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Home My WebLink About01-06377 - . --~, . 'U -~,..,'.'".", ."'.6-" '0'':'_;_'_ PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division Plaintiff vs. Michael Kothe Defendant(s) : Cumberland County : No. 01-6377-Civil PRAECIPE TO THE PROTHONOTARY: _Please mark the above referenced case Discontinued and Ended without prejudice. _Please mark the above referenced case Settled, Discontinued and Ended, X Please mark Judgments satisfied and the Action settled, discontinued and ended. _Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: tJFp/,#t , ~$&&(,J ~~ Francis S. Hallinan . Attorney for Plaintiff PHS # 52929 '-"i , "-"---,' '" ~~mtl~i~-;;fi,1ii:,i_:~#.i4"'J&f:H'Hj::0;;1i;i:cllt,.t,}'rit'I.;"j.'r~ '0';;~ ~,;";"",,,,j;_,~~;",r/".,,":i"'''''''',",,-,'ci<''';-'i&-i>~.MI~!<i~- '"'"--ft~~~~d~!f"";Iii" ,.,,~ '''''''-'" ,'",,,----, -~-,;.. ',-," ~ -,,-,,""."'--- _ ~,~~r~ .~ ~ ~ c::> <:T' :i! \; ~93 G"> ~i wS;: , ::n 2'~ c..:> g <::1:) .." "'-33 ~8 :% g~ )>c: ~ "'" ~ ~ c..:> ~- ~..-- ,,,,,m;: "'" "'. """", ~- ..... ~- "" J _ ~ '. '-' f'lf;,k<.w!y, , Countrywide Home Loans, Inc. VS Michael T. Kothe In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6377 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 Law Library Prothonotary Mileage Levy Advertising Posting Handbills Share of Bills Poundage Law Journal Patriot News Certified Mail Postpone Sale 30.00 to.OO .50 1.00 17.55 15.00 15.00 15.00 24.20 19.74 460.70 347.10 .81 40.00 $1006.60 paid by attorney 09/03/02 Sworn and subscribed to before me S~: . This q!r_dayof ~ ~ ~~~ n R. Th..omas Kline, Sheriff 2002, A.D. ~ {2. ~ ,~ BY, jo~ J;/IAJ1:1.. Prothonotary Real E ate Deputy st1 \. Cft- 3 ?o':<"3 12z.v. };2 931t - ~. ",. ." ,~" ", -- -'" '-..-"',;.h0;,"".,-t~t \ COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS . MICHAEL T. KOTHE CIVIL DIVISION Defendant(s). NO. 01-6377 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 .4079 DARIUS DRIVE, ENOLA, PA 17025 . I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL T. KOTHE 4079 DARIUS DRNE ENOLA, P A 17025 2. Name and address of Defendant(s) in the judgment: MICHAEL T. KOTHE 4079 DARIUS DRNE ENOLA, P A 17025 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. -.-" JiJ . " ''< , , ,~, . "'-'W:il:Ji,~., 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) None. 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 4079 DARIUS DRIVE ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. jJ U~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff December 10. 2001 DATE - . .~.. ...~.' ~-- , ,i -~- 1 ;,~"""_,,-':': COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v. No. 01-6377 CIVIL MICHAEL T. KOTHE Defendant(s). December la, 2001 TO: MICHAEL T. KOTHE 4079 DARIUS DRIVE ENOLA, P A 17025 "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 , 4079 DARIUS DRIVE, ENOLA, P A 17025, is scheduled to be sold at the Sheriff's Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of 119,297.10 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for th~ JUNE 5, 2002 Sheriffs Sale. 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: 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 fmd out how much you must pay, you may cal1: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open th~ 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 cb you will have of stopping the sale, (See notice on page two on how to obtain an attorney.) :M'~<;'?ffj-,%-:;.fJ~-;;-:;f''%rY ~ L~ " - I", ~ '"'- "".' +~A:i;~ , . 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 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 ofthe 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 ~ ~"J e .'. ALL THAT CERT AIN lot or tract ot land situate in Hampden Township, Cumberland County. Commonwealth of Pennsylvania, more particularly bcunded and describod as follows, to wit: BEGINNING at a pcint on tr.e souU1ern dedicated rigI11-ol-way :ino oi Janus Drive alllle dividing line of Let 1/85 and Lot 1186; Thence by !ine of c'ot1/85 and passing through the center of a partition wall South 39 degrees 09 minutes 09 secClnds :::asl 110.17 feel;o a paint: Thence by line af land ef Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 20.01 feet to a paint at the dividing line of Let #87 and Let1t86; Thence by line of Lot 1/87 and passing through the eenter of a partition wall Ncrth 39 degrees 09 minutes 09 seconds West 109.40 feet to a point an the southern right-of-way line of Darius Drive: Thenee by said right-or.way Narth 50 degrees 50 minutes 51 seconds East 20.00 :2et to a paint en the di'Jidir.g line of Let 1185 and Let 1/8G. the pl<lce of beginning. CONTAINING 2.196 square r~9t. BEING Loll/86 on the Final Subdivision Plan for Whelan Crossing. Pllase VI, prepared by ACT ONE Consultants, Inc. dated February 25, 1998. recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on July 21, 1998, in Plan Book 77, Page 23. Said Plan re-recorded in Plan Book 78, Page 36. BEING SUBJECT TO tile northern half at a drainage easement as shown on tile above mentioned subdivision plan. THE ABOVE DESCRIBED premises is also subject to certain restricticns anc conditions as shown on the above mentioned subdivision pian. BEING a portion 01 the same premises which Charles E. Arndt, single man, by deed dated August 15, 1975, and recorded in the Office for the Recording of Jeeds in and for Cumberland County, Pennsylvania, on October 17,1975, in Deed Book H, Volume 26, Page 304. granted and conveyed unto William F. Rittner and Ernest L. Rittner, tenants in common. Ernest L. Rittner passed away December 20, 1978. By Ilis Last Will and Testament. probated at the Register of Wills Office in and for Cumberland County. Pennsylvania. Ernest L. Rittner appointed his wife. Janice E. Rittner, Executrix for his estate. one of the Grantors herein. ALSO BEING a portion of the same premises WlllCll William F. Rittner and Frances M. Riltner, his wife, by deed dated November 3, 1975. and recorded in the Ofrice for the Recording of Deeds in and (or Curnberland County, Pennsylvania, on November 3, 1975. in Deed Sook H, Volume 26. Page 911, granted and conveyed unto David L. Young and Janet R. Young. husband and wife. as to an undivided one-half interest. and I<athleen A. Rinner, single woman. as to an undivided one-half interest, tenants in common, Gralllors Ilerein. ," ,'~ "~m",-",. 1" - ~~~ - ~ . -. ~ < , -,- -;"~'~~1 WRIT OF EXECUTION,afld/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 01-6377 CIVIL 19 CIVIL ACTION. LAW TO THE SHERIFF OF CUMBERLAND COUNTY Countrywide Home Loans, Inc. To satIsfy the debt, interest and costs due __ PLAINTIFF(S) Irom...J'1ichael T. Kothe, 4079 Darius Drive, Enola PA 17025. -.-_____ DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located ;)t ~079 Dari'ls fh-;"", Ennlfl PA 17025. (See attached 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 Irom paying any debt to or for the accounf 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 thananamed 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 5119,297.10 LL Interest 12/11/01 - 3/6/02 $ L 686.46 Due Prothy ($19.61 per d~em) Atty's Comm % Other Costs AttyPaid $109.10 Plaintiff Paid $.50 $1. 00 Date December 11, 2001 CURTIS R. LONG REOUESTING PARTY Frank Federman, Esq. 1617 JFK Blvd, Ste 1400 philadelphia PA 19103 Plaintiff ,,~ 'dh Deputy Name Address: 1814 Attorney for: Telephone: Supreme Court ID No, (215) 563 7000 12248 ',Ce".'_ .,--'_V"";0_'i'4"lii'-;"!,.,~~0I:l1iIWMUilimiiillNil~lW.lit"";.lM<ilH~>i<'''rn!''~.t;Wli'''''~----- REAL ESTATE SALE No. 5~ On December 13,2001, the sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, P A, lrnown and numbered as 4079 Darius Drive, Eno1a, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13,2001 By: GDrI J I~ ~earE;;Bte Deputy ~\'l.jd 'i\ W;j.~'\}:\' ':; -. l\~;\\ \\), \\~ I)~, :,'~f.;f!o ).~\i\\~s ~,,~ !() , !!\'O3 " 6:9 ~ &::::::i ~ GiN l~.., ~.,',"~_ ~~ ~"~__,"~,~^.~"",..",'. '_'__'"",.~."" '0 ""~""",."...",~,~._.,_w_.~_""""",~,__,, N_ _~~. o~..,"~, ._~" "",~,_ 'n..'. '.~.'_,,'-<<__<,', ," ..v.." _,,'__~o>.,~<~, _ ~..~ '''''''-- -~~* . - .1,., --,.~, ~, ',. - ',' --, :tIJi.'ti~~M;-~' ~ 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 Michael Morrow being duly sworn according to law, deposes and S<1Ys: 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 oWce 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 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dau hin in MislZellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE#58 Sworn to and subscribe ruary 2002 A.D. Notarial Seal Teny L. Ru..~I, Notaly PublIc Harrisburg, Dauphin COUnly MyC()fl1l11iSSlonExptresJune6,2llOll N TARY PUBLIC Msmber, PennSYlVania AsSOCiation of Notari~y 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 $ 345.60 1.50 347.10 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.................................................................... "";I,, ,,-I, ~ REAL ESTATE SAL1!: NO. 58 Writ N0. 2001-6377 Civil CountryWide Home Loans. Inc. vs. NJ.chael T. Kothe Atty.: Frank Federman ALL WAT CERTAIN lot or tract of land situate in Hampden Town- ship. Cumberland County. Com- monwealth of Pennsylvania. more particularly bounded and described as follows. to wit: BEGINNING at a point on the southern dedicated right-of-way line of Darius Drive at the, dividing line of Lot #85 and Lat#86: Thence by line of Lot #85 and passing through the center of a p<ilI'tition wall South 39 degrees 09 minutes 09 seconds East 110.17 feet to a point: Thence by line of land of Whelan Crossing Phase III South 53 degrees 03 min- utes 08 seconds West 20.01 feet to a point at the dividing line of Lot #87 and Lot #86: Thence by line of Lot #87 and passing through the center of a partition wall North 39 degrees 09 minutes 09 seconds West 109.40 feet to a point on the southern right-of-way line of Dartus Drive; Thence by said right-of-way North 50 degrees 50 minutes 51 seconds East 20.00 feet to a point on the dividing line of Lot #85 and Lot #86. the place of beginning. CONTAlNING 2, 196 square feet. BEING Lot #86 on the Final Sub- division Plan for Whelan Crossing. Phase VI, prepared by ACT ONE Consultants. Inc. dated February 25. 1998. recorded in the Office of the Recor~jer of Deeds in and for Cwnberlarid County. Pennsylvania, on July 21. 1998, in Plan Book 77 Page 23. Said Plan re-recorded ~ Plan Book l8. Page 36. BEING SUBJECT TO the north- ern half of a. drainage easement as shoWn on ,the above mentioned sub- division plan. ~". . ..__.....J ,~ , ,"c-i"M....-,ic'" THE ABOVE DESCRiBED prem- ises is also subject to certain re- strictions and conditions as shown on the above mentioned subdivision plan. BEING a portion of the same premises which Charles E. Arndt. single man. by deed dated August 15. 1975. and recorded in the Of- fice for the Recording of Deeds in and for Cumberland County. Penn- sylvania. on October 17, 1975. in Deed Book H, Volume 26. Paf' 304, granted and conveyed unto -.un F. Rittner and Emest L. Rittner. ten~ ants in common. Ernest L. Rittner passed away December 20. 1978. By his Last will and Testament. pro- bated at the Register of Wills OffIce in and for Cumberland County. Pennsylvnnia. Ernest L. Rittner ap- pointed his wife. Janice E. Rittner. ExecutriX for his estate. one of the Grantors herein. ALSO BEING a portion of the same premises which William F. Rittner and Frances M. Rittner. his wife. by deed dated November 3. 1975. and recorded in the Office for the Recording of Deeds in and for Cumberland Coun- ty. Pennsylvania, on November 3. 1975. in Deed Book H, Volume 26. Page 911. granted and conveyed rmto David L. Young and Janet R Young. husband and wife. as to an undivided one-half interest. and Kathleen A. Rittner. single woman. as to an rmdivided one-half intoer- est. tenants in common. Grantors herein. it' ''''~c_"'''-'''''''';>~'''''''."'''''''''''''''-_ -"""""",~-' ~'.....~~ <~ ,. ".- ' , """'_;.'.;;',;-.,-,"">;;.,,c/; """:7j,,,'1'\~^~'J.< . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 STATEOFPENNSYLVANIA : 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 ofthe said Cumberland Law Journal on the following dates, VIZ: JANUARY 25, FEBRUARY I, 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, SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 NOTARIAl. SEAL LOIS E. SNYDER. Notary = C8IIlIIe Boro. CumbeitaniI ,tv My Co.mI.d88ion ElcplI8S March 5. 2005 REAR ESTATE SALE No. 58 Writ No. 2001-6377 ClvnTerm Countrywide Home - Loans, Inc. ~ v. ~_ MIchael T. Kothe :~tty: Frank Federman DESCRl';,rON ~ THAT CERTAIN lot or tract .of land ~jsituate in Hampden Township, Cumberland 'COtlnty,-Common\\~a1tli of Pennsylvania, more "'particularly bounded and described as follows, "to wit :BEGINNING at a point on the southern :dedicafud right-of-way line of Darius Drive at 'the dividing line of Lot #85 and Lot #86; :iIhence ,by line of Lot #85 and passing through ,: the--Ce1lter of a partition wall South 39 degrees - 09 minutes 09 seconds East 110,17 feet to a ,'point; Thence b}' line of land of Whelan :.CtOSmigJfuaseUlSouth 53 degrees 03 minutes :08.- Setonds West 20.01 feet to a point at the ,dividing line of Lot 1f87 and Lot #86; Thence .by line of Lot 1/87 and passing through the ""OOlter of a partition wall North 39 degrees 09 ~~minuteS {)9 se<:onas West 109.40 feet to a point 'on the southern right-of. way line of Darius 'Drive; Thence by said right-or-way North 50 !degrees..-5D rninute~:,51 seconds East 20.00 feet 'to a point on the dividing line of Lot #85 and ,Lot #86, the place o~beginning. CONTAnING 2,1% square Teet. 'BEING Lot #86 on .'ie Final Subdivision Plan jor Wbclan Crossing, Phase VI, prepared by ;ACrONF, CODSultanls. Inc. dated February 25. '1998, recorded in the Office oithe Recorder of '~ueoos:::: III anC1-ror-Ciim1:i€rllind County, ;P.ennsylvittlIa, on July 21, 1998 in Plan Book :ii/iW;J. -, ge....2L..Sai([.!1an re.,recorded ~. _ __ " 'lIlQIiSU'lle 36. . . =BENG~$JBJEcr-ro llie northern balf of a ~age easement as shown on th~ above ~ed.5!!hdivisionplan. '-1-lil:;._AtR}~'-l::'.-DESCRlJ3E[T premises"",:> alSo .It..LW.ll;4,;~ l.U l,;CJI-iUU ~~!l,;uonranuCOffOitl.ons as ~~ :mehtiQDtd subdivision :~G a~on orthes~ premises whkh 'Oi3?IesE: Arndt, single man. by deed dated Altgust 15, 1975, and recorded in the Office for . the Recording of Deeds in and for Cumberland :0Xliify; Pennsylvania, on October 17, 1975, in :Deed Book H, Volume 26, Page 304, granted '~q conveyed unto William F. Rittner and :~tner,.tenant!;in-commoll.-EmesLL. "Rlftnetpas-sed away December 20,1978, By his laSt Will and Testament, probated. at the- l&jiStei':ofWiIls Office in and for Cumberland ~. _Pennsylvania, Ernest L Rittner :~h1s wife, JaniceE. Rittner, Executrix :f&.his..estate,_one,of,fhe Grantors herein. AlSO :~~G a pOrtion or the' same- premises which "'WiIIiaffiF, Rittner and Frances M Rittner, his ;.wife, by ,need dated November 3. 1975 and Tci:Qrded :,4 the Office fOf the Recording of ~ in and for' Cumberland County, ':~atii:SYIWnia, on November 3, 1975. in Deed "'Book H, V,lume 26, Page 911, ,grantep and '~~u\ifo-Jjavrd-L. Young and Janet R. ~.husband and_ wife, as Ja.an undivided ~interest, and KathleenA. Rittner, single :mman._llS. tQ.aD wtdivided ooe-half interest, ~~lmfs:il! c:ommon, Grantors herem. .~_,;.u-"","~"'~~."'"~ .,--- ~~<<lllUllh_oIiiI- . , I ~~~ , ' -"<'-l"'-'-'-'~\_M",<--t . . FEDERMAN AND PHELAN By: FRANK FEDERMAN . IdentificlItion No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOlIN F. KENNEDY BLVD., SIDTE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INe. 7105 CORPROATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6377 CIVIL MICHAEL T. KOTHE Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MICHAEL T. KOTHE 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 11/1/01 to 12/11/01 TOTAL $118,274.91 $1,022.19 $119,297.10 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. J~J; li FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: i d--- 11- 01 ' ~ I< LA ~> AM PRO PROTHY 9 y - --~. -~" .~. - I,~~ ] ;, ".'<' iil!J.:lii~;'1'JI"l, , (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 7105 CORPROATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6377 CIVIL MICHAEL T. KOTHE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Il ~tL 2001. By: If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF, KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" :;~~~~~~~~,;jj!iliIWl!l:~~'lk,H.Jia>;>i*--",~"",'"',,,:;;,~, u, _'-H-__,.~""';'">",,;,_ "",;;';;>,,-'i,itif.;;t,ti1t-.~"_'~1 ~, ,- ~~;];:tti$___-W~~;' ,mf ~I1IIRI C C~\ -' C ".~. ,:::] -0 G:' 1'''1 ri'! [~- :::-j ~ /.-- (/~ e: ,~i )~-:::: r' L.. , ,.- ~~~ I',,) '-.-' -;'? ::;-~ S2 ,- -....-, ~~ .-J -< ---': , - Jk - ~- , , 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. 01-6377 CIVIL MICHAEL T. KOTHE Defendant(s) TO: r .-. "-", ~' ~ MICHAEL T. KOTHE 4079 DARIUS DRIVE ENOLA,PA 17025 '>?l' DATE OF NOTICE: NOVEMBER 30.2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 hJ .:kd~ Frank Federman, Esquire Attorney for Plaintiff ;..,c- '~-~""i-' "' ~~ _1._ ""-' -~ ' ~~ " " L _ '"~ ,~ ',:.>,-, -_.\i'.l;~IiAL FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA,PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. 7105 CORPROATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6377 CIVIL MICHAEL T. KOTHE 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 of1940, as amended. (b) that defendant MICHAEL T. KOTHE is over 18 years of age and resides at, 4079 DARIUS DRIVE, ENOLA, P A 17025 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~J tL- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '\iCf'ig~&:'ttll~_4!~t<<iwilW.fl~_dgmi- ' _ litlM!!;;!:!i',Ht's>'i>!I,,11.j,:',,,,' "";'<:,Wj,',.' ,,-j@,,;'~'j~!O'''~' ..--'~,~ "'~. ~.. ~'" ~ r--. Q'\ ~ r- ~- :::r .....1;-.. \ }\.. '''c'',~_.. ~ ~ ..,.,~,,", ~, "" '~~j~\~*.W'['~::fti.\);:lI. 'iililiIlI~l ~ ~ - 6"' ~ -.....l IN i)' -=- -.J \1 G ~ ~ r ~ _. ~ ........ ........ 6 '- c c ..,c -of3.': rnr'" Z'O) , >:~ r::-' c.:-::_" ~.::: i.~) 's-:":=, 0;;;''::; ':;.,~..: / , ~ =0 -< c::) c::J : ";~l C) , -v ~@R -,,I)-. ::;;;~ E;'~ 0'\ -- 1'3 ,-='c:: ,~~;cA -'-l :,~ -< r:-" .-..1 ..- - ~~.~ - ."""'~'- "- ,-;" .~, "> ~'.~..'" ~i~_~~ , -' , PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INe. Plaintiff, v. No. 01-6377 CIVIL MICHAEL T. KOTHE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $119,297.10 Interest from 12/11/01 to 3/6/02 (per diem -19.61) $1,686.46 and Costs TOTAL $120,983.56 4~~_. FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. 'k) -:ilJi'^'lf,M~~~~1,,'rffi{;lj,~~;ili&~~",1;!"LdkH~"IYI"~~~"~ ~..,-':_-ili:,-'" "",,'i"'-'E"""~_oN:"''''8:W~,,~.''''''''~i'-r~iMi~ ~-'t8Jr,:~~!jllii!&.&i~- on M <::0 l"- ..... ...:$ < ~ OZ Z <' oo~ U 0 .... Z .... 0 <.... Eo< f;;;l;>< .... ;;;l Z . f;;;l S:;oo 00 U ..cJ ZZ ~ f;;;l ~'E' r.S Q.) = ~ ;;.- ~ OZ 0 Eo< f;;;l = .~ ; ~ ~. .... '" ~ '" ~ ... 0 Q.) ~ 0<:: ~ .D - O~ .. Po, 00 ~ Eo-< Eo< .. ;;;l 0 .; ;~ .... S UZ <8 ~ ...;;;l = :> .... ~~ ~ f;;;l ;>, 00 f;;;l Q.) Q.) < ~~ a ~ ~ Eo<U ~ = ~ 0'" 0 ~ f:l. ~~ U ... S ~~ l"- Q.) .... f;;;l6 <::0 .... ~ "'" Q.) 8; ~ ~ Eo< .... U '" f;;;lf;;;l Z '" == ;;;l ~ ..0 ~ Eo<~ 0 Q.) - -0 Z;;;l U .~ < ~ ~ ....u ~,~,"',_. - "" ~"'~-,.~ ~ 0-".' ~~ ._,'_~~,_, ~," ,_'c ',.~~'~"'^~ ~~ ,>~-=, =" -- , '- .. . " I"~ "= ''-"- -- '.,.--'> c~__ '"' 'i"" ,,'.he , a.,,'" ... ALL THAT CERTAIN lot or tract of land situate in Hampden Township. Cumberland County. Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the soutllern dedicated rigllt.of-way line of Darius Drive at tile dividing line of Lot 1/85 and Lot 1/86; Thence by line of Lot 1/85 and passing through the center of a partition wall South 39 degrees 09 minutes 09 seconds East 110.17 feello a point; Thence by line of land of Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 20.01 feet [0 a point at the dividing line of Lot 1187 and Lot 1186; Thence by line of Lot #87 and passing through the center or a partition wall North 39 degrees 09 minutes 09 seconds West 109.40 feet to a point on the southern right-of-way line of Darius Drive; Thence by said right-oi.way North 50 degrees 50 minules 51 seconds East 20.00 teet to a point on the dividing line of Lot 1/85 and Lot 1/86, the place of beginning. CONTAINING 2,1 96 square r~et. BEING Lot 1/86 on the Final Subdivision Plan for Whelan Crossing. Pllase VI, prepared by ACT ONE Consultants, Inc. dated February 25, 1998, recorded in the Office of the Recorder of Deeds In and for Cumberland County, Pennsyivania. on July 21,1998, in ptan Book 77, Page 23. Said Plan re-recorded in Plan Book 78, Page 36. BEING SUBJECT TO tile northern half of a drainage easement as silown on the above mentioned subdivision plan. THE ABOVE DESCRIBED premises is also subject to certain restricticns and conditions as shown on the above mentioned subdivision plan. BEING a portion of the same premises which Chartes E. Arndt. single man, by deed dated August 15. 1975, and recorded in the Office for the Recording of Deeds in and for Cumberland County, Pennsylvania, on October 17, 1975, in Deed Book H, Volume 26, Page 304, granted and conveyed unto William F. Rittner and Ernest L. Rittner, tenants in common. Ernest L. Rittner passed away December 20, 1978. By Ilis Last Will and Testament. probated at the Register of Wills Office in and for Cumberland County, Pennsylvania. Ernest L, Rittner appointed his wife, Janice E. Rittner. Executrix for his estate. one of the Grantors herein. ALSO BEING a portion of tho same premises wllicl1 William F. Rittner and Frances M. Rittner, his wife, by deed dated November 3, 1975, and recorded in the Office for the Recording of Deeds in and (or Cumberland County, Pennsylvania, on November 3. 1975, in Deed Soak H, Volume 26, Page 911, granted and conveyed unto David L. Young and Janet R. Young, tlusband and wife, as to an undivided one-half interest. and l(all1leen A. Rittner, single woman. as to an undivided one-hall interest. tenants in commOl1, Grantors Ilerein. l!fj ~ii-::-b; ':2 'Hfi~1liii,li!jJ~~i~!RilffiilruSlf~<<..m;;;f'Mb'&'""'5""h"L-';; ,h'l'ifu\-)~.,'il,,-..,.Md!~.~,*~c8" '-I' '~"""'''''''1ll'""' -r-1\\JH \..J-'\/\ ::::r; ,.~. ~,,"' ~:"~--~ " -, ~, ~ , ,," ,,'" ..~~,,!;iNllli c__~, ."0, ~'- ,~ ,~" ,.,... --""" ,- ~<~..- Q c <-C',. ill~,:: ""-;r.,..- i)} ~- .~, r-::::c' < ..t'-'".-,--. ~~~~, .-;,.- ~ -< o .',-) r " -- ;", ....s. r:~) r::- 0') )> :.1:} .~ - - ~~ ~",,_. ~~, ~ j ~ _,."~ __.-'l' J~ , ~ ,I.. ":IIlii'J ~ ~, t, , ' ~. 'j--i'~j . , , . COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MICHAEL T. KOTHE CIVIL DIVISION Defendant(s). NO. 01-6377 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 ,4079 DARIUS DRIVE, ENOLA, PA 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL T. KOTHE 4079 DARIUS DRNE ENOLA,PA 17025 2. Name and address ofDefendant(s) in the judgment: MICHAEL T. KOTHE 4079 DARIUS DRNE ENOLA, P A 17025 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 ......~. ,.- : - . ~i". ~';;Cj.'"~'""t l . 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) None, 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 4079 DARIUS DRIVE ENOLA, P A 17025 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. -1J U/~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff December 10. 2001 DATE -;: 'n~~,i'i~jj '_~li~iHm!,*,lIgMi:li;,~,..Jf:.,ij;:j(ti;rl~~''':ilij''''x~'~''i<..<""",,,,,,,,,,;+;,,",,,,,,~,,'~":M=Ji!~'si'i~;;w~1JrjiUIi...1il.t1il' iJu. . ~MlK;tJlililill-lWf;~ -'~ iIl.jt .~~.y~ - ~~ , ~ ~~ ,~ '" F~ .......... ~ S: - o ~ . \- e FU J ~ k~-' 9-, ~ CJ-.! ~ . <:..J'. G," \::' cJ.- c:::, ~ ~.. , ~ C'::) r-') -;-'1 -c.i C::J -j n'< ' :..] 2: :7 CiS r :;~ :~) ,c:. ':';:~ 1'-.) ~.> _u, 1:- --"0.' ( p SJ --<~ '--'lI!ljj " "' .1;".,....,,;,. , , ~""., ,~ -iilil~.:lf~';''''''l' J FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHlLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL T. KOTHE NO. 01-6377 CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. iJ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff liltl"c'iii>il~li~__"'_,';"<"'",.'"" ~.,,""'''''''1::-; "","-"''''''''i,,''''''i<<,,,*'4f!;hlii\!li"iliH'''' -'-""iam!JIiii'- --",,,. ~IJli i.J -"1\OIil~~!1.~ o ~= -0 r-~' ~ n~l ~". r: ~~C >~~:,; ,<<;- ::) -, .~ ,~ ,~._, , 1. c:"} (~ CJ "1 ,',"j ":~ 'v ::\::: , ~J . .~.), ~; N ,c.- OO J:': ."" -< ..... ~ ,L ~" "ll'~~~ '.' ,~L" ~,.,~ " !i:~$",",j>."h,,~,! COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v. No. 01-6377 CIVIL MICHAEL T. KOTHE Defendant(s). December 10,2001 TO: MICHAELT.KOTHE 4079 DARIUS DRIVE ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING 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 , 4079 DARIUS DRIVE, ENOLA. P A 17025. is scheduled to be sold at the Sheriff's Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of 119.297.10 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for th~ JUNE 5, 2002 Sheriffs Sale. 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: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 attomey.) "~" .. ,L_"~. ~'"". ~ "'-'''',~~:'''-,~'''' 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe 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 ofthe money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed, 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE 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 LmERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 '" " _A-', "" ~ -,,~ ~~ '''':':'X1i1J ';;,ll,ii,ili.--k" ..., ALL THAT CERTAIN lot or trae: ot land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on l~e .outllern dedicated rrgi~['ol.way :ine oi Jarius Drive at lIle dividing line of Lot 1185 and Lot 1186: Thence by line of l.ot 1185 ar,d passing through the center of a partition wall South 39 degrees 09 minutes 09 seconCs ::ast , , 0.17 feet :0 a (Joint: Thence by ~Ine of land of Whelan Crossing P~ase III South 53 degrees 03 minutes 08 seconds West 20.01 feet to a point at the dividing line of Lot #87 and Lot #86; Thence by line of Lot #87 and passing through the cenler of a partition wall Ncrth 39 degrees 09 minutes 09 seconds West 109.40 feel \0 a point an the souther~ right-oF-way line of Darius Drive: Thence by said "ght-Of.way Ncrth 50 degrees 50 minutes 51 seconds East 20.00 reet to a pcint on the divic;r.g line of Lot l/e5 and Lot 1/86, the place of beginning. CONTAINING 2,196 square r~9t. BEING lot 1/86 on the Final Subdivision Plan lor Whelan Crossing. Pllase VI. prepared by ACT ONE Consultants, Inc. dated February 25, 1998. recorded in the Office at the Recorder of Deeds in and for Cumberland County. Pennsylvania. on July 21, 1998, in Plan Book 77, Page 23. Said Plan re-recorded in Plan Book 78, Page 36. BEING SUBJECT TO tile northern half of a drainage easement as shawn on tile above mentionec subdivision plan. THE ABOVE DESCRIBED premises is also subject to certain restrictions anc conditions as shown on the above mentioned subdivision plan. BEING a portion 01 the same premises which Charles E, Arndt, single man, by deed dated August 15, 1975, and recorded in the Office tar the Recording of Jeeds in and for Cumberland County. Pennsylvania, on October 17, 1975, in Deed Book H, Volume 26, Page 304, granted and conveyed unto William F. Rittner and Ernest L. Rittner, tenants in common. Ernest L. Rittner passed away December 20, 1978. By Ilis Last W!II and Testament. probated at tile Register of Wills OHice in and for Cumberland County, Pennsylvania. Ernest L. Rittner appointed his wife. Janice E. RiUner, Executrix for his estate. one of the Grantors herein. ALSO BEING a portion of the same premises wllicl1 William F, Rittner and Frances M. Rittner, his wire, by dead dated November 3, 1975, and recorded in the Office for the Recording of Deeds in and for Cumberland County. Pennsyivania. on November 3, 1975. in Deed Book H, Volume 26. Page 911, granted and conveyed unlo David L. Young and Janet R. Young, husband and wife, as to an undivided one-half interest, and Kathleen A. Rittner, single woman. as to an undivided one-half interest. tenants in common, Gralllors Ilerein. [!;:'j '""];;;;.:,, '~'~l...~.,;~;;i;"'''1I:~-irtliHWl;t~ii::ili.m~'I\w:;'1!lliI;''''''',:i,U;,:,;C'- ~L \2> '11' "",","' ")"'o''':'-';;'~-!, ';&'''''T'!i1l4l-,l'l~,wiml!~,~MilIll ~"'~"m~~I;!lIIb' - ~= ,'-<". ~.~. ,~, _.,,' ~ ;j,; . ;:s ,< ',~1.__ '.' 2:~ :~" ";:-1.._,; .~-';; "=J " ... ':7 , '"') :::? r...i c:- eo - ", " '~".t I:' . , , ~, " , ~lfiI.&5"#;~-wLM:,i, 06/04/02 TUE 07:54 FAX 2155633826 FEDERMAN AND PHELAN I4J 004 " ~ 1 FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 K TORNEY FOR PLAINTIFF C( 'URT OF COMMON PLEAS CI iIL DIVISION Nt I: 01-6377 CIVIL COUNTRYWIDE HOME LOANS, INC. v, MICHAEL T. KOTHE Cl. MBERLAND COUNTY MOTION FOR POSTPONEMENT OF SHERI ~F'S SALE Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for a d month postponement of its Sheriff's Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriff's Sale of the mortgaged property involve~ herein has been scheduled for 6/5/02. 2. Plaintiff has agreed to possibly place mortgagors on a repay plan, which would allow the Defendant(s) to cure the mortgage default. 3. A d month postponement of the Sheriff's sale will ehable Plaintiff and Defendant(s) to complete negotiations. WHEREFORE, Plaintiff respectfully requests that the Shellff' s Sale of the mortgaged premises be continued to 9/4102. FEDERMi N AND PHEL ./ B~~ DALE f. SHUGHART, ., ESQ., LOCAL COUNSEL FOR FRANX FEDERMAN, ESQUlRE ATTO: lNEY FOR PLAINTIFF - . 0.. ~ - "= '.' ,,-,' rr' 06/04/02 TUE 07:55 FAX 2155633826 FEDERMAN AND PHELAN --, l. ." FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION N(}: 01-6377 CIVIL COUNTRYWIDE HOME LOANS, INC. v. MICHAEL T. KOTHE CUMBERLAND COUNTY PLAINTIFF'S MEMORANDUM OF IA W Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriff's Sale of real property by special order of Court. In the case sub judicia, a Sheriff's Sale of the mortgaged promises has been scheduled for 6/5102. However, a ;l month postponement is requested to allow Plaintiff and Defendant(s) to complete negotiations. Inasmuch as the postponement will inure to tJ.le benefit of the Defendant(s), Defendant(s) will not be injured by the granting ofthe relief requested, Accordingly, Plaintiff respectfully requests a ;l month continu$(o:lce of the Sheriff's Sale of the mortgaged premises to the 9/4/02 Sheriff's Sale. Respectfully submitted: Federman :"Phe By:JJ )', DALE f. SHUG T, JR., ESQ., LOCAt..COUNSEL FOR FRAN/<; FEDERMAN, ESQUIRE ATTO~YFORPLAINTIFF ,.- ;~Ji..-y,," 141 005 f.. X 11 ,,,,' ~ '.'," ';',',..- '~i!l~wdw"", 06/04/02 TUB 07:55 FAX 2155633826 FEDERMAN AND PHELAN I4i 006 %-14345X' ." t>>.lt ~1hl-l. k I~IL VERIFICATION {'OC4./ '?I"," Ikd", :1m" Esquire, hereby states that he is the! attomey for the plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Motion for Postponement of Sheriff's Sale are true and correct to-the best of his knowledge, information and belief, The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unswom falsification to aulitorities. Date: JUNE 3. 2002 MAl DALE F. SHUGHART, JR., ESQ., LOCAl" COUNSEL FOR FRANIt FEDERMAN, ESQUlRE A TTOf"WEY FOR PLAJNTIFF ~ .~. < ,J. "~ h ,...-. "~'.!l'll~, 06/04/02 TUE 07:55 FAX 2155633826 FEDERMAN AND PHELAN 141 007 . FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILAJ)ELPHlA,PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION N( I: 01-6377 CIVIL COUNTRYWIDE HOME LOANS, INC. v. MICHAEL T. KOTHE 4079 DARIUS DRIVE ENOLA, PA 17025 CIMBERLANDCOUNTY . tG\k f.)~ J.wi ~:~FICATION OF SERVICE I, ~ Esq ire, hereby certifY that a copy of thlGMotion to Postpone Sheliff's Sale relative to the above matter has been sent to the individuals indicated below on JUNE~ 2002. MICHAEL T. KOTHE 4079 DARIUS DRIVE ENOLA, P A 17025 cllc&J V DALE);!. SHUGHAR , Q., LOCAI..COUNSEL FOR FRANt-FEDERMAN, ESQUlRE ATTORNEY FOR PLAINTIFF JUNE 3, 2002 ~~ll:!i;-lI~\i~i!fM&<io~"'1lU~iliii';\";E,">f'i;.;,,,cC>'l,' ,.';" ",;"X(-id,;[{j,,'il-c~"J~~~iJllim l~.,..~ ~ ,~~ ~'''._ ~. ' .~M" ,,-, 1lI/lIli!I1i'-' "~"'~, '''"''''-~-~~ .,>,~ , ~--,,~ .~ -~" ~,~ III_~ <~.= (~, ) "." . , " ,-:--,"1 (~ , .~ ' , , ',,) .~ .~ -< -~ ~ ~ FEDERMAN AND PHELAN I4J 003 06/04102 TUE 07:54 FAX 2155633826 " .' FEDERMAN AND PHELAN, L.L.P. ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INe. v. MICHAEL T. KOTHE ORDER AND NOW, this t.ffL day of . ,> ~L H" ~,. '~-wi.~~r><.,,1 JUN 0 4 2002 ~ P; TORNEY FOR PLAINTIFF C( IURT OF COMMON PLEAS CI VIL DIVISION NO: 01-6377 CIVIL CIIMBERLAND COUNTY :r lVl C- ,Z DOC, after consideration of Plaintiffs Motion to Postpone Sheriffs Sale of the mortgaged properly, it is hereby ORDERED that the said sale is extended 1 month(s) to the regularly scheduled CUMBERLAND County Sheriffs Sale dated 9/4/02. No further advertising or additional notice to lienholder or defendant(s) is required. COfy jlV';"., tu Dale-S2lt;hC,J-f\!k. Cot Y i 11/~ ti) <s 4-i'f:f /") { _J J c> fld(,flhCVl 1- Pj,e!~!iJl \JJf'y M"/ N/f. t } ,/JA /, (17",<0 fh {blf /YJad-!tf.. 1-" "I/C ~ BY THE ( 'OURT: o "'~_-N "'.0"" ~~& " ~ . _,,",," .", ."'", "~M",'., " _, ~"~'~.~"'."'> F:{ & I n DoPo",o'~~ J:(I(.... 4. ~fO'~ """.,."". ........" '!ll""'''~I''iir''llIirf.~IIJ~]' 'I'Tmnlliif'J"iltjl~'T""! gg~~Ml!llmi\~_,"""""," 1.fiJILlIT ~J,,~~A~1$""'-?1~""1W~?"("j2''''"!:'-'<--c'' 1'_""'N~1RJ,<!;~~'i'i":ll!fr~~l~!El'4"'~~~~~ ~",- - lIIllllliilIUIIII_"" , " ~I ~ - __, ,--, ~~'t~i,;-' FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (? 1 'i) 'i1i1-7000 ATTORNEY FORPLAmTWF COURT OF COMMON PLEAS CIVIL DIVISION COUNTRYWIDE HOME LOANS, me. 7105 CORPORATE DRIVE PLANO, TX 75024 TERM V. NO. 01 - 1,377 '--- Oi u,L }~ Plaintiff CUMBERLAND COUNTY MICHAEL T. KOTHE 4079 DARIUS DRIVE ENOLA, P A 17025 Defendant(s) CIVIl. ACTION - l.A W rOMPI,AINT TN MORTr.Ar.R FORRrT,OSTTRR NOTTrR **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. W 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 COUNfY CUMBERLAND COUNfY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 7232212 ,!'f'l' . _~,~""""._ l"~ ~. , ~ . l..-,~, '_ ~ '" ,"" ":"'''-'''''"'-'l%AJ=.; . ~ ti.ll~""" ~~~- ..~., IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVII>E 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 Fl[LED 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. """ '",,--- '. ' ",..1 " . " , 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRNE PLANO, TX 75024 2. The name(s) and last known addressees) of the Defendant(s) are: MICHAEL T. KOTHE 4079 DARIUS DRNE ENOLA, PAl 7025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 5/26/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES L.P. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1615, Page 119. By Assignment of Mortgage recorded 11114/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 659, Page 1147. 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 6/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. " ;....c..' )l{~-;'< .- . ~ ",""""",,,,~ ~-> " ^ ,~' ,1, ' ,~ , I ., ~,,,- ~ 6. The following amounts are due on the mortgage: Principal Balance Interest 5/1/0 I through 11/1/01 (Per Diem $26.21) Attorney's Fees Cumulative Late Charges 5/26/00 to 11/1/01 Cost of Suit and Title Search Subtotal $111,027.98 4,848.85 1,250.00 206.35 iSlLllil $117,883.18 Escrow Credit Deficit Subtotal 0.00 3.'ll.TI ~ '191 7'1 TOTAL $118,274.91 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $118,274.91, together with interest from 11/1/01 at the rate of$26.21 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. }~~ /r;./ Fnmk F~Clp.rrn~n FRANK FEDERMAN, ESQUffiE Attorney for Plaintiff "'; "__~'3"'-'''"''''''~"''-,k''''~_'''-'"",_'~~.''''''''""".tf''''''''',,,,,,,,' .......~ ..~----'"- ..d .~ ~. I '-' 1,;1 " '. "'~' ~""'~0..!VS,;M . ALL THAT CERTAIN lot or tract of land situate in Hampden Township, CumberlHnd County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the soutllern dedicated rigllt'of-way line of Darius Drive at the dividing line of Lot tt85 and Lot 1186: Thence by line of lot 1185 and passing through tile center of a partition wall South 39 degrees 09 minutes 09 seconds East 110.17 feet to a point; Thence by line of land at Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 20.01 feet to a point at the dividing line of lot 1187 and Lot #86; Thence by line of Lot #87 and passing through the center of a partition wall North 39 degrees 09 minutes 09 seconds West 109.40 feet to a point on the southern right-of-way line of Darius Drive; Thence by said right-at-way North 50 degrees 50 minutes 51 seconds East 20.00 feet to a peint on the dividing line of Lot 1185 and Lot 1/86, the place of beginning. CONTAINING 2,196 square feet. BEING Lot t/86 on the Final Subdivision Plan for Whelan Crossing. Phase VI. prepared by ACT ONE Consultants, Inc. dated February 25, 1998, recorded in the Office of the Recorder of Deeds in and tor Cumberland County. Pennsylvania. on July 21. 1998, in Plan Book 77. Page 23. Said Plan re-recorded in Plan Book 78. Page 36. BEING SUBJECT TO the northern half of a drainage easement as shown on tt1e above mentioned subdivision plan. THE ABOVE DESCRIBED premises is also subject to certain restrictions and conditions as shown on the above mentioned SUbdivision plan. BEING a portion of the same premises which Charles E. Arndt, single man, by deed dated August 15. 1975, and recorded in the Office for the Recording of Deeds in and for Cumberland County, Pennsylvania, on October 17, 1975, in Deed Book H, Volume 26, Page 304, granted and conveyed unto William F. Rittner and Ernest L Rittner, tenants in common. Ernest l. Rittner passed away December 20, 1978. By his Last Will and Testament. probated at ttle Register of Wills Office in and for Cumberland County, Pennsylvania, Ernest L. Rittner appointed his wife, Janice E_ Rittner, Executrix for his estate, one of the Grantors herein. ALSO BEING a portion of Lll0 same premises whicll William F. Rittner and Frances M. Rittner, his wife, by deed dated November 3, 1975, and recorded in the Office for the Recording of Deeds ill and for Cumberland County, Pennsylvania, on November 3,1975, in Deed Beak H. Volume 26. Page 911. granted and cOllveyed unto David L. Young and Janet R, Young, husband and wife, as to an undivided one-half interest, and l\aLllleen A. Rittner, Single woman. as to an undivided one-half interest, tenants in common, Grantors 11erein. - - . ~ ~,... nlill.. --" "'" I L".'"' ,l"",, C". '" ,. l~"... ~...>~_ By Installment Agreement of Sale dated November 24, 1995, Janet R. Young and David L. Young, husband and wife, of Hampden Township, Cumberland County, Pennsylvania, Kathleen A. Rittner, single woman, of Alexandria, Virginia, and Janice E. Rittner, widow, Executrix for the Estate of Ernest L. Rinner of Silver Spring Township, Cumberland County, Pennsylvania, sold their interest in the premises to Whelan Associates, L.P., of which Richard E. Yingst, Jr., is sole General Partner. The Certificate of Limited Partnership was filed with the Pennsylvania Department of State November 27, 1995. '_. __ "I ,~~, ~'riAld;.-'" j' General Power of Attorney is vested in Janet Rittner Young for Kathleen A. Rittner, recorded in the Office for the Recording of Deeds in and for Cumberland County, Pennsylvania, at Miscellaneous Book 555, Page 1046. UNDER AND SUBJECT TO Covenants, Easements, Restrictions, Reservations and Rights of Way of Record, including, without limitation, those listed in the Declaration for Whelan Crossing, (a planned community subject to the provisions of the Uniform Planned Community Act, 68 Pa.C.S. ~5101 et seq.) filed by Whelan Associates, LP. and recorded on August 12, 1997, in the Cumberland County Recorder of Deeds Office, in Miscellaneous Book 554, Page 480, as amended, Said Declaration provides for a homeowners' association and specifies the rights and obligations Of all Owners of Units in Whelan Crossing. TOGETHER with al/ and singurar the hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversions and remainders, rents, issues and profits thereof and all the estate, right, title, interest, property, claim and dl?mand whatsoever of the Grantors, in law, equity or otherwise, of, in and to the same and every part thereof. TO HAVE AND TO HOLD the above.described premises with the appurtenances unto the Grantee, Grantee's successors and assigns, forever. AND the Grantors do hereby covenant and agree to and with the said Grantee, that the Grantors, their heirs, executors and administrators, shall and will SPECIALLY WARRANT AND DEFEND the hereinabove described premises, with the hereditaments and appurtenances, unto the Grantee, Grantee's successors and assigns, against the Grantors and against every other person lawfully claiming or who shall hereafter claim the same or any part thereof, by, from or under him, her, them or M., ,.,f ,J.",..., eh<J11 '-"nri will ~/lhjp.~t;,~ aforesaid. SPECIALLY WARRANT AND PREMISES: 4079 DARIUS DRIVE J, , _~ " ^ ,h,~;~,~, ". " ~..#ili~ . . VERIFICATION FRANK FEDERMAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction ofthe court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure is based upon information supplied by Plaintiff and is true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 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. ~ 1--~ Frank Federman, Esquire Attorney for Plaintiff DATE:~ ."" ~~~iIm:i;ll~~.tI>,O,,;&.~'l;';.-'<'i""i,,!''0':l;,~~;ltJiw,j~!.iilr,w; >~~"k'" ".'~ _[1 1ff;iii~~~~-'"'~~' ".~~ ~ ~ 0 C:J ~~ ~ oCq. c: ~ ~ :,::...' :::r-:: ~ "0[:" C.:J ~ ~ rnrf lI\ Z:J_' ?~L I 8 ........ ~ d . U).~: ' co 8 .< "- V) r:: 4"0 ~ ~-~ ~ I D ~~ ~~~ t:i I ~-: '-.....) ~ U ~ L:_ <~: ~ ---t ~.:;..) t( ~C '0 ..< ) t J,,,,,,,,:1J>~,Jk,~,,~,~,,,,,,,,,,,,, _ ~,= "",.~,,,,,I.,,,,,_,,~_,,,,,,,,''',L_'~'_~~~'~~___'_''M' ~," __?,. ~.^ , ,~ =~,~" ~_." - - '" ,~"- ~ - ~~ L"~ .I 'r.; o '-- ~~. "."".-~" ~1-:, .. - FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400 One Penn Center . Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. PLAINTIFF COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY No.01-6377 CIVIL MICHAEL T. KOTHE DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. ~'()JY1j( ~X{)O/\~ F K FEDER~,/ESQUIRE Attorney for Plaintiff Date: NOVEMBER 14, 2001 -, ~ '",""" .........---'..I'_-~ .,."'. , ,~ ~_. .~- ~ ~.L., ' ~" '";;i.1"-~_~;..,;ql" ... ..' VERIFICATION BRANDON SCillMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INe. 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 tnie 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, CS, Sec, 4904 relating to unsworn falsification to authorities. DATE: (\ ~ IY lO\ .'.t~ilI~~-grl'il!t~'Wdi~wil't-~.!MiiiliWl&ij\ji!lfi-:;<jj''''!i~Mfl':''~1'iM~r"i'41~f,~~i}tfEJj '''''''''''d'' M~'" ,.,. F-:5 /31/ "'.c'_:2."O _ ~~. ~ "'''M,"~' ~ "~~"':ili-~Jj[''';'~' ... '''''~.''.". "~,, ~ .~,~,-,^.^~"~ -"~~,' ~ ~-,,~','~'"~. "~^"~"~ , '- . -Vi', (") C ~ (') ~f:0 ;';l!: "r; E2[;'? 0 Z(' ""~ ;g (/) -- ;:~~ ;::$"' 0', .<C_ ;s:D ot ~O -0 --j ) ::Jl: ,~~~ ::1 5>0 r::r 70 5i .:sm =< ~ "'"' - 5) --< ,-~ '," _l....~ ~~ '",";ji'~ .. ... FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400 One Penn Center Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. PLAINTIFF COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY No. 01-6377 CIVIL MICHAEL T. KOTHE DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. 9^o fY1~ ~cOQA1Yton1 FRiNK FEDER ,E QUIRE Attorney for Plaintiff Date: NOVEMBER 16, 2001 ~" n. ~ _; ..-L.,..,_ - .'~.,- .~~ 11/07/2001 17:22 FAX 7066414394 GREEN POINT MORTGAGE CO r- ' .J ",,,,,,,- JULIAN A W AD #8718546 VERIFICATION Patricia ,C. '"Le",-, ,hereby states that he/she is Assistant Vice President: of GreenPoint Mortgage Funding, Inc. mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take thi,l "' ~001 " I Veril1cation, and that the statements made in the foregoing Civil Action in Mortgage Fo'eclosure i are true and correct to the best ofhislher knowledge, infonnation and belief. The unden,igned ; understands that this statement is made subject to the penalties of 18 Pa. c.s. Sec. 4904 'elating! I to unsworn falsification to authorities. GJakJ.:V 02. Patricia C. Lee Assistant Vice DATE: 101/2/01 I preSirent .' .:'J'rJ~iil', ;~~~~~llf -.LZL~,j-'~~"wi--1-~~~~tl!oLli1i..l;:.~-,fijr\lM1~liIii:1'ii: ""'~ lliilj.'''-''-'= ~ "",~" "~~c,, ,_ . .:. ,,,:J~J,:~~):,^~..I[JJJ1m~ ,^~<"""U~4r~!(,.:,,.tL~,,:~J3 ", ,', i,D,~t~.-))!f;!~JU;;"",)t"'I"'"'!,my;.'C'"W,,-"",,,,~ ~''''''''" ~., . <~ '''". '. ~ _" '." ...__,....;.,~ _ ~,_ ,. _ ~ ,v. " ~'u ..., 0 0 ~~ C s: 5 -ocr; ;-~ rnr;: < z:::c ~~~ z~ <..0 en '-.". .!';;. ~L.' C;:::CJ -u ~c ::;!: -0 ~~rn :J>c ::::j :z: N ~ S! 0' ~iliW=-~,~,~~~",-.."","""",,,,,~, ,.".. ".^-=.,~~ 'r<' ~ ;. .-.. ~ ~.1 ~'-(~.~_J~ ~', ."~~l:-' SHERIFF'S RETURN - REGULAR CASE NO: 2001-06377 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS KOTHE MICHAEL T 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 KOTHE MICHAEL T the DEFENDANT , at 1956:00 HOURS, on the 9th day of November, 2001 at 4079 DARIUS DRIVE ENOLA, PA 17025 by handing to MICHAEL T KOTHE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.10 .00 10.00 .00 37.10 r~~ R. Thomas Kline 11/13/2001 FEDERMAN & p~~~. \&1 Sworn and Subscribed to before By: me this .l.t. ~ day of Deputy Sheriff ~....~ ~1>1J1 A.D. Q",- a ~ Afdl!i Prothonotary' ... .............-- . . ,~'~." ._' 1 .-, L~.,~, , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNSYLVANIA RE: COUNTRYWIDE HOME LOANS, INC. ) ) CIVIL ACTION vs. MICHAEL T. KOTHE ) ) CIVIL DIVISION NO. 01-6377 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) S5: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME LOANS, INC. hereby verify that on 12/11/01 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 "p.;' attached hereto. Notice of Sale was sent to the Defendant(s) on 12/11/01 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: Julv 25.2002 F~~K~~D~:ESQUII~E Attorney for Plaintiff ^ . . .,. -"".... ~,O' o ~ ~ Z ~5 fOl:T ~. ",- ~ 0 ~ en . " A "'..., . 0 ~ ~ ~'Z ~~ -~ "'. o _ " 0 -~ 0'" Sib' g & ... 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KOTHE I 4079 D."iRIUS DRIVE I ENOLA, PA 17025 , i j ! { , i [ SENDER: JPG' I I . J REFERENCE: SALES I .... i i PS Fonn 3BOO, June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service 1 , ( l I I 1 No Insurance Coverage Provided J Do Not Use for International Mail l Receipt for Certified Mail -____n____uo.__'____.___..____.,'-________ .'-------... - u'.~_ ,___,_, _____ .~.__,~ .~~? _ '~.u " , , -" 1~_ijli!ii{j.:~~~t!lmiBIi1@Ii\~:i:i!~~1M;illg;iJ;;."~-f"",:""" ",j,'C ,,,,'~'" ..j; 1;",~,~n;w'~,rii.-#M'e:~i8flid:!l[' -[ it' "'j'_~(' s<:~,kLJ-J!L~,WL_""~,,,,~ 1 ".~" ~ ,,~'C"'\'C,~ ""~M,~,,,".. "" ~ ,",~,,,--,,,,,,,~'?'~'-if"'-,S,,'ilCf,L"", ,""''''" ,~.," ~ . ~~ ,.",,~..,--~.. ~,.- ~ '~I~llllI ",~~" "~. ~lt.., - .' , 0 CJ C) c:::: i '0 -';1 S:'. 5-.-:: .- , -U (L rn L;-: ;= ~ [~ 1'-' - . CO .,;) . .' -' .' " ~ \," Cl .'1:) :> C: ."',~ ~ -' ') =ti ~ ( "; 0 (..oJ iii ..>--> C ~ Z ,'-.) 5; ...., .~::: (v -< r1,S \ \ 'co.w -". -._-"," .~ ~. .., ".. -~-." - " .~, = i~~~~.' AFFIDAVIT OF SERVICE :>Per- PLAINTIFF CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS, INC. No. 01-6377 CIVIL DEFENDANT(S) SERVE MICHAEL T. KOTHE AT 4079 DARIUS DRIVE ENOLA, PA 17025 MICHAEL T. KOTHE ACCT. #7232212 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED Served and made known to \f) i c h::ge 1 \. to+he., Defendant, on the --a D~ day of Jaou (ill i ' 200S at Ja:;fl, o'clock~ .m., at -.ftD,q 7::an 11.<; J)r. &.0 10 {{l'lVI boA I (Vld , Commonwealth (OUA'1I-i{ ) 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. vbAQdi"J I b~ Description: Age30:'" f1eightk2.a,f weight~ Race l..lL Sexm Other -8 10 OQ.Q.:;J CA:k- !, \k. ~ i. ell'''' \ \e Gu ~ a competent adult, being duly sworn according to law, depose and state that! 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. Other: Sworn to and subscribed before me this _ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE 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: ~ By: Notarial Seal Lisa M. Greason, Notary'Public Carlisle Bora, Cumberland Cour:ty My Commission Expires Sept. 9, 2002 orne for Plai iff Frank Federma ,Esq ire -I.D. No. 12248 One Penn Center at Snburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ;":i,,,,,","-"'l,,,,,,,a,,-"-' ~ .-,,,,,-P)~4~'@;;)1-,_ ~ '~' '-J 'J21. r'~"-oIPJ._",__,~, . ~"' ~_~ " ,"_, c ~,M""",~,~~,",_,,^~._~~, ,~',t""':_': 9",~~,_,__",,~,_r, ~, P-,'.," .~,_,,~ ~ ,~-~~~~=-, - 0 C) () C '("V -n " .." ..:;,..~ ~C;;~);! 1--rt ~ , n cO Zj: C- :::::. s- I , !"t'! (/) C"1 0 ;-<: -- () \- , ::..:. / .v ::;: -/:- . -:;/ C' ;)C":::; ,.:.;. () i;;l , ,n c: .~ z :::> ....."" -i :D -~ to -< E5 JI! ;~J( ~"~~~ [1 "' -~."". ,~,. ~" ~~~ ~~'"' j~-- ."~.~' L. ~.>~b~_~ . ^'I -- '''"m~'''!$''"~1 , ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. No. 01-6377 CV MICHAEL T. KOTHE Defendant( s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $119,297.10 Interest from 12/12/01 to 6/11/03 (per diem -$19.61) $ 2.313.98 and Costs TOTAL $121,611.08 ~~~ 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. -~ ',;)J~~~ii,'iii~~~~~t'.k-a~'iit-.!rk;-;,%t':.>'i,'-',,(,:,,~_, > 'C"",',J"""b'h;;}.;.-,...40'f.@~~ilJ '[ . ''il~iliifu..'ki',{'Ji~'~ ~ ____,' ~,~ "iW6,~ '.._.--ailO'" ~-~i!!iilJ[1IiW'~""-.l RlL\ ii , ~ on .... 0 CI'I QC) ~ z 0 r..,-< ~ r"'I O~ Z ~ U 0 00:;.- ... ~ ~~ Z E-< ... ~ lI5' ~ ""'00 U r"'I .,j ="Z ~ r"'I ~'F ~ <lJ Zz == l:::: i:: 0 r"'I :I <lJ ~~ E-< .~ ~ '" '" -= "'" ~ r.., 0 <lJ r"'I O'!l 'OJ "'" ,J:> '" - is ~ O~ ~ ... E-< .. =.. .; ~~ .... 0 S uz 0 ~ "'" <B r.., r..,~ == ~~ '" ~ ~ r.., ~ 00 r"'I ~ ~ S -< g. ~~ ~ == Cll ~ ... Ot: 0 p. ~ U r.., 0 ~ N <lJ !;1 ~6 0 ~ .... 8; ~ E-< ... r,; !i:]r"'I Z U '" ~ ~ -i:i j ~~ 0 <lJ - ~~ u ~ u 0 CJ ~~~ (<:' " Ij,k4 ", ~:7 i,::::;:; /j' U5> ~l .J~ .,- ,. ~, :"'=, -"-) fi~_ -_. .,-' I\) .:~;F) 2'; "~ -< .:Jj ~! en _lJ ~~ ..A.JJ!WJ,LIIlUII!!lL11II1 II .l, !li"j,kli!"""",,,,~,",g,,,. '''''_'''",N. - ,,+ -, "'""','",,",,, ~'" ". "',",~".. .~ """"'~. '___w.;,. '- ~.--I LJiillilIiI "r 1,J " .' boo. , - c"~' "~';~J,~:. .. .. . ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumb8;la,~c Ccunty, Commonwealth of Pennsyivanla, ;J1ore particularly bcunded and described as follows. to wit: - BEGINNING at a point on the soutl1ern dedicated right-ol-way line of Darius Drive at the dividing line of Lot 1/85 and Lot #86; Thence by line of Lot 1185 and passing through lt1e center of a partition wall South 39 degrees 09 minutes 09 seconds East 110.17 feet 10 a point: Thence by line of land of Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 20.01 feet to a point at the dividing line of Lot 1187 and Lot #86: Thence by line of Lot IIB7 and passing through the cenler of a partition wall North 39 degrees 09 minutes 09 seconds West 109.40 feet to a point on the southern right-at-way line of Darius Drive: Thence by said right-or-way North 50 degrees 50 minutes 51 seconds East 20.00 feet to a point on the dividing line of Lot 1/85 and Lot 1186. the place of beginning_ CONTAINING 2.196 square feet. BEING Lot 1186 on the Final Subdivision Plan for Whelan Crossing. Phase VI. prepared by ACT ONE Consultants, Inc. dated February 25. 1998, recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania. on July 21, 1998. in Plan Book 77, Page 23. Said Plan re-recorded in Plan Book 78, Page 36. BEING SUBJECT TO the northern half of a drainage easement as sllown on tile above mentioned subdivision plan. THE ABOVE DESCRIBED premises is also subject to certain restrictions an': conditions as shown on the above mentioned subdivision plan. Vested by Deed, dated 5-24-00, given by Whe'-n Associates, L.P. , Richard E. Yingst, Jr. , sole General Partner, Janet R. Young and David L. Young, husband and wife, Kathleen A. Rittner, single woman, by her Attorney-in-Fact Janet Rittner Young, aIkIa Janet~R. Young and Janice E. Rittner, aIkIa Janice A. Rittner, widow, individually and as Executrix for the Estate of ErnC$t L. Rittner to Michael T. Kothe, ~ingle person and recorded 5-31-00 in Boole 222 Page: 210 Property Address: 4079 Darius Drive, Enola, P A 17025 ~r:- ;;.,~ ~,~ ('0<:\ -\=-, &; ~ "'" ~ ~ ' "~- ___ ,,' ~.ii.;.l~'~"-iF"T~"'~<" ""';;';;.,X"',~'-d'bilWlii ^ <<-=,'--~ ~\ C I i - :i "" 'o'~'''''iliil:~l1liilo ~ ,"""" -,. -......" - 'P ~J \?-> G -, ('-v M cl ~ \::::: ~\N c> ~ -+:-- G(- 0~ ~ :--I ~_ ~. Q ~ ~""_"'~,' _," ~ "^ ,C ~ ",' .,~ uJl"=~~- C) C :?:, -oU rnr~ z::: ~):~: -<:/ r::::c "" ~~ ; -, 'z, I( . - ((/\\ \::,v r", L, -q ''l ',:':J r~ , , .r:- ,',;, -~c: I':? U1 en ~~1f'f: -~ ~o -< 1Sl...... ~.."". ~.~~" .~ .."" ~__.~_""'"'~..._~. < " ,l= '" ~l ,""' ~' '=l~~" r COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MICHAEL T. KOTHE CIVIL DIVISION Defendant(s). NO. 01-6377 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 information concerning the real property located at . 4079 DARIUS DRIVE. ENOLA. P A 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL T. KOTHE 402 DAFFODIL DRIVE HENDERSON, NV 89015 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 M -. ,...,,, ~ ~-~ ~~ . ~N~, '"'~~,~ ~-_.~ , ~. , ,~~..._,~ "--'l" ~_~ 1_" """ '<~__,~c ~ ""'-~~~"'14__'" ~-:... ..' 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) None 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) WHELAN CROSSING HOMEOWNERS' ASSOCIATION, INC. 7100 FISIDNG CREEK VALLEY ROAD HARRISBURG, PA 17112 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 4079 DARIUS DRIVE ENOLA, P A 17025 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. February 13. 2003 DATE ~~ Attorney for Plaintiff ~: c.!M!lII!l!~.c, "'~c~ , ~" ~. """"",'.~,,x~"<O'" ..~,--""."c,", "!;"-,"'!\i,,,,,~,,,;,,,~,,*-,~tMt~jj!:I'~Hn.r flj~~'~~""~ UlliiJ' ,~,' ,~" ' ~ '~,'" "--~ ,." ." ~, ".~,~~ .'. ","~~' 'i:in o c.: ,S2?; ~~'^ , (1) _c ~ )..;: ~'- ~.... ' .r_(-" >s-~~~: :';] -, .., -~I~' c": (.,' -" r'l I,J'J -,..... =t f'.) :.n (n ~ .....:4 '.. ~ ~,~~ -.-;,---; :0 -( ;_...~.""""~,~,~."",,, I:'" --~..~ ~ -. '~""""""- . ',.' - ~ ,,,,,"-~L", ,.' I ",', :~ib~],i_' FEDERMAN and PHELAN, JLLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIllA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DMSION MICHAEL T. KOTHE NO. 01-6377 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: (X) an FHA mortgage () non-owner occupied () vacant o 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. ~Md~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ """';;'A",-"S;,'lW,,~~litli't~ariawi~llimf""'" &llil'p~~:u J,~ _II'~ 0 ,';C"-' - [,.....1 c:: C',) .. ?:~ 4""j --U cc: ." ri'i ['~' (:c) z: ?..': \:" (j) ::;; C :......~ .~,.., :~ , / (~ ').--". C r:-;1 ...- Z :.11 ~~.;, ___I ~-:J ...( Ul :< !ffr~;",J~",,-~J!H1 fl J[~l!JJ'1L...J""r.LJJ~,."",''''/8R!.,"'~l'o,''',',",,,,, _ ,. f mJll"]~ ''''.. "''''.'',\L'f ",',_-.,.. _, ""","'~ ,v "f N.'_ "',~.1;'. ."'~ " ~'''W'i''~' " ~,-~~~~, ",.""~, ~,.,~,,~ ~_. -' ............-- "" -,""-i...-" ..1 U' .;...~ '--~.~',o___" 'l"~~" ,/ ~ COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v. No. 01-6377 CV MICHAEL T. KOTHE Defendant(s). February 13, 2003 TO: MICHAEL T. KOTHE 402 DAFFODIL DRIVE HENDERSON, NV 89015 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION . OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN . BANKRUPTCY AND THISDEBT 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. 4079 DARIUS DRIVE. ENOLA. PA 17025. 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, PA 17013, to enforce the court judgment of $119.297.10 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: (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.) 'T " J '- . , ,~ .';~h ~",J-' '~ ,.,<;<<,t,"'l, , , 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 can (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 fun 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 LmERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ;~ """""""", -~ .",...........""'""""'..~-- ~. ", 1ll:Ii.iii'=~ , ~, "L~ "'-'''''"'''..~~", , . . ALL THAT CERTAIN lot or tract of land situate in Hampden Township, ,~ 'm"p~I-...,.-. "'" 'u~t,.. ,...,--,'T'......"',...,. ,.,..,j,.... .,; ::>~nnsy. a"';- ..., ,., 1 .....t...;. U_'I<:..!I..... 'vl; \i'1' \Jv\!"\\VI,.Jt:o'h.. ..J\ . 1;;; ~l ,v ,.10. ;:';jre ;Ja;,;'~'",,~3.~'.'; '::C",W0GCC: J.~.C described as follows. to Wit: -- BEGINNING at a point on the soull1ern dedicated rigllt-of-way line of Darius Drive at the dividing line of Lot 1/85 and Lot #86; Thence by !ine of Lot 1185 and passing tl1rough the center 01 a partition wall South 39 degrees 09 minutes 09 seconds "as! 110.17 feet to a point; Thence by line 01 land of Whelan Crossing ,"hase !II South 53 degrees 03 minutes OS seconds West 20.01 leet to a point at the dividing line of Lot IIS7 and lot #S6; Thence by line 0/ Lot 1187 and passing through the center of a partition wall North 39 degrees 09 minutes 09 seconds West 109.40 feet to a point on (he southern right-ol.way line of Darius Drive; Thence by said right-ol.way North 50 degrees 50 minutes 51 seconds East 20.00 reet to a point on the dividing line of lOl IIBS and Lot 118G. the place of beginning. CONTAINING 2,196 square feet. BEING lot 1/86 on the Final Subdivision Plan for Whelan Crossing. Phase VI. prepared by ACT ONE Consultants, Inc. dated February 25, 1998. recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. on July 21.1998, in Plan Book 77, Page 23_ Said Plan re-recorded in Plan Book 7S, Page 36. BEING SUBJECT TO tile nortl1ern half of a drainage easement as sllOwn on llle above mentioned subdivision plan. TIiE ABOVE DESCRIBED premises is also subject to certain restrictions anc conditions as shown on the above mentioned subdivision plan. Vested by Deed, dated 5-24-00, given by Whelan Associatll.$, LP. , Ricbard E. Yingst, Jr. , sole General Partner, Janet R. Young and David L. Young, husband and wife, Kathleen A. Rittner, single woman, by her Attorney-in-Fact Janet Rittner Young, aIkIa Janet..R. Ynung and Janice E. Rittner, aIkIa Janice A. Rittner, widow, individnally and as Executrix for the Estate of Ernest L. Rittner to Michael T. Kotbe, ~ingle person and recorded 5-31-00 in Book: 222 Page: 210 Property Address: 4079 Darius Drive, Enola, P A 17025 ~1_~m!iM:iit~j!~-j~\;i'1t:;,t~i1t~i!:i\01'~lillfii!-'>iiWj"'''b;;-';''_.'''<' ""_I-:i,-i'.:iJ,jJ;J<d,"';';J.lt",--:f3j'~.1;&d3~liUiJ~~~J>lI!~~" ,;,!!)U,.ULd "d~'_', ,",'h'>~ -N. "_~i,"~'o,r-",,,-,,_,. '", ,",,,>, ~"_,, ,,"l,T',,~,""~-~-_~""_"':"_"_~"_:'''''', +,.-~.._y , ,~ ~ ^~,~~ "'^ " '~-,',n,,", ' >',' ~ .,~.~--- ,(,~, o ~. ;~;'~. to> ~., r;;:,:, i~~ -:;. -- ~..<' ''''1 .." JJ ~~- , .~ ~~ F"'['l "~~~~ S~ ':c'~;,~~A ~ 5S '< ~ :./1 (J1 ==~...~r "-"-- ~ ~'~"-A.""""""''''' ,"'" ' ,~. J . l_.,_ ~..~ > '", ' , '""'~'~tii";;i;-"-'li*."i, WRIT OF EXECUTION andlor ATTACHMENT . COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NOOI-6377 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 MICHAEL T. KOTHE, 402 DAFFODIL DRIVE, HENDERSON NY 89015 (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 479 DARIUS DRIVE, ENOLA PA 17025 (SEE ATTACHED LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notifY the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,291.10 L.L. Interest 12/12/01 TO 6/11/03 AT $19.61 per diem $2,313.98 Atty's Comm % Atty Paid $1,128.20 Plaintiff Paid Date: FEBRUARY 14, 2003 Due Prothy $1.00 Other Costs (Seal) ~?ij:fh REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFKBLVD., SillTE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ill No. 12248 ~iiiit~wlr'~iil~~~~~~~~jjill.3iili.B:>iH1il",;'ji;&l-l',);:,.hW" .m ..~_ .>.C...,'. ,',,,,.:-.i.1i',Hi%!,,,--~~m~'''' ,~~.~,~ -'..c.-"_~"" "m,!'''''' ..""".,,,.~,,',,' ".' "'_""'~"", ."",,~,"",', "'"'!l'S",_~ .,~ .... .f'l ~. , ~" .~,.' . . ..- iiIIIIiilIilIi- ,~ ~~ ~ c. ....~~ .~~,~<Io.". .~",~ 1 '~.~ Countrywide Home Loans, Inc. VS Michael T. Kothe In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6377 Civil Term ~I.' W~~,J._" 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 Certified Mail Levy Posting Handbills Advertising Law Joumal Patriot News Share of Bills 30,00 15.21 20.00 1.00 9.66 7.92 15.00 15.00 15.00 349.10 272.53 25.24 $ 775.66 paid by attorney 6/11103 Sworn and subscribed to before me So Answers: This !'1~daYOf~ r'~-~,,<t:~~~ fl. R. Thomas Kline, Sheriff 2003, A.D. ~ 0 'fh,1'l'1~BY~J(j~!:-wJ.iii Prothonotary Real Es te Deputy vrD Ut 4 \)~ 1 ~1?~lo ~-""\Il_ - --. ~, Il!i.J , I - I!~~t,,*h, , ~ ' ~ COUNTRYWIDE HOME LOANS, INC. ' CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MICHAEL T. KOTHE CIVIL DIVISION Defendant( s). :8HfRIFp.S AFFIDAVIT PURSUANT TO RCOPY (Affidavit No. I) COUNTRYWIDE. HOME LOANS. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUJIlli,sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at . 4079 DARIUS DRIVE. ENOLA. P A 17025 . I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL T. KOTHE 402 DAFFODIL DRIVE HENDERSON, NV 89015 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"_, 1ltmwk.1.- . ~ , 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) None 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) WHELAN CROSSING HOMEOWNERS' ASSOCIATION, INC. 7100 FISHING CREEK VALLEY ROAD HARRISBURG, PA 17112 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) TenantJO.:cupant 4079 DARIUS DRIVE ENOLA, PA 17025 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. February 13. 2003 DATE ~ ~ ~ fult4,/h~0t./ F FEDERMAN, ESQUIRE Attorney for Plaintiff F'.. ~-' ~~ '.. ~" . ,., ,I.......i.tr'"" >">,,-. ~;.;,;l:;;~<i.. . . . COUNTRYWIDE HOME LOANS, INe. Plaintiff, CUMBERLAND COUNTY v. No. 01-6377 CV MICHAEL T. KOTHE Defendant( s). February 13, 2003 TO: MICHAEL T. KOTHE 402 DAFFODIL DRIVE HENDERSON, NV 89015 "THIS FIRM IS A DEBT COUECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WIUSE USED FOR THAT PURPOSE. IF YOU HA VEPREVIOUSLY 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. 4079 DARIUS DRIVE. ENOLA.. PA 17025. is scheduled to be sold at the Sheriff's Sale on 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$119.297.10 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: L 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.) .1~ ~ - ." ."","",h' ]lM.:J ' " "->1~'~~, , ; .. 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. Yau 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 ifthe 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, 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 );:0 '1Mi 'L=.__.i... ' ~g..~rj", ;~.," - t . ALL THAT CERTAIN lot or trac[ of land situate in Hampden Township. C 'fll"e"^n- ~""n,.. ,-n~n,nn"e^"- -, "~[lnsY"lan^ --,- J...."^.'. 'nn,""" ",n u~ 'oJ .0<.111"-' vuul"f. '-"....-'1<<1.1....1..1 ell... JI. '" I , "Id, ".-.J,e:. ~..,'~....'c"l "-'....L;;,'-'c..... -='1,\....0 described as roHows, to wit: -- BEGlNNING at a point on the soutMrn dedicated rigllt.of-way line of Darius Drive ",ltlle dividing line of Lot 1/85 and Lot 1186: Thence by line of Loll/aS and passing through the center of a partition wall South 39 degrees 09 minutes 09 seconds ::ast 110.17 feet [0 a point: Thence by line of land of Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 20.01 feet to a point at the dividing line of Lot 1187 af"ld Lot #86; Thence by line of Lot #87 and passing through the center of a partition wall North 39 degrees 09 minutes 09 seconds West 1 09.40 feet to a point on the southern right-or-way line o( Darius Drive: Thence by said right-o(.way North SO degrees 50 minutes 51 seconds East 20.00 feet to a point on the di'liding line of Lot 1185 and Lot 1186. the place of beginning. CONTAINING 2.196 square feet. BEING Lot 1/86 on the Final Subdivision Plan for Whelan Crossing. PI,ase VI. prepared by ACT ONE Consultants, Inc. dated February 25, 1998. recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania. on July 21, 1998. in Plan Book 77, Page 23. Said Plan re-recorded in Plan Book 78, Page 36_ BEING SUBJECT TO the northern half af a drainage easement as shawn on tile above mentioned subdivision plan. THE ABOVE DESCRIBED premises is also subiect to certain restrictions anc conditions as shown on tile above mentioned SUbdivision plan. Vested by Deed, dated 5-24-00, given by Whelan Associates, L.P. , Ricbard E. Yingst, Jr. , sole General Partner, Janet R. Young and David L. Young, busband and wife, Kathleen A. Rittner, single woman, by her Attorney-in-Fact Janet Rittner Young, aIkIa Janet-R. Young and Janice E. Rittner, aIkIa Janice A. Rittner, widow, individually and as Executrix for the Estate of Ernest L. Rittner to Micbael T. Kothe, ~ingle person and recorded 5-31-00 in Book: 222 Page: 210 Property Address: 4079 Darius Drive, Enols, P A 17025 r ~- , ___ ~ -I""""""", , ~.....~~ -~I...- "- ~y.' ~'~_~ ~ ~., '"__~_: ~g,<j[~~,;, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTII OF PENNSYLV ANlA) COUNTY OF CUMBERLAND) NOOI-6377 Civil CML ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC. Plaintiff (s) From MICHAEL T. KOTHE, 402 DAFFODIL DRIVE, HENDERSON NY 89015 (I) You are directed to levy upon the property of the defendant (o)and to sell REAL ESTATE LOCATED AT 479 DARIUS DRIVE, ENOLA P A 17025 (SEE ATTACHED LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notifY the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,291.10 Interest 12/12/01 TO 6/11/03 AT $19.61 per diem Atty's Corom % Atty Paid $1,128.20 Plaintiff Paid Date: FEBRUARY 14, 2003 L.L. $2,313.98 Due Prothy $UIO Other Costs (Seal) CURTIS R. LONG :]~tdtro~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BL YD., SmTE 1400 PHILADELPIDA PA 19103.1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ill No. 12248 M! ,J,,^, ' ;,'~'",_~'5-"",--+;,,!h,,~~i:l~~_{;!~~"~,",;ilih~,,,~-,,!;:m-:!~<"5in',';<bImN'k!F",~3ifih"1l!i!/l!l:,"~_:!!O!___. Real Estate Sale # 58 On March 14, 2003 the sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, P A known and numbered as 4079 Darius Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14,2003 BY:~~ Real Estate Deputy ~ ~ c;::::::s ~ ~ I = ,",~ ~ p~ ~ ,"_, _ ". ,__" '''',__ .~""__ _^, ,~"O _ N ,"",I~" ~~,'~^ .~,~.'N,~"~"'"..~__? , "I. ."''''" ~ ,~ ". 1i",",~'_4lii;J!' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.l784 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, viz: 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. TO AND SUBSCRIBED before me this 9 day of MAY. 2003 - '_' ,;." '. jj{lah'C,,",,",'''''', '"',",' _;";g. lUML ESTA'IE SALE NO. 58 Writ No. 2001-6377 Ctvtl Countrywide Home Loans, Inc. vs. Michael T. Kothe Atty.: Frank Federman ALL TIlAT CERTAlN lot or tract of land situate in Hampden Town- ship. Cumberland County. Com- monwealth of Pennsylvania, more particularly bonnded and described as follows, to wit: BEGINNING at a point on the southern dedicated right-of-way line of DaIius Drive at the dividing line of Lot #85 and Lot #86; Thence by line of Lot #85 and passing through the center of a partition wall South 39 degrees 09 minutes 09 seconds East 110.17 feet to a point Thence by line of land of Whelan Crossing Phase ill South 53 degrees 03 min- utes 08 seconds West 20.01 feet to a point at the dividing line of Lot #87 and LOt' #86; Thence by line of Lot #87 and passing through the center of a partition wall North 39 degrees 09 minutes 09 seconds West 109,40 feet to a point on the south- ernright-of-way line of Darius Drive: Thence by said right -of-way North 50 degrees 50 minutes 51 seconds East 20.00 feet to a point on the dividing line of Lot #85 and Lot #86, the place of beginning. CONTAINING 2.196 square feet. BEING Lot #86 on the Final Sub- division Plan for Whelan Crossing, Phase VI. prepared by ACT ONE Con- sultants. Inc. dated February 25. 1998, recorded in the Office of the Recorder of Deeds in and for Ctun- berland County, Pennsylvania, on July 21. 1998. in Plan Book 77, Page 23. Said Plan re-recorded in Plan Book 78. Page 36. BEING SUBJECT TO the north- ern half of a drainage easement as shown on the above mentioned sub- division PWJl. THE ABOVE DESCRIBED prem- ises is also subject to certain restric- tions and conditions as shown on the above mentioned subdivision plan, Vested by Deed. dated 5/24/00. given by Whelan Associates, L.P.. Richard E, Yingst. Jr.. sole General Partner, Janet R Young and David L. Young, husband and wife, Kath- leen A. Rittner, single woman, by her Attorney-in-Fact Janet Rittner Young, ajkja Janet R. Young and Janice E. RIttner. a/k/a Janice A. Rittner. widow, Individually and as Executrix for the Estate of Ernest L. Rittner to Michael T. Kothe, single person and recorded 5/31/00 in Book: 222 Page: 210. Property Address: 4079 Darius Drive. Enola, PA 17025. 1M .1l-".""'$~ '"~=""'~~' ~ . "~ ~~~~I'~- __ J iiL," ,. , .' ''iiIiIM._'li<,<,_~'''!Ci"",1" . ., THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 200:3. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE #58 Sworn to and subsc Notarial Se T eny L Russell, Notary Public City Of Hanisburg, Dauphin CountY My Commission ExpiresJune6,2006 NO RY PUBLIC Member, Pennsylvania AssocialionOfNoIa!iesMy commission expires June 6. 2006 " 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 $ 270.78 1.75 272.53 , 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,...,.......,.,.,."'."'.,.,.,.,.,."""".,.........,.....,....,. f,i~t'i;1,*'~' "" i'j1'--';;';"~~.~iiii~~~-~~,*'ib"'''\'.~',-~'''-iY' "";<",'''c~,~'''f::r,,M,,-i:a''~K,*LW,~''--r.J.'~~_1i1i: r '-'-,~,,"'.~--.~, ,~ -",^,<." i~"'M . -'= for .~ -- -- " '~''"1IIIi' -., 1. j.J r --;t~;~Ji . REAL ESTATE SALE No. 58 Writ No. 2001-6377 Civil Term Y' CountrywIde Home - Loans, Inc. vs '" Michael T. Kothe -- Atty:-Ffank Federman _~ESCRIPTION ALL THAI .CERTAIN lot or tract of land SitUate. in Hampden Township, Cumberland Comity, Commonwealth of Pc nos ylvani a, more particu1arly bounded and described as follows, tO~ir: . BEGINNING at a point on the southern dedkated rignt.of-way line of Datiu:. Dri~e al flie. ~lvJdjn~ line Gj Lot #85 an~ Lot #86; . Thence 6y !me of Lot ff85 am! passmg through "1lie rinteLof a partition wan South 39 degrees W'l'iilli1tfs 09 seconds EaS! lID.17 feet to a poTht; Thence by title of land of Whelan c:rossrng-~Phase ill South 53 degrees 03 -itfuinres-08.secoodsWest20.0J feet to a point iEtfie. dividing line of Lot #87 and Lot #86. Thilife by line of Lot #87 and passing through tlie center -of a partition wall North 39 degrees 09 minutes 09 seconds West 1. 09.40 feet to a point 'alf the southern right- of.way line of . DariuS Drl\ie; _Thence by said right-of-way 't~ t~ ~ree" 50 minutes 51 seconds East .. . . ee. 0 apoinl on the wvidlng Jine ofL.ot #85and Lot #1f6; the place of BEGINNING. .C.ONTAINING 2,196 square feet. . HEINOTofH8"6 on the Final Subdivhion Plan fOr_ Whelan Crossing, Phase VI, prepared by ACT O!,-;'E Conwltants,1nc. dated February 25, 19'98;r-ecorded in the Office of the Recorder of Deeds in and for Cumberland County, ..,~.ha.nia.,onJuly 21, t99&,in Plan Book. 71..bge.. 23_ SaiLPJan_ re.recorded in Plan BoOk 78, Page 36. BEING SUBJECT TO the northern half of a . diainage easement as shown on the above mentionedsubdivisio.Jplan. = 'lEE ABOVEDESQUBED premises are also robjecttoceitalnres!riclioos and conditions as iliown. on the above mentioned subdivision plan. Vested by Deed, dated 5/24/00 given by Whelan Associates, L.P., Richard E. Yingst, Jr" S{lle General Partner, Janer R. Young and DavidL. Young, husband and wife, Kathleen A. Rit1ne!, single woman, by her Att.;)rney-in- Fact Janet Rittner Young, :l/kJa Janet R. Young and Janice-A.-Rittner, widow, individually and .as Executrix for the B;tate of Ernest L. Rittner -1Q-'-'-Micbae! T. Kothe, single person, and ~ 5131/00 in Book: 222 Page: 210. ERO'PERTY AnDRES'S: 4078 Darius Drive, !!bat., PA 17025. _J ~ "".,<" -.-" '_~." ,-' ,;1 " PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. MICHAEL T. KOTHE Defendant(s). No. 01-6377 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/13/03 to (per diem -$21.46) TOTAL $119,297.10 $ and Costs $ L' .. /' D IEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No, .~~'"'" ," ihr 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 th~ Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sali~ ~ ;".' ., ~~~"'Iiri1it",;k,,"'-Ui',i'.f.;""MU:\1,"~~A~OO?jiii.Jf:S ;;:";-I""'-"~'OOjJl\tii,,~rm,1Soit%1j'!;;;iI'i~ t~ .,,,,,,... 7CJ f::.J (~ ~~ ~ ,- - ~ ~ .~ ~ G..J r--. ~ ~ ~ (1l ~. 7- W l ~ @ 'l:l ~ f:!l en a ~ cr- (0 en ~ ~ 6: @ en !'! \')~ ~ ~ .l:>- e -I \C t:l > ~ c '" t:l ~ < J"'l 2: o t'" ? "1:1 > ..... -I e N 01 I. ~~"^ _ ~ ~=~~ .,. .~ l~ ." ;,~,,,,- ~~ ,;' ,,",,-o""';lii("'"'---';''''' ~'-'v-, - .,' '-o.,,~-",,"-"' ~ ~ D D- c) F J ("')..... ("') ~2: "l:I 0 ="" ~ C t"J== 2: ~~ "" ("') ~ ~g ..... ~ ___"l:I t:l~ ~t"J ..... ("') S ("')0 o "'l ~ ... 0 t"J O"'l <IQ::o S ~("') ~:E t'" < ""0 ~~ ~ ?' ~ ~~ ~ "" ~ t"J "I:I~ ~ 0 t'" t"Jo O"'l "" 0 2:2: '" t"J == ~ 2:"l:I ~ ~ t"J "'t'" ~t"J '" ~t"J ("') ..... <> C 2: ~~ "" ('1 ..... 0 ....."'l 2: > ,/\ -~ :'-,) ~ "~ -,~ ; ....;...... :..~J, ^ " -~ - " "r ,~ > ~. - ',~' PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG ldentification No. 62205 ONE PENN CENTER AT SUBllJRBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAlNTIFF COUNTRYWIDE HOME LOANS, INe. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL T. KOTHE NO. 01-6377 CIVIL Defendant(s). CERTIF1CATION DANIEL G. SCHMIEG, 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: (X) an FHA mortgage () non-owner occupied () vacant () 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 ~'1, ~/<- Y DANIEL G. scHMIE€:i, ESQUIRE Attorney for Plaintiff - i'[~iilii<";l~"~10iMii.~.W'i!~~LlK" At,;'--~$;:m;;ji"h;i&*;";;i;'''l>si,"~!"",},\,t'i;Mdi:::'';mU'',;,:;;"",;,~~1M:>'~' '''~ll:biliili~ ~';" '"'," ~ 'l#<t-"'~ ....i. \;.,4U<b,,,,"", =.,~=" 1[1,[111,,,,,,,,.,,,,,,,,_,,,,,,,, ,__,t_*"",~"",,_,~ll)"'j:',"",,':-,"_.j__,:"',',"'~, _"<<,, ,.",,, _ , r'~^ " ,,~., __v~, [ "[~~ ~,'-"~I1_~ _.W"",'_",,, . ,,", ,~_,.~,'___~ ::;:1 ~' -' ~n I i I , -;j - ..J ~~~ , ~, . J.:'" I --" "",,'. . ."' .,~._"_' .,_ :.o"';~ I~~_'_ COUNTRYWIDE HOME LOANS, INe. CUMBERLAND COUNTY , Plaintiff, v. COURTOFCO~ONPLEAS MICHAEL T. KOTHE CIVIL DIVISION Defendant(s). NO. 01-6377 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,4079 DARIUS DRIVE, ENOLA. P A 17025 . L Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL T. KOTHE 4079 DARIUS DRIVE ENOLA, P A 17025 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-~ .,j, ...,;1_" .' ., "._-. __c. "~. ;,,;,~ -"",~;;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) None 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 4079 DARIUS DRIVE ENOLA, PA 17025 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 oflS Pa. e.s. Sec. 4904 relating to unsworn falsification to authorities. July 12. 2006 DATE ~LJ.~ DANIEL G. se , ESQUIRE Attorney for Plaintiff '''~ ~~tiilMmkmr@~Jlt.~li~,~"i;",~~,j'""'~A:""\',";"';I,'~hiJ~~~;~ "~v ~~"'..".,..",~, .,~ ~ =_'~'=~"HTh~. , .,.,,,,,.~ _," '.-^~-' ,~-..' -"!l:lll:l~~'ll' M:"'" "-... (-:- ,~,' ., ,,,~,~-,,.,.~~_v,., ,,_~ "'_,~ _Il~;h -, , ',-c ,r; " n ::< ,~~ ~ _.,~~ '" ~,."""""-~~_..-,~ ~-" -- lo-,. ~'-- ..d-"c--'~Iii~~" .~ COUNTRYWIDE HOME LOANS, me. Plaintiff, CUMBERLAND COUNTY v. No. 01-6377 CIVIL MICHAEL T. KOTHE Defendant(s). July 24, 2006 TO: MICHAELT.KOTHE 4079 DARIUS DRIVE ENOLA, PA 17025 **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 4079 DARIUS DRIVE, ENOLA, PA 17025. is scheduled to be sold at the Sheriff's Sale on 12/6/06 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $119,297.1 0 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. .1~ >~, ' -- I> j,' ~.;""'..... h.. -~; . ~ ,- i ,j,J. .",j, "'-":m~J~.;b .~ 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 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. 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. 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;i(~;~~_a>u!Q]~iB~i>l!t"-'i,,","~,~~H'W@j'''\iii[;N".';L:,j'''t,\,,. ,,,,'~U:"i''''~I'.'c~1~ffc!411i,,,iit;;BJ;i4H<t>i'?\''':4Pi.%\1.)''\t~i@~M!il!" ~ .,"'" ';""~'~ii!j~!,!~ill!!w:mtgim1'" j~d:~("l" *,,'~~'M"''' _ _ ~. ,~"",,,",,,-,,,,,<''''''''-d. __~ ,~,.. .... ~. ...,""".1~'." r -,", U", u ~1 ..' ::.--:::l t..) C", t',''''