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Home My WebLink About01-06190 11 " '" Countrywide Home Loans, Inc. VS Kelley S. Betton In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6190 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff s Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Law Journal Patriot News Postpone Sale 30.00 20.00 15.00 .50 1.00 24.20 15.60 15.00 15.00 4.18 13.43 279.35 231. 90 20.00 $685.16 paid by attorney 6/04/02 Sworn and subscribed to before me ~? ~ I ~1--- ~ This / J:? day of Qtu-- 2002, A.D. ~~ 0. 'h.d'j,~ ~ Prothonotary --e~",,!17 ,__,~,__~ .."tI';I!Il".. -, ~ ~ r ---'1 R. Thomas Kline, Sheriff B~SnaH, Real Es e Deputy \.6"0 ~.3(.I30 Ru., J 2U{2- Y-'__"'."'''_~ .~-"-"""'"""r"""""i"""..,,,"~,--r_'"f"''''~'i?'t z- , COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY . , Plaintiff, .. COURT OF COMMON PLEAS i v. KELLEY S. BETTON CIVIL DIVISION Defendant(s). NO. 01-6190 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) COUNTRYWIDE HOME LOANS. INC., 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 .70 WEST BIG SPRING AVE. AlKlA 70 SOUTH WEST SPRING AVE.. NEWVILLE. PA 17241. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLEY S. BETTON 70 WESTBIG SPRING AVE. A/KI A 70 SOUTH WEST SPTING AVE. NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: KELLEY S. BETTON 70 WESTBIG SPRING AVE. A/KI A 70 SOUTH WEST SPTING AVE. NEWVILLE, P A 17241 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) None. ,'!',,:,,,=~,~,'f'_. ~;,..,. _^~,_,,' ._J_' ^ -~- - I ~ r"" ~ ~~~~"t"l'_ 4. l'J.arne and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION,INC. TO BE DETERMINED 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 70 WEST BIG SPRING AVE. A/KI A 70 SOUTH WEST SPRING AVE. NEWVILLE, P A 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December to, 2001 DATE {~ t~___ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ;r..,,,-,,,,,,",,,,,,,_ ~,,~_ ",r: '~<,~~,;. ~ 1 "I ~ " r"",-~"i ) f' COUNTRYWIDE Hl)ME LOANS. INC. Plaintiff, CUMBERLAND COUNTY v. No. 01-6190 KELLEY S. BETTON Defendant(s). December 10, 2001 TO: KELLEY S. BETTON 70 WESTBIG SPRING AVE. AlKl A 70 SOUTH WEST SPTlNG AVE. NEWVILLE. PA 17241 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTlNG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at . 70 WEST BIG SPRING AVE. AlKlA 70 SOUTH WEST SPRING AVE.. NEWVILLE. PA 17241. 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 75.022.54 obtaip.ed by COUNTRYWIDE HOME LOANS. INC. (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ~"(0li!r..~"~ <" ~ .." ,~ '-', I ~ - ~-~- ~ "' T~l''''''''''~ If YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You 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 ',","jJ-}"!.if'ffifr;w ,'-, ~ ,~,'~, -", - -,~ -1-'''-~1<~ ti All cha~ cert~~n trdC~ o( land. ~i~uacc i~ ~h~ Boc~ue~ of ~e~ville. Councy oE Cumoerland ~nd CommQnve~l~n ot PQnnsylvaoia. more pa:::.i.Cu:'3.rly bQ\"U1dr;o and dQ!:c,,,ib.td J,S t"ollows: BEC!NNI~C 4t t11s nQr:he~s: cc~ner oe R~i:;o~d and ~alr~iQ:d S~~eetJ: ~h~nca norChcast 3l~ns R~~lroad S~rG~~ (now knc~n as Bi~ Spr~ne Avenue) 40 Ease 3 inch~9 1:0 cornet" of Loe. No. lC. now or :o;,:-n~:,11 0.'; S.E~ Sj,&nk; chl,1once !3ouchc=.astwarc1:!..y oy SJ1id LvI: Mo. l~, 11,0 t~~l; :'0 don alley; c.henc.e Dy !ai~ all:y -=ouc.lwc~c..;:.rly 1.00 .;~...~ 3 i:"lene.9 :'0 'Fd.:.r~i=ld. Sr::e:ec (.~orncc::.itI,ez c.~~lad Vin.e. St'ree:): thence. by ~.a:.d scr~e~,Al~u :~~t ~o th~ p~a~e of: BE~!NNINC. UEINC improved w~th a 2 story b.ic~ dwolling hcu~~ kno~n as No. 70 South Big Spr~ng^venue. BEING ~he same r~al estate ~hi~h Dorothy ~. Wallic~, ~~dow, by dood dae~d Novembe.. 1, 1963, ..."d recorded in Cumb~rlllnd Counc.;t Deed 5001< "A", Volume 21, Fage 380, granted and conveyed eo H~~~ H. He~~~li6 and Mar~ar~t Hebcrlig, h~~ wife and John F. Roberli~ and Al~ee Faye lIetlerU.i:\. hi. wif~. 1",.1< 11. Heberlia died en the J.3rd d..y oE M<>y. 1977. ~harw~y ve3t:.ins hi. undivid~d interest in his surviving spouse. Margaret Hebcr11g died Macch 31, 1988, havins eir2c made her last W~ll And Tes~amenc dcv~3in~ ~nd b~qu~aehi~e h~r ~~tire Est3Ce to ner son, John r. H~be~lig. who, ~ich ni3 spousa, ^l~ce Faye H~~e~ligl ~re Crancers herein. AND the sdid. Granr;.oC3 covc.nant; dnd ge~:~~ th>'lt t.hey will -Wo.rrant. geneta~lY ch= prop~~~r har~b~ ~onveyed. ',+nj\:\~i!f'j- ,^- f' I "e ~- " -~ ~I'~ " WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) '"' ~ " . NO. 01-6190 CIVIL 19 CIVIL ACTION - LAW ro THE SHERIFF OF CUMBERLAND COUNTY Countrywide Home Loans, Inc. To satisfy the debt, interest and costs due PLAINTIFF(S) 70 W Bl'q Spring Ave., a/k/a 70 S. w. Sp~ing Ave., KF'll F'y.s.. Betton. . __ from Newrille PA 17241.. DEFENDANT(S) Real estate located Newville PA 17241. (1) You are directed to levy upon the property of the defendant(s) and to sell Rig spring Ave.. a/k/a 70 S. W. Spting Ave., at 70 w (See.._FlttFl"hed 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/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 ofthe defendant(s) not levied upon an subject to attachment is found in the possession of anyoneother than a named garnishee, you are directed to notify him/herthat he/she has been added as agarnishee and is enjoined as above stated. Amount Due $75,022.54 12/10/01 to 3/6/02 $1,175.62 ($12.52 1=.1. JieI,,) LL. $.50 $1.00 Interest Atty's Comm .My Paid Plaintiff Paid % Due Prothy Other Costs $107.80 Date: December II, 2001 CURTIS R. LONG Prothono ary, Civjj Division by Deputy f'1EOUESTING PARTY Name Frank Federman, Esq. Address 1617 JFK Blvd., ste 1400 Philadelphia FA 19103 1814 Attorney for: Plaintiff Telephone: (215) 563 7000 Supreme Court 10 No. 12248 -'''~~--1:!'*_'-gJqs_i!lI_, '11'!"lP1J>~"'l!!i.~~,_ ~,..., _~ " '--1 '!'" ~'! REf\L~S1 f\ 1t. SJ\LE No. 59 On December 13, 2001, the sherifflevied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, P A, lrnown and numbered as 70 West Big Spring Ave., a/k/a 70 South West Spring Ave., Newville, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2001 By: qOdMS~ RbI Estate Deputy \c;~~)d ~\ ~~-~) :';.'~ ':" . . 1.\ '11\\ \~, \\6 \)7. t. ..\,,~,\\~ .. "-.~\~~() l ~"iI'~ ';,\11. j() ;~\'O.'rIS . ~1IIilI..~ --~~fof\~__ _. ~.f'I;:t .t!,~"L,,.,,..~~~~!'<r~'''~;l!t>t''"li##-1;;:~1W1fi~~lili!!1il!m~'V''M-'}W"f'"," ","_0.. _ "0;" ~~,-= (-J CViJ C\tiJ c:::::J <R> &;;;1. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues 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 character of publication are true. 7~ Reiger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 NOTARIAl. LOIS E. SNYDER. Notary Public CariIIII Bom, Cumberland County . . My Comml8aIon ElcpII8S March 5, 2005 . =l\l~m_. ~,~ _. JII', '." .~ "" ~"=~ ~ "~r I ~ " ,; -",~, , ,,~ -,"~, -~.,"~ '~"< - - .,~" ~ f'" '1"'- REAL ESTATE SALE NO. 59 Writ No. 2001-6190 Civil Countrywide Home Loans, Inc. vs. Kelley S. Betton Atty.: Frank Federman All that certain tract of land. situ- ate in the Borough of Newville, County of Cumberland and Com- monwealth of Pennsylvania. more particularly bounded and described as follows: BEGINNING at the northeast cor- ner of Railroad and Fairfield Streets; thence northeast along Railroad Street (now known as Big Spring Av- enue) 40 feet 3 inches to corner of LOiN,,; HI, now.... --lev of S.E. Shank; thence southeastwardly by saJd Lot No. 10. 140 feet to an al- ley; thence by said alley southwest- erly 40 feet 3 inches to Fairfield Street (sometimes called VIne Street); thence by said street. 140 feet to the place of BEGINNING. BEING improved with a 2 stozy brick dwelling house known as No. 70 South Big Spring Avenue. BEING the same real estate which Dorothy E. Wallick, widow. by deed dated November I. 1963. and recorded in Cumberland County Deed Book "A", Volume 21, Page 380, granted and conveyed to Mark H. Heberlig and Margaret Heberlig, his wife and John F., Heberlig and Alice Faye Heberlig, his wife. Mark H. Heberlig died on the 23rd day of May, 1977, thereby vesting his un- divided interest in his surviving spouse. Margaret Heberlig died March 31, 1988. having fIrst made her Last Will and Testament devis- ing and bequeathing her entire Es- tate to her son, John F. Heberlig, who, with his spouse, Alice Faye HeberIig, are Grantors herein. AND the said Grantors covenant and agree that they will warrant generally the property hereby con- veyed. ", ~ " n . ." THE PATRIOT NEWS THE SUNDA Y PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Ass!. 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 Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since: That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andlor 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 resoiution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#59 ary 2002 AD. Notarial Seal Tony L. Russpll, Notary Public Hanisburg, Dauphin County My CommIssion Explras Jun. 6. 2002 Mamber, Pennsylvania Associallon 01 Notari.s 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 $ Probating same Notary Fee(s) $ Total $ 230.40 1.50 231.90 Publisher's Receipt for Advertising Cost . . The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general Circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... >;,j*"i1;t\",~ ~'! .~ .~ '" ~ =< "~~ ~" I~=~l~''''' REA~ ESTATE SA~E NO. 59 Wrll No. 2OQ1-S190 - -:- 'Civil Term - .'-~Countrywide Home Loans, Inc. vs ,Kelley s.Setton Atty: Frank Federman DESCRJl'l'ION . .. AU _that certain w..,ct of land, situate in the ~oroUgb of Ne~~ County of Cumberland ~ana- Commonwea1'il.1 of Pennsylvania, more ~,utkuIarly boundel3.l1d described as follows: -.-13:E1JlNNING at - the northea.<;t corner of J@L1mad_mI~LEairtield<St(eets; thence northeast ~aI<?!!LRailroad S~~Jnow known as Big c-sprililt\venue) 40 feet 3 inches to corner of Lot ~No.10. now orformerly of S. E. Shenk; thence ~s:9ilth. ea.stwatdIy~by 'said Lot No. 10, 140 feet --,--to an alley; tllence by said alley southwesterly ~40 feeU in9he!i to Fairfield Street (sometimes --called Vme 'Street); thence by said street, 140 "R fe.ettoihe place of BEGINNING. 'BEING improv"ed with a '2 story brick dwelling '-=-ho_us.e kUo,!"o as No. 70 South Big Spring .eliue.=~~_~. . !BE~the same real estate which Dorothy E. ;Jr1Jllck,Yiidow, by _deed dated November 1, :J163., .and recorded in Cumberland County tOcea ~ook "A'\Solume 21, Page 380, granted ~d-cOm'eyea . to_ Mark H. Heberlig and ~(1feber~ig, his wife a.nd ~ohn. R :1fe:.)fief,erlilijg .and Al~ Faye Heberlig, hIS wife. ~. f!~p~[lig ,died on the 23rd day of May, ~7,~11iereby,vesu.og his undivided interest in i6fi_survfviog spoli.'le, Margaret Heberlig died ~acc1:l11~.198-8, halring first made her Last Will -'.and-Testament devising and bequeathing her "~eiinre-Estate 10 her son, John F. Heberlig, who, .~'With his spouse, Alice Faye Heberlig, are ",Grantors'herein. _AND the ~aHGrmll9rs covenant and agree that '9beY will warrantieneraUy the property hereby -COnvefed. - - -~..__._-'-- ---~ ~.- ']i' ~ FEDERMAN AND PHELAN By: FRANK FEDERMAN < Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SIDTE 1400 PHILADELPIDA, PA 19103-1814 (215\ 563-7000 ,- COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024-3632 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6190 KELLEY S. BETTON Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor ofthe Plaintiff and against KELLEY S. BETTON and, 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 from 10/01/01 to 12/10/01 TOTAL $74,051.97 $970.57 .< $75,022.54 j I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. _U~J FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ---....... ./ DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE, I J. - 11- ~I (l,-,^-I<<J !!. I~, 1-' PRO PROTHY v '" . ~ / -~-'-""'w. ...", ~_, .~ " ~, ~ - ~. I~~ " - r ~ ,~-"",!".~ "~r . !--"-"'" ,~ ~. ~_,.LJ~~_..J)Jmt '" mJrJtli~l!~~!"_" "","",,~r';j_ =,' o C -aC' ~~~ 65S~, ;::; '- ~c- ~::(~. >--.-1 >c': "--,~~~.. -".T"'" .'''''Dl"m'I11lit" C~~ :,~:: to,.) " .::. -.-1 _.<~ ~_C 0" Qt,<~ .~!'.f"X~$'~h~1:t;H'n~':;;'(~r<i_'-P';:o-"%'-';]::9-J,:<,'L","!~;"f!EBi!'@J~~,,,,1'_lf!~'fi'i'il.~'J'f""'_~"~'"ffl~~~~~ ;~-- (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INe. 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6190 KELLEY S. BETTON Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on I J ~ Ii 2001 . B~ 8Fr ;1~.~ D PUTY ...., () If you have any questions concerning this matter, please contact: FRANKFEDERMAN,ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF.KENNEDYBLVD., 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 RECENED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." "~:~~tl ,~!!L _ ,_. -',~,_. ,~ '-1 I . . _ f ~ c v......,...~ FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire 'Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563 -7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS, INC. CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO. 01-06190 CIVIL KELLEY S. BETTON Defendant(s) TO: KELLEY S. BETTON 70 WEST BIG SPRING AVENUE, A/K/A 70 SOUTH WEST SPRING AVENUE NEWVILLE,PA 17241 DATE OF NOTICE: NOVEMBER 27. 2001 F/I t: THIS FIRM IS A DEBT COLLECTOR ATTEMP~t.N~f6VLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO CbLLECT 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 -''''~iill, ~m.~o,:" ,n, .~,,"'___ _,,~ _~. _ ., r= i' ,;;cr."," -," --,." ,- . FEDERMAN and PHELAN . By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SIDTE 1400 PHILADELPillA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6190 KELLEY S. BETTON Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KELLEY S. BETTON is over 18 years of age and resides at , 70 WESTBIG SPRING AVE. A/KI A 70 SOUTH WEST SPTING AVE., NEWVILLE, P A 17241 . (c) that defendant is over 18 years of age, and resides at , , . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. W ~JL- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '~', ,..' " ,-,"'; ~., '!""~ , f .-, ,-~ I ' !'~ r-.:"""" ';lIOIII,. . , ~ ~ .--... Cl t" rt"" L ::?, ~ , ,- ",~Jrnn~,L ~ " _,"JTU1J~..~" :~,,&,~,~t,.,..- .'k ~M "-'.0"-'W~'" '''n" ~ (3)~ ~.__./ . -- .,- ~ d ~ 1', -- ~ ~ ~ LN ~ ,.. . .~., !if'll""'~" imlliJlW .iu~t' llf1f'lflil"." ~ _ on "W (') C) C .,- r:::::) v ,~- C .,-\ en C. ..:"''J Z~ - :,;: - -, 0 , ....'. ~" '_.~ .-0 ?~ :::t:: ,. t:~ ;".) ) Z ~ . -'-' ~ -~ -< , 0 ":< ~~~. ~ f!lii!!<~",."",. .,.- ~1iI:i -, ~- .,",,~!l!fj\p~'ryc;'~c"'\i'l,,",","r"'}_'fr.1'<;[i-"'i':-,j)cf:J''''''7',",'-~''''''~""#'I'0-';!~Ji!i~1:fil;!i~""~~,!!*".!";j:~"F"G'T[",,,,'P~~;~' -. " u'. } r- kJ1 -....J ~ ~) "" '" r "- ~~ (1 "'- "- ~ .......... ';'?'" ,_&~.,. .., , ,'"\, PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. No. 01-6190 KELLEY S. BETTON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $75,022.54 / Interest from 12/10/01 to 3/6/02 (per diem -12.52) $1,175.62 and Costs TOTAL $76,198.16 J~U- FRANK FEDERMAN, 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. -~,~-;, - ,~,- ~,r:""~_~, "',_", f '-- --~ "~"I ,,-< .N"~, ,n.,. .~,,' ,.,' "''''1 ill ., "Tltl'" , . . ,Y" ~ . .~ < ...~ Z ~~ O~ U 0 .< "'> z ... ~'" <..< E-< r-1>< ... ~ vr <Z ..<'" U ... .,,; ~Z ~ Z ~~ "'E-<.... 0) Zz Z~~ i:: Or-1 0 0 r-1 = ~"'r-- 0) E-< '" '" ~~ ..< E-< ... 0 ~~< 0) ~ r-1 0<:: "'~~ ~ O~ .. ~ ~ E-< .. '" . UZ 0 .; en ~ri: ... r-1 E > ~=..< ...~ = >< ~~ E-<E-<"< ~ 00 r-1 r-1 "'~~ 0) E-<U ~ ..< ~~ [ij< ~~ ... ..< 0.... ~~r-1 Po< ~ ~ ... i:: 0) r-16 ==Z Il r--r-- 8; ~ ~ E-< ... 00 r-1r-1 Z U '" ~ 0) =~ ~ .i::j ./3 ~~ 0 0) .... '"0 U .~ < ~ ... ...u ~u~o,~. ~ __ ~" .~_,~~_~__~~,,"~~_,_,_ , )_fli"~~~~~jJ.l~~lf4I>\j~9'~m:""'!T"\"~~V"f.''C;'''''~:i1!'C:':''';'-'>~""'"""'~I:i_ii ""i'_'.'ltt;g:..,j"'i~!lit;;~~*,Plw<i~)jffi1'i\j~l~fiW''':!if!;l''ii~1<~~:i. '. . ' -.. All !:h9C ce~t~in trac" of land, ,icua!:c in ch~ Bocoueh of Ne~ville. Couney of Cumberland and CommQnve~l~h of pannsylvania, moce ' pe:'t.ic:ularly boundc;d and dQ~c."i.b.:td. 0..9 follows: SEC!NNINC .llt the nQ~tl\easc corne~ oe !\all.oQd and ('"lc=lold St"eet:.: thence northeast ~long a~i~roaQ S~re~t (~QW known as ~ia Sprin~ Avenuel 40 Eeat 3 inches co corner of Lac No. 10, no,", o~ Eo.m..r11 of S.E. Sh~nK: ch~nce .outh~a.twa,dlY DY SAid ~oc No. la, 140 e~eo to an alley; chenc" lly said alley ~oucl""cac..:::ll' 40 e~~t 3 inches to Fair~ield Street (aomct~m... called Vine Streetl: thence by said . screec,-140 <cct Co the place or: BEGINNING. UEINC imp"oved with a 4 scory Sout:h Big Spring.Avenue. BEING the same ..oal eatate which Dorothy E. Wallick, widow, by doed dot..d Novembc. 1. 1963, ..nd re"o~ded in Cumberland Coune)' Dc<:d Sook "A", Volume 21, ~ase 360, granted and conveycd CO Hd~k H. Heg~~116 and Marearec Hebe..~lg, h~~ .~f" and John e. H~ber1ig and Alice Faye llellerl;i.g. hi~ w;,f",. Huk n_ Heberlia died 011 the ~J~d day oe MAY. 1977, ~ber",by ve.cins hi. undivided inceres~ in his surviving spouse. Margaret Hebe..l~g died Harch 31, 1966, hov;,ng f;,r~c made her Last W~ll and Teseamenc dQV~3in, ~nQ b*qu~aehine her ~"cire Esta:e ~o ner son, John i'". Hr.;be-rlig, ..,ho I wit.h his: spouso. ^~.ic: e Fa.ye Ueb=rli~ I are Crantors herein. b~ick dwr.;11ing ho~~e k~own DS No, 70 . -. AND Che sai4 Cran~OC3 covcnan~ and ag~~c thdt they w~ll varran~ genera~ly ch= pcop~r~y hQr~by ~onveyed. - ',"'W r- .~ IFrTr:T .~ ~y p~ ~ ---. - FV c1 -3 Ie :t ~ ~ -t" ~-~ CA ~ ~I ~, "- CO' ~ <:1\, . ~_ I::i ~., ,. ,., ", - '" ''-'' I . . _ '-'~V" ~;:-i .:..:- .' ?~ ~;~. ~,. C) ~;; ~c- . . :::-1 -, f-71 -""'-, :-:' ~ 0,', 'j:: ~~ .~, ;<('''... ;g =).l'#~I~;,....-,I$:_~ ,_,.--~,~"Jem~ ,_" _ _.' _ 14~~%'l{f~"<;'f<~""':~':""""'.f-'f"'~"'\--'"'\'i:'~ ;".;;~'W,<;_;;~b-;;-"", f!Nj1'[W;;~~(,<lW!'fr"19~,,:'!~ot~m'''fW1t,:W;; ')l""","",&pr<l!!f!;:~~j~l. ~~~"~~ ~~ . . COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS KELLEY S. BETTON CIVIL DMSION Defendant(s). NO. 01-6190 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) COUNTRYWIDE HOME LOANS. INC., 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 .70 WEST BIG SPRING AVE. AlKlA 70 SOUTH WEST SPRING AVE.. NEWVILLE. P A 17241 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLEY S. BETTON 70 WESTBIG SPRING A VB. A/KI A 70 SOUTH WEST SPTING A VB. NEWVILLE, P A 17241 2. Name and address ofDefendant(s) in the judgment: KELLEY S. BETTON 70 WESTBIG SPRING AVE. A/KI A 70 SOUTH WEST SPTING AVE. NEWVILLE, P A 17241 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) None. ']"!'o/ ,1. ,,~J~ . ,~ 0/ _~~ 1 ,. ;ZWfT ''';''''';/''J'''< 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) HOUSEHOLD REALTY CORPORATION,INC. TO BE DETERMINED 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 70 WEST BIG SPRING AVE. A/KIA 70 SOUTH WEST SPRING AVE. NEWVILLE, P A 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 10. 2001 DATE {~ 11.-- _ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff >O'''lJ'-_;;: ~'7~- ':r.',v_,,~' .' , I c . ~c.,' "',,",' ,.", ~ - N ""'-~-"'fill '~f1t#ni 1m:lt1T"'i'f:'lC~'IY4l"" ;gR-~; -~. . -- :'';:: t/5 -< r::: ~> C '<'_c::;,--, ,- ~;";;' () '~-' c} ~~'l tfp~ ~"~"'''''''",-C'''',,,,,.,.~ ,_Ifml,.,<, ~~ .~,~~._!l~", ~1~4!li~;',l!l~:~t.~"""'" . !~~~-l':,;>1w.<"Ii:"0':'1'-"'I-i"-'lj''''')'''f1I!,!,,",it))'l'''l~'f.Q.-~'H:''':'1i;~~~1!1f~~!jfj~iI'~~'iiU<jj~;!~~'ii~U~'l~~_:r, '::J ,''I ::-) t.., t,O ~',"'_'"_>~"~U__' ,,_._ . , 'FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SillTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION KELLEY S. BETTON NO. 01-6190 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 4J u-- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff :''i~I'jl!~''__~_''_ '.<_'''___ '. ,'-' ,>, ,.~ '~r,..,..,~ "" " .."", ,,~- ~_ .._ _,>,.._.'^, """.n'"<~=' = ~. .,-",.. ,~J:) :.. ..,.', () r;~ -oP:~-; f!:Jfj':-' ~~" "~"-"T1.lliI".lr."'~'ffj;~ r:::-, -,~. ~) :~? '-.. i:'- Ie. <zj~ ~ .~."n~,l",_~,'7_~ _ W")"".~,,,,~~.l!1rJ.mf _~,~.~t, ^'-_~:~ 'rf~ ""'<'~ J't'J,"~.__~~'f'~'''''''P-<'-''i''"'''~''5'''''-''Y;:~+W+'Mili!\);j;",~.~@lil~O'f~t~~Il'l!i~,1' ('1 -. COUNTRYWIDE HOME LOANS, INC. Plaintiff. CUMBERLAND COUNTY v. No. 01-6190 KELLEY S. BETTON Defendant(s). December 10, 2001 TO: KELLEY S. BETTON 70 WESTBIG SPRING AVE. AlKl A 70 SOUTH WEST SPTING AVE. NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBrAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 70 WEST BIG SPRING AVE. AlKlA 70 SOUTH WEST SPRING AVE.. NEWVILLE. P A 17241. 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 75.022.54 obtaiped by COUNTRYWIDE HOME LOANS. INC. (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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may can: (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, ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3, You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ,--S", ..i... __, _ ,"'_'~__-' _', ,'_,' "". ."'_ ,. ~ ..".,..,.~""" _ "'T~_ d>~^ ~^ "-.-~~- ... 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, P A 17013 (717) 249-3166 (800) 990-9108 >~-;;:;"~,: ,--~- ~- - ,~- - ,- ~ ~ -" - . I . " !1 ' " . """'",",",' .. t. . . ^ll Ch9~ cert~in tr~cc o~ 1and, ~i:uQc~ i~ ~h~ Bo~~ue~ Counc.y of Cumberland and CommQn'We.:):l.:.h ot 9,:)nn~-:yl'Jan~_.s.. pa=:icu13rly ~aund~d and dQ~c~ibQd ~~ Eollows: o E ~kJVill". , mar; aE.C::NNI~C .at:. t.hg n..::rr::heasC, corner ot R,;J,.i:';-ood and ?~it'~.i'-"l.:d St!"ee1:.3 ~ ~henc~ norCh~ast ~l~ng a~~~roQd SerG~~ (rtQ~ knc~n as Bii Spring Avanue) 40 feel: 3 inch~s 1:0 corne:' of toe No. 10, no... or :0;-;;;=.::-1:1 0'; S.E. Sh&nk; ch~nce ~outh~as~~sr~~Y ~y said L~t ~o. lO, l~C E~e~ ~o I1n alley: chence ny !aioJ. alley ~ou::.ll'll/c': 1:..-:;ly 4': :-<",,"1:. 3 i~c.~e~ ::'0 F~irfi~ld Sc=~ec (~o~c::.imez ca~l~d Vine St~ecc;: thence by said scr~ee,~l40 E~~t co tne p:~~e or: BE:INNI~C. UEINC improved w~~h a 2 story b~ic~ dwelling nOU~e knc~n D$ No. 7Q Sou:h Big Spring.^V"nue. SE:NG th~ SAme real es:oC" ~hi=h Dorothy E. Wa~lic~, ~~do~, by dood da:~d Ngvembc~ 1, 1963, ",no ree.ordad in Cum~erl:J.nd COl.1nr:.y Dc~d Book. "A" I Volume 21, ?age 380, granted and conve1od to H~~k H. Heonc1lg aod Mar~ar~c HebcrLig, hi~ w~fo ana John F. ~~berli~ and Al~ce Faye l1eDerl;;'6' lU." w;.f~. Harl< 11. Heberl:1.a dica on :hc ?:lrd day or MAY, 1977. ~herwby vagcins his undivided in:erest in his surviving spouse. Hargarec Hebcr11g died Moeoh 31, 1988, hav;.ns f;.r2C made her L4S~ W111 and TeSe8men~ d~y~~ing Gnd D*qu~aehine h~r ~~tire EstaCe to ner son, JQhn F. Hl;pcrl:i.g. 'Who, ",:i..en his s~ousa. A1.ice Faye Ue't:le=..:"li~1 :.:"e Cran:ors her~in. ANC the said. Cr~nt.Q(,:3 covcnanl: and ~g'!:":!:~ e.h.al". they w11: 'Wo.t"::,ant. genera~ly ch= pcop~rey h~r~by ~onveyed. "^'.'ff%!(ll '-. .,. '>r' _' _, _~ ~ ._, ."' -~, '''1 -, 1 ' ., , . , -,-~-,- ~~. "" ~"'~ - c:- 1.0 ~i --, "";-1 r:~5 --. '-i 11"'" 4>, ,......_:! '::~Cl -< ~~ :1_~, ,,~ _." ",~ ,"IffiI~ ?'7~' ~" ",_,I'mW,'''"_7 :H\!ll_If~;wur;.!lI-{~~ ,"~ ~ ~$J!lt!~jri1t\':!'j'F,,!,~;;;~':'-!)<Nr~'~_"f:"'~~,,;;n":;:"""'7f""'f, 'o.'O"'^';'-';- ",n;;-m?~m:;""'''m,\;.",-mij'''",,'i'!?''!i''_\1f;f!?i'~'N',F~'r::~~'''Y'~'-1ll!!~'1'F "' :so (, AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF COUNTRYWIDE HOME LOANS, INC. No. 01-6190 DEFENDANT(S) SERVE KELLEY S. BETTON AT 70 WESTBIG SPRING AVE. AJKJA 70 SOUTH WEST SPTING AVE. NEWVILLE. PA 17241 KELLEY S. BETTON ACCT. #4130533 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED Served and made known to , Defendant, on the 3l ~. dayo.f.3anll~'i-,20ca ~),e UJ ~; I ~, Conunonwealth a~,o'cloc~.m.,at-=1D u). 6~1~~ V\.l{J I of Pennsylvania, in the manner described below: V -. -LDefendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s resideuce who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: ~(f 3\~ 1.~ Description: Height~t Weight ~ Race LLL Sex \ Other I, ~t;;ompetent adult, being ~ulY sworn according to law, depose and state that I personally handed a true and correct copy of the Noti e of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ~ By: ERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One PenD Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia. PA 19103-1814 (215) 563-7000 -- Notarial Seal . Usa M. Gr~ason, Notary Public Cnflls!e l3mo, Cumberland County '. ':,: (~:'.r'-lr:~\~;::;i0r. Expims Sept. 9, 2002 !__.,~_, _~ < __ _,,"_..>_n,,,~~~____~""'"" ~i-~"~.-__ ."'~- - - 'I ^ ,~ r - . T' ". ~111~ ~ , .,.,..,~ ,^,,,,,,:.r!!l-,,.,._,_",~ _:1m~li~~1l~~~,~jj),~_ ,~-~ '-"".0' "1"-" '--'~~ . ~,",- - ~--- . ,-~,,,,,"-,,- 'l,- ";c.',- C'J,'c"" --.,.~.. ""'''-''''''=-''Ii,r:--'-c- -' '" ~"'p;'Jf'--fr--'1Wi (") (::J /'- c= r<) <" ..,.., u c:::; r'lj . 'Ti n'- OJ Z :?~ ;,,, (0 .-< ~ , .O' '.' ..-~ ~~ ':l> =--'0 ...-' , ~-1 .,,- -< (:::> _v -< 9- 8!/ ,J.llm, ff;,t~~Jiil'P~'"'~:t'iW"""-'"'i(':!I.""'" ,-, "}_"",;_i""(T"","IW.,,";""~;'_;,'!'~hW':(';-'!!"'i}l;IT"l".fl;;>~l"i"'H'j',f"W:~;1t~~,~-, "'=',!!1/"_. , c , FEDERMAN 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. 7105 CORPORATE DRIVE PLANO, TX 75024-3632 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM No.OI-G..l90 Civ~l J~ v. CUMBERLAND COUNTY KELLEY S. BETION 70 WEST BIG SPRING AVENUE A!KJ A 70 SOUTH WEST SPRING AVENUE NEWVILLE, P A. 17241 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 TillS DEBT WAS NOT REAFFIRMED, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 \ Loan #: 4130533 '-,'W.:3l;!!"_ ~_"_~,, ". e' _ _. '.' ."f ~- ~~, "I' ,~ "~"'Iffi'""'~ ' ", _. ! . - - - -f~ IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS 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. , .." - !~ -r- ,- ^i ""'.iMf-'''''' --'<~'" ~ ~~ 1. Plaintiff is COUNTRYWIDE HOME LOANS, INe. 7105 CORPORATE DRNE PLANO, TX 75024-3632 2. The name(s) and last known addressees) of the Defendant(s) are: KELLEY S. BETTON 70 WEST BIG SPRING AVENUE AIKJ A 70 SOUTH WEST SPRING AVENUE NEWVILLE, P A. 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/22/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PUBLIC SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1511, Page 759. By Assignment of Mortgage recorded 5/10/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 612, Page 389, 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 6/1/0 I 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." --"9l;I!;:'iH~_ ,_, . . I ...,.",...,,-", ......~ ~-~ i'~ "~.,." 6. The following amounts are due on the mortgage: Principal Balance Interest 5/1/01 through 10/1/01 (Per Diem $13 .67) Attorney's Fees Cumulative Late Charges 12/22/98 to 10/1/01 Cost of Suit and Title Search Subtotal $70,300.35 2,105.18 1,000.00 96.44 550.00 $74,051.97 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $74,051.97 7. The attomey'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 attomey's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000,00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. S1680A03c 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 $74,051.97, together with interest from 10/1/01 at the rate of$13.67 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. J~r~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff .'di'">"~-::- ~~ ,_, I'" ,. ,&;~ !I! Countrywide" HOME LOANS Send COf/l~spondence 10. P.O. Box 10221 Van Nuys, CA 91410-0221 JUly 31, 2001 Send Paymenls 10: P.O. Box 660694 Dallas, TX 75266-0694 Certified Mail No. Return Receipt Requested Regular Mail Kelley S Belton 70 W Big Spring Ave Newville, PA 17241-0000 Account No.: 4130533 Property Address: 70 W Big Spring Ave Newville, PA 17241-0000 Current Servlcer: Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaaae on your home Is In default. and the lender intends to foreclose. SDecific information about the nature of the default Is DroYlded in the attached oaaes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CHEMAPl may be able to helD to save your home. This Notice exolains how the riroaram works, To see if HEMAP can helD. 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 Counselina Aaencv. The names, addresses and Dhone numbers of Consumer Credit Counsellna Anencles servina vour Countv are listed at the end of this Notice. If-vou haye any auestlons. you may call the Pennsvlvanla Housina Finance Aaencv tolHree at 1-800-342-2397. (Persons with imDaired hearina can call 1-717-780-1869.\ 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA. PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENOE EL CONTENIOO OE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING.FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONAOO ARRIBA. PUEOE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEOE SALVAR SU CASA DE LA PEROIDA DEL DERECHO A REDIMIR 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 1983 (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 ESTABLlSHEO BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. Please write your account number on all checks and correspondence. BREACHPA 6/26/2000 4130533-5 Kelley $ Belton 70W Big SpnngAve A l..up'o$25 OO($4000in FLjwjboohalgod lor eac:hrol"",odpal"'ont"",optosothillWJ" Irrnrtlidbylaw BREACHPA $1,012.94 AS OF September 4,2001 llCountryWide" HOME LOANS P.O. Box 660694 Dallas, TX 75266-0694 1111111'.1...111.1111.11..11'111111.111111'..111"111..111'.11 EXHIBIT A 413053350001012940101294 --'O;(~"J'fI ." . ~ I: .. J~ TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-five (35) days from the date of this Notice. During that Ume you must arrange and attend a '1aca-to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (351 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty-five (35) days after the date of this meeting. The names addresses and teleohone numbers of desianated consumer credit counselina aaencies for the countv in which the orooertv is located are set forth at the end of this Notice, It is only necessary to schedule one face- lo-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in defauft for the reasons set forth fafer in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end 01 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 flied 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 OENIED. AGENCY ACTION Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after It receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application, "lOTE: 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 SHOULO NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (tf you have flied bankruptcy you can stili 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 Home Loans Servlcina LP. (hereinafter "Countrvwide") services your home loan. Your home loan is in serious default because you have not made your required payments, The total amount now required to reinstate your home loan as of the date of this letter is as follows: IV10nthlv Payments: $482.35 late Charaes: $24.12 Other Charaes: Uncollected Late Charges: Uncollected Costs: $964.70 $48.24 TOTAL DUE: ------$1,0121)4 PAYMENT INSTRUCTIONS Please . Make your check payable 10 Countrywide Home Loans Wrile your loan number on your check or money order Wrileinanyadd~ionalamounlsyouareincluding.(lj lolal is more than $5000, p!easesendcertifiedcheck.} Don'l al1ach yourchecll 10 lhe payment coupon Don'tinc!udecorrespondence Don't send cash Payments: All payrnents wili be applied to lhe longest outslanding installment due, unless otherwise expressly prohibl1ed by iaw. Additional amounts. II you don'l specify lhe purpose 01 additional aroounls included, we will apply them firslto any outslanding payments, escrow dllffcieoCles, fale charges and/or fees dUll. We will then apply any remaining amounts as a principal reduction. It you Sub~it ~n additional principal paymenl w~h your home loan payment, Countrywide wilt first apply your home loan paymenl, then the addlllonal principal payment. Your lean musl be culflml before we can apply any principal reduction EXHIBIT A ,""-'?II;..... W~~ ~ " I" ~~ ~< - - - ,=~- -_.Y1W4l:~_ <," >C,",,_ ---,. 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 $1,012.94, plus any additional monthly payments, late charges, fees and other applicable charges which may fall due during this period. Such payment must be in the form of certified check, cashier's check or money order, and made payable to Countrywide at P.O. Box 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 do not cure this default within THIRTY-FIVE (35) DAYS, we will accelerate the payments due on your home loan. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff 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 payoff 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, If you cure the defaull within the THIRTY-FIVE (35) DAY period, you wf1l 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 NON- EXISTENCE OF A OEFAULT OR ANY OTHER OEFENSE 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 writlng by the lender and by pertorming any other requirements under the mortgage. Curing \your default in the manner set forth in this notice will restore your mortgage to the same position as If you had never defaulted. 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 cailing us al the following number: 1-800-669-6654. This paymenf must be in the form of a cashier's check, certified check or money order and made payable to us at the address stated above. If the default is cured, the mortgage will be restored to the same position as if no default had occurred. However, the default may not be cured more than three (3) times in any calendar year. HOW TO CONTACT THE LENDER: Name of Lender: Countrywide Home Loans Servicing LP Address: P. O. Box 10221 Van Nuys, CA 91410-0221 Phone Number: 1--800-669-6654 Fax Number: 1-805-5n-3432 Contact Person: Melanie Ca"iIlo, MS SV-34 Attention: Loan Counselor EFFECT OF FORECLOSURE SALE - You should realize that a foreclosure sale wjIJ 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 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 CALENOAR 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 UNOER THE FEDERAL BANKRUPTCY LAW. Pursuant to your home loan documents, and because the home loan is in default, Countrywide may, at its option, enter upon and conduct an inspection 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. EX&'~i~{3iT ~A- ~ I ,""""'''''''- T ~ ~~ 1~~"'""'~ I 'f"~ '^',:;:i~<~ ".__ I..., "","..^,'. If you are unable to cure your default on or before September 4, 2001, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: Reoavment 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 1,7 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 Prooertv: 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 tree from other liens or encumbrances, and 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 inlo 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. 1Iteta.eie ~ Melanie Carrillo Loan Counselor 1-800-669-6654, extension 7556 Please be advised that this communication is from a debt collector. EXHiBIT A ~, , I.' , ' ~~ ~,~ "~~ PENNSYLV AJ'IIA HOUSING FINAJ'ICE AGE:'ICY HOMEOWNER'S EMERGENCY ASSISTAJ'ICE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) Lycoming-Clinton Counties Commision for Community Action (STEP) 1138 Lincoln Street P,O. Box 1328 WlIIiamsport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CLINTON COUNTY cccs of Northeastern PA 1631 South Atherton St, Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 CCCS ofNonhe:lStem PA 10 I Basin Street WiHiamsport, PAl 7703 (570) 323-6627 FAX (570) 323-6626 COLUMBIA COl':'<'TY 1400 Abington Executive Park Suite 1 Clarks Summit PA 18411 (570) 587-9163 or (800) 922-9537 F.A.X (570) 587-9134-9135 31 W. Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzerne County 163 Amber Lane Wilkes-Barre. P A 18702 (570) 326-0510 Dr (800) 822-0359 FAX (570) 829-1665-{Call Before Faxing) (570) 455-4994 HazeltDwn FAX (570) 455-5631-{Call Before Faxing) (570) 836-4090 Tunkhannock CRAWFORD COl':'<'TY Greater Erie Community Action Conunittee 18 West 9th Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 Booker T. Washington Center 1720 Holland Center Ene. P A 16503 (814) 453-5744 FA-X (814) 5749 John F. Kennedy Center, Inc. 202l East 20Lh Street Ene, PA 16510 (814) 898-0400 FAX (814) 898-1243 Shenango Valley Urban League, Inc. 601 IndianaAvenue Farrell, PA 16121 (412) 981-5310 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717)541-1757 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 WestJ'uStreet Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 .'G" Street Carlisle. PA 17013 . (717)243-3818 FAX (717)731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle SI. Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYL V ~'1IA BULLETIN, VOL. 29, NO. 23, JUNE 5. 1999 EXHIBIT A '-"~1~_,.,,_, All thot certdin trdct oE land, si~uate in the Borough of N~wvitlel COl.l;l~Y af CUJlbtr181ld d~d Cvm,'non"'~B2..~h 0: ?'~nnsyl'lll.ni~\ more particularly bounded and des~rib~d ~s follo~s; BEGINNING' at the nOrChlo!Bst cornet;' of Railt'Dtld and rairfield Streets; thence norch~6st along Railroad Street (now known as Big Spring Avenue) '0 feet 3 incl\~s to cornet of Lo; ~lo. 10, no~ or formerly of S.E. Shenk: then~e south~Bst~ardly by said Lot No. la, 140 feet Co on alley; thenc.e by said alley south....e:;:~!'ly 40 Ec.;t 3 inches to rail"tiald Stt"ee.1:. (sornat.imes l:.&lled. Vine Sc'Ceet}; the;nce by sa:id " st'Ceet. '140 fee;t to the place DE BEGINNING. BEING improved wich a 2 story brick d~elling house known as No. 70 Soueh Big Spring Avenue. AIKIA 70 WEST BIG SPRING-. A\iENuE BEING ene sam. r."l est.te ~hich Dorothy E. Wallick, wido~, by deed dated November 11 1963, and recorded in Cumberland Count.y Deed Book II A" . Volume 2-1, Page 380. granted and conveyed to Mark Ii. H~berlig and HAr&ar~t Hebcr1ig, his wif~ a.nd John f. Hcb~rlig and Alice Faye Heberlig, his ....ife. Mlirk H. Ueberlig died on t.he 23rd day of HaYI 1977, thereby vesting his undivided interest in his surviving spouse. Morgsrec Hebcrlig died March 31, 1985, h~vio8 fir~G made her Last Will and Tc~tament d~visin& and bequeathing h~r entire E~tDte LO her son, John F. Heberlig, ~ho. with his spousa, Alice Faye Ueberlig, are Crantors herein. 0" .'~'^ ,- "~r ."-" . . 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 unsworn falsification to authorities. DATE: IfJ/ ~ L(/()j ",W\.~~!i!Wlm_"1}r~ " " ~ -'l~ , >-~ ,. -.-"'_c ,. " '~-,--....-", -'~""'-.."""~'-~,-"-",,,,",,,,,,, ,'~, '""'"'''''''''''"'l"'' """"""Ii'ifllr Ii ... ruli~V'tr"1r;ilr 1'? ~ Ii;) ~ -to. fl ,Crt .t- O & , ~, & 0 L_ ~ 0 ........ ~ ~ c ..... ~ :~-:1 ~ ~ / ...,J C ,~:; m'"~ J0 1T!f, ' .... f ~:t_: ....... ~ ~~ i".) .. ...0 (" .I. ,...::' =.<::' "-l) ~ ~. !;; C) "", t:1 ~c:, -" ",'U s:;) ?C :2~ :..) ~ ~ <:,f'" ~ - ~, ~~- J~~.~"":"~ ' ~~~"'fi!!!l'1;W'~'I\-;''''f-v,~""","""~9'''''IC;''~f>,...,!-,,t-:,,,;;,~~,:;--, '",,"-.J'<f<!f,i.iit,"i>'?ii"1<;i;w.~~,~<,,_>q"h;""!1'T~'~'" , , --l~'.ft"F#"1*~io'jj:f' ~- SHERIFF'S RETURN - REGULAR CASE NO: 2001-06190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS BETTON KELLEY S DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BETTON KELLEY S the DEFENDANT , at 1921:00 HOURS, on the 1st day of November, 2001 at 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 by handing to KELLEY S BETTON 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 Service Affidavit Surcharge So Answers: 18.00 7.80 .00 10.00 .00 35.80 r~~~~~ R. Thomas Kline 11/02/2001 FEDERMAN & PHELAN me this 9~ day of ~u~. L. / c2#t)/ A.D. () Ar O~ ~ ~~Jprothonotary'~ DO-lAT1'l t ~ Sworn and Subscribed to before By: Deputy Sheriff '''-'-i'JIM~m\ " ~. ~ /fllI!IIlll!ltl,.. "'~ ""","lil./'lIlRl "r - . ~~~C" " """".' ""',/H SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW COUNTRYWIDE HOME LOANS, INe. No.: 01-6190 vs. KELLEY S. BETTON 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: 70 WEST BIG SPRING A VB. A/KI A 70 SOUTH WEST SPRING AVE.. NEWVILLE. P A 17241. As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(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. 1--J;~J FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff February 26, 2002 >~ i."_ ,I)." e,"" C",> _ ~ ,,- ~ " 'I , "r-" " T)!'~ "~~, "" ,~~'~~- CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS, INC. No.: 01-6190 vs. KELLEY S. BETTON SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 <Affidavit No.2) 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 70 WEST BIG SPRING AVE. A/KI A 70 SOUTH WEST SPRING AVE., NEWVILLE, PA 17241: 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) 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) HOUSEHOLD REALTY CORPORATION, INC. C/O C T CORPORATION SYSTEM 1635 MARKET ST. PHILA., PA 19103 -'"~1'1i!W';r,,_.~_ ~ .. - .~ ~r ~ " - - ~. ~,~..." ~. ,,-"",.,. . . 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) None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. i }~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff February 26, 2002 -"1.-r~!<t,,_"o/"~ _^"~_~_" ,_,. . ~ '-"I , -~ ,. ,.. -COUNTRYWIDE HOME LOANS. INC. CUMBERLAND COUNTY Plaintiff. COURT OF COMMON PLEAS v. KELLEY S. BETTON CIVIL DMSION Defendant(s). NO. 01-6190 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) COUNTRYWIDE HOME LOANS. INC., 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 .70 WEST BIG SPRING AVE. AlKl A 70 SOUTH WEST SPRING AVE.. NEWVILLE. P A 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLEY S. BETTON 70 WESTBIG SPRING AVE. A/KI A 70 SOUTH WEST SPTING AVE. NEWVILLE, P A 17241 2. Name and address ofDefendant(s) in the judgment: KELLEY S. BETTON 70 WESTBIG SPRING A VB. A/KI A 70 SOUTH WEST SPTING AVE. NEWVILLE, P A 17241 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) None. i'W'-+__, '~':"_, ,,~, c-,. . . I - ~" ,i' . .~" " -~ 'j 4. Name find address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORA TION,INC. TO BE DETERMINED 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 70 WEST BIG SPRING AVE. A/KI A 70 SOUTH WEST SPRING AVE. NEWVILLE, P A 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 10. 2001 DATE {~ t~___ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff --"'~'~J;,~. _" - ,,'"-" -,---~"- . " - ." , I. - -iY=~ ....; g' ~ - - - t""' . - - - 0 '" ~. ct V> ... W N - 00 ..., '" V> ... W N - iig. "'. "," .j;o. 'ti:l )> ~o ~ - 1,.~ I(' ..., i~ ;:l. ~ = n' <II ii' ..., 0 ..., z z r~ c 3 \:,:;f$ C" ~ nA i' CD .. W;l ~ ~~. "\ " "'::t ,. !!.[ ~' ::to . ~ z 'l.~ a -C . ~i ~ ~rn 0 r&~ I:) ~ ... . tI1 > ~ ~ . ::t Q. Q. -~ ?'i -t "'0 a 0" >t""' ~dr ~ . ~ - :00 of:; '" " Ws 3 .. . = . 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'>~.~..;,;.=-"'" -,~ II " " .IS... -'?'.~ 1~~"Jf1\';-~n-: .:- t s: 1-" O'C" S-t"" ljl 0,".. ""I b[ ;. [ -. . J' - -? .~I . .(~ .. . i '::.:.:, i=- ~J I... r \~lli,mi ::: n"" ... -l~ ~ . Pi>. ~/...'w..t1. ~ J ,~ .,. i .. -'-', -, ~~ 60cd3ClO~_ i: ." f ----~--~--.J c ~ - n Q I ~ . I I I I I I I I \~~ .~~, ,''"j..", "-';--~,~" '! .~ . rIIfIIl ~ 11I!II'!I!lIII.....~:' 0>2 ....,"">> 00""3 '" .., '" = ~ fI:I """'= ~ "" "O-O>rj e:~::rtrJ ~-.JC1lt:l o..<...;"Otr1 ~~~~ F~Q~ ~i!~ \O(l)-tj -o..CZl~ 8'< c: ::c: ,tll""tr1 ;;;2a.t"" --~;:t>: ~ ~ ;:: -~.! ~~CZlL. g. ~ g, " 0 "" 00 " ~ 5, - - C'l" !..~ ;;-0 ~o ~ " ,,,.,......,. -~""''''- DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) KELLEY S. BETTON PROPERTY: 70 WEST BIG SPRING AVE. A/KlA 70 SOUTH WEST SPRING AVE. NEWVILLE, P A 17241 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. Sonth 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 -'Eo.~>1i~_" _ lfl, .' ~, . ^ 1- ." , . r::;;;j'(;7'J;;;'Witti: ~ ~" . . SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INe. KELLEY S. BETTON No.: 01-6190 ...... .' .. " true ..~DErtMAtfA~JlfpHEilN J;)\TTOiiff\lEY lFilE COPY PLEASE RETURN AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.c.P. 405 OF NOTICE OF SALE Ys. 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: 70 WEST BIG SPRING AVE. A/KI A 70 SOUTH WEST SPRING AVE" NEWVILLE, P A 17241. As required by Pa. R.e.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(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. 1--t ~ ) FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff February 26,2002 "'::r:f'l~~t,~.~"IflJ!M ,l!llUf~ "",If.i:"'~ O.M.. ,. :'1.=_ ""'" < 1"~Jaj,U},tj ~J 8~~'ti".~ f;ptljh:;;,b&("il.~~r h,TTOfU\JEY fU.E COpy . PLEASE RETURN . "'1'~~,nJ", ~ _ .' ~"'~'_O~_ _,' __'~_"" ,,"<'P' '--I - I . " , " - f , 1 , ,'q-!'q- lJI~_ ~ =~""~~~"'__".!~W _' o..U(llNn. Jlf,W._ _"_ ,~_. r "" ,< '" "~ ,. ',1,._-,'0.;;_,,;"" '",,- "--""~>""dCkC"i:'.~r-';;"'J"'''''"'W''''''''~'ijrJ[]='~'jrffii~f~tr->i;;--~i~1?g,fjii7,~ o c ~ <"0 q)~ ~~~ r:::t:'; 3> ,W_, ~" b(') :l>C 7' :"-=1 -< c~ p.....) .....) "-'--1 4 i~,~~~ , ~,:~g.~ - ....( {y~ ;:;! ~ -< -', rTi ---:~D 1'.) CO :t'.. <;' 1" .J:"' t:;s,. 8// '" ,.,~~~;!F'i-'(i';"'?""""!0iiCCTil;;"":;""~~_'~~,~~.~~~~.!fI~ii.l~~~~,~WJJJ~~'i,ib -.- . . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. No.01-6190-CV KELLEY S. BETTON Defendant( s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $75,022.54 Interest from 12/11/01 to 6/11/03 (per diem -$12.33) $ 6.756.84 and Costs TOTAL $81,779.38 ~!I/Jmk~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ;--'~_lll!!f!!_,_, ~~--, ~I"- ",~I- -~ ,t ~ ~_o ~_~_ . - -- ,- ~ . ,~ r~ - -', ',"" Co, "<"I~'-~~'~'-- c. -".,,", ><-' ~k-j_ --;"~-, ""0. """"""';""''''''1 "~-~",,."- 'm:rrr~1"'~'i(rtfl'Y~itr't' .... '<l' N r-- .... ~ r4' ... ... ~ ~ ",,;:$ r4' Z ~ o~ Z U 0 ~ ~> ... Z Eo< f;1;l~ ... ~ . U C ..cJ S:r:Il r:Il Q) ~ Z ~~ Z ~ ZZ ~ Sl OZ 0 0 f;1;l = .- '" Eo< '" l:l ~ ~~ ... "" = Q) Eo< .- r:Il ,&J o<l oj ~ f;1;l ... \~~ c ~ o~ i:l:l Eo< '"' ... uz 0 <Ii <Zi Sl~ i:l:l S > Eo< '" ""~ := ~ ~~ S r:Il \) 00 f;1;l ~~ f;1;l ~ Eo<U ~ ... ~ l:l. ... ... ot: Q) l:I:i~ ~ ~ "" = c \) ~~ f;1;l6 r-- ~ 8~ ~ 0; Eo< ... U '" f;1;lf;1;l Z ~ Q) ~~ ~ ;g 0 .- . < z~ u ~ p;. ...u >- Cl j':::: ~ ...;J .~,- ,~ :=> u.JI;_~: 9 .,' ::5 ~~ ~; :;~ ~, ~_?: .'~- <C ~e :::~ .- ", ,", (" 3~ -" . '" f:ij ;~ : I .. i~~l :z c LU F::- r;:O:; .:.:0 0.. .' ~ 1":- C''") ::J C 0 () a)': ~ ~ ~ VI ~J ~ ~ ~ ~ <} I ~ ()~~~g() tK:S~~~ - , , .. c:E I ..J ::r vi ~ 'b, o o .....: ~ :~r_-, ~~," .' ,-.~,,,,_."_",,!ftlt- -TIr dJ ""* i ",1Jl~ ~~!Ii.1lf1W ,_ ~~ ~ ~'," <ory,.l~~~F~,"'f9)"""';P--"'-"t:~?[P'i':""'"S,'l"";-''''f>'-'':"~"'~'<'i,~i"""lili";'i";"."'il!J'i",,~",-l~"-:r,c'_" , ~"" ,~"""_'_ ~ _ "'" ~r -, ,'" - " -', - " " . -..J ~ Ji 1 3 ul ~ ~ j ~ ~ 7i ~ --l ]]~~ iO"';';;"..<r-\'J"'JW1""~r~~~i u- . ~ L~' '~,!jK:~:;.lj:m_,f .~_,,,,,,,., ".-_:.:._"'_;'0'-"__ . __ "H" "~. ;/ ALL TI-!JI.'f CERTAIN properlY, SITUATE in Ihe Borough of Newville, Counly of Cumberland. in the Commonwealth of Pennsylvania, BeinG more fully described in a Dccd daled 08/0311993. and recorded in Cumberland CounlY, ra_, on 08/03/1993, among lhe L"nd Records of lhe County and Slate sel fonh above, in Deed Book 1.36, page 298. and ADDRESS: 70 West Big Spring Avenue, Newville, PA 1724t DIJJNG Parcel No. 28.20.1754.012 BEING lI1e same premises wl,ieh Jolln F. HeberUg and Alice Faye Heberlig, his wife, by deed daled AuguSt 3. 1993. and recorded in Cumberland County, Pennsylvania on August 3. 1993, ill Deed Book 1.36, page 298, granted and conveyed unto Kelley S. Ilellon, single person, in fee. SUBJECT to the same conditions, exceptions, reservations and restrictions as are contained in prior deeds fonning chain of tide. < ;"l . - "'~"""'", , ."', ~ FEDERMAN and PHELAN,LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD.. SUITE 1400 PHILADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION KELLEY S. BETTON NO. 01-6190-CV Defendant( s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff --""''''''~T~~'!i' __" ,__""c ~ o_~'"" ~- , t__ ., T ~ _, . 0, =..~ ^ .,.~ ,,_~~, _~. ""M _~ '>'__""" '"" ~~_,_>,~_ ,_ _,_ "'~_~ ~ ~ttr~nW<ifi(f"Fr t<<~;kf (') C) C ~j \"-1 ~:: ;',_:_i -- m [! ., -., Z , z r.:~ I (j) C-~, ,~ ' ~< ., J r::: C! "<) ~ :C", ., :ti Cj ......-. :..-.::~ /-, >2 Cl )> C) ::~) ,T1 ~ 2: C' ~~.::! :::;! -- C) -~ -< ~~-.". UL., ~~~'_o JU\Jr,'-!l'l., '_"~', " C_.1l!t:f_~~~~~,~~. ",,''''''~rT''''~ ~.~~<1t'"iT,~!'[<'i:K;~;':"'F"f0":,,,"""'Si'h-'0\{'"!~~iili'I;!:;)',*!f?:~~~;if$1(il,"l'_J!jfl"!';',,"~l%'~,'f_ ~t"l,.t~l;;i o \ . 0 COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. KELLEY S. BETTON CIVIL DMSION Defendant(s). NO.01-6190-CV AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) COUNTRYWIDE HOME LOANS. INC., 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 .70 WEST BIG SPRING AVENUE. NEWVILLE. P A 17241 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 2. Name and address ofDefendant(s) in the judgment: Same as above 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) None -~ ( , I~ ~ - . 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) HOUSEHOLD REALTY CORPORATION, 1635 MARKET STREET INC. C/O C T CORPORATION SYSTEM PHILA, PA 19103 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 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 31. 2002 DATE ~fl&n1c~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~-"""','or~,m. ~, 'fllf!. .-., .~- , .~ ~ '~",.~" .~, . T - ~, ~ . ~ ,->> ""'><"',,;,,;. '<>'~",_,,'_"'M'~"'=_ ...,,,,-, ""', "d'-.~]!f~ri . () CJ (J C C-) Lq ~ -0 LX J:I'3 ::.:1 rn [;' ~~.. ,;1J z "7 I , , ;-;-4 (71 C", , C::l ~ " :i.'l''' ::';1 ~~\ , ~j -<'~. " _i~ '-J (-.\ :,. C) ):=- C~ r;;, rn ::2..': ~_::: -~ ~ :b -< t:, -< _'!!"''''''_''__''_''~' ..0, ~~~.~, lr,ij!ij:~~~J1(Vi(lill! ,e,,,;,,",,,,,,,,~~~"'''E:,",< "'3'"f"F'''";~m-1W,n-~~''fJ,W,,,,,?''i&.t~-,S;!WIW,f?'~-'ir-#l'_;I'~H!\ih!t.>i~~J.\",],""~ '.',~ ~~" k'~ ^ . COUNTRYWIDE HOME LOANS, INe. Plaintiff, CUMBERLAND COUNTY " . v. No.01-6190-CV KELLEY S. BETTON Defendant(s). December 31,2002 TO: KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 **TIiIS 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, T1iIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at .70 WEST BIG SPRING AVENUE. NEWVILLE. PA 17241. is scheduled to be sold at the Sheriffs Sale on 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PAl 7013, to enforce the court judgment of $75.022.54 obtained by COUNTRYWIDE HOME LOANS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ")d''''''>j'<t;~,~~ ,,~,_~,,"\ ,,,,' J".' II.: w -~, r I 1'- . " YOUMAY 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 propo~ed 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, P A 17013 (717) 249-3166 (800) 990-9108 "!''''''WIlU'''f\:<1l,.4\", ." -"-, .'~' : '" r' 1-+ " ~ _ , c_~ ~ , ~ . .,'l",%'I>'l""~,_ , .~ ""'1""'1!'.' '".. J ALL TI-lJ'.'f CERTAiN properlY. SITUATE in Ihe Dorough of Newville, COlInly of Cumbertamt in the Commonwealth of Pennsylvania. Bcing mol'"c fully d~cribcd in a Deed d3lt:d 0810311993. and recorded inCumberbnd CounlY. P.., on 08/03/1993. among tlte Land Rcconls of lhe County and Slate set fonlt above. in Deed Boole 1.36. page 298. and ADDRESS: 70 West Big Spring Avenue, Newville, PA In41 BEING Pan;el No. 28-20-1754'{)12 BEING lIle same premises which John F. Ueberlig and Alice Faye Heberlig, his wife. Ity deed <lated August 3. 1993. and reconltd in Cumberland County, Pennsylvania on August 3. 1993, in Deed BOOk 1.36, page 298, granted and conveyed unlO Kelley S. !leuon, single person, in fee. SUBJECT to the same conditions, exceptions, reservations and restrictions as are contained in prior deeds fanning chain of litle. ~~~.." I ,.~'" I' " .s~- -i~~,=, .,'",-"'~ ,;;!~. ~_~ >,__,_4.Jl,__ "" I ". . ~, ]l%i"3:~I\W:,'i!iJ,l" :_~ i ij~ ':"' \' ,,)l)LjI1li:~F~"'''ijr~;r;'<t'"!;"~'':f''~''': - , '^ '~ - "*-' ,o~. "'I;_"""'--"H~_~_ ^~ -,~. --" W,~".;,,-,;""""t't__r '~: 'it" (') CI () C 0J , ..,,~ ~" ,- ",;j '0 ,~ ~~: rn n-' T z 2~ I (/) C' -< r-" '" "t_,~ :& e'_"_ C) -" , Z -.. (") )> 0 0 " f'C: C ~:::::i Z r-- ~:: ::;! ("'HI ~ Debtor Chapter No. 13 Bankruptcy No.1 02-01155 JJT NOV 18 2002 N c u.lLt CCO~~) ~ 1?,6S''33 ~t1J1441( UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA INRE: Kelley S. Betton Countrywide Home Loaus, Inc. Movant Kelley S. Betton : ~ veto1- (t.~ v. Respondent t u'nt AND NOW, this T ORDER day of /Pf~ , 2002, upon consideration of the Motion for Relief and Motion for Default of Movant, Countrywide Home Loans, Inc., it is hereby ORDERED that the Order for Reliefbe entered by default with respect to premises at 70 West Big Spring Avenue, Newville, P A 17241, to allow the Movant to foreclose on its mortgage, which mortgage was recorded in Cumberland County, in Mortgage Book 1511, Page 759, and allow the purchase of said premises at Sheriff's sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises. By the Court: IrJ John J. Thomaa John J. Thomas, Bankruptcy Judge cc: Judith T. Romano, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 James K. Jones, Esquire 7 Irvine Row Carlisle, P A 17013 FILED HARRISBURG PA . NOV 1 4 21m \:::'P Clerk, U,S. Bankruptcy Court -'~''-c''"<j,""".~_""_",,, _ """. "I ' ~-- , ~ ~~, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6190 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From KELLEY S. BETTON, 70 WEST BIG SPRING AVENUE, NEWVILLE, P A 17241 (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 attachment has been issued; (b) the garnishee( s) is enj oined 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) 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $75,022.54 1.1. Interest FROM 12/11/01 TO 6111103 (pER DIEM - $12.33) - $6,756.84 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $805.46 Other Costs Plaintiff Paid Date: JANUARY 6, 2003 (Seal) CURTIS R. LONG prothon~ p 7p '-Sy: UM..< VI.c:.;) Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SillTE 1400 PIllLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 12248 -'"-;':.-'""'-":;~;C,!._ _""f,_~Jf;, ~_ ,~ I - ~~". ~-, ~ -r 'F , ,-,.""~'r ~~ .~ .' .' >' -o,~_~"__ -~-'"'_",",;.,' ',""-"K' ,"_~,'", ,,,=,.,,,.~- "UlfIlIllil'LI1'1t1il1l riyoi1! f-S r r;." " L, .!"l'.~~,~^_,~jM!,~,"" ,=----,o!<l1~~\'I$,~_"""_'t.r '7 ,~,~JJ),~~~~!;,'~m;<'..:""'i*"-i'f-.'C-";~";F-~-:".!;{\~~;.:;:""';!\"~/;j:j~"iiF""~;;'~"<f"" "-'"G''''''~ ;\'~~Jl;o1C\'!":<;;'""1I-T.>F'";~i J .. , . ." AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INe. CUMBERLAND COUNTY KMD No.01-6190-CV DEFENDANT(S) SERVE KELLEY S. BETTON AT 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 KELLEY S. BETTON ACCT. #4130533 Type of Action - Notice of Sheriff's Sale Sale Date: 6/11/03 SERVED Served and made known to ~i S", 6 <<0*0 \J ,Defendant, on the ;2./ S"I- day of ~IJ' .200;] at t;:/O , o'clock#.m., at ?~ ~ (3'.5 <)r~;""') h\l~.; PJQ.IA.lI/~\['(.. .Commonweaith of Pennsylvania, in the manner described below: )< Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant( s)' s office or usual place of business. an officer of said Defendant(s)'s company. Other: tb:5 . /I 1 I Desc7ption: Age3!L Height~ Weight~ Race Wk SexL Other ""'5 1016r-1.,L kS~1t I, C t O)J('t.II-JCL L , G~1- '3:.1t a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the N tice of Sheriffs Sale in the manner as set forth herein, is" at the address indicated above. NOTARIAl. SEAl. ELIZABETH M, JOHANSSON, NolaJy Public Greene Twp., Franldin County My Commission ExpiIes Dec.19.2005 . S OF SERVICE ATTEMPTED. Sworn to and subscrib,gd befw:.me this ~aay of J~'\J:..(!.(-;200.$ ~~ Nota . ~ By: ~ATTEM~EAS .1 CA NOT SERVED On the day of , 200~ at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: 1 1 Time: 2nd Attempt: 1 1 Time: 3rd Attempt: 1 1 Time: Sworn to and subscribed before me this _ day . of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - J.D. No. 12248 "':'""'*'~wm,.,,, ',,, 'C:'" ~, - . ~ .'''"''1''__~ ~'""'=,' ,.""-~"-,,<.-,~,,,,-,- ~d''-h' _~_~ ". ~~ C) C ? --JtT "'I' '"'2"." -~' ,,-. Zc.. ~.~_:~- r:: ..~- J>C z" ""-'-' ye" Z -; -< ....~ ...... -.. 'Hv~T'iJT"n1f" , . '.. . ~_D ,-',:,---' L, ;',') u;, _. ._~ ~i~ --:::::,rr'l I~ "< ._ ~ Jf!Elli~'!"Rr]., ~,~, ',' ,1.1Iil~ll;~~;iiPmqW";.--"."".;;,,q~'1t-W>'H-l'?'c'i":;"'~;"'l"~i!f'-<i!l'j'If~""*"~iC,,,,,,"iM'~':l'1'i'~m~_~",,~~~;, , . IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA RE: COUNTRYWIDE HOME LOANS, INC. ) ) CIVIL ACTION vs. KELLEY S. BETTON ) ) CIVIL DIVISION NO. 01-6190 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME LOANS. INC. hereby verify that on Januarv 6. 2003 and April 22. 2003 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "An attached hereto. DATE: June 9, 2003 -::t?tnYLl1'pdflJumYJ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,_.,"-F""":"~,.WoJ!'J"~),_~_ _ ,.. . '. ~ m_I~'_ r~~ ~~ p ,- --T~ l ~~ """"",,_w,,~ -0'-; -.0 . ~Lr; o _ " z '""0 u:;' 3 2.[ "'0 '<~ '" 2- " " ".-; " 0 g g. ~. Z 0.0 ~g. -o~ ~ 0 - ~ O~ Sg o " " " ::>::i t"l ~ ..., ~ ~ &i ~ t"l ~ 'It ~ "" ~ "'-0 .g ~ -3 o _ '< " 0_ i!.~ .., ~ ~ Ii s, ~ " ,,' s. 0<> I .... '" .... ... .... w ~ i::i "-",",, ~I i t ,. I /'7~/ i -"",,_ , ---~.- <1'-" ,- '<-.,,: ...~: -r .... IV -'-' .... .... .... o I '" ..., '" ... IV O>Z ""'",,, "''''3 " ... " r:=m~ ~ ;- VJ :1 ... 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'"'. j~~ ,.~ 4-~/ %>... iP~.'~ '......... -- 1'. # -: ~AIiIESF ~ ~ P010IEY BOWEs $ 01.800 0004300377 APR 22 2003 MAILED FROM ZIP CODE 19103 '~""""',""'"-""'-we ~"""'-~~~Iffl-r "IL _ .~~ ~ ,- "~~,"~~"- 1 ., ;~"1JI.l u~ .RU _._,~, ~~., ..[rJ!I~,. -~ '. ~~~~ ~ -~-~,~~- ~,--",,~<- "" (j C <~ -00:; S"P cr' f~~--::-~ r::t i~ ~ ~~ p.~~ :::::j -< ~ .~-. "[iii'iljjlitn"I("~o~irl1 . c=:,. <'0 o -11 ;.::= "-~'''' :~J "~Il 'F:=:: l}tTj ..~, ~~) "~C) i~1 ~~2 :D .'< c-' C ~_~ ~~~1'~""~~""\"_ :wr,N8~roJltt>~"""' ,~A~~~il$~1!I j!N1flJ~i'HiiiKW;~":'>' .' ,-.. 'H5'<1''''j\j,1~i'~W.~Jl1~$.~~i!\i{!ifjW~fi~~1'~i~!'J!1M!1~~jr' ;~ '." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. No.01-6190-CML KELLEY S. BETTON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $75,022.54 Interest from l2/l2/0l-MARCH 3, 2004 (per diem -$12.33) $10,024.29 and Costs TOTAL $85,046.83 ~~~.J:.offu~ ' FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103 -1814 Attorney for Plaintiff Note: Please attach description of property.No. "'-V~",,'''''''fJ\-~> -'l '''' """':'""" -~ ".. ~ -~ ~ ~? 1- ~ T~ .:~"",, " ~ '"~d,,~'" ,.. "-,=" <." . .-< trl M r-- .-< ~ roS ..< ~ ~ ~ Z ~~ Z ~ 0 ~ .... ] U f-< " 00;;> Z );l Z ~ ~..< .... u i:::1 ; . ~~ '" f;I;iI;;.. 00 .~ j:l., <l) S:oo ~ Z f;I;iI ~ 00 .n Z~ 0 '", " iO' ...OS - 0 f-< 0.. 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",,;~,i"I; - ~"'"" ",,"~,''''''' h _ -~- ~~ ; .! .~,-, ,- --- - -."- -',,','''-'' ;I ALL TI-!AT CERTA1N PI'OJlCCly, SITUATE in the Borough of Newville, County of Cumberland, in the Commonwealth of Pennsylv.nia, Beine more fully de.eribcd in a Deed dated 0810311993. and recocded in Cumberland County. Pa., on 08103/1993. among the Land Records of the Counly and Stale set fonh above, in Deed Book L36, page 298. and ADDRESS; 70 Wesl Big Spring Avenue, Newville, PA 17241 BEING Par<:el No. 28-20-1754-012 BEING me same pcemises which 101m F. Heberlig and Alice Faye Heberlig, his wife, by deed Oated August 3. 1993. and recor<led in CUmberland CounlY. Pennsylvania on Augu.13, 1993, ill Deed BOoK L36, page 293, granted and conveyed unlo Kelley S. Bellon, single person, in fee. SUBJECT to the same conditions, exceptions, reservations and restrictions as are conmined in prior deed. fonning chain of title. , , I ~"""" -r' / ""Ie -" WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (8) NO 01-6190 Civil CIVIL ACTION - LAW From KELLEY S. BETTON (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 gamishee(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 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 hirnlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $75,022.54 L.L. Interest FROM 12/12/01 - 3/3104 (PER DIEM - $12.33) - $10,024.29 AND COSTS Atty's Cornm % Due Prothy $1.00 Atty Paid $1,341.99 Other Costs Plaintiff Paid Date: OCTOBER 28,2003 CURTIS R. LONG (Seal) Prothonotary n ~_ ~: il~-. c,... ~~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SillTE 1400 PHILADELPIDA, PA 19103-1814 Attomey for: PLAINTIFF Telephone: 215-563-7000 Supreme Court tD No. 12248 -'*Jli'le"'i&"\t~"""~'re-' , _ _" w_ ~ I -r- ~.~,. ~ ~,M~~=' ,,~ - " ,. ~ COUNTRYWIDE HOME LOANS, INe. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. KELLEY S. BETTON CIVIL DIVISION Defendant(s). NO.01-6190-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) COUNTRYWIDE HOME LOANS. INC., 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.70 WEST BIG SPRING AVENUE. NEWVILLE. PA 17251. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, P A 17251 2. Name and address of Defendant(s) in the judgment: Same as above 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) None -,,,,,_~.,~,,,;~~,,'L}, _ ~ , .~, ,. < - '-- f'- ~~ -" ~ 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) HOUSEHOLD REALTY CORPORATION, 1635 MARKET STREET INC. CIO CT CORPORATION SYSTEM PHILADELPHIA, PA 19103 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 70 WEST BIG SPRING AVENUE NEWVILLE, P A 17251 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 15. 2003 DATE ~l2-IlLLJY'LO f'I.-- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff "-~.''''r,w,!~,,-.:t!'. , ., _ ~""'''' .~<=, ~_. ~. .......,.,...... ~I."''''.~ , '~t,. ,'._".0'_"" ',-, "'",,' ,~~_ '-,0 ""~,--'<~.,_''''_, .,,~ -,-.,,~-.., '...._M IIIiHUUu niWfi-I'1JITmt"W e e, 0 l:...) - -n 0 '-j n ffi:n -of ,." ...... -om co ~o'7 00 :Do :::;1'.,.. ~8 :II: '--+1 t:J- '? ;:':0 ~ Om -,.; w 3i5 Ul -< .... ~.'T~ _'_~~' _ "~, ~'" .w-~~""" ~,,~~~{J!I~~Plf~~4!l?~m;!%t~i>1\M)"@51V"~f1'-'l}n~-""1'h-,q"-1 ',,]: 'k1milil;f-i,,,wv,~ml~0":J<;(1T"""_G1_1'~<f}..,;:ri"""?}ij!f.l~~~~:IT~JiIf~j';- FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INe. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION KELLEY S. BETTON NO. 01-6190-CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. J;ui5tR~~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ^ ''''l@'''<1~M< ~e ,0;> "~' " """<,.,11111_ ,'.V)e,1\1 .~ ~-" v, ."'..;.,.,~~,.... '- -,- ~,-"" """,:,~"...,~~liIl1t~,;~,,~.,'?'n,'f;"''''\--'!''"'^'\-'''' . " ., -,- """"~".'~' , ,.. rH,nO" ""N L ,"Yl'iii '~',"'t'T";e ~-, ,""-,,.,; t c ~ 0J 0 ._-~ n ff:i:n '..... . .r- . ':i N ~gm 6 co 96 ig > :J::-::r.t :x q- :'-,.,0 S' p':::)m ~ ==t t,o.) it (J1 -< "'C"1';""'8k'ft"ffiijJ!:;F;'\"~W!:tr~c''';:f~~!*1"\,'~~al'iiJl;'i1''!\'L''t~~\ Debtor OCT 012003 q \30533 000J\ tt~vJ~bJ. 'i'PNMflj( Bk. No.1 03-03460 MDF ['('\1 ~'i,us'\ ~ cc.ffS IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: Kelley S. Betton Chapter No. 13 Conntrywide Home Loans, Inc. v. 11 U.S.C. ~362 FILED HARRISBURG PA SEP 2' 2003 .~ r Clerk, U.S. Bankruptcy Court Movant Kelley S. Betton Respondent ORDER MODIFYING ~362 AUTOMATIC STAY AND NOW, this;J1 day of ~kr, 2003, upon Motion of Countrywide Home Loans, Inc., (Movant), It IS: ORDERED that the Automatic Stay of all proceedings, as provided under ~362 of the Bankruptcy Code II U.S.C. ~362 is modified with respect to premises 70 West Big Spring Avenne, Newville, P A 17241, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises and ORDERED that Rule 4001(a)(3) is not applicable and Countrywide Home Loans, Inc. may immediately enforce and implement this Order granting relief from the automatic stay. /s/ MARY D. FRANCE U.S. Bankruptcy Judge cc: Judith T. Romano, Esquire One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 Charles J. DeHart, III, Esquire (Trustee) P.O. Box 410 Hummelstown, P A 17036 James K. Jones, Esquire 7 Irvine Row Carlisle, P A 17013 Kelley S. Betton 70 West Big Spring Avenue Newville, P A 17241 ';'~"":';''''7''1.l>:>lli ~ i}, ,+ I ,~._... ~" r ~,~ f' <'. '" . COUNTRYWIDE HOME LOANS, INe. Plaintiff. CUMBERLAND COUNTY v. No.01-6190-CIVIL KELLEY S. BETTON Defendant(s). October 15, 2003 TO: KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, P A 17251 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 70 WEST BIG SPRING AVENUE. NEWVILLE. PA 17251. is scheduled to be sold at the Sheriffs Sale on MARCH 3. 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $75.022.54 obtained by COUNTRYWIDE HOME LOANS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. "~~C;;~"~J! " I. , --.~ ". 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 EVENIF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriffthe 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, P A 17013 (717) 249-3166 (800) 990-9108 _,"W.;".","~~~ ~" _ -,. .. ". "~ ......- '" r -'-t..~ ".' ; t '\0. "-." I -',~.i",,,"~~ J, ALL TI.!.A'f CERTAiN properlY, SITUATE in the Borough of Newville. County of CumberlamL in the Commonwealtb of Pennsylvania. BeinG more fully dc;scribc:d in a Deed d~u:d OM03/1993. and cecoc<led in Cumberland County. Pa., on 08/03/1993, among Ihe L.lnd Records or <he Caunly and Slale ..I forth above. in Deed Book L36, p.se 298. and ADDRESS; 70 Wesl Big Spring Avenue, Newville, PA 17241 BEING Parcel No. 28-20-1754-012 BEING the same premises which John F. IIeberlig and Alice Paye Heberlig, his wife, by deed a,led August 3. 1993. an<! recorded in Cumberland County. Pennsyl"..ni.. an August 3. 1993, in Deed BOOK L3ti, page 298. granted and conveyed unlo Kelley S. Oe([on, single person, in fee. SUBJECT to Ihe S1lme cOndilions, exceptions, reservations and restrictions as are cnnlained in prior deeds Conning chain of tide. .~ ,..p_<. ,.,,,c.,". '1-''"!''''~ I"" ~, ~ ,",'4' -- " -'-T(~rr .!ffc .. " '~ C) g (..) 0 ..-1 ".~q1 n I-n -< rl'"1;= .~ Z~ N ~~~ a:> ;.'~ ~6 '''' :';J. . :;0. 6'+\ ig ::II: ? :z:~ Cl -I ~ '=-" ~ (1l ;5 ~ ~. " "___~_..,,c,,,,,""::i,,__,_ _ ~'I1l[-,"",.l ~l~fijJAlliJ,"'P"~~" ,:!!RIjlml_~~o~ii\W~~~If1il'w~iJ1)'~';l7-""-'~'~"'i-~"U"\"':",-v ;"___,;"~;,,,,_'h" AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INe. CUMBERLAND COUNTY PIT No.01-6190-CIVIL DEl<'ENDANT(S) KELLEY S. BETTON ACCT. #4130533 SERVE KELLEY S. BETTON AT 70 WEST BIG SPRING AVENUE NEWVILLE, P A 17251 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 3, 2004 SERVED Served and made known to K € \ \ ~ 1 s. e t~"t-I ,Defendant, on the at "J)"! if L o'clockf?m., at,70 to. Tb ',~ Sf'(~ f'J~ ~"<c.. / of Pennsylvania, in the manner described below: {L.. 6<(0 dayof OciobfV ,2003 ~ e\1">v"\\ ~ ,Conunonwealth Defendant personally served. \ I , 'i7-- Adult family member with whom Defendant( s) resider s). Relationship is \A...., &'0:0-.... Adult in charge of Defendant( s)' s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant( s)' s company. ~. . I J ~. Description: Age :3 ~ Height G? r Weight Jh- Race kJ l.. Sex 11- Other Or-:-; l1'IK- .... '( I, C ~..........~ \..., C..v~~, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscri]J.ed before ~ this ~"day ofClc:~~. .200", /YJ~ NOlary:~cJ~ In ~:~ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DA & TIMES OF SERVICE ATTEMPTED. . Li!loV'l'fA .(3" l\ i f'.J":)1'V'" Other: NOTARIAL SEAl. El.lZ'ABETH M. JOHANSSON, NoIery Public . -Greene Twp., Franklin ~ MyCommi8alori ExpIres Dec.19, 2005 NOT SERVED On the day of ,200_, at o'clock_.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: 1 1 Time: 2nd Attempt: 1 1 Time: 3rd Attempt: 1 1 Sworn to and subscribed before me this _ day of , 200 _' Notary: Time: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 '-,"'f"'%~.r,"""'~<i'">!>'l'~ ~,~ _. ~ H~ I _. - , >>- A H ..... I"~ - .,~"-, -,~ -",.",,,,. '0' '_",~C_, ''"''~ ~,''''';I ~> "'X'"""~'';';';'<M,ot=''''''fllrOl(''!''~'\ ,21'" ri"'"'' ,-~ ; 'l~' ....~. "",t;:;) ~ .w z :J! I ~ roW ..., ~~ tJ1 :I.. I~ "," .Ii w .. J CIl, ..~ . . ~~ , . , ;~iI!6U c_~ 1;I~:,"l@fjJ:l'CJ1~~~~m-~J~~~~t~liit\M!l'OLt-f..~~~'W'~:l!ll!m~l___1W,~ii1,;;;,~~,l'iF~t;W;,r!?),~~",\\,\;W!"q;;;1l'{NWJt:t~!~~<#~~iiim:&,1i'''ili'~~3\:~"'' ,- -~.-'"> ~'"". _'''~'''I'l~ ~ "" - .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. ) CIVIL ACTION ) vs. KELLEY S. BETTON ) CIVIL DIVISION ) NO. 01-6190-CV AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME LOANS. INC. hereby verify that on October 16. 2003 true and correct copies ofthe Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: January 26. 2004 1Jtav1jL ~(MI) FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff c'<'," . 1'- ~ ' - , . , " '"tit~~ '" 0>2: "'-< I"" "'~8 ib"O - - ~r CfJ~ o ~ _ :0: - - '" 00 -.J '" U, ... 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(") ~ r& ;; g g" - CIl N ~o ~ ~ ~ 0; ..... ..,~""'O -~ ~g.g5~ [P~ii CIl "" ~ f(l .~ 0 lit"~,~f@"1;l" 0; ~ 0; " ~."O {1l g~ r< ~ ...., o '" .... 0" -' ~ ~ ~ il ';; g ..~, - oO"op. -.J .....n';gp. 8 0 N 8., ~ 0 .~ u, '" .~ <: ~8 l:l .~ U, -.J ijN ::IE- _u, ~~~~g: CIl ~ (") o 0 ~ ~ "" ...., ~ a>~ ~ on ~ .~ .... ,e::.ttl g" tIj @ El ~ II> ~ 1l. ~ " it >! CIl CIl ~ S.~ S ~ 0; J;; ~fl'~~ ~~i~ -.J -~ il g ... ~ -.J "" _ ~o 0 :> -... 0 '" W~~!l -.J ~ - a", ti1 "" -.J !lJ.~~" I J4jJ,' .". 0 - ,\ , 'lfi! - '" &n'ti1a- , \,. .... .gg8[ ..~.,""::,>?_;,'f ~",ilil -iL, ~,,1e.sP~ ~.~ g.~ .f? " ~ is: S'. .t>~~_ il !hi ~ z',,_ ~c!1lno . ~ 3 ::> -~~ ~ 0 0 ~PITN~ g [~~ 02 1A $ OW€s ~ ""s. 0004300377 01.800 ~ ~'_~ 8- ~. s. g g MAILEDFROIIA ~IOV 18 2003 ('> on Oq' ZIP CODE 19103 d 8~ ~g 'g ~ ~v;'-E.~ g ~ g a> - ." 1',-" ,,","""" , .np,'9!Il _! ~ <__III ~, , '. ~_ ,~,._,. "__. Ji'IIU ~ ~,,- <~~ -. "', "., "e,'.",,- 01"" "."" - --"-'~-"""N',- _'_""""<"'''"''''''~'_'''';''~''",'':?i";-""_''_,,, -.,- TY"'x,;w"" -"'-~~-'" .~t..:- ~-~~fii( ~~1"'_' '-~ '.-" 'Y'J!itr-'~~"; .' . ('> ...., "'" ~ c:: <= 3::: .c- ~.qj <- ~:n > ~.~. z ~hi .$;; '" ""- en ~~ 0 ~8 -0 ;ij ::x (') ~ ~ Om """' 0 55 C) -< ~ ,.,... ~ ~-' -, ._"~,",,,,,"i'i!1!!~~?11""';i"T""~"">1"':!'-'-_-Pi-~_,-;e;"'-'J"o;,"O":":':"'<l";"1!nK'l!~~"'l'ii""i'CH&;"~"'W:':'l''''''~m''W:!''h'it,''p.~~~ " FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ~ ATTORNEY FOR PLAINTIFF JAN 2 :I 2004 G Countrywide Home Loans, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Kelley S. Betton CIVIL DIVISION NO. 01-6190- CIVIL AND NOW, this 3r&- RULE day of ~ if 200)1, a Rule is entered upon Kelley S. ,Betton , Defendant (8) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE tRi~ JaJ ~f ?oo~. /D~~~ BY t~~ fC\~ II'O~ O~-O'1 '1;~,~~~ '.'~' ,.,- .1 "f"'^""""'''''''''''''' ~ r- >- ~ 0 ~ wO ..:r ::J<( (,)2 :lC q.Z ~i a.. 0;,:,:: i:l:::l C") 2;>- I .c, t/) ~1:1.1 ~.:.JZ CQ cr.:Z u..j!: UJ u.JW 1.0.. O~){L t5 ,.;:r ~2 = :5 = C) <XI ,~... .'~. . .... .n ~,_~",!!lII!Il~~^ i,"'''CMIjj';I~,iiflJ. _ ."""", <-, , ".'-, ~- -, . .. ....,-....-... "'.];fr','OII:">'" Gbt~ ~Cj ", " "~~"",~mr'ii!",,,f\J!~;''''l1''D;''-'''i'i!~n,''''-''~'';>:-\1~~*,P~fi!~~'~~ffl~~~~_:- -,-""""y~- FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Countrywide Home Loans, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Kelley S. Betton CIVIL DIVISION NO. 01-6190- CIVIL PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon Kelley S. Betton, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. FEDERMAN AND PHELAN, L.L.P. By: ~ R... :::- , Daniel G. SChm~~o~~~e Attorney for Plaintiff . ~o <, I' r_T . 1-- :" FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Countrywide Home Loans, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Kelley S. Betton CIVIL DIVISION NO. 01-6190- CIVIL ORDER AND NOW, this day of , 2003/ the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount May 1, 2001 through March 3, 2004 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 70,300.35 13,966.48 72.36 1,950.00 1,417.00 2,706.69 0.00 0.00 0.00 0.00 TOTAL $90,412.88 Plus interest per diem from March 3/ 2004 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. "';r'~;W,".~ ~'r'. , , .~ -~~ " "r~~. 1 :~_." ~ ~ge"',-'-__ FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Countrywide Home Loans, INC. vs. Kelley S. Betton ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190- CIVIL AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on January 15, 2004. Kelley S. Betton 70 West Big Spring Avenue, Newville, PA 17251 DATE: January 15, 2004 FEDERMAN AND PHELAN, L.L.P. By: Daniel G. C Attorney for '! . r' --, .,..... FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Countrywide Home Loans, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Kelley S. Betton CIVIL DIVISION NO. 01-6190- CIVIL PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its AttorneYI Federman and Phelanl LLP and Daniel G. Schmieg I Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered December 121 2001 in the amount of 75,022.54. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s} filed a Chapter 13 Bankruptcy 03- 03460 on June 10, 2003. The Bankruptcy was Relief by order of court dated September 29, 2003. 3. The mortgaged premises are listed for Sheriff I s Sale on March 31 2004. 4. Additional sums have been incurred or expended on Defendant (s) , behalf during the time the sale was postponed or stayed, and Defendant(s) have been given credit for any payments that have been made since the judgmentl if any. As a resultl the amount of damages should now read as follows: 'i""'i<","');;i"""" I " ~"~ , ' ~ Principal Balance Interest Amount May 1, 2001 through March 3, 2004 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 70,300.35 13,966.48 72.36 1,950.00 1,417.00 2,706.69 0.00 0.00 0.00 0.00 TOTAL $90,412.88 5. Under the terms of the mortgage 1 which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1511), Page (#759), Plaintiff is entitled to judgment in the amount as set forth in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. FEDERMAN AND PHELAN, L.L.P. By: D leI G. Schmieg, Attorney for Plain -2- -;-~''''~>='i'~'''c" _" r' " ":-"1" .., . .. ~~ ~~~, -''''~~~('!~-~' ~- VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ,4904 relating to unsworn falsification to authorities. FEDERMAN AND PHELAN, L.L.P. DATE: January 15, 2004 By: Daniel G. Schmi Attorney for PI I ~....~. ~I r ~~ ~ ~, ~. ,~ ~ ~ ,~ .-,._IJl!'lII'~ ,~, ~ ~"' .". ,,'fT!'!. ". ,.. "l ''''''''-''-'''~ti:',''Fj :1' '""" .~~; .<0'" '-- o -n :J: -n-W ff'ip ~nr'l-" ~:~l C~~~ Q\:1 ;:'?:~ :?t: f'~) r-.] :'-J r",.:/ ---< o .' ~. '1_~:JJ~~t<it~.w\'~'(;~~'''''f7",-'''~T'",'',.'':''-m:.",-m,,;;:r~<M''''WP'Kl''-l!AA\:;:""'-<!I~~)~;;:lWi$~~ ,",~,n~~"'- F -~- , ~, .~ JAN 2 3 2004 FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Countrywide Home Loans, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Kelley S. Betton CIVIL DIVISION NO. 01-6190- CIVIL BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant (s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant (s) agreed to pay Plaintiff principal 1 interest, late charges, real estate taxesl hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff I s Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s} defaults, Plaintiff may pay any necessary obligations in order to protect its collateral 1 the subject premises. In the case sub iudicia, Defendant (s) failed to abide by the Mortgage Agreement by failing to tender numerous 1 promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant (s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes 1 insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSESSMENT OF DAMAGES The pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however 1 Rule 1037 provides, lithe Prothonotary shall assess damages for the amount which Plaintiff is entitled if 0"""-,"'''''",,"-'''",,,""",,- ~c'~ " r --~ ~ ,~ - W'" ., " "',,,*4>C',!~ .. ~^, , ,,-',,"' it is a sum certain or which can be made certain by computation... ff In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super 1988) . In Chase Home Mortqaqel the Court stated that where a judgment has been assessed following defendant1s failure to file a responsive pleading in a mortgage foreclosure actionl a mortgagee 11... could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971) . Plaintiff submits that if Plaintiff went to sale without reassessing damages 1 and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. ConverselYI a reassessment of damages will not be detrimental whatsoever to Defendant (s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage -.. , I ... changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff! s Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986/ NO. 2359 (CCP PHILA. 1986). In. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the petition to Reassess Damages. FEDERMAN AND PHELAN, L.L.P. BY:~- Daniel G. c lre Attorney for ;"~"""".~,'W,~~ " '1""1""'l"""-~ , 'I ",,,,. ~':~"'V~~'-'>'l'"'~l , . ......~.......-'~L:~ :.:.~ -, '1 ~=-U- -Z. --- /-1~';3/~ 7~O~l~r... NA'!'ICN.i\!.. HC3.~Gl....G::: AS SGC!A-:'!ON . COG!'.:: c:: 'CO!"'~OH P!...E1\S ?M!~~~~?tl~~ CC~"~ C!1in. 1'!U~ DIVISION VS. - JOSZ2ll .JEFE'E...'tSOtl' c.ne . Rds'!'~ ,.]'c:~:tiSbN'", . his" w" r:s ,,!,~"!.t. !98'2: 2359 l~Y NO. ;..r "_-~i;! : .- I I I I , lqaii, I OR::;~ .".NO opr~!Ot.{ ,'is:1~~'1 ,J.. 1\..\'10 N()(~, t.'lis - - rr day at ;,-. . rea UD^n cO'n' si~-~~-;on 0= ~'~'n-;~~ " ",4 ___~___ _, -:- ...__ __J.._" =e~c=al Na~ional Mc=tgaqc ~socla1:iort'.s ~etition f:Jr :teaonside=a~ian !'iunc ?=c T'..lnc cf. t~is Court' s O~de:- 0:: ~cvan6e= 7, L985 ll:tC ;:,~c ".ns:.ie= ~h"rG';:o of' Defenda.nts" .Josa~!"'. .Jefte=san and Rcsi~ ';e:ff~'=so~, i.~ is h -.. ORD~~D d D-~--n .... l 1 . e:-=! '_~-":' an ::.,-,~- as :0__0,",9:1 1) Sai.d l'~~~on is GRMlT~: .0'.... _ . I .1~\:~ 21 ~~~r~__=~'sO:-~r ofUovembe= 7, 19a5 is ~ . C;r;.-, -'~-' R.:;-V~ZD and 'i rainti~i;\' ~~10~io~=or Reas-sessmcnt.'o!= Oal1laC;cs is. - ,("....:.",; ~~'.":..oJ '. ~ .h";,'\"- .- '\. . -1" ~T!:O; ....r;: ~. ~ \"\;)~. 1;>(,- . 3) J. ..>.-~''!>..'" .. \'" d ~ - LA., 7l u~cnt LS =rcJY i..t!c=ca".:: ~o SOl '.r. . - 'Be-cau.sc '1> l.o.iZl~i=E w~ requ.irec to ac::ept cu'c-.t'cn't IIIOrt9"<lge 9ayuients u90Il the f,iUng of .Def..ndan~' ~ank=s>t(:y .pet1#on:-'anctlnfactdid so, i~ is necessary :;0 reassnss . . u.e~nt '~f daJIIagG.s t~at initially "ere assessed .;.fter jud'illl'!ntby defaUlt was entered L, this ac';:ion. Because I. " Dcfaneantshavenot refuted ~~e specific a~cunts claimed - 1 - '- ... , " ~" I' ~~, I = . . ". '- - ., . .' .:- t. I.' r~ I , ~ l' ~ ~,. " . . " '-N",,"~""_"i'W0'" \ '..\ . hyl~lain::i~f in t..~e -!..~.:stan:t !'to~iQn fo~ Iteasse,ssmc.i:t.. this CQU:::t fi~<b tn..t Oefcnd..."'ltS hc:ve adclc~~"ese am6~nl::S.. ...u~ua.nt to !'a. !LC.!'. ~02.'Hcl" .-v .:1_ 'l'S'=='CQGi'l.'r: ~~---- THOKAS A. WHITE, J: i . ". . II "" ~,",n ., . . . ,-- ::;:;: ." -: ~ ::.. , . . ~. '.- , . ; . ~1 r H ", '^""',~,,,'~""'<~, , , - JAN 2 3 2004 FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Countrywide Home Loans, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Kelley S. Betton CIVIL DIVISION NO. 01-6190- CIVIL ORDER AND NOW, this day of , 2003, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount May 1, 2001 through March 3, 2004 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 70,300.35 13,966.48 72.36 1,950.00 1,417.00 2,706.69 0.00 0.00 0.00 0.00 TOTAL $90,412.88 Plus interest per diem from March 3/ 2004 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT, J. "~,, ~'"~"~ c'"....." ' ,,- f:'c '.'-' ',', , -r.',. "T"" , ,~" " --"~ FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaia, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Countrywide Home Loans, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Kelley S. Betton CIVIL DIVISION NO. 01-6190- CIVIL ~ AND NOW, this day of , 2003, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount May 1, 2001 through March 3, 2004 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 70,300.35 13,966.48 72.36 1,950.00 1,417.00 2,706.69 0.00 0.00 0,00 0.00 TOTAL $90,412.88 Plus interest per diem from March 3, 2004 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. -';'''~,'"<''~'*V'''' ,~- 'I , .. "' ," . lP---:~. "n'~/,~~',^" -~, ." ENTITY FAP VENDOR Prothy of Cumberland County [PCUMBJ CHECK DATE CHECK NO. 01/20/2004 000325301 DOC NO APPLY TO DATE VENDOR VENDOR CREDIT NOINVOICE N DOC AMOUNT DISCOUNT PAYMENT AMOUN 000325301 000366150 01/20/2004 #4130533 52299 .00 .00 9. FEDERMAI\l,&ffiI:lEl:ANL;l:P ATTORNEYESCROWACCO\;JNT ONE PE~NG$f4TER,$UJrE.jc4nO " !It'lIliflIil:!It8J1i1ji\.P'I,L,1Ji1~~,I~i,f f~_Wf~~~~~~;r=',~~~m~~:M"'JII:IDIR.t.l:'I:lI~U:l~~U~"'::I~~:I:t.V~~:r:1=tIJ-4;~J::III:nlt.M'IL'JI~.;;liIl:--1:r.Ur:~III.I,""'7~ ,-. ATTORNEY ESCROW ACCOUNT COMMERCE BANK 3-180/360 CHECK. NO ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19148 00032530 . PHILADELPHIA, PA 19103.1814 1 Pay NINE AND 00/100 DOLLARS . ,~ 01/211/2004 DATE AMOUNT '.. 01/20/2004 ' ***********9.,00 Void after 90 days To The Order Of Pro thy of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 ~~ ~."~~ ",.fr-<:;.]'~" .,~"'<:,; &4> ""'1<:: '",'" "u' " '?.p.,.,'" ~ " ' " '" j_HIh:W.I'letlh'd::l:~."""l~.'.'I~I:W:I::r.'~::I:~f,."'I"I"=-I"I~~UIIJ..:.II:.;:.I:I'::t-......~;I::l::I~-I::II., TJr.,C131IIf,....,..l:.1:.1::r.l:t..-.'ITJU;.:I::r.'_j 1I':I25:10~II' I:O:lbOO~8081::Ib ~508bb lOll' ,,=~""~~ p~, " r'~<,:'f'M'-, ,-,~ ,r' I ~~ --,-",--'-""""'" ,~_. " ~:T " ~,~ ~'1~.;i'11~~ ~" ,- ," FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Countrywide Home Loans, INC. CUMBERLAND COUNTy COURT OF COMMON PLEAS vs. Kelley S. Betton CIVIL DIVISION NO. 01-6190- CIVIL CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of February 22, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on February 12, 2004. Kelley S. Betton 70 West Big Spring Avenue, Newville, PA 17251 By: D ie1 G. Schmieg, u~ Attorney for Plaintiff .L.P Date: February 12, 2004 ,,''''Jf-o/~~ " ,.~,; -"",~' ',1~, "'I , , ," r~~' .- - -, ,,---, - -" - 'k"""'X'~'~ '"1i~l'i'-lrJllI1TJ!"!li!rlir "c'ee (") ....., 0 = c = ..." ~ ,J;.- ~""- -r; .... -,::1:::'; l""1 ::J:..." ~"n ~.'::-; CO rrtp ,'____L, "Om (/i lc,::~~ :uQ -.l Sl? r:::c' :::r:-r. -~,~ -~ o::D ):~ 1--' ::;"" ,,~/--. .,",,"" "70 ~p"(= C5 ()'" --l Z "Do -I N :IJ -< '" -< ~~ i!lI!I!, - .~ ~ flHBtJt. J~J,llI~.","_~ -,"~".~' '>'" ,,,:,!,~~'!'!'~''''~~J['lf<Il~W'[''''''''-'W'''~~J~_'!!~~M!'~'I!~l.J_,.r,_ .+1i- ~i!'mljliir't~'ll{1'1!!lJr,Qrr,,:lrJr:J:~' FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ~ ATTORNEY FOR PLAINTIFF Countrywide Home Loans, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Kelley S. Betton CIVIL DIVISION NO. 01-6190- CIVIL ORDER 'I ,200~, upon consideration of AND NOW, thi s .J "ti Of day of ~ Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant (s) shall be and is hereby made absolute and Plaintiff's petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount May 1, 2001 through March 3, 2004 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 70,300.35 13,966.48 72.36 1,950.00 1,417.00 2,706.69 0.0.0 0.00 0.00 0.00 TOTAL $90,412.88 Plus interest per diem from March 3, 2004 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. ~~ V' \ . o.'1~ "'''''~'''"!,,1'\~l.,,_=,, - ,,- ~ r ~, - .~-!~ Ji '1 'LJ \N ! c '" ::::;:: '"- -..-:1- f-" ,'., ,~52:: ,':c~~ " , (3f~ i '_I C:::1g:..: LLJ w_ c:;-...:::". ., '-.;OJ h_j_ r=: [1. C) , G Cr ~J ~ ...,.IT" 0 !'" ___1. ~, l.,0 r.n ''J >- ~.. 2.: ~~!J """" c: N I G::: ~s ""'- (,) ,"~ ~:,~" ',';/1 ~~~ f.2: (j .J" ~= = "" ""!",~~iJ,, ,~,,,,,,=,?,,,lW!r<,!;-'%l'j:": "'_-:"~,' ,~_ '"'r" ,~-" oW ~"",,~,',,, '"'"'~'''''-''''' ""(IlliL.t.."...', '"mTt:..'~~}("'1f["'~;..';\(~~'J ,~,,,!;."':"W!'r..;;'~w."1101*J,;O!'f>"}"t'>Y,"':!'f':",;~U'".I,~"-"'~;"'j~M"-W'"j;W~~"iiif~.!f.Jf~'f,-i'\'M~~"~N,r,-0~~"';i:~~~!~lf!_~ FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563 -7000 ATTORNEY FOR PLAINTIFF Countrywide Home Loans, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Kelley S. Betton CIVIL DIVISION NO. 01-6190- CIVIL , ii I MOTION TO MAKE RULE ABSOLUTE Plaintiff, by its Attorney 1 Daniel G. Schmieg, Esquire 1 hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action 1 and in support thereof 1 avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on February 4, 2004 and Rule was entered upon Defendant (s) Kelley S. Betton on February 3, 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely seryed upon all parties in accordance with the applicable Rules of civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant (s) failed to respond or otherwise plead to the Rule Returnable date of Februarv 22, 2004. WHEREFORE, petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. ~~DERMAN AND~~AN' L. L. P. BY~ " Daniel G. schmieg,JEsquire Attorney for Plaintiff ;"''''':!'''~,"!l';__~ I ." ,~ r, ..~ r'q T 1 J ~~ VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DAT~: February 23, 2004 ~ AND PCEL~'~L.L.P. By: ' ~ - Daniel G. Schmieg, Esquire Attorney for Plaintiff :"-,,""<!i'!~,~~ .~_ , I~,l II UIJ,,~ ~ "t ,," ,~ ~,~ r~" ~~- JAN 2 3 2004 FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Countrywide Home Loans, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Kelley S. Betton CIVIL DIVISION NO. 01-6190- CIVIL RULE AND NOW, this 3rJ day of ~'Dru.o..rr: ' 20} a Rule lS entered upon Kelley S. Betton, Defendant(s) to show c se why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE th~.... t4::.y (')f ")(\('\'1 JO ~:y ~~o~~ se.~Vic.e. 15 T~UE. CQ'pYFROMRECORD In Testimony ...iJr.reof, I here unto set my hand and seal of said Court atC~rlisle, Pa. Th . ..O.Y.... Fe D . ......:.......u....., , , , ,,"!t<,~ ~, ' ,r ",,-' "'I- -r' ,--<,"',. ~ ~ r ", FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Countrywide Home Loans, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Kelley S. Betton CIVIL DIVISION NO. 01-6190- CIVIL CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of February 22, 2004 and a copy of Plaintiff's Petition for Reassessme-nt of Damages have been sent to the individuals indicated below on February 12, 2004. Kelley S. Betton 70 West Big Spring Avenue, Newville, PA 17251 By: D iel G. Schmieg, Attorney for Plaintiff .L.P Date: February 12, 2004 () ....., = 0 ~ = ,- -n :;;:- .- -Uw '"T1 -l S1? ~I I'T1 :t:-n = !1'l 0>- r- 2:c-- um CI) ,:r::-. :ny -<:.=: -..J 0' [::CJ -.0 ~8 J:>o ...,-...'; - 5:!J - :z() -c i3 .--.::;:rr. Z ~ :;J N )>. ::D , 0\ .< ''-''-';'.'>''~'=-,-." ",-'" , , ~ ~ "'F' ,-., . " _n f~lit',~...,.,,,- ""jt':,';g;i-,f.;!~foI:""i'."H_~;t;"tif&i~4ii!ii6Jlt,",b0.lIOiU~;j;;i.,,,,;:;i;i{(,~;;1,._~,;W,;i...3i'f,"i~I~~~-' "tg <:l' " \;f ~ ~ ~ r1 , ..., 0- J "') ~~ """ "^,,, ',)}>.,,'~,r _ ,-y.~-,,_"" > ':~{~>:~- J~L..tl Ll, !.L,<,.~~_<~~" ~",-c"",~__""-,.,~,.<,,=-~-,, -" .9' r' ~ 'CC. _, . -", ,I ,""" ".~!ii/IQ!!i~'''''--'-' -'L~ ~ _ CILE[LtlCC'0C: I ,.).......1 I TV:" OF THE Pr:l0TH()r~;DTAnY 2DOy PES 25 Pi; I: 21 C'''' ,L'j;' "'" '"<I .....,_:'\...;I\il . ~.. ',,-, - -""""," :'l'~~'~" '" .~ "~,' '-" lMi&'J !if :~ ~ FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHilADELPHIA, PA 19103 (?15) 563-7000 ATTORNEY FOR PLAINTIFF j, Countrywide Home Loans, INC. : Cumberland County Plaintiff : Court of Common Pleas vs. : CIVil DIVISION Kelley S. Betton : NO. 01-6190-CIVll Defendant(s) . PRAECIPE TO WITHDRAW MOTION TO REASESS DAMAGES TO THE PROTHONOTARY: Kindly withdraw the motion tel Reassess Damages which was entered on March 3rd r 2004 against Kelley S. Befton, Defendants, in the amount of 90,412.88 relative to the instant matter, without prejudice, upon payment of your costs only. By"', ~ Daniel G. Schmeig, Esquire For Federman & Phelan, llP Attorney's for Plaintiff Dated: April 6, 2004 ">,,,,"",~,!l1i~ .'t'n, ,_ ~ ""_,,. I'" I \ '>. , ..~ ,.~...,' . rmJ '.<'.'"e, ' _J)~_" ,$ . '.. ~"~'n"'''" , i? #J 1l!\'l.!11l!~ ., ,"fl ~y ~ x.l (.J ~ fl ~ l) () 0 ....., =, 0 ~ c: = ." - ~ .<:" ..t:. -t:: -. "". ~7-l ; ;C-j;- " rri fQ ..c ..c: -, ::;i.;;' , ~nrn ~ 6' (j;~ I -:--y co .W 1- - 80 r (::; ~ :..,---:; ,) .,..-,,/ 0- ~~>-,~ 3: f~~ :>~ "-'> .L 5; ..J c, ~ .....,..... en !!.'.;If,,>.-(,,m&>1!'l~:m'~lilili''Oi~<"!,,!r;~N:'flil"p;n~,w.;;r)',Ym:',,~u<:\'it<"'~;r.;r,~~n'i~~Mm!l!!t1i5i"~t<Mji~~I:J_~~"~~'~'il!~J!!~Wie' )""~'~~' ,~~- ~. " , Countrywide Home Loans, Inc. VS Kelley S. Betton In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6190 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff s Costs: Docketing Poundage Surcharge Law Library Prothonotary Mileage Levy Posting Handbills Advertising Law Joumal Patriot News Share of Bills 30.00 10.23 20.00 1.00 15.18 15.00 15.00 15.00 177.05 197.83 25.24 $ 521.53 paid by attorney 6/11/03 Sworn and subscribed to before me So Answers: This If:: daYOf~ ~~'''''e< ~~ ~. /). \... R. Thomas Kline, 6~ 2003, A.D. ~ !,(. f.J1t.l I.v ,&G . ~ ,T' BY Prothonotary Real E ate Deputy ~",."'tn,"~~'!l..~ ~__ <, " ~ I~ ) ,.,-.) ck.. 'j I IsO ~ /3"1/06' , =-~ '""", , =<,<,,0-_. ,~"'- /fJL.=. - '~ ..,"' "" COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. KELLEY S. BETTON CIVIL DIVISION Defendant(s). NO.OI-6190-CV AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) ~ COUNTRYWIDE HOME LOANS, INC.. 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 infonnation concerning the real property located at ,70 WEST BIG SPRING AVENUE, NEWVILLE, P A 17241 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 2. Name and address ofDefendant(s) in the judgment: Same as above 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) None """-J!W'':''''JP _ B~~ _"',nn' r .,. " 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) HOUSEHOLD REALTY CORPORATION, 1635 MARKET STREET INC. C/O C T CORPORATION SYSTEM PHILA, PA 19103 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 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 3 L 2002 DATE 4~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '~'~I;t;-<rl,""'~~_'''' , , ~,~ I '. - ~_.w~~ ..,..,. COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v. No.OI-6190-CV KELLEY S. BETTON Defendant(s). December 31, 2002 TO: KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 ""THIS FIRM IS A DEBT COllECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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 lJEN AGAINST PROPERTY."" Your house (real estate) at. 70 WEST BIG SPRING AVENUE. NEWVILLE. PA 17241. is scheduled to be sold at the Sheriffs Sale on 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $75.022.54 obtained by COUNTRYWIDE HOME LOANS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (US) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ,--"Fi"j"'""'''_'=~ , ",-".".",...... '[ '''I , "," YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF TIlE 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 OFFlCE LISTED BEI,OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 "'''':~'''''''''''''''~'- , , ~~r, r"'"' ~~ ' "' , ,~..,' , ~'~~'~ J ALL TJ.yvr CERTAiN prOJ'CflY, SITUATE in the Dorough of Newville, County of Cumberland. in the Commonwealth of Pennsylvania, Being more fulty dc:scribed in a Deed dOllCtl 0810311993. and rec"A1ed in Cumberland County. Pa., on 08103/1993. amnng the L.lnd Records of Ihe Counly and Slale sel f"flll above. in Deed Dook L36, page 298, and ADDRESS: 70 West Big Spring Avenue, Newville, PI\ 17241 DElNG Parcel No. 28-20-1754.012 BEING lIle same premises Which John F. Heberlig and Alice Faye Heberlig, his wife, by deed <lalea August 3. 1993. ana recoraed in Cumberland County. Pentlsylvania on AuguS! 3. 1993, in Deed Book L36, page 298, granted and conveyed unto Kelley S. Dellon, single person, in fee. SUBJECT to the same condilions. exceptions, reservations and restriclions as are contained in prior deed. fonning chain of lide. ^ J'-;.-~1[,,,,~~~,",,*,,.,, , ~" ~. . .. . ~~~~ = '" WRIT OF EXECUTION ~ndJor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6190 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From KELLEY S. BETTON, 70 WEST BIG SPRING AVENUE, NEWVILLE, P A 17241 (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 GARNlSHEE(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 of the defendant (s) or otherwise disposing thereof; (3) lfproperty 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 he/she has been added as a garnishee and is enjoined as above stated. Amount Due $75,022.54 L.L. Interest FROM 12/11/01 TO 6/11/03 (PER DIEM - $12.33) - $6,756.84 AND COSTS Atty's Conun % Due Prothy $1.00 Atty Paid $805.46 Other Costs PlaintitIPaid bate: JANUARY 6, 2003 CURTIS R. LONG (Seal) ProthO~ 2f "-..Bv: ~,.P 'ClU~) Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOlIN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 12248 t'''''\''",,-$''''''''''''~li\IiII!l:li'-!1 ,~_, ,~~ o~ ' - ., , '0.. ,""_'_,.' ;;",,,,,,'~,,,,,,,,.""''''~~ "'~ . ~'l i iIIlll .r .' ~Tlf11i!r:'n~" Real Estate Sale # 22 On February 6, 2003 the sheriff levied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, P A known and numbered as 70 West Big Spring Ave., Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 6, 2003 RCj" ~ c::;:n)1 =::. (~€l filfij J..~ i .:Uii, , ' , '~U<J ~~~~~l'l'..m'm!!~"~;;m~W',~~~1'~~~~'f!';;re:;;',,-<!:,;;,,;:<i:'1i""'':'" , 'f l"<''i'\ iF":"-,'-' -,-~"":"p,,, ,.;t'i;,F;~,' ~;,':'n,f""'"),,'P ':?''";';:' {,"",,;.)c. 1'1, "'-""-'I-'O'fu~'m11l~:1it~A~~;~ "-] C' - ,.! II ~ 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 , 'I , JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Ass!. 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 Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday! Metro editions which appeared on the 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 resolulion unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ., , ,~, ,j '-j ;! " .~ n '}I ;1 iI PUBLICATION COPY SALE #22 Sworn to and sub Notarial Seal Terry l. Russell. Notary Public City Of Harrisburg, Dauphin Counly My Commission Expires June 6, 2006 Member, PennsVlvania Association Of Notarie NOTARY PUBLIC commission expires June 6, 2006 CUMBERLAND COUN1Y SHERIFFS OFFICE CUMBERLAND COUN1Y COURTHOUSE CARLISLE, PA. 17013 . Statement ot 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 1.75 197.83 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.................................................................... '-"',""'j);-",\"'R'll' , ~>9"'" r ~-~ '? ' ", " -, -=FlJ;AL ESTATE SALE No. 22 ~. Writ No. 2001-6190 _...~- Civil Term Countrywide Home .Loans, 'nc. ----------:-- vs ~ . "Kelley S. Betton Atty: Frank Federman .c,_c__~'~~, DESCRIPTION ;-~ALL THAT CERTAIN property situate in tlie': = Borough.Df Newville, County of Cumberland, in ~eCOmmonweaJtb of Pennsylvania, Being more ,~full),---described in a deed dated 08/03/1993, and ~~ided in Cut;berland County, Pa., on 08/031 = 19if3~ among the i~nd Records of the County and; ~tate set forth ~,oYe, in Deed Book L36, page ~-298,and ' ~1'DRES--g; 70- West Big Sluing Avenue, J: NeWville, FA J7241. . BEING Parcel No. 28.20-1754-012, ~ElNG the same premises which John F, Heberlig and Alice Faye Heberlig, his wife, bi ~deed _$led August 3, 1993, and recorded in :iOi.mberland County, Pennsylvania 00 August 3, .tJ]23~Jn..Deed Book L36, page 298, granted and '"'conve..t~~unto Ketley S. Betton, single person, in ~f~ _ ,_ StJIlJECT to the same conditions, exceptions, reservations ,and restrictions as are conlained in prior ckeds forming chain ofti!Ie. ~>~: ' 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 : Lisa Marie Coyne, 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, VlZ: APRIL 25, MAY 2,9,2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 9 day of MAY. 2003 '"_';:T~II!1n ^ > < , _" < I 111IIIII,",.". "." ", __ _ "<~, ..' ',"" __ 0 " ,IUR1m_, ." ""'''~/~ ~,-," ~"~'~>T' _"~_''''''.7_'__''', ,_ " ,_ " '" ",--}P""-if:'> "<~,,,''fU-,- A",ecd''': ';;\:"'"""lifnr~r-&' , liTnlfilJIT ""1'7 ~ .. ~, ~-~,~_"~"",,,-,,,,:c_,'{'''-':'_~'__ ,If[rJ~~~~,!}:!;:!Il~I!~t~~jHtl~~~,,,,f~tl:n~!lllrj~B'~r'~f':, 'Y,>",~m~i: ~~~\p" ~ . . ., -", < , ,', ~,I~ ,,' "1 , ~, r-, REAL ESTATE SALE NO. 22 Writ No. 2001.6190 Civil Countrywide Home Loans. Inc. vs. Kelley S. Betton Atty.: Frank Federman ALL THAT CERTAIN property, SITUATE In the Borough of New. ville. County of Cumberland. In the Commonwealth of Pennsylvania. Being more fully described in a Deed dated 08/03/ 1993. and recorded in Cumberland County. Pa.. on 08/ 03/1993. among the Land Records of the County and State set forth above. in Deed Book L36. page 298. and ADDRESS: 70 West Big Spring Avenue. Newville, PA 17241. BEING Parcel No. 28.20-1754- 012. BEING the same premises which John F. Heberlig and Alice Faye He- berllg, his wife, by deed dated Au- gust 3. 1993, and recorded in Cum- berland County, Pennsylvania on August 3. 1993. in Deed Book L36. page 298, granted and conveyed unto Kelley S. Betton, single person. in fee. sUBJECT to the same conditions, exceptions. reservations and restric- tions as are contained in prior deeds forming chain of title. 'or . ~ , , , ' Countrywide Home Loans, Inc. VS Kelley S. Betton In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6190 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Terms of sale were not complied. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Levy Surcharge Service Law Journal Patriot News Law Library Prothonotary Auctioneer Share of Bills 30.00 10.84 15.00 15.00 15.00 20.00 16.56 177.05 213.28 1.00 10.00 29.32 $ 553.05 paid by attorney 03/24/04 Sworn and subscribed to before me So Answers: This ,;(qlC dayof~ r~#-c.t L~'l, - ~ R. Thomas Kline, Shen.' ff 2004, A.D. --" Q ~ ~ J '-U , ~.~~ ~ Prothonotary Real E . te Deputy , \ ,tJb Ck. Lj L!'1:'J) Rw- Ilf~).~3 ,,"'~""'-'r'""__ ,,""'""""" ;,j,,#,.I, ,~ , ,~ , ~ I-~ -~_. . ., ,~.,~ -~"""'--'!'~,,~,~"," ~ ~~ COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS KELLEY S. BETTON CIVIL DIVISION Defendant(s). NO.Ol-6190-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,70 WEST BIG SPRING AVENUE, NEWVILLE, P A 17251 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, P A 17251 2. Name and address ofDefendant(s) in the judgment: Same as above 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) None , ~-'-W"',.~,,"~<",,",""_,~..~, ~J - 'I ~" .1 v , . ,~. ,"~H ,~~ ~,~~" ~" ~~"~ , - 4. Name and address oflast recorded holder of every mortgage of record: , Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION, 1635 MARKET STREET INC. C/O CT CORPORATION SYSTEM PHILADELPHIA, PA 19103 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/Occnpant 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17251 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 15. 2003 DATE FRANK. FEDERMAN, ESQUIRE Attorney for Plaintiff :0-\'1q""'?H^"'""",,J~ , " ", ~ . - -~~'"^' 'r -I " ~-- . - COUNTRYWIDE HOME LOANS, INe. Plaintiff, CUMBERLAND COUNTY v. No.Ol-6190-CIVIL KELLEY S. BETTON Defendant(s). October 15, 2003 TO: KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, P A 17251 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 70 WEST BIG SPRING AVENUE, NEWVILLE, P A 17251, is scheduled to be sold at the Sheriff's Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $75,022.54 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To [md out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3 . You may also be able to stop the sale through other legal proceedings. """',"',,,,,.....,,,'^"'""','lIl, ,.Il!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 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 Sheriff's 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 ifthe 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 maybe 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, orways 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, P A 17013 (717) 249-3166 (800) 990-9108 "(,,,''''1.,''''"''''''''''"'' '''''''',u -:-2if!E0'!fi;"'!'o/f[ III! '-...~ ".', J, ALL TI{t\'f CERTAiN propeClY, SITUATE in the Dorough of Newville. Counly uf Cumbcrhmtl. in the Commonwealth of Pennsylvania. lkinc. nlore fully dc~-ribctl in a Deed dan..lI 0810311993. and recorded in Cumberland COlldty. r.., on 0810311993. among tbe Land Rcconls of !be C,>unly and State sO[ fonh above. in Deed Book 136. p.se 298, and ADDRESS; 70 West Big Spring Avenue, Newville, PA 17241 BEING \>arce] No. 28-20-1754-012 DEING IIle same premises Which John F. Heberlig and Alice Faye Heberlig, his wife, by deed daled Allgusl3. 1993. an<! recorded in Cumberland County. Pennsylv.1nia on August 3. 1993, in Deed llooIC UG, page 298, granted and conveyed unlO Kelley S. Deuon, single person, in fee. SUDJECT to the same condilions, exceptions, reservations and restrictions as are cnnlained in prior deeds fonning chain of tide~ < , I"~jlll!il"~, ,." '0=' ~, ~.' .......,....,~.- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 01-6190 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE ROMiE LOANS, INC., Plaintiff (s) From KELLEY S. BETTON (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 gamishee(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 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 hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $75,022.54 L.L. Interest FROM 12/12/01 - 3/3/04 (PER DIEM - $12.33) - $10,024.29 AND COSTS Ally's Cornrn % Due Prothy $1.00 Ally Paid $1,341.99 Other Costs Plaintiff Paid Date: OCTOBER 28,2003 (Seal) CURTIS R. LONG Prothonot"fY. ~ ~~6 .f!..7J;CQAd~/ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SillTE 1400 PIDLADELPHIA, PA 19103-1814 Attomey for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 =ft~~<"'~ - '~r 'f- - - Real Estate Sale # 21 On November 13, 2003 the sherifflevied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, P A Known and numbered as 70 West Big Spring Ave., Newville, more fully described on Exhibit "A" Date: November 13, 2003 L~- By:vu~ . .' Real Esta Deputy r,.,.:) c:;J:iJ C\MJ c;:::::J @e) lti1i1 filed with this writ and by this reference incorporated herein. ,.'.. ,'. C '1'.1 '-lJ. -I \! I :1~ ,'i__t\ I ,~_.; :. ~t - { f,p" HJ Qt 2 BZ ua t . f,jJ''''. -.... ..... ...,.,.;-!,,"~V It!nj.h J, -'..1.';_ AAlllilfH 'IL.. ;;, d,idJO ~_I'n- ~I!ilffn~llfj~ !li)mli!rnllJ_rr_~~~J[~~,~~-,'!iW'~J\O;~~~lf,!Jfr.;i'~",q,~",("":,v"",,,-,,,,::,-'i"""-"'-' , . ..~ ~t THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} 58 Michael Morrow, being duly sWOrn according to law, deposes and says: That he is the 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 Sundav Patriot-News newspapers of generai 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, respectiveiy, and all have been continuousiy pUblished ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their reguiar daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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 Dauph'n in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SA L E #21 Sworn to and sub Notarial Seal ubf Teny L. Russell, ONota1.~ Co~ . Of Hanisburg, aUe""' Ci\y 'ss\on ""plres June 6. 2006 My (;oTT\lT1I . Of NotarieS Member. pennsylVanIa Assoc\aliOll NO ARY PUBLIC My commission expires June 6, 2006 ,';--"'7_'~~ [-:-:=-REAL I;STATE SALE No. 21 ':~~ ~Writ No. ?001-6190 ii--,--- -~ C(vUTerm :~C~_u~iywide Home Loans) Inc. fb=",,,,-- ,,--~' Vs E- ::- - ----:-~ Kelley S. Betton ~~~ ~~:= .Frank Fj:!derman ";",'''''T DESCRIPTION ~~m tHAT CERTA,IN property, situate in the ~.B,9l:ough9fNewvme, County of Cumberland, in \(Jh~Com~wealthJ:lf Pennsylvania, tieing mQre ~ly.Jie~~djn a Deed dated 08f0311993, and ~rec.ordt;d~iiJ;l1bedail.d County, PA, on 08/031 r~i2:3, amoJl,g the Land Recorqs of the County and ~ffie seCf.OCtli_ above. in Deed Book L36, page t:Z2:8,and_ r~ _" Ao'PP:SS:, 70 West Big Spring A''enue, ,"Newville,PA 17241. :;::- ..:HEINd Parcel No. 28-20-1754..012. _ :;, __' BE[Nd the same premises which John E .,. . . ~!f"',rlig.",<lAlice Faye Hebodlg. Ill, wlr. by Publisher s ReceIpt for AdvertISing Cost '''''deed dated ,August ,3, 1993, and recorded in.. . ~Cjiili1:ierland_ County, Pennsylvania on August 3, . publisher of The Patnot-News and The Sunday Patnot-News, newspapers of general rlgg3~inI)"dBook 1..36, page 298, granted:rnd 'e receipt of the aforesaid notice and publication costs and certifies that the same have convey&! unro Ke1Jey S. Betton, smgle person, m 1 I:fee ----.,,' .,-..", 'SUBJECT to the same conditions, exceptions, ; reservaoonsandrestrictionsasarecontainedin: prior deeds fanning chain of title. . 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 Total $ 213.28 By.................................................................... ;:, ~ " . 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 : Lisa Marie Coyne, 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, VlZ: JAJfUPURY 16,23,30,2004 Affiant further deposes that he is authorized to yerifY 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 ; lace and character of publication are true. SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004_ L SEAL LOIS E. SNYDER, NotalY Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 ,*'I"ll""'i~j","4W ,"' ~,-< --, ^, 'r-- -=c't-I ..................., - 11III ", .~--=~'Il!' , ~~~$""-,,,~-~-~~ ~', ,.."....w.-"f'"""~~!!lWjl'J"t,j!"Mir-',": ~J ;( ;<:">1,":_"-'- "or,."'-,'''' '.'.' . - . ",:':U;, p! REAL ESTATE SALE NO. 21 Writ No. 2001-6190 CiVil Country1.vide Home Loans. Inc. vs. Kelley S. Betton Atty.: Frank Federman ALL THAT CERTAIN property. SITUATE in the Borough of New- , ville. County of Cumberland. in the Commonwealth of Pennsylvania. Being more fully described in a Deed dated 08/03/1993. and recorded in Cumberland County, Pa.. on 08/03/ ' 1993. among the Land Records of the County and State set forth above. in Deed Book L36. page 298. and ADDRESS: 70 West Big Spring Avenue. NeWVille. FA 17241. BEING Parcei No. 28.20-1754. 012. BEING the same premises which John F. Heberlig and Alice Faye Heberlig._ his VJife, by deed dated August 3: 1993.- and recorded in ' Cumberland County. Pennsylvania on August 3. 1993, in Deed Book L36. page 298. granted and con- veyed unto Kelley S. Betton. single person. in fee. SUBJECT to the same condi- tions. exceptions. reservations and restrictions as are contained in I prior deeds__fonning chain o~, ~=-; __ i'! ~ ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE ROME LOANS, INC. Plaintiff, v. No.01-6190-CIVIL KELLEY S. BETTON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $85,046.83 .,j Interest from 12/13/01-9/8/04 to SEPTEMBER 8, 2004 (per diem -$13.98) $13,993.98 and Costs TOTAL $99,040.81 J-AMJz ~ FRANK FEDERMAN, ESQUIRE One Peun Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. "'-"~'>1'l"""'~~~ ,,,0 ,~,c, " , ~, I ~ ...... lI'l M r-- ...... ~ r.J' "'" "'" 5= ~ fiI;] Z r,.,:$ Z ~ O~ U 0 Z 00> .... ~ ~~ Z Eo< .... >;J "'"00 r/J u " -d ~Z ~ Z ~'F Z t Zz 0 ~ ~ Ofil;] 0 fiI;] :I .~ (1) ~~ "'" Eo< r,., ~ 1:: '" Eo< (1) fiI;] 0<:: '1<1 00 ..0 fiI;] - " O~ ~ =:I Eo< ~ ~ ~ Sl&: .... .... uz 0 .; 00 <B =:I e ~ r,.,>;J = "" ~~ ;>-. Eo< ~ 00 fiI;] fiI;] (1) 00 (1) u ~ "'" ~ OS ~ ~ g. ~~ "'" ~~ ~ 0.. ~ l' <:> ~ fil;]6 r-- 8~ ~ ~ Eo< .... 0; ~hJ ~ u '" ~ "=i ~ Eo<~ 0 (1) ~ - .~ Z>;J U ~ ~ ....u =.4. . ,..., ~~ 0 ~ -n '-- :.:;:i C' n:i :IJ ::;-~ .. I -Dfn (~ ;Py ,~ "-..)t....., ---j"'-J ~~ .-r........' --:e.. ~~~ 9 ~l (..,.) -' en =< - _..[LI:'.~ ~~ , ",~ _,._,.....___."""''',.,..."'''"..'''''"..'''.._-'''-'-'''''!'.._JIlI.~~.~~,I . .., . \. LEGAL DESCRIPTION ALL THAT CERTAIN PR()PERTY, SITUATE IN THE BODOUGH OF NEWVILLE, COUNTY OF CYMBERLAND, IN THE COMMONWEALTH OFPENNSYLV ANIA, BEING MORE FULLY DESCIDBED IN A DEED DATED 08103/1993, AND RECORDED IN CUMB.F:RLA1'9> COUNTY, P A., ON 8103/1993, AMONG THE LAND RECORDS OF THE COUNTY AND ST ATE SET FORTH ABOVE, IN DEED BOOK 1.36, PAGE 298 Vested by Deed, dated 8/3/93, given by JohnF. Heberligand Aliee Faye Heberlie, husband and wife to Kelley S. BettOn, siugle person and recorded 813/99 in Liber BooJc: 36 Page; 298' . . PROPERTY ADDRESS: 70 WEST BIG SPRING AVENUE, NEWVILLE, PA 177241 TAX PARCEL: #28-20-1754-012 "~~,J',,,", ,,"~ - ,., -^' ~~ I~'--' "' . SfA -,.- 10' !c~ ~\O' c ' c 1,,-0 \ .-S::) i I --.. UI' ~ (.J'> -J o "- -J -S) --- "6'" ~J~ --- .?\ ~ ~~ ~r ~~~-, '" ", ,-, ~~"-, . .~~'" -~ ~ <::::::-... ~ cl ~ ~'1' ---..~ -". 9-.J "'- c:>(\ -......... ~ -C: ~ ::--'\ -;-. L.>- ~\~~ ~I ~ --, \ C') -- C() "6t '-^' ~ c~ ""'~""1f ~, "" I 9) 0 "'" "'" 0 ~; cOO:> -1'1 .r.- ,- :=1 c:-: :.J_'Tl ,~<,," n'r , -om -,'10 r:;:, ;::-'\ \ ~:::{O :r;u-o ::~~~ --,.' , e;; C3 ~. ::::'; ::.:j W ~JJ --,< c:n .< MIIl__~~~,...~ lii~ _,_,_,_,,-lil"'Iffl"1-!~~ . ~~,,",,~,~~'~~.,; n --.' 'i-'j r\q-:""m?!""'}~;);'1",""-"'" ,'7"':"~' ':"" -,;,j~;ii!t~:"oW~ '.'0_",," ,~~~.f~~~~1f(l~,!e,,~k~]P:jjJJ)"'~Jl: - Li1I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6190 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC. Plaintiff(s) From KELLEY S. BETTON, 70 W. BIG SPRING AVE., NEWVILLE PA 17241. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATEDAT70W.BIGSPRlNGAVE.,NEWVILLE PA 17241 (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 odor the account ofthe defendant (s) and from delivering any property of the 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $85,046.83 L.L. Interest 12/13/01 TO 9/8/04 @ $13.98 per diem = $13,993.98 Atty's Comrn Atty Paid $1,380.99 Plaintiff Paid Date: JUNE 8, 2004 % Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name FRANK FEDERMAN, ESQUUIRE Address: ONE PENN CENTER@ SUBURBAN STATION 1617JFKBLVD., SillTEI400,PHlLADELPIDA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ill No. 12248 ~f'-;C_f"""",, n,fL, " _, ,'"-"'. r ~~ 1'- -~- I 1"; ~H-' - us13c PAM - LIVE - V2.3 - Docket Report Page 1 of5 2002, CREDS, CLAIMS, 341Held, PlnCnfrmd U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:03-bk-03460-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 06/10/2003 Kelley S Betton 70 W BIG SPRING AVE NEWVILLE, P A 17241 SSN: xxx-xx-9059 Debtor Charles J. DeHart, III (Trustee) PO Box 410 Humme1stown, P A 17036 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 (717) 221-4515 Asst. U.S. Trustee represented by James K. Jones 7 IRVINE ROW CARLISLE,PA 17013-3019 717240-0296 Filing Date # Docket Text 05/19/2004 32 Order granting relief from the automatic stay. (RE: related document(s)[29], [14]). (Attaclunents: # 1 Certificate of Service) (BW) (Entered: 05/19/2004) 05/18/2004 31 Proceeding Memo: Hearing held on CountryWide Home Loans' Certification of Default by Debtor with the terms of the stipulation in settlement of motion for relief from stay. Court signed order modifying the automatic stay. (RE: related document(s)[29], [26]). (EW) (Entered: 05/18/2004) hrtps:/ /ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl? 183290 139222735-L _82_0-1 6/3/2004 )fi~"",,"'o!j("!jIljIl'ffi1li,o ",-',-"^',-. "1-':'-' ,,,r--I ~ ", . "USEC PAM - LIVE - V2.3 - Docket Report . "- Page 2 of5 04/19/2004 30 Notice to Parties: (RE: related document(s)[29] ). Hearing scheduled for 5/18/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (BW) (Entered: 04/19/2004) 04/19/2004 29 Certificate of Default Filed by Judith Romano of Federman & Phelan on behalf of Countrywide Home Loans Inc (RE: related document(s)[26]). (BW) (Entered: 04/19/2004) 11/21/2003 ~8 Order approving Stipulation (RE: related document(s)[26] ). (BW) Additional attachment(s) added on 3/24/2004 (KL). (Entered: 11/21/2003) 11/19/2003 27 Order approving Stipulation (RE: related document(s)[25]). (BW) (Entered: 11/19/2003) 11/19/2003 26 Stipulation setting terms and conditions. Filed by Judith Romano of Federman & Phelan on behalf of Countrywide Home Loans Inc (RE: related document(s)[14], [19] ). (BW) (Entered: 11/19/2003) 11/18/2003 25 Stipulation by debtor and Ch. 13 trustee to pay arrears w/i 90 days. Filed by Charles J DeHart, ill (RE: related document(s)[20] ). (BW)(Entered: 11/18/2003) 11/14/2003 24 Order Granting Motion for Wage Attachment Order (RE: related document(s)[23] ). (BW) (Entered: 11/14/2003) 11/13/2003 23 Motion for Wage Attachment Order. Filed by James K. Jones on behalf of Kelley S Betton. (BW) (Entered: 11/14/2003) 10/24/2003 22 Correspondence filed by Judith Romano of Federman & Phelan on behalf of Countrywide Home Loans Inc. requesting that hearing be cancelled. Parties to file a stipulation within thirty (30) days or Motion to be denied without prejudice. (RE:related document(s) [21]). (JG) (Entered: 10/24/2003) 10/15/2003 21 Notice to Parties: (RE: related document(s)[14], [19] ). Hearing scheduled for 10/27/2003 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (BW) (Entered: 10/15/2003) 10/14/2003 20 Motion to Dismiss Case for material default and hearing notice to parties. Filed by Charles J DeHart, ill (RE: related document(s) 1 ). Hearing scheduled for 11/13/2003 at 02:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (BW) (Entered: 10/14/2003) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?183290139222735- L _82_0-1 6/3/2004 ,,~'t"Wf,?,,""!,,~~r~~ _ , -r' ~- I' ~,~ ~ ;r r" ~ .. " , - ~ ~~ - - ll!II!Il!IJ!JI_ ,-""'V. <-~" '.'''-1 '-, ~"~.~~~', ~' --~ , . /. '" = ?= L_ c:: :2: C) "n :T!.~ rnfd ""-lrn :~J C-) S(S ~C?~ ~::~i ,.", ::1) -< I u) :;-.. -~'''' <;:;> (~, O~\ , ~,~C ,~'Il\~~~~r.)-~~l._ _~~~,,,!!,-,,4;\~~~'i~l;;w,W'jt'i"n"-'''''i;,,,,,;,,,-i'''''''''i;o_;fr?J~t'_''-iIj"I'i!~<"!~~!!t::i:0!~~~'f.~~,"~~g'f'." r;'~.' ?}jJ( ~ FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SIDTE 1400 PHlLADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DMSION KELLEY S. BETTON NO. 01-6190-CIVIL Defendant( s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 4~ .~Jff) FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff """';;r;~":~fL ~-- . .-r', , , ~I, >'-";--' ' . . , f\ 'It\ d_ "-",~..,, ,,,~, ' -~, ~ . ~ ,.~' ~'\' '~""'''~I' -"',"" v~~"~"'''-' ~""~""""," ,~- ~>-' -~~~..~.~~ -- () c:::: <' ?;: o c...) ~:;J 0'\ ~< N "''''';''-O-U'-''X''if''''!i '" =, :;~ G "" :::I dl~ ."om ?!.~T' ~=lC' ~~~~ ?::O';iTl .,=. '- C' ~---" .""- I OJ ~..' ~~~~~~~'f'ii"ffiW1f';;:!il-""",'H;'1'>>~ii~~-J{loWl'fP~,,,,,,tW:"~~iJfi'l1',~~~'ij"mw~'\il~l!i'i~ "? ~,~" ~-,;, . .. , . COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v. No.OI-6190-CIVIL KELLEY S. BETTON Defendant( s). June 3, 2004 TO: KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, P A 17251 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 70 WEST BIG SPRING AVENUE. NEWVILLE. PA 17251. is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8. 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $85.046.83 obtained by COUNTRYWIDE HOME LOANS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. {;<f~A~_,'r,_ ~~, ~""r .. , ~ .. '""" { ~\'tNw;;,J>,';i~ . . 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. I. 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 (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ~-I I"' " 'w .",.,," "-~ " . LEGAL DESCRIPTION . ALL THAT CERTAIN PROPERTY, SITUATE IN THE BOR{)UGH OF NEWVILLE, COUNTY OF CYMBERLAND, IN THE COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 08/03/1993, AND RECORDED IN CUMB.ERLAND COUNTY, PA., ON 8/03/1993, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED BOOK 1.36, PAGE 298 Vested by Deed, dated 8/3/93, given by John F. Heberlig and Alice Faye Heberlie, husband andwife to Kelley S. Betton, single person and recorded 8/3/99 in Liber Book: 36 Page: 298 . PROPERTY ADDRESS: 70 WEST BIG SPRING AVENUE, NEWVILLE, PA 177241 TAX PARCEL: #28-20-1754-012 ';,,1f~~,~ .~__._=_', ~. . , ~ -.."'f- ~ " o~,".,9~ ~ 4~ - litJij:1Ji'llI~""'''', Xi__' ~. Ij1 !fl:l ~ ~L~ e-""'-'.'''', '''-~"=~'. , ".~~.~'~" ,~~- "'-U'~""H.""- - I ill'" , . , C"l ,.., 0 ~=.::. r ,~ .1 .c .i;.~ - C_ =.~ . ~~i ril -r, .. r I -em :CJ :r 0:' (~ ." -~...--' -:r- -,'j ~ ~~~~ .- C) ... :;;! Co.) :'D ...-:;., 0'\ -<: "r_,~I,~,!i;jfMn~"w!!%'F;\;'-W"'Mi'!i~.V!'iF.~!'\I~iI\.'~"''f:1~M.\ln'!l1Wf:m~:~~]!1;;-', l\ p....... COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v. COURT OF COMMON PLEAS KELLEY S. BETTON CIVIL DIVISION Defendant( s). NO.Ol-6190-CIVIL AFFIDA VIr PURSUANT TO RULE 3129 (Affidavit No.1) COUNTRYWIDE HOME LOANS. INC., 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 . 70 WEST BIG SPRING AVENUE. NEWVILLE. P A 17251 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, P A 17251 2. Name and address of Defendant(s) in the judgment: Same as above 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) None .;o$,~,~-~ ~-~ , I! ~"",," . 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) HOUSEHOLD REALTY CORPORATION, 1635 MARKET STREET INC. C/O CT CORPORATION SYSTEM PHILADELPHIA, PA 19103 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/Occnpant 70 WEST BIG SPRING AVENUE NEWVILLE, P A 17251 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 3. 2004 DATE 3-v\M\.k JuLAM>Il"" FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ''-'-~~", ~~ ", ", ,~ ; . -, ~- -~,~ 1 ~~~- """Cc-:c I~~~C CJ;~ ,"'_ """., ~-:. ~'" ~i~',~, :0:;;- ::~':\ "-< ~ "'"'" (.~' .J <;: ...."C ~ ...." c=> ''''' ".- L. c:: ~~ o -," ::;:l fn :!J ~-n h1 i~ --{ "';'> :::] -'..., I CQ ~E ,"~ .~ GJ en ~~~~, nO,'''''' . ",._~,M~~~$lI~0\~'f'l1~:lm'~I1W'''1~"M___~~~,,:''~''t'#.fl5jkr~rn''J.'l1''It;,j!IJII)!l(l:,_,~,,, ,', ,.rJ!fflJ!:' - 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 Fannie Mae is the grantee the same having been sold to said grantee on the 8th day of ~ A.D., 2004, under and by virtue of a writ Execution issued on the 8th day of June, A.D., 2004, out of the Court ofCornmonPleas of said County as of Civil Term, 2001 Number 6190. at the suit of Countrywide Home Loan Inc against Kellv S Betton is duly recorded in Sheriffs Deed Book No. 265, Page 2614. [, IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this !..d- day of ~ , A.D2004 ~ f> ~JM/~ Il_lff Deeds Cumberfand CaunIy, CarlIsle, My CommIaaion ex'p;res tho FIIlIl MondilY lff Jon.::' Recorder of Deeds ",,,,,,,,,"_.~",,,,,,"",> , '. ,-"f'" . ";'~'l, Countrywide Home Loans, mc. VS Kelley S. Betton m The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6190 Civil Term Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on June 28,2004 at 4:13 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Kelley S. Betton, by making known unto Kelley Betton, personally, at 338 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2004 at 2:06 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kelley S. Betton located at 70 West Big Spring Ave., Newville, 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 the within named defendant, to wit: Kelley S. Betton, by regular mail to her last known address of 338 McAllister Church Rd., Carlisle, P A 17013. This letter was mailed under the date of July 13, 2004 and never returned to the Sheriff's 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 September 08, 2004 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Frank Federman for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of$593.20. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News $30.00 11.63 15.00 15.00 30.00 10.00 1.00 12.33 15.00 20.00 153.80 184.45 " v' T 1 " .' ",. , - Share of Bills Distribution of Proceeds Sheriffs Deed 30.49 25.00 39.50 593.02 $ Sworn and subscribed to before me This II!:: day of (}a.L~ _ 2004, A.D. ~ ,,(,1 )u" ee:.v P othonotary ~ ""a%",_,~:, _,"" -~-I ~'"""' SOAn~ ~d r ~",.;.~-r:6J4. ~ R. Thomas Kline, Sheriff BY cJ6~ hn;J:h Real Est Deputy ~v 3J.oV ~ 1.00 I / C/e. </7 LJ /!; 1i1-. 15~ J.. <f7 <" , ~" .. ~ ~ 1 " ~ . ""V',^,1"ft,,""RI'''\''?l>., -. I COUNTRYWIDE HOME LOANS, INC. , CUMBERLAND COUNTY Plaintiff, . v. COURT OF COMMON PLEAS KELLEY S. BETTON CIVIL DIVISION Defendant(s). NO.01-6190-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) COUNTRYWIDE HOME LOANS, INC., 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 , 70 WEST BIG SPRING AVENUE, NEWVILLE, P A 17251 . 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, P A 17251 2. Name and address ofDefendant(s) in the judgment: Same as above 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) None ","] c_, '''''"'r - - .i , 4. Name and address oflast recorded holder of every mortgage of record: ,. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION, 1635 MARKET STREET INC. C/O CT CORPORATION SYSTEM PHILADELPHIA, PA 19103 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 70 WEST BIG SPRING AVENUE NEWVILLE, P A 17251 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department ofWeIfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 3. 2004 DATE d-v'1./I..f\.k ~11An FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff >~W:~",,)!llt '-" ,- ;~-, , "-I'-'~"', 1-' '" , # COUNTRYWIDE HOME LOANS, INC. Plaintiff, . CUMBERLAND COUNTY v. No.01-6190-CIVIL KELLEY S. BETTON Defendant(s). June 3, 2004 TO: KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, P A 17251 **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 SHOUW NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERlY. ** Your house (real estate) at , 70 WEST BIG SPRING AVENUE, NEWVILLE, P A 17251, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $85,046.83 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. .-'''';m.~~m',. ~ "":- '~"~=,-'~--} . r' " 'I " r , , 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 ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe 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 Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 :'''''-'%i~T<\Wi~.. , r _1_ , ~ I "'- LEGAL DESCRIPTIQN .- ' . . ALL THAT CERTAIN PROPERTY, SUUA TE IN TIlE BOROUGH OF NEWVILLE, COUNTY OF CYMBERLAND, IN . THE COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 08103/1993, AND RECORDED IN CUMIl,ERLAl'{D COUNTY, PA., ON 8/03/1993, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED BOOK L36, PAGE 298 Vested by Deed, dated 8/3/93, given by John F. Heberlig and Alice Faye Heberlic, husband auel wife to Kelley S. Betton, single person and recorded 8/3/99 in Liber Book: 36 Page: 298 . PROPERTY ADDRESS: 70 WEST BIG SPRING AVENUE, NEWVILLE, P A 177241 TAX PARCEL: #28-20-1754-012 '::-"'''''"'''''''''''<W'<''~ .,~ ~', . ~I' 'I " " ~~ I WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC. Plaintiff(s) From KELLEY S. BETTON, 70 W. BIG SPRING AVE., NEWVILLE PA 17241. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE NO 01-6190 Civil CML ACTION - LAW LOCATEDAT70W.BI~~P.mNG.~"NE"""'ILLE PA 17241 (SEE LEGAL DESCRIPTION) . (2) You arM.leP directed to att~cll,tJ:t.!'.property of the defendant(s) not levied upon in the posses~ion 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 orIor 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 gan>i\;hee: 'you are directed to notify 1rimIher that he/sJ.le has been llided'" garnishee and is enjoined as above stated. Amount Due $85,046.83.."~-'-' -'~' L.L. Interest 12/13/01 TO 9/8/04 @ $13.98 per diem = $13,993.98 Atty's Corom % Due Prothy $1.00 Atty Paid $1,380.99 Other Costs Plaintiffpaid Date:.JUNE 8, 2004 ",.-",~r (Seal) /' REQUESTING PARTY: Name FRANK FEDERMAN, ESQUUIRE Address: ONE PENN CENTER@SUBURBAN STATION 1617 JFKBLVD., SmTE 1400, PHILADELPIDA PA19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ill No. 12248 <I~~~t'J~ C(lP'~ ft;~~O~\t1 R€:~0R0; " , , ~~honO ~ ~ ~. ,_, ,l'> " 11 ., ! ':,"n*,_c"",~r: 11 ^... , .. ~"C"~ ,~ " '" 1-, -'- - ~-- ~ t~ ~ @fii'! iU~ ~ iE=If', ~ if}~, iJ)". ~ E~ to ~t;, to_, ~ I1.n ~i l;;~ Ii!' ~ - ..- ,"-, " ,."," '".--~,~ Real Estate Sale #40 On June 15,2004 the sherifflevied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, P A Known and numbered as 70 West Big Spring Ave., Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 15,2004 By:J~bJ'mt~ Real EstMe Deputy ..r :l: .- "",,r :::-~ ! >- ,," U) <." :lc ::I: I.J.J eL. "~~~-~ -- 'U~" ,.."...."'..nTI~.r;~~.,.' e ~ <S0 ~ ~-" ~~:~!f!'t~~J!~'n!\<Ji""'!";"V"!":,:',',J;--~""--:'{.~"M;~~~"'8'"'$'!,'fO(1'1!1~w,".q:f!'''~i~!"~(Hf';,,,~!l'!!~i:Y;1,'i!M..m_,, ,?"".:,,,,,,,!~_~~~ .... ' -. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, Connty of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing nnder the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at812to 818 Market Street, in the City ofHarrisbmg, County of Daupbin, State of Pennsylvania, owner and publisher of The Patriot- News and The Snnday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, Connty and State aforesaid; that The Patriot-News and The Snnday 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 Snnday! Metro editions which appeared on the 27th day(s) of July and the 3rd and 10th day(s) of August 2004. 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 Connty of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ,':~~:~~;-~~~~""~~'~:~'.""'" NOTARIAL SEAl . Terry l. Russell, Nolary I Oty of Harrisburg, Dauphl . . My Commission Expires June 6, 2006 OT Y PUBLIC M1;lmber,Penn'$Ylvanl.aAss.oclanorM~rSoW1ihission expires June 6, 2006 PUBLICATION COPY SALE#40 REAL ESTATE SALE No. 40 ,,-~-. -~Wrll No. 2001.6190 ~ _~ ,_1.~' -, Civil Term ~~Co~mtywlde Home Loans, Inc. "'~~ v. ~'- ~ J<~lIey S~ Betton --- ------"?-'!ltty: Frank Federman DESCRIPTION CUMBERLAND COUNTY SHERlFI'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ,: - ALI:fHAT CERTAIN property, situate in _ "1he Borough of Newville, County ofCul1lberland, -in 'the. Cotu-monwealth of Pennsylvania, being ':.:::more. ftiUy described in a deed dated 08/03/1993, '::and..~COraed in Cum-berland County, PA, on 81 /W1991;'among the land records of the County ',""and State sel forth aboVf!, in Deed Book L36, -_Page 298. ~';'7_- vmd by Deed, dated 8/3/93, given by Jolm 'ifF. Heberug and Alice Faye Heberlic, busband and . . . . wlf" '" K,I.y. S'. B_. singl, p'~on, and Publisher's Receipt for Advertismg Cost recordedW3f99 m Llber Book: 36 Page ~98., blisher of The Patriot-News and The Sunday Patriot-News newspapers of general PROPERTY ADDRESS: 70 West Big Spnng . .. ..' . . Avenrie:-NewviJJe,PA J724t wledge receIpt of the aforeSaId notice and publication costs and certifies that the same have TAXPARCELII28.2Jl.1754-012. I Statement of Advertising Costs To THEPATRlOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 184.45 By.................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, 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: JULY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 L SEAL LOIS E. SNYDER, Notary Public Carlisle Bora, Cumberland County My Commission Expires March 5, 2005 "--n,,~_~~k. ~ 'I' , .-- TIll REAL ESTATE SALE NO. 4!U Wrtt No. 2001-6190 Civtl Countrywide Home Loans, Inc. vs. Kelley S. Betton Atty.: Frank Federman LEGAL DESCRlPTiON ALL THAT CERTAIN property. situate in the Borough of Newville. County of Cumberland, in the Com- monwealth of Pennsylvania, being more fully described in a Deed dated 08/03/1993. and recorded in Cum- berland County, PA., on 8/03/1993, among the land records of the county and state set forth above, in Deed Book L36, Page 298. Vested by Deed, dated 8/3/93, given by John F. HeberUg and Allee Faye Heberlic. husband and wife to Kelley S. Betton. single person and recorded 8/3/99 in Liber Book: 36 Page: 298. PROPERTY ADDRESS: 70 West Big Spring Avenue, Newville, PA 17241. TAX PARCEL: #28-20-1754-012. <.,;r~___ ~,' ! ,.."- 1--" , -< "-