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HomeMy WebLinkAbout01-04014FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION 7105 CORPORATE DRIVE PTX-B35 PLANO, TX 72024-3632 V. Plaintiff TERM NO.0 t - 410/'y C IV.-C?0 CUMBERLAND COUNTY RODNEY A. ASH 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Loan #: 7776029 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION 7105 CORPORATE DRIVE PTX-1335 PLANO, TX 72024-3632 2. The name(s) and last known address(es) of the Defendant(s) are: RODNEY A. ASH 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 5/3/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BROADVIEW MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1134, Page 1027. By Assignment of Mortgage recorded 9/1/93 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 453, Page 205. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 2/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." 6. The following amounts are due on the mortgage: Principal Balance $63,944.71 Interest 1,669.80 1/1/01 through 511101 (Per Diem $13.80) Attorney's Fees 3,182.00 Cumulative Late Charges 115.72 5/3/93 to 511101 Cost of Suit and Title Search 550.00 Subtotal $69,462.23 Escrow Credit 0.00 Deficit 157.31 Subtotal 157.31 TOTAL $69,619.54 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $69,619.54, together with interest from 5%1/01 at the rate of $13.80 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ECountry dde° HOME LOANS Send Correspondence W- Send Payments to: P.O. Box 40221 P.O. BOX 660694 Van Nuys, CA 91410-0221 Dallas, TX 752660594 Certified Mail No. April 3, 2001 Return Receipt Requested Regular Mail Rodney A Ash 33 Bayberry Or Mechanicsburg, PA 17050-3185 Account No.: 7776029 Property Address: 33 Bayberry Or Mechanicsburg, PA 17050-3185 Current Service: Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Is an official notice that the mortadge on your home Is In oefauh, and the lender intends to foreclose Specific Information about the nature of the default Is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able to help to save your home. This Notice explains how the program works. To see If HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency This Notice contains important legal Information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help answer them. You may also want to contact an attorney In your area. The local bar association may be able to help you find a lawyer. - LA NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA. PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENOE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO FOR EL PROGRAMA LLAMADO -HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A ftEDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1993 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE *NNSYLVANIA HOUSING FINANCE AGENCY. Please wales your account number on as checks and wlmspondenm. Rodney A Ash 7776029-6 33 Bayberry or A WW. MW nWW h R) 01 W d pWNreArrmNpapreMecyprdfreba YMk by W. BRFACHRA Country ae° HOME LOANS P.O. Box 660694 Dallas, TX 75266-0694 Iluslrlrlurlrlsllnsllrrlluullnlrlnslullrlurlulnlrll BREACHPA WM200D $2,629.79 AS OF May 8, 2001 EXHIBI 'A 777602960002629790262979 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporaryistay of foreclosure on your mortgage for thirty-five (35) days from the date of this Notice. During that time you must at nge and attend a "face-to- face" meeting with one of the consumer credit counseling agencies listed at the end of t Notice. THIS MEETING CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty-five (35) days after the date of this to-face meeting. Advise your tender immediately of your necessary to schedule one face- APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assista'Ice from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-five (35) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of cis decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (d you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT - Countrywide Nome Loans Servlcinu LP (hereinafter 'Countrywide") services your home loan Your home ban is in serious defauft because you have not made your required payments The total amount now required to reinstate your home ban as of the date of this letter is as follows. Monmy Payments 563600 $2.50600 Late Charges $3393 $67.86 Omer Charges Uncollected Late Charges' S1393 Uncollected Costs $40,00 TOTAL DUE: $2,629.79 PAYMENT INSTRUCTIONS Please Make your check payable to CoUnt"kee Home tons wide your roan number on your check or money order write In any additional amounts you are including. (if tonal IS more than $5000, please send cemfied check.) Don't attach your check to the payment coupon Donn include cortemondence Don't send cash it I C' Payments: All paymentswil be applied to the longest outstanding Installment due, unless otherwise expressly prohibited bylaw. I. H'BITA Addmontl amounts. If you torn specify the purpose of additional amounts Included, we will apply them first be any outstanding paymenta escrow deficiencies, Into Charges and/or fees due. We will then apply any remaining amounts as a pMdpal reduction. If you submit an minimal principal payment with your home ban payment, Countrywide will met apply, your home loan payment, then the addRional principal payment. Your ban most be mumt before we can apply any principal reduction. HOW TO CURE THE DEFAULT -You may cure this default within THIRTY-FIVE (35) DAYS of the date of this letter, by paying to us the above amount of $2,629.79, plus any additional monthly payments, late charges, fees and other applicable charges which may fall due during this periotl. Such payment must be in the form of certified check, cashier's check or money order, and made payable to Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. If your check or other payment is returned to us for insufficient funds or for any other reason, you will not have cured your default. No extension of time to cure will be granted due to a returned payment. If you d0 not cure this default within THIRTY-FIVE (35) DAYS, we will accelerate the payments due on your home loan. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off your home loan in monthly installments. If the full payment of the amount in default is not made within THIRTY-FIVE (35) DAYS, we also intend to Immediately start a lawsuit to foreclose on your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - if the mortgage is foreclosed the mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the default is cured before we begin legal proceedings, Countrywide will be entitled to collect the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started Countrywide will be entitled to collect the reasonable attorney's fees even If they are over $50.00. Any attorney's fees will be added to the secured debt, which may also Include our reasonable costs. It you cure the default within the THIRTY-FIVE (35) DAY period, you wilt not be required to pay attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NOW EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO FORECLOSURE SALE - If you have not cured the default within the THIRTY-FIVE (35) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the foreclosure sale. You may do so by paying the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected. with the foreclosure sale and any other costs connected with the foreclosure sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default In the manner set forth In this notice will restore your mortgage to the same posRlon as R you had never defaulted. EARLIEST POSSIBLE FORECLOSURE SALE DATE - It is estimated that the earliest date that a foreclosure sale could be held would be approximately six (6) months from the date of this letter. A notice of the date Of the foreclosure sale will be sent to you before the sale. You may find out at any time exactly what the required payment will be by calling us at the following number: 1-500-668-6654. This payment must be in the ton of a cashier's check, certified check or money order and made payable to us at the address stated above. 11 the default i5 cured the mortgage will be restored to the same position as lt no default had occurred. However, the default may not be cured more than three (3) times in any calendar year. HOW 7 CONTACT THE LENDER: Name of Lender Countrywide Home Loans Servicing LP Address '. P. O. Box 10121 Van Nuys. CA 91410-Ml Phone Number: 1.600-669.6654 Fax Number: 1-605.5773432 Contact Person Melanie Carrillo. MS SV-94 Attention: Loan Counselor EFFECT OF FORECLOSURE SALE - You should realize that a foreclosure sale will end your ownership of the mortgaged property and your right to remain in h. 11 you continue to live in the property after the Sheriff's sale. a lawsuit to remove You and your furnishings and other belongings could be started by Countrywide at any time. ASSUMPTION OF MORTGAGE - Contact Countrywide Home Loans for information on the possible assumability of your loan. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Pursuant to your horn pan documents, and because the home loan is in default, Countrywide may, at its option, enter upon and conduct an.I spection of the property. The purpose of this Inspection is to observe the physical condition of the property, to verify that the property Is occupied and/or to determine the identity of the occupant. The cost of any such inspection will be added to and become part of the secured debt as provided under the terms of the home loan documents. AI:. EXHIBITA I If you are unable to cure your default on or before May 8, 2001, Countrywide wants you tole aware of various options that may be available to you through Countrywide to prevent a foreclosure sate of your prop". For example: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide. Our basic plan requires that Countrywide receive, up front, at least 'h of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. • Loan Modification: Alternatively, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types. • Sale of Your Property: Alternatively, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through Countrywide even if your home is worth less than what is owed on it. • Deed-in-Lieu: Alternatively, if your property is free from other liens or encumbrances, ilmd if the default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will determine, in its sole discretion, whether such assistance will be extended to you. In the meantime. Countrywide will pursue all of its rights and remedies under the home loan documents and as permitted by law. unless it agrees otherwise in writing. Please be advised that failure to bring the home loan current or to enter into a written agreement as outlined above will result in the acceleration of the debt. Time is of the essence. Should you have any questions concerning this notice, please contact Countrywide's office immediately at 1-800-669.6654, extension 7556. WZe&WX &"a& Melanie Carrillo Loan Counselor 1.800-669-6654, extension 7556 Please be advised that this communication is from a debt collector. n?CHlg?T A PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM[ CONSUMER CREDIT COUNSELING AGENCIES (REV. 8100) CLINTON COUNTY Lycoming-Clinton Counties Conamision for CCCS ofNortheastem PA Community Action (STEP) 1631 South Atherton SL, Suite 100 2138 Lincoln Street P.O. Box 1328 State College, PA 16801 Williamsport, PA 17703 (814) 238-3668 FAX (814) 238-3669 (570) 326-0587 FAX (570) 322-2197 CCCS ofNortheastem PA 201 Basin Street Williamsport, PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Barre, PA 18702 (570)821.0837 or(800)922-9537 FAX (570) 821-1785 COLUMBIA COUNTY Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-(Call Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-5631--{Call Before Fazing) (570) 836-4090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 20° Street Erie, PA 16510 (814)898.0400 FAX (814) 898-1243 CCCS of Wester. Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717)541.1757 Urban League of Metropolitan Harrisburg N. 0 Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CRAWFORD COUNTY CUMBERLAND COUN-I-Y 1400 Abington Executive Park Suite I Clarks Summit PA 18411 (570) 587-9163 or (800) 922.9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West 9' Street Erie, PA 16501 (814) 459-4581 FA-X(814)456-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West 3i° Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G Street Carlisle, PA 17013 : (717) 243.3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle SL Gettysburg, PA 17325 (717) 334.1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 CV LI'BIY A EA A ALL THAT CERTAIN piece or parcel of land situate in Silver Springs Township, Cumberland County, Pennsylvania, as set forth on a Final subdivision Plan for Mulberry iCrosaing,? Sect: Three,, IWynnewood WazL Development Company, as prepared by Gannet Fleming Civil Engineers, Inc. and recorded in the Recorder of Deed Office of Cumberland County, Pennsylvania in Plan Book 49,E Page 111 and more particularly described as follows: BEGINNING at a point on the right-of-way line of Bayberry Drive at the dividing line hetwei Lots -No. 210 and 209, as shown on the aforementioned Subdivision Plan; thence along the same North 61 degree 21 minutes 17 seconds East, a distance of 195.63 feet to a point; thence South 58 degrees 22 minutes 36 seconds East, a distance of 78.88 feet to a point at the dividing line between Lots No. 209 and 206;Ithence along the dividing line between Lots No. 209,1 206,1 207 and 208 South 61 Degrees 21 minutes 17 seconds West, a distance of 234.81 feet to a point on the right-of-way line of Bayberry Drive; thence by a curve to the left having a radius of 499.00 feet, an arc distance of 7.22 feet with a chord bearing North 28 degrees 13 minutes 51 seconds Nest, a chord distance of 7.22 feet; thence along the right-of-way of Bayberry Drive North 28Idegrees 38 minutes 43 second West, a distance of 61.28 feet to the point and place of BEGINNING. BEING Lot No. 209 on the aforementioned Final Subdivision Plan for Mulberry crossing, section Three, Wynnewood Development Company and containing 14741 square feet, more or less. UNDER AND SOBJECT to a sanitary and storm sewer easement, other easements, setback lines and conditions as shown on the aforementioned Final Subdivision Plan' and restrictions and conditions as set forth on the Declaration of Wynnewood West Development Compnay that is recorded in Cumberland County Miscellaneous Book 308, Page 260. BEING THE SAME, PREMISES WHICH Wynnewood West Development company, a General Pennsylvania Partnership consisting of Detweiler Enterprises,,Inc., James 0. Lawrence and Edward W. Seik, Sr., as partners by its Deed dated Deember'171 1987 and recorded DecemberBook 1% 1187 in' the Office of the Recorder of Deeds for Cumberland County in Daed C, Volume 33, Page 446,E granted and conveyed unto Rodney A. Ash and Shelly E. Rsh, his vile. PREMISES: 33 BAYBERRY DRIVE VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: IU? ? ? ? ? ? C ? w ?,???' ?? C a ?:?? SHERIFF'S RETURN - REGULAR CASE NO: 2001-04014 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS ASH RODNEY A ROBERT FINK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ASH RODNEY A DEFENDANT the , at 1040:00 HOURS, on the 9th day of July , 2001 at 33 BAYBERRY DRIVE MECHANICSBURG, PA 17055 by handing to RODNEY ASH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.85 Affidavit .00 Surcharge 10.00 .00 33.85 Sworn and Subscribed to before me this o23AW day of -zvv/ A. D. othonotary So Answers: R. Thomas Kline 07/10/2001 FEDERMAN & PHELAN By 1//, Deputy Sheriff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff, V. RODNEY A. ASH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 014014 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff r? r.- - c,_ -- -c =4" --, r ?' L , - '? -- - ^ _ c, _ c: - Y ? --- ?.?r =i -? _, _._ -i 4 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff, V. No. 01-4014 RODNEY A. ASH Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/19/01 to 3/6/02 (per diem -11.76) TOTAL $71,565.34 ? $ 1,987.44 and Costs $ 73,552.78 tj/ FRANK FEDE AN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. E w? a w? ?z ?a o?wz WO WA? W?O Oo U z? 0 Oz ??U U a ?i W z A a 0 u L w° 0 -d w c 0 a C7 A U z U A p ? v a A ? M M J b d r, CD %) . c,, - t_ . w co a w 0 ALL TFAT CMTAIN Piece cc Sacco! of land sit:ate in 5.lver Springs Tc'.rship, Cmberland County,, Pearzfivania, as set forth on a Final Su.d:vision ?lar. for Mu1ne r IC_cssirc,l Sect; T?ee,1 Wyn-..ewocd Wes Cevelopment Company,, as prepared by Gannet Fleming Civil Encinee-rs, Inc. and recceded in the Recorder of Deeds Cf=ice of G r?erland C:onct, Pennsylvania in i Plan Pock 49,1 ?age lli and rtcre far:-eulariy descr'_ted a.° fal_cva: HE.-:2NItiG at a pcinc an the right-cf-.ray line of Sayter- Dr'_ve at t::e 'u'viding Line tetw•e Lots -No- 210 and 209,1 as shown on the ator_°mentiored Sw:k:divi.sicrw ?Lan; thence along the acme :werh 51 degrees 21 minscas 17 seconds .5dst,i a d_.c:ncs of 195.63 feet to a ;ciat; thence SCGGn 58 degrees Z ainuta 36 secrds Fast, a distance of 78.88 feet to a xint at the dividing line between Lora No. 209 and ZC6;Ithe_.ce along the dividing line L*e weea Lcts No. 209,1 2C6,1 207 and 2C8 Scuth 61 Degrees 21 minutes 17 seconds West, a distance at 234.81 Pesc Go a eCnt on the right?f-way line of ?ayter?, Dr ve; thence 5y a cprre to the lift having a radius of 499-CIO feet,, an arc distance of 7.22 feet with a chard beariaa Ncrth 25 decraes 13 minutes 51 seconds ;Jest, a chcrd distance of 7.22 feet; Chance alcnq the r.'?hCCf-uay of sayber_r Drive North 28idegr=-es 38 minutes 43 second West, a distance of 61.28 feet t_ '!'e ocint and place of 8EG^ 7NZ.W. I BE= Cot Nc. 2C9 cn the af.come..^.ticned Final SUhdivijlan ?1_n for Mule !Crossing,. Section T:lre°,I mmnewecd Develcp.,:ie^.t Gtmrariy and ccn=inin? 14,741 acuara fan*_,1 rmrs cc less. l^JC^w AND XE:Z= to a sanitary and stcra sewer easement, .t other easements, ) setback lines and c-nditicns as ahcr, an the aforam nt•cned 2i2 Sutdivi_. n Plan and rest_icticrs and conditions as sec fcr:h an the Declaracicn of Wynnewcod West Development Comcnay Chat i re~rded in C.;nurl:rd Cc::nty Miscellanecua Sock 308,1 ?_ge 250. BEING I= SAME ?:2EMISES W8T-Ci1 Wynnewood :Pest Develccment Company, a General ?e. 1,1ania. ?artnerahip =111misting of Dee.eiler Eat°rzrises,.•Inc." James C. Lwrance and dart '4.Sc., as zct:er_ ay 1= Caed dated Oecamcer 17, 1967 and cscerdad Cec„ar 13,.1 87 n the Office at the Recorder of Ce_ds for Camcerland CaU.C7 in Dew Zcck C, volume 33,, ?age 446,1 y.anted and ccaveyed wntc 3cdney A. Ash and shew-iy C. Lh,I his w--a. BEING KNOWN AS: 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 t s Oll € C °a c FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION 7105 CORPORATE DRIVE PLANO, TX 72024-3632 Plaintiff VS. RODNEY A. ASH 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 Defendant(s) Attorney for Plaintiff :CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4014 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against RODNEY A. ASH, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 511101 to 9/18/01 TOTAL $69,619.54 0 $1,945.8 $71,565.34 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237. 1, copy attached. qA.U= 226 'LCd-4-- F FEDE , ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: So jjj PRO OTFW- **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff VS. RODNEY A. ASH Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-4014-CIVIL TO: RODNEY A. ASH 33 BAYBERRY DRIVE /F MECHANICSBURG,PA 17050 DATE OF NOTICE: SEPTEMBER 7, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff VS. RODNEY A. ASH Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY : Court of Common Pleas : CIVIL DIVISION :NO. 01-4014 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant RODNEY A. ASH is over 18 years of age and resides at 33 BAYBERRY DRIVE, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. C UANKFEDERMXN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) COUNTRYWIDE HOME LOANS, INC., RICA COUNTRYWIDE FUNDING CORPORATION Plaintiff VS. : CUMBERLAND COUNTY : Court of Common Pleas : CIVIL DIVISION NO. 01-4014 RODNEY A. ASH Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on SEPTEMBER , 21 .2001. .Bv _?. /7,F .? PUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** CASE NO: 2001-04014 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS ASH RODNEY A ROBERT FINK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon A the DEFENDANT , at 1040:00 HOURS, on the .9th day of July , 2001 at 33 BAYBERRY DRIVE MECHANICSBURG, PA 17055 by handing to RODNEY ASH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.85 Affidavit .00 Surcharge 10.00 .00 33.85 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 07/10/2001 FEDERMAN & PHELAN By: Deputy Sheriff Prothonotary T C ?. CD -in 61 °G (71 7l -;rs-g sue, .. _ _ _ _ _ _ _ ?t?-#S? m.,. _ _ S•.y ?k.?:?` c _>?nAFV?]:'?k _ ni _ COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff, V. RODNEY A. ASH Defendant(s). CIVIL DIVISION NO. 01-4014 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,33 BAYBERRY DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RODNEY A. ASH 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: RODNEY A. ASH 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY COURT OF COMMON PLEAS None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PNC BANK N.A. WESTERN LOAN CENTER PNC BANK N.A. CONSUMER LOAN CENTER 2730 LIBERTY AVE, PITTSBURGH, PA 15222 2730 LIBERTY AVE, PITTSBURGH, PA 15222 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. December 6, 2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '' , : z r SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING No.: 01-4014 CORPORATION vs. RODNEY A. ASH AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 33 BAYBERRY DRIVE, MECHANICSBURG, PA 17050. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ?--l ?A FRANK FEDE , E IRE Attorney for Plaintiff February 25, 2002 COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff, v. RODNEY A. ASH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4014 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOANS INC. F/K/A COUNTRYWIDE FUNDING CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,33 BAYBERRY DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RODNEY A. ASH 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: RODNEY A. ASH 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PNC BANK N.A. WESTERN LOAN CENTER PNC BANK N.A. CONSUMER LOAN CENTER 2730 LIBERTY AVE, PITTSBURGH, PA 15222 2730 LIBERTY AVE, PITTSBURGH, PA 15222 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. December 6, 2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ro -? rr ? r, Z U A w N O ? ? J ? to A W N ? nn° J c N ? ? ? Z C Q A z n z z' z C 7 ? ? x x o ? ? ?? A z z m ? y a ? r A ? aa x ? ? ,7 C y - O a Z j 7 ? o ? O A l? ? ? Cy G ? Y rbn r t_/? a z m ? z d A m z m d ? > aZ o z A d t7 m ? ^o O J ? <: a N C r i7 C ..3 o ? m ? m z ? to x w C m ` 03 "x- y ? O 'i7 ? O oz?Ra ? x N o o ' [n c°. N N ? ? R' ? .3y a N i Yl ? V] r 6 o- ? ? 1r1 ry b y b b o? a N ? v ? 6 O E a w -e a w 'T7 ? o ? ax? Cc, m O CL Gr F F 00 mp 4 A C J c w Vi o a 0' m cn eG d A o° ?. ti....... DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) RODNEY A. ASH PROPERTY: 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on MARCH 6. 2002, at 10:00 a.m. in Cumberland County Courthouse. South Hanover Street. Carlisle. PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING No.: 01-4014 CORPORATION vs. RODNEY A. ASH AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 33 BAYBERRY DRIVE, MECHANICSBURG, PA 17050. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. FRANK FEDE , ESQUIRE Attorney for Plaintiff February 25, 2002 '77 r- r ap r r :gyp ??r nnj??? ;. dr'L?! ? .? n'il II ??1rRiIICY rnrn CD "Fn 3" C ;, `= COUNTRYWIDE HOME LOANS, INC., F/K/A CUMBERLAND COUNTY COUNTRYWIDE FUNDING CORPORATION Plaintiff, No. 01-4014 V. RODNEY A. ASH Defendant(s). December 6, 2001 TO: RODNEY A. ASH 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 33 BAYBERRY DRIVE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $71,565.34 obtained by COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff s Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 AL.' V" CMT,%:M piece or ;?reel of land Sit-zata in 341,er Scrir.;s C=kerland Ccunty,l ?ennzylvania,. as set fcr_h or, a e-inzl Sutdi, sign ?Ian for Nclte r ICross na, sr_ C rse,l Wyr..evocd We--- f Company,. as pr=pared ty Gannet '1emi.^,c Civil 2:,ci l neerz, :nC. and _eccr`ed in the Re= -et at D < d I es-3 Cf'__ or rlar ?_.... n, a=rnsySla:.i3 ... Plan Sock 49,1 Page L'_ and =ra t._?lar'y des __t d az fc? ows' Ewa N.WG ac a pcinc or, the righc-cf-way 1ir'e of ?ayterrv cc_:•e at the dividizc line tetwa Lzt3•No. 210 and 209,1 as shcwn an the af_ryceatianed Sux°ivi.sicn ?tan; thence along the aame vec_h Al dr_r?a3 11 rli utas '_^ seccrds ?as: a distance zf 19:.53 feet to a :tint: =.ence scutz -18 decrees 22 minutes 36 seconds cast, a d:_tance of 78.88 feet to a ccint at tale c:,:?'re line teceen roc; 4c. ZC9 and ZCc; Ittenca al--r the di ng me etweea Lees Nc. ZC9,, 206, 2C7 and 2C8 South 61 Decraez 21 mi^.ut=s 17 :ec=ds Nest, a dizta:cn cf .=,4.31 'aac ?lC a c'_:.c cn vle of a'7tewr 0-vet t erc_ It a c'^re Co tae left hav;nc a :mjdius cf 499.CC test,, an art diazznce of 7.22 feet with a cheap hear--c .;cr:n 2-9 _e=__e5 11 3xi n.L't23 5' 9E=:.nds West,! a c_..Grd iat:nc_ cf 7.?2 _ -; thenca- alcns =..e chc-:f-war of 3ayta^;, crave Vcrt1 . 23'aegraes 38 =nut- s.= second Wesc a distance ct c!.:a !e2t t:'e .aint and ;.'ace `7L3 C? SI_ N• 8Z^.:G ...t ,3c. rg cr. C'0 a=fZM-ert_ared anon Svtc_,?_cn ?'_=. fcr 'u_=e_r^/ C_co_c sdct_cn -.tree,, wnrewcad ^_avelcc-.^.^.c Cc^cary and ccn=._::_:a 14,741 faet,, 2=,are ire cr 1e_s•? ' f.NC'^: AND sua:'c - a a sanitary and stem scler easemenc,, at-ar e?samer't=,, _eczac?: lines and _nditic' as src- on the ;_r_m6p?icrec fine Sucd_,ts_on ?La^ and rescictica ardoondi[ ors as jet: f^r _t or. t':e peda-peen of Nvr^e•.xd +iest Develarseenc Ccmcnay that = _ec.^rdec?in wTi'er12.^.d Ccwacy sock 3c8,i ?age G. eME v ?.E?.?ICi rIL SAMe _ Pn..?,_cv-_ iVL?_.... Wynrewccc We-At OeV2iC; TR1tt C.:.ZC,dnY, a General ?e: S19yl'IaLL'3. partnership tcnsiscinc rec.ei___ E^.t3^r?es,.. Znc.,. James C. r-awranca an.. .'_wacd 'ei. saint,, sc., as ar here tv ic.3 Cam dacsc zec?-mc'er 17,, 1987 and r _crdaz Recs. er 13 198' .. the Cfff-4ze :f --"a deco~w_ :f Czec or Cm^erlard _`^cy De? 20c ."C' 446,1 _nea.' and conveyed in k C,. Yclume _2::" ,? !eyed ;yzte 3?ney a.^.asn and She'_1y Z. sr,l his wife. BEING KNOWN AS: 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION DEFENDANT(S) RODNEY A. ASH SERVE RODNEY A. ASH AT 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 ERVED Served and made known to Q t 11 '1 at o'clock m., at ke. of Pennsylvania, in the manner described below: CUMBERLAND COUNTY No. 01-4014 ACCT. #7776029 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 6, 2002 the o23 f,_dayof 09- 12001, Commonwealth Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: N t n Ir" ``,?y Description: Age 35` Height S )O Weight?? Race W Sex M Other N6 5 ?"es I, a e u.>c ? % GC AI competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of th as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTARIAL SEAL ANNE G. BOR` AN, Notary Public Sworn to and subscribed Chambersburg Boeo, Franklin County before me this Z V'ziay MY Commission Expires of r"e^bZ2001 Notary: ?j rt M (y- By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOTSERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown Other: Sworn to and subscribed before me this day of 1200-. Notary: No Answer - Vacant By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 E} .1 '``J `i <' [,_ :i tl' Ci ;;' ,? _ ? .. Cfl-' '- d?-- ;'- t_ =t Jai .. G_ I -[ .: STATE OF PENNSYLVANIA, t COUNTY OF CUMBERLAND j SS' Robert P Ziegler h ------------ ------------------------------°------------------------ Recorder of Deeds in and for said County and State do'hereby certify that the Sheriff's Deed in which ---------------- Land Holdings Inc ---------------------------•--------------------------------------------------------is the grantee the same having been sold to said grantee on the _--_ 6th -------------------------------------- day of ----------------- March---------------- A. D., ' 02 under and by virtue of a writ -----_-_-_--__ Execution 10th ------------------------------------------------issued on the ------------------------------------- Dec day of -------------------------- A. D., 01-- -) out of the Court of Comman Pleas of said County'as of Civil 01 --------------------------------------------------------------------------------- Term,: .----- 4014 Countrywide Ho a Loans Inc fka Countrywide Funding Number--------------, at the suit of--------------------------------------------------------------- Corp Rodney A Ash ----------------------------------- against---------------------------------------------------- is duly recorded in Sheriff's Deed Book No. -__ 251 1364 _-_, Page ------------- Of IN TESTIMONY WHEREOF, I have hereunto set my hand and sea] of said office this 127 ?day Countrywide Home Loans, Inc. In The Court of Common Pleas of F/k/a Countrywide Funding Corporation Cumberland County, Pennsylvania VS Writ No. 2001-4014 Civil Term Rodney A. Ash Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on December 26, 2001 at 8:00 o'clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Rodney A. Ash, by making known unto Shelly Ash, wife of defendant, at 33 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on January 07, 2002 at 11:10 o'clock A.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Rodney A. Ash located at 33 Bayberry Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Rodney A. Ash, by regular mail to his last known address of 33 Bayberry Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $82,100.00 to Attorney Philip G. Curtin for Land Holding, Inc.. It being highest bid and best price received for the same, Land Holding, Inc. of Two PNC Plaza, P Floor, 620 Liberty Ave., Pittsburgh, PA 15222, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $83,942.00. Sheriff's Costs Docketing 30.00 Poundage 1642.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 11.70 Certified Mail 1.63 Levy 15.00 Surcharge 20.00 Legal Search 200.00 Law Journal 432.80 Patriot News 356.70 Share of Bills 24.20 Distribution of Proceeds 25.00 Sheriff s Deed 26.50 $2857.03 Sworn and subscribed to before me This L day of 2002, A.D. gs. r thonotary R. Thomas Kline, Sheriff d 17' BY Real Es to Deputy .O '30, ? Ck, 3G-+" P, 42 f-2 31 SCHEDULE OF DISTRIBUTION SALE NO. 39 Date Filed: Writ No. 2001-4014 Civil Term Countrywide Home Loans, Inc. fWa. Countrywide Funding Corporation VS Rodney A. Ash 33 Bayberry Drive Mechanicsburg, PA 17055 Sale Date; March 6, 2002 Buyer: Land Holding, Inc. Bid Price: $82,100.00 Real Debt: $71,565.34 Interest: 1,987.44 Writ Costs: 105.85 Total $73,658.63 DISTRIBUTION Amount Collected $83,942.00 Sheriff's Costs 2,657.03 Legal Search 200.00 Credit Writ No. 2001-4014 Civil 73,658.63 PNC Bank 7,426.34 So sw s: April 5, 2002 R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 39 Held Wednesday, March 6, 2002 Date: March 6, 2002 TAXES: Receipts for all taxes for the years 1999 to 2001 inclusive. Taxes for the current year 2002. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated 2002, and recorded , 2002, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Rodney A. Ash and Shelly E. Ash, his wife, by deed dated May 3, 1993 and recorded May 17, 1993 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle Pennsylvania in Deed Book "H," Volume 36, Page 52 granted and conveyed to Rodney A Ash, married man. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. Payment of State and local Real Estate Transfer Taxes, if required. Public and private rights in the roadbed of Bayberry Drive. 6. Conditions, easements and restrictions shown on or set forth on the Final Subdivision Plan for Mulberry Crossing Section 3, Wynnewood Development Company recorded in Cumberland County Plan Book 49, Page 111. 7. Building and use conditions and restrictions as set forth in the Declaration of Restrictions recorded in Miscellaneous Record book 308, Page 260. 8. Mortgage in the amount of $81,900.00 given by Rodney A. Ash to Broadview Mortgage Company dated May 3,1993 recorded May 17,1993 in Mortgage Book 1134 Page 1027. Assigned to Countrywide Funding Corporation by assignment recorded September 1, 1993 in Miscellaneous Record Book 453, Page 205. Complaint filed by Countrywide Home Loans, Inc, as Plaintiff against Rodney A. Ash as Defendant on June 28, 2001 in the Office of the Prothonotary of Cumberland County to file number 2001-4014. Default judgment entered September 21, 2001 in the amount of $71,565.34. 8. Mortgage in the amount of $5,000.00 given by Rodney A. Ash to PNC Bank, N.A. dated April 27, 1995 and recorded May 17, 1995 in Mortgage Book 1262 Page 1064. 9. Mortgage in the amount of $17,000.00 given by Rodney A. Ash to PNC Bank, N.A. dated August 7,1998 recorded August 19,1998 in Mortgage Book 1476, Page 768. 10. Subject to sanitary and storm sewer easements, other easements and setbacks as imposed by deed recorded in Deed Book "H," Volume 36, Page 52. 11. Rights granted to West Shore TV Cable Company by instrument recorded in Miscellaneous Record Book 271, Page 741. 12. Rights granted to Sammons Communications by instrument recorded in Miscellaneous Record Book 314, Page 268. 13. Rights granted to Pennsylvania Power and Light Company and Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 317, Page 124. 14. Satisfactory evidence to be produced that proper notice was given to the holders of liens and encumbrances intended to be divested by subject Sheriff Sale. 15. Satisfactory evidence to be produced that the advertisement of the property for sale is satisfactory in spite of the absence of any reference to the improvements on the subject property. 16. Real estate taxes accruing on and after July 1, 2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. c Robert G. Frey, Agent Note: This Title Report shall not be valid or bindi until countersigned by an authorized signatory. REAL ESTATE SALE NO. 39 Writ No. 2001-4014 Civil Countrywide Home Loans, Inc. f/k/a Countrywide Funding Corporation VS. Rodney A. Ash Atty.: Frank Federman ALL THAT CERTAIN piece or parcel of land situate in Silver Springs Township, Cumberland County. Pennsylvania, as set forth on a Final Subdivision Plan for Mul- berry Crossing, Sect Three, Wynne- wood West Development Company, as prepared by Gannet Fleming Civil Engineers, Inc, and recorded in the Recorder of Deeds Office of Cumber- land County, Pennsylvania in Plan Book 49, Page 111 and more par- ticularly described as follows: BEGINNING at a point on the right-of-way line of Bayberry Drive at the dividing line between Lots No. 210 and 209, as shown on the afore- mentioned Subdivision Plan; thence along the same North 61 degrees 21 minutes 17 seconds East, a dis- tance of 195.53 feet to a point; thence South 58 degrees 22 min- utes 36 seconds East, a distance of 78.88 feet to a point at the dividing line between Lots No. 209 and 206; thence along the dividing line be- tween Lots No. 209, 206, 207 and 208 South 61 degrees 21 minutes 17 seconds West, a distance of 234.81 feet to a point on the right- of-way line of Bayberry Drive; thence by a curve to the left having a radius of 499.00 feet, an am dis- tance of 7.22 feet with a chord bear- ing North 28 degrees 13 minutes 51 seconds West, a chord distance . of 7.22 feet; thence along the right- of-way of Bayberry Drive North 28 degrees 38 minutes 43 second West. ; a distance of 61.28 feet to the point '. and place of BEGINNING. BEING Lot No. 209 on the afore- mentioned Final Subdivision Plan for Mulberry Crossing. Section Three, Wynnewood Development Company and containing 14,741 s square feet, more or less. UNDER AND SUBJECT to a san- itary and storm sewer easement, other easements, setback lines and conditions as shown on the afore- mentioned Final Subdivision Plan S and restrictions and conditions as set forth on the Declaration of Wynnewood West Development Company that is recorded in Cum- berland County Miscellaneous Book 308, Page 260. BEING THE SAME PREMISES WHICH Wynnewood West Develop- ment Company, a General Pennsyl- vania Partnership consisting of Dec- wailer Enterprises, Inc.. James O. -. Lawrence and Edward W. Seik, Sr., as partners by its Deed dated De- cember 17, 1987 and recorded December 18, 1987 in the Office of the Recorder of Deeds for Cumber- land County in Deed Book C, Vol- ume 33, Page 446, granted and con- veyed unto Rodney A. Ash and Shelly E. Ash, his wife. I:55NBEING KNOWN AS: 33 ?. BERRY DRIVE, MECHANICS PA 17050. COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff, v. RODNEY A. ASH Defendant(s). NO. 01-4014 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOANS INC. F/K/A COUNTRYWIDE FUNDING CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,33 BAYBERRY DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RODNEY A. ASH 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: RODNEY A. ASH 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION None. 4. Name and address of last recorded holdet of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PNC BANK N.A. WESTERN LOAN CENTER PNC BANK N.A. CONSUMER LOAN CENTER 2730 LIBERTY AVE, PITTSBURGH, PA 15222 2730 LIBERTY AVE, PITTSBURGH, PA 15222 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. December 6, 2001 - 1"? DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC., F/K/A CUMBERLAND COUNTY COUNTRYWIDE FUNDING CORPORATION Plaintiff, No. 01-4014 V. RODNEY A. ASH Defendant(s). December 6, 2001 TO: RODNEY A. ASH 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT. BUT ONLYENFORCEMENT OF ALIEN AGAINST PROPERTY. ** Your house (real estate) at, 33 BAYBERRY DRIVE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $71,565.34 obtained by COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT C_RTA `t piece cc ,,^a^aei o? land aitzate in Si'_ver Scrings '.•c•.r2h_4z, Clacerlarr.' Cnxty, ?ennsyLvania,, as set earth on 3 einzl Su divizicn ?lar: _tr Mul?er ; C__9sir.c, Se-:: Lae, Wyrnewccc Wes Cevelopoent ccmcany,.. as trepared ':,•y Garnet Flaming Civil E^.cineer_, !.-.c. and recorded in the Sec=- 'er o: Ceeds c _ca o` C erlar° 2-1ar. ? k 491E ?35e 1._ and rt=ra r,ar?.?slar''j descri:ec a. _`c-_cva. ' EM M:NG at a pCl r or, the ri5ht-_f-ray ling c_' ?aytar:-j Oc :e at the '_ viCi sg 1'_ze Cec.a Lccs-No. 2:0 and Z09, as zhcsn an the a!=racentiored Sc673ivis:cn Plan; thence alcr,5 the came vccra 5_ degc'4es :_ ni :;:t=s 1'1 zeccrds a_-t, a .4_t=.ca cf 155.63 feet to a ;Cint; c.enee scut`, :d dacreee L minutes 3E secznd3 Zast, a distance of 78.88 feet to a ccint at the di•r-dine line Car ee.^. Lo c3 Yc. ZC9 and ZCc; 1c .ence a:crc the di7idi: c fee :Ytseen Lcta qr. 209,, 205, 2C7 and 248 Scuth 6l Cec•2es Z' minutes 17 secads ;Vest,, a distance at 2:4.81 _`eet Go a ;c an t`.e aht of »a•J 1'_^.e of 3agt2rry - ve; thence `:v a Core to tie 1zf= nav;.*.c a :?ius of 455._0 teat,, an at= diatares of 7.22 feet with a char:: cearLnc: Ncrt.'t 25 decrees 13 =inures 51 zeccrds West, a _ cr:! istarce a' 7-22 'Bet; therca alcrs C.e cht-••_-vas of 3a oa-^r Ccize Vcr-.. 28 1dascse5 28 minutes 11 sec=t! 'Aese, a ..44 _starca cf 61.28 _*est __ --"e coint and ;?ace af-a-='Zcaw. nt;';:G .cc Nc. rc an t`.e af_72 ant. red 3__a: Satdi r_nicr ?,an far :du:_er=, ;r---_ Sect_cn :'hrae, Wvrrewcad cavelcc nt G::tcan( and cc..`_.._ng 14,741 -, ?racc _ess.l L4C=-, AND SLT8: C"..^- t.^. a 9L'Ii t3.rJ 3fd 3ta'.'.1 _Clar °33emenCy OCaer 2?].42N2.^.L',. °ELwC!: lines and ccndi_+_. as sac-- an the ?.reCe .t ?n . a_ Sl cd: ria_an ?La. anW teat=ict: a an_:-nd'_t_cns as set :e^.`; art tte 7edarsc cn of iivnn v ccd 'dez= Cevelz=anc Ccmcnay twat i _--crdac in C.:i r'_ d ca::nzy X-4--cal_anacu Sack 3C81 Pay'a 250. q.,E-'.SIG =iE SAM: P°.E=ZS nE__i Wymewccc We-At Oevelccrznt C=cany, a Gzaer_l ?eraizvIvar a. ?a_.:.ershi_ ctn_iscing at Cec:ei__- Bac2ror_e2,.. 11c.,. James C. :awra_rc2 and c i?t 'el. se Sc., asart:.zrs ty ice Cae_ dated Oec_Tzer 1% 1587 and _-ac, Cec__e_ _3 Lock- .. tae ,f_ioe ct t`.a •--? _y Caere far C:n^erlarc `^..c7 in Cad: Zc c C, Ve_ume 2.', lace 446, y._: tom.' and cctveyed c;ntc 3cdney a, tsh and She'_ v c. Ash,, his w.... BEING &NOWN AS. 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-4014 CIVIL)% TE» COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Countrywide Home Loans, Inc. F/K/A Countrywide ceding C'nrporatinn PLAINTIFF(S) from Rodney A Ash 33 Bad er Drive Mechanicsburg Pa 17050 (f) You are directed to levy upon the property of the defendant(s) and to DEFENDANT(S) 33 Bayberry Drive, Mechanicsburg, Pa. 17050 (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 gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(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 of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 9/19/01 to 3/ /0 (per diem-11.7 Interest $ ,957 44- Atty's Comm Atty Paid Plaintiff F Date: 8ecsnbP?-?C? a00? REQUESTING PARTY: L.L. Due Prothy Other Costs 1-1- R_ Tnng Prothonotary, Civil Division by. /a/? Deputy Name Frank Federman Address: One Penn Center at Suburban Station uite 1400 Philadelphia Pa, 19103-1814 Attorney for: plaintiff Telephone: Supreme Court ID No. REAL ESTATE SALE A, ?9 On December 12, 2001, the sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, known and numbered as 33 Bayberry Drive, Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 12, 2001 By: fJQ??IC< eal Estate Deputy ? d ? i THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) as Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of parhin in Miscellaneous Book "M", Volume 14, Page 317. , , 4 PUBLICATION COPY SALE039 Sworn to and subscribed ............:..... 22nd day /ebrt?ry 2002 A.D. Notarial Seal Terry L. Russpil, Notary Public Harrisburg, Dauphin County NO RY PUBLIC My Commission Expires June 6, 2002 Member, Pennsylvania Association ot Notaries My commission expires June 6, 2002 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 $ 355.20 Probating same Notary Fee(s) $ 1.50 Total $ 356.70 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... PROOF OF PUBLICATION OF NOTICE _ IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and -icter of publication are true. Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED, before me this 8 day of FEBRUARY. 2002 L®4S E. SWDER, N&,Xy Pu ttc cartio 3cro, CLMZO-aw DyInty MY co'-, Eytrss A 5,2W5 REAL ESTATE SALE NO. 39 Writ No. 2001-4014 Civil Countrywide Home Loans. Inc f/k/a Countrywide Funding Corporation vs. a radius of 499.00 feet, an arc dis- tance of 7.22 feet with a chord bear- ing North 28 degrees 13 minutes 51 seconds West, a chord distance of 7.22 feet: thence along the right- of-way of Bayberry Drive North -28 degrees 38 minutes 43 second West, a distance of 61.28 feet to the point and place of BEGINNING. Rodney A. Ash BEING Lot No. 209 on the afore- Atty.: Frank Federman ALL THAT CERTAIN piece or parcel of land situate in Silver Springs Township, Cumberland County, Pennsylvania as set forth on a Final Subdivision Plan for Mul- berry Crossing, Sect: Three, Wynne- wood West Development Company, as prepared by Gannet Fleming Civil Engineers, Inc. and recorded in the Recorder of Deeds Office of Cumber- land County, Pennsylvania in Plan Book 49, Page 111 and more par- ticularly described as follows: BEGINNING at a point on the right-of-way line of Bayberry Drive at the dividing line between Lots No.-- 210 and 209, as shown on the afore- mentioned Subdivision Plan: thence along the same North 61 degrees 21 minutes 17 seconds East, a dis- tance of 195.53 feet to a point; thence South 58 degrees 22 min- utes 36 seconds East, a distance of 78.88 feet to a point at the dividing i line between Lots No. 209 and 206: thence along the dividing line be- tween Lots No. 209, 206. 207 and 208 South 61 degrees 21 minutes 17 seconds West a distance of mentioned Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood Development Company and containing 14,741 square feet, more or less. UNDER AND SUBJECT to a san- itary and storm sewer easement. other easements, setback lines and conditions as shown on the afore- mentioned Final Subdivision Plan and restrictions and conditions as set forth on the Declaration of Wynnewood West Development Company that is recorded in Cum- berland County Miscellaneous Book 308, Page 260. BEING THE SAME PREMISES WHICH- Wynnewood West Develop- ment Company, a General Pennsyl- vania Partnership consisting of Dec- wailer Enterprises, Inc., James O. Lawrence and Edward W. Seik, Sr., as partners by its Deed dated De- cember 17. 1987 and recorded December 18, 1987 in the Office of the Recorder of Deeds for Cumber- land County in Deed Book C. Vol- ume 33, Page 446, granted and con- veyed unto Rodney A. Ash and Shelly E. Ash, his wife. 234.81 feet to a point on the right-_ BAY- of-way line of Bayberry Drive: - BERRY BEING DRIVE, KNOWN AS: 33 BAY MECHANICSBURG. thence by a curve to the left having PA 17050. +--{TEAL ESTATE SALE No. 39 -==-Wrlt No. 2001-0014 - .?. CMITerm - Countrywide Home Loans, inc. fiWa Countrywide funding Corporation vs Rndnev A. Ash CERTAIN place or parcel of land ver Spring, Township, Cumberiand nsylvimia, as set forth on a Final ;- o-;, nrt,a>w,rv (tocsins. Section County Pennsylvania in rtan 111 and more pafkulaly , ws: a point on the f7gin4-way line ve at the dividing line between =aloiementioaed Suhstvla n Plan; thence along fesameNmt}adj'degrees 21 minutes 17 seconds distance of 195.53 feet to a point; thence uth583e,,5gL?e 't minutes 36 seconds East, a t ce rfi98.$e freet`to'a'pdial at the dividing - IM ti cn Lof No. 269 and 306; thence along tiieatvfding line between Lots No. 209, 206, 207 - -`and 208 South 61 Degrees 21 minutes l7 seconds Weq!<2 disrznce of 134.81 feel to a point on the bht-of-way line of Baybeny Drive; thence by a 9-curve to the left 4avmg a radius of 499.00 fee4 an ass distance of 7.2 feet with a about bearing ?tdF2$degrees 13 minutes 51 seconds West, a -chord distance of 7.12 feet; thence along the right- rway of Bayberry Drive North 28 degrees 38 a-43 seconds Wes[, a distance of 61.28 feet to the part and place of BEGINNMG. BEING Lot N4.209 an the aforementioned Final Subdivision Plan for Mulberry Crossing, Section --Three, Wynnewood Development Company and --coniffelffing 14,741 square feet, more or less. -SUNDER AND SLBJECT to a sanitary and storm , sewe- r easeme q n. other easements, setback lines _and conditions as shown on me aforementioned ?,#inal Subdivision Plan and restrictions and ,conditions as set forth on the Declaration of 'Wynnewood West Development Company that is =ceded in Cumi:edand County Miscellaneous i$pok308, PaV 26b. BEING THE same premises which WynnewoOd General -West Development Company, a -Pennsylvania Panneiablp consisting of Detweiler -7ET-terprises, Inc., James 0. Lawrence and Edward W_ Seik, Sr., as partners by its deed dated -December 17, 1987 and recorded December 18, 1981 -in It to Odice of the Recorder of Deeds for Cumbetiand County in Deed Book C, Volume 33, page 446, granted and conveyed unto Rodney A. Ash and Shelly Z Ash, his wife. BEING KNOWN AS: 33 Bayberry Drive, Mechanic 17050. sogPA