. Box 33
Walnut Bottom, PA 17266
4 .
mortgage
Name and address
of record:
Name
of the last recorded holder of every
Address
Plaintiff herein.
Pennsylvania Housing
Finance Agency
Ameriquest Mortgage
2101 North Front Street,
Harrisburg, PA 17110
Address to be supplied
j"'7'..,,-;, .
~_'.>,,c-",_,-,-,,_ ,-:f ,"'
5. Name and address of every other
record interest in or record lien on the
interest may be affected by the sale:
Name
person who has any
property and whose
Address
None.
6. Name and address of every other person of whom the
plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
Name Address
Tenant (s)/Occupant(s)
1318 Pine Road,
Carlisle, PA 17013
Domestic Relations
Cumberland County
P.O. Box 320
Carlisle, PA 17015
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
DATE
}~~ k-; ESomRE
Attorney for Plaintiff
MaTch 6, 2003
~Q'A;-"-:;-_--~' ~,-~ -," ,\'''-,,''7T'-_--C'-i'''-'''<,:;--,:,;;c','~".,~'>~>"0 _.,.,.,.,- ,. -- ~-_'e._,_.,_~>; _ ',"~_~'
""
. "" - .~--~.
LEGAL DESCRIPTION
.
ALL THAT CERTAIN TRACT OF LAND SI'l'UATE IN DICKINSON TOWNSHIP, CUMBERLAND COtJm'Y, PENNSYLVANIA,
MORE PARTICULARLY BOUNDlCD AND DESCRIBED AS FOLLOWS:
BEGINNDiG A!r A POINT IN THE CENTER. OF THE PINE ROAD WHICH POINT WAS FORMB:RLY THE NORTHWEST CORNER
OF LANDS OF MELVIN H. MILUCR WHICH WAS CONV1llY8ID TO WILLIAM W. DREISBACH IN ClJMBEaLAND COUNT':( DEEP
BOOK X, VOLUMI!l' 19, PAGE 111. j THmNCE BY THE CENTER OF '.!!HE SAID PINE ROAD NORTH 67.5 DEGBEES 00
MINUTES 00 SECONDS EAST 100 li'ElCT TO A POIN'r IN THE CENTER OE THE SAID PINE ROAD; THENCE BY OTHER
LANDS NOW OR. FORMlilRLY OF wn.LIAM W. DREISBACH, ET AL, SOUTH 22.5 DEGREES 00 MINU'l'Es 00 SECONDS
EAS'f 20.0. FEE'! TO A POmT; THEttCE BY OTHER. LANDS NOW OR FORMmBLY' OF WTI.iItIAM W. DREISBACH, ET AL,
SOl1.1'H 67.5 JJEGREES 00 MINtJTES 00 SECONDS WEST 100 FEET TO A pODlT i THENCBl BY OTHER LANDS NOW OR
FOIIYmRLY OF WILLIAMl1. DREISBAaf, ET AL, NORTH 22.5 DEGRB:E$ 00 MJ:NUTES 00 SECONDS WEST 100 FEET
TO A POINT IN THIll CiNTER 01i' '1'HIil PINE ROAD, THE PLACm OF BlilGXNNrNG.
Parcel ID # 08-12-0334-037
Being Known As: 1318 Pine Road, Carlisle, PA 17013.
EXHIBIT '~'
""
>"
-
.---
_~.~_!lli1~
,
~~~-
0 . .
"S c:
~~
" t"..
~. !Tl C;> -:--J
2-:
7: \?:.,
(1")
-<
r-' c:
35
-"'/ i::', ,
~-
j; t;~)
;:..:; .,',,) C>
-" :D
-< (::;, -<
lI~~f1~';llf'~W';P'i-""')-'A"''''''''~Y''-;;'''~'--F'1J",':''i~T~11l"''f~:~'*'''ii'ffilJl'j;l\\!j1'Ii~~gj1f;j;i.e",)"""""",1\l'''"''''''''*",,Wiil!!'''''?1'fi'''iWlf~~
...
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 south Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
/
.
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly L. Digiovanni
Cumberland County
Court of Common Pleas
Number 01-3456 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Holly L. Digiovanni
1318 Pine Road,
Carlisle, PA 17013
Your house (real estate) at 1318 pine Road, Carlisle, PA
17013, (more fully described as attached) is scheduled to be sold
at Sheriff's Sale on JUNE 11, 2003, at 10:00 a.m. in the
Commissioner I S Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013, to enforce the court judgment of $75,908.61
obtained by Mortgage Electronic Registration Systems, Inc., its
successors and assigns, as nominee for Household Finance
Corp.
against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to Mortgage
Electronic Registration Systems, Inc., its successors
and assigns, as nominee for Household Finance Corp. the
back payments, late charges, costs, and reasonable
attorney's fees due. To find out how much you must pay,
you may call Terrence J. McCabe, Esquire at (215) 790-
1010.
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.
",.,O".,.!,>;-'_'
,- ,-,';~--'"-.-
;"'-',"-
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
. (See the following notice 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 Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid
by calling Terrence J. McCabe, Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the sale
if the bid price was grossly inadequate compared to the value
of your property.
3. The sale will go through only if the buyer pays the Sheriff
the full amount due on the sale. To find out if this has
happened, you may call Terrence J. McCabe, Esquire at (215)
790-1010.
4. If the amount due from the buyer is not paid to the Sheriff,
you will remain the owner of the property as if the sale never
happened.
5.
You have a right to remain in
amount due is paid to the Sheriff
to the buyer. At that time,
proceedings to evict you.
the property until the full
and the Sheriff gives a deed
the buyer may bring legal
6. 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 filed thereto within 10 days
after the filing of the schedule.
7. You may also have other rights and defenses, or ways of
getting your real estate 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.
LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
OR CUMBERLAND COUNTY
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
',0 , ;_''''~'' ,., ,,_ '~'[>'; ~[!~>~:'''~';;'''\~' ,'0;" ~,,;-,- co'" .' ,. " -'-"', _,"_,' '" ;':h"',>'~' "7---<-.'''"!_>~d'' _ ,,' _ ~,
'~"'80,_",,,.,~,__=,_,_,_ ",""<-',"",h'o,_ .~~_~,~ ""
~
,,-
,~_, ~y"?[_~'__ _f"~~ "'. JilI,"_
.-~-~
-
.,,'-, -,,'.
<':l~
(J
-".,
"~
o
C
$:
""'0 l";'
n'I(,"
;-~~.'
...:,~ r
W
"/
r""
c,-
s
-'
Zo
:P-c:
Z
:2
.
.
--r
c:)
,)
"'~.)
C..~
~s
-<
-~ ."
"~~~;""""",,;',_!'l?"~~A~1lY,^}l;_;;'!,~~. _ :>-'-7 > 0 ~""":~,,",,i,!.t~r.:WB~~I~._,~ _If;~~
McCABE, WEISBERG AND CONWAY, P.C.
,BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly L. Digiovanni
Number 01-3456 Civil Term
AFFIDAVIT OF SERVICE
I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in
the within matter, hereby certify that on the 29th DAY OF APRIL,
2003, a true and correct copy of the Notice of Sheriff's Sale of
Real Property was served on all pertinent lienholder (s) as set
forth in the Affidavit Pursuant to 3129 which is attached hereto as
Exhibit "An,
Copies of the letter and certificate of mailing are also
attached hereto, made a part hereof and marked as Exhibit "B."
j '~(){P---
TERRE C J. McCABE,
-"
ESQUIRE
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 29th DAY OF
APRIL, 2003,
!JiuJiIU 11. ~
NOTARY PUBLIC
~";,,.- ,'~'
?'l1"-"(Q,,'t. . ,,",- .,._'[<_. '0' _-.,-~"", <,
"0 "-',_,.-_._
'_"'_/'~ .,'_I_.'""~""'""'""_<"-'''_'_,_,,~,_ _, __, ,,~ __ _~ __'. "._n ,.
McCABE, WEISBERG AND CONWAY, P.C.
'. BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly L. Digiovanni
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number 01-3456 Civil Term
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the
above action, set forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the
real property located at 1318 pine Road, Carlisle, PA 17013, a
copy of the description of said property is attached hereto and
marked Exhibit "A."
l. Name and address of Owner(s) or Reputed Owner (s) :
Name Address
Holly L. Digiovanni 1318 pine Road,
Carlisle, PA 17013
2 . Name and address of Defendant(s) in the judgment:
Name Address
Holly L. Digiovanni 1318 pine Road,
Carlisle, PA 17013
3 . Name
whose judgment
Name
and last known address of every judgment creditor
is a record lien on the real property to be sold:
Address
Beneficial Mortgage Corp
100 Business Center Drive
Highway 22
Brewster, NY 10509
Mortgage Electronic Registration
Systems, Inc., its successors and
Assigns, as nominee for Household
Finance Corp. 636 Grand Regency Blvd
Brandon, Fl 33510
3401 Hartzdale Drive,
Suite 130,
Camp Hill, PA 17011
P.O. Box 33
Walnut Bottom, PA 17266
Name and address of the last recorded holder of every
of record:
Name Address
Beneficial MortgaE*HI B ~TghtW~ss Center Drive
Brewster, NY 10509
Avco Financial Services,
Sandy Digiovanni, Jr.
4.
mortgage
~,. '"~-'-- ,~--~. ",," ~^\.~i~"![~~"l),,, ~c~.-,," "'. c_,'_"_ ~,", '--~", . '"".r."" 'IV"L-~~'^ . " ~><;' ", ~__~"V____~_"',,_.",~__ ~" ',," ~--" -", ."-
,-hi' .
'.
Mortgage Electronic Registration
Systems, Inc., its successors and
Assigns, as nominee for Household
Finance Corp. 636 Grand Regency Blvd
Brandon, Fl 33510
Pennsylvania Housing
Finance Agency
Ameriquest Mortgage
2101 North Front Street
Harrisburg, PA 17110
Address to be supplied
5. Name and address of every other person who has any
record interest in or record lien on the property and whose
interest may be affected by the sale:
Name Address
None.
6. Name and address of
plaintiff has knowledge who has
may be affected by the sale:
Name
every other person of whom the
any interest in the property which
Address
Tenant (s)/Occupant (s)
1318 pine Road,
Carlisle, PA 17013
Domestic Relations
Cumberland County
P.O. Box 320
Carlisle, PA 17015
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
April 29, 2003
~E~SQUIRE
Attorney for Plaintiff
DATE
EXH\B\T "~'
~~';Ot,
,,- '-,~ :'--1";';~;-:O"i's",""Ti'-:'"_ "'_Y ;~_"i-,,__ ."r.,d
~_,,, ._':,"n. -- ,T"--, ,~ .""'7._.-,<,"""
"." e," ,- __ '_', ,. _ ," _ '_",' W,._,,~_~ , '. -q'-M' "___~ - .,--.-,'-,
McCABE, WEISBERG AND CONWAY, P.C.
'BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly L. Digiovanni
Number 01-3456 Civil Term
DATE: April 29, 2003
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S) : Holly L. Digiovanni
PROPERTY: 1318 Pine Road, Carlisle, PA 17013
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the
Sheriff's Sale on JUNE 11, 2003 at 10:00 a.m. in the
Commissioner I s Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013. Our records indicate that you may hold an
interest in the property which will 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 filed thereto within 10 days after the filing of the
schedule.
EXHIBIT "B"
ld};n - "- "--.' -1. ,:,-F":,:'f'-}'f'~,:k~"t",~';i < <::,~ :.'C,-C, :-':- -_,'" i~.' '-,-' ";"~"c:'_ _.~_-:_' 'Co,,, -_,',,_"-1,",," _'i,,=,_~_, ,,____ "'" '_~ _"~~,_
'"0 ""'0 .."
,,~_ '--0'- " __
'tj['j:;,
..
" .--< ~ :;: ~ ~
[J) ![g, '" to> '" ~ 0
o.
-n "--
0 -- aZ
3 ,<C
a ",3
'" ~~
'" "-0
... 0-
.:-' ""
0"
E- o
'" m I
co
!a-
'"
0 t:?o'
0
0 ~![
~'z
,,-c
a~
,,~
00
!!>-
"
~~.
00
I ~ 6 0 ~ 6 ~ ~~~)II.II";J""~1i~:~J i.,!i, , , _
.If. 5:0 6 Z !I d V 000. ~O $ H Ol
'f U !iZ iZ 2 8 d 39YlSQd 's.n L Bi
~ ~'II....
--_~9p)/.
"
o
"
3'
.
~
'l101-tK10
~lll.~O
,,11
......
~ 1-'. CDrn
o rnl::l:n1rt
....1--0 1-+'-
~OlXlllO
~.... ::1
s. ~
cc"tll'\) (1)
. :J=l00l-'
3 Olll
"'g.1-l Crt
~--.J ::11-'-
~o rtO
I-' '<P
'" Ul
o
o
3
"
~
tT
'<
~
"
i
it
:0
;;
F
o
~
IJI
.. ~ ;:tiMe i:D iiI-l
- <DUI:::Ja.8;;j
:a ii1 ~8W~;! ~
o (C (/)O"1;;l:::!!!!.=
S' ~ co6'ii!!!.2 0..
_ g~[glll=g,~
"'V;r~3i~glll
CD S"a.!P =aag;
::J 3 rn0"3 o;! g
~B;.CDags.
g .....0 ~O'::;l <
!!. 0';; ~ -'J!:!!!.
3 ~=a.~ giji
~3~~%~(ij'
rnill':::!5"iDCDii
~ g~~1l.g-~.
"" Cot lD III IJI 2'"
1[0:"'~P~3:!.
~8~~;~g
aiii 3 "'J!I,IE!!!.
3'iiI~m~5;;:
g.cggPo..lt~
lIlg~~~W![
~:;a08"'l;1o'
lD~CD"1;;ICDiillIl
.ga3g;=a
~~ql!!.i:D~a:
g a-g W!!!.=~
~O~~~8~
58~lllCD~~
~3ij'"=<=~CD-
::l ~M[m.a8
g-Cn~(/)a ~ lif
am8~~glD
3::S-oQ"o!!!.[
!!tarO' 023
)>:3~i~f:l!l1.
"D;" ~~. a i g ~
;!s!!!.;;j::l5";;j
D.l:G CD ilg lD III
~~~m~~~
g-~~.~Cl g 3'
a!J~!;i ~ iir~
3::<:;lIllllXM_
l!!.!!!..CD63U1a
;::crt:lClc8m
~::~ ar3-g3
i ~lll ! ~.;~
g ~g.iiF~ iii]
rng~~~g~
~ ""0'"'0 ~ ~
-;;:.....i:Da:.....
~ -6';; 11 g
"&6'~6"~
~,~{;~""""""~~ r~ '!,~~_". ,_~,,'__, ,_
nl-'>-3 :Ilt->'O
lllWOl llll-'Ol
'11-'::S '10::S
I-'O>lll '11-'::S
.... P .... m
Ul 'Orr m!2l<
.........,-.. tJOI--'
Ol::Sm ~'1<1
- Ol~ '1rrlll
'- lQ::>'::s
'0::<10 - ....
:J=l00 '>;Illl
lllO '011
I-'A~ :J=l0:Il
.., '0 PO
o III I-'rr~
I-' ::s .., m
W IT 1--'-00.....
I-'rr::s
m Ol1lQ
Ol
Ol'>;l
rr....
::s
g
o
Ol
:t
Ol
::s
o
'<
::soaC!.l nC!.lw:J>'
lll' III Ill~"<
I-'OP 51...-00
::So A 'Orrl-'O
~ '< Ol
rrtd :r::Il'>;l
00 ...+>Ill....
tIl~"'. I-'W'1::S
o lQ I-'orrlll
rr"'.... N::S
rr"'O AO
o <I :2 lll....
9 III .... I-'lll
- 5 I-' Oll-'
'0 .... .., OC!.l
:J=l - 0 '10l
I-' c., ::: ~~
.., 11 Ol....
t-> -0
'" Ol
'" m
tIl""'l:J=lUl3:
'1 ","<11<: 0
III m::lUlUl'1
::s lll...<trt
ACiPQ=
0'10P9lll
::SPJOlUlUlQ
...::s ...... (1)
pC)
'>;I OlllHtrl
1-'::<JI1 UlP I-'
CJIO 0 Ol
WQ.::s. 0
W(1) 0'" rt
O1P 9 '1
1-'0 I-'t-'O
c><: P rtp
(1)001-'-
tIl Ol 0
I-' Ul
<I ~::<I
A 000l
'1()Q
Ol....
:nnUl
QUlrt
~o"
Ul'1lll
OlUlrt
::r' ....
01110
KiP
0.0.
I'
o
'"
G)
tIl:r:l-'tIl :Z:'OOO tIlOOtIlo trl<n8
11....00l lll. 010 Ol>-'OlO K.xD
lDtQ 0::S 11009 lll0ll>9 H4:l
::;:::r Ol 11. lll9 <I <l0l :e: III
m::;: tIl.... .... '10 OlW(l)Ul ocnp
rrlll~"'. UltllrtP 11 i!1rt Ortrtr
lD'<UlO 0'09::;:" - .... 01-'~
'1 ........ ~XOlOl [J]C1O OlUl
- t->::Slll 11 Plll "'rtO OHl-
t->Oll-' \Q~I-' :J:l'1~::O "'{D
Z Ul - '" rt OlPOl rtl-'
>< m 3: -.JO::r' 1-'(1)""'" '<
o '00Hl U<+<i III - :J=l
I-' n'1:J:l 0 0 rt <I
o Olrr :E;H, 0 .... 'tlO>
O1::SlQI-'Ol '" O:J:lP
o rt!l> -.J H1:l P ~
'D CDlQ I-l HiD 00 1-1(1)
'10l 0 lllP '"
'" '1P I-'
on OlUl I-'
110 '< -.J
1-'-11 .....
<1'0 <I
Ol III
P
....
III
.
~i
"'
1
.
"'"'1'-1, "
Z
m
3
m
m
i53:
>>0
W
"U _ Ula:l
:J: N..,:.m
S;:1iiilE
OO~
P:!~5~
"'1j~:X::;;;(i
~m",OQ
,PI\);::OZ
"-,- 00",">
~J(lO)>C:Z:
";~_. OO;::Q
~lil~i
.:< :r-.
~ ;
. .
00000 Q
m
n
~
'"
1il
!l.
3
~
5"[!IOOO
"'-6 CD OCD
iilafo~
a.; -< 8-
H
=;a.
~.
"
g
Q
~
;s.
~
DODD
(/);:tI;:tI;o
.g~~8
1I:3~a
ii~&8.
~H Ii'
~1l ~
3' 0' Cl
ti i
~ 3
~ "
f g
~
~~~~iI~:!t
c.r.....m-~~~x
jg,~ Q,~~ ~ se
;::o~~giQ,~ ~
.t~Q) ~m 2f 1ll"C
~.5.~-~ :t:
:::::.. !P CD
il
~...
"a
~~
i~
oc
"-0
<-
m"
-"
CC
o~
"-
o
C
~(\I
OUl
Om
oa
~
"0
$0
"Ul
$0
;CUl
o:t:
" "
$0
~"
m"
.XHIBIT
"B"
,
~~
ilii
i
r-ll '=T'~
9!J,1~1
~- - ., ,-
, ,~,' '," ,"c'
- ~'"~-, -'.-;','" ','" ,"
~.s
<0'
(')
c:
z
L1/"1'i
IT} fT~
L_..I,;
ZC
(/;: .
Ih
-'
~:
,-~--,,"
C)
(..,.:1
3:
)-:-
-<
I
,-""
- t.,,*
(')
'n
--t
T
"r::::;
T
...,;t
-,~' '-('
__ie)
-~ ~r
L. -rl
;:~~o
;~~m
~
'<
\')
'-v
U'l
(.J
_-oJ"."
~!'WiIpllj~1i!\Iii!I!!'M!!m~~ I ~_~,,.,.,....,., _,:1 -'!!~~cl",~"~~;w.;~~h~'1mP"--~,,;f.'!1",,mf"""'>'"";~~J,\l;J;:'\W!,~_,i!\Ij!fijlmlo/&iff:'-J'i'l!!faF4-"%>~'!'~"'l'~1'!ffI!li~j~~JiS~jlj~{fiij!,f,'
, .
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly L. Digiovanni
Cumberland County
Court of Common pleas
Number 01-3456 Civil Term
J
AFFIDAVIT OF SERVICE
I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in
the within matter, hereby certify that on the 29th DAY OF APRIL,
2003, a true and correct copy of the Notice of Sheriff's Sale of
Real Property was served on all pertinent lienholder (s) as set
forth in the Affidavit Pursuant to 3129 which is attached hereto as
Exhibit "Au.
Copies of the letter and certificate of mailing are also
attached hereto, made a part hereof and marked as Exhibit "B."
~~~~b,_m
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 29th DAY OF
APRIL, 2003.
J
NOTARY PUBLIC
~I
"~
, - - "-'~-:'~''''':'JI:Y'''': -"-'f,'. ~-,. -~/
'-," -.-- -"'_~-___"'-__' --'~;~-. ';-.' ;"1",_ ,e_,_._ :' _ _~ ." '
"-,---
",,,'," ~"'''''-~-- -'~""'<-'--'
"t' - _e_'~ ,--_''
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly L. Digiovanni
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number 01-3456 civil Term
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the
above action, set forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the
real property located at 1318 pine Road, Carlisle, PA 17013, a
copy of the description of said property is attached hereto and
marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s) :
Name Address
Holly L. Digiovanni 1318 Pine Road,
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
Name Address
Holly L. Digiovanni 1318 pine Road,
Carlisle, PA 17013
3 . Name
whose judgment
Name
and last known address of every judgment creditor
is a record lien on the real property to be sold:
Address
Beneficial Mortgage Corp
100 Business Center Drive
Highway 22
Brewster, NY 10509
Mortgage Electronic Registration
Systems, Inc., its successors and
Assigns, as nominee for Household
Finance Corp. 636 Grand Regency Blvd
Brandon, Fl 33510
Avco Financial Services,
Sandy Digiovanni,Jr.
4.
mortgage
Name an~I.B!:~
of recor~~~ 11-
Name
~'"F''~'-~''' - - _"O_'~',~_;?,_'_, "'T",--,-~""'';'-'-T:'' 'T'-'i,- "'-"'~"_'~ '-"'~ '-. "'"' __'_~F -,,-, < o,t"""_,.", _, __ ._,.'~ ',_ _ ,.
3401 Hartzdale Drive,
Suite 130,
Camp Hill, PA 17011
P.O. Box 33
Walnut Bottom, PA 17266
f~~ecorded holder of every
Address
- ~",. -"-~.~--'
-,,"'^", ""-
~~
Iu. t+
I ~ I ~ \ ~ I ~ I ~ f ~~t'1-~
-0 r"-! ~ ~ ~ ~I ~ ~
en !~ ~ '" ~ 0
-n 0.-
0. - crZ
3 ~o
a 003
Co> ..cr
o~
co 0.0
"'" m:;;
.:-' or
)> ~
" "I
<0
"
!a.
'"
0 "0'
0
0 h
~'z
o.e
aa-
,,~
00
.~
-"
~."
~ ~
"
~
~
~
"
;fntt;lno
~Il>' [:if>
~ ~.orr~
~,,- lDen
0. mt:dlirt
....1-01-+-'.
~lDXIl>O
..- ::1
~ =
~ tOf'V (1)
~ :'-0()/-'
"It Oil>
o t-l ~rt
~ -J ::s......
~o rta
.... '<::1
'" en
o
o
3
"
~
~
~
"
CD
fi
~
S'
:0
5'
1"
o
~
GI _
!t gQl*g~iil;!
- < . 0.8 ro
""G ~~g~a;:J 2'
o II 0'0 g rJ> =
:r III lSa- ii! !l!.~ a.
_ gPl3 <II =g.~
'1J s-m 3 s:.~;:I g.
ctJ lilB-JD g,~a~
~ ~f8[~~gg
g:J\):J a..".,:J a
iil ~sqp~~ gi
-!;l!l!.:::l30c
~.38~~~~'
~ ~~ ~16- ~Z
~g~o::'!2..oc
Si.<t>!I' ~ 1II gill"
;:a5q~~~~
III 8 CD _'g:J ::J
a.ii3~...lif!l!.
~~~gg~g:
g. CD ~. 0.<1> 3
ig~.~~~m.
-'::I m j<-_.
~ If.g~~ ~
II> iil3 ~ -'lII a.
~a.:lii::J;;::::;.
,,<<:{JJJ!-mm$"
~~~~:~~
"<<: o III ;; (fg <::.
S"O~81n~g
~~1ii~~~!e.
5. _.ER_.(f>....~
<l> ~tlu.;aiil iii"
am "0 III "'C 8 11>
CD 8< 2::> ii!
ir S' r;' I;) !!l.. a.
~~g'~8~~
~~~.~ ~ g:;
5.~ g~5 i7j"ffi
fe~~~:Ei~
5.~~;i$S~'
~~P~3~.c
::Jg'ij1ll><I>3
ilflii CD:J !S.ms'
=::;;&!il~gg.
mg~ii>3al3
i~~ ~ [,;~
o S"8'=~ iir-g
~g~~~gQ1
EXH I [j1ti B
Or'>-l :xltv'<1 :g'<100 ornw:.-
Il>WlD ll>r'lD Il>' Il> Il>~"'<:
1ir'::1 Ii Os 1-'0::1 S"-OO
1-'<X>1l> lir' ::1' Po '0 rtr'O
,,- ::l ,,- rn ~ '< lD
rn '<1rt rn2K rtlIl :xl :xl"'J
I-'''~ 0'01-' 00 t-'''f-I~'''''
lD::lrn ~Ii<: 1Il~"- I-'wli::l
- lD- lirt~ o <.Q ......ortPl
"- <.QP' rtWI->- N::l
'U:uO - ,,- rtWO PoO
il"oo "'J1l> ~ <: '0 Il>"-
1l>0 '<11i III il" I-'Il>
r'Po~ il"0:xl - S lDl-'
-J'O ::l0 r'
0 Il> >-'rt~ '0 ,,- -J 000
r' ::l -J rn :x- 0 lill>
W rt 1--1(/)1->- r' ~-~
r'rt::l >-' <-< r'
rn OIi<.Q -J Ii lD"-
lD '" - 0
lD"'J '" lD
rt,,- '" en
::l
Il>
::l
0
Il>
il"
<.Q
lD
::l
o
'<
1Il""'l:X-rn:S:
Ii W\"<Ik: 0
Il>~enenli
::l Il>,,<trt
Po=lD<.Q
OIiO::1SIll
::lll>lDrnU>Q
.. !j ...... m
pO
"'J 01l>Ht>:1
I-':ulien ::11-'
aro OlD
(,.tQ'::1'0
W(1) 0'" IT
111::l S Ii
t-"() I->+-'O
0<: ::1 rt::1
(l)UlI-'-
III lD 0
I-' en
<: ~:u
Po OOlD
liaQ
lD"-
:xlenen
Oenrt
':Oli
rnlilll
lDenrt
P' ,,-
01l>0
>-P::>
00.
Z
ID
3
..
.
il.:!:
>0
~
." _ fIlDll
% ~ .,;.m
-<O>iiiiJE
s;:"'~
00-
m",c:
!t;S-i!_~
ii?m",O(jf
.....i\);OZ
""""00",,">
~$:"")><=:Z:
-'. 00-0
f';" ",6n
'i~ m~1
~ ~
;v ...
p ~
O<l 1Il<l1Il
,,-. .:. lD
<Q Ii ::1
,,- ;.;- lD
0 :or
<l 0
Il> f-'
::1 Po
::1 lD
,,- Ii
0
...
Gl
1Il:xlr'1Il :xl'<1tXl
1i"-OlD Il>' lDO
lD<.QO::l IiOcH:l
";:P' lD Ii' Il>~
en";:lIll-11 ,,- 1i0
rtll> ~ ,,- enlIlrt::>
lD,<rno t1O~,,"
Ii ,,",,- ':XlDlD
- "'::lll> Ii ::11l>
tv(1)....... t.Qt\X't......
~ ~:s: - ~g.
o 'Ul1ti>
r' Oli:'- 0
o lD rt :SH>
111 ::l<.Q .... lD
o rt~ .....J ~
IV lD<.Q I-' HiD
IilD 0 1l>::1
'" Ii::>
on lDen
1i0 '<
1->-'1 f-I
<:'0 <:
lD Il>
::1
,,-
III
DOfJOO ()
"
..
aw~g~ 0
~
t: 'Q;f 0 a '"
n;: i CD i5' u
Colli.:::! Co ..
= ~ ,:c) S.
. 0 3
lDl-'lDO I-<AXD ; =::J
= ~
1l>0l>!'l ~j 3
<: <llD . ~
=
lDUXDen orn::1 0 ~
,
Ii ;t< rt Ortrt <
- ,,- P.\"~ " ~.
0000 mUli
:ilrtg :u (')I-1T-'"\ DODO
"<D .
~::1lD rtl-' (/):::tI:::tI:::t:l
f-'(I)rtf-' '< ~~~8
c.r;+::1l>-:'- i ~3~a
o rt <: ) iil$'~~
0 ,,- 'OlD &''' <:>
. .
IV 0 :'-::1 .." ~
::1 .: 30- -<
'" I-'lD . "
=s: ~
'" o . ,
, 0 ~
I-' , 3
.
r' I , .
~ 0'
-J 0"
. ,
~
I,ll'. g~,,)>
lag -a~~Oj' ~
;ai3mlll~~ x
ig,Q)g,&iiic..j;2
If" ~~8'g,2i ~
~Q) g[~ II> U
~&.::: 3' I
I "'"
- iil
-~l I I I ~J>
,,~
~o
I CID
i I a<
! I g:!!!.
; ..e
~..
I I I I I <-
I ~ffi
I CO
I CD.
! 0.
I I 0
e
;:l;\D
()u>
0"
I I oil.
I ~
"0
",60~6~ f;:("'ljillJr.f.IF"'i1r8}:~f ~()
I L'TH +-
",fO 6Z lld\! 000' ZOOs HOl "00
~()
"USZfZZ8d ---
:l9YlSQd .S'O ~BL ;roo
~ ~',-\' A " i ..:!:
---~'.",^ o? -t- -n"
~o ,
-, ",'
" I I l~~ I
, I ,
;.~ITl, _
."
.,.~ ~" ~~--~-
,1-
-
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly L. Digiovanni
Cumberland County
Court of Common Pleas
Number 01-3456 civil Term
DATE: April 29, 2003
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S) : Holly L. Digiovanni
PROPERTY: 1318 pine Road, Carlisle, PA 17013
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the
Sheriff's Sale on JUNE 11, 2003 at 10:00 a.m. .in the
Commissioner's Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
pennsyl vania 17013. Our records indicate that you may hold an
interest in the property which will 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 filed thereto within 10 days after the filing of the
schedule.
EXHIBIT "B"
;:'tJs;--
.. ----"~_','vi?,~,I'4';'f""'i!''', .-0, ',_-,-,_-_~_ r'
"--"-?'. -"-,',-f;'W!-I"~"_"'':',,- ~--'"
"'-'.'.' , ,- r', ,,' - ~~_," ,'J,', '^,'C,?_" -~<~-,_~". __~,__"'_"i ,__=~_
0','''-'-'.--- '~oH"_' ,. '" ,_" ~
Beneficial Mortgage Corp
100 Business Center Drive
Highway 22
Brewster, NY 10509
Mortgage Electronic Registration
Systems, Inc., its successors and
Assigns, as nominee for Household
Finance Corp. 636 Grand Regency Blvd
Brandon, Fl 33510
Pennsylvania Housing
Finance Agency
2101 North Front Street
Harrisburg, PA 17110
5. Name and address of every other person who has any
record interest in or record lien on the property and whose
interest may be affected by the sale:
Name Address
None.
6 . Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
Name Address
Tenant(s)/Occupant(s)
1318 Pine Road,
Carlisle, PA 17013
Domestic Relations
Cumberland County
P.O. Box 320
Carlisle, PA 17015
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
June 9, 2003
r\
--.:J .
TERREN E J. McCABE, ESQUIRE
Attorney for Plaintiff
DATE
EXHIBIT '~"
,~,,,,,,:,,,,"; ,,~^'--- , ... -'-?"{-\t'2~"0",';
--.-"<>,,
V,_.-" , , ,__
'-,,- -,-<"~_'~::'~""-''''_'':::'-,:_''-;11~'",!" '
. -,,",',
'- ~'m'" " _
0<""-;"'" ''''1
-, "- , "."". ," - ~. ,
,- ~ .
'"
I
h' .,'_~ _
.""'".' "".-".""'"
=--~
Y,'
() CJ 0
C W -"
$:'. ~-
<'} ....on. c:= ~
fTlrn :.r:
c'O 7: ~~'.'l H~
2.: ,
(j) '-" rv
". ~
-""
r.: n -0 ',i
~~ "
""" M;'" (')
~ , .
~ (~..~ r;? ~5 ITl
;L' C~ --,
2:' "1>
CD
-. Iv -<
""-
-~- = ,'-" .~'~
'c __~}~~~TIlIT'!tt_ -"-c.,--,-""...,.,-"~.
~~;'':'-~''"''~'
7:-,. ',_~,""
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND } SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Mortgage Electronics Reg svstems Inc is the grantee the same having been
sold to said grantee on the II th day of June A.D., 2003, under and by virtue of a writ Execution issued
on the 11th day of March, A.D., 2003, out of the Court of Common Pleas of said County as of Civil
Term, 2001 NUlnber 3456, at the suit of Mortgage electronic Reg svstems Inc Nominee for Household
Fin Copr against Hollv L Digiovanni is duly recorded in Sheriffs Deed Book No. 259. Page 1658.
IN TESTIMONY WHEREOF, I have hereunto set my hand
I '1 -tk-.
and seal of said office this
~:bwJJ.4-, A.D. 2003
day of
My
r rofDeeds
e:::====-
1(L,,,,,__~ -'
"G"
-
, ~
r-
- ., , ,.:'-'
Mortgage Electronic Registration Systems
Inc., its successors and assigns, as nominee
For Household Finance Corp.
VS
HoIly L. DiGiovanni
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-3456 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the within Real Estate Writ, Notice and Description upon the within named
defendant, Holly L. DiGiovanni, in the following manner: The Sheriff mailed a copy of
the pendency of the action by certified mail, return receipt requested, restricted delivery,
deliver to addressee only, to the last know address of the defendant, 714 N. Juanita Ave.,
#A, Redondo Beach, CA 90277-2226. This letter was mailed under the date of April 2,
2003. Return receipt card was signed by defendant, Holly L. DiGiovanni on an unknown
date (date was not written on card) and returned to the Cumberland County Sheriffs
Office.
Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on
April 07, 2003 at I :57 o'clock P.M., she posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
HoIly L. Digiovanni located at 1318 Pine Road, Carlisle, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: Holly L. DiGiovanni, by regular mail to her last known
address of714 N. Juanita Ave., #A, Redondo Beach, CA 90277-2226. This letter was
mailed under the date of April 16, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on June 11,2003 at 10:00 o'clock A.M. He sold the same for the
sum of $1.00 to Attorney Terrence McCabe for Mortgage Electronics Registration
Systems, Inc. It being the highest bid and best price received for the same, Mortgage
Electronics Registration Systems, Inc. of 636 Grand Regency Blvd., Brandon, FL 33510,
being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $679.37.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
-"J~,"~.
^ "~-,- ,--, ~ ,'"
, .
$30.00
13.32
15.00
15.00
30.00
10.00
1.00
11.04
".-- [-
_'0
.=>-~-'
Certified Mail
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
7.92
15.00
20.00
232.85
188.50
25.24
25.00
39.50
$ 679.37
Sworn and subscribed to before me
a> ~
Tms~d~of
2003, A.D. ~ () ~, I.lIf
Prothonotary
-''')!~1ij!,'ff~~ ,." ,,~,.,', ,~__",_.
- ~ '~ -
So ~)lf~
r~".~~~~
R. Thomas Kline, Sheriff
BY \J6c0V~
Real Estate ifrePuty
~~
3t!.JO ~
loV
. tk4jqJ-Dt
~, I'IJ- 'fl.'!
'-,0,
~>
-~-
}
"
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE '"
Identification Number 16496 .
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly L. Digiovanni
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number 01-3456 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the
above action, set forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the
real property located at 1318 Pine Road, Carlisle, PA 17013, a
copy of the description of said property is attached hereto and
marked Exhibi t "A."
l. Name and address of Owner(s) or Reputed Owner (s) :
Name Address
Holly L. Digiovanni 1318 Pine Road,
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
Name Address
Holly L. Digiovanni 1318 Pine Road,
Carlisle, PA 17013
3 . Name
whose judgment
Name
and last known address of every judgment creditor
is a record lien on the real property to be sold:
Address
Plaintiff herein.
Avco Financial Services,
Sandy Digiovanni, Jr.
4.
mortgage
Name and address
of record:
Name
of the last recorded holder of every
Address
Plaintiff herein.
Pennsylvania Housing
Finance Agency "
Ameriquest Mortgage
~;C?rl"! ru,
",_0.
- ~,
3401 Hartzdale Drive,
Suite 130,
Camp Hill, PA 17011
P.O. Box 33
Walnut Bottom, PA 17266
2101 North Front Street,
Harrisburg, PA 17110
Address to be supplied
~_"l
~"
5. Name and address of every other
record interest in or record lien on the
interest may be affected by the sale:
Name
person who has any
property and whose
Address
None.
6. Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
Name Address
Tenant (s)/Occupant (s)
1318 pine Road,
Carlisle, PA 17013
Domestic Relations
Cumberland County
P.O. Box 320
Carlisle, PA 17015
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
March 6, 2003
~~1tfh ~ ESQUm
Attorney for Plaintiff
DATE
\.
" <',~', -";' - ,~
, .~
.,-,
LEGAL DESCRtPTION
#
ALL THAT CERTAIN 'mAC'l' 01' IJ\ND SITUATlil IN DICKINSON' 'l'ONNSHIP I CllMBEBLAND COUNTY, PENNSXLVANIA,
lIOllI!: P1\R'l'ICULllllLY BOUNIlJill) AND DJ;lSClUBED AS FOu.ows:
BEGDINING M A PODlT IN THE CENTER OF THE PINE ROl\D W1UCH POINT WAS FORMICIlLY "Ill!: NORrIlWlilS'l' COIlNER
OF LANDS OF !mLVIN H. MILLER Wlf.[CH WAS c:<lN\'nED TO WILLIAM W. DllEISBlICH IN CUMBERLllNP COUN'l'Y DEED
BOOK X, VOLtIMII: 19, PAGE 111.; THENCE BY 'l'Hm CENTER OF THE SAID PINE R01\D NORm 67.5 DEGBElilS 00
lotDlUftS 00 SECOlUlS BAST 100 li'EET rro A pOmT IN 'rHm CEl'ffER QF 'lHE SAID PDm ROAD; '!'HENCE BY 0'l'Hlm.
LANDS NOW OR rORMJilRLY or mLLIAM W'. DREISBACH, E'l' ALl SOUTH 22.5 DEGREES 00 MINUTES 00 SECONDS
EAS'l' 200 FEl!:T '!OO A POJ:N'l'; THENCIC BY 0TfIftlR I...ANDS NOW OR FORh!EBLY <<?F WILltIAM W. DBEISBACH, ET AI.,
SOUTH 67.5 DIlGaDS 00 lfiNUTES 00 SECONDS WEST 100 F.t2T TO A POnrr; THENCii: BY OTHER 1300)$ NOW OR
FOadIIlRLY OF WILLJ:AM W. DU:ISBACH, ET AL, NORTH 22.5 DEGREES 00 MINUTES 00 SECONDS WEST 100 nET
TO A POIN'!' IN '1'HB: CIilN'l'mR OF THE PDIE ROAD, THm PLACIil: 01' BEGINNING.
Parcel ID # 08-12-0334-037
Being Known As: 1318 Pine Road, Carlisle, PA 17013.
EXHIBIT '/Ji'
JII, _ '''''"' _ .~
>-~, .-,~-<" . - ,~. -,
~
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496 .
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for plaintiff
Mortgage Electronic Registration
Systems, Inc., its successors and
assigns, as nominee for Household
Finance Corp.
v.
Holly L. Digiovanni
Cumberland County
Court of Common Pleas
Number 01-3456 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Holly L. Digiovanni
1318 Pine Road,
Carlisle, PA 17013
Your house (real estate) at 1318 pine Road, Carlisle, PA
17013, (more fully described as attached) is scheduled to be sold
at Sheriff's Sale on JUNE 11, 2003, at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013, to enforce the court judgment of $75,908.61
obtained by Mortgage Electronic Registration Systems, Inc., its
successors and assigns, as nominee for Household Finance
Corp.
against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to Mortgage
Electronic Registration Systems, Inc., its successors
and assigns, as nominee for Household Finance Corp. the
back payments, late charges, costs, and reasonable
attorney's fees due. To find out how much you must pay,
you may call Terrence J. McCabe, Esquire at (215) 790-
1010.
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.
7~\_~_ ':""'_"__ .ry_-,
_~ ,~J'"c "
"--
r"
..
,
V(L_
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See the following notice 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 Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid
by calling Terrence J. McCabe, Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the sale
if the bid price was grossly inadequate compared to the value
of your property.
3. The sale will go through only if the buyer pays the Sheriff
the full amount due on the sale. To find out if this has
happened, you may call Terrence J. McCabe, Esquire at (215)
790-1010.
4. If the amount due from the buyer is not paid to the Sheriff,
you will remain the owner of the property as if the sale never
happened.
5. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed
to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
6. 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 filed thereto within 10 days
after the filing of the schedule.
7. You may also have other rights and defenses, or ways of
getting your real estate 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.
LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
OR
CUMBERLAND COUNTY
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
~, ,
.".n "F
LEGAL DESCRIPTION
;
AIiL THAT CERTAIN T.RACT OF LAND SZTUME IN DICKINSON TCJNNSHIP 1 CUMBEB.LNm COUlllTY, PirnNsn.~1
Wll1lI!: PAI<rXCULlIRLY BOIlNDED J\ND DIllSCRmED AS FOLLOlIS:
BE",J.$.liiJ:hG AT A POINT IN THE CElilTER OF ~ PDlE ROAD WHICH POINT WAS FOlUBBLY THIi: lllORTHWEST CORNER
or LlINllS or !OBlLVJ:N H. KILLER wmCH WAS CONVEYED TO w:rLLD\14 W. DREXSBl\CH :IN C1.IMBERLl\ND COUNTY DlllED
BooK X, VOLllllll;m 19 t PAGE 111; THli:Ncm BY THlI: CENTER OF !mE. SAID PINE :R01U) NORTH 67.5 DEGSEES 00
KD1UTES 00 SECONDS EAS'l' 100 JrEET TO A POIN'r :IN THE CENTER or THE SlID) PINE ROllD; THENCE BY arHER
LARDS NCIW OR FOBME!<<.Y 01' WILLUM: W. DREISBACH I ET AIr, SOUTH 22.5 DEGREES 00 NINt.JTJ:s 00 SECONDS
EAS'1' 200 FEET ~ A POJ:1irf"i 'l'HENCE BY OTHER LAlIDS 'NOW OR FORMERLY OF WlLl;..J:AM W. DREISBACff, :&:'1' AL,
sOUTH 67.5 DEGREES 00 MINlI"l'E$ 00 SECONDS WEST 100 li'EE.T ro A PO:rN'l'i THlmCli: BY 0'1'HER LANDS Notf OR
J'OIilYIIRLy OF WILLI:A1( W. DREISBACH, ET AL, NORTH 22.5 DEGREEfi 00 MtNu1'E:s 00 SECONDS WEST 100 ftmT
"1'0 A POINT IN THIC CiCNTJeR 01' !1'HE PDlE ROAD, THE PLACJi: Oli' BlilGD1N:tNG.
Parcel ID # 08-12-0334-037
Being Known As: 1318 Pine Road, Carlisle, PA 17013.
Of:".~ _ ~
", "-
" .
, "
-~, --
, - -~
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLV ANIAJ
COUNTY OF CUMBERLAND)
NO 01-3456 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., ITS SUCCESSORS AND ASSIGNS, AS NOMINEE FOR HOUSEHOLD
FINANCE CORP., Plaintiff (s)
From HOLLY L. DIGIOVANNI, 1318 PINE ROAD, CARLISLE, P A 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attaclunent has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) [fproperty of the defendant(s) not levied upon an subject to attaclunent is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $75,908.61 L.L.
Interest FROM 9/1/01 - 6/11/03 $8,080;56 AT 12.47 PER DIEM
Atty's Corum % Due Prothy $1.00
Atty Paid $730.28
Plaintiff Paid
Other Costs
Date: MARCH 11, 2003
CURTIS R. LONG
(Seal)
Prothonotary
-.!iY: 4,,'-"'-1 -f! '?fAA~Y:J
Deputy
REQUESTING PARTY:
Name TERRENCE J. MCCABE, ESQIDRE
Address: 123 S. BROAD STREET, SIDTE 2080
PHILADELPHIA, P119109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ill No. 16496
:-~+~~r,:li~~ ".., ~<_
,"
~, ~~
.-
;!!
-
. ~
Real Estate Sale # 44
On March 13,2003 the sherifflevied upon the
defendant's interest in the real property situated in
Dickinson Township, Cumberland County, P A
known and numbered as 1318 Pine Road,
Carlisle, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: March 13,2003
By:Je~~
Real Estate Deputy
~
~
~
~
-;".
:i!-.
""",*~~2~~'!lm~~~!!!'l'~~~}"'Wl'.'ijW')';<I!:"""'M~JiI~fR""'!W~-"""~YI'!"T,-; -f",W;,.;;.,~-";o""""";","-i',~-.j--'^'f"-'--"--;"j""'e",~,~Vhj~t-'l;,:~"W~'-,~_'f'ij'\"'q''-:~_'':''''''-'j'-<;1'f\,''W'i",'--!'Jij!';1'Hi':f5;lH:~'@!~~'
.,
THE PATRIOT NEWS
SUNDA Y PATRIOT NEWS
r
THE
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
JOSEPH A, DENNISON being duly sworn according to Jaw, deposes and says: That he is the Ass!.
Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonweaith of
Pennsyivania, 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 circuiation, 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, respectiveiy, and all have been continuously pubiished 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 22nd and 29th day(s) of April and the 6th
day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or
advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockhoiders and board of directors of the said Company and subsequently duiy recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COpy
SALE #44
jworn to and subscri e be re
Notarial Se ,
" Teny L Russell. Notary Pub!"" "
City Of Harnsburg. Dauphin County
My Commission Expires June 6, 2006
Member, PennsYfvani.3 Association Of Notari
.-:1 ~ -------
........(;:J....~
.D.
REAL ESTATE SALE No, 44
'.Wrll No, 2001-3456
","","". Civil Term
. 'Mortgage Electronic
Registration Systems, Inc.,
. Its successors and
. ,Assigns, as nominee
,for Household Finance Corp.
" , vs
,,"'Holly L. Digiovanni
, Aity: Terrence M.cCabe
DESCRIP)'lON
ALL tftAT CERTAIN tract of Jan'd situate in
Dickinson Town- shit<'Cumberland County:
Fennsylvimif), more parucularly bounded an(l
described as-follows:
" BEGINNING at a point in the center of the
Pine Road which point was formerly the
Northwest comer of lands of Melvin H. Miller
which ",(as conveyed 10 William W. Dreisbach
in Cum'berland County, Deed Book X, Volume
t9, Pagifl11; thence by the center 0;' the said
Pine R?Jll :N-9rtlt.67,~_4eg~ee~ (]Q mmllte,))O._!, Publl'sher's Recel'pt for Advert,'s,'ng Cost
,seconds"East JOO feet to apoint irttbe center ot '
'thesaidPineRoad;thenct:byotherlandsnow bl' h f Th Pt' t N d Th S d P tOt Nfl
Q! fonnerly of William w~ Dreisbach, et aI, ,pU ($ er 0 e a no - ews an e un av a no - ews, newspapers 0 genera
(So'uth72;SdegrecsOOminutesOQsecondsEast -a receipt of the aforesaid notice and publication costs and certifies that the same have
1_ 'Zoo feet to a point; thence by other Jands now
Lor fo"rmerly of William W. Dreisbach, et at,
Si:mth., ,67 ,5 'degrc~ 00 minutes 00 secondll
We<it IOO feet to a p'6illt: thence bvother lallds
now or formerlY of William W. Dreisbach, et
1 aI, NoM 225 degreei\m minutes GO seconds
, West 100 feet to a poinUn [he center of the .
Pine Road, the place of BEOJNi'\ING.
PARCELID NO", 01" 12.(JlJI-037.
])ElNG KNOWN AS: 1318 Pille- Road." I...
Carlisle,PA 17013.
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)
Totai
$
$
$
186.75
1.75
188.50
By............................................................. 0......
, ,
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND JLA W JOURNAL
(Under ActNa. 587, approved May 16,1929), P. L.l784
STATE OF PENNSYLVANIA :
ss.
I
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editar afthe Cumberland Law Jaurnal, afthe Caunty and
State afaresaid, being duly sworn, accarding to law, deposes and says that the Cumberland Law
Jaurnal, 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 caurts"as the official legal
periadical for the publicatian of all legal notices, and has, since January 2, 1952, been regnlarly
issued weekly in the said Caunty, and that the printed notice or publicatian attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal an the fallawing dates,
V1Z:
APRIL 25, MAY 2, 9, 2003
Affiant further deposes that he is autharized to verifY this statement by the Cumberland
Law Jaurnal, a legal periodical af 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 publicatian are true.
".- ~.~~-----
SWORN" TO AND SUBSCRIBED before me this
---2_dayof MAY. 2003
~;
- s
\ NO. ~" ......'" ~...'lc "
lOlS E. SNYDeR, "u_, r-y,," :
Carlisle 1lcIO. cumllali:md coun i
. M'fcor~ Expl;oo M2!d15. ~ ,
::.., --
REAL ESTATE SALE NO. 44
('J-
<2r
Writ No. 2001-3456 Civil
Mortgage Electronic Registration
Systems. Inc.. its successors and
assigns. as nominee for
Household Finance Corp.
VS.
HoUy L. Digiovanni
Atty.: Terrence McCabe
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land
situate in Dickinson Tovmship. Cum-
berland County. Pennsylvania. more
particularly bounded and described
as follows:
BEGINNING at a point in the cen-
ter of the Pine Road which pOint was
formerly the northwest corner of
lands of Melvin H. Miller which was
conveyed to William W. Dreisbach
in Cumberland County Deed Book
-- x;"-Volume-o;,T~ Page =Trl; -thence-"by-~,
the center of the said Pine Road
North 67.5 degrees 00 minutes 00
secODc1s East 100 feet to a point in
the center of the said Pine Road;
thence by other lands now or for-
merly of William W. Dreisbach. et
al. South 22.5 degrees 00 minutes
00 seconds East 200 feet to a point:
thence by other lands now or for-
merly of William W. Dreisbach. et i
aI. South 67.5 degrees 00 minutes
00 seconds West 100 feet to a point;
thence by other lands now or for- I
merly of William W. Dreisbach. et
81. North 22.5 degt"ees 00 minutes
00 seconds West 100 feet to a point
in the center of the Pine Road. the
place of BegJnnJng.
Parcei ID #08-12"0334"037.
Being Known As: 1318 Pine Road.
Carlisle, PA 17013.