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HomeMy WebLinkAbout01-6190FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024-3632 Plaintiff KELLEY S. BETTON 70 WEST BIG SPRING AVENUE A/K~A 70 SOUTH WEST SPRING AVENUE NEWVILLE, PA. 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:4130533 IF THIS IS TIlE 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. Plaintiffis COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024-3632 The name(s) and last known address(es) of the Defendant(s) are: KELLEY S. BETTON 70 WEST BIG SPRING AVENUE AIK/A 70 SOUTH WEST SPRING AVENUE NEWVILLE, PA. 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/22/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PUBLIC SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 151 I, Page 759. By Assignment of Mortgage recorded 5/10/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 612, Page 389. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 6/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 5/1/01 through 10/1/01 (Per Diem $13.67) Attorney's Fees Cumulative Late Charges 12/22/98 to 10/1/01 Cost of Suit and Title Search Subtotal $70,300.35 2,105.18 1,000.00 96.44 550.00 $74,051.97 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $74,051.97 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 $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $74,051.97, together with interest from 10/1/01 at the rate of $13.67 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff , Countrywide HOME LOANS July 31,2001 Kelley S Betton 70 w Big Spring Ave Newville, PA 17241-0000 Certified Mail NO. Return Receipt Requested Regular Mail Account NO.: 4130533 Property Address: 70 W Big Spring Ave Newville, PA 17241-0000 Current Servicer: Countp/wide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteeoe on your home Is In ~efault. end the lender Intertcle to forecl~. ?- S~ecific information a~out tho nature of the default le orovlded in the affachod Oan-e The HOMEOWNER'S EMERGENCy MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able to held to save your home. This Notice exoieln8 how the oroaran1 works. TO see if HEMAP can helD. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselinq Aqency. The names, addresses and phone numbers of Consumer Crecl~ Counsellne Agencies servino your County arP listed at the end of this Notice. If you hove any Questions. you may call the Pennsvl~nia Houslnq Finane~ A~ency t_oll-free st 1-800-342-2397. (Persons with impaired hearine can call 1-717-780-18~,} This Notice contains Important legal Information. B you have any questions, representati~s at the Consumer Credit Counseling Agency may be able to help answer them. You may also want to contact an attorney in your area. The local bar association may be able to help you tinct a lawyer. LA NOTIFICACI(~N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INME,DIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PR~STAMO PeR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECL0~U_RF AND HELP YOU MAKE FUTURE MORTGA(~E PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. K alley S Bellon P.O Box 660694 Dallas, TX 75266-0694 I1.,I,1,1.,I.1,11,,,11,,11,.,11.1,1,,,I.I1,1.,I.1.1,11 413053350001012940101794 BREACHPA 6/26/2000 $1,012.94 AS OF September 4, 2001 EXHIBIT A TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporaP/stay of foreclosure on your mortgage for thiify-five (35) days from the date of this Notice, During that time you must arrange and attend a "lace-lo face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT ($5) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGF _A~IST~ANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TQ DATF CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty-five (35) days after the date of this meeting. The names, addresses and telephone numbers of desionated consu_mer~credit counseitno a_g~n_ci_es_ for the countv in which the DrOOedv is located are set fodh at the end of thi~ Nqtin~ It is only necessary to schedule one face- to-face meeting. Advise your lender immediateiv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons sel forth later in this Notice (see following pages for specific information about the nature of your dofauit ) If you have tried and are unable to resolve this problem with the lender, you have the righl to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. TO do so, you must flit out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-five (35) days of your lace-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEI'rBR, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application, During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above~ You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN AT~'EM PT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply fo~' Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT - Countrywide Hoote Loans ServlcinQ LP. (hereit3after ~Countrvwide") services your home [oan. Your borne loan is in serious default because you have not made your required payments. The total amount now required to relnstale your home loan as of the date of this lefter is as follows: .__Mgnthly Payments: $482.35 $96470 Lathe Charoes: $24.12 $48,24 Ot__h.e_r Charges: Unco~ected Late Charges: Uncollected Costs: TOTAL DUE: $1,012.94 PAYMENT INSTRUCTIONS Rlease EXHIBIT A HOW TO CURE THE DEFAULT - You may cure ibis default within THIRTY-FIVE (35) DAYS of the date of this leher, by paying to us the above amount of $1,012.94, plus any additiOnal monthly payments, late charges, fees and other applicable charges which may fall due during this period. Such payment must be in the form of certified check, cashier's check or money order, and made payable to Counttywibe at PO. Box 660694, Dallas, TX 75266-0694. If your check or other payment is returned to us for insufficient funds or for any other reason, you will not have cured your default NO extension of time to cure will be granted due to a returned payment. If you do not cure this default within THIRTY-FIVE (35} DAYS, we will accelerate the payments due on your home loan. Th~s means whatever is owing on the original amount borrowed witl he considered due immediately and you may lose the chance to pay off your home loan in monthly instatlments. If the full payment of the amount in default is not made within THIRTY-FIVE (35) DAYS, we also intend to immediately start a lawsuit to foreclose on your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - If the mortgage is foreclosed, the mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the delault is cured before we begin legal proceedings, Countrywide wilt be entitled to collect the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started, Countrywide will be entitled to cctlect the reasonable attorney's fees even if they are over $50.00 Any attorney's lees will be added to the secured debt, which may also include our reasonable costs< If you cure the datault within the THIRTY*FIVE (35) DAY period, you will not be required to pay attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND RiGI-rr TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON- EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mohgage. RIGHT TO CURE THE DEFAULT PRIOR TO FORECLOSI.IRE SAI IF - It you have not cured the default within the THIRTY-FIVE (35) DAY period and foreclosure proceedings have begun, you still have the righl to cure the default and prevent the sale at any time up to one hour before the foreclosure sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonablo attorney's fees and costs connected with the foreclosure sate and any other costs connected with the foreclosure sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default Ir~ tfte manner set forth in this notice will restore your mortgage to the same position as g you had never defaulted. EARLIEST POSSIBLE FORECLOSURE SALE DATE - It is estimated that the earliest date that a foreclosure sale could be held would be approximately six (6) months from the date of this letter. A notice of the date of the foreclosure sale will be sent to you before the sale You may find out at any time exactly what the required payment will be by catting us at the following number: 1-B00-669-6654. This payment must be in the form of a cashier's check, certified check or money order and made payable to us at the address stated above, it the default is cured, the morigage will be restored to the same position as if no default had occurred. However, the default may not be cured more than three (3) times in any calondar year, HOW TO CONTACT THE LENDER: Name of Lencl~r: Countrywide Home Loans Servicing LP Address: P.O. Box 10221 Van Nuys, CA 91410-0221 Phone Number: 1-800-660-6654 Fax Number: 1.805-577-3432 Contact Person: Melanle Carrlllo, MS SV-34 Attention: Loan Counselor EFFECT OF FORECLOSURE ~ALE - You should realize that a foreclosure sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's said, a lawsuit to remove you and your furnishings and other belongings could be started by Com~'ywJde at any time, ASSUMPTION OF MORTGAGE - Contact Countrywide Home Loans for Ioformatlon on the possible assumability of your loan YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPEF~rY TO OBTAIN MONEY TO PAY OFF THE MOF~rGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INST~TUTION TO PAY OFF THIS DEBT, TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THiS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Pursuant to your home loan documents, and because the home loan is in default, Countpjwide may, at its option, enter upon and conduct an inspection of the properly. The purpose of this inspection is to observe the physical condition of the property, to verify that the property is occupied and/or to deten"nine the identity of the OCCupant. The cost of any such inspection wilt be added to and become part of the secured debt as provided uncial the terms of the home loan If you are unable to cure your default on or before September 4, 2001, Countrywide wants you to be aware of various options that may be available to you through Count~r~vide to prevent a foreclosure sale of your properly. For example: Repavmeot Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide Our basic plan requires that Countrywide receive, up front, at least Y~ of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regutar monthly payment, over a defined periocl of time. Other repayment plans also are available. LOan Modifications: Alternalively. it is possible that lhe regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance This foreclosure alternative, however, is limited to certain loan types. _Sale of Yqu~r_Propedy: Alternatively, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through Countrywide even if your home is worth less lhan what is owed on it. Deed-in-Lieu: Alternalively, if your property is free from other liens or encumbrances, and if lhe default is due to a serious financial hardship which is beyond your control, you may be eligible lo deed your propedy directly to the Noteholder and avoid lhe foreclosure sale. If you are interested in discussing foreclosure alternatives with Count~Nide, you musl contact us immediately. It you request assislance, Countrywide will determine, in its sole discretloo, whether such assistance will be extended to you In the meantime, Countrywide will pursue all of its rights and remedies under the home loan documer~ts and as permitted by law, unless It agrees otherwise in writing. Please be advised that failure to bring the home loan current or to enter into a written agreement as outlined above will result in the acceleration of the debt. Time is of the essence. Should you have any questions concerning this notice, please contact Count~vide's office immediately at 1-800-669-6654, extension 7556. Melanie Carrilto Loan Counselor 1-B00-659-6854, exlension 7556 Please be advised that this communication is from a debt collector. ×HIBIT A PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REv. 8/oo) Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street PO. Box 1328 Williams~ort, PA 17703 (570) 326.0587 FAX (570) 322-2197 CCCS of No~.heastem PA 201 B~in Street Williamsport, PA 17703 (570) 323-6627 FAX (570) 323-6626 CLINTON COUNTY COLUMBIA COL%TY CRAWFORD COL'NTY CUMBERLA~D COL~TY 31 W. Market Street POB 1127 Wilkes-Barca, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opporamity of Luzcrne County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665---(Call Before Faxing) (570) 4554994 Hazeltown FAX (570) 455-563 l-~(Call Before Fa~xing) (570) 836-4090 Tunkharmock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F Kennedy Center, Inc. 2021 Earn 20~' Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League ofMe~opolitanHamsburg N. 6m Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Aation Commofthe Capital Region 1514 Deny. Street Harrisburg, PA 17104 (717) 232-9757 FAX(717)234-2227 CCCS of Northcaatem PA 1631 South Atherton St., Suite 100 Sta~ College, PA 16801 (814) 238-3668 FAX {814) 238-3669 1400 Abington Executive Park Suit~ 1 Clatk$ Summit, PA 18411 (570) 587-9163 or (800) 922-9537 F,-MX (570) 587-9134.9135 Greater Erie Communit3 Action Committee 18 West 9m Sm:ct Erie, PA 16501 (814) 459.~581 FAX (814) 456.0161 Shcnangu Valley Urban League, [nc. 601 indiana Avenue Farrcll, PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West 3~ Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 e (717) 243-3818 FAX/717) 731-9589 Adams County Housing Authority 139-143 Carlisle SL Gettysburg, PA 17325 (717) 334-1518 F&X 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, J~'NE 5, 1999 EXHIBIT A particularly bounded and described as folkow$: Avenue) 40 fee~ 3 inches to corner of Lo~ ~o. lC, now or formerly of BEING improved wi[h a Z story brick dwe!~isg hou$~ known a~ No, ?0 South Bi~ Sp~in$.~venue. A/K/A 70 ~ST BI~ $1~II~"A~-~ BEING ~he same real estate which Dorothy E, Weliick, widow, by deed dated November l, 1963, ~nd recorded in Cumberland Cou~gy Deed ~ook Margare~ ]|eberli~, his w~fe and John F. Neberli~ and Alic~ Meborlig, his wife. Mark H. Heberlig died on :he Z3rd day of Nay, 1977, thereby vest£ng his undivided interesg in his su~vivlng spouse. Margara~ Heb~rlig died M~rch 31, 1988, h~vinS f{r~c made her Laa~ Will John F. Heberlig, who, wi~h his spousm, Alice Faye Neberlig, are VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosur~ are tree 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. SHERIFF'S RETURN - CASE NO: 2001-06190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS BETTON KELLEY S REGULAR DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BETTON KELLEY S the DEFENDANT , at 1921:00 HOURS, at 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 KEI,I,EY S BETTON a true and attested copy of on the 1st day of November , 2001 by handing to COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.80 Affidavit .00 Surcharge 10.00 .00 35.80 Sworn and Subscribed to before me this ~ day of A.D. /' ;Prothonotary So Answers: R. Thomas Kline 11/02/2001 FEDERMAN & PHELAN By: ~Ou6~q Deputy Sheriff FEDERMAN AND PHELAN 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 75024-3632 Plaintiff, KELLEY S. BETTON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-6190 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KELLEY S. BETTON and, Defendant(s) for failure to file an Answer to PlaintilTs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess PlaintilTs damages as follows: As set forth in Complaint Interest from 10/01/01 to 12/10/01 TOTAL $74,051.97 $970.57 $75,022.54 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERM.~N, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS iNDICATED. PRO PROTHY (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE Plaintiff, KELLEY S. BETTON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190 Notice is given that a Judgment in the above-captioned matter has been entered against you on 2oo . If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire 'Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, Plaintiff KELLEY S. BETTON INC. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-06190 CIVIL Defendant (s) TO: DATE KELLEY S. BETTON 70 WEST BIG SPRING AVENUE, A/K/A 70 SOUTHWEST SPRING AVENI3E NEWVILLE,PA 17241 OF NOTICE: NO%"EMBER 27, 2001 ~/~ ~/~ THIS IS A DEET COLLECTOR ATTEMPTfNC&' LLECT A DEET. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CLVMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN · By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE Plaintiff, KELLEY S. BETTON Defendant(s)· ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KELLEY S. BETTON is over 18 years of age and resides at, 70 WESTBIG SPRING AVE. A/K/A 70 SOUTH WEST SPTING AVE., NEWVILLE, PA 17241. (c) that defendant is over 18 years of age, and resides at ,,. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYV~IDE HOME LOANS, INC. : Plaintiff, : : No. 01-6190 KELLEY S. BETTON : Defendant(s). : TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest fi.om 12/10/01 to 3/6/02 (per diem - 12.52) TOTAL $75,022.54 v/ $1,175.62 and Costs $76,198.16 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. South Big Spring Avenue. ~ING :he same reel es:e~e ~hi:h Dorothy E. Wal£tc~, widow, by ~:~ da~ed COUN~ TRYWIDE HOME LOANS, INC. Plaintiff, KELLEY S. BETTON Defendant(s). : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 01-6190 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS~ INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~70 WEST BIG SPRING AVE. A]K/A 70 SOUTH VgEST SPRING AVE, NEWVILLE~ PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLEY S. BETTON 70 WESTBIG SPRING AVE. AfK/A 70 SOUTH WEST SPTING AVE. NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: KELLEY S. BETTON 70 WESTBIG SPRING AVE. A/K/A 70 SOUTH WEST SPTING AVE. NEWVILLE, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name HOUSEHOLD REALTY CORPORATION, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) TO BE DETERMINED 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiffhas 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) 70 WEST BIG SPRING AVE. A/K/A 70 SOUTH WEST SPRING AVE. NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. _December 10, 2001 ~L/ ~ DATE FRANK FEDERMAN, ESQUI/~ Attorney for Plaintiff 'FEDI~VIAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103~1514 (215) $63-?000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, KELLEY S. BETTON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, KELLEY S. BETTON Defendant(s). TO: KELLEY S. BETTON 70 WESTBIG SPRING AVE. A/IOA 70 SOUTH WEST SPTING AVE. NEW¥ILLE, PA 17241 CUMBERLAND COUNTY No. 01-6190 December 10, 2001 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT,4 DEBTAND ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 70 WEST BIG SPRING AVE. A/KIA 70 SOUTH WEST SPRING AVE.~ NEWVILLE~ PA 17241~ is scheduled to be sold at the Sheriffs Sale on MARCH 6~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 75~022.54 obtaiged by COUNTRY'vVIDE HOME LOANS~ INC. (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. 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 OTHEit RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share 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 (I0) 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 Avenue) 40 feet 3 inches ~o corne~ o~ Lo: No. %C, now or f:rm~ri¥ o~ November 1, ~963, &nd recorded ~n Cumberland County Doo~ ~o~ "A", =hereby veecin~ his undivided i~garest in hie eurvivin~ spouae. Gr~n~or~ herein. AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) KELLEY S. BETTON SERVE KELLEY S. BETTON AT 70 WESTBIG SPRING AVE. A]K/A 70 SOUTH WEST SPTING AVE. NEWVILLE, PA 17241 CUMBERLAND cOUNTY No. 01-6190 ACCT. g4130533. Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED of Pennsylvania, in the manner described below: Defandant 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: a tnle a~d correct cop~f the NotiCe of Sheriff's 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 befpre me this ~ day 20o / -  By: ~PL~ASE A~.~EM~ERVICE AT On the day of Moved __ Unknown__ LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOT SERVED ,200__, at __ o'clock __.m., Defendant NOT FOUND because: No Answer __ Vacant Other: Swomto and subscr~ed before m et his day of ,200_. No'w: By: Attorne for Plaintiff Prank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Notarial Sea .~.., G[eason, Notary Pub lc SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. VS. KELLEY S. BETTON No.: 01-6190 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 conceming the real property located at: 70 WEST BIG SPRING AVE. A/K/A 70 SOUTH WEST SPRING AVE., NEWVILLE, PA 17241. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. February 26, 2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CUMBERLAND COUNTY COLrNTRYWIDE HOME LOANS, INC. VS. No.: 01-6190 KELLEY S. BETTON SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 2) Plaintiff in the above action, by its attorney, Frank Federman, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 70 WEST BIG SPRING AVE. A/K/A 70 SOUTH WEST SPRING AVE., NEWVILLE, PA 17241: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Natlle Last Known Address (if address cannot be reasonably ascertained, please indicate) NONE. 4. Name and address of last recorded holder of every mortgage of record: Nanle HOUSEHOLD REALTY CORPORATION, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) C/O C T CORPORATION SYSTEM 1635 MARKET ST. PHILA., PA 19103 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Nalne None. Last Known Address (if address cannot be 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: Nalne None. Last Known Address (if address cannot be reasonably ascertained, please indicate) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. FRAJNK FEDgRMAN, ESQUIRE Attorney for Plaintiff February 26, 2002 COUNTRYWIDE HOME LOANS, INC. Plaintiff, KELLEY S. BETTON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-6190 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS~ INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~70 WEST BIG SPRING AVE. A/K/A 70 SOUTH WEST SPRING AVE, NEWVILLE~ PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be . reasonably ascertained, please indicate) KELLEY S. BETTON 70 WESTBIG SPRING AVE. A/K/A 70 SOUTH WEST SPTING AVE. NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: KELLEY S. BETTON 70 WESTBIG SPRING AVE. A/K/A 70 SOUTH WEST SPTING AVE. NEWVILLE, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: marfle Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name HOUSEHOLD REALTY CORPORATION,INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) TO BE DETERMINED 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 70 WEST BIG SPRING AVE. A/K/A 70 SOUTH WEST SPRING AVE. NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are U-ue and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 10, 2001 ~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) KELLEY S. BETTON PROPERTY: 70 WEST BIG SPRING AVE. A/K/A 70 SOUTH WEST SPRING AVE. NEWVILLE, PA 17241 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on MARCH 6~ 2002, at 10:00 a.m. in Cumberland County Courthouse~ South Hanover Street~ Carlisle~ PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriffon a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within l0 days after the filing of the schedule. LH SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWDE HOME LOANS, INC. VS. KELLEY S. BETTON No.: 01-6190 i;ffTOFIN Y FiLF_ COPY PLEASE RETURN AFFIDAVIT PURSUANT TO RULE 3129.1 AND ~TU~ OF SERVICE PU~UANT TO Pa. ~C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 70 WEST BIG SPRING AVE. A/K/A 70 SOUTH WEST SPRING AVE., NEWVILLE, PA 17241. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. February 26, 2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FiLE COPY PLEASE RETURN Countrywide Home Loans, Inc. VS Kelley S. Betton In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6190 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 20.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 24.20 Mileage 15.60 Levy 15.00 Advertising 15.00 Certified Mail 4.18 Poundage 13.43 Law Journal 279.35 Patriot News 231.90 Postpone Sale 20.00 $685.16 paid by attorney 6/04/02 Sworn and subscribed to before me This / ! ? day of Prothonotary R. Thomas Kline, Sheriff eal Est'W/e Deputy PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. : Plaintiff, : V. -' : KELLEY S. BETTON : ._ Defendant(s). : ., No. 01-6190-CV TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/11/01 to 6/11/03 (per diem -$12.33) TOTAL $75,022.54 $ 6,756.84 and Costs $81,779.38 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. ALL TBI~,-T CI~RTAH~ property, SITUATE in thc Borough of Ncwvillc, Count)' of Cumberland. in tl]c Commonw~lth o~ Pcnns~lvania, ~ing morc fully dc~cri~d in a I)~d da[cd Og/o3/1993, and recorded in Cumberland C~my, Pa., on 08/03/1993, among th: ~]nd Records of ~c COunty ~nd S{at= set forth above, in D~ Book ~6. pagc 298. and ADDR~S: 70 W~t Big ~pHng Avcnuc, Ncwvillc, PA 1~41 B~NG Pa~el No. 28-20-1754-012 BEING the ~me premises which John F. He~erlig a~ Alice Faye Heberlig, his wil~, hy deed da~ed August 3. ~993. a~ r~orded in CUm~rland County, Pennsylvania on Augugt 3. 1993, m Dee~ BOO~ ~6, page 29~, granted a~ conveyed unto Kelley S. Betmn, single person, in fee. SUBJE~ to lhe same conditions, exceptions, reservations a~ r~trictions as are coma/ned in prior de~s foxing ~ain of Hale. 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, KELLEY S. BETTON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190-CV CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. KELLEY S. BETTON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190-CV AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS~ INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at :70 WEST BIG SPRING AVENUE~ _NEWVILLE~ PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 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: Nanle None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name HOUSEHOLD REALTY CORPORATION, INC. C/O C T CORPORATION SYSTEM Last Known Address (if address cannot be reasonably ascertained, please indicate) 1635 MARKET STREET PHILA, PA 19103 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 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. December 31,200? DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. KELLEY S. BETTON Defendant(s). TO: KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 01-6190-CV December 31, 2002 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT }VAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 70 WEST BIG SPRING AVENUE~ NEWVILLE~ PA 17241~ is scheduled to be sold at the Sheriffs Sale on 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $75~022.54 obtained by COUNTRYWIDE HOME LOANS~ INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. 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 fights. 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL TI-[,AT CERTAIN property, SITUATE in thc Borough or- Ncwvillc. County oF Cumberland, in the Commonweahb of Pennsylvania. Being more £ully dc~cribc:d in a D~ d~tc~ 08/0311993, and reco~ed in Cumberland County, Pa., on 08/03/I993, among thc ~1~ Records of ~c County and S~mtc set forth above, in D~ Book ~6, pagc 298, and ADDRESs: 70 Wcst Big Spring Avcnuc, Ncwville, PA 1724t BEING Parcel No. 28-20-17§4-012 BEING the same premises wlfich John F. Heberlig and Alice Faye Heberlig, his wile, I)y deed dated Atlgos[ 3. 1993. and recorded in Cumberland County, Pennsylvania on August 3. 1993, in Deed BOOR [.36, page 298, granted and conveyed unto Kclley S. Betton, single person, Jn fee. SUBJECT tO the same conditions, exceptions, reservations and restrictions as are contahlcd in prior deeds forming chain of title. NOV 1 8 2002 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: Kelley S. Betton : Chapter No. 13 Debtor : Bankruptcy No. 1 02-01155 JJT Countrywide Home Loans, Inc. i Movant : : V. Kelley S. Betton : Respondent : .ORDER AND NOW, this ! c/-r~ day of · 2002, upon consideration of the Motion for Relief and Motion for Default of Movant, Countrywide Home Loans, Inc., it is hereby ORDERED that the Order for Relief be entered by default with respect to premises at 70 West Big Spring Avenue, Newville, PA 17241, to allow the Movant to foreclose on its mortgage, which mortgage was recorded in Cumberland County, in Mortgage Book 1511, Page 759, and allow the purchase of said premises at Sheriff's sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises. CC.' Judith T. Romano, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 James K. Jones, Esquire 7 Irvine Row Carlisle, PA 17013 By the Court: ItJ John J. Th0m~ John J. Thomas, Bankruptcy Judge HARRISBURG FILED P^ INOV 1 4 Clerk, U.S. Bankruptcy Court WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6190 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 KELLEY S. BETTON, 70 WEST BIG SPRING AVENUE, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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 $75,022.54 L.L. Interest FROM 12/11/01 TO 6/11/03 (PER DIEM - $12.33) - $6,756.84 AND COSTS Due Prothy $1.00 Atty's Comm % Atty Paid $805.46 Plaintiff Paid Date: JANUARY 6, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Other Costs CURTIS R. LONG Prothono~ 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 AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) KELLEYS. BETTON SERVE KELLEY S. BETTON AT 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 CUMBERLAND COUNTY KMD No. 01-6190-CV ACCT. #4130533 Type of Action - Notice of Sheriff's Sale Sale Date: 6/11/03 SERVED Served and made lmown to at ~;lO ,o'clockz~.m.,at 7~ ~ g/~-~?~ kV~'! ~J'~'~'oq"l(~-- ,Commonwealth of Pennsylvania, in the manner described below: X 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: , # ~ Desc~ption: Age.~(~ Height,~'~ Wei~at /~'-~Race w~Sex m Other 10N~ ~M~ ~ I ~[~C~ L, ~ ~a competent adult, berg duly sworn according to la,v, depose ~d state ~t I personally handed a ~e and co~ect copy of~e N~i~ce of Sheriffs Sale in ~e m~er as set fo~ herein, is: ::~ L: tk: ::7t~:::5 :::r ~- '~ ....... ~ at · e ad,ess indicated above. Sworn to and subscribod bef~/re,.me this ,,~,~ ¢~ay ~ /~ /~ PLEAS~TTEMPT ~VICE AT LEAS~ I~CA~ DA~ NOT SER~D NOTAR,~I~,~ SEN. I ELIZa. BETH M. JOHA~SSON, Notary ~ I Greene Tv,'p., Franklin County I I~ C~mmtsaion ~ De~,19, 2~S I rIMES OF SERVICE ATTEMPTED. On the day of ., 200__, at o'clock__.m., Defendant NOT FOUND because: Moved 1st Attempt: Unknown No Answer / Time: Vacant 2nd 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 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA RE: COUNTRYWIDE HOME LOANS, INC. ) ) C, IVIL ACTION VS. KELLEY S. BETTON ) CIVIL DIVISION ) NO. 01-6190 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF Cumberland ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME LOANS, INC. hereby verify that on January 6, 2003 and April 22, 2003 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: June 9, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYVglDE HOME LOANS, INC. Plaintiff, KELLEY S. BETTON Defendant(s)· : No. 01-6190-CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/12/01-MARCH 3, 2004 (per diem -$12.33) TOTAL $75,022.54 $10,024.29 and Costs $85,046.83 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. ALL TH. AT CERTAIN pro/mr~y, SITUATE in fl~: Borough of Ncwv~IIc. County of ~um~r~and~ ~n ;h~ Commonw~ahh or ~sy/vania, Bc~n& more ~uUy dc~cri~ ~n a D~d d~cd of ~c County and ~tat~ ~el forth above, in D~ Book ~6, page 298, and ADDRESS; 70 Vt/cst Big ~pring Avcnuc, Ncwvillc, PA 17241 BE/NO Parcel No. 28-20-1754-012 BEING the s~me premises wl~ich $olm F. Hebcrlig ami Alice Faye Hebcrlig, his wilE. by dc~d da~ed August 3. 1993. a~ r~ord~ in ~m~rland County, Pennsylvania on Augugt 3, 1993, Jo D~d BO0~ ~6, page 298, granled a~ convey~ unto Kcfley S. Betton, slng[e ~cson, in &e. ~UBJECT lo [h~ same con~Rions, exceptions, reservations cod restrictions as are eootahlcd Jo prior deedg £ormi~g clmin of title. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6190 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 KELLEY S. BETTON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the accomrt 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 $75,022.54 L,L. Interest FROM 12/12/01 ~ 3/3/04 (PER DIEM - $12.33) - $10,024.29 AND COSTS Atty's Corem % Due Frothy $1.00 Atty Paid $1,341.99 Other Costs Plaintiff Paid Date: OCTOBER 28,2003 (Seal) CURTIS R. LONG Prothonotary 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 Supreme Court ID No. 12248 Deputy COUNTRYWIDE HOME LOANS, INC. Plaintiff, KELLEY S. BETTON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190-CML AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,70 WEST BIG SPRING AVENUE, NEWVILLE, PA 17251. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17251 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name HOUSEHOLD REALTY CORPORATION, INC. C/O CT CORPORATION SYSTEM Last Known Address (if address carmot be reasonably ascertained, please indicate) 1635 MARKET STREET PHILADELPHIA, PA 19103 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Nalne None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Nanle Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17251 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. October 15, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 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, KELLEY S. BETTON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190-CIVIL 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: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff IN RE: Kelley S. Betton IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Debtor Countrywide Home Loans, Inc. Movant KelleyS. Betton Respondent Bi~ No. 1 03-03460 MDF Chapter No. 13 11 U.S.C,§362 ORDER MODIFYING §362 AUTOMATIC STAY 2003 FILED PA 8EP 20O3 h C)erk, U.S. Bankruptcy Court NOW, this ~ day of ~~ 2003, upon Motion of Countrywide Home Loans, Inc., (Movant), it is: ORDERED that the Automatic Stay of all proceecY~ngs, as provided under {}362 of the Bankruptcy Code 11 U,S.C. §362 is modified with respect to premises 70 West Big Spring Avenue, Newville, PA 17241, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enfomement of its right to possession of, or title to, said premises and ORDERED that Rule 4001(a)(3) is not applicable and Countrywide Home Loans, Inc. may immediately enforce and implement this Order granting relief from the automatic stay. /S/MARY D. FRANCE U.S, Bankruptcy Judge Judith T. Romano, Esquire One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-!814 Charles J. DeHart, III, Esquire (Trustee) P.O. Box 410 Hummelstown, PA 17036 James K. Jones, Esquire 7 Irvine Row Carlisle, PA 17013 Kelley S. Betton 70 West Big Spring Avenue Newville, PA 17241 COUNTRYWIDE HOME LOANS, INC. : Plaintiff, : KELLEY S. BETTON : Defendant(s)· : TO: KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17251 CUMBERLAND COUNTY No. 01-6190-CIVIL October 15, 2003 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 70 WEST BIG SPRING AVENUE, NEWVILLE, PA 17251, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enfome the court judgment of $75,022.54 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL TI-IA-T CI~RTA{fIq property, SITUAT[~ in Ibc Borough of Ncwvillc. ~ounty Cumberland, in iht Commouw~llb of ~nnsylvani~, Being mora Fully dc~cri~d 08/03/1993. and ~cord~ {n Cumberland G~my. Pa., on 08/03/1993, umo~g o~ ~e County a~ ~(ate ~et fo~h above, in D~ Book ~6, page 2~8. and ADDRESS; 70 Wc~l Big ~pdng Avenue, Ncwvilic, PA. 1724! BI~INO Parc=l No. 28-20-17§4-012 BEING the same premises wllicll ,{'olin F. I'[eberlig and Alice F~ye Hebcrlig. his wife. by ducd dated AugUst 3. ][993. add recorded in Cumberland County, Pennsylvania on August 3. 1993, iai Deed BOO{< L36, page 298, granted and conveyed unto Kelley S. ~etton, s{ngle person, {o fee. SUBJECT tO thc same conditions, exceptions, rescrvatJop, s and restrictions as are contained iff prior deeds forming chain of title. AFFIDAVIT OF SERVICE PLAINTIFF cOUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) KELLEY S. BETTON SERVE KELLEY S. BETTON AT 70 WEST BIG sPRING AVENUE NEWVILLE, PA 17251 CUMBERLAND coUNTY pJT No. 01~6190-CIVIL ACCT. #.4130533, Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 3, 2004 SEaVeD Se~ed~d~de~o~tO~ 5 ~ ~ ,Defend~t, on~e~ ~ ' -- of pe~ylva~a, m ~e ~er descriDed below: Defen~t perso~lly se~ed. ~. ~a~ a ly me.er whom efen nt(s) resiae(s). Relatiom~p is ~.o ~; ~ -Adult ~ ch~ge of Defendant(s)'s residence who re~ed to give ~me or re~afions~p. 'I ~ ~ ~ ~ 'Manager/Clerk of place of lodg~g in which Defen~t(s) reside(s), ~ 'Agent o~ person ~ c~rge of Defen~nt(s)'s office or us~l place of b~mess. ~ an officer of sa~d Defendant( ) ~ Y Description: Age ~ Height~ Weight J~ Race~S~x_~-Other ' ul sworn according to law, depose and state t~t I personally handed ~ ..~ ~ ~, ~v ~Y ~ a co~etent adult, being d y ..... ~ :~ the ca~tioned case on the date and at I, ~ ~ ..... . o ~. .~o Cqe in the ~er as set fogh hereto, ~ssu~u u~ r a ~e ~d conect copy of the Notme ot 5ner~tt2 o. " the address in. cared above. - ~ ~0T~ ~ [ . bscri~d ~ M. d~0~ I e t~s ~ Y PLEAS~ATTEMPT SE~ICE AT LEAST 3 TIMES. INDICATE ~Aa ~- NOT SER~D O~ ~e ~ . ~y of_ ,200 , at o'clock .~, ])efen~nt NOT ~O~ became: Vacant Moved _ _ U~o~ ~ No Answer ~ 1st Attempt:. / / ._Time: : 3rd Attempt: _ / / ~Time: : S;vom to and subscribed before me this __ day of __, 200 _. By: Notary: 2nd Attempt: / / __Time: : Attorney for Plaintiff. ~rank Federman, Esquire - I.D. No. 12248 FEDERMAN AND PHELAN, LLP- by: Daniel G. schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 countrywide Home Loans, INC. vs. Kelley S. Betton ATTORNEY FOR pLAINTIFF CUMBERLAND coUNTY coURT OF COMMON PLEAS : CIVIL DIVISION : NO. 01-6190- CIVIL FOR RULE TO SHOW qAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon Kelley S. Betton , Defendant (s) to show cause why the attached order for Reassessment of Damages should not be entered. FEDERMAN AND PHELAN, L.L.P. Daniel G. Schm~9, Es.~a~re Attorney for Plaintiff FEDERM~ Ai~D PHELAig, LLP. by: Daniel G. schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, suite 1400 philadelphia, PA 19102-1799 (215) 563-7000 Countrywide Home Loans, INC. vs. Kelley S. Betton ATTORi~EY FOR pLAINTIFF CUMBERLAND coUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190- CIVIL ORDER 2003, AND NOW, this day of Prothonotary is ORDERED to reassess the damages in this case as follows: Principal BaLance Interest Amount May 1, 2001 through MarCh 3, Late Charges Legal fees Cost of Suit and Title Sheriff's Sale CostS inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 2004 plus interest per diem from March 3, 2004 through Date of Sale percent. NOTE: THE ABOVE FIGLrRE IS NOT A PAY OFF - SHERIFF'S SkLE COSTS ~ COMMISSION ARE NOT INCLUDED IN THE ~OVE FIGURES. BY THE Co~/RT: at the 70,300.35 13,966.48 72.36 1,950.00 1,417.00 2,706.69 0.00 0.00 0.00 0.00 $90,412.88 six (6%) FEDERMANAND PHELAN, LLP. by: Daniel G. schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Countrywide Home Loans, INC. Ms. Kelley S. Betton ATTORNEY FOR pLAINTIFF CUMBERLAND coUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190- CIVIL AFFIDAVIT OF SERVICE Daniel G. schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Dama!3es have been sent to the individuals indicated below on Janu~ar¥ 1--5, 2004. Kelley S. Betton 70 West Big spring Avenue, Newville, PA 17251 DATE: January 15, 2004 FEDERMAN AND PHELPS, L.L.P- By: Attorney for Plaint~~ FEDERMAN AND PHELAN, LLP. by: Daniel G. schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 philadelphia, PA 19102-1799 !215) 563-7000 Countrywide Home Loans, INC. : vs. Kelley S. Betton : ATTORNEY FOR PLAINTIFF CUMBERI2~qD coUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190- CIVIL pLAII~TIFF'S p~TITIO~ FOR ~S~SSF~.~T OF DAMAGES Plaintiff, by its Attorney, Federman and Phelan, LLP and Daniel Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess damages in this matter, and in support thereof avezs the following: 1. This is an action in Mortgage Foreclosure in which judgment was 2001 in the amount of 75,022.54. A Sheriff's sale of the mortgaged premises was postponed or stayed entered December 12, the The Defendant(s) filed a Chapter 13 Bankruptcy 03- The Bankruptcy was Relief by order of court dated for the following reasons: 03460 on June 10, 2003. September 29, 2003. 3. The mortgaged premises are listed four Sheriff's Sale on March 3, 2004. Additional sums have been incurred or expended on Defendant(s)' behalf during the time the sale was postponed or stayed, and Defendant(S) have been given credit for any payments that have been made since the judgment, if any. AS a result, the amount of damages should now read as follows: Principal Balance Interest Amount May 1, 2001 through March 3, Late Charges Legal fees Cost of Suit and Title Sheriff's sale CostS inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 2004 70,300.35 13,966.48 72.36 1,950.00 1,417.00 2,706.69 0.00 0.00 0.00 0.00 $90,412-88 5. Under the terms of the mortgage, office of the Recorder of Deeds in Book (81511), entitled to judgment in the amount as set forth which mortgage is recorded in the Page (8759), Plaintiff is in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an order to the prothonotary to reassess the damages as set forth above. FEDERMkN ~ pHELkN, L.L.P. D~T~I ~. schmieg,~ Attorney for Plain%'~ VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reass. essment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: January 15, 2004 FEDERMAN AND pHELAN, L.L. P. Daniel G. Schmi~~uire Attorne IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. VS. KELLEY S. BETTON ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 01-6190-CV AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME LOANS~ INC. hereby verify that on October 16~ 2003 true and correct copies 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: January 26, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 800 2003 FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Countrywide Home Loans, INC. vs. Kelley S. Betton ATTORNEY FOR PLAINTIFF JAN 200 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190- CIVIL RULE AND NOW, this ~ day of J~~-~ 200~, a Rule is entered upon Kelley S. Betton Defendant(s) to show cause, why the attached Order for Reassessment of Damages should not be entered. RULE RETURN~BLE t~his day of . 2003. BY THE CO FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 J215} 563-7000 Countrywide Home Loans, INC. vs. Kelley S. Betton ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190- CIVIL CERTIFICATION OF SERVIO~ I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of February 22, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on February 12, 2004. Kelley S. Betton 70 West Big Spring Avenue, Newville, PA 17251 FEDERMAN~ PHELA~. L . P Date: February 12, 2004 FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTOP/~Ey FOR PLAINTIFF Countrywide Home Loans, vs. Kelley S. Betton INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190- CIVIL MOTION TO MAKE RULE ABSOL~T__E Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 2. February 4, February 3, entered. That it is the Plaintiff in this action. A Petition for Reassessment of Damages was filed with the Court on 2004 and Rule was entered upon Defendant(s) Kelley S. Betton on 2004 to show cause why the Order for Reassessment should not be A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of February 22, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FEDERMAN AND PHEI~/N, L.L.P. Daniel G. Schmieg', Esquire Attorney for Plaintiff VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: February 23, 2004 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Countrywide Home Loans, vs. Kelley S. Betton INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION ~. 01-6190- CIVIL ~ RULE NOW, this 3 day of ~%~.~/ upon Kelley S. Betton , Defendant(s) to show c~se Reassessment of Damages should not be entered. ~ RULE RETURNABLE ~of BY THE COURT: 20 a Rule is entered %¢hy the attached Order for 'rRUE copy FROM RECORD bi .T~timom.' --h~reof, I hero unto set my hard a~//~ seel W sa;d Court at Carlisle, Pa. ~ FEDERMJ~N AND PHELAN, LLP- by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, suite 1400 Philadelphia, PA 19102-1799 (215) 563-700--0 Countrywide Home Loans, INC. VS. Kelley S. Betton ATTORNEY FOR pLAINTIFF CUMBERLAND coUNTY cOURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190- CIVIL CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of February 2_2, 200~4 and a copy of plaintiff's petition for Reassessment of Damages have been sent to the individuals indicated below on Februa 12 2004. Kelley S. Betton 70 West Big Spring Avenue, Newville, PA 17251 By: ~S~ ieg~u~re ~ ' Attorney for Plaintiff Date: February 12, 2004 FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Countrywide Home Loans, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Kelley S. Betton : NO. 01-6190- CIVIL OP. DER AND NOW, this~/m&( day of ~ ,200F, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount May 1, 2001 through March 3, Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 2004 70,300.35 13,966.48 72.36 1,950.00 1,417.00 2,706.69 0.00 0.00 0.00 0.00 $90,412.88 Plus interest per diem from March 3, 2004 through Date of Sale percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. at six (6%) FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Countrywide Home Loans, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Kelley S. Betton : CIVIL DIVISION : NO. 01-6190- CIVIL MOTION TO MAKE R~LE A~SOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 2. February 4, February 3, entered. That it is the Plaintiff in this action. A Petition for Reassessment of Damages was filed with the Court on 2004 and Rule was entered upon Defendant(s) Kelley S. Betton on 2004 to show cause why the Order for Reassessment should not be A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of February 22, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FEDERMAN AND PHE~AN, L.L.P. By Daniel O. Schmieg, Esquire Attorney for Plaintiff VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: February 23, 2004 E~MAN AND PHELAN,~ L.L.P. Daniel G. Schmieg, Esquire Attorney for Plaintiff JAN ~ 3 20D4 FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Countrywide Home Loans, INC. vs. Kelley S. Betton ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190- CIVIL RULE upon Kelley S. Betton , Defendant(s) to show c~se why the attached Order for Reassessment of Damages should not be entered. ~ RULE RETURNABLE ~i= ~y of ~n03 ~ BY THE COURT: TRUE cOPy* FRO,b{ RECORD In Testimor~., ,..h~reof, I here unto set my hand ~end~..je.a! of sa~d. Court at Glrlisle, Pa. - FEDERMANAND PHELAN, LLP. by: Daniel G. Schmie~, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Countrywide Home Loans, INC. vs. Kelley S. Betton ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLFJIS CIVIL DIVISION NO. 01-6190- CIVIL CERTIFICATION OF SERVICE I, Daniel O. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of February 22, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on Februar~ 12, 2004. Kelley S. Betton 70 West Big Spring Avenue, Newville, PA 17251 FEDERMAN ~ PHELA~. L . P Attorney for Plaintiff Date: Februar~ 12, 2004 Countrywide Home Loans, Inc. VS Kelley S. Betton In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6190 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Terms of sale were not complied. Sheriff's Costs: Docketing Poundage Advertising Posting Handbills Levy Surcharge Service Law Journal Patriot News Law Library Prothonotary Auctioneer Share of Bills 30.00 10.84 15.00 15.00 15.00 20.00 16.56 177.05 213.28 1.00 10.00 29.32 $ 553.05 paid by attorney 03/24/04 Sworn and subscribed to before me So Answers: -- day of R. Thomas Kline, Sheriff 2004, A.D. k"---)~?_e Prothonotary Real Es~te Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Mis, cellaneous Rook "M", Volume 14, Page 317. PUBLICATION COPY ~ ,~is 23r~'"'/~o/~"~ 2004 A.D. ' V~lt~m'l.alme,..~_ -- I M~'~:~mis.~onEX?r~J~..~l'l,~es' . ExpiresJ~ne NOTARY PUBLIC Cmm~Nmae,l.e~a~ Inc. ~'~,l=enr~a=~='~'-' ' 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 $ 213.28 which J~ ,~ , . ~,UiWPe~,~wi~,~, Publishers Recmpt for Advertising Cost da~d ~st 3, ~W3;, a-a =~-~d in . . . ~coo~,,~a~A~ 3, , pubhsher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~dl)~d~le~l'~,~s~ e receipt of the aforesaid notice and publication costs and certifies that the same have ~ sad mtrk~,~s as *~e ~ ia By .................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. 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: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL E~TATE SALE NO. 21 Writ No. 2001-6190 Civil Countrywide Home Loans. Inc. VS. Kelley S. Betton Atty.: Frtmk Federman ALL THAT CERTAIN property. SITUATE in the Borough of New- ville. County of Cumberlarid. in the Commonwealth of Pennsylvania, Being more fully described in a Deed dated 08/03/1993, and recorded in Cumberland County. Pa., on 08/03/ 1993, among the Land Records of the County and State set forth above, in Deed Book L36, page 298. and ADDRESS: 70 West Big Spring Avenue, Newville. PA 17241. BEING Parcel No. 28-20-1754 012. BEING the same premises which dohn F. Heberlig and Alice Faye Heberlig, his wife. by deed dated August 3. 1993. and recorded in Cumberland County. Pennsylvania on August 3. 1993. in Deed Book SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 N~AI~I~L SEAL ~' LOIS E, SNYDER, Notaff Public Carlisle Boro, Cumberland County My Commission Expires Mamh 5, 2005 statements as to ti'me, place anu ~.~, ...... · RRAL F_,OTAT~ SAlu~ NO. 21 Writ No, 2001 6190 Civil Countrywide Home Loans, Inc, VS. Kelley S. Betton Atty.: Frank Federman ALL THAT CERTAIN property, SITUATE in the Borough of New- ville, County of Cumberland, in the Commonwealth of Pennsylvania. Bei~[ more fully described in a Deed dated 08/03/1993. and recorded in Cumberland County, Pa., on 08/03/ 1993. among the Land Records of the County and State set forth above, in Deed Book L36, page 298, and ADDRESS: 70 West Big Spring Avenue, Newville, PA 17241. BEING Parcel No. 28-20-1754- 012, BEING the same premises which dohn F. Heberlig and Alice Faye Heberlig. his wife, by deed dated August 3, 1993, and recorded in Cumberland County, Pennsylvania on August 3. 1993, in Deed Book L36, page 298, granted and con- veyed unto Kelley S. Betton, single person, in fee. SUBdECT to the same condi- tions, exceptions, reservations and restrictions as are contained in prior deeds forming chain of title. SWORN TO AND SUBSCRII~ 30 day of JANUAI~ N~K~L SEAL LOtS E. SNYDER, Nota~J Carlisle Bom, Cumbe~and Nly Commission Expires FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Countrywide Home Loans, INC. Plaintiff Kelley S. Betton V$, Defendant(s) : Cumberland County : : Court of Common Pleas : : CIVIL DIVISION : : NO. 01.6190-CIVIL . .. . pI~AFClPE TO WITHDRAW MOTION TO RI-_'ASESS DAMAOFS TO THEPROTHONOTARY: Kindly withdraw the motion to Reassess Damages which was entered on MB~L2~,.?/]/~_ against Kelley S. Beffon, Defendants, in the amount of 90,412.88 relative to the instant matter, without prejudice, upon payment of your costs only. By:.~~'~ ~ Daniel G. Schmeig, Esquire For Federman & Phelan, LLP Attorney's for Plaintiff Dated: April 6, 2004 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, KELLEY S. BETTON Defendant(s). No. 01-6190-CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest fi.om 12/13/01-9/8/04 to SEPTEMBER 8, 2004 (per diem -$13.98) TOTAL $99,040.81 $85,046.83 $13,993.98 and Costs 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. LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY, SITUATE IN THE BOROUGH OF NEWVILLE, COUNTY OF CYMBERLAND, IN THE COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 08/0311993, AND RECORDED IN CUMBERLAND COUNTY, PA., ON 8/03/1993, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED BOOK L36, PAGE 298 Vested by Deed, dated 8/3/93, given by John F. Heberlig nad Alice Faye Heberl/c, husband and wife to Kelley S. Betton, jingle person and recorded 8/3/99 in Liber BoQk: 36 Page: 298 PROPERTY ADDRESS: 70 WEST BIG SPRING AVENUE, NEWVYLLE, PA 177241 TAX PARCEL: #28-20~1754-012 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6190 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 KELLEY S. BETTON, 70 W. BIG SPRING AVE., NEWVILLE PA 17241. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 70 W. BIG SPRING AVE., NEWVILLE PA 17241 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the ganflshae(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 $85,046.83 L.L. Interest 12/13/01 TO 9/8/04 ~ $13.98 per diem = $13,993.98 Atty's Corem % Atty Paid $1,380.99 Plaintiff Paid Date: JUNE 8, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUUIRE Due Prothy $1.00 Other Costs CURTIS R. LONG Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFKBLVD., SUITE 1400, PHILADELPHIA PA 19103~1814 Attorney for: PLAINTIFF Telephone: (215) 563~7000 Supreme Court ID No. 12248 USBC PAM - LIVE - V2.3 - Docket Report Page 1 of 5 2002, CREDS, CLAIMS, 341Held, PlnCnfrmd U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:03-bk-03460-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Kelley S Betton 70 W BIG SPRING AVE NEWVILLE, PA 17241 SSN: xxx-xx~9059 Debtor Charles J. DeHart, III (Trustee) PO Box 410 Hummelstown, PA 17036 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 (717) 221-4515 Asst. U.S, Trustee Date Filed: 06/10/2003 represented by James K. Jones 7 IRVINE ROW CARLISLE, PA 17013-3019 717 240-0296 Filing Date # Docket Text 05/19/2004 3~ 05/18/2004 31 Order granting relief from the automatic stay. (RE: related document(s)[29], [14] ). (Attachments: # 1_ Certificate of Service) (BW) (Entered: 05/19/2004) Proceeding Memo: Hearing held on CountryWide Home Loans' Certification of Default by Debtor with the terms of the stipulation in settlement of motion for relief from stay. Court signed order modifying the automatic stay. (RE: related document(s)[29], [26]). (EW) (Entered: 05/18/2004) https://ecf, pamb.uscourts.gov/cgi-binlDktRpt.pl?183290139222735-L 82 0-1 6/3/2004 USBC PAM - LIVE - V2.3 - Docket Report Page 2 of 5 04/19/2004 3_0_ Notice to Parties: (RE: related document(s)[29] ). Hearing scheduled for 5/18/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (BW) (Entered: 04/19/2004) O4/19/20O4 29 Certificate of Defanlt Filed by Judith Romano of Federman & Phelan on behalf of Countrywide Home Loans Inc (RE: related document(s)[26] ). (BW) (Entered: 04/19/2004) 11/21/2003 Order approving Stipulation (RE: related document(s)[26] ). (BW) Additional attachment(s) added on 3/24/2004 (KL). (Entered: 11/21/2003) 11/19/2003 27 Order approving Stipulation (RE: related document(s)[25] ). (BW) (Entered: 11/19/2003) 11/19/2003 26 Stipulation setting terms and conditions. Filed by Judith Romano of Federman & Phelan on behalf of Countrywide Home Loans Inc (RE: related document(s)[14], [19] ). (BW) (Entered: 11/19/2003) 11/18/2003 25 Stipulation by debtor and Ch. 13 trustee to pay arrears w/i 90 days. Filed by Charles J DeHart, m (RE: related document(s)[20] ). (BW) (Entered: 11/18/2003) 11/14/2003 24 Order Granting Motion for Wage Attachment Order (RE: related document(s)[23] ). (BW) (Entered: 11/14/2003) 11/13/2003 23 Motion for Wage Attachment Order. Filed by James K. Jones on behalf of Kelley S Betton. (BW) (Entered: 11 / 14/2003) 10/24/2003 22 Correspondence filed by Judith Romano of Federman & Phelan on behalf of Countrywide Home Loans Inc. requesting that hearing be cancelled. Parties to file a stipulation within thirty (30) days or Motion to be denied without prejudice. (RE: related document(s) [21] ). (JG) (Entered: 10/24/2003) 10/15/2003 21 Notice to Parties: (RE: related docu_ment(s)[14], [19] ). Heating scheduled for 10/27/2003 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (BW) (Entered: 10/15/2003) 10/14/2003 20 Motion to Dismiss Case for material default and hearing notice to parties. Filed by Charles J DeHart, m (RE: related document(s) 1 ). Hearing scheduled for 11/13/2003 at 02:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (BW) (Entered: 10/14/2003) https://ecf, pamb.uscourts.gov/cgi-bin/DktRpt.pl?183290139222735-L 82 0-1 6/3/2004 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, KELLEY S. BETTON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6190-CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff · COUNTRYVCIDE HOME LOANS, INC. Plaintiff, KELLEY S. BETTON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-6190-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 70 WEST BIG SPRING AVENUE, NEWVILLE, PA 17251. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17251 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the re property to be sold: Narne None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Nalne HOUSEHOLD REALTY CORPORATION, INC. C/O CT CORPORATION SYSTEM Last Known Address (if address cannot be reasonably ascertained, please indicate) 1635 MARKET STREET PHILADELPHIA, PA 19103 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by thc sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Nanle Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17251 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. June 3, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. : Plaintiff, : KELLEY S. BETTON : Defendant(s). : TO: KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17251 CUMBERLAND COUNTY No. 01-6190-CIVIL June 3, 2004 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY * * Your house (real estate) at, 70 WEST BIG SPRING AVENUE, NEWVILLE, PA 17251, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85,046.83 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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. 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 attomey.) 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 Sherifl?s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin 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 LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY, SITUATE IN THE BOROUGH OF NEWVILLE, COUNTY OF CYMBERLAND, IN THE COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 08/03/1993, AND RECORDED IN CUMBERLAND COUNTY, PA., ON 8/0311993, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED BOOK L36, PAGE 298 Vested by Deed, dated 8/3/93, given by John F. Heberlig and Alice Faye Heberlic, husband and wife to Kelley S. Betton, ~ingle person and recorded 8/3t99 in Liber Book: 36 Page: 298 PROPERTY ADDRESS: 70 WEST BIG SPRING AVENUE, NEWVILLE, PA 177241 TAX PARCEL: #28-20-1754-012 C? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. VS. KELLEY S. BETTON ) CIVIL ACTION ) ) CIVIL D]NISION ) NO. 01-6190-CV AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME LOANS~ INC. hereby verify that on June l0t 2004 tree 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 16, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~0 COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 8th day of Sept A.D., 2004, under and by virtue of a writ Execution issued on the 8th day of June, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 619Q, at the suit of Coun .trywide Home Loan Inc against Kelly S Betton is duly recorded in Sheriff's Deed Book No. 265, Page 2614. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /.~/t_ day of ~ , A.D2004 Recorder of Deeds Countrywide Home Loans, Inc. VS Kelley S. Betton In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001~6190 Civil Term Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on June 28, 2004 at 4:13 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Kelley S. Betton, by making known unto Kelley Betton, personally, at 338 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2004 at 2:06 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kelley S. Betton located at 70 West Big Spring Ave., Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Kelley S. Betton, by regular mail to her last known address of 338 McAllister Church Rd., Carlisle, PA 17013. This letter was mailed under the date of July 13, 2004 and never returned to the Sherift~s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Permsylvania on September 08, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $593.20. Sherift's Costs: Docketing $30.00 Poundage 11.63 Posting Bills l 5.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 12.33 Levy 15.00 Surcharge 20.00 Law Journal 153.80 Patriot News 184.45 Share of Bills Distribution of Proceeds Sheriffs Deed 30.49 25.00 39.50 $ 593.02 Sworn and subscribed to before me This //~' day of ~/ct.{. 2004, ^.D. 4&~,,._. ~ ~L ~Pfothonotary K~- So Ans ers' R. Thomas Kline, Sheriff Real Esta~ Deputy Ck.. '4 7cl15 COUNTRYWIDE HOME LOANS, INC. Plaintiff, KELLEY S. BETTON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DMSION NO. 01-6190-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 70 WEST BIG SPRING AVENUE, NEWVILLE, PA 17251. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17251 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder o.f ever~ mortgage of record: Name Last Known Ad&ess (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION, 1635 M.MIKET STREET INC. C/O CT CORPORATION SYSTEM PHILADELPHIA, PA 19103 5. Name and address of every other person who has any record lien on the property: NalTle 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. Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and ad&ess of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Nalne Last Known Ad&ess (ifad&ess cannot be reasonably ascertained, please indicate) Tenant/Occupant 70 WEST BIG SPRING AVENUE NEWVILLE, PA 17251 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. June 3, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS,/NC. : Plaintiff, : KELLEY S. BETTON : Defendant(s)· : TO: KELLEY S. BETTON 70 WEST BIG SPRING AVENUE NEWV1LLE, PA 17251 CUMBERLAND COUNTY No. 01-6190-CIVIL June 3, 2004 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVE PREVIOUSLY'RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DE,BT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GA1NST PROPERTY. * * Your house (real estate) at, 70 WEST BIG SPRING AVENUE, NEWVILLE, PA 17251, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85,046.83 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 mhst pay, you may call: (215) 563-7000. 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 Sherifg,.5 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. lfthe 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 anaount due is paid to the Sheriff and the Sheriffgives 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 Shefiffwithin 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 Sheriffwithin 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 mav not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY, SITUATE IN THE BOROUGH OF NEWVILLE, COUNTY OF CYMBERLAND, IN THE COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 08/03/1993, AND RECORDED IN CUMBERLAND COUNTY, PA., ON 8/03/1993, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED BOOK L36, PAGE 2'98 Vested by Deed, dated 8/3/9.3, given by John F. Heberlig and Alice Faye Heberlic, husband and wife to Kelley S. Betton, single person and recorded 8/3/99 in Liber 13ook: 36 Page: 298 PROPERTY ADDRESS: 70 WEST BIG SPRING AVENUE, NEWVILLE, PA 177241 TAX PARCEL: #28-20-1754-012 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6190 Civil COUNTY OF CLrMBEKLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC. Plaintiff(s) From KELLEY S. BETTON, 70 W. BIG SPRING AVE., NEWVILLE PA 17241. (1) You are directed to levy upon the property of the defeudant (s)and to sell REAL ESTATE LOCATED AT 70 W. BIG~ ~SP~[NG A~E.,.NE~I1LLE PA 17241 (SEE LEGAL DESCRIPTION). (2) You are~:o directed to attac.h..Lh.E property o f the defendant(s) not levied upon in the posses~inn of GARNISHEE(S) as follows: and to uofify 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) ~f pr~perty of th~ defendant(s) not ~vied up~n an subj~ct t~ attachm~nt is found in th~ possession of anyone other than a named garr~hee} you are dh'ected to notify him/her that he/s~e has been~rdded ~a gam/shee and is enjoined as above stated. Amount Due $85,046.83 ...... ~,' ~ L.L i.~°°:' Interest 12113/01 TO 9/8/04 ~ $13.98 per diem = $13,993.98 Atty's Comm % Arty Paid $1,380.99 Plaintiff Paid Date: JUNE 8, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUUIRE Due Prothy $1.00 Other Costs CURTIS R. LONG Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) ~63-7000 Supreme Court ID No. 12248 Real Estate Sale #40 On June 15, 2004 the sherifflevied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA Known and numbered as 70 West Big Spring Ave., Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 15, 2004 Real Est~e Deputy CID THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Danphin} ss Joseph A. Dennison, being duly sworn according to/aw, 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 Pennsylvaina, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Penusylvania, owner and publisher of The Pa~rint- News and The Sunday Patrint-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 Pa~iot-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 a~ached hereto is exactly as printed and published in their regular daily and/or Sunday/Metro editions which appeared on the 27th day(s) of July and the 3rd and 10th day(s) of August 2004. That neither he nor said Company is interested in the subject malter of said printed notice or advertising, and that al/of the allegations of this statemem as to the time, place and character ofpublicatinn are 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#40 Avval~ l~n~lll~ PA IT241. Sworn to and st%b~rcribed before me ~ 23rd day o~S~ugust,~04 A.D. My C~m s~ ~ ~, zuuo NOT~Y P~LIC Member, PennsylvanlaAas°cl~ti°~~ssinn exp~es J~e 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 184.45 Publisher's Receipt for Advertising Cost blisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~ledge receipt of the aforesaid notice and publication costs and certifies that the same have 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 Cumber/and Law Journal on the following dates, viz: JULY 16,, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TATE 8~LE NO. 40 Writ No, 2001-6190 Civil Countrywide Home Loans, Inc, Kelley S. Betton Atty.: Frank Federmart LEGAL DESCRIPTION ALL THAT CERTAIN property, situate in the Borough of Ncw~ille, County of Cumberland, in the Com- monwealth of Pennsylvania. being rnore fully described in a Deed dated 08/03/1993, and recorded In Cum- berland County, PA., on 8/03/1993, among the land records of the county and state set forth above, in Deed Book L36, Page 298. Vested by Deed, dated 8/3/93, given by John F. Heberlig and Alice Faye Heberlic, husband and wife to Kelley S. Betton, single person and recorded ?/~f99 in Liber Bo?!~! ~6 (,L.~ Marie Coyne, Eaitor SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 LOiS E. SNYDER, Notary Pul~lic Car/isle Boro, Cumberland County My Commission Expires March 5, 2005