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HomeMy WebLinkAbout03-3452FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 03 - 3ysa PHILIP A. LOWE 2103 LOGAN STREET CAMP HELL, PA 17011 Defendant(s) CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 50259 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File #: 50259 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. I ) CIVIL VS. PHILIP A. LOWE ) CIVIL DIVISION NO. 03-3452 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for COUNTRYWIDE HOME LOANS, INC. hereby verify that on 5/6/05 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 "A" attached hereto. DATE: August 4. 2005 ANIEL . SCHM SQUIRE - Z - Attorney for Plainti COUNTRYWIDE HOME LOANS, INC. V. PHILIP A. LOWE Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3452 C.T. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 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 ,2103 LOGAN STREET. CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name CAMP HILL BOROUGH MOUNTAINEER FEDERAL CREDIT UNION Last Known Address (if address cannot be reasonably ascertained, please indict : } 2145 WALNUT STREET CAMP HILL, PA 17011 P.O. BOX 8596 SOUTH CHARLESTON, WV 2 y.' :' 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2103 LOGAN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. May 5, 2005 DATE d "'Y J DANIEL G. SCHMIEG, E6QUIRE Attorney for Plaintiff o G N to p w mo K +i N 6 nz d ro b? 9 r N T o G m 'a I v 0 s. A d'c ??'? I ?O N _?may ?n $ $ ?0 2i C w ? m g wC y tl Q P O_ tl ^ m O ? O p d y m c.am m FoE ;;3 0 w 'n 333333.-' ? c n oa ? E x m?" z y nr'o Y+? a° a ? a gb z aw'? n ? 8 x °. t oP m G' a n 9 ..- o z PC" pn m N A [" Ow t7 t., O C ? z ro ? o r o z e, 9 f Z o a a R r ?^ H g Q a O ? ^ 0 z ? z n s C ?yz . N ? N O w FG? O n ro o `a tr1 x ? r 0 v ?r?1 -J L ? r{f O N Cd a 0 .n y7 w a? H w a atiro? M C] k d o 15, can y ? ? ry e ? G7 o " r o b z x r CY1 b 9 0 C4SOS?P..O.Satq?,- piNfV BN $ 01.50° 02 1A MRY 06 2005 0004300317 ZjpOOD£19103 N,AfLED FROM a ?Q .n '? 36 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/26/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1522, Page 1095. 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 03/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 50259 6. The following amounts are due on the mortgage: Principal Balance $86,749 .29 Interest 2,834 .16 02/01/2003 through 07/18/2003 (Per Diem $16.87) Attorney's Fees 1,250. 00 Cumulative Late Charges 159. 00 02/26/1999 to 07/18/2003 Cost of Suit and Title Search 550. 00 Subtotal $ 91,542 .45 Escrow Credit 0.00 Deficit 599.10 Subtotal $ 599.10 TOTAL $ 92,141.55 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 92,141.55, together with interest from 07/18/2003 at the rate of $16.87 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. By: Zranc*is S. Hallman FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHE?/????''?- " "- File #: 50259 ALL' Wmx CMWAiW piece and pavoel of land situate in the norough of -camp H111, Cumberland county, Pennsylvania, more particularly bounded and described. as follows, to vita M"XMMXWG at a point en the westerly line of Worth Twenhy-first street at the intersection of said street with the southerly line of Logan Street; tbenaa in a southerly direction along Warth 'Monty-first Street one hundred forty-five (165) feet, e. more or less, to a point, said point being at ¦ distance of thirty (30) feat measured in a northerly diraction from the northern property 11190 of Camp Will Cas+etary Association; thence in a westerly direction along at line parallel with "a northerly line of ttt camp Hill Cemetery Association, seventy-one (71) feet to a point; thence in a northerly direction parallel with the western line of Worth Twenty-first Street one hundred forty-five (STS) feet, more or leas, to a point on the southern line of Logan Street; thence along Logan Street in an easterly direction seventy-one (71) feat to a point, the place of PROPERTY ADDRESS: 2103 LOGAN STREET VERIFICATION MICHAEL D. VESTAL hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. kW 0. vj-"? DATE: C)-? (14 (v 3 1 -? ??. ? ? ?' r; ?-' ? ; O _, .? SHERIFF'S RETURN - REGULAR CASE NO: 2003-03452 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS LOWE PHILIP A DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LOWE PHILIP A the DEFENDANT at 1558:00 HOURS, on the 25th day of July , 2003 at 2103 LOGAN STREET CAMP HILL, PA 17011 by handing to TINA LOWE, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this G day of ,a ,2"j A.D. r thonotary So Answers: R. Thomas Kline 07/28/2003 FEDERMAN & PHELAN By A tL/ . Depu y ?h eriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12245 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1514 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. PHILIP A. LOWE Defendant(s). CIVIL DIVISION NO. 03-3452 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PHILIP A. LOWE, 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 7/19/03 to 9/2/03 TOTAL $92,141.55 $776.02 $92,917.57 V I hereby certify that (1) 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. 'Zw o A 'ab 1i I X't,n T*-) FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Y" o3 ? PRO PROTHY C'i (__ . C 1. ? . ? '^ . UIt' J G'! ?, ? ` ?_ "J _ ?? ?_ ?' _ _ N -. 1'_ ? R'1 ??,? ' ?*.! : :) FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 561-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff Vs. PHILIP A. LOWE Defendants TO: PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 DATE OF NOTICE: AUGUST 15- 2003 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY NO. 03-3452 CIVIL TERM 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 to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 WY FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. PHILIP A. LOWE Defendant(s). CIVIL DIVISION NO. 03-3452 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PHILIP A. LOWE is over 18 years of age and resides at, 2103 LOGAN STREET, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 1 -?. ? ? ? ?C? ? v _? R C C, ?? ? ,?^ V I ? +C W 1 ? ?.-, ? ?? ?, ?:, ?? ' i J C (r '?? r n i1 l . ?J l PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. PHILIP A. LOWE Defendant(s). No. 03-3452 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $92,917.57 Interest from 9/2/03 to DECEMBER 10, 2003 $1,511.73 and Costs (per diem -$15.27) TOTAL $94,429.30 S 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. w O mod' w a a z 0 O U w 0 a O U W x F z a a z z w a F z 0 zU ad C4 W a U U z v? 0 a O w A F 0 v 3 O a d a a 0 d a S a H O U U ? ? F w w E.r i W ' o w. r w `? on ~ a ? ? N U, b a w ? d ti a a. ALL THAT CLRTAZN piece and parcel of land situate in the. Borough of camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGMIU i11G at a point on the Westerly line of North Twenty-first Street at the intersection of Sala Street with the 'southerly line of Logan Street; thence in a southerly direction along North 'cwenty-first Street one hundred forty-five (145) feet, more or less, to a point, said point being at a distance of thirty (30) feet mmasured in at northerly direction from the northern property line of Camp Hill Cemet?ery Association; thence in a westerly direction along a line parallel with the northerly line, of camp Hill Cemetery Association, seventy-one (71) feet to a point; thence in a northerly direction parallel with the western line of North Twenty-first Street one hundred forty-five (145) feet, more or less, to a point on the southern line of Logan street; thence along Logan street in an easterly direction seventy-one (71) feet to a point, the place of BEGINNING- BEING part of lots seventy-seven (77), seventy-eight (78), seventy-nine (79), eighty (80), and aighty-one (81), and a portion of lot seventy-six (76), on the Plan of Lots known as Second Plan of Hamilton Place, said Plan being recorded in the office of the Recorder oS Deeds for Cumberland county in Plan Book. 1, Page &f.. BEING TSS SANS PNENKSES which Graymor, Inc-, a Corporation of the commonwealth of Pennsylvania, by the deed dated . I-larch 9, 1956 and recorded March 15, 1956 by the Recorder of Deeds in and for- Cumberland County in Deed Book A, Volume 17, Page 283, granted and conveyed unto William M_ Knapik and Gloria C_ 8napik. Gloria C. Knapik was deceased October 2, 1984, as evidenced by her Death Cow-m1ficate No. 4511430, thus vesting sole interest to, William M. Rnapi;k, GRANTOR herein. I OIX ?amom`- CD1 21- 02 I 1?i ' ((-V-)l .w r? Ti COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, V. No. 03-3452 PHILIP A. LOWE Defendant(s). September 2, 2003 TO: PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY r s Your house (real estate) at, 2103 LOGAN STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $92,917.57 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: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 r AU.. THAT CERSAIN piece and parcel of land situate in the -Borough of Camp Hill, Cumberland County, Pennsylvania, more; particularly bounded and described as,follow_, to wit! BE'72NFI1WG at a point on the^westarly line of North Twenty-first Street at the intersection of said Street with the southerly line of Logan Street; thence in a southerly direction ',along North 'twenty-first Street one hundred forty-five (145) feet,' more or less, to a point, said point being at a distance of thirty (30) feet m_asured in a northerly direction from the northern ,property line of Camp Hill Cemetery Association; thence in a westerly dirsction along a line parallel with the northerly line Camp Hill Cemetery Association, seventy-one (71) feet to a point; thence in a northerly direction parallel with the western line of jNorth Teaenty-first Street one hundred forty-five (145) feet, more ; for less, to a point on the southern line of Logan Street; thence along Logan Street in an easterly direction seventy-one (71) feet -- to a point, the place of BEGINNING_ DEXHO part of lots seventy-seven (77), seventy-eight (78), seventy-nine (79), eighty (80), and eighty-one ($1), and a portion of lot seventy-six (76), on the Plan of Lots '-.known as Second Plan of Hamilton Place, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book;` 1, page &f. BEMMG THE SAl03 PREMISES which Gvaymor, Inc., a Corporftt!On o£ the Commonwealth of Pennsylvania, by the deed dated Ilarch 9, 1956 and recorded march 15, 1956 by the recorder of Deeds in and for- Cumberland County in Deed Book A, volume 17, Page 2$3, granted and conveyed unto William H. xnapik and Gloria C. anaptk. Gloria C. Knapik was deceased October 2, 1984, as evidenced by her Death Cer•aificabe No. 4511430, thus vesting sole interest to William M. Knapik, GRANTOR herein. To-x _?)CQrCe I- 0 I- 2 I b2,,71 - 1 Q 1 C) r' fV _ `J COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. PHILIP A. LOWE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3452 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2103 LOGAN STREET, CAMP HILL, PA 17011, 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on th property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CAMP HILL BOROUGH 2145 WALNUT STREET CAMP HILL, PA 17011 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2103 LOGAN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. September 2, 2003 _ TkL And CVa itM-t ? DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff :n a y'c ^? Co COUNTRYWIDE HOME LOANS, INC. V. Plaintiff, PHILIP A. LOWE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.03-3452 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 2103 LOGAN STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CAMP HILL BOROUGH 2145 WALNUT STREET CAMP HILL, PA 17011 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2103 LOGAN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. September 2, 2003 _ A tt 1 n r--l QS*I`) DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff n J - v CA -G 1 i , FEDERMAN and PHELAN, LLP 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 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. PHILIP A. LOWE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3452 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: (441-5938531-703) anFHA 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 unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff c> ?_- o ?__ ? .7 ,- ,? :, -?? ' -, -„ ;= ?_ ,, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3452 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 PHILIIP A. LOWE, 2103 LOGAN ST., CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 2103 LOGAN ST., CAMP HILL PA 17011 (SEE LEGAL DESCRIPTON) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $92,917.57 L.L. $.50 Interest 9/2/03 TO 12/10/03 @ $15.27 per diem = $1,511.73 Arty's CommN% Due Prothy 1.00 Arty Paid $120.35 Plaintiff Paid Date: SEPTEMBER 5 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN Other Costs CURTIS R. LONG Prothonotary / By: `I fJ n J D my/ Address: OEN PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) PHILIP A. LOWE SERVE PHILIP A. LOWE AT 2103 LOGAN STREET CAMP HILL, PA 17011 CUMBERLAND COUNTY KMD No. 03-3452 ACCT. #5838558 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 pp SERVED Served and made known to e-tw , Defendant, on the -?.;l day of 49`?-, 2goc at (0,A-L, o'clock&J.m., at of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age, -b } Height o0- Weigh - O Race LJ Sex Other - Al Commonw9alth i i, /S AR 0 1- (rRC-E^J , a competent adult, being duly sworn according; to law, depose and state that I personally ande 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 d at the address indicated above. Sworn to and subscribed be°fq a me t4is .?f day of?-46Q3 - _ Nota 4?'?AFI SE By kz3? n'' J,(Jfv:f-Ei-i k +3G b', No PuhHr, Ha nsb???rg ?h C' n PLE31T??Mb?gt ST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATT NOTSERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1`t Attempt: Time: 2ad Attempt:_ Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 7 1. ai 1: r C - _"L y ,: ;- - IN) G L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME VS. PHILIP A. LOWE INC. I) CIVIL CIVIL DIVISION NO. 03-3452 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME LOANS, INC. hereby verify that on September 5, 2003 & November 6, 2003 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 10. 2003 FkANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 November 10, 2003 Office of the Prothonotary CUMBERLAND County Courthouse RE: COUNTRYWIDE HOME LOANS, INC. v. PHILIP A. LOWE CUMBERLAND County, No. 03-3452 Dear Sir, Please file the enclosed AMENDED affidavit(s) in reference to the above captioned matter(s). Kindly return the attorney copy(s) in the self addressed stamped envelope that has been provided for your convenience. Thank you for your cooperation. Yours` Rachel L. Allmond for Federman and Phelan CC: Sheriff's Office of CUMBERLAND County COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. PHILIP A. LOWE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3452 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2103 LOGAN STREET, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CAMP HILL BOROUGH MOUNTAINEER FEDERAL CREDIT UNION 2145 WALNUT STREET CAMP HILL, PA 17011 P.O. BOX 8596 SOUTH CHARLESTON, WV 25303 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2103 LOGAN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. November 10, 2003 12,04k ?Ujna? DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff F v, a w c:l o z r. a D 6 Z a 3 c w R o c y D tyn z O O g 3 a y a r r p an O W n to 'a N R ^ ? ? 6 Ig = N r 14 O °e Rs > C.0 y CC` '. R b` r j 9 z r ? E^?P. o ? by Gr _s X ro n O R a g =?Hg o r c _. Q . y3.: o Q ' y > -4 ? n g ? w ° ro COC • y 8 ff!i Op + J OO W ti 1 ? o° vo a O y? y N to 0 . n 6 6 tTI /? r d ro a J a _ o w 6m?F J 0 0 9?PtEci POS7'?+ n f? R G R d? ? `O°V PIINEY BOW x O n 02 1A $ 01 ES .20() ? e 000430 0377 3. 8 SEP0 5 2003 m 'g "< V MAILED FROM ZIP i,OD E 191 03 - _ R R ?aw ag Q H ? 0 n w !?1 C1 0?1 ? l`I _ W ?G p7? A < 7 4 b Uj 9 p "U Gy V1 ? c ,b A m Q ?1 E -vy , z to A W N O b W J Q= to A W N r ? m a ? z go ? ? ° ? v?ro? ? 0 Q n a ? !5! C r ? `tl v o I N .•v ? o ? w m € w d v r7 ro G " y 7 3 ? z M a N 1PtFS 0004300377.- °?- MAILED FROM ZIPC ll ay , 0 " a 3 ? a o m fD a y w m ? ? a 1 r? d0"1 ? m d L ? ?. '? "'???JJJ111 o ? r n > A ,ro o?x C O' w m a 0 i yir eovurs 005 90° ODE 19103 ? ? o - C- ?.? n nxw -- + "D i:;":: ?? _ -6 : -n ?, ' - :. ? ? = i 1 .:: .F ) __?: ? r= r - _ ' ' r ?,,-? _,_ 'Ci - L?-, _ rn , -c? , ? to Countrywide Home Loans, Inc VS Philip A. Lowe In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3452 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 30.00 Poundage 14.89 Posting Handbills 15.00 Advertising 15.00 Mileage 20.70 Levy 15.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Law Journal 316.55 Patriot News 281.89 Share of Bills 28.90 $ 759.43 paid by attorney 12/17/03 Sworn and subscribed to before me So Answw This day of Ap? R. Thomas Kline, Sheriff 2003, A.D. BY Prothonotary Real Estate 1 ?? cyt, x.13 I $'f THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) as Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 181h, 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 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the 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. dto .,*4. _l..?. .. .................................. and subscribed bafore Tie As 19th day f Nov er 2003 A.D. Notarial Seal Terry L. Russell, Notary Public City Ot Hentburg, Dauphin County My Commission Expires June 6, 2006 NO ARY PUBLIC Member.PennsytvaniaASSxiauonOfNotaries My 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 Total $ 281.89 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have By .................................................................... PUBLICATION COPY SALE#45 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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: OCTOBER 17, 24, 31, 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. REAL. ESTATE SALE NO. 45 Writ No. 2003-3452 Civil Countrywide Home Loans. Inc. vs. Philip A. Lowe Atty.: Frank Federman ALL THAT CERTAIN piece and parcel of land situate in the Borough of Camp Hill. Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of North Twenty-first Street at the intersection of said Street with the southerly line of I,- gan Street; thence in a southerly direction along North Twenty-first Street one hundred forty-five (145) feet. more or less, to a point, said point being at a distance of thirty (30) feet measured in a northerly direction from the northern prop- erty line of Camp Hill Cemetery As- sociation: thence in a westerly di- rection along a line Darallel with rhP Gw D_ is Marie oyne, Editor SWORN TO AND SUBSCRIBED be ore me this 31 day of _ OCTOBER, 2003 Alk SEAL LOIS E. SNYDER, Notary Public Carlisle Boro , Cumberland County My Cornmission Expires March 5, 2005 or less, to a point on me line of Logan Street; then Logan street in an easter Lion seventy-one (71) feet tc the place of BEGINNING. BEING part of lots sever (77), seventy-eight (78), sevi (79), eighty (80). and eighty and a portion of lot seveny on the plan of Lots knows end Plan of Hamilton PI Plan being recorded in the the Recorder of Deeds for land County in Plan Boo 46. BEING THE SAME P! which Graymor, Inc., a G of the Commonwealth 01 vania, by the deed dated 1956 and recorded Marcl by the Recorder of Dee for Cumberland Count. Book A, volume 17. Page ed and conveyed unto I Knapik and Gloria C. Km C. Knapik was decease 2, 1984, as evidenced by Certificate No. 4511430, ing sole interest to Willi pik, GRANTOR herein. Tax Parcel 01-21-02 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. PHILIP A. LOWE Defendant(s). No. 03-3452 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $92,917.57 Interest from 9/6/03- DECEMBER 8, 2004 $7,024.20 and Costs (per diem -$15.27) TOTAL $99,941.77 C) ri Y, me 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. 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 0 a .S w? o?z z ? a ? ? U Z, U boa O w y a? w ,_ H H ? ca d 04 ° F o ? b izi V V ar (y ?I Q ti L J l Y 1 1 /? t^a ` `1 N `'•: : I?J ` ? I I 44 ro ? to 7 +? p O ,a QAJ ALL THAT CERTAIN PIECE AND PARCEL OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, / TO WIT: ?/ BEGINNING AT A POINT ON THE WESTERLY LINE OF NORTH TWENTY-FIRST STREET AT THE INTERSECTION OF SAID STREET WITH THE SOUTHERLY LINE OF LOGAN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG NORTH TWENTY FIRST STREET ONE HUNDRED FORTY FIVE (145) FEET, MORE OR LESS, TO A POINT, SAID POINT BEING AT A DISTANCE OF THIRTY (30) FEET MEASURED IN A NORTHERLY DIRECTION FROM THE NORTHERN PROPERTY LINE OF CAMP H11.1 CEMETERY ASSOCIATION; THENCE IN A WESTERLY DIRECTION ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF CAMP HILL CEMETERY ASSOCIATION, SEVENTY-ONE (71) FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION PARALLEL WITH THE WESTERN LINE OF NORTH TWENTY-FIRST STREET ONE HUNDRED FORTY-FIVE (145) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF LOGAN STREET; THENCE ALONG LOGAN STREET IN AN EASTERLY DIRECTION SEVENTY-ONE (71) FEET TO A POINT, THE PLACE OF BEGINNING. BEING PART OF LOTS SEVENTY-SEVEN (77), SEVENTY-EIGHT (78), SEVENTY NINE (79), EIGHTY (80), AND EIGHTY ONE (81), AND A PORTION OF LOT SEVENTY-SIX (76), ON THE PLAN OF LOTS KNOWN AS SECOND PLAN OF HAMILTON PLACE, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 46. Vested by: Special Warranty Deed dated 02126/99, given by William M. Knaplk, widower, to Phillip A. Lowe, a single man recorded 03/01/99 in Book 194 Page: 1086 IX -?,-Mj *b -aI-02.71- I q I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3452 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 PHILIP A. LOWE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $92,917.57 L.L. Interest FROM 9/6/03 -12/8/04 (PER DIEM - $15.27) - $7,024.20 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $892.28 Other Costs Plaintiff Paid Date: JULY 16, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE CURTIS R. LONG Prothonot Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Philip A Lowe CASE NO.: 1-03-07243 CHAPTER 13 Debtor(s) ORDER DISMISSING CASE NOW, this 18th day of June, 2004, Upon consideration of Trustee's Motion to Dismiss (and hearing if appropriate), and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. BY THE COURT: Date: June 18, 2000?4 7 1Q_ Ban ruu a'Jutlge ??K? This electronic order is signed and filed on the same date. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. PHILIP A. LOWE CIVIL DIVISION NO. 03-3452 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 () 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. ..j? J1 ak':10itM-A _ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .? _, -= - .., _.. -. COUNTRYWIDE HOME LOANS, INC. V. PHILIP A. LOWE Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3452 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 2103 LOGAN STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name CAMP HILL BOROUGH MOUNTAINEER FEDERAL CREDIT UNION Last Known Address (if address cannot be reasonably ascertained, please indicate) 2145 WALNUT STREET CAMP HILL, PA 17011 P.O. BOX 8596 SOUTH CHARLESTON, WV 25303 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2103 LOGAN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 13, 2004 3? e - t_t 40 r t Jl " Ank-, DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ?, -, ?- - ;.. COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, V. No. 03-3452 PHILIP A. LOWE Defendant(s). July 13, 2004 TO: PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 2103 LOGAN STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $92,917.57 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: 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.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN PIECE AND PARCEL OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY LINE OF NORTH TWENTY-FIRST STREET AT THE UTFERSECTION OF SAID STREET WITH THE SOUTHERLY LINE OF LOGAN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG NORTH TWENTY FIRST STREET ONE HUNDRED FORTY FIVE (145) FEET, MORE OR LESS, TO A POINT, SAID POINT BEING AT A DISTANCE OF THIRTY (30) FEET MEASURED IN A NORTHERLY DIRECTION FROM THE NORTHERN PROPERTY LINE OF CAMP HILI. CEMETERY ASSOCIATION; THENCE IN A WESTERLY DMEGTION ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF CAMP HILL CEMETERY ASSOCIATION, SEVENTY-ONE (7I) FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION PARALLEL WITH THE WESTERN LINE OF NORTH TWENTY-FIRST STREET ONE HUNDRED FORTY-FIVE (145) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF LOGAN STREET; THENCE ALONG LOGAN STREET IN AN EASTERLY DIRECTION SEVENTY-ONE (71) FEET TO A POINT, THE PLACE OF BEGINNING. BEING PART OF LOTS SEVENTY-SEVEN (77), SEVENTY-EIGHT (78), SEVENTY MINE (79), EIGHTY (80), AND EIGHTY ONE (81), AND A PORTION OF LOT SEVENTY-SIX (76), ON THE PLAN OF LOTS KNOWN AS SECOND PLAN OF HAMILTON PLACE, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 46. Vested by., Special Warranty Deed dated 02t26/99, given by William M. Knapih, widower, to Phillip A. Lowe, a single man recorded 03/01/99 in Book 194 Page: 1086 IP? r•? ? ` _ il 1 ? C? _' f a ,,. _?? ? ??7 ? ? ? : AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) PHILIP A. LOWE SERVE PHILIP A. LOWE AT 2103 LOGAN STREET CAMP HILL, PA 17011 LbKfaJ. l'blagalSaw Sale Date: DECEMBER 8, 2004 SERVED Served and made known to ?. 1 LYi. * Defendant, on the 2 S day of 2004, a[.5:15(0 , o'clock Q.m, at 2? fd 3 )-O ?Ao 5- ? T? -L,f-?''` p r4xL- )kl ( ,Commonwealth of Pennsylvania, in the manner described below: --4-Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: t? r Description: Age /J Height 15 l9" Weigh16- Race 441E Sex.1q- Other I> - l..-+c7-4 I-). S, 6`V a competent adult, being duly swom according to law, depose and state that I personally handed a true and correct copy of the Nffice Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before. me this day yam of ?j " 200Y. Notary: PLEA E ATTEMPT SERVICE AT On the day of Moved Unknown _ No Answer 18t Attempt: _____L _/Time: By. ?I I EAST 3 TIMES. INDI ATE DATF.E CUMBERLAND COUNTY PJT No. 03-3452 ACCT. #5838558 Type of Action - Notice of Sheriff's Sale & TIMES OF SERVICE ATTEMPTED. NOT SERVED 200, at _ o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: Time: 3rd Attempt: ____L _/Time: Sworn to and subscribed before me this _ day of 200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 ?- r? -? ? ?._, .? ..x)1h'?N%At.t1A . ter. .. G. ? P. :, ,, ,.?; _. r7I_Tt +?? i? r Countrywide Home Loans, Inc. VS Philip A. Lowe In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3452 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, stat, that on September 16, 2004 at 8:50o'clock PM, she served a true copy of the within Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, of the within named defendant, to wit: Philip A. Lowe, by making known unto Philip I personally, at 2103 Logan Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct co the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states th on October 07, 2004 at 1:42 o'clock P.M., he posted a true copy of the within Real Est Writ, Notice, Poster and Description, in the above entitled action, upon the property of Philip A. Lowe located at 2103 Logan Street, Camp Hill, Pemisylvania, according to h R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within name( defendant, to wit: Philip A. Lowe, by regular mail to his last known address of 2103 Logan Street, Camp Hill, PA 17011. This letter was mailed under the date of October 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this v is returned STAYED per instructions from Attorney Frank Federman. Sheriffs Costs Docketing 30.00 Poundage 14.75 Advertising 15.00 Posting Handbills 15.00 Law Library Prothonotary 1.00 Levy 15.00 Mileage 22.20 Surcharge 20.00 Law Journal 270.05 Patriot News 319.06 Share of Bills 30.42 $752.48 Sworn and subscribed to before me So Answers: This 1 !?' day of Aj u-a-4? - ep R. Thomas Kline, Sheriff 2004, A.D.?' .???> ?yi??l.?niyJ /Prothonotary BY t? Real Estate eputy of Sc A -1A r COUNTRYWIDE HOME LOANS, INC. V. PHILIP A. LOWE Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON CIVIL DIVISION NO. 03-3452 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS. INC., Plaintiff in the above action, by its attorney, F C FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution wa filed the following information concerning the real property located at 2103 LOGAN STREET CA P HIL] PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on e real property to be sold: Name CAMP HILL BOROUGH MOUNTAINEER FEDERAL CREDIT UNION Last Known Address (if address cannot be reasonably ascertained, please indicate) 2145 WALNUT STREET CAMP HILL, PA 17011 P.O. BOX 8596 SOUTH CHARLESTON, WV 25303 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 interest maybe 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 inte}est in the property which may be affected by the sale: I Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2103 LOGAN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my persoi knowledge or information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. See. 4904 relating to unswom falsification to authorities. July 13, 2004 f{ bD Q fl_j? (1?> DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, V. No. 03-3452 PHILIP A. LOWE Defendant(s). July 13, 2004 TO: PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATI N OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUE TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 2103 LOGAN STREET, CAMP HILL, PA 17011, is sche led to be sold at the Sheriffs Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $92 91 57 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the eve t the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late char costs and reasonable attorney's fees due. To find out how much you must pay, you call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or op4n the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. Y u 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 sa . 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 o?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 St and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to you. 6. You may be entitled to a share of the money which was paid for your house. A schedule distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. schedule will state who will be receiving that money. The money will be paid out in accordance wi 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 immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LIS 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 in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN PIECE AND PARCEL OF LAND SITUATE IN THE BOROUGH OF C *P HILL, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS OLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY LINE OF NORTH TWENTY-FIRST STREET AT THE INTERSECTION OF SAID STREET WITH THE SOUTHERLY LINE OF LOGAN STREET; THIS E IN A SOUTHERLY DIRECTION ALONG NORTH TWENTY FIRST STREET ONE HUNDRED FORTY FIVE (IV! FEET, MORE OR LESS, TO A POINT, SAID POINT BEING AT A DISTANCE OF THIRTY (30) FEET MEASU D IN A NORTHERLY DIRECTION FROM THE NORTHERN PROPERTY LINE OF CAMP HII I CEMETERY IATION; THENCE IN A WESTERLY DIRECTION ALONG A LINE PARALLEL WITH THE NORTHERLY LINE F CAMP HILL CEMETERY ASSOCIATION, SEVENTY-ONE (71) FEET TO A POINT; THENCE IN A NO RLY DIRECTION PARALLEL WITH THE WESTERN LINE OF NORTH TWENTY-FIRST STREET ONE NDRED FORTY-FIVE (145) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF LOGAN STREET; CE ALONG LOGAN STREET IN AN EASTERLY DIRECTION SEVENTY-ONE (71) FEET TO A POINT, THE P CE OF BEGINNING. BEING PART OF LOTS SEVENTY-SEVEN (77), SEVENTY-EIGHT (78), SEVENTY NINE (79), EIGHTY (40), AND EIGHTY ONE (81), AND A PORTION OF LOT SEVENTY-SIX (76), ON THE PLAN OF LOTS KNOWN AS "ND PLAN OF HAMILTON PLACE, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER O DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 46. Vested by, Special Warranty Deed dated 02/26199, given by William M. Knapik, widower, to Phillip A. Lowe, a gle mum recorded 03101/99 in Book 194 Page; 1086 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3452 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC, Plaintil From PHILIP A. LOWE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined &c paying any debt to or for the account of the defendant (s) and from delivering any property of the defend (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as garnishee and is enjoined as above stated. Amount Due $92,917.57 L.L. Interest FROM 9/6/03 -12/8/04 (PER DIEM - $15.27) - $7,024.20 AND COSTS Arty's Comm % Arty Paid $892.28 Plaintiff Paid Due Pmthy $1,00 Other Costs Date: JULY 16, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 CURTIS R. LONG By: Deputy Supreme Court ID No. 12248 Real Estate Sale #03 On August 18, 2004 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 2103 Logan Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 18, 2004 By: J6 (tq I" Real Estate Deputy ?a REAL ESTATE SALE NO. 3 Writ No. 2003-3452 Civil Countrywide Home Loans, Inc. VS. Phillip A. Lowe Atty.: Frank Federman ALL THAT CERTAIN piece and parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of North Twenty-First Street at the intersection of said street with the southerly line of Lo- gan Street; thence in a southerly direction along North Twenty First Street one hundred forty five (145) feet, more or less, to a point, said point being at a distance of thirty (30) feet measured in a northerly direction from the northern prop- erty line of Camp Hill Cemetery As- sociation; thence in a westerly di- rection along a line parallel with the northerly line of Camp Hill Cemetery Association, seventy-one (71) feet to a point; thence in a northerly direc- tion parallel with the western line of North Twenty-First Street one hundred forty-five (145) feet, more or less, to a point on the southern line of Logan Street; thence along Logan Street in an easterly direc- tion seventy-one (71) feet to a point, the place of beginning. BEING part of lots seventy-seven (77), seventy-eight (78), seventy nine (79), eighty (80), and eighty one (81), and a portion of lot seventy-six (76), on the Plan of Lots known as Sec- ond Plan of Hamilton Place, said Plan being recorded in the Office of the Recorder of Deeds for Cumber- land County in Plan Book 1, Page 46. Vested by: Special Warranty Deed dated 02/26/99, given by William M. Knapik, widower, to Phillip A. Lowe, a single man recorded 03/ 01 /99 in Book: 194 Page: 1086. TAX PARCEL #01-21-0271-191. F?S? a? o ? E 4 V a? R o0 X M g T F- ?? g'g 9 E 5lW=9 HIM Va a VA.,, oI s Y i PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. No. 03-3452 C.T. PHILIP A. LOWE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $92,917.57 Interest from 9/2103 to SEPTEMBER 7, 2005 $11,238.72 and Costs (per diem -$15.27) TOTAL $104,156.29 P I -1 DANIEL G. SCHMIEIRE 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. 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. o? a? az W 0 a W O E.q U? O x W F ? ? OU U '.n Ali a- ! Ly ? 411 ? C r' CU W a x a 0 O O d O W x? 00 W ,G a? U a 4 0 0 0 ? Li o vi p- o 14 0 r d a a x a a U w ? w ? N Y co T o o N y b v.. c? ? I?lj r M ,9 ALL THAT CERTAIN PIECE AND PARCEL OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY LINE OF NORTH TWENTY-FIRST STREET AT THE INTERSECTION OF SAID STREET WITH THE SOUTHERLY LINE OF LOGAN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG NORTH TWENTY FIRST STREET ONE HUNDRED FORTY FIVE (145) FEET, MORE OR LESS, TO A POINT, SAID POINT BEING AT A DISTANCE OF THIRTY (30) FEET MEASURED IN A NORTHERLY DIRECTION FROM THE NORTHERN PROPERTY LINE OF CAMP HH.L CEMETERY ASSOCIATION; THENCE IN A WESTERLY DIRECTION ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF CAMP HELL CEMETERY ASSOCIATION, SEVENTY-ONE (71) FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION PARALLEL WITH THE WESTERN LINE OF NORTH TWENTY-FIRST STREET ONE HUNDRED FORTY-FIVE (W) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF LOGAN STREET; THENCE ALONG LOGAN STREET IN AN EASTERLY DIRECTION SEVENTY-ONE (71) FEET TO A POINT, THE PLACE OF BEGINNING. BEING PART OF LOTS SEVENTY-SEVEN (77), SEVENTY-EIGHT (78), SEVENTY NINE (79), EIGHTY (80), AND EIGHTY ONE (8l), AND A PORTION OF LOT SEVENTY-SIX (76), ON THE PLAN OF LOTS KNOWN AS SECOND PLAN OF HAMILTON PLACE, SARI PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 46, Vested by: Special Warranty Deed dated 02/26/99, given by William M. Knapilt, widower, to Phillip A. Lowe, a single man recorded 03/01/99 in Book 194 Page: 1086 PREMISES BEING: 2103 LOGAN STREET, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3452 Civil COUNTY OF CUMBERLAND) CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From PHILIP A. LOWE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $92,917.57 L.L. Interest FROM 9/2/03 TO 9/7/05 (PER DIEM - $15.27) - $11,238.72 AND COSTS Arty's Comm % Due Prothy $1.00 Atty Paid $1659.76 Other Costs Plaintiff Paid Date: MAY 9, 2005 CURTIS R. LONG Prothonot (Seal) By' o o Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBA N STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Philip A Lowe CHAPTER 13 Debtor(s) CASE NO.: 1:04-bk-04382 ORDER DISMISSING CASE At Harrisburg, in said district, Upon consideration of the Motion of Chapter 13 Trustee and it having been determined after notice and hearing that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. Date: April 22, 2005 BY THE COURT, HauRrupiv? Judge This electronic order is signed and filed on the same date. PHELAN HALLINAN AND SCHMIEG, L.L.P. By, DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. PHILIP A. LOWE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3452 C.T. CERTIFICATION 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: (441-5938531-703) 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 unworn falsification to authorities. Xi?d=g. c"' DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff ?-> c, ?, ?> ;; ?:> c ?» -?: ? -..• r'r`. r ?_. ,. ' ? -i C r: w.A a .. °'i h? .-_ L71 I 1 Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3452 C.T. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC. V. PHILIP A. LOWE 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 ,2103 LOGAN STREET, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name CAMP HILL BOROUGH MOUNTAINEER FEDERAL CREDIT UNION Last Known Address (if address cannot be reasonably ascertained, please indicate) 2145 WALNUT STREET CAMP HILL, PA 17011 P.O. BOX 8596 SOUTH CHARLESTON, WV 25303 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2103 LOGAN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 5, 2005 DATE r"'? 1c; DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff ;.? t'3 f..> 'c1 ?;?.? .- 1 -?: -i .. 1'' is 59 ?_% ? ?i` ? .. _? '..?. v ?.. _. 1-. COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, V. No. 03-3452 C.T. PHILIP A. LOWE Defendant(s). May 5, 2005 TO: PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 2103 LOGAN STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $92,917.57 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: 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 Courtto 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.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling k2151_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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN PIECE AND PARCEL OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: V BEGINNING AT A POINT ON THE WESTERLY LINE OF NORTH TWENTY-FIRST STREET AT THE INTERSECTION OF SAID STREET WITH THE SOUTHERLY LINE OF LOGAN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG NORTH TWENTY FIRST STREET ONE HUNDRED FORTY FIVE (145) FEET, MORE OR LESS, TO A POINT, SAID POINT BEING AT A DISTANCE OF THIRTY (30) FEET MEASURED IN A NORTHERLY DIRECTION FROM THE NORTHERN PROPERTY LINE OF CAMP HILL CEMETERY ASSOCIATION; THENCE IN A WESTERLY DIRECTION ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF CAMP HILL CEMETERY ASSOCIATION, SEVENTY-ONE (71) FEET TO A POINT, THENCE IN A NORTHERLY DIRECTION PARALLEL WITH THE WESTERN LINE OF NORTH TWENTY-FIRST STREET ONE HUNDRED FORTY-FIVE (145) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF LOGAN STREET; THENCE ALONG LOGAN STREET IN AN EASTERLY DIRECTION SEVENTY-ONE (71) FEET TO A POINT, THE PLACE OF BEGINNING. BEING PART OF LOTS SEVENTY-SEVEN (77), SEVENTY-EIGHT (78), SEVENTY NINE (79), EIGHTY (80), AND EIGHTY ONE (8l), AND A PORTION OF LOT SEVENTY-SIX (76), ON THE PLAN OF LOTS KNOWN AS SECOND PLAN OF HAMILTON PLACE, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 46. Vested by: Special Warranty Deed dated 02t26/99, given by William M. Knapik, widower, to Phillip A. Lowe, a single man recorded 03!01199 in Book, 194 Page: 1086 PREMISES BEING: 2103 LOGAN STREET, CAMP HILL, PA 17011 1 t6% x C AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) PHILIP A. LOWE SERVE PHILIP A. LOWE AT 2103 LOGAN STREET CAMP HILL, PA 17011 CUMBERLAND COUNTY SMC No. 03-3452 C.T. ACCT. #5838558 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 7, 2005 11 SERVED Served and made known to .' ?? , Defendant, on the 1 1? day of Gt_, 2007 at '7 0 7 , o'clock .m., at o21 O 3 ?a q'a N 's ca_ Commonwealth ? Y of Pennsylvania, in the manner described below: _X-Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. ff Other: rj?o t2S c6q k 1r7', 2 Description: Age?Q Height _0 Weight?0 Race w"`Sex - Other pe ?91p5se5 1, da+c tit 4 l a&?j 'Tr ; a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed befor e this ? day of _???, 2005_ Notary: ?,?,`jj(p. PLEASE ATTEMPT SERN OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant let Attempt: f l Time: 2"d Attempt: / l Time: 3rd Attempt: / Time: Sworn to and subscribed before me this day of 200 _. Notary: By: Attorney for Plaintiff Daniel G. Schu ieg, Esquire - I.D. No. 62205 ; Y _? ,, ?; Countrywide Home Loans, Inc. VS Philip A. Lowe The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3452 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 18, 2005 at 8:12 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Philip A. Lowe, by making known unto Philip A. Lowe, personally, at 2103 Logan Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on July 07, 2005 at 7:16 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Philip A. Lowe, located at 2103 Logan Street, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Philip A. Lowe, by regular mail to his last known address of 2103 Logan Street, Camp Hill, PA 17011. This letter was mailed under the date of July 01, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 16.03 Posting Bills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 24.00 Certified Mail 12.34 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 353.00 Patriot News 277.94 Share of Bills 20.20 $819.51 Sworn and subscribed to before me This i60"day of 2005, So Answers R. Thomas Kline, Sheriff BY?)&46iid? Real Estate ergeant 91,Ov ck- S 1093 Pr, /L 76 77 r COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. PHILIP A. LOWE CIVIL DIVISION Defendant(s). NO. 03-3452 C.T. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 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 2103 LOGAN STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment; Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CAMP HILL BOROUGH MOUNTAINEER FEDERAL CREDIT UNION 2145 WALNUT STREET CAMP HILL, PA 17011 P.O. BOX 8596 SOUTH CHARLESTON, WV 25303 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2103 LOGAN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 5, 2005 DATE DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. No. 03-3452 C.T. PHILIP A. LOWE Defendant(s). May 5, 2005 TO: PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 "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 ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. " Your house (real estate) at, 2103 LOGAN STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 92$ ,917.57 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 31293. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution 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, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN PIECE AND PARCEL & LAND STCUATE IN THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRHIED AS FOLLOWS, ` TO WIT: V BEGINNING AT A POINT ON THE WESTERLY LINE OF NORTH TWENTY-FIRST STREET AT THE INTERSECTION OF SAID STREET WITH THE SOUTHERLY LINE OF LOGAN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG NORTH TWENTY FIRST STREET ONE HUNDRED FORTY FIVE (145) FEET, MORE OR LESS, TO A POINT, SAID POINT BEING AT A DISTANCE OF THIRTY (30) FEET MEASURED IN A NORTHERLY DIRECTION FROM THE NORTHERN PROPERTY LINE OF CAMP HIM CEMETERY ASSOCIATION; THENCE IN A WESTERLY DIRECTION ALONG A LINE PARALLEL WITH THE NORTHERLY LIKE OF CAMP HELL CEMETERY ASSOCIATION, SEVENTY-ONE (71) FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION PARALLEL WITH THE WESTERN LINE OF NORTH TWENTY-FIRST STREET ONE HUNDRED FORTY-FIVE (14S) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF LOGAN STREET; THENCE ALONG LOGAN STREET IN AN EASTERLY DIRECTION SEVENTY-ONE (71) FEET TO A POINT, THE PLACE OF BEGINNING. BEING PART OF LOTS SEVENTY-SEVEN (77), SEVENTY-EIGHT (7g), SEVENTY NINE (79), EIGHTY (80), AND EIGHTY ONE (81), AND A PORTION OF LOT SEVENTY-SIX (76), ON THE PLAN OF LOTS KNOWN AS SECOND PLAN OF HAMILTON PLACE, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 46. Vested by: Special Warranty Deed dated 02/26/99, given by William M. Knapik, widower, to Phillip A. Lowe, a single man recorded 03/01/99 in Book: 194 Page: 1086 PREMISES BEING: 2103 LOGAN STREET, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3452 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From PHILIP A. LOWE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $92,917.57 L.L. Interest FROM 9/2/03 TO 9/7/05 (PER DIEM - $15.27) - $11,238.72 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $1659.76 Other Costs Plaintiff Paid Date: MAY 9, 2005 CURTIS R. LONG Prothonot ry (Seal) By: Qi o _ D/li Y. Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBA N STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #02 On May 16, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 2103 Logan Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 16, 2005 ByzJb Real Estz Deputy .. 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. 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 Sworn to anY4ubscribed before mee is 16th day SALE #2 /71t).?,_ , My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 277.94 REAL ESTATE SALE No. 02 Vhlt No. 7604-3462 CounVywlOs.NOms Loam, htO. Nor PM6R A. Lows. Atty. Dttnld Sdmn ft - ALL TART CFRMMN pi= ad pence] of land simae in The Ban* of Comp IM, Combatted County, PMVM M, more parkwlsty bomad anddmodbedufAm,mwit BEGINNING at a point an the westerly line of Noah Twmry-fintSued at the C.Maatim of said saw with the wethedy lice of Loge Sred; thence a a southerly dream along North Twenty-fiat met one beaked 6my five (145) fed,mort or Iea, In a point, said point being at a di9snce of rbi ty (30) tad masmed in a northerly direction fioa the nonhw paoperty 1®e damp 10 Cemetery Aasociadm, thence in a westerly direction along a but pm W with the aatbMy live of Camp Big Caoawy Ammutim, sovmty one (71) fed to a point; thence in a mrther]y direction parallel with the weemr line of North Twenty-fise Street one Mmdred forty five (145) fed,moe or lento a point m tit sonthto tiro Of Lague Stan; thence along Login Sued h u eaentydration weary one (71) fad to a point, the phce of HEMMING. BEING pat of loo sevd.y seven (77), seventy eight (78), seventy vice (79), eighty (80), ad eighty em (81), ad a portion of Lot watery sit (76), on the Phn dLo s boyda Second Pho of Hamtbea Piece, acid Pe being miadd. in the Office of the Recorder of D&'& for Coundmind County to Pin Book 1, Page 46.. Vested by. Spend Waamey Deed deed 012699, givm by Wiliam M. K*k,widom,to Philip A. Lowe, a Aingle men, recorded 03/01/99 in Bode 194. Page 1086. MUM RBHlG. 2103 Logan Sited, Camp HN A 17011. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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, July 15, 22, 29, 2005 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. Marie Covnel Editor AND SUBSCRIBED before me this ay of July. 2005 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5. 2009 REAL ESTATE BALE NO. 2 Writ No. 2003-3452 Countrywide Home Loans, Inc. VS. Phillip A. Lowe Atty.: Daniel Schmieg ALL THAT CERTAIN piece and parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of North Twenty-First Street at the intersection of said street with the southerly line of Lo- gan Street; thence in a southerly di- rection along North Twenty First Street one hundred forty five (145) feet, more or less, to a point, said point being at a distance of thirty (30) feet measured in a northerly direction from the northem prop- erty line of Camp Hill Cemetery As- sociation; thence in a westerly di- rection along a line parallel with the northerly line of Camp Hill Cemetery Association, seventy-one (71) feet to a point; thence in a northerly direc- tion parallel with the western line of North Twenty-First Street one hundred forty-five (145) feet, more or less, to a point on the southem line of Logan Street; thence along Logan Street in an easterly direc- tion seventy-one (71) feet to a point, the place of beginning. BEING part of Lots Seventy- Seven (77), Seventy-Eight (78), Sev- enty Nine (79), Eighty (80), and Eighty One (81), and a portion of lot Seventy-Six (76), on the Plan of Lots known as Second Plan of Hamilton Place, said plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 1, Page 46. Vested by: Special Warranty Deed dated 02/26/99, given by Wil- Ilam M. Enapik, widower, to. Phillip A. Lowe, a single man recorded 03/ 01/99 in Book: 194 Page: 1086. PREMISES BEING: 2103 LOGAN STREET, CAMP HILL, PA 17011. -» --Oh PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. No. 03-3452 PHILIP A. LOWE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $92,917.57 Interest from 9/2/03 to SEPTEMBER 6, 2006 $16,797.00 and Costs (per diem -$15.27) Attorney Fees & Costs $11,634.50 TOTAL $109,714.57 DANIEL G. SCHMIEG, ESOURE 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. 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. O '? U a? OW ? oa w A U u a a a 0 w W w :O d ?w 00 a? U w 0 r d w a u ? w N as ? 7+ Ny '9 d s ALL THAT CERTAIN PIECE AND PARCEL OF LAND SrrUATE IN THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY LINE OF NORTH TWENTY-FIRST STREET AT THE INTERSECTION OF SAID STREET WITH THE SOUTHERLY LINE OF LOGAN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG NORTH TWENTY FIRST STREET ONE HUNDRED FORTY FIVE (145) FEET, MORE OR LESS, TO A POINT, SAID POINT BEING AT A DISTANCE OF THIRTY (30) FEET MEASURED IN A NORTHERLY DIRECTION FROM THE NORTHERN PROPERTY LINE OF CAMP HILT. CEMETERY ASSOCIATION; THENCE H4 A WESTERLY DIRECTION ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF CAMP HILL CEMETERY ASSOCIATION, SEVENTY-ONE (71) FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION PARALLEL WITH THE WESTERN LINE OF NORTH TWENTY-FIRST STREET ONE HUNDRED FORTY-FLVE (145) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF LOGAN STREET; THENCE ALONG LOGAN STREET IN AN EASTERLY DIRECTION SEVENTY-ONE (71) FEET TO A POINT, THE PLACE OF BEGINNING. BEING PART OF LOTS SEVENTY-SEVEN {77), SEVENTY-EIGHT (78), SEVENTY NINE (79), EIGHTY (80), AND EIGHTY ONE (8I), AND A PORTION OF LOT SEVENTY-SIX (76), ON THE PLAN OF LOTS KNOWN AS SECOND PLAN OF HAMILTON PLACE, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK I, PAGE 46.. Vested by: Special Warranty Deed dated 02/26/99 , given by William M. Knapik, widower, to Phillip A. Lowe, a single man accorded 03/41199 in Book: 194 Page: 1086 PREMISES BEING: 2103 LOGAN STREET, CAMP HILL, PA 17011 a It Q n _zN t ,) rn lZ>en LkA .s> COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. PHILIP A. LOWE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL. DIVISION NO. 03-3452 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 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 ,2103 LOGAN STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment 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) CAMP HILL BOROUGH MOUNTAINEER FEDERAL CREDIT UNION 2145 WALNUT STREET CAMP HILL, PA 17011 PO BOX 8596 SOUTH CHARLESTON, WV 25303 . 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 Tenaut/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 2103 LOGAN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. April 13, 2006 DATE DANIEL G. SCHMIEG, ESQ0IRE Attorney for Plaintiff `?' n ? ?? ?" =? .? ??? : '%l'3 fi7 ? -f` : r; ti' . '. ,, .^U -n -: . ?._ . ?,y . , .. . ; ? ? ? ?1?, ?s '_rc7 v. ,` %3 ' 'y. ? _ .? yw} n ..G 4Q WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N003-3452 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 PHILIP A. LOWE, 2103 LOGAN STREET, CAMP HILL PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 2103 LOGAN STREET, CAMP HILL PA 17011 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $92,917.57 L.L. Interest FROM 9/2/03 TO 9/6/06 @ $15.27 PER DIEM - $16,797.00 Atty's Comm % $11,634.50 Due Prothy $1.00 Atty Paid $2,494.27 Plaintiff Paid Date: APRIL 17, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400, PHILA PA 19103-1814 Attorney for: PLAINTIFF Other Costs CURTIS R. LONG Prothonotary By: Deputy Telephone: (215) 563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. PHILIP A. LOWE CIVIL DIVISION NO. 03-3452 Defendant(s). CERTIFICATION 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 Q Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQTftE Attorney for Plaintiff ?"J p O ?: `? ? .? .-.-`?- _ _ r ".'?'???_.. ? ?, ' 'r?. .->? ?-. Y '`, V' COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, V. No. 03-3452 PHILIP A. LOWE Defendant(s). April 13, 2006 TO: PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND 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, 2103 LOGAN STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 92$ ,917.57 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN PIECE AND PARCEL OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT. v BEGINNING AT A POINT ON THE WESTERLY LINE OF NORTH TWENTY-FIRST STREET AT THE INTERSECTION OF SAID STREET WITH THE SOUTHERLY LINE OF LOGAN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG NORTH :TWENTY FUM STREET ONE HUNDRED FORTY FIVE (145) FEET, MORE OR LESS, TO A POINT, SAID POINT BEING AT A DISTANCE OF THIRTY (30) FEET MEASURED IN A NORTHERLY DIRECTION FROM THE NORTHERN PROPERTY LINE OF CAMP HILL CEMETERY ASSOCIATION; THENCE IN A WESTERLY DMEITION ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF CAMP HILL CEMETERY ASSOCIATION, SEVENTY-ONE (71) FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION PARALLEL WITH THE WESTERN LINE OF NORTH TWENTY-FIRST STREET ONE HUNDRED FORTY-FIVE (145) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF LOGAN STREET; THENCE ALONG LOGAN STREET IN AN EASTERLY DIRECTION SEVENTY-ONE (71) FEET TO A POINT, THE PLACE OF BEGINNING. BEING PART OF LOTS SEVENTY-SEVEN (77), SEVENTY-EIGHT (79), SEVENTY NINE (79), EIGHTY (30), AND EIGHTY ONE (gl), AND A PORTION OF LOT SEVENTY-SIX (76), ON THE PLAN OF LOTS KNOWN AS SECOND PLAN OF HAMILTON PLACE, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 4(. Vested b)r Special Warranty Deed dated 02126199, given by William M. Kaapily widower, to Phillip A. Lowe, a single man recorded 03!01/99 in Book 194 Page: 1096 PREMISES BEING: 2103 LOGAN STREET, CAMP HILL, PA 17011 r G? ?, -, ? ?, ,?, ? ? -n y.. ? -t:.?l? , ` gi ? , ? - n Y? . ? V CI y ?-? C+Z '--i r- .? ... _ 4'7 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Philip A Lowe 24' 03- 3 Chapter 13 Case No.: 1-05-bk-05920 Debtor(s) ORDER DISMISSING CASE At Harrisburg, in said district, upon consideration of the Trustee's Motion to dismiss case for material default and it having been determined after notice and hearing and Debtor's failure to appear at said hearing that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the Court, 7041, ? JL 11dude (JK) This electronic order is signed and filed on the same date. Dated: February 28, 2006 c' r-. `'" - ?, .? ?,;?, l ? ?') ...i x>' 4 + ' ' i -'D ; ? '. ?t, :. ? . ?, CAE r' ty- ;SJ ? ?? ? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas Plaintiff : Civil Division VS. : Cumberland County Philip A. Lowe No. 03-3452 Civil Term Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 21, 2003, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on September 5, 2003 in the amount of $92,917.57. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". A Sheriffs Sale of the mortgaged property at 2103 Logan Street, Camp Hill, PA 17011 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 13 Bankruptcy at docket number 1-03-07243 on December 9, 2003. The Bankruptcy was dismissed by order of court dated June 18, 2004. A true and correct copy of the Bankruptcy Dismissal Order is attached hereto, made part hereof, and marked as Exhibit "C". b) The Defendant filed a Chapter 13 Bankruptcy at docket number 1-04-04382 on July 19, 2004. Plaintiff obtained relief from automatic stay by order of court dated March 17, 2005. A true and correct copy of the Bankruptcy Relief Order is attached hereto, made part hereof, and marked as Exhibit "D". C) The Defendant filed a Chapter 13 Bankruptcy, at docket number 1-05-05920 on September 6, 2005. The Bankruptcy was dismissed by order of court dated February 28, 2006. A true and correct copy of the Bankruptcy Dismissal Order is attached hereto, made part hereof, and marked as Exhibit "E". 4. The Property is listed for Sheriffs Sale on September 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $86,749.29 Interest Through 9/6/06 22,265.76 Per Diem $16.63 Late Charges 95.40 Legal fees 5,225.00 Cost of Suit and Title 2,909.50 Sheriffs Sale Costs 5,141.02 Property Inspections 416.50 Appraisal/BPO 0.00 MIP/PMI 1,206.78 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 5,851.11 TOTAL $129,860.36 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmie LLP -117-1 la9 Date: By; Michele M. Bradford, Esqu Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 {215) 563-7000 Countrywide Home Loans, Inc. Plaintiff vs. Philip A. Lowe Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 03-3452 Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 2103 Logan Street, Camp Hill, PA 17011. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. M. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958), Chase Home Mortga a Corporation of the Southwest v. Good 537 A.2d 22, 24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa Nat Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. L Phelan Hallinan & Schmieg, LLP DATE: By; Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 03 - .341,0. CUMBERLAND COUNTY PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 c7 0 ?-, -n Defendant(s) z _ z [ i`a) r, rl'1 CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE tw z 10 NOTICE T **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINEDWH.L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS440T REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. pN FE?ERMAN Y F ?E pNEt,ropv A?a?SE R?URN ; P F?tD?? ?? Y ALE r PLEA File #: 50259 CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 , V e i 101 t<u)i ? G j Lily the (717) 249-3166 within to be a true and correct copy of the on inalflled of reoord FEDERMAN AND PHELAN FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 L215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY HOORMATION OBTAINED-WELL 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 fiuther notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 av0 ilel0uy 'O Ity the (717) 249-3166 within to be a true and correct copy of the on nai fled of record FE ERMAN AND PWAN File #: 50259 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File #: 50259 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: PHILIP A. LOWE 2103 LOGNN STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/2611999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1522, Page 1095. 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 03/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 50259 6. The following amounts are due on the mortgage: Principal Balance $86,749.29 Interest 2,834.16 02/01/2003 through 07/18/2003 (Per Diem $16.87) Attorney's Fees 1,250.00 Cumulative Late Charges 159.00 02/26/1999 to 07/18/2003 Cost of Suit and Title Search 550.00 Subtotal $ 91,542.45 Escrow Credit 0.00 Deficit 599.10 Subtotal 599.10 TOTAL $ 92,141.55 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 92,141.55, together with interest from 07/18/2003 at the rate of $16.87 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. FEDERMP ' By: HallYnan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 50259 a »a ,.?-t° tsril ss#. `isald sitiaat° is? tha . .T3IgpuC?[`p3.ec? And par, ol10 .Y ? pe?iitl?Ylvtslia ears and C . oa11? t10r?D 7±' of t ca=r s3.71 s deACtibed, As f t? ?+?3t: partio?alarl= boafaded and v.t?ls tame at n.., point ..eri . i s 1Nl se?1 lino o! the :: o Maid Stroet td?-ltfcsb at the int!?#?csi! as stre;at; ttkssae iz?. a aouthsrl* direction sotttherlY liae of =•og live lie feet. aloa9 _ .?atY--first stseat one haadrdd oat&- ) isss,. to a Pout, said .?+oiat baxaq At a distapas of thirty Mort-h 'n Coro or (30) lost *"asutrea is st aoactFte?cl* dir?satio?a try tao a no of Cam Hill. 'coon°xT 1lsaaciatiac line of saeapT lid;,rsctioss along a lino P"-43.3.01L vitla 7 1a Ir?to R Pala" al CeaeterY A-sopiation, setr4rts oa° ( ) gthsttoe is a a4rthoriY dirsesisLou paraliei thitRe (mss) °leot Bore xortb- atY-.first straet.oae Ltiadred lortY- Street; thsaae a of or leas. to A. point ou the s0u"0 d?°atioa sei vsap Y-oaa (.7.1) test along =,oQaa street is an sast°r1Y: _ .- _ .Y t0 A point ? ths PROPERTY ADDRESS.: 2103 LOGAN.ST.REET VERIFICATION MICHAEL D. VESTAL hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: ?7 1 wo Exhibit "B" FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN ?` Identification No. 12248 'Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STA TION 1617 JOHN F. KENNEDY BLVD., SUITE 14 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 00 V. Plaintiff, PHILIP A. LOWE WOL CORY PI. EASE N 04 ?a?Dr'HELAN :r 2_t?,jA. L= (,-, PX ATTORNEY F,it r7 ^" v tag" CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3452 n Z] F"? t) i'+ r1 t"' c? CFi r? AN) (D q PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: .-A ? t> -y Kindly enter judgment in favor of the Plaintiff and against PHILIP A. LOWE,. 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 7/19/03 to 9/2/03 TOTAL $92,141.55 $776.02 $92,917.57 I hereby certify that (1) 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. °15ANa f xxt n 1-ii FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: 9- U3 / g PRO PROTHY Exhibit "C" UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Philip A Lowe CASE NO.: 1-03-07243 CHAPTER 13 Debtor(s) ORDER DISMISSING CASE NOW, this 18th day of June, 2004, Upon consideration of Trustee's Motion to Dismiss (and hearing if appropriate), and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. BY THE COURT: Date: June 18, 2004 Ban p Judge rtnxi This electronic order is signed and filed on the same date. Exhibit "D" UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Philip A. Lowe BK NO: 104-04382 MDF Debtor CHAPTER 13 Countrywide Home Loans, Inc. Movant Philip A. Lowe V. Respondents : ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon consideration of Motion of Countrywide Home Loans, Inc. (Movant), and the filing of a Certification of Default, it is ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 2103 Logan Street, Camp Hill, PA 17011, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and Countrywide Home Loans, Inc. may immediately enforce and implement this order granting Relief from the Automatic Stay. BY THE COURT, 71hk,)k?w,_ Date: March 17, 2005 This electronic order is signed and filed on the same date. Exhibit "E" UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Philip A Lowe Chapter 13 Case No.: 1-05-bk-05920 Debtor(s) ORDER DISMISSING CASE At Harrisburg, in said district, upon consideration of the Trustee's Motion to dismiss case for material default and it having been determined after notice and hearing and Debtor's failure to appear at said hearing that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the Coo t, W-W-1 MW Q_ Jim- can This electronic order is signed and filed on the same date. Dated: February 28, 2006 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: By; Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff : Civil Division vs. Cumberland County Philip A. Lowe No. 03-3452 Civil Term Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individual on the date indicated below. Philip A. Lowe 2103 Logan Street Camp Hill, PA 17011 Philip A. Lowe P.O. Box 1121 Camp Hill, PA 17001 DATE: `t Phelan Hallinan & Schmieg,LLLPP By: Michele M. Bradford, Esqu Attorney for Plaintiff ,..._ .._ _-, ?: ? _ -_? y, y. - ?. C '"" _-- -. :ti COUNTRYWIDE HOME LOANS, INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PHILIP A. LOWE, Defendant 03-3452 CIVIL ORDER OF COURT AND NOW, this 26th day of July, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before August 15, 2006; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, VMlichele M. Bradford, Esquire Attorney for Plaintiff/Petitioner ?hilip A. Lowe Defendant bas M. L. Ebert, Jr., J. 77 1 I?...I,.L I+ 1 r -A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. CIVIL DIVISION PHILIP A. LOWE Defendant(s). NO. 03-3452 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for COUNTRYWIDE HOME LOANS, INC hereby verifies that on APRIL 14, 2006 true and correct copies of the Notice of Sheriffs Sale were served by certificate of mailing to the recorded lienholder(s) and any known interested party. l7 4AWL G. SCHMIEG, ESQ?hU Attorney for Plaintiff Date: JULY 27, 2006 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. s A.m 30OJc§7 WOadQ3litlW ate, y $ 4 £0161 SZ860£h440 .•o -:?.. .... 9002 bj tl? ZO '., 41 ogg- YV ccc999 wri 4.1 ts4d6? ? ? SS' a P? ? O W M n ?j V O o Ag§ y o xg 4 Z wO y .S V A A O °zFa c%1 ? O O ? ? $ F7 •? O W $ 8 ?A 0- 's d ? O a??a Z m u ?p 00 a r . tC w b .q. v' ?o r N M a z?? P? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff V5. Philip A. Lowe Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 03-3452 Civil Term CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of August 15, 2006 has been served upon the following persons: Philip A. Lowe 2103 Logan Street Camp Hill, PA 17011 Date: 8 Philip A. Lowe P.O. Box 1121 Camp Hill, PA 17001 PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bra f , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff VS. Philip A. Lowe Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County No. 03-3452 Civil Term MOTION TO MAKE RULE ABSOLUTE Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: That it is The Plaintiff in this action. A Rule was entered by the Court on July 26, 2006 directing the Respondents to show cause why the Motion to Reassess should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". The Rule to Show Cause was timely served upon all parties on August 1, 2006 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certification of Service of the rule is attached hereto, and made a part hereof, and marked Exhibit "B". 4. Respondents failed to respond or otherwise plead by the Rule Returnable date of August 15, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff Mortgage Electronic Registration Systems, Inc.'s Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP Date Michele M. Bradford, Esqu' Attorney for Plaintiff t ' PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. VS. Philip A. Lowe Plaintiff Defendant Attorney for Plaintiff Court of Common Pleas : Civil Division : Cumberland County No. 03-3452 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 21, 2006. A Rule was entered by the Court on July 26, 2006 directing the Respondents to show cause why the Motion to Reassess Damages should not be granted. (See Exhibit "A".) The Rule to Show Cause was timely served upon all parties on August 1, 2006 in accordance with the applicable rules of civil procedure. Respondents failed to respond or otherwise plead by the Rule Returnable date of August 15, 2006 upon the Defendant. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP ? o Dat Michele M. Bradford, Es tx Attorney for Plaintiff Exhibit "A" COUNTRYWIDE HOME LOANS, INC Plaintiff PHILIP A. LOWE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3452 CIVIL ORDER OF COURT AND NOW, this 26th day of July, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before August 15, 2006; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner Philip A. Lowe Defendant bas '? ?AA "` M. L. Ebert, Jr., J. Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Countrywide Home Loans, Inc. ATTO FO Court of Common Pleas Plaintiff Civil Division I VS. Cumberland County Philip A. Lowe No. 03-3452 Civil Tenn Defendants CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of &ur Motion to Reassess Damages noting a Rule Return date of August 15, 2006 has been served upon the following persons: Philip A. Lowe Philip A. Lowe 2103 Logan Street P.O. Box 1121 Camp Hill, PA 17011 Camp Hill, PA 17001 i PHELAttitA-1` ? IEG, LLP Date: By , Michele M. Br ,-. Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff, in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Datel V, Michele M. Bradford, Esq ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff vs. Philip A. Lowe Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 03-3452 Civil Term CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Philip A. Lowe 2103 Logan Street Camp Hill, PA 17011 blijelkj - Date Philip A. Lowe P.O. Box 1121 Camp Hill, PA 17001 Michele M. Bradford, Esqu' Attorney for Plaintiff C _.> C. ni -n ' r C.F'i 0 m .,. °r; .-. C7 ter PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff VS. Philip A. Lowe Defendant ORDER Attorney for Plaintiff AU61 8 2006 ;0-41Court of Common Pleas Civil Division Cumberland County No. 03-3452 Civil Term AND NOW, this day of R0g0I , 2006, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Respondents shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED; and the Prothonotary is ordered to amend the judgment as follows: Principal Balance $86,749.29 Interest Through 9/6/06 22,265.76 Per Diem $16.63 Late Charges 95.40 Legal fees 5,225.00 Cost of Suit and Title 2,909.50 Sheriffs Sale Costs 5,141.02 Property Inspections 416.50 AppraisalBPO 0.00 MIP/PMl 1,206.78 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 5.851.11 TOTAL $129,860.36 Plus interest through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: Nfr ^?A'ASrVN3?j ! Z .gip !Z gild 4002 '*IQNC)NlQWL H1 301j--Z-QJN w PLAINTIFF DEFENDANT(S) COUNTRYWIDE HOME LOANS, INC. PHILIP A. LOWE SERVE PHILIP A. LOWE AT 2103 LOGAN STREET CAMP HILL, PA 17011 CUMBERLAND COUNTY CXP No. 03-3452 ACCT. #5838558 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 6, 2006 SERVED Served and made known to K I IT 0 tf! e- , Defendant, on the _Z7 day of r 1' I 200L at %'-30 , o'clock ?.m., at 19 Z D9 o n -S ? , Commonwealth of Pennsylvania, in the manner described below: " Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 3 YS Height sZ tt Weight ??r Race t^..) Sex -" Other I, TkLg i A fz a 6e(, 'f`..f , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and cornet copy of the Notice of Sheriffs Sale in the manlier as set forth herein, issued in the captioned case on the date and at the address:indicated above. and r By. )K4LEASS4AW%ff sf SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State of New Jersey PATRICIA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of 200, at o'clock -.m, Defendant NOT FOUND because: _ Moved ! Unknown` No Answer Vacant 1't Attempt: Time: 3rd Attempt- ___L / Time: Sworn to and subscribed before me this _ day of _,200-. Notary: By: Atioraev for Plaiotitf Daniel G. Sehnreg, Esquire - I.D. No. 62205 PMB M 2a" Attempt: Time: i" c? "T7 lT'' rvi cn CO Pn ? -n? F ?rn Countrywide Home Loans, Inc. The Court of Common Pleas of VS Cumberland County, Pennsylvania Philip A. Lowe Writ No. 2003-3452 Civil Term Douglas Ruzanski, Deputy Sheriff, who being duly sworn according to law, states that on June 28, 2006 at 12:06 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Philip A. Lowe by making known unto Philip A. Lowe personally at 2103 Logan Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing him personally the said true and correct copy of the same. Douglas Ruzanski, Deputy Sheriff, who being duly sworn according to law, states that on June 28, 2006 at 12:02 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Philip A. Lowe, located at 2103 Logan Street, Camp Hill, Pennsylvania, 17011 according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Philip A. Lowe, by regular mail to his last known address of 2103 Logan Street, Camp Hill, Pennsylvania, 17011. This letter was mailed under the date of July 13, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 15.54 Advertising 15.00 Posting Handbills 15.00 Prothonotary 1.00 Mileage 13.20 Levy 15.00 Surcharge 20.00 at Law Journal 341.00 Patriot News 287.60 Postpone Sale 20.00 Share of Bills 19.31 $ 792.65 So Answers: R. Thomas Kline, Sheriff "4i4104 BY Q3-G Real Estate ergeant COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. PHILIP A. LOWE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3452 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 ,2103 LOGAN STREET, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name CAMP HILL BOROUGH MOUNTAINEER FEDERAL CREDIT UNION Last Known Address (if address cannot be reasonably ascertained, please indicate) 2145 WALNUT STREET CAMP HILL, PA 17011 PO BOX 8596 SOUTH CHARLESTON, WV 25303 le 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2103 LOGAN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 13, 2006 DATE f""V- =?&"' DANIEL G. SCHMIEG, ESQftE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, V. No. 03-3452 PHILIP A. LOWE Defendant(s). April 13, 2006 TO: PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 * *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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 2103 LOGAN STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $92,917.57 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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, PA 17013 (717) 249-3166 (800) 990-9108 0' ALL THAT CERTAIN PIECE AND PARCEL OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, i TO WIT: V BEGINNING AT A POINT ON THE WESTERLY LINE OF NORTH TWENTY-FIRST STREET AT THE INTERSECTION OF SAID STREET WITH THE SOUTHERLY LINE OF LOGAN STREET; THENCE IN A SOUTHERLY DIRECt'I 3N ALONG NORTWTWENTY FIRST STREET ONE HUNDRED FORTY FIVE (145) FEET, MORE OR LESS, TO A POINT, SAID POINT BEING AT A DISTANCE OF THIRTY (30) FEET MEASURED IN A NORTHERLY DIRECTION FROM THE NORTHERN PROPERTY LINE OF CAMP HILL CEMETERY ASSOCIATION; THENCE IN A WESTERLY DIRECTION ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF CAMP HILL CEMETERY. ASSOCIATION, SEVENTY-ONE (71) FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION PARALLEL WITH THE WESTERN LINE. OF NORTH TWENTY-FIRST STREET ONE HUNDRED FORTY-FIVE (145) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF LOGAN STREET; THENCE ALONG LOGAN STREET IN AN EASTERLY DIRECTION SEVEN'T'Y-ONE (71) FEET TO A POINT, THE PLACE OF BEGINNING. BEING PART OF LOTS SEVENTY-SEVEN (77), SEVENTY-EIGHT (78), SEVENTY NINE (79), EIGHTY (80), AND EIGHTY ONE (9t), AND A PORTION OF LOT SEVENTY-SIX (76), ON THE PLAN OF LOTS KNOWN AS SECOND PLAN OF HAMILTON -!LACE, SAIDPLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 46. Vestcd b)r Special Warranty Deed dated 02/26/94 , given by William M. Knapik, widower, to Phillip A, Lowe, a single man recorded 03101/99 in Book: 194 Page: 1086 PREMISES BEING: 2103 LOGAN STREET, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT r COMMONWEALTH OF PENNSYLVANIA) N003-3452 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC. Plaintiff (s) From PHILIP A. LOWE, 2103 LOGAN STREET, CAMP HILL PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 2103 LOGAN STREET, CAMP HILL PA 17011 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $92,917.57 L.L. Interest FROM 9/2/03 TO 9/6/06 @ $15.27 PER DIEM - $16,797.00 Atty's Comm % $11,634.50 Due Prothy $1.00 Atty Paid $2,494.27 Plaintiff Paid Date: APRIL 17, 2006 Other Costs 9URL NG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400, PHILA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 Real Estate Sale # 54 On May 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 2103 Logan Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 31, 2006 By: Real Estate Sergeant e-YD C9 I Z :b d 5 - IN 9001 c =? JAW DNS ]R A :. -,1 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. 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 Sworn to and su cri a be re me thi August 2006 A.D. SALE #54 ? OFPENNSYLYAI Notarial seal Terry L. Russell, Notary pLg* City Harrisbu , in county MY res June 6,2010 / M mb , Pe op Associa ' n Noto TARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ?? , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 21, July 28, and August 4, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time place and character of publication are true. 7) - a___ L' a Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 4 day of August, 2006 NOTARIAL SEAL WIS E. SNYDER, Notary Public Carlisle 6oro, ;timberland County V: , C frmission Expires March 5, 2009 REAL ESTATE SALE NO. 84 Writ No. 2003-3452 Civil Countrywide Home Loans, Inc. VS. Philip A. Lowe Atty.: Daniel Schmieg ALL THAT CERTAIN piece and parcel of land situate in the Bor- ough of Camp Hill, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of North Twenty-First Street at the intersection of said street with the southerly line of Lo- gan Street; thence in a southerly di- rection along North Twenty-First Street one hundred forty five (145) feet, more or less, to a point, said point being at a distance of thirty (30) feet measured in a northerly direction from the northern prop- erty line of Camp Hill Cemetery As- sociation; thence in a westerly di- rection along a line parallel with the northerly line of Camp Hill Cemetery Association, seventy-one (71) feet to a point; thence in a northerly direc- tion parallel with the western line of North Twenty-First Street one hundred forty-five (145) feet, more or less, to a point on the southern line of Logan Street; thence along Logan Street in an easterly direc- tion seventy-one (71) feet to a point, the place of beginning. BEING part of lots seventy-seven (77), seventy-eight (78), seventy nine (79), eighty (80), and eighty one (81), and a portion of lot seventy-six (76), on the plan of lots known as Sec- ond Plan of Hamilton Place, said plan being recorded in the Office of the Recorder of Deeds for Cumber- land County in Plan Book 1, page 46. Vested by: Special Warranty Deed dated 02/26/99, given by William M. Knapik, widower, to Phillip A. Lowe, a single man re- corded 03/01/99 in Book: 194 Page: 1086. PREMISES BEING: 2103 Logan Street, Camp Hill, PA 17011. ? V PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. No. 03-3452 PHILIP A. LOWE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/6/03-12/8/04 to 6/13/07 (per diem -$21.35) TOTAL Add'l fees $129,860.36 $6,340.95 and Costs $136,201.31 $15,* 041 DANIEL G. SCH G SQ IRE One Pe ` Center Sub b Station 1617 J t Ke edy Boulevard, Suite 1400 Philade hia, A 19103-1814 Attorney laintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 50259 .94 ? z V ?j z az cW o a ?a off % Uz o x Qo A Va H H? O Lu c .: .._ c tj A 3-yr LL 0 - .?..? C".,W7 r;l a 0 a z H U _ wv w? O ? 0t U a b <C ti v ? o M r ` r ? r V r V ? y y y r r VO ? Ing ? ? ? p A A ? cC M ? ? ? a O p 3 _ 2r? a" cY C?? C'? Or lq vi tai tip {? r4l O a a a x a V M O N a? ell) • Jr 14 4 ` • ?a ALL THAT CERTAIN PIECE AND PARCEL OF LAND SITUATE IN THE BOROUGH OF CAMP HH.4 CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY LINE OF NORTH TWEmy-Faw STREET AT THE INTERSECTION OF SAID STREET WITH THE SOUTHERLY LINE OF LOGAN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG NORTH TWENTY-FIRST STREET ONE HUNDRED FORTY-FIVE (145) FEET, MORE. OR LESS, TO A POINT, SAID POINT BEING AT A DISTANCE OF THIRTY (30) TWEET MEASURED IN A NORTHERLY DMECTION FROM THE NORTHERN PROPERTY LINE OF CAMP HILL CEMETERY ASSOCIATION; THENCE IN A WESTERLY DIRECTION ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF CAMP HILL CEMETERY ASSOCIATION, SEVENTY-ONE (71) FEET TO A POINT; THENCE IN A NORTHERLY DIREcnoN PARALLEL wrm THE WESTERN I= OF NORTH TWENTY- FIRST STREET ONE HUNDRED FORTY-FIVE, (145) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF LoGAN STREG r; THENCE ALONG LOGAN STREET IN AN EASTERLY DIRECTION sEVENTY-oNE (71) Fwr TO A Pony, THE PLACE OF BEGINNING. BEING PART OF LOTS SEVENTY-SEVEN (77), SEVENTY-EIGHT (78), SEVENTY-NINE (79), EIGHTY (80), AND FAG.HTY-ONE (81), AND A PORTION OF LOT SEVENTY-SIX (76), ON TnE PLAN OF LOTS KNOWN AS SECOND PLAN OF HAMILTON PLACE, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 17 PAGE 46. BEING THE SAME PREMISES WHICH'WQLum M. Km mm BY THEM DEED DATED +BRUARY 26,1999 AND RECORDED MARCH 17 1999 BY THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, IN BOOK 194, PAGE 1086, GRANTED AND CONVEYED umro PHILIP A. LOWS, OWNERS HEREIN Vested by: Special. Warranty Deed dated OV261", pvw by William M.: Knap1dc,. widower, to Phillip A. Lowe, a single man morded 0318th" in-Book. 194 Pagc:1086 PREMISES BEING: 2103 LOGAN STREET, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3452 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 PHILIP A. LOWE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $129,860.36 L.L. Interest FROM 9/6/03 TO 6/13/07 (PER DIEM - $(21.35) -- $6,340.95 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $3301.92 Other Costs Plaintiff Paid Date: MARCH 14, 2007 Curtis R. Long, Prothonotary (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff VS. Philip A. Lowe Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 03-3452 Civil Term AUG 18 2006 ORDER AND NOW, thisAIS?daY of 2006, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Respondents shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED; and the Prothonotary is ordered to amend the judgment as follows: Principal Balance $86,749.29 Interest Through 9/6/06 22,265.76 Per Diem $16.63 Late Charges 95.40 Legal fees 5,225.00 Cost of Suit and Title 2,909.50 Sheriffs Sale Costs 5,141.02 Property Inspections 416.50 Appraisal/BPO 0.00 MIP/PMI 1,206.78 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 5.851.11 TOTAL $129,860.36 Plus interest through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COUR A J. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. PHILIP A. LOWE : Defendant(s). . ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3452 CERTIFICATION 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 falsification to authorities. /r1 worn DANIEL G. S/IE ,ESQUIRE Attorney for P mti COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS PHILIP A. LOWE CIVIL DIVISION Defendant(s). NO. 03-3452 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 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 ,2103 LOGAN STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name CAMP HILL BOROUGH Last Known Address (if address cannot be reasonably ascertained, please indicate) 2145 WALNUT STREET CAMP HILL, PA 17011 MOUNTAINEER FEDERAL CREDIT UNION PO BOX 8596 SOUTH CHARLESTON, WV 25303 f 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2103 LOGAN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein aree subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsiqc?tion to authorities January 24, 2007 DATE DANIEL G Attornoiy fq ESQUIRE s•-? r?;r, ? ?. -- :. ---E .. ??? -?' ?,? , ?? ?...- `? , ??? _} e M ..?.- ,.. ? .t-; , Y? . ?,, 9 COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, V. No. 03-3452 PHILIP A. LOWE Defendant(s). January 24, 2007 TO: PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 2103 LOGAN STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on 6/13/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129,860.36 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) I YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the frill 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, PA 17013 (717) 249-3166 (800) 990-9108 ALLTHATC$RTA1rT PIECE AND PARCEL OF LAND STPUA'II; LN TIC BOROUGH OF CAMP HILL, CUMBERLAND COUNT Ys PRNNMYANTA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO Wm. BEGINNING AT A POINT ON THE WESTERLY LINE OF NORTH TWENTY-FIRST STREET AT THE ufmRSECTION OF SAID STREET wrm TILE SOITI'IIERLY LINE OF LOGAN STREET: THENCE IN A SOVTHERLY DmEcTiON ALONG NORTH TwFNTY--FIRST STRm ONE HUNDRED FORTY-FIVE (145) FEY; T, MORE OIL LESS, TO A POINT, SAID POINT BEING AT A DISTANCE OF THIRTY (30) FEET MEASURED IN A NORTHERLY DIRECTION FROM THE NORTHERN PROPERTY LINE OF CAMP HILL CEMETERY ASSOCIATION; TIJENCE IN A WESTERLY DIRECTION ALONG A LINE PARALLEL WrM THE NORTHERLY LINE OF CAMP HILL CEMETERY ASSOCIATION, SEVEN i'Y-ONE (71) FEET TO A POINT, THENCE IN A NORTHERLY DIRECTION PARALLEL wrm THE WEST ERN LINE OF NORTII TWENTY FIRST STREET .ONE HUNDRED FORTY-FIVE (145) FEET, MORE OR LESS, TO A POINT ON THE SOUTIi mN LINE OF LOGAN rr; THENCE ALONG LOGAN STREET IN AN EASTERLY DIILECTTON SEVENTY-ONE (71) FEET TO A POINT, THE PLACE OF BEGINNING. BEING PART OF LOTS SEVENTY-SEVEN (77), sEvENTY FiGuT (78), SEVENTY -Nm (79), EIGIiTX (89), AND EIGHTY-ONE (81), AND A PORTION OF LOT SEVENTY-SIX (76), ON THE PLAN OF LOTS KNOWN AS SECOND PLAN OF HAMILTON PLACE, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUNImERLAND COUNTY Pi I PLAN BOOB 1, PAGE 46. BEING THE SAME PREMISES vt mcH Vfamm M. KNAPICK BY THm DEED DATED nBRIIARY 2G,1999 AND RECORDED MARCH 1, 1999 BY Tm RECORDER OF HEEDS IN AND FOR CUMBERLAND COUNTY, IN BOOK 194, PAGE 1086, GRANTED AND CONVEYED UNTO PHILIP A. LOWEy OWNERS HEREIN Vested by: peeW Warripty Deed dated MAI" , gives by Wifflim M. Kna?ptk, * idower, to Phillip A; Lorne, a single man recorded 03/01/'94 in Boole 194 Page: 1096 PREMISES BEING: 2103 LOGAN STREET, CAMP HILL, PA 17011 eft ? _ { _ - ? 2 AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) PHILIP A. LOWE SERVE PHILIP A. LOWE AT 2103 LOGAN STREET CAMP HILL, PA 17011 PAW CUMBERLAND COUNTY No. 03-3452 Our File. #50259 Type of Action - Notice of Sheriff's Sale Sale Date: 6/13/07 SERVED Served and made known to Pk k P 4. Lo w c Defendant, on the day of ?f b?k4?y , 2001 at , o'cloc f in., at I o3 Lo,jQA $4. , Commonwealth of Pennsylvania, in the manner described below: efendant personally served. D IL/ family member with whom Defendant(s) reside(s). Name and Relationship is 1nJ l t e Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Agee KO-S'0 Height` Weight 14S- Race t,-J Sex F Other I, b G.u, d 90 y e--+ S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. kST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at Moved Unknown No Answer Vt Attempt: / / Time: o'clock _.m., Defendant NOT FOUND because: Vacant 2°d Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of .200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 "i i NIUA E. HARRIS C'mission Expires June 16, 2008 N c? -77 _TJ J 71- =y rn > c-n SALE DATE: 7/11/07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. No.: 03-3452 VS. PHILIP A. LOWE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 2103 LOGAN STREET. CAMP HILL, PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ES E Attorney for Plaintiff June 1, 2007 £ 0 6 & 4 3003 d1Z vjo w p3?,vv4 w Nnr 0 408 LZt'4 W0Z0 LOOZ ? o s 090, 1.0 S _ . ?'f .?., S3M?B A3lfLd ? ? A Q a _ 1 7 ?I c- i?lJ M N U 0 '? y ? tad ti OR 'Z'. H K C .? '? cad O g o o o0 x ? V Y _ N • c ? d l? o ? b ?- R aj d a? rn ? '? ti"• y co `aka' ffi 3 o c s i R o Co C3 z V W, ar ? ? u+ T p. U ag ?? w 9 St 666yy ? `?? t" ? u O A a0 o .? A ..a u? O m S? Q a. Gw N N? p p ??O, b0 ? G ai N ffi d w u W a ? ? T O 7 o?,k m 0 O w ? N G O O j? 'tab O ?^ - N ?N d N o +? rn o O ) 0 th r °% d N Z N 0 0 0) ,? N s. 3oa L d CI - V U, . O no G 0 a A p H ? aW O? O sy u O aO a o 0 d ., I '^ Q M d y w 9 v O ? 7 Z u u I Fes" p` LOO dz a4a??Zeao V wl, as , t c ,t .f it. 25, • . 25, QAh a. 8 7 ;7 c cJ' ? c? n moo ? o ? o .. ? c oC ?ii .? W 00 0 0xa 3 w Q d .may. r . N U V N V ?6C O H a. 4 ss+ b M ? L all y .. N all a ?C O d Z5 VS. $ CO, n$ a H? o? H? 'COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. . PHILIP A. LOWE . Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3452 Amended AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 ,2103 LOGAN STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name CAMP HILL BOROUGH Last Known Address (if address cannot be reasonably ascertained, please indicate) 2145 WALNUT STREET CAMP HILL, PA 17011 MOUNTAINEER FEDERAL CREDIT UNION PO BOX 8596 SOUTH CHARLESTON, WV 25303 • v ' 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Internal Revenue Service Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 2103 LOGAN STREET CAMP HILL, PA 17011 13 Korth Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 Inheritance Tax Division 6th Floor, Strawberry Square Dept. #280601 Harrisburg, PA 17128 Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal subject to the knowledge or information and belief. I understand that false statements 4ESQUI penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn lsification to autJune 1, 2007 DATE DANIEL G. SCHMIEG, ' Attorney for Plainti ff M ?+? f 1 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff vs. Philip A. Lowe Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County No. 03-3452 Civil Term PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 21, 2003, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on September 5, 2003 in the amount of $92,917.57. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 2103 Logan Street, Camp Hill, PA 17011 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 13 Bankruptcy at docket number 03-07243 on December 9, 2003. The Bankruptcy was dismissed by order of court dated June 18, 2004. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". b) The Defendant filed a Chapter 13 Bankruptcy at docket number 04-04382 on July 19, 2004. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated March 17, 2005. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "D". C) The Defendant filed a Chapter 13 Bankruptcy at docket number 05-05920 on September 6, 2005. The Bankruptcy was dismissed by order of court dated February 28, 2006. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "E". d) The Defendant filed a Chapter 13 Bankruptcy at docket number 06-01912 on September 5, 2006. The Bankruptcy was dismissed by order of court dated October 25, 2006. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "F" 5. The Property is listed for Sheriff s Sale on October 3, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $86,749.29 Interest Through 10/03/07 28,844.28 Per Diem $16.63 Late Charges 95.40 Legal fees 5,325.00 Cost of Suit and Title 3,433.50 Sheriffs Sale Costs 4,163.67 Property Inspections 463.50 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private 1,639.76 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits (255.45) Escrow Deficit 8,475.48 TOTAL $138,934.43 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on August 17, 2007 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "G". 11. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that Judge Ebert entered an order to amend the judgment date August 21, 2006. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: Ok MHallinan g, LLP Y? Michele M. Bradfo d, quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas Plaintiff : Civil Division VS. Philip A. Lowe : Cumberland County : No. 03-3452 Civil Term Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 2103 Logan Street, Camp Hill, PA 17011. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa. Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: A a ?I 6 Phelan Hallman & Schmieg, P B Michel M. Bra for , Os?uire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 v. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 03 - 241,40, PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 Defendant(s) CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE C'? c O c c?.a K f _ MFi :- -;T 1 ? "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. -- You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Np pCUMBERLAND COUNTY GDERMAN A Y -' CUMBERLAND COUNTY BAR ASSOCIATION ';'jomEY F1L.E 2 LIBERTY AVENUE CARLISLE, PA 17013 ,vd tlettiuy ,,G: «ty the (717) 249-3166 within to be a true and correct copy of the origiftalfled of record pNIAID - FEDERMAN AND PRIAN `- 1 e 50259 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File #: 50259 L Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/2611999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1522, Page 1095. 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 03/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #= 50259 6. The following amounts are due on the mortgage: Principal Balance $86,749.29 Interest 2,834.16 02/01/2003 through 07/18/2003 (Per Diem $16.87) Attorney's Fees 1,250.00 Cumulative Late Charges 159.00 0212611999 to 07/18/2003 Cost of Suit and Title Search 550.00 Subtotal $ 91,542.45 Escrow Credit 0.00 Deficit 599.10 Subtotal $ 599.10 TOTAL $ 92,141.55 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured- WHEREFORE, PLAR4TIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 92,141.55, together with interest from 07/18/2003 at the rate of $16.87 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. FEDERMAN AND PHE ' By. alhnan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #_ 50259 iCgi= ' 7?i p eco ans? lsa?rcclel of l ucka, situate In tboi Harosgh of ESwE+ Si73, ; Gautxcriaad Ccatsisty? t+etotiiyl0yiaia soon e partio?l.[arly 3ibtaltided. a?ad d@acriised: se fo11o+?: to srrl,t: A?3IpF3fIG at a poiaat . on tbue ?eiasJFas?rlyr :liaa of 8ortis . Tsiei?ti?i?fixst ??trea* at =the . i.s}t?rsS:ct?.o?i of .sasid Street with tht _ sotttharlg lists of Logan iStrseot thosae is a isduothft OvIr direction j aloa9 ,forth Twent-r -first strut on* itundred t`orty-rLvc (14S) feet, woozy ar fens, to a pefiut, sai d ?ioolut being at a dis tasaae of thtrt? (30) feet aRm"%krad is a? aaor?ar3p di -0ctfou trams the northern Property Baas o! Ca.gp gill c?e?retsug Asa?seiatioa? thsnat is a i+esterlp 83rsetios alatag a line par?s11eZ with the nartherlt line of CaaP Sill Cctetesq ;?saociatiaas, -"V*4t=-oa4ft (71) feet to k Poiat; theasce in a aa?rthsrly 4dix1avt3oa parallel w"h the westerio liaa of Month 3W?eaty_first Street one Luadred forty-five (145) tent, more or less, to a. point on the southern 21ne of Irogass streat; thenca along Logan Street ins an easaterly_ direction Seventy-one (71) t°Bet t Co a point, the place of 1 $?1 ?if[ZEs3 -. .. ?.r ..? PROPERTY ADDRESS.: 2103, LOGAN--STREET. VERIFICATION MICHAEL D. VESTAL hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: Exhibit "B" FEDERMAN AND PHELAN. LLP By: FRANK FEDERMAN 1z identification No_ 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STA TION 1617 JOHN F. KENNEDY BLVD., SUITE 14 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE ROME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 00 Plaintiff, V. PHILIP A. LOWE PI. EASE RE TURN FE'-E :,4ar1,* ?i .a 13 J IiEI.AN ATTORNEY FILE COPY CUMBERLAND COUNT TY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3452 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: n C z z C'9 t? STS v (p _J M 35 Kindly enter judgment in favor of the Plaintiff and against PHILIP A. LOWE,_ 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 7/19/03 to 9/2/03 TOTAL $9,141.55 $776.02 $92,917.57 I hereby certify that (1) 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE . j DATE: 9- v3 PRO PROTHY Exhim0t UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Philip A Lowe CASE NO.: 1-03-07243 CHAPTER 13 Debtor(s) ORDER DISMISSING CASE NOW, this 18th day of June, 2004, Upon consideration of Trustee's Motion to Dismiss (and hearing if appropriate), and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. BY THE COURT: Date: June 18, 2004 71 Lx/eol bdc_m__ B rup Judge (jDK) This electronic order is signed and filed on the same date. Exhibit "D" UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Philip A. Lowe BK NO: 104-04382 MDF Countrywide Home Loans, Inc. Philip A. Lowe Debtor Movant Respondents CHAPTER 13 V. ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon consideration of Motion of Countrywide Home Loans, Inc. (Movant), and the filing of a Certification of Default, it is ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by i 1 U.S.C. 362 is modified with respect to premises, 2103 Logan Street, Camp Hill, PA 17011, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and Countrywide Home Loans, Inc. may immediately enforce and implement this order granting Relief from the Automatic Stay. BY THE COURT, Bar Juge c 7 Date: March 17, 2005 This electronic order is signed and filed on the same date. Exhibit "E" UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Philip A Lowe Chapter 13 Case No.: 1-05-bk-05920 Debtor(s) ORDER DISMISSING CASE At Harrisburg, in said district, upon consideration of the Trustee's Motion to dismiss case for material default and it having been determined after notice and hearing and Debtor's failure to appear at said hearing that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. B,y the Comet, Jndfe t This electronic order is signed and filed on the same date. Dated: February 28, 2006 Exhibit "F" 521i UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA Case No. 1:06-bk-01912-MDF Chapter 13 In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): Philip A Lowe ORDER DISMISSING CASE UNDER 11 U.S.C. §521(i)(1) It appearing the above-named debtor(s) has/have failed to file documents required pursuant to the Bankruptcy Act of 2005, it is hereby, ORDERED that the case of the above-named debtor(s) be and is hereby dismissed. The trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending actions in this case are hereby dismissed. Dated: 10/25/06 BY THE COURT United States Bankruptcy Judge This document is electronically signed and filed on the same date. Exhibit "G" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey August 17, 2007 Philip A. Lowe P.O. Box 431 Enola, PA 17025 RE: Countrywide Home Loans, Inc. vs. Philip A. Lowe Premises Address: 2103 Logan Street, Camp Hill, PA 17011 Cumberland County CCP, No. 03-3452 Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Wednesday, August 22, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V y Srad, M he equire For Phelan Hallinan & Schmieg, LLP Enclosure R u . G'R T p o U TQ ?? u o u u V U to . ;y it " s . e o 3000 4Az waazi 03 tv ?s a cos 4zt?ooo ? n'4 z a ? o 0 0 S w? zo cooz0i?0 o dG ? ? s t v° ac z3nn - kaNUaAmm w ? , "? d hq N N N o ?a 011 N g y H u O ? ? 0 3 k uw .o?y9o . 6? d po A 0. ? ? p ba G p w ?n U ?y R GGG M $? L r? G d O Y? Q O U ? a a> a A Y N r W Q p ,-i CA is x O O U `r o", O o 0 w 00 N ? M Vi N ? nt C> ? p a , ?m Z, N G Z ` af/ N ° u a °. a ". ° ?. o0 d ?- .D VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: 1? a 31 P ela lli S Y: ichel M. Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas Plaintiff : Civil Division VS. Philip A. Lowe Cumberland County : No. 03-3452 Civil Term Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. Philip A. Lowe 2103 Logan Street Camp Hill, PA 17011 Philip A. Lowe P.O. Box 1121 Camp Hill, PA 17025 Philip A. Lowe P.O. Box 431 Enola, PA 17025 DATE: ?l,??) I P By: Michele' M. Bra for Attorney for Plaintiff ?-? C? ? `? ° --cti s: ? _?., ?? ?, . 1. `??" ??.a -? _s ?, ;i ra ?`? ? ,. ,? COUNTRYWIDE HOME IN THE COURT OF COMMON PLEAS OF LOANS, INC. CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. PHILIP A. LOWE, DEFENDANT NO. 03-3452 CIVIL ORDER OF COURT AND NOW, this 28th day of August, 2007, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before September 17, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. M. L. Ebert, Jr., , yN'>;hele M. Bradford, Esquire (/Attomey for Plaintiff hiiip A. Lowe Defendant bas V By the Court, 'woo 1 X1.6 WV R gnv Looz AbYiO'Nvi A iW4d 3Hl JO PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas Plaintiff : Civil Division VS. Philip A. Lowe Defendant : Cumberland County : No. 03-3452 Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of September 17, 2007 was sent to the following individual on the date indicated below. Philip A. Lowe 2103 Logan Street Camp Hill, PA 17011 Philip A. Lowe P.O. Box 1121 Camp Hill, PA 17025 DATE: R Philip A. Lowe P.O. Box 431 Enola, PA 17025 H llman & Sc ieg, LLP By: n 1?f Michele M. Aradforl, Esquire Attorney for Plaintiff C'? ?v `"CI t"TryzTi CTI r7E w. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff VS. Philip A. Lowe Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County No. 03-3452 Civil Term MOTION TO MAKE RULE ABSOLUTE Countrywide Home Loans, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on August 27, 2007. 3. A Rule was entered by the Court on or about August 28, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on September 4, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of September 17, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. a q, Date PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradf rd, squire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff VS. Philip A. Lowe Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 03-3452 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on August 27, 2007. A Rule was entered by the Court on or about August 28, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on September 4, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of September 17, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. (TE N LL IN CHMIEG, LLP Date le M. rad ord, squire Attorney for the Plaintiff Exhibit "A" COUNTRYWIDE HOME LOANS, INC. PLAINTIFF- V. PHILIP A. LOWE, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3452 CIVIL ORDER OF COURT AND NOW, this 2e day of August, 2007, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY 0fft7ERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before September 17, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this CourL M. L. Ebert, Jr., Michele M. Bradford, Esquire Attorney for Pl iin iff Philip A. Lowe Defendant bas By the Court, Exhibit "B" cr) Vd PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 {G? 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 Countrywide Home Loans, Inc. VIC Court of Common Pleas Plaintiff : Civil Division VS. Cumberland County 1? Philip A. Lowe ) : No. 03-3452 Civil Term Defendant CERTIFIC SERVICE I hereby certify that a true and cwy of our Motion to Reassess Damages noting a Rule Return date of September 17, 2007 was sent to the following individual on the date indicated below. Philip A. Lowe Philip A. Lowe 2103 Logan Street P.O. Box 1121 Camp Hill, PA 17011 Camp Hill, PA 17025 DATE: qjq16+ *4? Philip A. Lowe P.O. Box 431 Enola, PA 17025 &S Michele M. Bradford, Attorney for Plaintiff LLP VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsifica4n of authorities. q / I g-/ U-4 Date Michele M. Bradford. Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff VS. Philip A. Lowe Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 03-3452 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Philip A. Lowe P.O. Box 431 Enola, PA 17025 DATE: All?lb--? Philip A. Lowe 2103 Logan Street Camp Hill, PA 17011 Philip A. Lowe P.O. Box 1121 Camp Hill, PA 17025 Ph5jap' Hallinan & Schmieg, LLP y: Michele M. Bradf r , squire Attorney for Plaintiff :: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Countrywide Home Loans Inc is the grantee the same having been sold to said grantee on the 3rd day of Oct A.D., 2007, under and by virtue of a writ Execution issued on the 14th day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3452, at the suit of Countrywide Home Loans Inc against Philip A Lowe is duly recorded as Instrument Number 200739580. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this I ? day of CyC , A.D. D-0 c of Deeds %COR a of Duds, CumbeduW County, Coft, PA My Commission EVims the FrM Monday of Jm. 2010 . ) I Countrywide Home Loans, Inc. VS Philip A. Lowe In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3452 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 20, 2007 at 2032 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Philip A. Lowe, by making known unto Philip A. Lowe, personally, at 2103 Logan Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 0903 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Philip A. Lowe, located at 2103 Logan Street, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Philip A. Lowe, by regular mail to his last known address of 2103 Logan Street, Camp Hill, PA 17 011. This letter was mailed under the date of April 5, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 3, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Countrywide Home Loans, Inc. It being the highest bid and best price received for the same, Countrywide Home Loans, Inc., of 7105 Corporate Drive, Plano, TX 75024, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1139.80. Sheriffs Costs: Docketing $30.00 Poundage 22.35 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 1.00 Mileage 28.80 Levy 15.00 Surcharge 20.00 Post Pone Sale 40.00 Law Journal 389.00 Patriot News 423.98 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 40.50 $ 1139.80 ? 4- 1O?' ?v? So Answers: ?.? joe?, R. Thomas Kline, Sheriff BY Real Est e Sergeant 00 ? o 1720 3S COUNTRYWIDE HOME LOANS, INC. ` CUMBERLAND COUNTY Plaintiff, . V. COURT OF COMMON PLEAS PHILIP A. LOWE CIVIL DIVISION Defendant(s). NO. 03-3452 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 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,2103 LOGAN STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name CAMP HILL BOROUGH Last Known Address (if address cannot be reasonably ascertained, please indicate) 2145 WALNUT STREET CAMP HILL, PA 17011 MOUNTAINEER FEDERAL CREDIT UNION PO BOX 8596 SOUTH CHARLESTON, WV 25303 10 . ., 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2103 LOGAN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are ? subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsifj cation to authorities, January 24, 2007 DATE G.ISCHMIT, ESQUIRE i! COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, V. No. 03-3452 PHILIP A. LOWE Defendant(s). January 24, 2007 TO: PHILIP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATlEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 2103 LOGAN STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on 6/13/07 at 10:00 a.m. in the Cumberland, County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129,860.36 obtained by COUNTRYWIDE HOME LOANS.,-INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 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.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 I_ . ALLTHATCERTAINP=BANDPARCELoFIAND srruATBINTHE BOROUGH OF CAMP HII.iy CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTTCUTARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY v NE OF NORTH T Emy FIRST STREET AT THE IImTBRSECTTON OF SAID STREET WITS THE sour ERLY LINE OF LOGAN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG NORTH TWENTY-FIRST STREET ONE HUNDRED FORTY-FIVE (145) FEET, MORE OR LESS, TO A POINT, SAID POINT BEING AT A DISTANCE OF THIRTY (30) FEET MEASURED IN A NORTHERLY DIRECTION FROM THE NORTHERN PROPERTY UNE OF CAMP HILL CENwmRY AsSOCIAT om, THENCE IN A WESTERLY DIRECTION ALONG A LINE PARR LE • WITH THE NORTHERLY IX49 OF CAMP HEm CEMETERY ASSOCIATION, SEVF•N!Y-ONE (71) FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION PARAT,TIZI, WITH THE WESTERN I= OF NORTH TWENTY- FIRST STREET ONE HUNDRED FORTY-FIVE (145) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF LOGAN STREET; THENCE ALONG LOGAN STREET IN AN EASTERLY DIRECTION SEVENTY-ONE (71) FEET TO A POINT, THE PLACE OF BEGINNING. BEING PART OF LOTS SEVENTY-SEVEN (77), SEVENTY-EIGHT (78), SEVENTY-NINE (79), EIGHTY (80), AND EIGHTY-ONE (81), AND A PORTION OF LOT SEVENTY-SIX (76), ON THE PLAN OF LOTS KNOWN AS SECOND PLAN OF HAIVTn TON PLACE, SAID PLAN BEING RECORDED IN THE, OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 46. BEING THE SAME PREMISES WHICH WIUdAM M. KNAPICK BY THEIR DEED DATED FEBRUARY 26,1999 AND RECORDED MARCH 1,1999 BY THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, IN BOOK 194, PAGE 1086, GRAND Arm CONVEYED UNTO PIIILLIP A. LOWS, OWNERS HEWN Vested by: Special. Warranty Deed dated 021261" , givxa by wmfam M. KciapRk, widower, to Ph ip A. Lowe, a single man recorded $3/Qtj" in Kook 194 Page. 1096 PREMISES BEING: 2103 LOGAN STREET, CAMP HILL, PA 17011 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3452 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From PHILIP A. LOWE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $129,860.36 L.L. Interest FROM 9/6/03 TO 6/13/07 (PER DIEM - $(21.35) -- $6,340.95 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $3301.92 Other Costs Plaintiff Paid Date: MARCH 14, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE L.-L- ;k, - Curtis R. Long, Prothonotary- Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 100 On March 19, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 2103 Logan Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 19, 2007 B?6 Real Est e Sergeant 19 = I c? I U;`,,11 LUI Z r ? \1 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. 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#100 Sworn to and subscribed before me this 18th day of May 2007 A.D. IA (`,OMMONWEALTH OF PENNSYINA /l? Notarial Seal Terry L Russell, Notary Public City of Harrisburg, Dauphin Courdy My C9mmission EAires June 6, 2010 Unmhnr/bonncvivarfia.Association of Notarles ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 JAL (IF L 5 W", TME :- T-Tim, 06?# 1 4 A-W o NY 'CO FOR 194, 99, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. 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 20, 27, May 4, 2007 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. ;1, 2J -e-- i arie Coyne, Mitor SWORN TO AND SUBSCRIBED before me this _4day of May, 2007 SLAL ;,+:.,:ary Public _i Couriy RVAL H*TATX 5MX NO, 100 Writ No. 2003-3452 Civil Countrywide Home Loans, Inc. vs. Philip A. Lowe Atty.: Daniel Schmieg ALL THAT CERTAIN piece and parcel of land situate in the Bor- ough of Camp Hill, Cumberland County, Pennsylvania, more par- ticularly bounded and deserg3ed as follows, to wit: BEGINNING at a point on the westerly line of North Twenty-first Street at the intersection of said Street with the southerly line of Lo- gan Street; thence in a southerly direction along North Twenty-first Street one hundred forty-five (145) feet, more or less, to a point, said point being at a distance of thirty (30) feet measured in a northerly direction from the northern prop- erty line of Camp Hill Cemetery As- sociation; thence in a westerly di- rection along a line parallel with the northerly line of Camp Hill Cemetery Association, seventy-one (71) feet to a point; thence in a northerly direc- tion parallel with the western line of North Twenty-first Street one hundred forty-five (145) feet, more or less, to a point on the southern line of Logan Street; thence along Logan Street in an easterly direc- tion seventy-one (71) feet to a point, the place of BEGINNING. BEING part of lots seventy-seven (77), seventy-eight (78), seventy-nine (79), eighty (80), and eighty-one (81), and a portion of lot seventy-six (76), on the Plan of Lots known as Sec- ond Plan of Hamilton Place, said Plan being recorded in the Office of the Recorder of Deeds for Cumber- land County in Plan Book 1, Page 46. BEING THE SAME PREMISES which William M. Knapick by their deed dated February 26, 1999 and recorded March 1, 1999 by the Recorder of Deeds in and for Cumberland County, in Book 194, Page 1086, granted and conveyed unto Philip A. Lowe, Owners herein. Vested by: Special Warranty Deed dated 02/26/99, given by William M. Knapik, widower, to Phillip A. Lowe, a single man re- corded 03/01/99 in Book 194 Page 1086. PREMISES BEING: 2103 LOGAN STREET, CAMP HILL, PA 17011.