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HomeMy WebLinkAbout01-4698FEDERMAN 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, 1NC., F/K/A COUNTRYWIDE FUNDING CORPORATION 7105 CORPORATE DRIVE PLANO, TX 72024-3632 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION TERM CUMBERLAND COUNTY DOUGLAS C. DISBROW SUSAN E. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COU-NTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 7207317 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VAEID. 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 MAlL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION 7105 CORPORATE DRIVE PLANO, TX 72024-3632 The name(s) and last known address(es) of the Defendant(s) are: DOUGLAS C. DISBROW SUSAN E. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/23/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PROVIDENT MORTGAGE CORP. T/A CONSOLIDATED MORT CORP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1288, Page 862. By Assignment of Mortgage dated 10/23/95 the mortgage was assigned to PROVIDENT BANK OF MARYLAND which Assignment is recorded in Assignment of Mortgage Book No. 507, Page 121. By Assignment of Mortgage dated 10/23/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 515, Page 161. 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 12/1/00 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 11/1/00 through 7/1/01 (Per Diem $30.70) Attorney's Fees Cumulative Late Charges 10/23/95 to 7/1/01 Cost of Suit and Title Search Subtotal $126,316.73 7,460.10 4,000.00 645.85 550.00 $138,972.68 Escrow Credit 187.17 Deficit 0.00 Subtotal ($187.17) TOTAL $138,785.51 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 $138,785.51, together with interest from 7/1/01 at the rate of $30.70 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff June 02, 2001 Douglas C, & Susan E Disbrow 12 Yankee Drive Mount Holly Springs, PA17065 Certified Mail NO Return Receipt Requested Regular Mail Countrywide Account # 7207317 Property Address: 12 Yankee Drive Mount Holly Springs, PA 17065 Current Servicer: Countrjwide Home Loans, Inc. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mormaee on your home Is in default, and the lender intends to foreclose. S;)eclflc Information about the nature of the default is provided in the attached The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP} ma,/be able to help to save your home. This Notice exelalns how the Droeram 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 Counseling Agency. The names, addresses and ;)hone numbem of Consumer Credit Counsellno Aaenclee eervlno your County are listed at the end of this Notice. If you have any auestlons, you may call the Pennsylvania Housing Finance Aoencv toll-free at 1-800-342-2397. (Persons with Impaired hearlna can cag 1-717-780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help answer them. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACI~N EN AD JUNTO ES DE SUMA IMPORTANClA, PUES AFECTA SU DERECHO A CONTINUAR VlVlENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAClON OBTENGA UNA TRADUCCI(~)N INMEDIATAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NOMERO MENClONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PR~STAMO POR 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 FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. iF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, 612612000 ~TOTDUE~A$0F~DUEDTE~ <<BARCDE>> EXHIBIT A' TEMPORARY STAY OF FORECLOSURF - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-five (35) days from the date of this Notice. Dudng that time you must arrange and attend a "face*to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice THIS MEETING MUST OCCUR WITHIN THE NEXT t35i DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGACF ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED 'HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO 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 thi~y-five (35) days after the date of this meeting The names, addresses and telephone numbers of desi(~nated consumer credit counselino aoencies for tho count'/in which the orooertv is located are set forth at the end of this Notic~ It is only necessary to schedule one face- to-face meeting. Advise your lender immpdiatel¥ of your intentions, APPLICATION FOR MORTGAGE ASSISTANCF - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-five (35) days of your face-to*face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteda established by the Act, The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. Dudng 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 ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT - Countrywide Home Loans, Inc. (hereinafter "Countrywide") services your home loan Your home loan is in serious default because you have not made your required payments. The total amount now required to reinstate your home loan as of the date of this letter is as follows: Monthly Payments: $1,286.00 $7,71600 Late Chames; $51.93 $311.58 Other Charqes: Uncollected Late Charges: $28241 Uncollected Costs: $78,00 TOTAL DUE: $8,387.99 EXHIBIT A. HOW TO CURE THE DEFAULT - You may cure this default within THIRTY-FIVE (36) DAYS of the date of this letter, by paying to us the above amount of $3,160.20, plus any additional monthly payments, late charges, fees and other applicable charges which may fall due dudng this period. Such payment must be in the form of certified check, cashier's check or money order, and made payable to Countrywide 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 This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off your home loan in monthly installments. If the full payment of the amount in default is not made within THIRTY-FIVE (36) 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 wilt be sold by the Shedff to pay off the mortgage debL if the default is cured before we begin legal proceedings, Count~vide will be entitled to collect the reasonable attorney's fees actuafly incurred, up to $50.00. However, if legar proceedings are started, Count~,wide will bo entitled to collect the reasonabre attorney's fees even if they are over $50.00. Any attorney's fees wirl be added to the secured debt, which may also include our reasonable costs. ~f you cure the default 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 RIGHT 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 mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO FORECLOSURE SALE - If you have not cured the default within the THIRTY-FIVE (35) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the foreclosure sale. You may do so by paying the tota~ amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the foreclosure sale as specified in wdting by the lender end by performing any other requirements under the mortgage. Curing your default In the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted, EARLIEST POSSIBLE FORECLOSURE SALE DATE - It is estimated that the earliest date that a forectosure sale could be held would be approximately six (6) months from the date of this ~etter. A notice of the date of the foreclosure sale will be sent to you before the sale. You may find out at any time exactly what the required payment will be by calling us at the following number: 800-669-5231. 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. If the default is cured, the mortgage will be restored to the same position as if no default had occurred. However, the default may not be cured more than three (3) times in any calender year. HOW TO CONTACT THE LENDER: Name of Lender: Countrywide Home Loans, Inc. Address: P.O. Box I0221 Van Nuys, CA 9f410.0221 Phone Number: 800.669-5231 Fax Number: 1.805-577-3432 Contact Person: Chrfsten Roche, MS SV.34 Attention: Loan Counselor EFFECT OF FORECLOSURE SALE - You should realize that a foreclosure sale will end your ownership of the mortgaged property and your dght to remain in it. If you continue to live in the probedy after the Sheriffs sale. a lawsuit to remove you and your fumishings and other belongings could be started by Countrywide at any time ASSUMPTION OF MORTGAGE - Contact Countrywide Home Loans for information on the possible assumabili[y of your loan. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PAR~ 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.) AYMENT INSTRUCTIONS Please EXHIBIT A 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, Count.,vide may, at its option, enter upon and conduct an inspection of the property The purpose of this inspection is to observe the physical condition of the property, to verify that the property is occupied and/or to determine the identity of the occupant. The cost of any such inspection will be added to and become part of the secured debt as provided under the terms of the home loan documents EXHIBIT If you are unable to cure your default on or before July 07, 2001, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property For example: Repayment Plan: It is possible that you may be eligible for some form of payment assistance through Count~/wide. Our basic plan requires that Country~de receive, up front, at least % of the amount necessary to bdng the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available, Loan Modification: Alternatively, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types. Sale of Your Property: Alternatively, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through Countrywide even if your home is worth less than what is owed on it. Deed-in-Lieu: Alternatively, if your property is free from other liens or encumbrances, and if the default is due to a sedous financial hardship which is beyond your control, you may be eligible to deed your prope~:y directly to the Noteholder and avoid the foreclosure sale If you are interested in discussing foreclosure alternatives with Countrywide, you must contact us immediately, If you request assistance, Countrywide will determine, in its sole discretion, whether such assistance will be extended to you. In the meantime, CountP~/ide will pursue all of its dghts and remedies under the home loan documents and as permitted by law, unless it agrees otherwise in writing. Please be advised that failure to bring the home loan current or to enter into a wdtten agreement as outlined above will result in the acceleration of the debt. Time is of the essence Should you have any questions conceming this notice, please contact Countrywide's office immediately at 800~69-5231, extension 7149 Christen Rocha Loan Counselor 800~69-5231, Extension 7149 Please be advised that this communication is from a debt collector. EXHIBIT A PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. S/00) CLINTONCOUNTY Lycoming-Clinton Counties Commialon for Conamunity Acdon (STEP) 2138 Lincoln Street P.O. Box 132g WilliamsporL PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Nor'daexstem PA 201 Basin Sa-eet William.sport, PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 ot (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Lucerne County 163 Amber Lane Wilkes-Barre. PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665--(Ca1~ Before Faxiag) (570) 455-4994 Hz~zeltow~ FAX (570) 455-563 b--(Call Before Faxing) (570) 836-4090 Tunk3annock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F, Kennedy Center, Inc. 2021 E~t 20~' Street Erie, PA 16510 (8 ~ 4) 898 -0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg. PA I7102 (717) 541-1757 Urban League of Metropolitan HalTigburg N. 6a' Street Harrisburg. PA 17101 (717) 234-5925 FAX (7~7) 234-9459 CommuniW Action Corem of the Capital Region 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CCCS of Northe~tem PA 1631 Soul Ather~on St., Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 23g-3669 ~QLUMBIA COL%TY I400 AbingXon Executive Park Suite 1 Clar~ Summit. PA 184I 1 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 (~RAWFORD CO t~TY CUMBERLAND COUNTY Gremer Erie Communiv/Action Committee lg West 9a~ Street Erie, PA 1650l (gl4) 459`4581 FAX (814) 456-016I Shen~mgo Valley Urban Lea=mae, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-53 I0 Financial Counseling Services of Franklin 31 West 3"~ Street WaynesDoro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 ~G" S~xeet Carlisle, PA 17013 ~ (717) 243.3g15 FAX (717) 73 [-9589 Adams County Housing Aut3ori~ 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 F:LX 334-8326 PENNSYLVA2qL4, BULLETIN, VOL. 29, NO. *..3, JI~;'NE 5, 1999 EXHIBIT A ~4/.L that certain tract of land situate in tho Borough of Mount t-iolly Springs. Cumberland County, Pennsylvania, bounded and descr:beci in accordance with a Plan prepared by Walter N. Heine A~sociates, Inc., dated December 8, 1989 and recorded /n Plan Book 64, Page 90, as follows: oiL. et No. 41; thence along Yankee Drive by a curve to the right I~aving a radius of 136.02 feet 40 and 41 on Plan, No~h 19 de~ees 3~ ~utes 29 seconds West 171.13 ~eet Place of BEG~G. CON2'~I2'N2~NG 0.2467 acre and designated as Lot No, 42 on Plan of Liberty Wood~ 2~2'~'G part of the s~e pre~s~ w~ch William H. Nordstrom, ~xe~tor of the Hsiate of Ruth Newbu~ Moore, ~a Ruth E Moore, by ~s deed dat~ October 13, 1992 and recorded in the Offi~ ofth~ R~order of Deeds for Cumberland County in De~ Book 'y', Volume 35, Page PREMISES: 12 YANKEE DRIVE VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are hue 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 .CASE,NO: 2001-04698 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS DISBROW DOUGLAS C ET AL RETURN - REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DISBROW DOUGLAS C the DEFENDANT , at 0017:14 HOURS, on the 13th day of August at 12 YANKEE DR , 2001 MT HOLLY SPRINGS, PA 17065 SUSAN DISBROW by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing ~er attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 4.55 Affidavit .00 Surcharge 10.00 .00 32.55 Sworn and Subscribed to before me this /~/~-~ day of A.D. z P~ot honor ary So Answers: R. Thomas Kline 0s/14/2001 FEDERMAN & PHELAN By: SHERIFF'S RETURN - REGULAR °CASk NO: 2001-04698 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS DISBROW DOUGLAS C ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DISBROW SUSAN E the DEFENDANT at 12 YANKEE DR at 0017:14 HOURS, on the 13th day of August , 2001 MT HOLLY SPRINGS, PA 17065 SUSAN DISBROW by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff.s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /7~ day of ~ ~/ A.D. t~ro~honot ary So Answers: R.' Thomas Kline ;' 08/14/2001 FEDERMAN & PHELAN p y heriff FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYVqlDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION 7105 CORPORATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 Plaintiff VS. DOUGLAS C. DISBROW SUSAN E. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 Attorney for Plaintiff : CUMBERLAND COUNTY : : COURT OF COMMON PLEAS : : CIVIL DIVISION : : NO. 01-4698 ; : .. .. Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against DOUGLAS C. DISBROW and SUSAN E. DISBROW, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days fi:om service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 7/1/01 TO 9/17/01 $138,785.51 2~425.30 TOTAL $141,210.81 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE: '~-~~r4~ [DAMAGES ARE HEREBY ASSESSED AS INDICATED.~)/~¢~.~. ' 2~ . ~;~n-.e'' PRO PROTH~ **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 A~FEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERHiLN AiqD PHEL~kN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPOP, ATION Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY vs. : NO. 01-4698 DOUGLAS C. DISBROW SUSAN E. DISBROW Defendant (s) TO: DOUGLAS C. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS,PA 17065 DATE OF NOTICE: SEPTEMBER 4, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN 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, INC. F/K/A COUNTRYWIDE FUNDING CORPOPATION Plainuiff vs. : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0.01-4698 DOUGLAS C. DISBROW SUSAN E. DISBROW Defendant TO: SUSAN E. DISBROW 12 YANKEE DRIVE MOLrNT HOLLY SPRINGS,PA 17065 DATE OF NOTICE: SEPTEMBER 4, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman,Esquire Attorney for Plaintiff onmm-~= ~ mm~umm - CASE NO: 2001-04698 P COMMONWEALTH OF PENNSYLV~NIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS DISBROW DOUGLAS C ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DISBROW DOUGLAS C the DEFENDANT , at 0017:14 HOURS, at 12 YANKEE DR MT HOLLY SPRINGS, PA 17065 SUSAN DISBROW a true and attested copy of COMPLAINT - NOTICE on the 13th day of August 2001 by handing to MORT FORE together with and at the same time directing Her attention no the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.55 Affidavit .00 Surcharge 10.00 .00 32.55 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 08/14/2001 FEDERMAN & PHELAN By: Deputy'Sher~ff Prothonotary SHERIFF'S RETURN CASE NO: 2001-04698 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CL~MBERLAND COUNTRYWIDE HOME LOANS INC VS DISBROW DOUGLAS C ET AL REGUk~.R DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT PORE was served upon DISBROW SUSAN E the DEPENDANT at 0017:14 HOURS, on the 13th day of August at 12 yANKEE DR 2001 MT HOLLY SPRINGS, PA 17065 by handing SUSAN DISBROW a true and attested copy of COMPLAINT - MORT FORE NOTICE to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: 08/14/2001 FEDERMAN & PHELAN By: .7¸ Dep~y Sheriff / Prothonotary FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC., F/FdA COUNTRYWIDE FUNDING CORPORATION Plaintiff VS. DOUGLAS C. DISBROW SUSAN E. DISBROW Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY Court of Common Pleas CML DIVISION NO. 014698 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 DOUGLAS C. DISBROW is over 18 years of age and resides at 12 YANKEE DRIVE, MOUNT HOLLY SPRINGS, PA 17065. (c) that defendant SUSAN E. DISBROW is over 18 years of age, and resides at 12 YANKEE DRIVE, MOUNT HOLLY SPRINGS, PA 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN Attomey for Plaintiff (Rule of Civil Procedure No. 236 -Revised) COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff VS. DOUGLAS C. DISBROW SUSAN E. DISBROW Defendant(s) : CUMBERLAND COUNTY : : Court of Common Pleas : : CIVIL DIVISION : : NO. 01-4698 : : Notice is given that[Judgrnent in the above captioned matter has been entered against you on SEPTEMBER ]~ ,2001. If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE COUNTRYWIDE HOME LOANS,/NC., F/K/A COUNTRYWIDE FUNDING CORPORATION DOUGLAS C. DISBROw SUSAN E. DISBROW SERVE DOUGLAS C. DISBROW AT 12 YANKEE DR/VE MO UNT HOLLY SPRINGS, PA 17065 CUMBERLAND COUNTY No. 01-4698 P, CCT. #7207317 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED at ~9 ~ o of Pe~sylvania, in ~e ~er deschbed below: ~ 3 ~ --' ~Defendant personally se~ed. Adult fa~ly member wi~ who~ Defendant(s) reside(s). Relationship is ~ _ Adult in charge of Defen~nt(s) s residence who reused to give name or relationship. _Manager/Clerk of place of lodging m which Defendant(s) reside(s). ~ .Agent or person in C~ge of Defen~t(s),s office or usual place ofb~ess. ~ ~O~er: ~ officer of said Defend~t(s)'s company. Description: Aae ~ ~ ~ ~ ~ mpetent adult, berg duly sworn accord~g to law, depose and s the address indicated above. ] ~l~ Sworn to ana I NOT SERVED On the_ _ day of~ ,200 , at o' ~ ~ _ clock ~.m., Defendant NOT FO~D because: - ~ Moved ~ U~o~ ~ No Answer ~ Vacant Other: Sworn to and subscribed before me this_. . day of~ .200 . Notary: -- .Attorney for Plaintiff By: Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 AFFIDAVIT OF SERVICE PLAIN,TIFF COUNTRYWIDE HOME LOANS, INc., F/K/A COUNTRYWIDE FUNDING CORPORATION DEFENDANT(S) DOUGLAS C. DISBROW SUSAN E. DISBROW SERVE SUSAN E. DISBROW AT 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND COUNTY No. 01-4698 ACCT. #7207317 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED b~OCO , Defendant, on the Served and made known to '~1"~ ~' ~4~'~ dayof DC' ,200~ at ~[~0 ,o'c,ock~.~,a, /~ ~N~e~ 9~,1 ~L~N~ ~offx ~[~Y ,Co=onwealth of Pe~sylvania, in the m~er described below: ~ Defen~nt personally se~ed. ~ Adult hmly member ~th whom Defen~t(s) reside(s). Relatio~p is ~ Adult ~ c~ge of Defen~t(s)'s residence who re.ed to give name or relationship. ~ M~ger/Clerk of place of lodging ~ w~ch Defendant(s) reside(s). Agent or person m c~ge of Defend~t(s)'s office or usual place of b~ess. ~ officer of said Defen~t(s)'a co.any. O~er: Description: Age ~ HeiSt ~ ~ /~ Weight /~ ~ce W~ Sex F O~er ~0~ blo~ ~ ~ I, ~[~ k, ~ ~ .a co~etent adult, berg duly sworn according to law, depose and state t~t I personally handed a ~e and co~ect copy of~'~'~e Notice of ShefiWs Sale in ~e ~er~s set fo~h herei~ issued ~ ~e captioned case on the date and at the ad.ess indicated above. ~ ~1~ ~ I ~wom to ann su~scribga I ~ ~ro, Fr~ ~ I ~ bef~met~is ~gday I~~~~[/,~ e ~ PLEASE ATTEMPT SER~CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOT SERVED On the day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer Vacant Other: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. f/k/a Countrywide Funding Corporation VS Douglas C. Disbrow and Susan E. Disbrow In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4698 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 Fedemian. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 10 0 Share of Bills 24.20 Mileage 9.10 Levy 15.00 Advertising 15.00 Certified Mail Poundage 2.80 Postpone Sale Law Journal Patriot News $142.60 paid by attorney Sworn and subscribed to before me This ~.~_~__~ay ofj~c~ 200'~,, A.D.~-'~ ~ ")/,OJ-g~% ~ Prothonotary So Answers: R. Thomas Kline, Sheriff Real E~ta{e Deputy COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FLrNDING CORPORATION Plaintiff, V. DOUGLAS C. DISBROW SUSAN E. DISBROW Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4698 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC, F/K/A COUNTRYWIDE FUNDING CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following infocmation concerning the real property located at ~12 YANKEE DRIVE~ MOUNT HOLLY SPRINGS~ PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DOUGLAS C. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 SUSAN E. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 2. Name and address of Defendant(s) in the judgment: DOUGLAS C. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 SUSAN E. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: SaBle Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder efevery mortgage of record: Last Known Address (if address cannot be reasonably ascertained, please indicate) MEMBERS 1sx FEDERAL CREDIT 5000 LOUISE DRIVE UNION MECHANICSBURG, PA 17055 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. SalTle 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: Narfle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 6, 2001 /~~ ~~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION. Plaintiff, V. DOUGLAS C. DISBROW SUSAN E. DISBROW Defendant(s). TO: DOUGLAS C. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND COUNTY No. 01-4698 December 6, 2001 SUSAN E. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 12 YANKEE DRIVE~ MOUNT HOLLY SPRINGS~ PA 17065~ is scheduled to be sold at the Sheriffs Sale on MARCH 67 2002 at I0:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $141~210.81 obtained by COUNTRYWIDE HOME LOANS~ INC.~ F/K/A COUNTRYWIDE FUNDING CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this SherifFs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. 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 STII,L BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the o~vner 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 ~un~v,, P~nr.~,Av~ia, , bounded ~d d~scrbed bn accordance, with a ~', ,an pr~pare~ by W~h~r N. ~ee ~a~ciat~, ~c.. dated ~ec~mher 3. 1989 and r~c~r~ed ~m P~an Book ~a, Page 90, follow=: o£Lot No. 41; thence ~Ion~ Yankee Drive by a :urve to the right having & radiua of 136.02 feet ~nut~ 49 ae=onds ~ ~.SO feet :o a point; th~nc= ~cng Lo~ No, 4~ on PI~ of ~be~v Wood~, Sou~ 70 dc~e~ 27 ~nut=s 31 s~onds ~=~: 45.00 feet :c a point; thence ~c~ L6~: 0.2467 acre and de~ignatmd ~s Loc .%'0. 4Z on Plan ~uth N~0ur~ N/oct., ~a Ruth E. ~loorc, by ~s dccd da:~ Oc:obcr 13, 1992 and r=ccrd=d :n th~ O~ of thc ~ord~ of De=ds for Cumber!~d County in De=d Book 'Y', Volume ]5, PaSs Vesxed by Warranty. Deed, dated 6i2195, ~ven by Liberw .~sociates, a Partnership to Dou~as C. Disbrow and Susan _ Disbrow, his wife and recorded 6/8t95 in Libor Book: 123 Page: 292 BEING l~lOI~l AS: 12 YANKEE DRIVE MOUNT HOLLY SPPJ~NGS, PA 17065 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-4698 CIVIL COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cu~berla_r~ COUNTY: To satisfy the debt, interest and costs due Count~-y~ide HQ'ne Loa~s, Inc., F/K/A ~t~ide ~nd~g Co.ration , P~INTIFF(S) from ~uqlas C. Disb~w and Sus~ E. Disb~, 12 Y~kee ~ive, ~t Holly Sprigs, PA 17065 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal 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 Io notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property 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/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $141,210.81 frcm 9/18/01 to 3/6/02 (per diem - Interest -~ Atty's Corem % Airy Paid $1 ?n _ 55 Plaintiff Paid L.L. $.50 Due Prothy $1 _no Other Costs Date: D~.~mh~r 10. 2001 REQUESTING PARTY: Name [~'ank Federman, Esq. Address: One Penn Center at Suburban Station 1617 Jui~ F. K~z.x~d3 ~oul~-ard, Suite 1400 Philadelphia, PA 19103-1814 A~orney for: Plaintiff Telephone~ 215-563-7000 Supreme Coud ID No. 12248 Curtis R. Lonq Prothonotary, Civil Division ( Deputy REAL ESTATE SAL[ No. ~ On December 12, 2001, the sheriff levied upon the defendant's interest in the real property situated in Borough of Mt. Holly Springs, Cumberland County, PA, known and numbered as 12 Yankee Drive, Mount ~Holly Springs, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 12, 2001 By: ~Qe~d~ al Estate Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC., F/I/dA COUNTRYWIDE FUNDING CORPORATION 7105 CORPORATE DRIVE PLANO, TX 72024-3632 No.: 01-4698 VS. DOUGLAS C. DISBROW SUSAN E. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY Kindly mark the judgment that was entered in the above captioned matter on SEPTEMBER 1~9 2001 vacated upon payment of your costs only. Fran~ FedermantEs/{uire Atto[ney for Plaihtiff January 7, 2002 By: k-~RM~K Fi~DI~RMAN identification No. ~2~48 for plaintiff STATION Attorne~ _ ~ ~R AT S~~ O~ pEN~ ~'- BLVD-, s~TE 1400 ~617 JO~ F. ~NNEDY pHiL~ELp~A, PA 19103-1814 HO~ Lo~S, ~C. co~TRYWIDE F~iNG CO~O~TION co~TR~E pL~O, TX 75024-3632 Plaintiff, DOUGLAS C. DISBROW sUSAN E. DISBROW cuMBERLAND coUNTY coURT OF coMMON pLEAS CIVIL DIVISION NO. 01-4698 Defendant(s). PRAECIPE FOR JuDGMeNT FOR FAILURE TO ANSWER AND AssESSMENT OF DA_MAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DOUGLAS C. DISBROW an~0 Plaintiffs Complaint within _ Sale of the mortgaged premises, and assess Plaintiff SUSAN E. DISBROW, Defendant(s) for failure to file an Answer to ~ays from service thereof and for Foreclosure and damages as follows: As set forth in Complaint Interest from 7/2/01 to 3/4/03 TOTAL $138,785.51 $ 18,757.70 $157,543.21 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, (2) that notice has been given in accordance with Rule 237.1, copy attached. DAMAGES ARE HEREBY ASSESSED AS INDICATED- DATE: ~- q q~)-~ PRO PROTHY FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia. PA 19103-18 l 4 (215) 56'~-7000 COUNTRYWIDE HOME LOANS, INC. F / K/A COUNTRYW I DE FUND I NG CORPORAT I ON Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff VS. DOUGLAS C. DISBROW SUSAN E. DISBROW : CUMBERLAbFD COUNTY : NO. 01-4698 CIVIL TERM Defendant ( s ) TO: DOUGLAS C. DISBROW 12 YANKEE DRIVE. MOUNT HOLLY SPRINGS, PA 17065 DATE OF NOTICE: FEBRUARU 21, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE' PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot- afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3 ! 66 ?rank Federman, ~.squire Attorney for Plaintiff FSDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff VS. DOUGLAS C. DISBROW SUSAN E. DISBROW Defendant(s) : CUMBERLAND COUNTY : NO. 01-4698 CIVIL TERM TO: SUSAN E. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 DATE OF NOTICE: FEBRUARU 21, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE~ PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 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. F/K/A COUNTRYWIDE FUNDING CORPORATION 7105 CORPORATE DRIVE Ve Plaintiff, DOUGLAS C. DISBROW SUSAN E. DISBROW Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4698 VERIFICATION OF NON-MII,ITARY 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 DOUGLAS C. DISBROW is over 18 years of age and resides at, 12 YANKEE DRIVE, MOUNT HOLLY SPRINGS, PA 17065 . (c) that defendant SUSAN E. DISBROW is over 18 years of age, and resides at, 12 YANKEE DRIVE, MOUNT HOLLY SPRINGS, PA 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~.RANK FEI~ERMAN,'E~SQUIP-~E Attomey 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. F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff, Vo DOUGLAS C. DISBROW SUSAN E. DISBROW Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4698 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 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. IAttomey fot~ Plaintiff COUNTRYWIDE HOME LOANS, INC. F/K/A .COUNTRYWIDE FUNDING CORPORATION Plaintiff, DOUGLAS C. DISBROW SUSAN E. DISBROW Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4698 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION, Plaintiff in the above action, by its attomey, 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 ,12 YANKEE DRIVE, MOUNT HOLLY SPRINGS, PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DOUGLAS C. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 SUSAN E. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 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 MEMBER 1sT FEDERAL CREDIT UNION Last Known Address (if address cannot be reasonably ascertained, please indicate) 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 27, 2003 DATE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff, V. DOUGLAS C. DISBROW SUSAN E. DISBROW Defendant(s). TO: DOUGLAS C. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND COUNTY No. 01-4698 February 27, 2003 SUSAN E. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFOR CEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 12 YANKEE DRIVE, MOUNT HOLLY SPRINGS~ PA 17065, 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 thc court judgment of $157~543.21 obtained by COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION (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.?., 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. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE AB!,E TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict 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 C~un~y. Pen~ylv~i~ bound~ ~d des~rb~ ~ accord~ce with a Plan ~epar~ by W~ler N. H~ne ~sociates. ~c.. dated De~ber ~. 1989 ~d ~rded ~ P!~ Book 54. PaEe 90. as follows: nnd an arc distance oC~l~ f~ to = paint; ~c= ~on~ Lot No. 43. South 06 de,ecs 36 minutes Wood~ Sou~ 70 de~ 27 ~nut~ 31 s~s West 4~.00 Ceet to a point; thence ~c~ Lgts 40 and 41 on Plan. Honh 19 de~ee, 32 ~u:es 19 s~onds W~I 171.13 ~eet io a p~. ~:. ~OjV'd".~l.d~%r.~Nr(~~ 0.:~467 acre ~nd d~-si~natead as tot .N'o. 42 on Plan of I.ibe~y BEING KNOWN AS 12 YANKEE DRIVE, MOUNT HOLLY SPRINGS, PA 17065. TAX PARCEL ii 23-35-2316-094 TITLE TO SAID PREMISES IS VESTED BY WARRANTY DEED IN DOUGLAS C. DISBROW AND SUSAN E. DISBROW, HIS WIFE BY DEED FROM LIBERTY ASSOCIATES, A PARTNERSHIP, DATED 6/2/1995 RECORDED 6/1995, IN DEED BOOK VOLUME 123 PAGE 292. COUNTRYWIDE HOME LOANS, INC. F/K/A -COUNTRYWIDE FUNDING CORPORATION Plaintiff, V. DOUGLAS C. DISBROW SUSAN E. DISBROW Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4698 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS~ INC. F/K/A COUNTRYWIDE FUNDING CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .~12 YANKEE DRIVE~ MOUNT HOLLY SPRINGS~ PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DOUGLAS C. DISBROW SUSAN E. DISBROW 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 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: Nalne 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 Last Known Address Of address cannot be reasonably ascertained, please indicate) MEMBER I s~- FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBuRG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be None reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in thc property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be None reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has know/edge who has any interest in the property wh/ch may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth °f Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 12 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065 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 persona/ 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. DATE '--- ~ ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff, V. DOUGLAS C. DISBROW SUSAN E. DISBROW Defendant(s). : No. 01-4698 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/5/03 to 6/11/03 (per diem -$25.90) TOTAL $157,543.21 $ 2,564.10 and Costs $160,107.31 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. / County. Pen~ylv~ bound~ ~d descrb~ ~ accord~ce with a Plan H~ne ~sociates, ~c.. da~ed D~cember 8. 19~9 ~d r~orded ~ P!~ Book follows: ~Z~ ~t a point in southe~ d~icated ri~h~-af-way lin= o~Y~nk~c and an arc distnnca o~1~ ~ ~o · point; ~c~ ~on~ Lot No. 43, Sou~h 06 ~ecs 3~ minutes Wood~ Sou~ 70 d~ ~7 ~nut~ 31 s~nds Wcs[ 41.00 feet ~o a point; ~hence ~o~ L~ts 40 and 41 on Pi~, Moth 19 dc~ees 32 ~utes ~9 ~onds West 171.13 ~ee~ BEING KNOWN AS 12 YANKEE DRIVE, MOUNT HOLLY SPRINGS, PA 17065. TAX PARCEL # 23-35-2316-094 TITLE TO SAID PREMISES IS VESTED BY WARRANTY DEED IN DOUGLAS C. DISBROW AND SUSAN E. DISBROW, HIS WIFE BY DEED FROM LIBERTY ASSOCIATES, A PARTNERSHIP, DATED 6/2/1995 RECORDED 6/1995, IN DEED BOOK VOLUME 123 PAGE 292. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-4698 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. f/k/a COUNRYWIDE FUNDING CORPORATION Plaintiff (s) From DOUGLAS C. and SUSAN E. DISBROW, 12 YANKEE DRIVE, MOUNT HOLLY SPRINGS PA 17065. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 12 YANKEE DRIVE, MOUNT HOLLY SPRINGS PA 17054 (SEE ATTACHED LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $157,543.2 Interest 3/5/03 TO 6/11/03 ~ $25.90 per diem Atty's Corem % Atty Paid $289.65 PlaintiffPaid Date: MARCH 4, 2003 C.C. $2,564.10 Due Prothy $1.00 Other Costs (Seal) REQUESTING PARTY: Name FRANK FEDERMAN ESQUIRE Address: 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER ~ SUBURBAN STATION PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 CURTIS R. LONG Prothonpt~ry p/ /~ ,% Depu~ Supreme Court ID No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYVVlDE FUNDING CORPORATION ) CIVIL ACTION ) VS. DOUGLAS C. DISBROW SUSAN E. BISBROW ) CIVIL DIVISION ) NO. 01-4698 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION hereby verify that on 3/4/03 & 4~22~03 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: May 6, 2003 ~IRE Attorney for Plaintiff 02 IA $ 01.81 0004300377 MAR04 2~ MAI~D FROM ZIPCODE 1 9' 0 2003 03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND j~ 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 Federal Natl Mt~ Asset is the grantee the same having been sold to said grantee on the 1 lth day of June A.D., 2003, under and by virtue of a writ Execution issued on the 4th day of March, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 4698, at the suit of Countrywide Home Loans lnc against Douglas c Disbrow & Susan E is duly recorded in Sheriff's Deed Book No. 257, Page 4742. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,_~ day of A.D. 2003 eum~m~m~eva~, _e~_~. ~ecorder of Deeds Countrywide Home Loans, Inc. f/k/a Countrywide Funding Corporation VS Douglas C. Disbrow and Susan E. Disbrow In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001~4698 Civil Tem~ R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description upon the within named defendant, Douglas C. Disbrow, in the following manner: The Sheriffmailed a copy of the pendency of the action by certified mail, return receipt requested, restricted delivery, deliver to addressee only, to the last know address of the defendant, 606 Waight St., Beaufort, SC 29902. This letter was mailed under the date of April 7, 2003. Return receipt card was signed by defendant, Douglas Disbrow on an April 10, 2003 and returned to the Cumberland County Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description upon the within named defendant, Susan E. Disbrow, in the following manner: The Sheriff mailed a copy of the pendency of the action by certified mail, return receipt requested, restricted delivery, deliver to addressee only, to the last know address of the defendant, 606 Waight St., Beaufort, SC 29902. This letter was mailed under the date of April 7, 2003. Return receipt card was signed by defendant, Susan Disbrow on an April 10, 2003 and returned to the Cumberland County Sheriffs Office. Brian Ba~ick, Deputy Sheriff, who being duly sworn according to law, states that on April 08, 2003 at 112:27 o'clock P.M., he posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Douglas C. Disbrow and Susan E. Disbrow located at 12 Yankee Drive, Mt. Holly Springs, 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 one of the within named defendants, to wit: Susan E. Disbrow, by regular mail to her last known address of 606 Waight Street, Beaufort, SC 29902. This letter was mailed under the date of April 16, 2003 and never returned to the Sheriffs Office. 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 one of the within named defendants, to wit: Douglas C. Disbrow, by regular mail to his last known address of 606 Waight Street, Beaufort, SC 29902. This letter was mailed under the date of April 16, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2003 at 10:00 o'clock A.M. He sold the same for the sum orS1.00 to Attorney Frank Federman for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $757.13. Sheriffs Costs: Docketing $30.00 Poundage 14.85 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library ,50 Prothonotary 1.00 Mileage 8.28 Certified Mail 15.84 Levy 15.00 Suxcharge 30.00 Law Journal 265.40 Patriot News 216.52 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 757,13 Sworn and subscribed to before me This ~] ~_ da~,y of ~ 2003, ~ Ptt°th°n°tary R, Thomas Kline, Sheriff Real Estate Deputy Real Estate Sale # 64 On March 14, 2003 the sheriff levied upon the defendant's interest in the real property situated in Mt. Holly Springs Borough, Cumberland County, PA known and numbered as 12 Yankee Drive, Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14, 2003 Real Estate Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMON~VEALTH OF PENNSYLVANIA) NO 01-4698 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYVqIDE HOME LOANS, INC. f/k/a COUNRYWIDE FUNDING CORPORATION Plaintiff (s) From DOUGLAS C. and SUSAN E. DISBROW, 12 YANKEE DRIVE, MOUNT HOLLY SPRINGS PA 17065. (1) You are directed to leW upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 12 YANKEE DRIVE, MOUNT HOLLY SPRINGS PA 17054 (SEE ATTACHED LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) ffproperty 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 hinfher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $157,543.2 i Interest 3/5/03 TO 6/11/03 ~ $25.90 per diem Atty's Comm % Atty Paid $289.65 Plaintiff Paid Date: MARCH 4, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN ESQUIRE Address: 1617 JFK BLVD, SUITE 1400 $2,564.10 Due Prothy $1.00 Other Costs CURTIS R. LONG er°th0~Otary. ' . ONE PENN CENTER ~ SUBURBAN STATION PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a 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 #64 Sworn to and subscrib-~a ~ nr~,.~,..ef_efore m!me...th~ 14th day or'ay 2~*'~.D. City Of Harrisburg, Dauphin County I ~mv ~ ~ ~- My Commission Expires June 6, 2006 ~ ' ~'~' r~-,~, Member. Pennsylvania Ass~c/atJon Of Notaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COLIN'PC COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 214.77 $ 1.75 $ 216.52 Publisher's Receipt for Advertising Cost .;o., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general :dge 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 Joumal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. R~AL ES'I'ATE ~a. LE NO. 64 Writ No. 2001-4698 Civil Countrywide Home Loa~s. Inc., f/k/a Countxywide Funding Corporation VS. Douglas C. Dtsbrow and Susan E. Disbrow Atty.: Frank Federman ALL that certain tract of land situ- ate in the Borough of Mount Holly Springs, Cumberland County, perm- sylvania, bounded a~d described in accordance with a plan prepared by Waiter N. Heine Assoeiatas, Inc., dated December 8. 1989 and re- corded in Plan Book 64, Page 90, as follows: BEGINNING at a point in south- em dedicated right-of-waY line of yankee Drive at corner of Lot No. 41: thence along yankee Drive by a curve to the right having a radius of 136.02 feet and an arc distance of 81.2 feet to a point; thence along Lot No. 43, South 06 degrees 36 minutes 54 seconds East 136.02 feet to a point; thence along Lot No. 44 on Plan. South 13 degrees 55 minutes 49 seconds East 44.60 feet to a point: thence aloag Lot No. 45 on plan of Liberty Woods, South 70 degrees 27 minutes 31 seconds West 45.00 feet to a point; thence along Lots 40 and 41 on Plan, North 19 degrees 32 minutes 29 seconds West 171.13 feet to a point, the Place of BEGINNING. CONTAINING 0.2467 acre and designated as LOt No. 42 on plan of Liberty Woods. BEING KNOWN AS 12 yANKEE DRIVE, MouNT HOLLY SPRINGS. PA 17065. may PARCEL //23-35-2316-094. SWORN TO AND SUBSCRIBED before me this 9 _day of MAY, 2003 Douglas C, Disbrow and Susan E. Disbrow AtW.: Frar~k Federman ALL that certain tPact of land sltu~ ate in the Borough of Mount Holly Springs, Cumberland County, Penn- sylvania, bounded and described in accordance with a PLan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989 and re- corded in Plan Book 64, Page 90, as follows: BEGINNING at a point in south- em dedicated right-of-way line of Yankee Drive at corner of Lot No. 4I: thence along Yankee Drive by a curve to the right having a radius of 1B6.02 feet and an arc distance of 81.2 feet to a point: thence along Lot No. 43, South 06 degrees 86 minutes 54 seconds East 136.02 lket to a point; thence along Lot No. 44 on Plan. South 13 degrees 55 minutes 49 seconds East 44,60 feet to a point; thence along Lot No. 45 on Plan of Liberty Woods, South 70 degrees 27 minutes 31 seconds West 45.00 feet to a print; thence along Lots 40 and 41 on P~an, North 19 degrees 32 minutes 29 seconds West 171.13 feet to a point, the Place of BEGINNING. CONTAINING 0.2467 acre and designated a~ Lot No. 42 on Plan of Liber t~ Woods. BEING KNOWN AS 12 YANKEE DRIVE. MOUNT HOLLY SPRINGS, PA 17065. TAX PARCEL #23-35-2a16-094. TITLE TO SAID PREMISES IS VESTED by WarranW Deed in Doug- las C, Dlsbrow and Susan E, Dis- brow, his wife by Deed from Lib- ert~ Associates, a partnership, dated 6/2/1995 recorded 6/1995, in Deed Book Volume 123 Page 292. E. S?q¥~E~; N~a~y Publl~ Bore, Cur,~:zfland Coun' C0r:...-~on Ex~ire~ Mamh $, i